05-10-1999 MinutesCommission
Action #
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
May 10, 1999
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session for a staff update of the proposed
Family Aquatic Center Options followed by the Citizen's 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 Monte D. 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
Barbara R. Weber, Deputy City Clerk
Judy D. Long, City Clerk
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The Days of May 14 and 15, 1999 as BUDDY POPPY DAYS in the city of Salina.
The proclamation was read by Leon P. Kashkin, Post Adjutant -Quartermaster, Buddy Poppy
Chairman, VFW Post #1432.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on street, drainage and utility improvements.
(5.1a) First reading Ordinance Number 99-9926 levying special assessments on
property in the city of Salina.
Mayor Shadwick opened the public hearing.
Shawn O'Leary, Director of Engineering, explained the final breakdown of the
projects and the fifth project inclusion noting that the figures have been properly processed.
Randy Sterrett, 721 N. Seventh Street, owner of property within the State Street water
line benefit district, stated that he is being taxed with no benefit and that his adjoining property
owners feel the same. He noted that property owners on State Street definitely benefitted and he
felt it unfair to pay the same amount as those who do benefit. He explained his properties are not
within the required Two Hundred and Fifty feet of a fire main and that he was denied a building
permit on the lots being assessed. He asked for fair consideration on this matter and that the
figures be recalculated.
Dennis Kissinger, City Manager, explained the special assessment process stating that
the allocation of costs were decided one year to eighteen months ago, and that all property owners
in the benefit district were informed at that time. He clarified that the matter was beyond
discussion of who benefitted in the district.
Commission
Action #
ConsmiLaleA.Salina
99-201
99-201
Mr. O'Leary explained that this project was petitioned by the owner of 58% of the
property and that Mr. Sterrett purchased his properties after the discussion of who would benefit.
Mr. Kissinger then explained the benefit of a water main for future development of
smaller service lines, noting the project provides opportunities for development.
Mr. Sterrett again stated that paying the same amount as those who directly benefit
isn't fair and that it is a hardship on him as he does not have direct use the way the others do.
Mr. O'Leary noted that a title search prior to purchase would have revealed the
pending assessment.
Mr. Kissinger stated that Mr. Sterrett could have objected to the assessment at the
time of purchase.
Mr. Sterrett stated that there was nothing about the assessment in the title search, "it
did not come up", clarifying that he did not know about it.
Mr. O'Leary stated that the prior owner did not disclose this information to Mr.
Sterrett.
Mr. Kissinger invited Mr. Griffith, who had done the title search, to discuss the matter
with the City Attorney.
There being no questions or further discussion, the public hearing closed.
Moved by Commissioner Seaton, seconded by Commissioner Jilka, to approve
Ordinance Number 99-9926 for first reading. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of May 3, 1999.
(6.2) Resolution Number 99-5461 authorizing a supplemental agreement with the Kansas
Department of Transportation for the Magnolia Road/I-135 Interchange Project.
Moved by Commissioner Seaton, seconded by Commissioner Heath, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #P99 -2/2A, filed by Tim Lindfors, requesting approval of a combined
preliminary/final plat for a 1 lot plat of 4.02 acres on the east side of North Ohio Street, south of
the Flying J Travel Plaza to be known as Lindfors Addition.
Roy Dudark, Director of Planning and Community Development, explained items 7.1
through 7.3 noting that item 7.1 would return to the Commission with the second readings of the
following ordinances.
Dennis Kissinger, City Manager, explained island annexations and the levy and
floodway areas involved.
A discussion followed regarding the best interest of the City to develop the
interchange area.
(7.2) Application #A99-3, filed by Tim Lindfors, requesting annexation Lindfors Addition.
(7.2a) First reading Ordinance Number 99-9927.
Moved by Commissioner Heath, seconded by Commissioner Jilka, to approve
Ordinance Number 99-9927 for first reading. Aye: (5). Nay: (0). Motion carried.
Commission
Action #
99-2021
99-2023
(7.3) Application #Z99-5, filed by Tim Lindfors, requesting a change in Zoning district
classification from Saline County AG, Agricultural District, to C-7, Highway Commercial
District, in Lindfors Addition.
(7.3a) First reading Ordinance Number 99-9928.
Moved by Commissioner Seaton, seconded by Commissioner Mathews, to approve
Ordinance Number 99-9928 for first reading. Aye: (5). Nay: (0). Motion carried.
(7.4) Application #P99-3, filed by James Boston, requesting a change in zoning district
classification from R, Single Family Residential District, to I-2, Light Industrial District, on
property located at 1307 Van Horne.
(7.4a) First reading Ordinance Number 99-9929.
Roy Dudark, Director of Planning and Community Development, explained the
application.
Moved by Commissioner Jilka, seconded by Commissioner Heath, to approve
Ordinance Number 99-9929 for first reading. Aye: (5). Nay: (0). Motion carried.
(7.5) Application #P99 -3/3A, filed by Bob Huseman, requesting approval of a combined
preliminary/final plat for a 2.57 acre tract at the northeast corner of Ohio and North Streets to be
known as Casey's Addition
Roy Dudark, Director of Planning and Community Development, explained the
application.
Moved by Commissioner Seaton, seconded by Commissioner Jilka, to authorize the
Mayor to sign the plat and accept the offered easement and right-of-way dedication. Aye: (5).
Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance Number 99-9924 providing for the vacation of a street
right-of-way on North Seventh Street.
Mayor Shadwick reviewed the ordinance and asked for comment or question. There
being none he called for a motion.
Moved by Commissioner Seaton, seconded by Commissioner Jilka, to adopt
Ordinance Number 99-9924 on second reading. A roll call vote was taken. Aye: (5) Heath,
Mathews, Seaton, Jilka, Shadwick. Nay: (0). Motion carried.
(8.2) Second reading Ordinance Number 99-9925 authorizing the City Manager to execute
a contract for fire protection outside the city limits.
Mayor Shadwick reviewed the ordinance and asked for comment or question. There
being none he called for a motion.
Moved by Commissioner Heath, seconded by Commissioner Seaton, to adopt
Ordinance Number 99-9925 on second reading. A roll call vote was taken. Aye: (5), Mathews,
Seaton, Jilka, Heath, Shadwick. Nay: (0). Motion carried.
(8.3) Resolution Number 99-5462 authorizing and directing the issuance, sale, and delivery
of $2,000,000 principal amount of General Obligation Municipal Temporary Notes, Series 1999-2.
Rodney Franz, Director of Finance and Administration, explained the temporary
financing and the bids received today. The low bid was from UMB at an annual rate of
3.854010% with a net cost of $89,926.90.
Commission
Action #
celwoaeW U1
99-202',
99-202
99-2029
99-203
Moved by Commissioner Heath, seconded by Commissioner Jilka, to adopt
Resolution Number 99-5462. Aye: (5). Nay: (0). Motion carried.
(8.4) Resolution Number 99-5463 authorizing Supplemental Agreement No. 1 with
Kirkham Michael Consulting Engineers for the Belmont Boulevard/Magnolia Road Traffic Signal
Improvements, Project No. 98-1148.
Shawn O'Leary, Director of Engineering, explained the agreement, the project and the
complications involved. He noted that the work has exceeded the earlier agreement expectations.
He explained the expectations for the project and the need for cooperation and coordination.
Moved by Commissioner Jilka, seconded by Commissioner Heath, to adopt
Resolution Number 99-5463, in an amount not to exceed $9,090.00. Aye: (5). Nay: (0). Motion
carried.
(8.5) Resolution Number 99-5464 authorizing an agreement with Bucher, Willis and Ratliff
Corporation for the 1999 Street Maintenance Improvements, Project No. 99-1181.
Shawn O'Leary, Director of Engineering, explained the street maintenance program
and "White Topping". He explained the need for this agreement and its focus on the Ohio Street
and Crawford Avenue intersection and traffic system analysis.
Moved by Commissioner Jilka, seconded by Commissioner Heath, to adopt
Resolution Number 99-5464, in an amount not to exceed $17,147.83. Aye: (5). Nay: (0).
Motion carried.
(8.6) Request for executive session to discuss a legal matter.
Moved by Commissioner Mathews, seconded by Commissioner Seaton, that the City
Commission recess into executive session for the purpose of discussing a matter with the City
Attorney which is subject to the attorney-client privilege for the reason that public discussion
would waive the privilege and adversely impact the City's position in the matter; and reconvene in
this room un 10 minutes, or at 5:05 p.m. Aye: (5). Nay: (0). Motion carried.
The Board of Commissioners recessed at 4:55 p.m. and reconvened at 5:05 p.m. No
action was taken.
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Heath, seconded by Commissioner Mathews, that the
Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion
carried. The meeting adjourned at 5:05 p.m.
[SEA]L]
ATTEST:
7ua.Lon , CMC, )City41rk
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Alan E. Jilka, Vice Mayor