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08-26-1991 MinutesMissio CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS AUGUST 26, 1991 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, August 26, 1991, at 4:00 p.m. There were present: Mayor Stephen C. Ryan, Chairman presiding Commissioner Carol E. Beggs 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: None CITIZEN FORUM Mary Lou Eaton, 102 S. Hohneck Rd., read a prepared statement opposing the Transient Guest Tax adopted by the City Commission on August 19, 1991. She quoted a study done by Purdue University on national averages of hotel/motel taxes and said Salina will now have above average taxes on it's hotel/motel rooms. Ben Frick, North Salina Business Association, said — has gathered 100 letters of intent to have a roll back of the will present copies to the Commission. AWARDS - PROCLAMATIONS None the Association guest tax and PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting August 19, 1991. 91-371 Moved by Commissioner Warner, seconded by Commissioner Divine that the Consent Agenda be approved. Aye: (5) . Nay: (0) . Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Zoning Application 91-5 filed by the City Planning Commission, for the amendment of Sections 42-642, 42-670, 42-688, 42-689.1, 42-713.1, pertaining to definitions; amending Sections 42-173, 42-188, 42-203 pertaining to conditional uses in R-2, R-2.5 and R-3 zoning districts, be approved. (Introduce Ordinance Number 91-9464, amending definitions in Chapter 42 for first reading.) Ii II ( Introduce Ordinance Number 91-9465, amending conditional uses in the R-2, R-2.5, R-3 zoning districts for first reading.) r0�m mi.i Tc rg: Roy Dudark, Director of Planning and Community Development, explained that Ordinance Number 91-9464 is necessary to bring the Salina Code into compliance with Statutory changes regarding definitions of group homes. He said Ordinance Number 91-9465 deals with the impact of businesses and professional offices in residential districts as conditional uses and redefines the use of residential districts. The Commissioners and staff discussed the impact of these changes. 91-372 j', Moved by Commissioner Divine, seconded by Commissioner Beggs 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, 42-642 of the Salina Code, pertaining to definitions; and repealing the !' existing sections, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. 91-373 Moved by Commissioner Warner, seconded by Commissioner Brungardt 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 introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. (7.2) Consider submittal of an application to the Kansas Department of Transportation for the realignment of a section of Centennial Road. Roy Dudark, Director of Planning and Community Development, explained that the application is for an Economic Development Grant to provide funding for the realignment and improvement of the "S" curve on Centennial Road. The project would require 250 local matching funds. The total project cost is estimated at $460,000. The State share would be $345,000 and the City share would be $115,000 and would need to be available by July 1, 1994. The Commissioners and staff discussed the future needs of Centennial Road. — 91-374 Moved by Commissioner Brungardt, seconded by Commissioner Beggs that the City submit an application to KDOT for realignment of Centennial Road as outlined. Aye: (5) . Nay: (0) . Motion adopted. ADMINISTRATION (8.1) Second Reading Ordinance Number 91-9461, providing for the vacation of a portion of platted Ash Street and the existing street right-of-way west of the Dry Creek cut off channel west of Broadway Boulevard in the City of Salina, Saline County, Kansas. 91-375 Moved by Commissioner Beggs, seconded by Commissioner Divine that Ordinance Number 91-9461, providing for the vacation of a portion of platted Ash Street and the existing street right-of-way west of the Dry Creek cut off channel west of Broadway Boulevard in the City of Salina, Saline County, Kansas, be adopted. Aye: Beggs, Brungardt, Divine, Warner, Ryan. j (5) . Nay: (0) . Motion adopted. (8.2) Second Reading Ordinance Number 91-9462, providing for the amendment of Ordinance Number 8526, the same being Chapter 42 of the Salina Code, and the zoning district map therein and thereby adopted and providing for the rezoning of certain property within the City and prescribing the proper uses thereof. (PDD Application 91-1 filed by Kenneth Nordboe for rezoning of property in Wallerius Addition No. 2) 91-376 1,1Moved by Commissioner Warner, seconded by Commissioner Brungardt that Ordinance Number 91-9462, providing for the amendment of Ordinance Number 8526, the same being Chapter 42 of the Salina Code, and the zoning district map therein and thereby adopted and providing for the rezoning of certain property within the City and prescribing the proper uses !' thereof, be adopted. Aye: Beggs, Brungardt , Divine, Warner. (4) . Nay: Ryan. (1) . Motion adopted. (8.3) Report on bids received August 20, 1991 for an asphalt recycler and reheater. Award the contract to Murphy Tractor of Wichita, Kansas in the amount of $22,471.00. Frank Weinhold, Director of General Services, reviewed the two bids received. He explained only one was valid as the specifications called for new equipment and one of the bids received was for used equipment. He recommended the contract be awarded to Murphy Tractor of Wichita, Kansas. The Commissioners and staff discussed the merits of new equipment versus used equipment. 91-377 Moved by Commissioner Beggs that the contract for an asphalt recycler and reheater be tabled until such time as the Department Head can determine whether we can receive new machine warranty from the manufacturer on the lower priced item. The motion died for lack of a second. 91-378 j Moved by Commissioner Brungardt, seconded by Commissioner Warner that the staff recommendation be accepted and that the contract for the purchase of an asphalt recycler and reheater be awarded to Murphy Tractor of Wichita, Kansas. Aye: Brungardt, Divine, Warner, Ryan. (4) . Nay: Beggs. (1) . Motion adopted. (8.4) Resolution Number 91-4366, appointing members to the Board of Zoning Appeals, City Planning Commission, Convention and Tourism Committee, Disciplinary Advisory Board, Housing Authority of the City of Salina, Human Relations Commission, Library Board, Parks and Recreation Advisory Board, Salina Arts and Humanities Commission, Salina Business Improvement District #1 Board of Advisors and Salina Business Improvement District #1 Design Review Board. 91-379 " Moved by Commissioner Warner, seconded by Commissioner Divine that Resolution Number 91-4366, appointing members to the Board of Zoning Appeals, City Planning Commission, Convention and Tourism Committee, Disciplinary Advisory Board, Housing Authority of the City of Salina, Human Relations Commission, Library Board, Parks and Recreation Advisory Board, Salina Arts and Humanities Commission, Salina Business Improvement District #1 Board of Advisors and Salina Business Improvement District #1 Design Review Board, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.5) Public comment period on Frontage Road parallel with South Ninth Street at J -J Chevrolet and Sprecker Drive connecting links. Dennis M. Kissinger, City Manager, explained that this project does not require a public hearing, but the City wanted to give property owners affected by these improvements a chance to comment. Troy Eisenbraun, 1204 E. Republic, said he lives quite a distance from Sprecker Drive, and wanted to know why he was in the benefit district. Dennis M. Kissinger, City Manager, explained that all property owners pay for their front street and their nearest side street. These properties have never been in a benefit district for a side street. Don Hoff, City Engineer and Director of Utilities, said he received a call from one person who is purchasing a lot at the intersection of Republic and Sprecker and wants Sprecker Drive paved. (8.6) City Engineer files two feasibility reports for the 1991 "Connecting Links". (Frontage Road at J -J Chevrolet and Sprecker Drive). 91-380 ! Moved by Commissioner Divine, seconded by Commissioner Brungardt that the feasibility reports filed by the City Engineer for the 1991 "Connecting Links" be accepted as filed. Aye: (5) . Nay: (0) . Motion adopted. i (8.7) Resolution Number 91-4367, determining the advisability of curbing, guttering, paving and grading of a certain connecting link, a frontage road parallel with South Ninth Street, estimating the cost thereof, defining the boundaries of the improvement district, method of assessment and apportioning the cost between the improvement district and the city -at -large. 91-381 Moved by Commissioner Beggs, seconded by Commissioner Warner that Resolution Number 91-4367, determining the advisability of curbing, guttering, paving and grading of a certain connecting link, a frontage road parallel with South Ninth Street, estimating the cost thereof, defining the boundaries of the improvement district, method of assessment and apportioning the cost between the improvement district and the city -at -large, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.8) Resolution Number 91-4368, determining the advisability of curbing, guttering, paving, grading of Sprecker Drive, a connecting link, estimating the cost thereof, defining the boundaries of the improvement district, method of assessment, and apportioning the cost between the improvement district and the city -at -large. 91-382 I,! Moved by Commissioner Brungardt, seconded by Commissioner Divine that Resolution Number 91-4368, determining the advisability of curbing, guttering, paving, grading of Sprecker Drive, a connecting link, estimating the cost thereof, defining the boundaries of the improvement district, method of assessment, and apportioning the cost between the improvement district and the city -at -large, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.9) Resolution Number 91-4369, authorizing and ordering certain curbing, guttering, paving and grading of a certain connecting link, a frontage road parallel with South Ninth Street, ordering preparation of plans and specifications and the estimate of costs. 91-383 Moved by Commissioner Warner, seconded by Commissioner Brungardt that Resolution Number 91-4369, authorizing and ordering certain curbing, guttering, paving and grading of a certain connecting link, a frontage road parallel with South Ninth Street, ordering preparation of plans and specifications and the estimate of costs, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.10) Resolution Number 91-4370, authorizing and ordering certain curbing, guttering, paving and grading of Sprecker Drive, a connecting link, ordering preparation of plans and specifications and the estimate of costs. Moved by Commissioner Divine, seconded by Commissioner Beggs that Resolution Number 91-4370, authorizing and ordering certain curbing, guttering, paving and grading of Sprecker Drive, a connecting link, ordering preparation of plans and specifications and the estimate of costs, be adopted. Aye: (5) . Nay: (0) . Motion adopted. ( 8.11) Resolution Number 91-4371, authorizing and ordering certain curbing, guttering, paving, grading, storm drainage, water main and service and sanitary sewer improvements, ordering preparation of plans and specifications and the estimate of costs. (Meyer, King and Mayfair Additions) 91-385 Moved by Commissioner Brungardt, seconded by Commissioner Warner that Resolution Number 91-4371, authorizing and ordering certain curbing, guttering, paving, grading, storm drainage, water main and service and sanitary sewer improvements, ordering preparation of plans and specifications and the estimate of costs, be adopted. Aye: (5) . Nay: (0) . Motion adopted. ( 8.12) City Engineer files plans and specifications for Engineering Project 91-836 for street and utility improvements in Meyer, King and Mayfair Additions and two connecting links. ( Set September 17, 1991 to receive bids on the project.) � Ii Action-*- - 91-386 ''' Moved by that the plans and set to receive bids Motion adopted. Commissioner Warner, seconded by Commissioner Beggs specifications be accepted and that September 17, 1991 be on Engineering Project 91-836. Aye: (5). Nay: (0). (8.13) Resolution Number 91-4372, authorizing the Mayor to execute and the City Clerk to attest an addendum to an agreement dated July 16, 1990 between the City of Salina, Kansas and Bucher, Willis and Ratliff, Consulting Engineers, Planners and Architects, for engineering services in connection with the painting of six (6) elevated water storage tanks in the amount of $32,900, for a total contract amount not to exceed $47,000. Don Hoff, City Engineer and Director of Utilities, explained that this amendment covers post design services for inspection services not included in the original contract. 91-387 Moved by Commissioner Beggs, seconded by Commissioner Divine that Resolution Number 91-4372, authorizing the Mayor to execute and the City Clerk to attest an addendum to an agreement dated July 16, 1990 between the City of Salina, Kansas and Bucher, Willis and Ratliff, Consulting Engineers, Planners and Architects, for engineering services in connection with the painting of six (6) elevated water storage tanks in the amount of $32,900, for a total contract amount not to exceed $47,000, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.14) Resolution Number 91-4373, accepting a sole source proposal from Claco Supply, Inc., of Wichita, Kansas, to furnish and install one Modernfold Accoustic-Seal Operable Wall in Heritage Hall of the Bicentennial Center, in the amount of $34,148. Phil Chamoff, Interim Bicentennial Center Manager, explained that Claco Supply, Inc. is the only company to carry the panels to utilize the existing track and panels. He said the additional panels would increase the capacity, the number of breakout rooms, and will result in the increased booking of Heritage Hall. 91-388 Moved by Commissioner Brungardt, seconded by Commissioner Divine that Resolution Number 91-4373, accepting a sole source proposal from Claco Supply, Inc., of Wichita, Kansas, to furnish and install one Modernfold Accoustic-Seal Operable Wall in Heritage Hall of the Bicentennial Center, in the amount of $34,148, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.15) Request by the Smoky Hill Museum for authorization to make application to the Heritage Trust Fund on behalf of the museum. Tom Pfannenstiel, Museum Director, said the Museum is applying for a grant from Heritage Trust Fund for historic preservation work on the exterior of the Smoky Hill Museum building. 91-389 Moved by Commissioner Warner, seconded by Commissioner Divine that the Smoky Hill Museum be authorized to make application for a Heritage Trust Fund grant from the Kansas State Historical Society. Aye: (5) . Nay: (0) . Motion adopted. (8.16) Report on newspaper recycling. Mike Morgan, Assistant City Manager, reported that the City's six month newspaper recycling trial program was very successful. He outlined 3 options for the Commissioners to consider: 1) continue the program; 2) continue the program with limited pickup; 3) discontinue the program and monitor the Wal-Mart recycling program. Marge Streckfus, League of Women Voters, and Michael Yeakey, 1215 North 12th, spoke in favor of the City continuing it's newspaper recycling program to save resources and maintain the recycling mentality. The Commissioners discussed the options available. Dennis M. Kissinger, City Manager, said Central Fiber of Wellsville, Kansas, the current carrier, is asking for a significant increase in price and a long-term commitment to continue the City's program. 91-390 'i Moved by Commissioner Brungardt, seconded by Commissioner Warner that the City's program be discontinued and the efforts of Wal -Mart's recycling program be monitored closely. Aye: (5) . Nay: (0) . Motion adopted. Dennis M. Kissinger, City Manager, requested an executive session to discuss the Day's Inn, Resolution Trust matter. He said the City Attorney needs to brief the City Commission and get direction. 91-391ii Moved by Commissioner Beggs, seconded by Commissioner Brungardt that the Board of Commissioners recess into executive session for II 15 minutes for the purpose of discussing with the City Attorney matters deemed subject to the attorney/client privilege relating to the contract of sale of the Hilton Inn/Days Inn property to Resolution Trust Corporation. Aye: (5) . Nay: (0) . Motion adopted. The Board of Commissioners recessed at 5:45 p.m. and reconvened at 6: 04 p. m. The Commissioners took no action. OTHER BUSINESS None ADJOURNMENT 91-392 Moved by Commissioner Beggs, seconded by Commissioner Warner that the Regular Meeting of the Board of Commissioners be adjourned. Aye: -- (5) . Nay: (0) . Motion adopted. The meeting adjourned at 6:05 p.m. Stephen C. Ryan, ayor ( SEAL) ATTEST: cu CA -d Jacqu line Shiever, City Clerk