Loading...
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. Action 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 Action 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, Action 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, Action 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