09-09-1996 MinutesAction
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
SEPTEMBER 9, 1996
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, September 9, 1996, at 4:00
p.m.
There were present:
Mayor Evelyn Maxwell, Chairman presiding
Commissioner John Divine
Commissioner Peter F. Brungardt
Commissioner Kristin M. Seaton
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Judy D. Long, City Clerk
Commissioner R. Abner Perney
Ci;C7M
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on the advisability of an improvement to Schilling Road
from the Union Pacific Railroad tracks west to the west line of Tasker Addition.
(5.1a) Resolution Number 96-5065 finding as to the advisability and
authorizing construction of improvements on Schilling Road.
(5.1b) Resolution Number 96-5067 deferring the payment of special
assessments on certain property located within the proposed benefit
district for the Schilling Road street and drainage improvement.
Shawn O'Leary, Assistant Director of Engineering and Utilities, gave
the staff report and reviewed the feasibility report. He explained the
oversizing included a third turning lane which will be paid for by the City at
large and these improvements included only the area from the west line of
Tasker Addition to the U . P . R . R . tracks. He clarified that this project was
only for street improvements with very minor drainage improvements. He
explained the distribution of costs with an equal distribution of assessments in
Tasker Addition and on the south side of Schilling the City Commission would
need to determine if assessments would be based on square footage or by
utilization of a tier method by assigning a higher cost per square foot to the
portions of each tract within 340 feet of Schilling Road.
Dennis Kissinger expanded the explanation of the different methods
of assessment for areas A and B, and the special circumstances of this
project. He supported the recommendation of straight equal share of
assessments north of Schilling Road and explained both methods of assessment
and delayed benefit districts for the area south of Schilling Road.
Commissioner Divine was informed that Lot 75 in Tasker Addition
does belong to the City for drainage use and a sum was paid to the City to
maintain that lot for a period of 10 years. Mr. O'Leary explained that this lot
has been omitted from the special assessments.
Mr. Kissinger noted that this project will be concurrent with the
Schilling Road improvements from the railroad tracks west to Ohio Street.
Mayor Maxwell called the public hearing to order.
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Michael Mull, 2916 Karen Court, representing the lot owners in
Tasker Addition, felt that the entire city will benefit from this improvement and
should share the cost. He advised the Commission that traffic on Schilling has
increased over the years due to shopping, industry and the I-135 exit. He
made a comparison of Schilling Road to the Crawford Street improvements. He
felt paying for 2 streets for another 8 years on current specials was enough.
He gave the commissioners a map of a proposed benefit district which included
the area to the north to include Neal Avenue and possibly Belmont Boulevard
for a more equitable approach. He informed the Commission that this past
weekend a garage sale sign was posted on Schilling Road for a Gail Road
address. He felt this special assessment has been "kept under the rug" and
the builder didn't anticipate this assessment.
In a discussion with Commissioner Divine and Mr. Kissinger, Mr.
Mull noted that his house wasn't finished yet and he had not read the
covenant spoken of. Mr. Kissinger clarified that this covenant was filed with
the Register of Deeds and that the City had fulfilled its obligation of
notification.
Archie Ponton, 2920 Karen Court, informed the Commission that he
has built several houses in this addition. He explained that he had asked the
Register of Deeds about covenants and was given covenants that did not include
information regarding the future development of Schilling Road. He went back
recently and received 2 additional sets of covenants one of which included the
road improvement. His title company did not find the covenant in their search
either. He is concerned that no one seems to know about the second filing of
the covenant and that the cost of the improvement has jumped with each of the
3 filings. He also was concerned about the distribution of costs between the
benefit district and the city.
Mr. Kissinger clarified that the City is paying for the third lane that
will make Schilling an arterial street. The benefit district is being assessed
only for the upgrading of a rural two-lane road into a city street.
Mr. Hoff and Mr. Kissinger elaborated on the Crawford Street
improvements clarifying that the original paving of Crawford to city standards
was paid for by abutting property owners. Mr. Kissinger further noted that
the subdivision would not have been allowed without the improvement of
Schilling Road.
Mr. Ponton stressed that as a builder he has sold homes in this
addition and did not know himself of these assessments so the current
property owners did not know about them either. He and Mr. O'Leary
discussed the price changes that have occurred, clarifying that the figures
used are not actual costs and that the project has not yet been bid.
Commissioners Brungardt and Divine explained that the City
Commission has tried to clarify this process, noting that the developer did know
about these specials and that the Commission cannot control what the developer
does or does not tell the builders.
Mr. Kissinger explained the cost sharing arrangements for streets in
the City of Salina. He clarified that special assessments are not based on who
drives on a street and that without these specials there would either have
been no lots in Tasker Addition to buy and sell or the cost of these
improvements would have been included in the purchase price for the lots. He
noted the City's responsibility is only to record with the Register of Deeds.
The Mayor asked if the possibility of a third street assessment was
included in the special assessment handouts. Finding that it is not, requested
that it be included in the next printing.
Bill Davis, 2952 Ray, does not feel they are the only benefit district.
He noted he would not benefit from the drainage since his water runs north.
Melvin Bergkamp, Bergkamp Inc., asked how the unplatted Lot 93
farmhouse is being assessed.
Mr. O'Leary explained the 2 methods being determined today and
noted that the second, tiered, method with higher assessment on the 340 feet
closest to Schilling Road, would be to his advantage, since his lot was deeper.
Mr. Bergkamp stated that he prefers the tiered method and also noted
that in his covenant he cannot make a written protest of this improvement. He
agreed that there is a lot of traffic on Schilling Road that does not come from
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the benefit district and recommended that the total cost of the improvement be
split between the City and the property owners.
Commissioner Seaton clarified that this improvement was included in
the annexation.
Mr. Kissinger noted that cost recovery methods will be put into for
the improvements on Schilling east of the railroad tracks clarifying that when
developed those areas will also pay for the improvements.
Dale Johnson, 2912 Karen Court, informed the Commission that he
was not informed by the builder of these future special assessments. He noted
he did not see the benefit of the turning lane for the Tasker Addition.
Mr. Kissinger spoke regarding the importance of covenants to which
Mr. Johnson agreed that it would have been better to have made the developer
pay for the improvements upfront so that the buyer would have been aware of
the cost of the improvements, acknowledging that the costs would have been
passed on.
The Mayor suggested the Realtors Association be advised of impending
specials.
Tom Hanaman, 2972 Tasker, was not aware of the covenant either
and noted that the City will go ahead with the improvements anyway. He feels
Schilling as it is is good enough to service this addition and doesn't feel the
road needs to be widened to benefit Tasker Addition. He asked that other
funding options be considered.
Greg Bengtson verified the recording of the plat, with the Register
of Deeds. Covenants regarding the building of streets were all recorded on the
same day, March 8, 1993, and predated the recording of any individual deeds.
Mr. Kissinger noted that the developers are also property owners
and declined to be at the hearing here today.
There being no other comments the Mayor declared the Public
Hearing closed.
Commissioner Seaton spoke in favor of option B-1 for the assessment
of Area B.
96-723 Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to adopt assessment method B-1 prior to adoption of Resolution
Number 96-5065. Aye: (4) . Nay: (0) . Motion carried.
96-724 Moved by Commissioner Divine, seconded by Commissioner Seaton, to
adopt Resolution Number 96-5065. Aye: (4). Nay: (0). Motion carried.
96-725 Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to adopt Resolution Number 96-5067. Aye: (4) . Nay: (0) . Motion
carried.
CONSENT AGENDA
(6.1) Approve the minutes of the regular meeting of August 26, 1996.
96-726 Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to approve the consent agenda. Aye: (4) . Nay: (0) . Motion
carried.
DEVELOPMENT BUSINESS
(7.1) Application #Z96-6, filed by the Salina City Planning Commission,
requesting consideration of an amendment of the Subdivision Regulations,
Section 36-74(b)(2), Design Standards for Private Streets.
(7.1a) First reading Ordinance Number 96-9760.
Roy Dudark, Director of Planning and Community Development,
explained the proposed changes as part of the 1996 Work Plan of the City
Planning Commission. This ordinance changes the width on private streets to
25 feet and along with other changes looks at addressing. The City will install
sign posts only on private streets that connect to current City streets all other
internal streets are to be signed by the developer. Mr. Dudark also stated,
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many private streets exceed the proposed standard and citizens in some other
areas have complained about inadequacies of their private streets for parking.
96-727 Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to introduce Ordinance Number 96-9760 for first reading. Aye:
(4). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance Number 96-9759 providing for the
amendment of Chapter 25 of the Salina Code regarding Offenses and
Miscellaneous Provisions.
Judy Long explained the changes that have been made to this
ordinance since first reading, the additions under 25-26 regarding resisting
arrest and 25-97 criminal trespass. She noted that no comments have been
received.
96-728 Moved by Commissioner Brungardt, seconded by Commissioner
Divine, to adopt Ordinance Number 96-9759 on second reading with changes.
A roll call vote was taken. Aye: (4), Seaton, Divine, Brungardt, Maxwell.
Nay: (0). Motion carried.
(8.2) Resolution Number 96-5063 appointing members to the Tree Advisory
Board.
96-729 Moved by Commissioner Divine, seconded by Commissioner Seaton, to
adopt Resolution Number 96-5063. Aye: (4). Nay: (0). Motion carried.
(8.3) Resolution Number 96-5064 authorizing the Mayor to execute
Supplemental Agreement Number 1 with Wilson & Company for engineering
services for improvements at the Wastewater Treatment Plant in an amount of
$24,326.31.
Don Hoff, Director of Engineering and Utilities explained the Ultra
Violet Plant added by Change Order for Federal Funds increased the scope of
the project. The City's cost is approximately $10,950.00 of the total net
increase of $24,326.31.
96-730 Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to authorize the supplemental agreement and adopt Resolution
Number 96-5064. Aye: (4) . Nay: (0) . Motion carried.
(8.4) Resolution Number 96-5066 authorizing the Mayor to execute an
agreement for construction engineering services with Bucher, Willis & Ratliff
and the Kansas Department of Transportation for the Mulberry Street Bridge
Replacement Project.
Commissioner Divine abstained from discussion and any vote.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the history of the Mulberry Street Bridge project. This resolution
authorizes a three -party agreement with a "cost plus net fee" upper limit of
$64,236.15 based on an 80-20 federal grant matching program. As this bridge
is an entrance to a park the City is adding design features to include lights
and sidewalks. The total City's share is an estimated $112,757.00 to be paid by
gas tax funds.
96-731 Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to adopt Resolution Number 96-5066. Aye: (3) . Nay: (0) . Abstain:
(1) , Divine. Motion carried.
(8.5) Concurrence with award of contract by KDOT for the Mulberry
Street Bridge Replacement Project Number 85 U-1546-01.
96-732 Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to concur with the award of contract by KDOT for the Mulberry
Street Bridge Replacement Project. Aye: (4) . Nay: (0) . Motion carried.
(8.6) Consideration of request for a break in restricted access on Belmont
Boulevard.
(8.6a) First reading Ordinance Number 96-9761.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
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explained the requested access break noting that minor corrections will be
made to this ordinance before the second reading.
96-733 Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to approve Ordinance Number 96-9761 for first reading. Aye: (4) .
Nay: (0) . Motion carried.
(8.7) Receive and review the 1995 Audit Report from Agler and Gaeddert,
Chartered.
Rod Franz, Director of Finance and Administration, gave a brief
staff report noting only two reportable conditions exist: need for a formal
purchasing policy and a mechanical problem in transfers.
Mr. Keith Gaeddert, Agler & Gaeddert, Chartered Certified Public
Accountants, spoke to the Commissioners regarding the audit. He concluded
that the City of Salina has a very solid, healthy financial status with no
statutory violations. Responding to Commission inquiry regarding General
Obligation per capita he and Mr. Kissinger concurred that the city is well
within guidelines. In summary he stated that his firm tested things closely and
found all in good order.
96-734 Moved by Commissioner Divine, seconded by Commissioner Seaton, to
receive the 1995 Audit Report as presented by the auditors.
The Mayor noted that a copy of this report will be in the library for
public review and inquired about the Water Fund Balance. Mr. Kissinger
assured the Mayor all is in good order.
A vote was called to the motion on the floor. Aye: (4) . Nay: (0) .
Motion carried.
(8.8) Request for Executive Session to discuss a legal matter.
96-735 Moved by Commissioner Divine, seconded by Commissioner
Brungardt, that the City Commission recess into executive session for the
purpose of discussing with the City Attorney a matter subject to the
attorney-client privilege, specifically, the recently filed petition requesting a
grand jury investigation of the City's flood plain management, for the reason
that public discussion of the matter would waive the attorney-client privilege;
and reconvene in this room in 10 minutes or at 6:25 p.m. Aye: (4). Nay:
(0). Motion carried, no action was expected.
The Board of Commissioners recessed at 6:15 p.m. and reconvened
at 6:25 p.m. No action was taken.
OTHER BUSINESS
(9.1) None.
ADJOURNMENT
96-736 Moved by Commissioner Seaton, seconded by Commissioner Divine,
that the Regular Meeting of the Board of Commissioners be adjourned.
Aye: (4) . Nay: (0) . Motion carried. The meeting adjourned at 6:26 p.m.
�vely Maxwell, Mayor
[SEAL]
ATTEST: n
Ju ong, CMC, City Clerk