12-16-1996 MinutesAction #
96-835
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
DECEMBER 16, 1996
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, December 16, 1996, at 4:00
D.M.
There were present:
Mayor Evelyn Maxwell, Chairman presiding
Commissioner R. Abner Perney
Commissioner John Divine
Commissioner Peter F. Brungardt
Commissioner Kristin. M. Seaton
comprising a quorum of the Board, also present:
I Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Judy D. Long, City Clerk
None.
The Regular Meeting of the Board of Commissioners was called to
order at 4:00 p.m. A roll call was taken followed by the Pledge of Allegiance
and a moment of silence.
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The WEEK of December 15th through 21st as "SALINA CENTRAL
FOOTBALL CHAMPIONSHIP WEEK" in the City of Salina. The proclamation was
read by Central High School Principal Steve Williams. Coach Marvin Diener,
and Captains Parker Wallace and Dan Divilbiss were also present.
(4.2) The Mayor announced that the City Offices will close on December
24th at 3:30 p.m.
PUBLIC HEARINGS AND -ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing and report on Petition Number 4131 requesting vacation
of the 20 -foot -wide public street right-of-way in Block 12 of the Leavenworth
Addition.
(5. la) First Reading Ordinance Number 96-9779.
Shawn O'Leary, Assistant Director of Engineering and Utilities, gave
the staff report explaining the request.
Mayor Maxwell called the public hearing to order. There being no
comments, the Mayor declared the public hearing closed.
Moved by Commissioner Brungardt, seconded by Commissioner
Divine, to approve Ordinance Number 96-9779 for first reading. Aye: (5).
Nay: (0) . Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of the regular meeting of December 2, 1996.
(6.2) Resolution Number 96-5090 prescribing the corporate limits of the City
of Salina.
(6.3) Approval of 1996 CIP Carryover Projects.
(6.4) Set January 21, 1997 as the date to receive bids on aerial
photographs for Salina Urban Area.
Action #
•
96-837
96-841
(6.5) Resolution Number 96-5091 authorizing a one year extension to the
Household Hazardous Waste Disposal Contract.
6.6) Resolution Number 96-5096 authorizing the City Manager to execute
'ertificates of Release from Environmental Condition Liability to certain persons.
Moved by Commissioner Seaton, seconded by Commissioner Perney, to
approve all items on the consent agenda. Aye: (5) . Nay: (0) . Motion
carried.
DEVELOPMENT BUSINESS
(7.1) Application #P96 -6/6A, filed by Kaw Valley Engineering, requesting
approval of a replat of Lot 3, Block 3, of the Belmont Plaza Addition.
Roy Dudark, Director of Planning and Community Development,
explained the replat request.
Moved by Commissioner Divine, seconded by Commissioner Seaton, to
approve the plat as proposed. Aye: (5). Nay: (0). Motion carried.
(7.2) Application #P96 -5/5A, filed by Ted and Geraldine Long, requesting
approval of a final plat of a proposed one lot subdivision on the north side of
East Cloud Street, east of Austin Circle.
Roy Dudark, Director of Planning and Community Development,
explained the plat approval request.
Moved by Commissioner Brungardt, seconded by Commissioner Perney,
to authorize the Mayor to sign the plat. Aye: (3). Nay: (2), Maxwell,
Divine. Motion carried.
(7.3) Application #Z96-10, filed by Ted and Geraldine Long, requesting a
change in zoning district classification from A-1, Agricultural District, to R-1,
Single -Family Residential District, on an unplatted tract located on the north
side of East Cloud Street, east of Austin Circle; addressed as 1601 E. Cloud.
(7.3a) First reading Ordinance Number 96-9775
(7.3b) Declare an emergency exists in order to allow for the second
reading of the ordinance on the same day.
(7.3c) Second reading Ordinance Number 96-9775
Roy Dudark, Director of Planning and Community Development,
explained the rezoning request.
Ken Wasserman, representing the applicant, restated that everything
requested meets the requirements of the City. He also noted it doesn't detract
from the area and is not contrary to the zoning ordinance.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to adopt Ordinance Number 96-9775 for first reading. Aye: (5).
Nay: (0) . Motion carried.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to declare an emergency exists in order to allow for the second
reading of the ordinance on the same day. Aye: (5) . Nay: (0) . Motion
carried.
Moved by Commissioner Seaton, seconded by Commissioner Perney, to
adopt Ordinance Number 96-9775 on second reading. A roll call vote was
taken. Aye: (5), Brungardt, Divine, Perney, Seaton, Maxwell. Nay: (0).
Motion carried.
(7.4) Amendment of Salina City Zoning Ordinance, Article X, Signs, by
amending Section 42-508, Temporary Signs, specifying limitations for the use
of decorative business signs.
(7.4a) First reading Ordinance Number 96-9776
Roy Dudark, Director of Planning and Community Development,
explained the proposed change.
Action #
96-842
96-843
96-844
96-845
96-847
Moved by Commissioner Divine, seconded by Commissioner Perney, to
prove Ordinance Number 96-9776 for first reading removing Section (c) .
ye: (5) . Nay: (0) . Motion carried.
(7.5) Resolution Number 96-5092 allowing the Salvation Army to use 10' of
public right-of-way adjacent to property located at 1114 N. Seventh St.
Roy Dudark, Director of Planning and Community Development,
explained the license agreement and proposed use.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to adopt Resolution Number 96-5092. Aye: (5) . Nay: (0) . Motion
carried.
(7.6) Resolution Number 96-5093 authorizing the City Manager to enter into
an agreement with the State Historic Preservation Office to transfer
responsibility to perform National/State Register project review to the City of
Salina under the State Historic Preservation Law.
Roy Dudark, Director of Planning and Community Development,
explained the proposed change.
Moved by Commissioner Perney, seconded by Commissioner Divine, to
approve as presented. Aye: (5). Nay: (0). Motion carried.
(7.7) Resolution Number 96-5095 reconfirming support for reapproval of
Saline County for inclusion in a designation Kansas Enterprise Zone
non -metropolitan region.
Roy Dudark, Director of Planning and Community Development,
explained the benefits of the designation.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to adopt Resolution Number 96-5095. Aye: (5) . Nay: (0) . Motion
carried.
ADMINISTRATION
(8.1) The Mayor spoke regarding economic development strategies, tourism
in Israel and that two keys were requested and given to Captains Carol and
Ron Lemirand of the Salvation Army, a third key was given to Pat Ackley for
her work with the homeless and the fourth key was given to Nancy
Klostermeyer as the first director of the RSVP.
(8.2) Second reading Ordinance Number 96-9774 vacating the 10'
pedestrian walkway right-of-way located on Lots 6, 7, 21 and 22, Block 11,
Sunset Manor Addition.
Moved by Commissioner Seaton, seconded by Commissioner Perney, to
adopt Ordinance Number 96-9774 on second reading. A roll call vote was
taken. Aye: (5) , Brungardt, Divine, Perney, Seaton, Maxwell. Nay: (0) .
Motion carried.
(8.3) First reading Ordinance Number 96-9777 amending sections of the
Salina Code pertaining to parking.
Ellen Mitchell, Salina City Prosecutor, explained the proposed
changes.
Moved by Commissioner Perney, seconded by Commissioner Seaton, to
approve Ordinance Number 96-9777 on first reading, removing Section 38-44.
Aye: (5). Nay: (0). Motion carried.
(8.4) First reading Ordinance Number 96-9778 providing for rural fire
protection outside the city limits.
(8.4a) Declare an emergency exists in order to allow for the second
reading of the ordinance on the same day.
(8.4b) Second reading Ordinance Number 96-9778
Tom Girard, Fire Chief, explained the request for rural fire
protection.
Action #
96-848 Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to approve Ordinance Number 96-9778 on first reading. Aye:
(5) . Nay: (0) . Motion carried.
96-849 Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to declare an emergency exists in order to allow for the second
reading of the ordinance on the same day. Aye: (5) . Nay: (0) . Motion
carried.
96-850 Moved by Commissioner Seaton, seconded by Commissioner Perney, to
adopt Ordinance Number 96-9778 on second reading. A roll call vote was
taken. Aye: (5), Brungardt, Divine, Perney, Seaton, Maxwell. Nay: (0).
Motion carried.
(8.5) Resolution Number 96-5094 authorizing the Salina Airport Authority
to conduct the public hearing on behalf of the City of Salina regarding the
issuance of Industrial Revenue Bonds.
Greg Bengston explained the Internal Revenue Bonds and that the
Salina Airport Authority has the authority to conduct the public hearing.
96-851 Moved by Commissioner Divine, seconded by Commissioner Seaton, to
adopt Resolution Number 96-5094. Aye: (5) . Nay: (0) . Motion carried.
(8.6) Concurrence with Saline County on construction engineering
agreement for the Schilling Road Drainage Improvement Project Number 95-928.
Commissioner Divine abstained due to personal conflict.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the agreement.
96-852 Moved by Commissioner Brungardt, seconded by Commissioner Perney,
to concur with Saline County on construction engineering agreement for the
Schilling Road Drainage Improvement Project. Aye: (4) . Nay: (0) . Abstain:
(1) , Divine. Motion carried.
(8.7) Award of contract for the State Street Bridge Replacement, Project
Number 96-989.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the project and the bids received December 10, 1996.
96-853 Moved by Commissioner Seaton, seconded by Commissioner Perney, to
award the bid to Shears, Inc. in the amount of $168,402.10. Aye: (5). Nay:
(0) . Motion carried.
(8.8) Award of contract for the Memorial Hall Parking Lot Improvements,
Project Number 96-990.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the project and the bids received December 10, 1996.
96-854 Moved by Commissioner Divine, seconded by Commissioner Seaton, to
award the bid to Shears, Inc. in the amount of $61,646.70. Aye: (5) . Nay:
(0) . Motion carried.
(8.9) Award of contract for the Water Distribution System Improvements,
Project Number 96-982.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the project and the bids received December 10, 1996.
96-855 Moved by Commissioner Perney, seconded by Commissioner Brungardt,
to award the bid to Ditch Diggers, LLC in the amount of $65,800. Aye: (5) .
Nay: (0) . Motion carried.
(8.10) Consideration of requests for 1997 and 1998 Special Alcohol Funds.
Rod Franz, Director of Finance and Administration, explained the
applications received for the Section 888 Funding. He recommended to fully
fund the Central Kansas Foundation for $90,580.00 for the next two years.
Barbara Gibson, Central Kansas Foundation, was available to answer
questions. She explained the Safe Hold Program.
Action #
96-856 Moved by Commissioner Brungardt, seconded by Commissioner
Divine, that the 1997 and 1998 Special Alcohol Funds be designated for Central
Kansas Foundation as outlined. Aye: (5) . Nay: (0) . Motion carried.
(8.11) Recess until 5:30 p.m.
Dennis Kissinger clarified that a ten minute recess has been
scheduled.
96-857 Mayor Maxwell stated that with the consent of the Commission there
would be a ten minute break, none opposed.
The City Commission recessed at 5:39 and reconvened at 5:49.
(8.12) Consideration of stormwater policy issues and options.
Dennis Kissinger noted that he would be reviewing each issue
separately, in a condensed format.
(1) Equipment.
(1A) Purchase of equipment to improve city's ability to respond to
major storm events.
Dennis Kissinger explained the need for 2 new pumps and related
equipment. He elaborated on the additional equipment needed for storm events
noting use and cost, and advising that funds are available in the 1996
budget. He requested a sole source purchase at a cost not to exceed $69,000
and authority for purchase of associated equipment at a cost not to exceed
$9,000.00.
Mayor Maxwell asked for public comment.
Helen Kearn, 2355 Aurora, spoke regarding concern for who was
going to be in charge of deciding when the portable pumps would go into
use. She requested permanent pump stations and suggested reviewing a lease
program.
Mr. Kissinger responded that there are 2 or 3 permanent pump
stations in the city now noting that they cost several hundred thousand dollars
to construct. He explained emergency procedures and concluded that leasing
doesn't seem to be an option at this time.
There being no further public comment, Mayor Maxwell asked for a
motion.
96-858 Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to concur with staff recommendation to purchase the 2 pumps and
associated equipment as recommended. Aye: (5). Nay: (0). Motion carried.
(2) Major Projects.
(2A) Effective and timely completion of the Schilling Drainage Project
Number 95-928.
Dennis Kissinger explained the impact of the Schilling Drainage
Project which will begin in January to be completed by September.
96-859 Commissioner Divine, supported by Mayor Maxwell, stated that the
drainage portion of this project is to be done this spring before the rains.
Mayor Maxwell asked for public comment, there being none she asked
for a motion.
96-860 Moved by Commissioner Brungardt, seconded by Commissioner
Divine, to endorse the Schilling Drainage Project, and noted its significance to
the stormwater problem in Salina. Aye: (5) . Nay: (0) . Motion carried.
(2B) Scheduling of the Old Dry Creek Channel Rehabilitation Project
as a priority 1997 project.
Dennis Kissinger explained the need for the project noting illegal
dumping, natural filling and erosion. He indicated this project will be done in
conjunction with the State Street Bridge Project (96-989) . He noted the major
portion of the work will take place from mid-January thru mid-March and
Action #
•. :•
ified that it will tie up General Services time and other things like curb
firs won't get done as timely as they have been.
Moved by Commissioner Perney, seconded by Commissioner Seaton, to
thorize staff to proceed as outlined by the City Manager in 1997.
Mayor Maxwell asked for public comment.
Sid
Rich, 1535 N 9th,
noted his home doesn't
flood until the
pumps
re turned on.
He noted that
Mulberry Creek is also
stopped up in
several
laces from
Thomas Park to the
highway and asked if
this was going
to get
leaned up.
He clarified that if more water is brought
into Mulberry
Creek,
is property
will flood faster as
the water that floods his house comes through
homas Park
after Mulberry Creek
gets full.
Mr. Kissinger explained the difference between the natural flow of
ulberry Creek and noted that if Old Dry Creek is cleaned out, hopefully, the
opacity will increase and this type of flooding will decrease.
Mr. Rich noted an area behind Bob's Pawn Shop that has been filled
that cannot drain. He feels if something were done with this it would help the
flooding problem.
Mayor Maxwell directed staff to take note of this issue.
C. R. Nicholson, 118 S. Broadway, business owner, noted that the
area north of him is higher , because it runs north when it rains and back
south when it quits.
Cleve Mulder, 136 S. Broadway, agreed with Mr. Nicholson. He also
noted another problem on Broadway Boulevard. He stated that the Dry Creek
water never gets over 6 feet deep and spoke regarding Broadway Boulevard
flooding as the water flows into the street and not into Dry Creek. He also
asked who was going to pay for this clean up.
Don Darling, 1036 Scott, distributed a copy of a 1987 agreement
between the City and property owners for water rights pertaining to Dry
Creek. He agreed that something needs to be done.
There being no other comments, the Mayor asked for a vote on the
current motion: to authorize staff to proceed as outlined by the City Manager in
1997. Aye: (5) . Nay: (0) . Motion carried.
(3) Minor Projects.
(3A) Identification and scheduling of certain minor stormwater
projects as priority projects for 1997.
Dennis Kissinger reviewed a list of possible projects to be
implemented in 1997:
a) Ash Street and Chicago Street areas (inlet)
b) Jaran Street (storm sewer section)
c) Neal Avenue and Linda Lane (piping and flap gates)
d) South Ohio/Bonnie Ridge (culvert piping and entrance pipes at
street crossngs)
e) Bonnie Ridge ( small diversion ditch south of subdivision)
f) Austin and Laurie Detention Ponds (improvements)
g) GICO Pond (enlargement)
h) Holmquist and Republic Outlets (access and piping)
i) Eastgate Pond/Drainage Ditch (improvements)
Mayor Maxwell asked for public comment.
Gary Walsh, 2354 Aurora, asked about budgeting and was advised
this topic will be addressed in item (5) . He noted he will speak later.
The public was instructed to contact Mr. Kissinger regarding other
minor projects they wished to be considered. There being no other comments,
the Mayor asked for a motion.
96-863 Moved by Commissioner Seaton, seconded by Commissioner Divine, to
approve the above items (a) through (i) , 1997 preliminary project listing and
direct staff to conduct necessary planning and engineering analysis. Aye: (5).
Nay: (0) . Motion carried.
Action #
OV61M
(4) Engineering Feasibility reports.
(4A) Establish potential major projects for which engineering
feasibility reports and cost estimates will be contracted for in 1997.
Dennis Kissinger reviewed the 3 potential major projects identified
for 1997 on which additional engineering analysis and cost estimating are needed
for further consideration for capital improvements.
The Mayor asked for public comment.
Jay Stephens, 340 Maple, spoke regarding the work on Broadway.
He thinks the area south of Broadway Boulevard should also be considered as
he 9th and Broadway project holding pond water is splitting at that location.
Mr. Kissinger informed him that this concern is not part of this
project and Don Hoff, Director of Engineering and Utilities, explained the work
that is being done now. Mr. Kissinger concluded that people need to protect
their own properties.
Tim Howison, 721 Neal, owns property around Magnolia and Ohio.
e asked the city to look at this area: the south part of the intersection. He
3ked if the water could be drained east as well as south along the area.
Mr. Kissinger noted that Mr. Howison, a property developer in that
area, was getting into the details of the Engineering Study to be done, and
assured Mr. Howison that his concerns were being addressed in this project.
There being no other comments, the Mayor asked for a motion.
Moved by Commissioner Brungardt, seconded by Commissioner Seaton, t
the 3 major project areas described be scheduled for engineering feasibility
reports in 1997. Aye: (5) . Nay: (0) . Motion carried.
(5) Financial Policies.
(5A) Residential Stormwater Utility System.
Dennis Kissinger noted that for small projects, less than $25,000, a
fee of 50 cents per month could be added to water bills. He explained that
these funds would be used for improvements, not maintenance. In a
discussion with the Commission he spoke against fees to commercial properties.
The Mayor asked for public comment, there being none, she asked for
a motion.
Moved by Commissioner Divine, seconded by Commissioner Seaton, to a
staff to prepare the required documents to look at the implementation of a 50
cent user fee for residential' water bills to be used for flood improvements
without "sunset" to continue until further Commission action repeals the fee.
Aye: (3). Nay: (2), Brungardt, Maxwell. Motion carried.
(513) Establishing a general policy on cost-sharing for special
assessment districts formed for significant stormwater improvement
projects.
Dennis Kissinger explained a proposed general 50-50 cost sharing
policy on special assessment districts formed for special projects.
The Mayor asked for public comment.
Dale Martinitz, 2202 Melrose Lane, spoke regarding the 5050 split
noting that it seems high for the city to pay and asked why he should pay for
the Mulberry flooding when he lives on the Hill. He supported today's action
for more improvements.
There being no further comments, the Mayor asked for a motion.
96-866 Moved by Commissioner Brungardt, seconded by Mayor Maxwell, to conaur
with the intent to establish a general 50-50 policy on cost sharing for
stormwater special assessment projects and direct staff to prepare the
appropriate resolutions. Aye: (5) . Nay (0) . Motion carried.
Action #
)6-867
96-871
(5C) Whether special assessment districts for stormwater drainage
improvement projects should be city -initiated or initiated by property
owner petition.
Dennis Kissinger explained policy direction options whether to stay
ith citizen -petition initiated projects or change the policy and possibly have
ity-initiated projects.
The Mayor asked for public comment, there being none, she asked for
motion.
Moved by Commissioner Divine to retain the current policy with staff
pport up front. Died lack of a second.
After discussion with the Commission, Mr. Kissinger suggested this
tem be deferred for further staff recommendations and Mayor Maxwell directed
hat without a motion the next item be considered.
(5D) Establishing a policy on possible future sales tax elections for
extremely large and expensive projects, whether they are located
throughout the city or serve one area only.
Dennis Kissinger spoke regarding possible sales tax use for future
large dollar projects.
The Mayor asked for public comment.
Gary Walsh, 2354 Aurora, said the flooding sounds like a city-wide
issue. He noted that the county jail was built with a sales tax increase and he
feels that with a 1/4 cent or 1/2 cent sales tax we could get a lot done. He
thinks this would pass.
There being no other public comments, the Commission further discuss(
this item. The Mayor heard four Commissioners wishing to affirm a preference
for city -initiated special purpose sales tax requests. Staff was directed to
bring a policy statement back as a resolution at a later meeting.
(6) Development policies.
(6A) Making our current development standards more strict as they
relate to sizing and construction of detention ponds and related
drainage and stormwater run-off control facilities.
Dennis Kissinger reviewed development standards and residential
pond standard will increase.
The Mayor asked for public comment.
Dale Martinitz, 2202 Melrose Lane, spoke against detention ponds as
he feels they are a liability.
Moved by Mayor Maxwell, seconded by Commissioner Seaton, to endorse
more stringent detention pond standards for future residential development to be
established by the Engineering Department. Aye: (5) . Nay: (0) . Motion
carried.
(6B) Providing for certain areas to be designated as "critical
drainage areas," in which even previously platted, but undeveloped
properties, could be required to construct detention ponds or other
drainage improvements before construction would be allowed.
Dennis Kissinger explained this concept.
The Mayor asked for public comment, there being none, she asked for
a motion.
Moved by Commissioner Brungardt, seconded by Commissioner Divine,
agree with this concept on overlay. Aye: (5). Nay: (0). Motion carried.
(7) Citizen open comment period on stormwater issues not previously
covered at meeting.
Mayor Maxwell asked for public comments regarding items that had not
been brought before the Commission, there were none.
Action #
96-872
96-873
(8) City Commission further policy direction to staff, including any
additional research, reports, and/or study sessions the Commission may
wish to have on the 1997 work plan.
In response to Mayor Maxwell's concerns, Dennis Kissinger advised that
will be presenting the Commission with a variety of future Study Sessions
ics .
OTHER BUSINESS
[(9.1) Mayor Maxwell wished everyone a Merry Christmas and a Happy New
IYear, noting that the next Commission meeting will be January 6, 1997.
ADJOURNMENT
(10) Moved by Commissioner Brungardt, seconded by Commissioner Seaton, t.
the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5) . Nay:
(0). Motion carried. The meeting adjourned at 8:26 p.m.
[ SEAL]
ATTEST:
Juy D. Long, C, City Cl k
Evel Maxwell, Mayor
at