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11
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
SEPTEMBER 9, 1991
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, September 9, 1991, at 4:00
p.m.
There were present:
Mayor Stephen C. Ryan, Chairman presiding
Commissioner Peter F. Brungardt
Commissioner John Divine
Commissioner Joseph A. Warner
comprising a quorum of the Board, also present:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Jacqueline Shiever, City Clerk
Absent:
Commissioner Carol E. Beggs
CITIZEN FORUM
Reverend Evadne Tuxhorn, 809 Willow Drive, asked the
Commissioners for approval to host a convention of the American Spiritualist
Alliance in August 1992, consisting of 60 - 80 ministers and lay workers.
Mayor Ryan said there is nothing planned for licensing so she could
go forward with her plans.
AWARDS - PROCLAMATIONS
(4.1) The Mayor proclaimed the Week of September 17 through 23, 1991 as
"CONSTITUTION WEEK". The proclamation was read by Jean Hamilton, DAR
Constitution Week Chairman.
(4.2) The Mayor proclaimed the Year of 1991 as "KANSAS CIVIL AIR
PATROL AWARENESS YEAR". The proclamation was read by Lt. Charlene
Forsythe, Publicity Officer for the Kansas Civil Air Patrol.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting August 26, 1991.
(6.2) Authorize the City Clerk to issue a Surety on Bail Bond Agent
License to Regan W. Gremmel, to act as agent for Bob's Bail Bond.
(6.3) Petition Number 4017, filed by Central Kansas Mental Health Center
for the vacation of Westbend Avenue from the south line of Elmhust Avenue to
the south end of the cul-de-sac, adjacent to Lot 14, Block 1 ad Lots 1 and 2,
Block 2, Westbend Addition. (Refer the petition to the City Engineer for a
report. )
Dennis M. Kissinger, City Manager, asked that consideration of Item
6.2 be removed from the agenda.
91-393 11 Moved by Commissioner Divine, seconded by Commissioner Brungardt
that Items 6.1 and 6.3 of the Consent Agenda be approved. Aye: (4) . Nay:
(0) . Motion adopted.
I
DEVELOPMENT BUSINESS
(7.1) g g
Recommendation from the Heritage Commission that Heritage
Conservation Application 91-3, filed by Steven and Kathryn Wortmann, et al,
that property in the 600 and 700 Blocks of Highland Avenue, the 100 Block
of West Crawford and the 100 Block of West Bond, be designated as an
historic district. (Introduce Ordinance 91-9466 for first reading.)
Roy Dudark, Director of Planning and Community Development,
reviewed the application and described the district. He said this 13.2 acre
district would be the second historic district in Salina. He explained 29 of
the 48 structures in the district would be contributing structures and major
changes would require approval.
91-394 Moved by Commissioner Warner, seconded by Commissioner
Brungardt that the recommendation from the Heritage Commission be accepted,
that Heritage Conservation application 91-3 be approved and that Ordinance
Number 91-9466, designating an area of property consisting of approximately
13.2 acres located in the 600 and 700 blocks of Highland Avenue, the 100
block of West Crawford and the 100 block of West Bond Street for historic
district designation, be introduced for first reading. Aye: (4) . Nay: (0) .
Motion adopted.
(7.2) Consider a request from Salina Habitat for Humanity that the City of
Salina absorb outstanding special assessments and taxes on Lots 2, 4 and 6,
Block 8, Episcopal Military Institute Addition.
Commissioner Divine asked the City Attorney for a ruling on conflict
of interest because he is on the fund raising committee.
Greg Bengtson, City Attorney, assured Commissioner Divine, action
could be at his discretion.
Roy Dudark, Director of Planning and Community Development,
provided background on the property taxes and special assessments on the
requested lots, then outlined City Commission options.
Dennis M. Kissinger, City Manager, explained that if the
Commissioners decided to grant this request, it would amount to approximately
$10,000 and be in the form of an actual cash donation.
Karen Black, President of Salina Habitat for Humanity, Inc. said the
lots were donated to Habitat, but there is a large tax obligation. She asked
for favorable consideration by the City Commission.
The Commissioners and staff discussed the request.
91-395 Moved by Commissioner Brungardt, seconded by Commissioner
Warner that the request from Salina Habitat for Humanity be granted and that
payments of past and future special assessments on the 3 requested lots be
authorized. Aye: Brungardt, Warner, Ryan. (3) . Nay: (0) . Commissioner
Divine abstained. Motion adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 91-9464, amending Chapter 42 of
the Salina Code by adding Sections 42-689.1 and 42-713.1; amending Sections
42-670, 42-688, 42-646 of the Salina Code, pertaining to definitions; and
repealing the existing sections.
Roy Dudark, Director of Planning and Community Development, said
one letter was received from John Heline asking about the effect of the
j proposed changes on existing professional offices. He explained they become
non -conforming use until they are removed or rezoned.
The Commissioners and staff discussed the proposed changes to the
definitions.
91-396 '" Moved by Commissioner Warner, seconded by Commissioner
Brungardt that Ordinance Number 91-9464, amending Chapter 42 of the Salina
Code by adding Sections 42-689.1 and 42-713.1; amending Sections 42-670,
42-688, 42-646 of the Salina Code, pertaining to definitions; and repealing
the existing sections, be adopted. Aye: Brungardt, Divine, Warner, Ryan.
(4) . Nay: (0) . Commissioner Beggs absent. Motion adopted.
(8.2) Second Reading Ordinance Number 91-9465, amending Sections
42-173, 42-188, 42-203 of the Salina Code pertaining to Conditional Uses in
ii the R-2, R-2.5 and R-3 districts ; and repealing the existing sections.
Roy Dudark, Director of Planning and Community Development,
explained that these changes make the zoning code more restrictive, but
provide more protection to homeowners.
91-397 Moved by Commissioner Brungardt, seconded by Commissioner
Warner that Ordinance Number 91-9465, amending Sections 42-173, 42-188,
42-203 of the Salina Code pertaining to Conditional Uses in the R-2, R-2.5 and
R-3 districts ; and repealing the existing sections, be adopted. Aye:
Brungardt, Divine, Warner, Ryan. (4) . Nay: (0) . Commissioner Beggs
absent. Motion adopted.
(8.3) Resolution Number 91-4374, authorizing the Mayor to execute and the
City Clerk to attest an agreement between the City of Salina, Kansas, and
Bucher, Willis and Ratliff, Consulting Engineers, Planners and Architects, for
engineering services in connection with the East Dry Creek Interceptor Sewer
Project in an amount not to exceed $177,000.
Don Hoff, City Engineer and Director of Utilities, said this
contract and the contract in Item 8.4 are the next step in engineering
services relating to the East Dry Creek Interceptor Sewer project.
Construction will be dovetailed with the sewer plant improvements.
91-398 Moved by Commissioner Divine, seconded by Commissioner Brungardt
that Resolution Number 91-4374, authorizing the Mayor to execute and the City
Clerk to attest an agreement between the City of Salina, Kansas, and Bucher,
Willis and Ratliff, Consulting Engineers, Planners and Architects, for
engineering services in connection with the East Dry Creek Interceptor Sewer
Project in an amount not to exceed $177,000, be adopted. Aye: (4). Nay:
(0) . Motion adopted.
(8.4) Resolution Number 91-4375, authorizing the Mayor to execute and the
City Clerk to attest an agreement between the City of Salina, Kansas, and
Wilson & Company, Engineers & Architects, for engineering services in
connection with the East Dry Creek Interceptor Sewer Project in an amount not
to exceed $253,450.
91-399 Moved by Commissioner Warner, seconded by Commissioner Divine
that Resolution Number 91-4375, authorizing the Mayor to execute and the City
Clerk to attest an agreement between the City of Salina, Kansas, and Wilson &
Company, Engineers & Architects, for engineering services in connection with
the East Dry Creek Interceptor Sewer Project in an amount not to exceed
$258,450, be adopted. Aye: (4) . Nay: (0) . Motion adopted.
(8.5) Resolution Number 91-4376, authorizing the payment of the
appraisersaward and requested fees in condemnation. (Relating to the
railroad property on North Third Street.)
Dennis M. Kissinger, City Manager, reviewed the history of the
condemnation of the property.
91-400 Moved by Commissioner Brungardt, seconded by Commissioner
li Warner that Resolution Number 91-4376, authorizing the payment of the
appraisers' award and requested fees in condemnation, (relating to the
railroad property on North Third Street) , be adopted. Aye: (4) . Nay: (0) .
Motion adopted.
(8.6) Resolution
Number 91-4377, establishing the service charge
for
returned checks written
to the City
of Salina for fees and services at $15.00
for each check.
Robert K.
Biles, Director
of Finance and Administration, said
the
amount of staff time
to process the
returned checks is increasing and
staff
recommends a $15.00
charge for each
returned check effective October 1,
1991
to recover some of the
cost.
91-401 ! Moved by Commissioner Divine, seconded by Commissioner Brungardt
that Resolution Number 91-4377, establishing the service charge for returned
checks written to the City of Salina for fees and services at $15.00 for each
I check, be adopted. Aye: (4) . Nay: (0) . Motion adopted.
(8.7) Resolution Number 91-4378, designating Schilling Road as a main
trafficway, authorizing the modification of the Schilling Road and I-135
interchange and the Schilling Road and Ninth Street intersection under the
provisions of K.S.A. 12-865, stating the City's intent to finance the
improvements from the proceeds of tax-exempt general obligation bonds.
Robert K. Biles, Director of Finance and Administration, said this
project is in the 1992 Capital Improvement Program and this resolution will
start the process to make the improvements and finance the project with
General Obligation Bonds.
91-402 '!I Moved by Commissioner Warner, seconded by Commissioner
Brungardt that Resolution Number 91-4378, designating Schilling Road as a
main trafficway, authorizing the modification of the Schilling Road and I-135
interchange and the Schilling Road and Ninth Street intersection under the
provisions of K.S.A. 12-865, stating the City's intent to finance the
improvements from the proceeds of tax-exempt general obligation bonds. Aye:
(4) . Nay: (0) . Motion adopted.
(8.8) Receive and review 1990 Audit Report from Kennedy & Coe.
Robert K. Biles, Director of Finance and Administration, reviewed
the 1990 Audited Financial Statements.
Dave Mills, Kennedy and Coe, introduced Dale Heusel, Partner. Mr.
Mills reviewed the findings and said they must be presented regardless of
significance. He said the financial statement on page 13 - 14 is a summary of
activity for the year 1990, including internal and external transfers.
The Commissioners and staff discussed the audit report.
91-403 I Moved by Commissioner Divine, seconded by Commissioner Brungardt
that the 1990 Audit Report from Kennedy & Coe be accepted. Aye: (4) .
Nay: (0) . Motion adopted.
(8.9) Report on bids received September 3, 1991 for the sale of 14 lots in
Eastgate Addition.
Robert K. Biles, Director of Finance and Administration, said bids
were received on Lot 1, Block 3 and Lot 3, Block 3 from Jesse Crow in the
amounts of $8,250.00 and $7,750.00 respectively. He said both bids were
above the minimum amount required and recommended the lots be sold to Jesse
Crow in the stated amounts.
91-404 I' Moved by Commissioner Warner, seconded by Commissioner
Brungardt that Lot 1, Block 3 and Lot 3, Block 3, Eastgate Addition, be sold
to Jesse Crow in the amounts of $8,250.00 and $7,750.00 respectively. Aye:
(4) . Nay: (0) . Motion adopted.
CnmmiccieT
(8.10) Report on bids received September 3, 1991 for Engineering Project
91-838 for the Iron Avenue Water Main Improvements. (Award the contract to
Wilson Constructors, Inc. in the amount of $109,738.)
Shawn O'Leary, Assistant City Engineer, reviewed the project. He
said 3 valid bids were received and recommended that the low bid be rejected
on the basis of an inappropriate construction schedule. He recommended the
contract be awarded to Wilson Constructors, Inc. in the amount of $109,738.
91-405 ',i Moved by Commissioner Divine, seconded by Commissioner Brungardt
that the staff recommendation be accepted and that the contract for
Engineering Project No. 91-838, Iron Avenue Water Main Improvements, be
awarded to Wilson Constructors, Inc. in the amount of $109,738. Aye: (4).
Nay: (0) . Motion adopted.
(8.11) Report on bids received August 27, 1991 for the construction of a
park storage building. (Award the Contract to Salina Building Systems in the
amount of $124,182.)
Steve Snyder, Director of Parks and Recreation, reviewed the
history of the bids received. He recommended awarding the contract to Salina
Building Systems for the base bid and two add alternates in the amount of
$124,182.
91-406 Moved by Commissioner Brungardt, seconded by Commissioner
Warner that the staff recommendation be accepted and that the contract for
Project No. 91-840, construction of a storage building in Oakdale Park, be
awarded to Salina Building Systems in the amount of $124,182. Aye: (4).
Nay: (0) . Motion adopted.
None
91-407 Moved
Brungardt that
adjourned. Aye:
5:22 p.m.
OTHER BUSINESS
ADJOURNMENT
by Commissioner Warner, seconded by Commissioner
the Regular Meeting of the Board of Commissioners be
(4) . Nay: (0) . Motion adopted. The meeting adjourned at
u -
Stephen C. Ry Mayor
( SEAL)
ATTEST:
Jac
quel ne Shiever, City Clerk