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08-28-2000 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 28, 2000 4:00 p.m. The City Commission convened at 3:30 p.m. in a Study Session for an Open Citizens' 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 Alan E. Jilka, Chairman presiding Commissioner Kristin M. Seaton Commissioner Don Heath Commissioner Larry L. Mathews Commissioner Monte Shadwick comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dermis M. Kissinger, City Manager Judy D. Long, City Clerk Barbara R. Weber, Deputy City Clerk None None CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The month of September 2000 as National Alcohol and Drug Addiction Recovery Month, in the City of Salina. The proclamation was read by Les Sperling, Executive Director of the Central Kansas Foundation. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the minutes of August 21, 2000. (6.2) Approve Change Order No. 3 for the South Ohio Street Corridor Improvements, Project No. 98-1138 in the amount of $26,678.21. (6.3) Award the contract for the Sanitary Sewer Manhole Reconstruction, Project No. 00-1249, to National Power Rodding Corp., in the amount of $92,790. (6.4) Authorize purchase of the Komline-Sanderson KS -9-2 sludge pump for the Wastewater Treatment Plant from Haynes Equipment Company, in the amount of $16,210. (6.5) Authorize purchase of the Finance Department high volume copier, a Canon NP6285 from IKON Office Solutions in the amount of $14,844. 00-2628 Moved by Commissioner Seaton, seconded by Commissioner Heath, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. Commission Action # DEVELOPMENT BUSINESS (7.1) Consider submittal of a 2000 Community Development Block Grant application under the Neighborhood Development category. (7.1a) Resolution Number 00-5637 authorizing the preparation and filing of a Community Development Block Grant for Fiscal Year 2000. (7.1b) Resolution Number 00-5638 residential anti -displacement and relocation assistance plan. Dean Andrew, Interim Director of Planning and Community Development, explained that the question is whether or not to submit applications for this neighborhood, and detailed the survey actions taken since the August 14, 2000 City Commission meeting. Judy Ewalt, Neighborhood Services Coordinator, responded to Commission inquiry and explained that there is support for the street, none are opposed and that some are still undecided. Dennis Kissinger, City Manager, explained the street issue further, stating that many unknowns remain. He assured the Commission that staff would be able to do a successful project. He responded to Commission inquiry stating that this is a comprehensive project and spoke regarding the flexibility of the project. Mayor Jilka invited those who did not speak at the August 14, 2000 meeting to address the Commission. John Miller, 1202 Prospect, asked if the paved street would have dirt driveways and spoke regarding the need to give land for the street. He doesn't want the grant and stated that there is nothing free about the project. Mr. Andrew responded to the concern of increased property tax questions stating that paving the streets will not automatically increase property taxes. Mr. Kissinger advised the Commission that the project would be brought back before them included in the Neighborhood Revitalization Program. He stated that there is no requirement for property owners to pave their driveways and that there will not be any specials at all for the street or water line. He also said that low to moderate -income residents wouldn't have sewer cost either. George Goracke, 1322 Prospect, owns property in the area and supports the project. Linda Sutor, 1302 E. Woodland, spoke regarding pavement and global warming. She indicated that the project will take out all the trees and stated that she canvassed the area right behind Ms. Ewalt. She asked how much land would be taken; clarifying her question to ask how many feet the City wants from each property owner. Shawn O'Leary, Director of Engineering and General Services, responded to Commission inquiry regarding the width of the road. He stated that ten more feet of right-of-way will be needed and that the street will be about the same size it is now. He also explained that the extra easement is usually for utilities. Stanley Smith, 1521 Ricky Circle, owns land on Prospect, explained his prior dedication of right-of-way in order to sell property. Tom Russell, 1502 W. Woodland, owns properties in the area. He said he had problems with the project because of the vagueness and that the neighborhood has had to make decisions with unknowns. He detailed the amount of land he may have to contribute; he estimated the value to him as $10,000 and stated that the project is not free to him. He explained his concerns and asked if everyone has to agree to do the project. Mr. Kissinger explained that if there is too much opposition it can cause the grant not to happen, clarifying that the project needs good solid support. Commission Action # �o�so�aa,ea.5a��a Mr. Russell asked if Topeka will know that there is some opposition to the project and noted that the size of the road has changed. Mr. Kissinger stated that staff is sensitive to trees, explained that no one has to give land to the project, and that if the land is condemned the City will have to pay for it which isn't in the budget and would blow the project. He spoke regarding design, clarified that this is an idea and a concept at this point with details to be provided before the project begins. Mr. Russell gave his support to the project and apologized for his misunderstanding. Ms. Ewalt stated that the State of Kansas is interested in the results of the survey. Mary Gibson, 1504 Prospect, said that she is willing to give up land and stated that in order to get you have to give. Michael Gedney, 2251 Shalimar, owns property on Woodland and spoke in support of the project. He stated that he "would really like to see this happen" and received around of applause from citizens present. proj ect. Jim Hill, 2150 Wesley, owns property at1410 Woodland and spoke in support of the Mark Ritter, 606 N. Ohio, spoke in support of the project. Allen Hill, 1121 Van Horn, told of his family property in area and stated that everything changes. He supports this improvement project. Mike Harsh, 1420 Prospect, rents in the area and spoke in support of the project. Wally Wes, owner of 1420 Prospect, said that he doesn't understand the lack of support for the project and strongly recommended Commission support. Mr. Smith stated that paving three dead-end streets isn't progress. Mr. Kissinger explained that there is an access road planned to link the streets. He also explained cul-de-sacs and that many people prefer less traffic. project. Mr. Smith stated that after hearing Mr. Kissinger's comments he now supports the Mr. Kissinger explained the special assessments for the sidewalk construction on Ohio. Mr. O'Leary explained the need for right-of-way for the street improvements to advance. Ms. Sutor stated that she doesn't want more businesses in the area. Mr. O'Leary reviewed the North Ohio Railroad Overpass project timetable and noted the competition with eleven other projects across the state. He anticipates it will be 2005 to 2007 before the project goes forward. In turn, each Commissioner spoke in support of the project. Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to adopt Resolution Number 00-5637 authorizing the preparation and filing of a Community Development Block Grant for Fiscal Year 2000. Aye: (5). Nay: (0). Motion carried. 00-263 0 Moved by Commissioner Seaton, seconded by Commissioner Heath, to adopt Resolution Number 00-5638 residential anti -displacement and relocation assistance plan. Aye: (5). Nay: (0). Motion carried. Commission Action # 00-2631 00-2632 00-2633 ADMINISTRATION (8.1) Second reading Ordinance Number 00-9997 vacating the platted restricted access and vacating a platted building set -back line along the east side of Lot 2, Block 1, Waters Subdivision. Moved by Commissioner Seaton, seconded by Commissioner Heath, to adopt Ordinance Number 00-9997 on second reading. A roll call vote was taken. Aye: (5), Mathews, Shadwick, Seaton, Heath, Jilka. Nay: (0). Motion carried. (8.2) Second reading Ordinance Number 00-9998 changing the official street name of Karla Court to Grant Court in River Trail Addition. Moved by Commissioner Heath, seconded by Commissioner Seaton, to adopt Ordinance Number 00-9998 on second reading. A roll call vote was taken. Aye: (5), Shadwick, Mathews, Heath, Seaton, Jilka. Nay: (0). Motion carried. (8.3) Resolution Number 00-5639 authorizing an engineering agreement with Bucher, Willis, and Ratliff for the Schilling/Centennial Road Project. Shawn O'Leary, Director of Engineering and General Services, explained the project, the selection of Bucher Willis and Ratliff, and the agreement with the amount not to exceed $64,423.41 without returning to the Commission for approval. He stated that construction is planned for 2003 and that there are no land acquisitions involved. Moved by Commissioner Mathews, seconded by Commissioner Seaton, to adopt Resolution Number 00-5639. Aye: (5). Nay: (0). Motion carried. (8.4) Appeal of Heritage Commission denial for Certificate of Appropriateness, Application CA 00-16 filed by J.B.R. Investments, to demolish the vacant residence at 120 West Prescott Ave. Dean Andrew, Interim Director of Planning and Community Development, summarized the item for the Commission stating that the property is a contributing home to the Historic District. He listed the factors involved and three options for the property owner. He informed the Commission that the property is zoned residential and that the Salina Regional Health Center does not include this property for future development. He explained the applicant's attempt to sell the property noting that the 2000 Saline County assessed value of the property is $66,200.00. The property was placed on the market for $94,500 in "as is" condition for 60 days and did not sell. Dennis Kissinger, City Manager, noted that the Study Session planned for 5:00 p.m. today will be postponed. Commissioner Shadwick commented regarding the historic district and property owner rights. Mr. Andrew responded to Commission inquiry and explained how an historic district is formed. Bob Frank, 901 Millwood, applicant, distributed a letter, material on an indoor air quality study, and a structural letter to each of the Commissioners. He then introduced Dr. Opitz. Weston Opitz, professor at Kansas Wesleyan University, noted that this is a science issue of correct biological information. He gave a brief history of his qualifications and stated that he considers the property a potential hazard. He supported destruction of the structure based on the mold. Mr. Frank noted that Robert Peters, a member of the Heritage Commission who lives at 115 Prescott, should have abstained from the Heritage Commission vote. He stated that the structure report to replace the basement is estimated to do it right. He clarified that he won't put anymore money in the home and it will come back to the Commission for condemnation. In closing, he asked for the Commission's support. Art Neuburger, Biology Department at Kansas Wesleyan University, stated that he disagrees with Dr. Opitz. He stated that the expert in this case is the Center for Disease Control. He Commission Action # ,11 spoke regarding health risks and informed the Commission that any mold should be cleaned up with a diluted bleach solution or by getting moisture away from the mold. Dave Cramer, Kansas Wesleyan University, spoke regarding internet information as "published articles". Dr. Opitz, responded to Dr. Neuburger's statements saying that he has seen the extent of the mold. Robert Peters, Heritage Commission member, responded to the applicant's earlier comments stating that his need to abstain wasn't necessary according to City staff. He informed those in attendance that "neighbors -at -large" are called for on the board. He stated that mold can be cleaned up and that, according to Kansas guidelines, mold is not a significant danger. He explained that the certifications given by Mr. Frank are not for schooling and that certifications are not issued for mold. He supports the Heritage Commission's position and noted that even if he had abstained it wouldn't have changed the outcome of the 6-0 vote to deny by the Heritage Commission. Mayor Jilka announced that the City Commission would recess for five minutes. The City Commission recessed at 6:00 p.m. and reconvened at 6:05 p.m. All Commissioners present. Karen Probert, 115 W. Prescott, requested support for the Heritage Commission decision and gave justifying reasons. Jim Foley, 211 W. Prescott, stated he is interested in owning that house and spoke regarding pride of home owners in the Historic District. Bill Mankin, member of the Heritage Commission, stated that the message from the Heritage Commission is very clear with the 6-0 vote to deny. He noted that this one of three lots situated to buffer the Prescott -Foley House from the Salina Regional Health Center. He asked for Commission support of the Heritage Commission and the Historic District. demolition. Mr. Kissinger spoke regarding housing rehabilitation and dangerous structure Mayor Jilka asked Mr. Frank to clarify his vision of this area. Mr. Frank responded that he would demolish the house, level the lot and leave the trees. He stated this is a moral issue to him and doesn't want to sell to someone who would get sick. As to selling lot to the Salina Regional Health Center, he noted that would require a zoning change. As a point of note, Mr. Kissinger informed the Commission that executives of the Salina Regional Health Center stated that they have no intent or deal to purchase the lot from Mr. Frank. John Burger, staff liaison to the Heritage Commission, stated that the Heritage Commission was formed in 1979 and gave its history. Commissioner Mathews shared his concerns regarding the buffer to the Historic District and that the hospital expansion was approved because the house will be a buffer. He stated that a vacant lot and a deteriorating building are equally bad, and referred to the offers to buy the house. Moved by Commissioner Mathews, seconded by Commissioner Seaton, to uphold the Heritage Commission decision and deny the appeal. In turn, each Commissioner spoke in favor of supporting the Heritage Commission decision. Mayor Jilka called for a vote to the motion on the floor. Aye: (5). Nay: (0). Motion carried. (8.5) Resolution Number 00-5641 appointing members to various citizen boards and commissions. Commission Action # coosm�aaieasaa�a 00-2635 00-263 00-263 — 00-26381 00-263 Mayor Jilka read the appointments to the various boards. Moved by Commissioner Heath, seconded by Commissioner Seaton, to adopt Resolution Number 00-5641. Aye: (5). Nay: (0). Motion carried. (8.6) Withdrawal of request to vacate a portion of a drainage and utility easement located on Lot 9, Block 2, Woodland Hills Estates Addition, and rejecting Ordinance Number 00-9996 on second reading. Don Hoff, Director of Utilities, explained the history of this item and the inability of the applicant to meet the condition contained therein. Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to reject Ordinance Number 00-9996 on second reading. A roll call vote was taken. Aye: (5), Mathews, Heath, Shadwick, Seaton, Jilka. Nay: (0). Motion carried. (8.7) Building and Facilities project authorization for the redesign of customer service, office and work areas in the Development Services area of building, e.g. Planning, Engineering, Building Services. Mike Morgan, Deputy City Manager, explained the project. Moved by Commissioner Seaton, seconded by Commissioner Heath, to approve the remodel and authorize staff to award contracts as required. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Dennis Kissinger, City Manager, referred to an earlier utility rate issue meeting held earlier today regarding electric rate disparity between territories. He asked the Commission for a directive to draft a general support letter with the Mayor this week. Moved by Commissioner Seaton, seconded by Commissioner Heath, to direct the City Manager to draft a general letter of support. Aye: (5). Nay: (0). Motion carried. ADJOURNMENT Moved by Commissioner Seaton, seconded by Commissioner Heath, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:45 p.m. [SEAL] ATTEST: 4 - Lo , CMC, City lerk 0��.A Alan E. Jilka, Mayor