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01-26-1998 MinutesCommission Action # cm... &,a a 98-13 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS JANUARY 26, 1998 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session to discuss the Annual State of the Arts Report at the Smoky Hill Museum. 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: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Judy D. Long, City Clerk Absent: None. None. None. CITIZEN FORUM AWARDS — PROCLAMATIONS PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on Petition Number 4156 requesting the vacation of a portion of the public street right-of-way on Columbia Avenue and Smoky Hill Drive. (5.1a) First reading Ordinance Number 98-9857. Mayor Seaton called the public hearing to order. Shawn O'Leary, Director of Engineering and General Services, explained the vacation request. He advised the Commission of an objection raised by one adjacent property owner who thought this would be quite a windfall and that maybe some value should be placed on the land since it wouldn't be developed for the petitioner's personal residence. The no cost property gain to the petitioner was followed by a discussion of prior property vacations to this petitioner and prior vacations of property in this same area. Harold Martin, 220 South Columbia, Petitioner, informed the Commission of the history of the requested property. He spoke of the benefit to the City of vacating the property which will eliminate the City's obligation for maintenance of the property and will place the property back on the tax roles. There being no other comments, the Mayor declared the public hearing closed. Moved by Commissioner Brungardt, seconded by Commissioner Jilka, to approve Ordinance Number 98-9857 for first reading. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of January 12, 1998. (6.2) Resolution Number 98-5236 authorizing the City Manager to execute an agreement with the firm of Denning and Young to provide indigent counsel services for the Salina Municipal Court. Action # 98-1365 98-1366 98-1367 Elffiffen 98-1369 98-1370 Moved by Commissioner Heath, seconded by Commissioner Shadwick, to approve the consent agenda as presented. Aye: (5) . Nay: (0) . Motion carried. DEVELOPMENT BUSINESS (7.1) Consider adoption of updated editions of building and related codes. (7.1a) First reading Ordinance Number 98-9852 adopting the Uniform Building Code. (7.1b) First reading Ordinance Number 98-9853 adopting the Uniform Plumbing Code. (7.1c) First reading Ordinance Number 98-9854 adopting the Uniform Mechanical Code. (7.1d) First reading Ordinance Number 98-9855 adopting the National Electric Code. (7.1e) First reading Ordinance Number 97-9856 adopting the Uniform Fire Code. Mike Peterson, Building Official, explained the necessity of adopting the updated versions of the codes. He informed the Commission that the Building Codes Advisory and Appeals Board has been studying these changes, except the Fire Code, for the past year and is recommending adoption of the changes. He noted that the Home Builders Association along with other contractors have been invited to attend these meetings and that a special meeting was held for input from local builders. He confirmed to the Commission that those affected by these changes are supportive of the changes. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve Ordinance Number 98-9852 for first reading. Aye: (5). Nay: (0) . Motion carried. Moved by Commissioner Brungardt, seconded by Commissioner Jilka, to approve Ordinance Number 98-9853 for first reading. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Jilka, seconded by Commissioner Brungardt, to approve Ordinance Number 98-9854 for first reading. Aye: (5). Nay: (0) . Motion carried. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to approve Ordinance Number 98-9855 for first reading. Aye: (5) . Nay: (0) . Motion carried. Moved by Commissioner Shadwick, seconded by Commissioner Brungardt, to approve Ordinance Number 98-9856 for first reading. Aye: (5). Nay: (0) . Motion carried. ADMINISTRATION (8.1) Second reading Ordinance Number 98-9851 establishing an impact fee for the Schilling Drainage Channel and Detention Basin. Dennis Kissinger, City Manger, noted that he had no new information to add and that he had not received any additional comments. He referred to lengthy staff reports and the City Manager's memo to the Commission noting this as a Revenue Policy Action. He explained the adoption process requiring four votes to adopt followed by a 60 day protest period. He presented one additional option which would charge $ .12 per cubic foot if inside the City or $ .179 per cubic foot if outside the city limits to use the ditch and detention basin. In closing he identified the proposed changes as forward looking cost and risk based. Dean Owens, representing some of the Schilling area property owners who own 320 acres with a vital interest in this impact fee, noted that the option staff now proposes is better however, the property owners continue to have two primary concerns. 1) The objection to the base fee remains. He noted that the base fee is based on the project cost partially funded with grant money, he explained how the cost is disproportionate to the benefit and that other benefiting properties within the city built prior to the requirements of Commission Action # C,,,.d,t,d.�In 98-1371 98-1372 98-1373 detention ponds do not have to pay anything and are not being assessed. 2) Noting a current exception, the property owners request that if adopted this ordinance be enforced consistently without further exceptions. In closing, he asked that the imposed rates be no higher than those now proposed by staff. Bob Wasko, attorney representing adjacent property owners, reaffirmed what Mr. Owens had said. He noted that $.12 per cubic foot was a little high but he was not opposed to it. Dennis Kissinger, City Manager, responded that staff agrees completely with consistent enforcement. The Mayor requested comments of each of the Commissioners and in turn, each Commissioner spoke in support of adopting the ordinance. The City Clerk read the amendment to the ordinance as requested. "Section 5. Imposition of fee. After the effective date of this ordinance, any owner of land who seeks to develop property located within the Benefit Area and elects to comply with stormwater runoff regulations through use of a portion of the excess capacity of the Drainage Structure shall be required to pay to the City an impact fee based upon the additional runoff generated by the development of the property (the "Impact Fee"). In recognition of the contribution of the general taxpayers of the City toward payment of the costs associated with maintaining and/or improving the Drainage Structure, the Impact Fee shall be $.12 per cubic foot of additional runoff generated by the development of property within the corporate limits of the City and $.179 per cubic foot of additional runoff generated by the development of property outside the corporate limits of the City." Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Ordinance Number 98-9851 on second reading amending Section 5. A roll call vote was taken. Aye: (5), Jilka, Brungardt, Shadwick, Heath, Seaton. Nay: (0). Motion carried. (8.2) Resolution Number 98-5237 authorizing the public sale of $3,900,000 principal amount of General Obligation Internal Improvement Bonds, Series 1998-A. Rodney Franz, Director of Finance and Administration, explained the use of the bonded funds which include subdivision improvements and the Magnolia Interchange. He also explained the payment schedule, the bond sale schedule, and that special assessments will have a split maturity date. Dennis Kissinger, City Manger, explained the history of funding with long term financing and the timing of payments. At the Mayor's request he explained that costs were lower than the original staff projection. Moved by Commissioner Brungardt, seconded by Commissioner Jilka, to adopt Resolution Number 98-5237. Aye: (5). Nay: (0). Motion carried. (8.3) Resolution Number 98-5235 authorizing the Mayor to execute a consent order and consent agreement with the Kansas Department of Health & Environment ("KDHE") to fund improvements to the City's Water Treatment Plant, Project No. 97-1058. Greg Bengtson, City Attorney, introduced Ilene Gaekwad who has joined his law office with expertise on this issue and deferred questions to Ms. Gaekwad and the staff report to the City Manager. Dennis Kissinger, City Manager, explained the agreement noting that this is a good option and less expensive than what was originally anticipated. Ilene Gaekwad, an associate with the law firm of Clark, Mize and Linville, noted that had the City not stepped forward when they did, the situation could have been financially devastating for property owners. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to adopt Resolution Number 98-5235. Aye: (5). Nay: (0). Motion carried. (8.4) Approval of the plans and specifications for Water Plant Improvements, Project No. 97- 1058. Don Hoff, Director of Utilities, explained the project details. Action A 98-1374 98-1375 98-1376 98-1377 Moved by Commissioner Brungardt, seconded by Commissioner Heath, to approve the filing of plans and specifications for Project No. 97-1058, Water Plant Improvements and direct staff to set a date to receive bids. Aye: (5). Nay: (0). Motion carried. (8.5) Approval of the 1998 Vehicles and Equipment Plan and authorization to seek bids for Phase I. Darron Leiker, Assistant to the City Manager, explained the proposed vehicle and equipment purchases. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to approve the 1998 Vehicles and Equipment Plan and authorize staff to set a bid date. Aye: (5) . Nay: (0) . Motion carried. (8.6) Approval of the 1998 Public Buildings and Facilities Program and authorization to proceed with Phase 1. Darron Leiker, Assistant to the City Manager, explained the proposed plan. He clarified that plans and specifications will be prepared for each project, competitive bids will be obtained prior to construction and that it is anticipated that all projects will be completed during 1998. Moved by Commissioner Jilka, seconded by Commissioner Heath, to approve the 1998 Public Buildings and Facilities Program and authorize staff to set necessary bid dates for Phase 1. Aye: (5). Nay: (0). Motion carried. None. OTHER BUSINESS ADJOURNMENT 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 5:00 p.m. ristin M. Ston, Mayor [ SEAL] ATTEST: Ju D. Lo g, CMC, City Clerk