07-14-1997 MinutesAction
97-1122
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JULY 14, 1997
4:00 p.m.
The City Commission convened at 2:00 p.m. in a Study Session to discuss the
1998 budget. The Regular Meeting of the Board of Commissioners was called
to order at 4:00 p.m. in the Commission Meeting Room, City -County Building,
on Monday, July 14, 1997. A roll call was taken followed by the Pledge of
Allegiance and a moment of silence.
There were present:
Mayor Kristin M. Seaton, Chairman presiding
Commissioner Peter F. Brungardt
Commissioner Don Heath
Commissioner Alan Jilka
Commissioner Monte Shadwick
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Barbara R. Weber, Deputy City Clerk
Judy D. Long, City Clerk
None.
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1)
Continuation
of public hearing
on Petition No. 4143, filed by Robert
Haworth
on behalf of
his company Lee
Haworth Construction, requesting the
vacation
of utility and
telephone easements in Twin Oaks II Subdivision.
(5.1a) First reading Ordinance Number 97-9811.
Mayor Seaton called the public hearing to order.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the location of the property and the purpose of the request. He
noted that utilities are functioning in the easement and that the applicant is
not interested in relocating them. He stated that the applicant has agreed to
a portion of the requested easement clarifying that the East-West easement as
well as the east 6 feet of easement will remain.
There being no other comments the Mayor declared the public
hearing closed.
Moved by Commissioner Shadwick, seconded by Commissioner Jilka,
to approve Ordinance Number 97-9811 for first reading. Aye: (5). Nay:
(0) . Motion carried.
(5.2) Public hearing and report on Petition No. 4142, filed by Jerry Diehl
on behalf of Diehl Construction/Transportation Company, requesting the
vacation of the public street right-of-way on North Tenth Street in the Depot
Addition.
(5.2a) First reading Ordinance Number 97-9812
Mayor Seaton called the public hearing to order.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the petition to consolidate property holdings. He stated that the
requested area was platted in 1910 and has never been improved, nor are
there any plans for any utilities.
Action
97-1123
97-1124
97-1125
97-11261
97-11271
There being no other comments the Mayor declared the public
hearing closed.
Moved by Commissioner Brungardt, seconded by Commissioner Heath,
to approve Ordinance Number 97-9812 for first reading. Aye: (5). Nay:
(0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of the regular meeting of July 7, 1997.
(6.2) Resolution Number 97-5175 authorizing the City Manager to execute
Certificates of Release from Environmental Condition Liability to Salina Regional
Health Center.
Moved by Commissioner Shadwick, seconded by Commissioner Jilka,
to approve the consent agenda including Resolution Number 97-5175. Aye:
(5) . Nay: (0) . Motion carried.
DEVELOPMENT BUSINESS
(7.1) Consider an ordinance revoking the tax exemption for property
formerly occupied by REMA Bakeware located at 625 E. North Street.
(7.1a) First reading Ordinance Number 97-9813.
Roy Dudark, Director
of Planning and
Community Development,
explained the history of this tax
exemption and the
policy
provisions for the
revocation, noting that REMA Bakeware operations
ceased
last month. He
asked the commission approve the
ordinance and to instruct
the clerk to send
it to the Saline County Treasurer
and the State Board
of Tax
Appeals.
Moved by Commissioner Heath, seconded by Commissioner Shadwick,
to approve Ordinance Number 97-9813 for first reading. Aye: (5). Nay:
(0) . Motion carried.
ADMINISTRATION
(8.1) First reading Ordinance Number 97-9814 establishing a limited
purpose multi-year Capital Improvements Fund to become known as the Flood
and Drainage Improvement Fund.
Dennis Kissinger, City Manager, noted this item was discussed in
Study Session a couple weeks ago and that the commission had directed staff
to investigate and try to find other long term methods of financing for
completion of similar type projects. He explained the proposed uses and
source of funds.
Moved by Commissioner Brungardt, seconded by Commissioner Jilka,
to approve Ordinance Number 97-9814 establishing the dedication of 1 mill to
be used on flood prevention and drainage system enhancements. Aye: (5).
Nay: (0). Motion carried.
(8.2) Resolution Number 97-5176 authorizing the Mayor to sign an
agreement with Wilson and Company for design related services for certain
improvements at the Water Treatment Plant, Project No. 97-1058, in an amount
not to exceed $414,700.
Don Hoff, Director of Engineering and Utilities, explained the need
for the proposed agreement, the two construction phases and recommended
approval.
Moved by Commissioner Shadwick, seconded by Commissioner Heath,
to approve Resolution Number 97-5176 authorizing the Mayor to sign an
agreement with Wilson and Company. Aye: (5) . Nay: (0) . Motion carried.
(8.3) Resolution Number 97-5177 initiating the improvement of a portion of
Ohio Street from Johnstown to Elm Streets, Project No. 97-1014.
Dennis Kissinger, City Manager, stated that items 8.3 and 8.4 are
legal housekeeping items to approve the use of bonds.
Action
97-1128
97-1129
97-1130
97-1131
Moved by Commissioner Brungardt, seconded by Commissioner Jilka,
to adopt Resolution Number 97-5177. Aye: (5). Nay: (0). Motion carried.
(8.4) Resolution Number 97-5178 declaring the intent of the City of Salina
to reimburse itself from bond proceeds for certain Magnolia Road improvements,
from Rockhurst to Belmont Boulevard, Project No. 97- X98,
Mayor Seaton called for a motion.
Moved by Commissioner Heath, seconded by Commissioner Shadwick,
to adopt Resolution Number 97-5178. Aye: (5). Nay: (0). Motion carried.
(8.5) Authorization of payment of appraisers' award and appraisers' fees in
connection with the acquisition of a tract of real estate at the intersection of
Ohio Street and Belmont Boulevard, Project No. 97-1032, by eminent domain.
Greg Bengtson, City Attorney, explained the acquisition of property
for the intersection improvements, Court Case CVC -171, and supported the
payments into the court, of $115,808 for appraisers' awards and $2,250 for
appraisers' fees, totaling $118,058, as appropriate compensation.
Moved by Commissioner Heath, seconded by Commissioner Shadwick,
to authorize staff to pay into the Clerk of the District Court in case number
CVC -171 the sum of $118,058 in payment of the appraisers' award of $115,808
and the appraisers' fees of $2,250. Aye: (5). Nay: (0). Motion carried.
(8.6) Consideration of a Letter of Intent to participate with the Corps of
Engineers in a Feasibility Cost -Sharing Agreement for flood levee improvements.
Dennis Kissinger, City Manager, reviewed the Reconnaissance Study,
and the proposed Feasibility Study to be done in 1998, to be completed in 2 to
3 years with the earliest construction in 2001. He noted that this is a key
policy decision point and explained the need for a statement of intent to
proceed to the next phase in the federal flood project process. He explained
financing with a property tax increase and the commission's options to either
authorize the Mayor to sign Letter "A" - A Statement of Intent to proceed to
the Feasibility Study Phase or Letter "B" - Notifying the Corps of Engineers
that the city does not wish to proceed beyond the Reconnaissance Phase.
John Arnold, 917 Twin Oaks Drive, qualified himself to speak on this
topic, and read a letter he had written to the editor of the Salina Journal.
When the Mayor asked if the Reconnaissance
Study had covered
alternatives to raising the levee, Shawn
O'Leary, Assistant
Director of
Engineering and Utilities, responded that to
some degree it
speaks
to that. It
is one of the anticipations of the feasibility
analysis that would be
considered,
although the deepening of the channel and
those kinds of
things
are thought
to be cost prohibitive versus the raising of the levee.
Each Commissioner spoke in support in Letter "B".
Moved by Commissioner Brungardt, seconded by Commissioner Heath,
to authorize the Mayor to sign Letter "B" - Notifying the Corps of Engineers
that the city does not wish to proceed beyond the Reconnaissance Phase.
Aye: (5) . Nay: (0) . Motion carried.
None.
OTHER BUSINESS
ADJOURNMENT
97-1132 Moved by Commissioner Brungardt, seconded by Commissioner Jilka,
that the Regular Meeting of the Board of Commissioners be adjourned. Aye:
(5). Nay: (0). Motion carried. The meeting adjourned at 4:45 p.m.
(SEAL) ATTEST:
u D. ng, CMC, ty Clerk
Peter F. Brungardt, Vice Mayor