Loading...
09-10-2001 MinutesCommission Action # 01-30191 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS September 10, 2001 4:00 p.m. The City Commission convened at 3:30 p.m. in a Citizens' Open Forum. The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City -County Building. A roll call was taken followed by the Pledge of Allegiance and a moment of silence. There were present: Mayor Kristin M. Seaton, Chairman presiding Commissioner Larry L. Mathews Commissioner Deborah P. Divine Commissioner Alan E. Jilka Commissioner Monte D. Shadwick comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Lieu Ann Nicola, City Clerk None None None CITIZEN FORUM AWARDS - PROCLAMATIONS PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the minutes of August 27, 2001. Moved by Commissioner Shadwick, seconded by Commissioner Divine, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #ZO1-12, filed by Wallace and Barbara Smith, requesting a change in zoning district classification from PC -1 (Planned Restricted Business) to R-1 (Single -Family Residential) on property legally described as Lots 11 and 12 and the West 30 feet of Lots 1 and 2, Block 13 of the Mayfair Addition to the City of Salina, addressed as 2331 S. Ohio. (7.1a) First reading Ordinance Number 01-10053. Dean Andrew, Director of Planning and Community Development, explained the application and the Planning Commission's recommendation. 01-3020 Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve Ordinance No. 01-10053 on first reading requesting a change in zoning district classification from PC- O to R-1 on property addressed as 2331 S. Ohio. Aye: (5). Nay: (0). Motion carried. Commission Action # 01-3021 (7.2) Application #Z98 -8A, filed by Kaw Valley Engineering on behalf of Carlin Companies and Lowe's Homes Centers, Inc., requesting approval of an amendment to existing PC -3 (Planned Shopping Center) and PC -5 (Planned Service Commercial) Districts and an amendment of the approved site development plan for the Auburndale Shopping Center, legally described as Lots 1-7, Block 1 of the Auburndale Addition to the City of Salina, Saline County, Kansas. (7.2a) First reading Ordinance Number 01-10054. Dean Andrew, Director of Planning and Community Development, explained the application, the site development plan, and the Planning Commission's recommendation. at the entry. Commissioner Shadwick questioned whom wanted the signal lights at Riffel Road and Mr. Andrew explained the prior arrangements. Commissioner Shadwick questioned if it is anticipated to have a high amount of cross traffic to Riffel Road. Mr. Andrew explained why high cross traffic is not anticipated. Commissioner Shadwick questioned how far the gas line would need to be relocated. Mr. Andrew explained plans on relocating the gas line. Commissioner Divine questioned if the zoning for Lot 1 would revert back. Mr. Andrew clarified that it would. Commissioner Mathews questioned if this would need three motions. Mr. Andrew explained that all items are incorporated into the presented ordinance. Moved by Commissioner Mathews, seconded by Commissioner Divine, to approve Ordinance No. 01-10054 on first reading requesting approval of an amendment to existing PC -3 and PC -5 Districts and an amendment of the approved site development plan for the Auburndale Shopping Center. Aye: (5). Nay: (0). Motion carried. (7.3) Resolution No. 01-5759 requesting Saline County Commissioners approve the annexation of properties along the North Ohio Street Corridor to allow those properties to receive City water and sanitary sewer service. Dean Andrew, Director of Planning and Community Development, explained the request for annexation. Dennis Kissinger, City Manager, explained that City Staff is pleased with the property owner's response to the annexation and that there may be some additional changes in the future due to a later request from other owners in the area. Commissioner Shadwick questioned the process for property owners to be annexed later. Mr. Kissinger summarized the time schedule. Commissioner Shadwick questioned whether property owners would be forced to apply for annexation. Mr. Kissinger explained that it requires the property owner's consent. 01-3022 Moved by Commissioner Divine, seconded by Commissioner Mathews, to adopt Resolution No. 01-5759 requesting Saline County Commissioners approve the annexation of properties along the North Ohio Street Corridor to allow those properties to receive City water and sanitary sewer service.. Aye: (5). Nay: (0). Motion carried. Commission Action # ____ 01-30231 01-30241 01-3025 -- 01-3026 ADMINISTRATION (8.1) Second reading Charter Ordinance No. 32 providing substitute and additional provisions relating to general improvements and the issuance of bonds for the purpose of paying for improvements. Mayor Seaton explained that Charter Ordinance No. 32 was passed on first reading on August 27, 2001 and since that time no comments have been received. Moved by Commissioner Divine, seconded by Commissioner Mathews, to adopt Charter Ordinance No. 32 on second reading providing substitute and additional provisions relating to general improvements and the issuance of bonds for the purpose of paying for improvements. A roll call was taken. Aye: (5) Shadwick, Jilka, Divine, Mathews, Seaton. Nay: (0). Motion carried. (8.2) Resolution No. 01-5756 appointing members to various citizen boards. Mayor Seaton read the various appointments. Commissioner Jilka asked if the appointments for the Arts and Humanities Commission to be handled separately. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to handle the appointments for the Art and Humanities Commission separately. Aye: (3) Shadwick, Jilka, Mathews. Nay: (2) Seaton, Divine. Motion carried. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt Resolution No. 01-5756 appointing members to various boards excluding the Arts and Humanities Commission. Aye: (5). Nay: (0). Motion carried. Commissioner Jilka expressed his concerns regarding the Arts and Humanities Commission and recommended that Mark Lucas be appointed to the Commission in place of one of the individuals that were presented. Mayor Seaton explained the process of appointing an individual. Commissioner Mathews felt that the three candidates presented would be worth while appointments. He also was in support of appointing Mark Lucas, but was unsure how the Commission was to determine which candidate to pull off the proposed list. Commissioner Shadwick commented that he understood that the Mayor has the final authority of appointments and believed the current process is working. Dennis Kissinger, City Manager, explained that the slate of names is proposed by the Mayor, and if rejected another slate can be presented. Commissioner Divine noted that one Commissioner was a member of the Fox Theatre Board. Mr. Kissinger explained if the Mayor's recommendation was not approved that a different slate of individuals could be approved. Moved by Commissioner Divine, seconded by Commissioner Shadwick, to adopt Resolution No. 01-5756 appointing members to various boards including the Arts & Humanities Commission. Aye: (4) Divine, Mathews, Shadwick, Seaton. Nay: (1) Jilka. Motion carried. (8.3) Resolution No. 01-5757 authorizing an agreement with Bucher, Willis & Ratliff Corporation for design engineering services for water main improvements pertaining to the I-135 and Waterwell Road interchange, Project No. 00-1266. Commissioner Divine excused herself from the meeting due to conflict of interest. Commission Action #{ caysoi,exieo-sxoox 01-302 01-3028 01-3029 Don Hoff, Director of Utilities, explained the project and the agreement. Commissioner Mathews questioned how old the water line was. Mr. Hoff explained when the water line was placed. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt Resolution No. 01-5757 authorizing an agreement with Bucher, Willis & Ratliff Corporation for design engineering services for water main improvements pertaining to the I-135 and Waterwell Road interchange, Project No. 00-1266, in the amount not to exceed $35,437. Aye: (4). Nay: (0). Abstained (1). Motion carried. Commissioner Divine rejoined the meeting. (8.4) Resolution No. 01-5758 authorizing an agreement with Mowery Clinic, L.L.C. to allow construction of a building over an existing utility easement and authorize a variance of City Ordinance No. 91-9486. Don Hoff, Director of Utilities, explained the request from Mowery Clinic, L.L.C. and the agreement. Commissioner Jilka questioned if the City was comfortable using the 1997 cost figure. Mr. Hoff felt that it was an appropriate amount. Moved by Commissioner Divine, seconded by Commissioner Mathews, to adopt Resolution No. 01-5758 authorizing an agreement with Mowery Clinic, L.L.C. to allow construction of a building over an existing utility easement and authorize a variance of City Ordinance No. 91- 9486. Aye: (5). Nay: (0). Motion carried. (8.5) Allocation of funds from the 2001 Kansas Emergency Shelter Grant. allocations. Dean Andrew, Director of Planning and Community Development, explained the Mayor Seaton questioned if the agencies were notified of the revised allocations. Judy Brengman, Neighborhood Services Coordinator, explained that verbal contact had been made with agencies, except for the Salvation Army where contact had been made via e-mail. Moved by Commissioner Mathews, seconded by Commissioner Jilka, to accept the Kansas Emergency Shelter Grant and approve the allocation of funds as presented. Aye: (5). Nay: (0). Motion carried. (8.6) Public input session for the Fifth Street and Stimmel Road Sewer Improvements, Project No. 00-1265. Dennis Kissinger, City Manager, explained the project, the financing of the project, and the reasoning for the public input session. Commissioner Mathews questioned whether all property owners have a choice on being charged the special assessment. Mr. Kissinger explained that all properties included in the benefit district would be assessed. The property owners would have the choice of whether or not actually hooking up to the City sanitary sewer. proj ect. Mayor Seaton asked Mr. Kissinger to summarize the City's participation in financing the Mr. Kissinger explained the cost and cost breakdown of the project. Commission Action # ca�wime�easeme Commissioner Mathews asked if the property owners choose to stay with their septic system would they still be required to pay the special assessment. Mr. Kissinger explained under State law, they will be required to pay for the special assessment because they are in the benefit district. Mayor Seaton opened the input session. Steven Brown, 1920 N. 5", questioned how did the City found out about the failures of the current septic tanks and how the City's share of the cost is to be funded. Mr. Kissinger explained that comments have been received from various citizens and the health department. City public funds would be used in helping fund the project to help reduce the cost of the property owners' share. He also explained that the project would be presented to the Commission next week for a vote. Mr. Brown suggested that funds be used to pave Stimmel Road. He also commented that he had never had any problems with his septic tank, is not in favor of the project, and wanted to inform the Commission on the income levels of the homeowners that these assessments would be affecting. Commissioner Mathews questioned the cost of replacing septic tanks. Don Hoff, Utilities Director, informed the Commission that a citizen said the cost of replacing their septic tank would be roughly $9,000. Beverly Hicks, 1819 N. 5`h, commented that she has had numerous problems with the septic tanks and is in favor of the improvement. The cost to replace the septic tank would be more than the special assessments. Colleen Francisco, 1908 N. 5', commented that many times she had to hire someone to pump water out and that it becomes expensive, so she is in favor of the improvement. Darrell Franciso, owns a duplex in the area, commented that over 50 percent of the septic tanks cannot meet state code. Dedra Morgan, 1533 N. 5`h, explained that they have a fairly new septic tank, is not in favor of the project, and felt that there is currently a high tax rate. Clarys Marlin, 315 E. Stimmel Road, commented that she has not had any septic tank problems until last spring and is in favor of the installation of the sanitary sewer line. Jim Baughan, 1820 N. 5"', commented that this is something that he does not personally need, but is in favor of the project. Karl and Cindy Williams, owners of a rental located at 1615 & 1625 N. 5"', felt that they should have City privileges and are in favor of the improvement. per year. Merle Rowan, 1629 N. 5`h, commented that he was not in favor of the improvement. Commissioner Mathews questioned what would be the increase in the amount of taxes Mr. Kissinger estimated approximately $400. Ms. Morgan questioned where the sanitary sewer line would run. Mr. Hoff explained the plans. Mr. Kissinger commented on some of the benefits of the project. Ms. Morgan questioned if there would be any requirements for existing septic tanks that Commission Action # were not in use. Mr. Kissinger explained that there were not requirements as long as State codes were met. Mr. Hoff informed Ms. Morgan that typically unused septic tanks are filled with sand to eliminate contamination. Mayor Seaton closed the public input session. None OTHER BUSINESS ADJOURNMENT 01-3030 Moved by Commissioner Jilka, seconded by Commissioner Shadwick, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:17 p.m. tstin M. Se ton, Mayor [SEAL] ATTEST: 4aAt ` -t Lieu Arm Nicola, City Clerk