11-09-1998 MinutesCommission
Action #
98-1779
'ITY OF SALINA, KANSAS
:EGULAR MEETING OF THE BOARD OF COMMISSIONERS
fovember 9, 1998
:00 P.M.
he City Commission convened at 3:30 p.m. in a Study Session for an Open Citizens' Forum. The
egular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City-
ounty Building. A roll call was taken followed by the Pledge of Allegiance and a moment of
were present:
Mayor Peter F. Brungardt, Chairman presiding
Commissioner Kristin M. Seaton
Commissioner Monte Shadwick
Commissioner Don Heath
Commissioner Alan Jilka
ising a quorum of the Board, also present:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Judy D. Long, City Clerk
None.
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The Week of November 15th through 21st, 1998 as NATIONAL GEOGRAPHY
AWARENESS WEEK in the city of Salina. The proclamation was read by student Casey Jo Keller.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(6.1)
None.
CONSENT AGENDA
Approve the minutes of November 2, 1998.
(6.2) Petition Number 4169, filed by Mr. Norman Riffel, requesting certain street and utility
improvements in Riffel Addition.
(6.3) Petition Numbers 4171 and 4172, filed by Mr. Stan Byquist, requesting certain street,
utility and drainage improvements in Eastview Estates Addition.
(6.4) Resolution Number 98-5359 authorizing the Mayor to execute a supplemental
agreement with Union Pacific Railroad Company for pipeline encroachment.
Moved by Commissioner Seaton, seconded by Commissioner Jilka, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application Nos. P974A, P97 -5A, P98 -6A, P98 -8A and P98 -5A, filed by the Salina
Airport Authority, requesting approval of a replat of five subareas within the Schilling Subdivision.
Roy Dudark, Director of Planning and Community Development, gave the staff report.
Tim Rogers, Executive Director of the Salina Airport Authority, spoke regarding the
replatting project.
Commission
Action #
•• •I
98-1781
98-1782
98-1783
Moved by Commissioner Heath, seconded by Commissioner Shadwick, to approve the
Aye: (5). Nay: (0). Motion carried.
2) Second reading Ordinance Number 98-9870 rezoning property located at 1615 W.
ignolia Road from I-2, Light Industrial District, to PDD, Planned Development District.
Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt
Number 98-9870 on second reading. A roll call vote was taken. Aye: (5), Jilka,
Seaton, Heath, Brungardt. Nay: (0). Motion carried.
ADMINISTRATION
1) Second reading Ordinance Number 98-9900 levying the annual Business Improvement
>trict service fees for 1999.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt
irdinance Number 98-9900 on second reading. A roll call vote was taken. Aye: (5), Jilka,
hadwick, Seaton, Heath, Brungardt. Nay: (0). Motion carried.
(8.2) First reading Ordinance Number 98-9901 levying a quarter percent retailers' sales tax
beginning January 1, 1999, and ending June 30, 2004, with the proceeds to purchase instructional
technology and career/technical education equipment, services and training for U. S.D. #305.
Dennis Kissinger, City Manager, explained.
Moved by Commissioner Jilka, seconded by Commissioner Seaton, to approve
Number 98-9901 for first reading. Aye: (5). Nay: (0). Motion carried.
(8.3) Resolution Number 98-5360 authorizing the Mayor to execute Supplemental Agreement
No. 1 with Wilson & Company for post -design services for Wastewater Pump Station Nos. 12 and
35; Project No. 97-1048A.
Don Hoff, Director of Utilities, explained the agreement.
98-1784 Moved by Commissioner Heath, seconded by Commissioner Seaton, to adopt
Resolution Number 98-5360. Aye: (5). Nay: (0). Motion carried.
(8.4) 1998 Sidewalk Program, Project No. 98-1150, Resolutions of Authorization and
authorization to establish a bid date for the project.
Shawn O'Leary, Director of Engineering and General Services, explained the project
noting that the City's share of project costs will be paid using Special Gas Tax funds along with long
term financing for those partially special assessed. It is estimated that the City's share of project
costs is $133,004.38 while the property owners' share is estimated to be $42,319.49. He explained
the protest petition received from the Republic Avenue area is invalid noting that though it does
contain the majority of owners (8 out of 15) Kansas Statutes require both majority by number and
area, and it was submitted too early.
Dennis Kissinger, City Manager, recommended that item 8.4a (for the Republic Area
protested) be tabled for one week to allow the city attorney to look at the benefit district boundaries.
He then expounded on the need for sidewalks in this area and an 80/20 cost split between the City an
the property owners.
Sharon Rehmert, 1323 W. Republic Avenue, representing homeowners that filed the
petition, clarified that the protest petition had 9 signatures not 8 as was reported and is over 51%
and that they are 1 owner away on square footage.
Mr. Kissinger responded that statute requires total square footage of the benefit district
be secured and that the footage owned by the school district overwhelms that of the residential home
owners. He acknowledged her possible frustration that the school district gets the majority vote and
clarified that is why it has been suggested the matter be tabled for 1 week so that the matter of total
area can be looked at to tell her what a valid protest would require.
Commission
Action #
Ms. Rehmert indicated she felt that even with 100% signatures protesting that the
project would be approved.
Mr. Kissinger responded that approval of the project was not a foregone conclusion and
it will be up to the City Commission to determine if it was a good project or not. He also noted
it was a good deal for the property owners at only 20% of the cost.
Ms. Rehmert stated that though she didn't want to throw money away, the issue was
that she did not want a sidewalk on her property.
Mr. Kissinger noted that was legitimate and confirmed for Ms. Rehmert that it is the
home owners responsibility to keep the sidewalks cleared from snow. He then elaborated on a
program, through the Parks and Recreation Department, to provide snow removal for the elderly and
physically challenged. He also noted that a sidewalk on property was value added.
Mayor Brungardt noted that there will not be a problem getting Ms. Rehmert the
information needed for a protest petition and spoke in support of putting in the sidewalk due to the
school in the area.
(8.4a) Resolution Number 98-5361.
98-1785 Moved by Commissioner Shadwick, seconded by Commissioner Heath, to table
Resolution Number 98-5361 for one week. Aye: (5). Nay: (0). Motion carried.
(8.4b) Resolution Number 98-5362.
98-1786 Moved by Commissioner Seaton, seconded by Commissioner Jilka, to adopt Resolution
Number 98-5362. Aye: (5). Nay: (0). Motion carried.
(8.4c) Resolution Number 98-5363.
_98-1787 Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to adopt
Resolution Number 98-5363. Aye: (5). Nay: (0). Motion carried.
(8.4d) Resolution Number 98-5364.
98-1788 Moved by Commissioner Seaton, seconded by Commissioner Heath, to adopt
Resolution Number 98-5364. Aye: (5). Nay: (0). Motion carried.
(8.4e) Resolution Number 98-5365.
98-1789 Moved by Commissioner Heath, seconded by Commissioner Shadwick, to adopt
Resolution Number 98-5365. Aye: (5). Nay: (0). Motion carried.
(8.4f) Resolution Number 98-5366.
98-1790 Moved by Commissioner Jilka, seconded by Commissioner Seaton, to adopt Resolution
Number 98-5366. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
None.
ADJOURNMENT
98-1791 Moved by Commissioner Heath, 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 4:47 p.m. P���
Peter F. Brungardt, Mayor
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