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04-19-1999 Minutes OrganizationCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS April 19, 1999 4:00 p.m. The City Commission convened at 3:30 p.m. in a Study Session. 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 Peter F. Brungardt, Chairman presiding Commissioner Kristin M. Seaton Commissioner Monte Shadwick Commissioner Don Heath Commissioner Alan Jilka comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Judy D. Long, City Clerk None. CITIZEN FORUM David Olson, 2435 S. Kipp Rd., asked if he could speak later during the meeting regarding the drainage item. AWARDS - PROCLAMATIONS (4.1) The Week of April 18 - 24, 1999 as THE WEEK OF THE YOUNG CHILD in the city of Salina. No one was present to read the proclamation. (4.2) The Week of April 18 - 24, 1999 as NATIONAL VOLUNTEER WEEK in the city of Salina. The proclamation was read by Nancy Klostermeyer, Director of RSVP/Volunteer Connection. (4.3) The Week of April 24 - May 1, 1999 as CRIME VICTIMS' RIGHTS WEEK in the city of Salina. The proclamation was read by Julie McKenna, Saline County Attorney and Nancy Bonawitz, Victim Witness Assistance Coordinator. (4.4) Presentation of Achievement Award from the Kansas Department of Commerce and Housing. Commissioner Jilka explained the award which he received on behalf of the City last week. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on Petition Number 4180 requesting the vacation of street right-of-way on North Seventh Street between Pine Street and North Street. Mayor Brungardt opened the public hearing. Shawn O'Leary, Director of Engineering and General Services explained the request and noted that staff is recommending that this item be tabled until May 3, 1999. 99-1996 Moved by Commissioner Seaton, seconded by Commissioner Jilka, to table this item until May 3, 1999. Aye: (5). Nay: (0). Motion carried. (5.2) Public hearing regarding a property tax exemption for A -Plus Galvanizing. Commission Action # c11raai:a M11 99-1997 .. ••; 99-1999 (5.2a) First reading Ordinance Number 99-9923 authorizing the issuance of Industrial Revenue Bonds. Mayor Brungardt opened the public hearing. Greg Bengtson, City Attorney, gave the staff report regarding the exemption and explained that the amount of the bonds would be $8,100,000. There being no questions or further discussion, the public hearing closed. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve on First reading Ordinance Number 99-9923. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of April 12, 1999. (6.2) Resolution Number 99-5453 authorizing the Mayor to execute Supplemental Agreement No. 1 with the Kansas Department of Transportation for construction engineering services on the Walnut Street Bridge Project. Moved by Commissioner Seaton, seconded by Commissioner Jilka, to approve the consent agenda as presented Aye: (5). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Report on validity and submittal of engineering feasibility report for Petition Number 4181 requesting certain drainage improvements in Eastview Estates Addition. (8.1 a) Resolution Number 99-5454 determining the advisability of and authorizing the acquisition of certain property rights to be used for storm water detention improvements. Shawn O'Leary, Director of Engineering and Utilities, declared the petition to be valid and reviewed the feasibility report for the project. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to accept the feasibility report and approve Resolution Number 99-5454. David Olson, 2435 S. Kipp Rd., explained that he was not aware of the City's intent to run water across his property for this drainage until he read it in the paper. He noted that they are planning to develop their property and use the abandoned channel for drainage. He asked if there will still be room for their drainage. He also asked about the elevation of the sandpit and the amount of water that will be running across his property. Will an increase in the water table effect the basements that can be built on his property? He is in favor of the improvements in the drainage, but explained he is trying to protect his property rights. They Mayor encouraged him to continue to work with City's engineering and senior staff. Mr. Olson said he felt there was some infringement on his property rights and would be more if this action were approved today. Dennis Kissinger, City Manager, explained that the City has a legal right to run water through the old oxbow. The City has encouraged the Olson family to seek legal and engineering advice regarding this issue. It is not believed that this action would damage the Olson's future develop or property rights. The Olson family has been informed of this issue, with either Mr. Olson or his brother attending a study session regarding this issue. They have access to engineering records and studies. He recommended proceeding with the action today. Mr. Olson responded by saying they were not trying to put a burden on the taxpayers, but burdens should go to the developers. He stated that many of the problems were caused by improper drainage when developing areas over the last 40 years. There being no further discussion, the vote was taken. Aye: (5). Nay: (0). Motion carried. (8.2) Resolution Number 99-5455 authorizing the Mayor to execute an agreement for the Commission Action # 99-2000 99-20011 99-20021 purchase of permanent easement for the purpose of detention and temporary storage of storm drainage. Greg Bengtson, City Attorney, gave the staff report explaining that the executed contract has not been received from the property owners. A substitute resolution has been developed in case any of the terms of the agreement, other than price, would need to be amended. Moved by Commissioner Jilka, seconded by Commissioner Seaton, to approve Resolution Number 99-5455. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Comments from Mayor Brungardt at the end of his Mayoral term. Mayor Brungardt express his pleasure to serve as a City Commissioner and Mayor over the last 8 years. The people he has served with have had no other agenda than to do the right thing for the city of Salina. He detailed some of the improvements and changes which have taken place during his time on the Commission. He credited the citizens for their volunteer efforts, noting this makes Salina a special place to be. He thanked senior staff for their efforts and extended his thanks to the whole work force of the City of Salina. He thanked his office staff for being accommodating and making his schedule work. He thanked his wife, Rosie, for her being there with him during his term. He expressed that it has been a pleasure and has been educational, feeling that he has taken more than he has given. ORGANIZATIONAL MEETING The Board of Commissioners convened for the purpose of reorganizing, Judy D. Long, City Clerk, presiding. The presiding officer administered the Oaths of Office to the new City Commissoners, Seaton, Mathews and Heath, and called the Organizational Meeting to order. A roll call was taken. There were present: Commissioner Kristin M. Seaton Commissioner Monte Shadwick Commissioner Don Heath Commissioner Alan Jilka Commissioner Larry Mathews comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Judy D. Long, City Clerk None. Moved by Commissioner Jilka, seconded by Commissioner Heath, that Commissioner Shadwick be nominated for Mayor and Chairman of The Board of Commissioners. The vote was taken. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Seaton, seconded by Commissioner Heath, that Commissioner Jilka be nominated for Acting Mayor and Vice -Chairman of The Board of Commission Action # c_'do im smma 99-2003 Commissioners. The vote was taken. Aye: (5). Nay: (0). Motion carried. Judy D. Long, City Clerk, turned the gavel over to Mayor Shadwick. Mayor Shadwick presented a plaque of appreciation and gavel to Peter F. Brungardt for his term as Mayor from April 20, 1998 to April 19, 1999. Mayor Shadwick presented a plaque of appreciation to Peter F. Brungardt for his term as City Commissioner from April 15, 1991 to April 19, 1999. Mayor Shadwick gave his comments as the new Mayor, noting that he felt honored to now represent the citizens of Salina. He thanked the citizens for their trust and confidence and will do his best to be an ambassador and role model for the city. He thanked his employer for being flexible with his schedule to allow him to attend the meetings. He thanked city staff for making everything so easy to learn over the last two years, noting the City should be proud on their behalf. He thanked his family, including his mother and father, his brother and his wife and children who were at the meeting. Although there may be some unexpected events and situations that will arise, he feels that things will remain status quo, noting that he was happy with the Commission and how it has been working the last two years. He thought the Commission would still be open and willing to listen to concerns. Thinking toward the future, Mayor Shadwick listed some of the upcoming projects and urged participation in local not-for-profit groups. 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 4:49 p.m. Monte Shadwick, Mayor [SEAL] ATTEST: t00-4 Lg, CMC, ty Clerk