03-27-2000 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
March 27, 2000
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session to discuss the 2000 — 2004 Capital
Improvement Plan. 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 Monte Shadwick, Chairman presiding
Commissioner Alan E. Jilka
Commissioner Don Heath
Commissioner Larry L. Mathews
Commissioner Kristin M. Seaton
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Penny Day, Acting Deputy City Clerk
Barbara R. Weber, Acting City Clerk
CITIZEN FORUM
(3.1) Doug Moore, 2411 Ambassador Drive, spoke regarding Code Enforcement.
AWARDS - PROCLAMATIONS
(4.1) Resolution Number 00-5574 expressing gratitude and appreciation to Fire Division
Chief, Keith R. Teasley for his employment with the City of Salina from January 1, 1973 to April 4,
2000.
Moved by Commissioner Seaton, seconded by Commissioner Heath, to adopt Resolution
Number 00-5574. Aye: (5). Nay: (0). Motion carried.
(4.2) Resolution Number 00-5575 expressing gratitude and appreciation to Maintenance
Worker I, Ben L. Critchfield for his employment with the City of Salina from November 27, 1977 to
April 7, 2000.
Moved by Commissioner Seaton, seconded by Commissioner Jilka, to adopt Resolution
Number 00-5575. Aye: (5). Nay: (0). Motion carried.
Mayor Shadwick presented the plaque in item 4.2 to Ben L. Critchfield.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Consider proposed changes to the Declaration of Covenants dealing with the
maintenance of the detention pond serving the Golden Eagle Estates Addition.
Roy Dudark, Director of Planning and Community Development, explained the proposed
changes and the principles, which should be used to guide the development of the new maintenance
agreement. Those principles are:
1. A few selected lots should not be unfairly burdened with the full
responsibility of maintaining the commonly -owned detention pond.
Commission
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2. The boundary encompassing the area responsible for repair and
improvement of the pond should at a minimum include all of the lots,
which benefit from and drain into the pond.
3. The adjacent unincorporated agricultural land should not be included in
the assessment area and given voting rights until it is annexed and platted.
4. The number of votes per lot between the developer and homeowners
should remain fair and equitable.
The public hearing was opened.
Tim Howison, applicant, responded to Commissioner Mathew's inquiry.
There being no further comments, the hearing was closed.
Moved by Commissioner Seaton, seconded by Commissioner Jilka, to direct the developer
to prepare a revised set of covenants based upon the above principles and to obtain the required
signatures of 2/3 of the lot owners, and continue the hearing until April 24, 2000 at such time when
the new covenants will be formally considered for approval. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of March 20, 2000.
(6.2) Resolution Number 00-5580 authorizing a Landlord's Waiver Agreement with FINOVA
Capital Corporation relating to Excide Internal Revenue Bonds.
Moved by Commissioner Heath, seconded by Commissioner Jilka, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Resolution Number 00-5582 supporting the redevelopment of the Uptown Apartments,
a proposed low-income apartment complex to be built at 801 N. Santa Fe Avenue.
Roy Dudark, Director of Planning and Community Development, explained the proposed
complex.
Randall Holm, representing John Finger of House Buyers, Inc., spoke in support of the
complex.
Moved by Commissioner Heath, seconded by Commissioner Jilka, to adopt Resolution
Number 00-5582. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Resolution Number 00-5579 authorizing two license agreements with Twin Valley
Telephone Company for use of the public right-of-way for the installation of fiber optic
telecommunications cable.
Greg Bengtson, City Attorney, explained the proposed agreements.
Moved by Commissioner Seaton, seconded by Commissioner Jilka, to adopt Resolution
Number 00-5579. Aye: (5). Nay: (0). Motion carried.
(8.2) Resolution Number 00-5581 acknowledging COX Communications submission of FCC
Form 1240.
Dennis Kissinger, City Manager, explained the regulation of rates and the rates proposed
with COX Communications' intent not to raise Basic Service rates this year.
Moved by Commissioner Jilka, seconded by Commissioner Seaton, to adopt Resolution
Number 00-5581. Aye: (5). Nay: (0). Motion carried.
Commission
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(8.3) Report on validity and submittal of the engineering feasibility report for Petition No.
4195, filed by Jerrold E. Cossette, requesting certain utility improvements in the Replat of East Bank
Estates Addition.
(8.3a) Resolution Number 00-5583 determining the advisability and authorizing the
project for the Replat of East Bank Estates Improvements Project No. 00-1217.
Shawn O'Leary, Director of Engineering and General Services, reported on the validity
and the submittal of the engineering feasibility report for this petition. He stated that the petition
V signatures represent 100% of the owners of record of the area liable for the assessments and that the
petition is sufficient. He explained that the benefit district's portion of the project costs may be
initially financed 80% by the City, 20% by the developer and then repaid by the property owners over
a 15 year period with the special assessment system. He noted that the petitioner would also have the
option of submitting a letter of credit for 35% of the project costs and assessing 100% of the project
costs to the property owners.
00-2424 Moved by Commissioner Jilka, seconded by Commissioner Seaton, to approve the
engineering feasibility report for utility improvements in the Replat of East Bank Estates Addition,
adopt Resolution Number 00-5583 determining advisability and authorization for the project and
authorize staff to establish the bid date for the project. Aye: (5). Nay: (0). Motion carried.
(8.4) First reading Ordinance Number 00-9974 ordering the condemnation and acquisition of
interests in real estates for construction of the South Ohio Street Corridor Improvement Project No.
98-1138.
Greg Bengtson, City Attorney, explained that the proposed ordinance directs the filing
of the petition in the Saline County District Court which will initiate the administrative procedure
whereby a panel of three court appointed appraisers will determine just compensation in the event
agreement cannot be reached for the acquisition of the right-of-way, permanent easements, and
temporary construction easements necessary for construction of this project.
00-2425 Moved by Commissioner Jilka, seconded by Commissioner Heath, to approve Ordinance
Number 00-9974 for first reading. Aye: (5). Nay: (0). Motion carried.
(8.5) Request for Executive Session pertaining to Personnel.
00-2426 Moved by Commissioner Seaton, seconded by Commissioner Heath, that the City
Commission recess into executive session for twenty (20) minutes to discuss a matter pertaining to
non -elected city personnel for the reason that public discussion of the matter would violate the privacy
rights of the non -elected city personnel involved; and reconvene in this room at 5:16 p.m. Aye: (5).
Nay: (0). Motion carried.
The City Commission recessed into executive session at 4:54 p.m. and reconvened at
5:16 p.m. No action was taken.
OTHER BUSINESS
None.
ADJOURNMENT
00-2427 Moved by Commissioner Heath, seconded by Commissioner Seaton, that the Regular
Meeting of the Board of Commissioners be adjourned.Aonte
5). Nay: (0). Motion carried. The
meeting adjourned at 5:17 p.m.
oat4,Mayor
[SEAL]
AT
ara R. Weber, Acting City Clerk