06-03-1996 MinutesY y�
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JUNE 3, 1996
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, June 3, 1996, at 4:00 p.m.
There were present:
Vice Mayor Kristin M. Seaton, Chairman presiding
Commissioner R. Abner Perney
Commissioner John Divine
Commissioner Peter F. Brungardt
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Judy D. Long, City Clerk
Mayor Evelyn Maxwell
CITIZEN FORUM
Vice Mayor Seaton asked for the staff response to the storm of this
past weekend.
Dennis Kissinger, City Manager, explained that next week there will
be a full staff analysis of the past weekend's storm events and detailed what
would be included in the "Post Incidence Analysis." He described the high
level local emergency that overwhelmed the capabilities of any storm water
system. The flood levy created to protect the city from outside floods also
holds in heavy rains. He continued that all department resources were
exhausted and all systems were working correctly. The problems were related
to volume and capacity. In closing he explained what actions were taken
around the city to reduce water levels as quickly as possible.
Anita Seacat, 2344 Aurora, spoke regarding the loss to citizens.
She advised the Commission that the help referred to was received after the
water was gone on Sunday. She said that they still had spectators driving
through the area which is a problem as every time it rains the street floods.
She said that 4 houses in the area had basements that were ruined. She also
informed the Commission that she was informed by a member of city staff that
the city could not pick up debris because the landfill was closed. She asked
what could be done and requested restitution for the damage done this
weekend.
Mr. Kissinger responded that there was no answer and there is
nothing that can be done to prevent what happened in that area over this past
weekend.
Commissioner Divine suggested some staff options including stricter
ordinances to penalize those who cross barricades.
Don Hoff, Director of Engineering and Utilities, explained options for
the homeowner and where the pumping was taking place last Saturday morning.
Mr. Kissinger reiterated that after the analysis has been done staff
can provide options in a neighborhood meeting. He acknowledged this is a very
trying time for all parties.
Monica Goble, 2348 Aurora, concurred that this is a problem area
every time it rains. She spoke with the City Engineer 3 years ago and was
told it was not a priority of the City. She asked for immediate action.
Jennifer Main, 2332, Aurora, spoke regarding the devastation of this
storm. She tearfully informed the Commission that she has lost her job as she
had a home-based Child Care Center in her basement which is no longer
habitable. She stated she has lost her furnace, does not have $10,000 to
repair the damage and is expecting to deliver her baby in twelve weeks. She
KUM1n ox
continued that her insurance company is calling it surface water damage and
will not assist unless it is declared a federal disaster. In closing she stated
her home is not habitable and asked the Commission what she was supposed to
do.
Mr. Kissinger referred her to the Red Cross and suggested she
contact the City's Planning and Development Department who may be able to
assist in low income situations.
Mrs. Main informed the Commission that they are not low-income and
asked why federal disaster status couldn't be attained now when it was available
3 years ago for 3 inches of water in basements.
Randy Tolbert, 2648 Robin
Road, father
of Jennifer Main,
clarified
that the insurance company will not
pay unless
it is declared a federal
emergency. In response to Mr.
Hoff's comment regarding the
need for
basement windows, he explained that
the window in
this basement was
required
for the Child Care Center. He also
informed the Commission that in
the case
of a tornado with these rains all
persons who
would have gone
to that
basement for shelter would have been
killed.
Brad Seacat, 2344 Aurora, informed the Commission that his water
line was 6 inches above his foundation. He stated that staff says a disaster
has to exceed the city's abilities and resources and at the same time staff says
that the water received did exceed the city's abilities and resources; he feels it
should be declared a disaster. He also wanted the record to reflect that
Dillon's semi trucks were among those driving through this area.
Randall Holm stated he was out that night, and noted that water had
changed its course and was running east at Ninth and Magnolia rather than
west. He asked if the Magnolia Interchange construction was causing the
change in flow of drainage to compound the problems in these areas.
Mr. Kissinger explained why the construction was not impacting the
drainage problem and that this was due to the nature of the storm.
Lanny Manion, 917 East Magnolia, stated that she lives at the corner
of Aurora and Magnolia. Instead of water damage she had sewer damage and
lost her basement. Regarding assistance she stated that the Red Cross did
not respond until after her third call to them after which they set up a center
in her home but left no clean up kits. She informed the Commission that no
one else on her block had phones or lights. She agrees that a neighborhood
meeting should be set up and suggested South High School.
Steve McGee, 101 North Chicago, informed the Commission that he
knew the water was corning and plugged up his drains to avoid damage but a
Four -Wheel Drive vehicle passed through the barricades and pushed the water,
then inches away from his door, to come into his home. He asked for better
traffic control.
Helen Kearn, 2355 Aurora, stated that she didn't have water damage
as she too had shut off her drains. She stated that she was upset by a
comment she heard that land left for drainage is sold for development by the
city when a developer comes along with enough money. The comment that
"everyone should know" where the flood prone areas are distressed her. She
asked where citizens can go to find out about these areas and spoke regarding
the unreliability of realtors. She said this area should never have been allowed
to be developed. She suggested that contractors, and developers should not be
such good friends with the City Staff. She advised the Commission that
Coronado Elementary School no longer floods because a a culvert was built to
drain the area but feels that could have overloaded the drainage in place for
other areas.
Roy Dudark, Director of Planning and Community Development,
spoke regarding development standards indicating that flood protection
regulations have only been in place the past ten years and did not take effect
until 1986. He said some of the older homes do not meet current standards.
He explained the current standards and stated that this is a regional problem.
Mr. Hoff clarified that new developments cannot adversely impact
existing areas and that current subdivision regulations require detention ponds.
He queiried Ms. Kearn and advised her the property she referred to has never
been owned by the city.
Commission
—Co Pines_ Saln, K-
-f 4 —_
96-577
96-578
Mr. Kissinger stated that staff has never been accused of being
friends with developers, rather staff was considered strict. He continued that
when staff asks for more stringent regulations no citizens come forward in
support and that the Commission hears only from the developers who are
against further government involvement saying that additional regulations will
make the homes more expensive.
Commissioner Divine spoke regarding the retrofitting of homes.
Vice Mayor Seaton closed the Citizen's Forum.
The gathered citizen's indicated they felt they were not being heard
and asked for the Neighborhood Meeting be held June 15th at 7:00 p.m. at the
South High School so that they could know when the meeting would take place.
Mr. Kissinger stated that he will advise the individuals of the time
and place of the meeting and conceded only that it will be during the month of
June.
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing and report on Petition Number 4116 requesting vacation
of the existing drainage easements located on Lots 3 through 6, Block 1,
Interstate District Number 2.
(5.1a) First Reading Ordinance Number 96-9742.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the Blue Beacon/Petro 11 petition and accompanying resolution. He
clarified that the City is giving up its current easement in this area and
receiving another, from the developer, in its place to the City's benefit.
Vice Mayor Seaton called the public hearing to order. No comments
were received. The hearing was closed.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to adopt Resolution Number 96-9742. Aye: (4) . Nay: (0) .
Motion carried.
(5.2) Public hearing and consideration of a Solid Waste Management Plan
for Saline County.
(5.2a) Resolution Number 96-5015.
Dennis Kissinger, City Manager. explained the plan and introduced
Vern Silvers.
Vern Silvers, Chair of the Solid Waste Management Committee,
explained the proposal and accomplishments of the committee.
Vice Mayor Seaton called the public hearing to order. No comments
were received. The hearing was closed.
Mr. Kissinger clarified that this is a "living plan" available for review
and that the committee is to become a standing committee.
Moved by Commissioner Brungardt, seconded by Commissioner Perney,
to adopt Resolution Number 96-5015. Aye: (4). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of the regular meeting of May 20, 1996.
(6.2) Consideration of an agreement between the City of Salina and Salina
Engine Supply, Inc. for water service.
(6.3) Approval of the Southwest Area Water Distribution System
Improvements, Phase II, Project Number 96-965, and authorization for staff to
establish a bid date.
Commission
---
96-579
96-580
(6.4) Accept quotations from Design Central and IKON Office Solutions for
furniture to equip the remodeled city offices; Project Number 96-963.
(6.5) Request to authorize a funding increase from $10,000 to $15,000 for
the mulching mower rebate program.
Vice Mayor Seaton stated that the increase in item 6.5 supports Vern
Silvers statement that the mulching mower program is working.
Don Hoff, Director of Engineering and Utilities responded to
Commissioner Divine's concerns on item 6.3 regarding the difference between
plastic and ductile pipe indicating that bids will be received with either.
Moved by Commissioner Perney, seconded by Commissioner Brungardt,
to approve all items on the consent agenda. Aye: (4) . Nay: (0) . Motion
carried.
DEVELOPMENT BUSINESS
(7.1) Application #P96 -3A, filed by Kaw Valley Engineering, requesting
approval of a final plat of the Old 81 Drive -In site, a 15 acre tract located west
of the South 9th and Belmont intersection, to become known as the Belmont
Plaza Addition.
(7. 1a) Second reading Ordinance Number 96-9736 rezoning the Belmont
Plaza Addition from A-1, Agricultural District, to PC -3, Planned Shopping
Center District.
Roy Dudark, Director of Planning and Community Development,
explained both items. He indicated the revised drawing was not included with
the summary package and stressed that the City is supporting the improved
intersection at Ninth Street and Belmont Avenue for safety concerns.
Sam Malinowsky, Kaw Valley Engineering, noted that he has been
required by K . D . O . T . several times in other parts of the state to move back
frontage roads, as recommended here, for safety.
Larry Toomey, 2293 William, Wichita, representing Lambertz
Company, expressed concerns with the rerouting of the frontage road and how
it will limit the development of their property. He also suggested possible
reconfigurations of the road.
Wally Storey, former owner of the property, presented a drawing to
the Commission showing the frontage roads.
Marlin Wilson, owner of the adjacent Shoney's property, indicated he
is opposed to the reconfiguration of the frontage road noting that it is further
for the traffic to travel to his property.
Randall Holm, representing Mr. Wilson, noted that the money spent
to remove the old frontage road should be spent on drainage problems. He
presented a drawing with a new, potential configuration which would leave the
existing road in place.
Mr. Malinowsky, noted that there were several options, that they
had looked at the best option for the developer, and would like approval of
the plat as submitted.
Moved by Commissioner Divine, seconded by Commissioner Perney, to
table the vote for 1 week and ask the applicant and Mr. Lambertz to meet to
work out a solution.
Mr. Toomey noted that they were willing to meet.
Mr. Wilson asked to be included in the meeting.
Dennis Kissinger, City Manager, asked for the expectation of the
meeting.
Commissioner Divine explained that they would work together for
methods of access.
Action
Ulm";
96-582
96-583
96-584
96-585
Mr. Dudark noted that the Planning Commission had previously
tabled this for 2 weeks for the same purpose.
Vern Lambertz explained that he had contacted the applicant
previously about meeting and had received no response.
Mr. Storey explained that they had contacted Mr. Lambertz a year
ago and met. Since then they had met once to discuss purchasing the Lambertz
property. This did not work. He felt this had been discussed thoroughly.
Commissioner Perney noted that he felt there were still options which
could be discussed.
Mr. Lambertz asked for the 1 week delay to discuss this further as
the previous meetings concerned other matters.
Commissioner Brungardt noted that he did not think the current
developer could solve the problem.
Vice Mayor Seaton called for a vote on the motion on the floor.
Aye: (2) . Nay: (2) , Seato, Brungardt. Motion failed.
Moved by Commissioner Perney, seconded by Commissioner Brungardt,
to approve the final plat as submitted. Aye: (4). Nay: (0). Motion carried.
Moved by Commissioner Perney, seconded by Commissioner Brungardt,
to adopt Ordinance Number 96-9736 on second reading.
Commissioner Divine noted that the city is not committed to paying for
the removal of the concrete frontage road.
A roll call vote was taken. Aye: (4), Perney, Divine, Brungardt,
Seaton. Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance Number 96-9741 providing for the vacation
of thirty feet of restricted access control on Marcella Drive.
Moved by Commissioner Divine, seconded by Commissioner Perney, to
adopt Ordinance Number 96-9741 on second reading. A roll call vote was
taken. Aye: (4), Perney, Divine, Brungardt, Seaton, Nay: (0). Motion
carried.
(8.2) Purchase and installation of alarm monitoring equipment to replace a
current receiver at the Police Department.
Jim Hill, Chief of Police, explained the bid received.
Moved by Commissioner Brungardt, seconded by Commissioner
Divine, to accept Wilson Electric's proposal, in the amount of $24,999.00, for
the purchase and installation of a "Digitized System 3000" alarm monitoring
receiver. Aye: (4). Nay: (0). Motion carried.
(8.3) Report on validity and submittal of engineering feasibility report for
Petition 4117, filed by Matthew Wagoner, requesting certain street and utility
improvements in River Meadows Addition, Victoria Heights Addition and the
Unplatted Tract Number 1; Project Number 95-953.
(8.3a) Resolution Number 96-5014 setting out the findings and
determinations of the Governing Body on the advisability of certain street
and utility improvements in River Meadows Addition, Victoria Heights
Addition and the Unplatted Tract Number 1.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the area of the improvements and declared the petition valid.
When asked, Bob Wasko, Atty, 219 N. Santa Fe, explained why it had
been so long since the dirt work at the site was done and submission of the
petition.
Moved by Commissioner Divine, seconded by Commissioner Perney, to
accept the feasibility report. Aye: (4). Nay: (0). Motion carried.
Action
96-586
96-587
•e ;•
'• •11
� AI
Moved by Commissioner Perney, seconded by Commissioner Divine, to
adopt Resolution Number 96-5014. Aye: (4). Nay: (0). Motion carried.
(8.4) Receive the 1997 Proposed Budget for the Business Improvement
District Number 1.
Rod Franz, Director of Finance and Administration, explained that
the Commission needed to acknowledge receipt from the Business Improvement
District Number 1.
Nick Slechta, Executive Director of Salina Downtown, Inc., answered
questions from the Commissioners.
Moved by Commissioner Brungardt, seconded by Commissioner Perney,
to acknowledge receipt of the proposed 1997 budget for Business Improvement
District Number 1. Aye: (4) . Nay: (0) . Motion carried.
(8.5) Change Order Number 5 on the 1995 Subdivision Improvements,
Project Number 95-938, in the amount of $19,652.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the change order.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to approve Change Order Number 5 on the 1995 Subdivision
Improvements, Project Number 95-938, in the amount of $19,652. Aye: (4).
Nay: (0) . Motion carried.
(8.6) Change Order Number 1 on the Southwest Area Water Distribution
System Improvements, Project Number 95-945, in the amount of $10,179.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the change order.
Moved by Commissioner Perney, seconded by Commissioner Brungardt,
to approve Change Order Number 1 on the Southwest Area Water Distribution
System Improvements, Project Number 95-945, in the amount of $10,179. Aye:
(4) . Nay: (0) . Motion carried.
None.
OTHER BUSINESS
ADJOURNMENT
(10.1) Moved by Commissioner Divine, seconded by Commissioner
Brungardt, that the Regular Meeting of the Board of Commissioners be
adjourned. Aye : (4) . Nay: (0) . Motion carried. The meeting adjourned at
6:44 p.m.
[SEAL]
ATTEST:
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D. ng, City Clerk
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Evelyn Maxwell, Mayor