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08-14-2000 MinutesCommission Action # conuueaiee-sauna CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 14, 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: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Judy D. Long, City Clerk Absent: None None. None. CITIZEN FORUM AWARDS - PROCLAMATIONS PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing to consider submittal of a 2000 Community Development Block Grant application under the Neighborhood Development category. The public hearing was opened. Dean Andrew, Interim Director of Planning and Community Development, explained the program, the work done to this point, property owner assessments, and the meetings that have been held. He also explained related projects that are components of the proposed program and responded to Commission inquiry regarding sewer and sidewalk installations. Dennis Kissinger, City Manager, explained the special assessment funding of the sewer line installation. Shawn O'Leary, Director of Engineering and General Services, responded to Commission inquiry stating that this area is served by septic tanks at this time. Mr. Kissinger explained further, noting that staff does not know the extent of sewer problems in the area and that the project can be done without the sanitary sewer installation. Mr. Andrew explained the buy -down of some of the cost of the sewers for low-income homeowners, if that method is used. A discussion followed regarding the sewer system, special assessments, the current stage of the project, and the sidewalk improvement on North Ohio. Mr. Kissinger further explained the Neighborhood Revitalization Program. Bob Clark, 1165 E. Woodland, spoke regarding land use for the street and asked why the street couldn't be blacktop. He noted that there is no flooding or need for the curb and gutter. Commission Action # Mr. Kissinger responded that the street wouldn't last as long and explained why it would be a waste of money if not done as proposed. Linda Sutor, 1302 E. Woodland, asked how much land would be taken from each property owner. Mr. O'Leary explained the need for the right-of-way dedication. He stated that sixty (60) feet is needed for the street right-of-way, with thirty (30) feet needed from each side of the property line being desired. He then explained how that footage may vary in order to line up the street. Ms. Sutor stated that she is totally against this improvement saying that the street was a dirt road when everyone moved in. She suggested that the money be spent elsewhere and gave Stimmel Road as an example. She noted that there is a sign that needs to be moved pertaining to the residential area. She was applauded by citizens present when she told the Commission to "leave us alone." Mr. Kissinger responded that after a certain point there is no right-of-way for Prospect Street and that even though the City has provided maintenance for this private road it is not currently a City street. Cindy Kelley, 1222 Prospect Street, stated that the maintenance has not been done well and that oil works well in keeping down the dirt. She also asked why the meeting was being held now when the affected property owners are at work. Tom Russell, 1502 E. Woodland, stated that he likes the country look. He asked how many people really need the sewer and said that he doesn't want the sanitary sewer if trees have to be cut. He stressed that he wants to retain his trees and that he doesn't want the road if it means loss of trees. Debbie Kzacik, 1310 Prospect, spoke strongly against the proposed improvements stating that she has been buying her home for the past six (6) years. She said that she doesn't want the road improvement and spoke regarding her business neighbors. She clarified that there is a country charm in this subdivision, that she puts up with problems to stay there, and that she doesn't want the changes. Stanley Smith, 1521 Ricky Circle, a business owner in the area, spoke in support of the improvements and stated that he has donated land for the street. He said that he has replaced septic tanks in the area and that fifteen (15) years ago the sewer and water system improvements were not wanted. He also added that additional septic systems can't be put in this area as three (3) acres are now required for installation. Ms. Sutor spoke again stating that she enjoys the wildlife in the area and that the improvements are not what three-quarters of those in the area want. She asked the Commission to speak with the other property owners. Mr. Kissinger stated that two (2) evening meetings have been held with property owners and the majority seemed to support the improvements. Wally Weis, New Cambria, property owner, concurred with Mr. Kissinger. He stated that this is not a public street and that if fifteen (15) feet are taken it will benefit everyone. In closing, he stated that he enjoyed living there except for the dirt and dust. Ms. Kzacik explained that she agrees with Ms. Sutor, that she is not against the paving but that the dirt and dust are part of country living. She explained how businesses speed through the area. She also stated that she knows it (the improvement) is for the better but thought it was a grant with no cost to homeowners. Mr. Russell stated that he cannot stop well on the sand road and that Ms. Sutor has animals running loose in the area. Commission Action # Ethel Clark, 1165 E. Woodland, asked that the speed limit be lowered to 20 m.p.h. and was told at an earlier meeting that that was possible. She also said there is a legitimate gripe regarding the speed limit. Virginia Hill, 1121 Van Horn, already has the water and sanitary sewer improvements and supports the road paving. Mr. Clark asked if they would be assessed for the (sanitary sewer) improvement if they didn't hook onto to it. Mr. Kissinger responded "possibly". He then explained that with low to moderate income residences, some will not pay anything. He then summarized his support for these improvements, reviewed the project and explained the funding for the street and utility improvements. He also clarified that the Prospect Street speed limit is not enforceable, as it is a private drive not a public street. Mayor Jilka then closed the public hearing. Mr. Kissinger and Mr. Andrew responded to Commission inquiry stating that the deadline for this project application is September 1, 2000 and that staff needs to spend more time reviewing the matter. Judy Ewalt, Neighborhood Services Coordinator, gave her impression of support for the project as requested by Mr. Andrew. She said the negatives echoed those given today, that there is general support for the paving and a concern for retaining the trees. Mr. Kissinger stated that he does not anticipate purchasing land and expects it to be donated in return for the improvements. Mr. Andrew informed the Commission that at the May 18, 2000 meeting the response was positive and that staff moved forward. He clarified that this is a conceptual project at this time. He also stated that if the project isn't given to this area the application will be withdrawn and the process will begin again later with a new area and a new application. Mr. Kissinger responded to the Commission inquiry that the City could back out of the grant at any time but that he doesn't want that to happen. He then spoke of the time and money spent and the assessment options. Moved by Commissioner Seaton, seconded by Commissioner Heath, to direct staff to prepare an application for City Commission consideration on August 28' and further direct staff to work with residents of this area and provide the Commission with good feed back regarding their willingness to participate in the project and then modify, if necessary, the scope of the anticipated proj ect. Commissioner Heath commented for the record, that he seconded this motion to move things along and with the expectation that staff will have as complete a canvass of the neighborhood in question before the Commission votes on this matter again. Mr. Kissinger confirmed that staff would. Mayor Jilka called for vote to the motion on the floor. Aye: (5). Nay: (0). Motion carried. (5.2) Public hearing and Commission action pertaining to the adoption and related implementation matters for the 2001 City of Salina Budget. (5.2a) Second reading Ordinance Number 00-9992 attesting to the possible increase in taxes levied for budget year 2001 necessary to finance public services for the City of Salina. (5.2b) Resolution Number 00-5633 adopting the 2001 Budget. (5.2c) Resolution Number 00-5634 providing for the appropriation, by fund, of the budget of the City of Salina for the year beginning January 1, 2001. Commission Action # �o�soaa�,�a 00-2603 11 i 00-260 00-2 (5.2d) Resolution Number 00-5625 authorizing an increase of 3%, effective January 1, 2001, in each grade and step of the City's Position Classification and Salary Schedule. (5.2e) Resolution Number 00-5626 amending the City Personnel Manual relating to the longevity pay program. (5.2f) Resolution Number 00-5627 amending the City Personnel Manual relating to vacation accrual. (5.2g) Resolution Number 00-5635 establishing various fees for services in the City of Salina. The public hearing was opened. Dennis Kissinger, City Manager, reviewed the items. There being no further comments, the hearing was closed. Moved by Commissioner Seaton, seconded by Commissioner Shadwick, to adopt Ordinance Number 00-9992 on second reading. A roll call vote was taken. Aye: (5), Heath, Mathews, Seaton, Shadwick, Jilka. Nay: (0). Motion carried. Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to adopt Resolution Number 00-5633 adopting the 2001 Budget at a tax levy of 24.60. Commissioner Mathews expressed his concern that on of the stated goals is a reduced reliance on the property tax and yet every year we budget for increased reliance in the property tax on existing properties. He stated that we need to work harder at addressing that contradiction. Commissioner Heath stated that he favors the lower mill levy option given at the July 24, 2000 meeting that he thought was 24.5055. The Mayor called for a vote to the motion on the floor. Aye: (3) Seaton, Shadwick, Jilka. Nay: (2) Heath, Mathews. Motion carried. Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to adopt Resolution Number 00-5634 providing for the appropriation, by fund, of the budget of the City of Salina for the year beginning January 1, 2001. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Seaton, seconded by Commissioner Heath, to adopt Resolution Number 00-5625 authorizing an increase of 3%, effective January 1, 2001, in each grade and step of the City's Position Classification and Salary Schedule. Aye: (5). Nay: (0). Motion carried. The Mayor asked Mike Morgan, Deputy City Manager, how often the pay scale and classification system is re-evaluated. He stated that has been 8 '/2 to 9 years since the City has gone through a complete formal evaluation of the pay plan. He stated that this has been the schedule for the last 25 to 30 years. The one distinction has been that in the last 8 to 9 years we have made significant adjustments on an ongoing basis as needed rather than wait for a formal pay plan to be adopted some 10 years later. Staff believes it is up-to-date and accurate. Moved by Commissioner Heath, seconded by Commissioner Seaton, to adopt Resolution Number 00-5626 amending the City Personnel Manual relating to the longevity pay program. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Seaton, seconded by Commissioner Heath, to adopt Resolution Number 00-5627 amending the City Personnel Manual relating to vacation accrual. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to adopt Resolution Number 00-5635 establishing various fees for services in the City of Salina. Aye: (5). Nay: (0). Motion carried. Commission Action #E 00-261 00-2611 00-2612 00-26131 00-26141 (5.3) Public hearing on Resolution Number 00-5636 adopting the amended 2000 and 2001 Capital Improvement Program. The public hearing was opened. Dennis Kissinger, City Manager, explained the item. There being no further comments, the hearing was closed. Moved by Commissioner Seaton, seconded by Commissioner Heath, to adopt Resolution Number 00-5636. Aye: (5). Nay: (0). Motion carried. (5.4) Public hearing on Resolution Number 00-5622 consenting to the levy of 2.245 mills on each dollar of assessed tangible valuation of the property within the City of Salina for the year 2000 for use by the Salina Airport Authority in 2001 for the purpose of making capital improvements and General Obligation debt service at the Salina Municipal Airport and Salina Airport Industrial Center. The Mayor opened the public hearing. Dennis Kissinger, City Manager, explained the annual resolution and the Airport Authority's independent authority. He noted this is a slight reduction from last year's mill levy. There being no further comments, the hearing was closed. Moved by Commissioner Mathews, seconded by Commissioner Seaton, to adopt Resolution Number 00-5622. Aye: (5). Nay: (0). Motion carried. (5.5) Public hearing and report on Petition 4209 requesting the vacation of a portion of a drainage and utility easement located on Lot 9, Block 2, Woodland Hills Estates Addition. (5.5a) First reading Ordinance Number 00-9996. The Mayor opened the public hearing. Shawn O'Leary, Director of Engineering and General Services, explained the request for a reduced setback as promised by Mr. Dent to the purchaser of Lot 9, Block 2. He also stated that the easement was primarily for a drainage easement. Darvin Dent, rural Brookville and applicant, explained his request and stated that he won't be able to get the additional 2.5 feet required by the ordinance from Lot 8 and asked for a reduction in the 20 foot easement requirement. Mr. O'Leary explained the need for the 20 foot easement. There being no further comments, the hearing was closed. Moved by Commissioner Shadwick, to approve Ordinance Number 00-9996 for first reading deleting Section 3, Paragraph a, allowing the easement to remain at 17.5 feet. Motion died for lack of a second. Moved by Commissioner Seaton, seconded by Commissioner Mathews, to approve Ordinance Number 00-9996 as submitted, for first reading. Aye: (4). Nay: (1) Shadwick. Motion carried. CONSENT AGENDA (6.1) Approve the minutes of August 7, 2000. Moved by Commissioner Seaton, seconded by Commissioner Heath, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS Commission Action # 00-2615 00-2616 00-2617 00-2618 00-2619 00-26201 ADMINISTRATION (8.1) Second reading Ordinance Number 00-9993 changing the zoning district classifigattieg from R-1 (Single -Family Residential District) to C-5 (Service Commercial District) on 603 S Avenue, in Plat 2 of Lamer's 15` Subdivision. Moved by Commissioner Heath, seconded by Commissioner Seaton, to adopt Ordinance Number 00-9993 on second reading. A roll call vote was taken. Aye: (5), Mathews, Shadwick, Heath, Seaton, Jilka. Nay: (0). Motion carried. (8.2) Second reading Ordinance Number 00-9994 changing the zoning district classification from C-3 (Shopping Center District) to C-5 (Service Commercial District) on 405 S. Clark Street, Lot 16, Block 2 of the Holiday Addition. Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to adopt Ordinance Number 00-9994 on second reading. A roll call vote was taken. Aye: (5), Heath, Mathews, Shadwick, Seaton, Jilka. Nay: (0). Motion carried. (8.3) Second reading Ordinance Number 00-9995 changing the zoning district classification from R-2 (Multi -Family Residential District) to I-2 (Light Industrial District) on 500 N. 13`h Street, Lots 17, 19, 21 and 23, Block 1 of Wellington's Addition. Moved by Commissioner Mathews, seconded by Commissioner Seaton, to adopt Ordinance Number 00-9995 on second reading. A roll call vote was taken. Aye: (5), Shadwick, Heath, Mathews, Seaton, Jilka. Nay: (0). Motion carried. (8.4) Resolution Number 00-5640 expressing support for the development of Willow Grove Apartments, a planned independent living elderly housing project to be located on East Kirwin Avenue. Dean Andrew, Interim Director of Planning and Community Development, explained the history of this development and responded to Commission inquiry regarding the number of parking spaces. Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to adopt Resolution Number 00-5640. Aye: (5). Nay: (0). Motion carried. (8.5) Request for executive session regarding a legal matter. Moved by Commissioner Shadwick, seconded by Commissioner Seaton, that the City Commission recess into executive session for ten (10) minutes to discuss with the City Attorney a matter subject to the attorney-client privilege for the reason that public discussion of the matter would waive that privilege and adversely affect the City's interests in the matter; and reconvene in this room at 5:54 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:44 p.m. and reconvened at 5:56 p.m. No action was taken. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Shadwick, 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 5:56 p.m. [SEA]L] IAlan E. _Jilka, j yor il ATTEST: Jud"L g, CMC, Ci Clerk