11-24-1997 MinutesAction
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
NOVEMBER 24, 1997
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session to discuss the
C. 1. P. Project Status Report, the 1997 Finance Overview and the
Groundwater/KDHE Update. The Regular Meeting of the Board of
Commissioners was called to order at 4:00 p.m. in Room 107, City -County
Building. 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
CITIZEN FORUM
William Lutey, 513 S. Phillips, spoke against the park improvements
published in the newspaper regarding new restrooms . He noted he has begun
a petition stating that $60,000 could be put to better use.
Dennis Kissinger, City Manager, responded that it has passed the
Parks and Recreation Advisory Board and that the City Commission has not
voted on the improvements yet.
AWARDS - PROCLAMATIONS
(4.1) The Day of December 1, 1997 as WORLD AIDS DAY in the City of
Salina. The proclamation was read by Margie Bruner, member of the Salina
Area Aids Task Force.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on street and utility improvements in Chapel Ridge
Subdivision, Belmont Plaza Addition, Tasker Addition, Valley View Addition,
Nord Subdivision and Wallerius Addition, Project No. 96-971; Schilling Road
Improvements, Project No. 95-928; and Magnolia Interchange Improvements,
Project No. 95-924.
(5.1a) First reading Ordinance Number 97-9840
Mayor Seaton called the public hearing to order.
Shawn O'Leary, Director of Engineering, gave the staff report and
explained that the final costs have been calculated and that this hearing is to
discuss the assessments to the lots in the benefit district.
David Clark, 2524 Simmons St., stated that he was the only person
on his block to receive a special assessment letter. He did not agree with the
amount assessed.
Mr. O'Leary noted that only commercial propertieswere to have been
assessed for the Magnolia Interchange improvements and he would visit with
Mr. Clark.
There being no other comments, the Mayor declared the public
hearing closed.
97-1286 Moved by Commissioner Heath, seconded by Commissioner Shadwick,
to approve Ordinance Number 97-9840 for first reading. Aye: (5). Nay:
(0). Motion carried.
Action
97-1287
97-1288
97-1289
(5.2) Public hearing and report on Petition No. 4152 requesting the
vacation of a public utility easement in the Shoney's Addition.
(5.2a) First reading Ordinance Number 97-9841.
Mayor Seaton called the public hearing to order.
Shawn O'Leary, Director of Engineering, explained the request and
staff's recommendation to approve the vacation.
Tim Frederking, Del's Electronics, explained the need for the area
and that there were no objections by the neighbors.
There being no other comments, the Mayor declared the public
hearing closed.
Moved by Commissioner Brungardt, seconded by Commissioner Jilka,
to approve Ordinance Number 97-9841 for first reading. Aye: (5). Nay:
(0) . Motion carried.
(5.3) Public hearing and report on Petition No. 4153 requesting the
vacation of the public drainage easement in Belmont Plaza Addition. (Continue
public hearing until December 8, 1997)
Mayor Seaton called the public hearing to order.
Shawn O'Leary, Director of Engineering, explained the request and
staff's recommendation to continue the public hearing until Monday, December
8, 1997.
Greg Bengtson, City Attorney, stated that this ordinance would
qualify for emergency status allowing for both readings on the same day.
Norm Yenkey, 2233 Markley Rd., indicated there would be no
problem if the time was not extended. He explained his reason for this
request and his intentions for the detention ponds. He accepted staff's
recommendation with commission concurrence that both readings will be held on
the same day.
Walley Storey, 222 S. Santa Fe, spoke with property owners and
attorneys who said they have worked everything out.
There being no other comments, the Mayor declared the public
hearing closed .
Moved by Commissioner Brungardt, seconded by Commissioner
Shadwick, to continue the public hearing until Monday, December 8, 1997.
Aye: (5) . Nay: (0) . Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of November 17, 1997.
(6.2) Resolution Number 97-5219 setting the public hearing date for the
1997 dangerous structures program to January 5, 1998.
(6.3) Reschedule appeal hearing on taxi driver license denial of Gary
Galbraith to December 22, 1997.
Moved by Commissioner Shadwick, seconded by Commissioner Heath,
to approve the consent agenda as presented. Aye: (5) . Nay: (0) . Motion
carried.
None.
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Second reading Ordinance Number 97-9832 providing for the addition
of Section 36-81 to Chapter 36 of the Salina Code pertaining to subdivision
regulations, particularly the dedication of land for parks or payment of fee in
lieu of dedication.
Action
97-1290
97-1291
97-1292
97-12931
Dennis Kissinger, City Manager, reviewed the proposed addition to
the Salina Code and the staff report given to the City Commissioners in the
November 17, 1997 Study Session. He explained the recommendation to use
K.S.A. 12-137 to implement impact fees in already platted areas, the deletion
of a controversial provision for mandating a land dedication, and the increase
of the new service areas from 5 to 9. He noted that if the governing body
did not support the creation and use of impact fees for new areas, staff would
need direction regarding use of existing general tax resources or a plan that
could involve city-wide tax increases for this purpose.
In closing Mr. Kissinger gave the staff recommendation to return
this ordinance to the City Planning Commission for its reconsideration, with
the reconsideration and public hearing to include:
1. The revised map of the proposed park service area.
2. The removal from the proposed subdivision ordinance
the
sections referring to existing subdivisions. The City Attorney
will
have a draft of the separate K.S.A. 12-137 park impact
fee
ordinance available to the City Planning Commission, though they
will
not take action on it.
3. The deletion of any requirement for mandatory dedication
of
park land. Any dedication would require mutual agreement of
the
developer and the City.
4. Any other direction the City Commission believes is appropriate
for the City Planning Commission.
Bob Haworth, 913 Twin Oaks Dr., asked for clarification
of
non -mandatory land dedication.
Mr. Kissinger explained that it is exactly as requested further
clarifying that the City always has the right to purchase land.
Moved by Commissioner Brungardt, seconded by Commissioner Heath,
to approve the staff recommendation to return Ordinance Number 97-9832 to
the City Planning Commission for its reconsideration, with the reconsideration
and public hearing to include those items as presented by the City Manager.
Nay: (0) . Motion carried.
(8.2) Second reading Ordinance Number 97-9838 amending the fire -flow
requirements in Holiday Resorts Addition.
Moved by Commissioner Shadwick, seconded by Commissioner Heath,
to adopt Ordinance Number 97-9838 on second reading. A roll call vote was
taken. Aye: (5), Jilka, Brungardt, Shadwick, Heath, Seaton. Nay: (0).
Motion carried.
(8.3) Resolution Number 97-5216 amending the Personnel Manual.
Michael Morgan, Deputy City Manager, explained the proposed minor
changes to the Personnel Manual.
Moved by Commissioner Heath, seconded by Commissioner Shadwick,
to adopt Resolution Number 97-5216. Aye: (5). Nay: (0). Motion carried.
(8.4) Resolution Number 97-5217 authorizing the Mayor to execute an
agreement with Appleby and Marsh for architectural services for the renovation
of wellhouses, Project No. 97-1083.
Don Hoff, Director of Utilities, explained the need for the renovation
of the well houses and the Architectural Services Agreement.
Moved by Commissioner Jilka, seconded by Commissioner Brungardt,
to adopt Resolution Number 97-5217 approving the agreement for architectural
services in an amount not to exceed $9,600.00. Aye: (5). Nay: (0). Motion
carried.
(8.5) Resolution Number 97-5218 authorizing and directing the issuance,
sale and delivery of $4,090,000 principal amount General Obligation Municipal
Temporary Notes, Series 1997-3.
Rod Franz, Director of Finance and Administration, explained the
bids received earlier today and the recommendation to approve the sale of the
notes to the lowest and best bidder, UMB Bank, N.A. for a total interest cost
of $209,612.50 plus discount of $9,202.50 for a Net Interest Cost of
$218,815.00 at an average annual Net Interest Rate of 4.2800%.
Action
97-1294 Moved by Commissioner Shadwick, seconded by Commissioner
Brungardt, to approve the sale of the notes to UMB Bank and adopt Resolution
Number 97-5218. Aye: (5) . Nay: (0) . Motion carried.
(8.6) First reading Ordinance Number 97-9839 authorizing the execution of
a loan agreement with the State of Kansas for the purpose of financing a
public water supply project.
Rod Franz, Director of Finance and Administration, explained the
loan agreement for financing improvements to the City's Water Treatment
Facility that will help to resolve the groundwater contaminations problems in
central Salina.
97-1295 Moved by Commissioner Heath, seconded by Commissioner Brungardt,
to approve Ordinance Number 97-9839 for first reading. Aye: (5). Nay:
(0) . Motion carried.
(8.7) Resolution Number 97-5220 authorizing the Mayor to execute an
agreement with Salina Unified School District No. 305 implementing Salina's
School Resource Officer Program.
Jim Hill, Chief of Police, explained the operating agreement that will
act as a framework for the implementation and operation of the pilot School
Resource Officer program.
97-1296 Moved by Commissioner Shadwick, seconded by Commissioner Jilka,
to adopt Resolution Number 97-5220. Aye: (5) . Nay: (0) . Motion carried.
(9.1) None.
OTHER BUSINESS
ADJOURNMENT
97-1297 Moved by Commissioner Brungardt, seconded by Commissioner Heath,
that the Regular Meeting of the Board of Commissioners be adjourned.
Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:01 p.m.
i�
K istin M. aton, Mayor
[ SEAL]
ATTEST:
D . ong , CMC , ty Clerk