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