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06-03-1996 MinutesY y� K11111C­f�ri��ing — Salina. Kansa] 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: �C-1�l D. ng, City Clerk r -71 - Aa -0c Evelyn Maxwell, Mayor