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04-15-1991 Minutes OrganizationCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS APRIL, 15, 1991 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, April 15, 1991, at 4:00 p.m. There were present: Mayor Robert E. Frank, Chairman presiding Commissioner Carol E. Beggs Commissioner John Divine Commissioner Stephen C. Ryan 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 Bernard King, 778 W. Crawford, asked what authority KPL had to be on private property before right-of-way has been acquired and also asked how the price of the right-of-way is established. He was directed to meet with Don Hoff, City Engineer. AWARDS - PROCLAMATIONS (4.1) The Mayor proclaimed the Week of April 15 through 20, 1991 as "CIVITAN INTERNATIONAL AWARENESS WEEK." The proclamation was read by Lee Spellman, President of the Salina Civitan Club. (4.2) The Mayor proclaimed Monday, April 15, 1991 as "KANSAS MASTER TEACHER DEENA HORST DAY." The proclamation was read by Bill Mercer, Assistant Superintendent for Curriculum, Instruction and Student Services. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing on the method of proposed special assessments for Engineering Projects 89-789 and 89-790 for street and utility improvements in Country Club Estates 2,3,4; Meyer, Mariposa, Country Oak Estates and Waters Additions. (5.1a) First Reading Ordinance Number 91-9438, levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas for the purpose of paying a portion of the cost of certain street and utility improvements in Country Club Estates Additions 2, 3, 4; Country Oak Estates, Mariposa, Meyer and Waters Additions. Mayor Frank declared the public hearing open. Lynn Elder, 1201 East Republic, objected to the method of assessment on his lot in Meyer Addition. He said he felt he was being unjustly assessed because of his irregular shaped lot. Don Hoff, City Engineer, explained the petitioners requested the improvements be installed and then assessed on the adjusted front footage. He said Mr. Elder could come to the Engineering Department to discuss the matter during the week. Joan Sanger, 741 Huehl Circle, asked who selects the method of special assessments. She was told the petitioners set out how the special assessments are to be assessed at the time the petition is filed. 91-142 91-143 91-144 Nick Strite, East Republic, asked what the advantages were to paying the assessment during the 30 day period or on the taxes over a ten year period. Robert Biles, Director of Finance and Administration, explained that the property will not be assessed any interest if the principal is paid within 30 days of the adoption of the assessment ordinance. At the end of the 30 days Internal Improvement Bonds may be issued and the property is then obligated for the interest on the bonds over the 10 year period. Dennis Kissinger, City Manager, reported the City received one protest in writing from a property owner on Argonne asking why they are being assessed at this time when they paid special assessements twelve years ago. Mr. Kissinger explained that property owners pay for the street in front of their property and the nearest side street. There were no other comments, so the Mayor declared the public hearing closed. Moved by Commissioner Beggs, seconded by Commissioner Divine that Ordinance Number 91-9438, levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas for the purpose of paying a portion of the cost of certain street and utility improvements in Country Club Estates Additions 2, 3, 4; Country Oak Estates, Mariposa, Meyer and Waters Additions, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. (5.2) Public Hearing on 1991 CDBG Housing Rehabilitation Grant Application. (5.2a) Resolution Number 91-42931 authorizing the preparation and filing with the Kansas Department of Commerce of a Small Cities Community Development Block Grant Program application for community improvement (housing rehabilitation) assistance for fiscal year 1991, designating the Mayor as the authorized representative of the City of Salina to act in connection with the application and providing such additional information as may be required. (5.2b) Resolution Number 91-4294, a resolution of residential antidisplacement and relocation assistance plan under Section 104(D) of the Housing and Community Development Act of 1974, as amended. Mayor Frank declared the public hearing open. Roy Dudark, Director of Planning and Community Development, explained this application is for $300,000 of federal funds to assist homeowners to upgrade their dwellings. He explained this application adds a new category for deferred loan payments to qualified families. There were no comments filed, written or oral, so the Mayor declared the public hearing closed. Moved by Commissioner Warner, seconded by Commissioner Ryan that Resolution Number 91-4293, authorizing the preparation and filing with the Kansas Department of Commerce of a Small Cities Community Development Block Grant Program application for community improvement (housing rehabilitation) assistance for fiscal year 1991, designating the Mayor as the authorized representative of the City of Salina to act in connection with the application and providing such additional information as may be required, be adopted. Aye: (5) . Nay: (0) . Motion adopted. Moved by Commissioner Ryan, seconded by Commissioner Warner that Resolution Number 91-4294, a resolution of residential antidisplacement and relocation assistance plan under Section 104(D) of the Housing and Community Development Act of 1974, as amended, be adopted. Aye: (5) . Nay: (0) . Motion adopted. 91-145 CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting April 8, 1991. (6.2) An application for $2,000,000 Industrial Revenue Bonds and an application for tax exemption has been filed by Wyatt Foundry, Inc., at 601 Idlewilde. (Great Plains Manufacturing.) (These applications should be referred to the staff for review in accordance with adopted policy, and a recommendation; May 6, 1991 should be set for the public hearing.) Moved by Commissioner Warner, seconded by Commissioner Beggs that all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) . Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Conditional Use Application 91-4, filed by Wallace W. Storey, Jr., for a Conditional Use Permit to allow construction of a two-story, 24 unit apartment complex on property zoned R-2 (Multi -Family Residential) on property legally described as Lots 21 thru 26, Block 10, Oakdale Addition, and Lot 8, Block 1, Phillips East Salina Addition in the City of Salina, Saline County, Kansas (aka 126 South Ohio) , be approved with conditions. (7. la) Protest Petition 4009, filed by property owners within 200 feet of the proposed property, protesting the approval of the Conditional Use Permit. The Commissioners and staff discussed the matter. Mike Sheahon, Attorney for the protestors, said the surrounding landowners oppose construction of the apartment complex in their back yards because they are concerned about the increased congestion, traffic, noise and safety for children in the area. He asked the City Commissioners to set aside the City Planning Commission decision. Richard Tucker, 1035 Gypsum, said Mr. Storey had neither maintained the lots nor complied with the city ordinance regarding weed mowing and said he probably won't comply with the conditions related to the conditional use permit. Wally Storey, 227 N. Santa Fe, Suite 206, said he will comply with all conditions established by the City and that the property will be cared for. Jane Wood, 117 South Kansas; Bob Ziegler, 1020 East Iron; Carol Hyman, 1033 Gypsum; and Galen Waggoner, 127 South Kansas, spoke against the construction of the apartment complex. They expressed their concerns about privacy, traffic, noise and the ability to get fire equipment to the complex if necessary. Evelyn Maxwell, Housing Resource Board, said soil testing should be done to see if the property is suitable for construction. 91-146 Moved by Commissioner Divine, seconded by Commissioner Warner that the recommendation of the City Planning Commission be accepted, and that Conditional Use Application 91-4 be approved with certain conditions. Aye: (5) . Nay: (0) . Motion adopted. Roy Dudark, Director of Planning and Community Development, explained this matter comes to the City Commission because of the protest petition. The property is now a vacant lot near Iron and Ohio and the developer plans to construct a 24 unit apartment complex. He said the protest petition has 16 valid signatures which represents 45% of the land area within 200' of the property. The Commissioners and staff discussed the matter. Mike Sheahon, Attorney for the protestors, said the surrounding landowners oppose construction of the apartment complex in their back yards because they are concerned about the increased congestion, traffic, noise and safety for children in the area. He asked the City Commissioners to set aside the City Planning Commission decision. Richard Tucker, 1035 Gypsum, said Mr. Storey had neither maintained the lots nor complied with the city ordinance regarding weed mowing and said he probably won't comply with the conditions related to the conditional use permit. Wally Storey, 227 N. Santa Fe, Suite 206, said he will comply with all conditions established by the City and that the property will be cared for. Jane Wood, 117 South Kansas; Bob Ziegler, 1020 East Iron; Carol Hyman, 1033 Gypsum; and Galen Waggoner, 127 South Kansas, spoke against the construction of the apartment complex. They expressed their concerns about privacy, traffic, noise and the ability to get fire equipment to the complex if necessary. Evelyn Maxwell, Housing Resource Board, said soil testing should be done to see if the property is suitable for construction. 91-146 Moved by Commissioner Divine, seconded by Commissioner Warner that the recommendation of the City Planning Commission be accepted, and that Conditional Use Application 91-4 be approved with certain conditions. Aye: (5) . Nay: (0) . Motion adopted. 91-147 91-148 91-149 91-150 91-151 ADMINISTRATION (8.1) Third Reading Ordinance 91-9435, authorizing issuance of a request for proposals, setting dates for response, establishing standards for review of Salina Cable TV's request for a franchise renewal, establishing procedures and standards for receiving and reviewing franchise applications by others, establishing legal qualifications for a franchise, and requiring that any cable system obtain a franchise. (Amend the ordinance to include designation of Access Management Entity, then adopt as amended.) Dennis Kissinger, City Manager, said staff received new information and recommended this item be tabled until April 22, 1991. Moved by Commissioner Ryan, seconded by Commissioner Beggs that third reading of Ordinance 91-9435 be tabled until April 22, 1991. Aye: (5). Nay: (0) . Motion adopted. (8.2) Second Reading Ordinance Number 91-9436, relating to certain licenses issued by the City and repealing Sections 6-1, 6-76, 6-77, 6-86, 6-87, 6-88, 6-89, 6-90, 6-91, 6-92, 6-106, 6-116, 6-117, 6-118, 6-119, 6-141, 6-1423, 6-143, 6-144, 6-156, 6-157, 6-158, 6-159, 6-166, 6-167, 6-168, 6-169, 6-1701 40-16, 40-17, 40-18, 40-19, 40-20, 40-21, 40-22, 40-23, 40-24, 40-25, 40-26, 40-27, 40-28, 40-29, 40-30 and Chapter 7.5 of the Salina Code. Dennis Kissinger, City Manager, provided background on this item and companion items 8.3 and 8.4 Moved by Commissioner Warner, seconded by Commissioner Ryan that Ordinance Number 91-9436, relating to certain licenses issued by the City and repealing Sections 6-1, 6-76, 6-77, 6-86, 6-87, 6-88, 6-89, 6-90, 6-91, 6-92, 6-106, 6-116, 6-117, 6-118, 6-119, 6-141, 6-142, 6-143, 6-144, 6-156, 6-157, 6-158, 6-159, 6-166, 6-167, 6-168, 6-169, 6-170, 40-16, 40-17, 40-18, 40-19, 40-20, 40-21, 40-22, 40-23, 40-24, 40-25, 40-26, 40-27, 40-28, 40-29, 40-30 and Chapter 7.5 of the Salina Code, be adopted. Aye: Beggs, Divine, Ryan, Warner, Frank. (5). Nay: (0). Motion adopted. (8.3) Second Reading Ordinance Number 91-9437, amending Section 28-1 of the Salina Code regarding the licensing of ice cream vendors and itinerant canvassers. Moved by Commissioner Ryan, seconded by Commissioner Warner that Ordinance Number 91-9437, amending Section 28-1 of the Salina Code regarding the licensing of ice cream vendors and itinerant canvassers, be adopted. Aye: Beggs, Divine , Ryan, Warner, Frank. (5) . Nay: (0) . Motion adopted. (8.4) Resolution Number 91-4295, establishing all license fees, permit fees and other user related fees or charges, pursuant to Section 2-2 of the Salina Code, amending Resolution 89-4096 and repealing the existing resolution. Moved by Commissioner Ryan, seconded by Commissioner Divine that Resolution Number 91-4295, establishing all license fees, permit fees and other user related fees or charges, pursuant to Section 2-2 of the Salina Code, amending Resolution 89-4096 and repealing the existing resolution, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.5) Reconsideration of Resolution Number 91-4291, authorizing the Mayor to execute an agreement with Daktronics, Inc. of South Dakota to upgrade the four-sided scoreboard, add a new ticket area message center and change control systems to modernize the system at the Bicentennial Center. (This item was tabled at the April 8, 1991 meeting.) Moved by Commissioner Divine, seconded by Commissioner Beggs that Resolution Number 91-4291 be removed from the table for consideration. Aye: (5) . Nay: (0) . Motion adopted. Dennis Kissinger, City Manager, said staff is not ready to proceed and recommended this resolution be defeated. 91-152 91-153 91-154 91-155 91-156 Moved by Commissioner Divine, seconded by Commissioner Warner that Resolution Number 91-4291, authorizing the Mayor to execute an agreement with Daktronics, Inc. of South Dakota to upgrade the four-sided scoreboard, add a new ticket area message center and change control systems to modernize the system, be adopted. Aye: (0) . Nay: (5) . Motion defeated. (8.6) Consideration of the project authorization for the 1991 office renovation project at the City -County Building. Robert Biles, Director of Finance and Administration, explained this project will include work in the City Manager's office, City Clerk's office, Personnel, Planning and Engineering. He said part of the reason for the renovation is to improve customer service. The City Commissioners and staff discussed the project financing. Moved by Commissioner Ryan, seconded by Commissioner Divine that the 1991 office renovation project with alternate, be authorized for an additional $10,272.00. Aye: (5) . Nay: (0) . Motion adopted. (8.7) Report on bids received Tuesday, April 2, 1991 for Engineering Project 91-829 for the demountable partition reorganization project. (Award the contract for the Base Bid and Alternate No. 1 ( Engineering and Planning Offices) to Leroy Newell Construction in the amount of $10,271.42.) Robert Biles, Director of Finance and Administration, reported that four bids were received, and because they were favorable, staff recommended the contract be awarded to Leroy Newell Construction for the base and alternate bids. Moved by Commissioner Divine, seconded by Commissioner Warner that the contract for Engineering Project 91-829 for the demountable partition reorganization project for the Base Bid and Alternate No. 1 ( Engineering and Planning Offices) be awarded to Leroy Newell Construction in the amount of $10,271.42. Aye: (5) . Nay: (0) . Motion adopted. (8.8) Report on proposals received to provide various components of the self-insured workers compensation program. (Accept GAB and Employers Reinsurance Corporation in the total amount of $36,361.) Keith Rawlings, Risk Manager, provided the background on this program and reported on the proposals received. John King, Insurers and Investors, discussed the City's loss history and possible savings to the City. Moved by Commissioner Warner, seconded by Commissioner Ryan that the staff recommendation be accepted and that GAB and Employers Reinsurance Corporation's proposals be accepted to provide various components of the self-insured workers compensation program in the amount of $36,361. Aye: (5) . Nay: (0) . Motion adopted. (8.9) Resolution Number 91-4296 authorizing the Mayor to execute, and the City Clerk to attest, an agreement for consulting services between the City of Salina, Kansas and Betty Jo White, Associate Professor of Housing at Kansas State University, for a cost not to exceed $3,000. Roy Dudark, Director of Planning and Community Development, explained this study will evaluate the housing needs in Salina and will identify the existing housing programs. He reported the six local banks in Salina are financially underwriting the contract for the housing needs assessment. Moved by Commissioner Warner, seconded by Commissioner Beggs that Resolution Number 91-4296 authorizing the Mayor to execute, and the City Clerk to attest, an agreement for consulting services between the City of Salina, Kansas and Betty Jo White, Associate Professor of Housing at Kansas 91-157 91-158 91-159 State University, for a cost not to exceed $3,000, be adopted. Aye: (5). Nay: (0) . Motion adopted. (8.10) Resolution Number 91-4297, authorizing the Mayor to execute, and the City Clerk to attest, an agreement between the City of Salina, Kansas and Pepsi-Cola Bottling Company of Salina, Inc., concerning the contribution of a scoreboard by Pepsi-Cola to the City. Steve Snyder, Director of Parks and Recreation, explained this is a part of the public/private joint venture to develop the Premier Baseball field and East Crawford Recreation area. He described the terms of the agreement. Moved by Commissioner Divine, seconded by Commissioners Beggs that Resolution Number 91-4297, authorizing the Mayor to execute, and the City Clerk to attest, an agreement between the City of Salina, Kansas and Pepsi-Cola Bottling Company of Salina, Inc., concerning the contribution of a scoreboard by Pepsi-Cola to the City, be adopted. Aye: (5) . Nay: (0) . Motion adopted. ( 8.11) Report on bids received March 19, 1991 for Engineering Project 91-824 for the construction of a restroom/concession facility at the Premier Baseball Field located at the East Crawford Recreation area. (Award the contract to Don Vancil Construction in the amount of $55,900.) (This item was tabled April 8, 1991) . Moved by Commissioner Divine, seconded by Commissioner Warner that the bids for Engineering Project 91-824 be removed from the table for consideration. Aye: (5) . Nay: (0) . Motion adopted. Steve Snyder, Director of Parks and Recreation, explained that this is part of the public/private joint venture project. He said nine bids were received and staff recommended awarding the contract to Don Vancil Construction. Moved by Commissioner Divine, seconded by Commissioner Warner that the contract for Engineering Project 91-824 for the construction of a restroom/concession facility at the Premier Baseball Field located at the East Crawford Recreation area be awarded to Don Vancil Construction in the amount of $55,900. Aye: (5) . Nay: (0) . Motion adopted. OTHER BUSINESS Mayor Frank thanked all the citizens of Salina who voted for him and who supported him during his tenure as Mayor. He thanked the City Commissioners and city staff for all their hard work; and thanked his family for their patience and support during his term. ORGANIZATIONAL MEETING The Board of Commissioners convened for the purpose of organizing. Jacqueline Shiever, City Clerk, presiding. The City Clerk administered the oath of office to Peter F. Brungardt, John Divine and Joseph A. Warner, the newly elected Commissioners, and having the proper bonds on file, they took their places on the Board of Commissioners. There were present: Commissioner Carol E. Beggs Commissioner Peter F. Brungardt Commissioner John Divine Commissioner Stephen C. Ryan Commissioner Joseph A. Warner 91-160 91-161 91-162 comprising a quorum of the Board, also present: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Jacqueline Shiever, City Clerk Absent: None Moved by Commissioner Warner, seconded by Commissioner Beggs that Commissioner Ryan be elected Mayor and Chairman of the Board of Commissioners. There were no other nominations. The presiding officer declared the nominations closed and a vote taken. Aye: (5) . Nay: (0) . Commissioner Ryan was declared unanimously elected Mayor and Chariman of the Board of Commissioners. Moved by Commissioner Divine, seconded by Commissioner Ryan that Commissioner Beggs be nominated for Acting Mayor and Vice Chairman of the Board of Commissioners. There were no other nominations. The presiding officer declared the nominations closed and a vote taken. Aye: (5) . Nay: (0) . Motion adopted. Commissioner Beggs was declared unanimously elected Acting Mayor and Vice Chairman of the Board of Commissioners. Mayor Ryan presented a plaque and gavel to Robert E. Frank in appreciation of his term as Mayor from April 16, 1990 to April 15, 1991. Mayor Ryan thanked the citizens who take the responsibility to vote and said he is looking forward to carrying out goals set for Salina. ADJOURNMENT Moved by Commissioner Warner, seconded by that the Regular Meeting of the Board of Commissioners (5) . Nay: (0) . Motion adopted. The meeting adjourned *Stepeen"C. R n, Mayor (SEAL) ATTEST: Jacque4ine Shiever, City Clerk Commissioner Beggs be adjourned. Aye: at 6:44 p.m.