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03-16-1998 MinutesCommission Action # —98-1424 98-1425 �: 98-1427 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS MARCH 16,1998 4:00 p.m. The City Commission convened at 3:00 p.m. in a Study Session to discuss miscellaneous staff reports. 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 Judy D. Long, City Clerk None. None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) Resolution Number 98-5254 expressing gratitude and appreciation to Personnel Director Melvin E. Abbott for his employment with the City from March 21, 1968 to April 1, 1998. Moved by Commissioner Brungardt, seconded by Commissioner Jilka, to adopt Resolution Number 98-5254. Aye: (5). Nay: (0). Motion carried. (4.2) Resolution Number 98-5255 expressing gratitude and appreciation to Fire Engineer/EMT Richard S. Funke for his employment with the City from July 14, 1966 to April 1, 1998. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Resolution Number 98-5255. Aye: (5). Nay: (0). Motion carried. (4.3) Resolution Number 98-5256 expressing gratitude and appreciation to Fire Inspector Thomas W. Gott for his employment with the City from September 1, 1966 to April 1, 1998. Moved by Commissioner Jilka, seconded by Commissioner Brungardt, to adopt Resolution Number 98-5256. Aye: (5). Nay: (0). Motion carried. (4.4) Resolution Number 98-5257 expressing gratitude and appreciation to Utility Maintenance Worker I Charles D. Robinson for his employment with the City from August 4, 1986 to April 1, 1998. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to adopt Resolution Number 98-5257. Aye: (5). Nay: (0). Motion carried. (4.5) The month of March as PROFESSIONAL SOCIAL WORK CENTENNIAL MONTH in the city of Salina. The proclamation was read by Wayne Senger, representing the Smoky Hill Association of Social Workers. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing on reauthorization of the Neighborhood Revitalization Plan. (5.1a) Second reading Ordinance Number 98-9859 reauthorizing the Neighborhood Revitalization Program. (5.1b) Resolution Number 98-5253 authorizing interlocal agreements. Mayor Seaton called the public hearing to order. Commission Action # 98-1429 Roy Dudark, Director of Planning and Community Development, gave the staff report explaining that the current two year program, commonly known as the "Tax Rebate Program," the request to continue it for an additional five years, and the associated interlocal agreements which formalize the participation of other groups. Nick Slechta, representing Salina Downtown, Inc. and the Business Improvement District No. 1 Advisory Board, spoke in favor of the program noting the tremendous success of over two million dollars in investments in the first two years of the program. There being no other comments, the Mayor declared the public hearing closed. Moved by Commissioner Brungardt, seconded by Commissioner Jilka, to adopt Ordinance Number 98-9859 on second reading. A roll call vote was taken. Aye: (5) Heath, Shadwick, Brungardt, Jilka, Seaton. Nay: (0). Motion carried. Moved by Commissioner Jilka, seconded by Commissioner Heath, to adopt Resolution Number 98-5253. Aye: (5). Nay: (0). Motion carried. (5.2) Public Hearing and report on Petition No. 4157 filed by Lonnie Wilson requesting improvements on State Street. (5.2a) Resolution Number 98-5252, advisability and intent. Mayor Seaton called the public hearing to order. Shawn O'Leary, Director of Engineering and General Services, gave the engineering feasibility report explaining the petition for the installation of utility improvements. He noted that the petition signatures represent 59% of the owners of record in the area liable for assessments and that the petition clearly meets the statute requirement for sufficiency and is valid. Dennis Hronek, speaking on behalf of Faith Hronek a property owner in the benefit district, explained the economic impact on the salvage scrap metal business in place since 1958. He noted that he complied with the request to clear the west side of the property on Cherry Street and now has been requested to clear the east side of the property. He indicated he is half through with the second cleaning request and is already spending money on clearing areas of this property at the request of the City. He stated that on Friday of the past week, he was informed of the request for $1,200 for a water line. He asked what had happened to consensus and why Lonnie Wilson had not talked to him. He clarified that the Notice was sent last Wednesday, he received it last Friday and had to cancel meetings in order to be here today. He is requesting the same 15 year deferral as the owner of the large tract on the south side of State Street until the property can be platted, or for the delay of this project at least a year until the most recent request to clear the property is finished before taking on another one. Gary Wooster, property owner, is concerned about the need and the cost for the water line. He felt the petition is flawed in two ways. The eight houses in the benefit district are already hooked up to city water, also, does not believe 59% of the property owners are represented as only three of the eleven owners have signed the petition. He requests that the petition be denied. Shawn O'Leary, Director of Engineering and General Services, responded to Mr. Wooster's concerns explaining that the houses are connected to a private 2 inch water line not a public line. The percentage of the owners liable for the assessment is in regard to the percentage of area owned by the petitioners which does represent 59% and therefore the petition is valid. Lonnie Wilson, petitioner, explained the need for the water line request. He described his discussions with staff over the past few years concerning the development of his property in this area that led to the decision to place a storage building on the property. When he applied for a building permit the vacated Orange Street had to be replatted on both sides. Believing all was in order he ordered a metal building for $34,000. When the building arrived he was informed a $36,000 water line was needed to issue the building permit. He stated that staff suggested the benefit district and that without the benefit district he will move the purchased building into the county and the leave the ground vacant for another 50 years. Mr. O'Leary responded to Commission inquiry explaining the decision on the benefit district's southern boundary. Dennis Kissinger, City Manager, commented on a non -unanimous improvement explaining the concept of majority making valid petition for improvements. He noted that this is consistent with policies for development and fire protection, and that the other owners can hook up to the new water line if they want to. He clarified that the question to the Commission was to evaluate and determine the public interest to extend the water line across the channel. He informed the Commission that deferral is only available for agricultural ground under state law. Roy Dudark, Director of Planning and Community Development, confirmed that the other properties are platted and developed, and therefore do not qualify for deferral under state law. Commission Action # 98-1430 98-1431 98-1432 —98-1433 Mr. Wooster spoke again informing the Commission that he had spoken with most of the other property owners who are against this improvement and willing to sign a petition against the proj ect. Mr. Kissinger stated that a protest petition would not invalidate this petition by state law since the owners of the majority of the property signed this petition. He clarified that the owners of large properties can out -vote owners of smaller properties. Mr. O'Leary informed the Commission that the improvements would be built this summer, completed this fall, assessments will be levied next spring, with the first payment becoming due in 1999. At Commission request he then re -explained his reason for supporting the petition which is for fire protection and the movement of water across Dry Creek Channel to the west side for the first time. Don Hoff, Director of Utilities, explained that the City will pick up the cost for the oversizing of the line for future growth and that the project will not be complete until lines run down Cherry Street. Mr. Hronek felt this process wasn't fair, asking why there wasn't discussion before this action was taken. He indicated he doesn't think he would benefit from the fire protection because he is too far away from State Street. Mr. Wilson said he understood that there could be no further development until this fire line goes in, and Mr. Kissinger confirmed this to be true. There being no other comments, the Mayor declared the public hearing closed. Commission Brungardt stated that Mr. Hronek's point for more discussion earlier was valid. That point aside however, he felt fire safety, water quality and that this is a valid petition forces the Commission's hand and he so supports the petition. He noted that at some point areas have to conform and catch up to other areas. Moved by Commissioner Brungardt, seconded by Commissioner Shadwick, to adopt Resolution Number 98-5252 and accept the feasibility report. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of March 2, 1998. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #P98-1/lA, filed by Daniel King, requesting approval of a replat of Part of Blocks 5 & 6 of the Replat of the Schippel Addition to create eight building lots at the northwest corner of Albert & Ohio Streets. Roy Dudark, Director of Planning and Community Development, explained the replat request. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to approve the application and authorize the Mayor to sign the plat and accept dedications. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance Number 98-9860 providing for the rezoning of a 2.9 acre tract of land on the West side of South Ohio, between Schippel Drive and Albert Avenue, from C-3, Shopping Center District, to PC -2, Planned Neighborhood Shopping District in the 1900 Block of South Ohio Street. Moved by Commissioner Brungardt, seconded by Commissioner Jilka, to adopt Ordinance Number 98-9860 on second reading. A roll call vote was taken. Aye: (5), Heath, Shadwick, Brungardt, Jilka, Seaton. Nay: (0). Motion carried. (8.2) Award of contract for the Underground Cable Installation Project No. 98-1086. Don Hoff, Director of Utilities, explained the project and the bids received March 10, 1998. 98-1434 Moved by Commissioner Jilka, seconded by Commissioner Brungardt, to award the contract for the Underground Cable Installation, Project No. 98-1086 to TBS Construction, Chanute, in an amount not to exceed $89,800.00. Aye: (5). Nay: (0). Motion carried. Commission Action # (8.3) Resolution Number 98-5260 authorizing the Mayor to execute an agreement concurring with the award of contract by KDOT for the Walnut Street Bridge Replacement, KDOT Project No. 85 U- 1664-01, Engineering Project No. 97-1068. Shawn O'Leary, Director of Engineering and General Services, explained the project and the necessity for the allocation of additional funds. 98-1435 Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Resolution Number 98-5260 concurring with the award of contract by KDOT for the Walnut Street Bridge Replacement, and authorize additional funds from the Capital Improvement Program contingency fund. Aye: (5). Nay: (0). Motion carried. (8.4) Citizen comments on possible swimming pool project for the City's future Capital Improvement Plan. Doug Birdsong, 1501 E. Ellsworth, asked the Commission to form a citizens' task force to look at a new swimming pool for South Salina noting that the City is currently served by two outdated pools. Steve Snyder answered questions from the Commission. He stated that an additional municipal pool was identified and submitted in the Capital Improvement Plan several years as unfunded and that no further study has been done. Regarding the current pools, he stated that the Carver Pool is one quarter the size of the Kenwood Pool and has a 100 individual maximum while the Kenwood Pool has a 400 individual maximum. Regarding usage he stated that usage is fairly steady at both pools and that both pools reach concern levels, at times, during the summer. He confirmed that Salina is in need of an additional pool by national standards. Dennis Kissinger explained that this would be discussed in April and May Study Sessions, and followed up with a report. He explained there is a Commission policy for grass roots development and it will be for the Commission to decide in April regarding an expense from 1.7 million to as much as 4 million dollars. He recommended that no action be taken today and that staff be directed to bring the matter back to the Commission in April, noting a minimum of 6 months needed for research. Mayor Seaton asked for an options paper in April when the Commission will be looking at the Capital Improvement Plan. Commissioner Jilka noted his awareness of public support for this matter last year and expressed his support. Mr. Birdsong asked if the group would get an answer regarding the task force in April, and the Mayor informed him that the Commission will get direction from staff. OTHER BUSINESS (9.1) Mayor Seaton announced that 1) the next meeting of the Board of Commissioners will be on April 6, 1998; 2) that Salina had received a 1997 Tree City U.S.A. Award; and 3) she thanked the "Snow Fighters" on a job well done during the recent snow storm. (8.5) Request for Executive Session to discuss legal and personnel matters. 98-1436 Moved by Commissioner Shadwick, seconded by Commissioner Heath, to recess into executive session for the purpose of discussing (a) a matter which is subject to the atttorney-client privilege, for the reason that public discussion would waive the privilege and would potentially jeopardize the City's position in the matter to be discussed; and (b) a personnel matter involving non -elected city employees, for the reason that public discussion would invade the privacy rights of the employees; and that the City Commission reconvene in this room in 10 minutes or at 5:20 p.m. The Board of Commissioners recessed at 5:10 p.m. and reconvened at 5:20 p.m. No action was taken. ADJOURNMENT 98-1437 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 5:24 p.m. [SEAL] Istin M. Seaton, ayor ATTEST: Ju D. L g, CMC, �Ciitylerk