12-21-1998 MinutesCommission
Action #
98-1828
98-1829
98-1830
98-1831
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
DECEMBER 21, 1998
4:00 p.m.
The City Commission convened at 3:30 p.m. in a Study Session for an "open forum" period. 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 Peter F. Brungardt, Chairman presiding
Commissioner Kristin M. Seaton
Commissioner Monte Shadwick
Commissioner Don Heath
Commissioner Alan Jilka
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 98-5394 expressing gratitude and appreciation to Sanitation Driver
Duane L. Naegele for his employment with the City of Salina from October 6, 1960 to December
31, 1998.
Moved by Commissioner Seaton, seconded by Commissioner Jilka, to adopt Resolution
Number 98-5394. Aye: (5). Nay: (0). Motion carried.
(4.2) Resolution Number 98-5395 expressing gratitude and appreciation to Maintenance
Worker I Dean D. Graybeal for his employment with the City of Salina from May 16, 1964 to
December 15, 1971 and February 26, 1973 to December 31, 1998.
Moved by Commissioner Seaton, seconded by Commissioner Jilka, to adopt Resolution
Number 98-5395. Aye: (5). Nay: (0). Motion carried.
(4.3) Resolution Number 98-5396 expressing gratitude and appreciation to Fire Marshal Jerry
M. Scott for his employment with the City of Salina from June 1, 1967 to December 31, 1998.
Moved by Commissioner Heath, seconded by Commissioner Shadwick, to adopt
Resolution Number 98-5396. Aye: (5). Nay: (0). Motion carried.
(4.4) Resolution Number 98-5397 expressing gratitude and appreciation to Custodian I Wayne
C. Clark for his employment with the City of Salina from June 1, 1969 to December 31, 1998.
Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to adopt
Resolution Number 98-5397. Aye: (5). Nay: (0). Motion carried.
(4.5) The Mayor presented plaques of appreciation to former Employee Council members.
Commission
Action #
98-1832
98-1833
98-1835
98-1837
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of December 7, 1998.
(6.2) Resolution Number 98-5398 prescribing the corporate limits of the City of Salina.
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 #P98 -3A, filed by David Tillberg, Michael Murray and Cheryl Tillberg
Murray and Dan Meinhardt and Tim Howison d.b.a. Golden Eagle Estates, Inc. requesting approval
of a final plat of the River Trail Addition.
Roy Dudark, Director of Planning and Community Development, gave the staff report
explaining the location and layout of the addition. To Commissioner Shadwick's inquiry regarding
road widening in the future, Mr. Dudark explained the use of a restrictive covenant recorded with
the Register of Deeds and the availability of information from staff He also noted that there is no
requirement for the developer to inform purchasers of future road widening. To Commissioner
Heath's inquiry regarding the Park Impact Fee in addition to the park land dedication, Mr. Dudark
indicated Lots 3 - 12, Block 3 and Lots 7 - 9, Block 5 will be assessed unless additional park land is
dedicated from Golden Eagle Estates prior to issuance of building permits.
Moved by Commissioner Seaton, seconded by Commissioner Jila, to approve
Application #P98 -3A approving the final plat of the River Trail Addition. Aye: (5). Nay: (0).
Motion carried.
(7.2) Application #A98-2, filed by David Tillberg, Michael Murray and Cheryl Tillberg Murray
and Dan Meinhardt and Tim Howison, d.b.a. Golden Eagle Estates, Inc., requesting annexation of
River Trail Addition.
Roy Dudark, Director of Planning and Community Development, gave the staff report.
(7.2a) First reading Ordinance Number 98-9878.
Moved by Commissioner Heath, seconded by Commissioner Seaton, to approve
Ordinance Number 98-9878 for first reading, annexing River Trail Addition. Aye: (5). Nay: (0).
Motion carried.
(7.2b) Declare an emergency exists in order to have second reading on the same day.
Moved by Commissioner Seaton, seconded by Commissioner Heath, to declare an
emergency exists in order to have second reading on the same day. Aye: (5). Nay: (0). Motion
carried.
(7.2c) Second reading Ordinance Number 98-9878.
Moved by Commissioner Seaton, seconded by Commissioner Shadwick, to adopt
Ordinance Number 98-9878 on second reading annexing River Trail Addition. A roll call vote was
tak-,n. Aye: (5), Jilka, Seaton, Shadwick, Heath, Brungardt. Nay: (0). Motion carried.
(7.3) Second reading Ordinance Number 98-9879 changing the zoning from Saline County
AG, Agricultural District, to R-1, Single Family Residential District, and R-2, Multiple Family
Residential District, in the River Trail Addition.
Moved by Commissioner Heath, seconded by Commissioner Shadwick, to adopt
Ordinance Number 98-9879 on second reading changing the zoning from Saline County AG, to R-1,
Single Family Residential and R-2 Multi -Family Residential in River Trail Addition. A roll call vote
was taken. Aye: (5), Jilka, Seaton, Shadwick, Heath, Brungardt. Nay: (0). Motion carried.
Commission
Action #
98-1838
98-1839
98-1842
(7.4) Application #Z98-19, filed by the Salina City Planning Commission, requesting the
rezoning of property located at 2003 - 2005 S. Ohio from C-1, Restricted Business District, and C-
5, Service Commercial District, to C-3, Shopping Center District.
(7.4a) First reading Ordinance Number 98-9905.
Roy Dudark, Director of Planning and Community Development, explained the rezoning
request.
Moved by Commissioner Seaton, seconded by Commissioner Jilka, to approve
Application #Z98-19 changing the zoning of this area to a C-3; Ordinance Number 98-9905 for first
reading. Aye: (5). Nay: (0). Motion carried.
(7.5) Application #A98-8, filed by Eric Hardman on behalf of the Melody H. Hardman Trust,
Russell and Doriene Sleek and Philip and Glenda Krug, requesting annexation of property known as
1318, 1414 and 1500 S. Marymount Road.
(7.5a) First reading Ordinance Number 98-9906.
Roy Dudark, Director of Planning and Community Development, explained the
annexation request.
Moved by Commissioner Heath, seconded by Commissioner Shadwick, to approve
Ordinance Number 98-9906 for first reading resulting in the annexation of property known as 1318,
1414 and 1500 S. Marymount Road. Aye: (5). Nay: (0). Motion carried.
(7.5b) Declare an emergency exists in order to have second reading on the same day.
Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to declare an
emergency exists in order to have second reading on the same day. Aye: (5). Nay: (0). Motion
carried.
(7.5c) Second reading Ordinance Number 98-9906.
Moved by Commissioner Jilka, seconded by Commissioner Seaton, to approve on
second reading Ordinance Number 98-9906. A roll call vote was taken. Aye: (5), Heath, Shadwick,
Seaton, Jilka, Brungardt. Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Second reading Charter Ordinance Number 30 relating to the salaries of members of the
governing body.
Mayor Brungardt explained the item.
Moved by Commissioner Heath, seconded by Commissioner Seaton, to approve on
second reading Charter Ordinance Number 30 relating to the salaries of members of the governing
body. A roll call vote was taken. Aye: (5), Jilka, Seaton, Shadwick, Heath, Brungardt. Nay: (0).
Motion carried.
(8.2) Consideration of extending the completion date for the 1998 Solid Waste Venture Grant
program recipients for six months.
Dennis Kissinger, City Manager, explained the program and the need to extend the
completion date.
Moved by Commissioner Jilka, seconded by Commissioner Seaton, to grant a six month
extension on the 1998 Solid Waste Venture Grant Awards to KANZA Recycling, and to Salina
Waste Systems. Aye: (5). Nay: (0). Motion carried.
(8.3) Consideration in providing temporary assistance to Ken Reitz of Images Recycling
Center, due to his injury which has effected the service provided by his community recycling center.
Commission
Action #
Conwuaaiea�saona
98-1845
M�
98-1847
Dennis Kissinger, City Manager, explained the need for this service, the injury of the
owner, the current service interruptions and the intent of providing this temporary assistance during
the medical recovery period. Responded to Commission inquiry regarding the funds
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to award a
special grant to Ken Reitz of Images Recycling for providing temporary assistance in the hiring of a
workers to assist him during his recuperation. Mayor Brungardt added that the amount is for no
more than $10,000 and called for a vote. Aye: (5). Nay: (0). Motion carried.
(8.4) Awarding a contract for the Ohio Street/Greeley Avenue Signalization Improvements,
Project No. 98-1152.
Mike Renk, Civil Engineer, explained the project to install a traffic signal at the
intersection of Ohio and Greeley and the bids received on Tuesday, December 15, 1998.
Moved by Commissioner Seaton, seconded by Commissioner Jilka, to approve Project
No. 98-1152 awarding the contract for the Ohio Street/Greeley Avenue Signalization Improvements
to Kayton Electric, Inc. in the amount of $60,900.00. Aye: (5). Nay: (0). Motion carried.
(8.5) Resolution Number 98-5399 authorizing a contract for the sale of real estate and a
general warranty deed for property located on the east side of N. 13th St. between Woodland and
Pacific Avenues.
Dennis Kissinger, City Manager, explained that this property was acquired at tax sale as
part of a Neighborhood Service Area. He noted the City acquired a larger tract than was required
for the park and explained staff s recommendation to sell this surplus for $16,000.00.
Moved by Commissioner Jilka, seconded by Commissioner Seaton, to adopt Resolution
Number 98-5399. Aye: (5). Nay: (0). Motion carried.
(8.6) Resolution Number 98-5400 authorizing a special warranty deed to Santa Fe Office
Plaza.
Greg Bengtson, City Attorney, explained the Industrial Revenue Bonds issued to Santa
Fe Office Plaza in 1983, that all financial obligations have been satisfied, and the request by Santa Fe
Office Plaza to exercise its option.
Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to adopt
Resolution Number 98-5400 authorizing a special warranty deed to Santa Fe Office Plaza. Aye: (5).
Nay: (0). Motion carried.
(8.7) Resolution Number 98-5401 amending the Personnel Manual by replacing all articles.
Mike Morgan, Deputy City Manager, briefly explained some of the changes in the
manual.
Moved by Commissioner Heath, seconded by Commissioner Seaton, to adopt Resolution
Number 98-5401 amending the Personnel Manual by replacing all articles. Aye: (5). Nay: (0).
Motion carried.
(8.8) Awarding contracts for the 1998 Subdivision Improvements, Project No. 98-1139.
Mike Renk, Civil Engineer, explained the project and reviewed the bids received on
Tuesday, December 15, 1998.
Moved by Commissioner Jilka, seconded by Commissioner Seaton, to award the
contracts for the 1998 Subdivision Improvements, Project No. 98-1139 to Shears Construction, for
paving and drainage, in the amount of $320,216.10 and to Smoky Hill L.L.C., for sanitary sewer and
water in the amount of $308,199.00. Aye: (5). Nay: (0). Motion carried.
(8.9) Awarding a contract for the 1998 Sidewalk Improvement Program, Project No. 98-1150.
Commission
Action #
ConsoliEaleE.50ina
98-1850
98-1851
98-1852
Dennis Kissinger, City Manager, asked that this item be tabled until January 4, 1999 for
staff review.
Moved by Commissioner Seaton, seconded by Commissioner Jilka, to table the award of
the 1998 Sidewalk Improvement Program, Project No. 98-1150, until January 4 pending further
staff review. Aye: (5). Nay: (0). Motion carried.
(8.10) Resolution Number 98-5402 authorizing an engineering contract with Bucher, Willis and
Ratliff Corporation on the South Marymount Road Improvements.
Dennis Kissinger, City Manager, explained this line item of the Capital Improvement
Program.
Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt
Resolution Number 98-5402 authorizing an engineering contract with Bucher, Willis and Ratliff
Corporation on the South Marymount Road Improvements. The Mayor noted the amount is not to
exceed $44,950.00 and called for a vote. Aye: (5). Nay: (0). Motion carried.
(8.11) Policy Issues Regarding 9"' and Claflin Drainage Project Pipeline adjacent to Kansas
Wesleyan University.
Dennis Kissinger, City Manager, explained the project and the three primary policy issues
that need at least preliminary Commission decision today. 1) K.W.U. Private Communication Line
Crossing Claflin Street; he asked if there is any added project cost, should K.W.U. or the City incur
that cost of solving the conflicting line problem noting that it is unlikely that there will be substantial
cost increase. 2) Private Lawn Sprinkling/Irrigation Lines, he noted it is at the same elevation and
that it may be possible to solve at the same time and in the same manner as the communication level
without additional cost. He explained current policy and asked whether we are consistent on impact
of sprinkler systems and lines. 3) Are the eight trees in front of K.W.U. on Claflin Street expendable
and should the project be redesigned to remove the trees. He explained the Tree Ordinance passed
in 1991, the value placed on street trees, and the project plan to save the trees. He clarified the
question to the Commission is: are the trees expendable, and if additional project costs result due to
the K.W.U. request to remove the trees, who should pay those costs? He noted additional options
for each of the three issues. He then spoke of the importance of license agreements for installations
in the public right-of-way. Mr. Kissinger then responded to Commission inquiries on all three
issues.
Dr. Marshall Stanton, K.W.U., informed the commissioners that K.W.U. was not aware
of the project until last October, though the statement was made that this project has been underway
for five years. He made spoke to the commissioners about removing the trees and leaving the
sidewalk to install the line.
A discussion followed concerning the trees and relocating the lines. Mr. Kissinger noted
the success of other project work done close to trees done without losing a lot of trees. Don Hoff,
Director of Utilities, feels the sidewalk cannot be saved in any case.
Mayor Brungardt addressed Issue No. 1) K.W.U. Private Communication Line Crossing
Claflin Street, summarizing that the Commission had been told that the City drainage pipe would
probably fit under the K.S.U. communication line and that K.W.U. has offered to assist in that
effort. The question being if additional costs are incurred is K.W.U. liable for it?
In turn, each Commissioner shared their feelings on the issues: Commissioner Shadwick
supported the City incurring the additional expense due to the importance of the project to the city
at large. Commissioner Jilka opposed an open end obligation. Commissioner Seaton supported
consistency in public policy and opposed additional public costs because of private action.
Commissioner Heath opposed the City's incurring additional costs for this project. No motion was
extended.
Mayor Brungardt summarized Commissioner Seaton's observations for both items 1 and
2 "where there is a placement of private lines, in one case irrigation lines and the other
communication lines, in the public right-of-way; we think those would not be a problem but if they
do prove to be in some way additionally expensive those costs would be borne by the owners of the
private lines." Commissioner Seaton confirmed that is consistent with present public policy. The
Commission
Action #
98-1853
98-1854
98-1855
Mayor stated, "All those in favor with that concept may express so by saying Aye." Aye: (5). Nay:
(0). Motion carried.
The Mayor then asked for comments on the third item being the removal of the trees at
all costs.
Commissioner Jilka supported aesthetics and stated that if Dr. Stanton was comfortable
with their removal he supported that action. Commissioner Seaton noted there are still a lot of
unknowns and moved to direct staff to obtain alternate bids for placing line between curb &
sidewalk. Commissioner Shadwick asked the City Manager how long it would take to obtain
alternate bids. Mr. Kissinger indicated the bids could be obtained within general time frame, that
would be staffs effort. He commented that damage to the trees could happen anyway and
supported the City incurring the engineering costs of securing alternate bids. Commissioner Seaton
amended her motion to include that the City work with K.W.U. to look at options to move the line.
Commissioner Jilka seconded the motion. Mayor Brungardt acknowledged the motion to get
alternative bids; asked if moving our drainage line was part of the motion? Commissioner Seaton
confirmed that it was. Commissioner Jilka confirmed his second on the motion. Aye: (5). Nay:
(0). Motion carried.
(8.12) Executive session - personnel.
Moved by Commissioner Seaton, seconded by Commissioner Jilka, that the City
Commission recess into executive session for 10 minutes to discuss a matter pertaining to non-
elected city personnel for the reason that public discussion of the matter would violate the privacy
rights of the non -elected city personnel involved; and that we would reconvene in this room at 5:40
p.m.
OTHER BUSINESS
(9.1) Mayor Brungardt announced there will be no action on the executive session and that
there will be no meeting next week.
Mayor Brungardt then called for a vote on the executive session motion. Aye: (5). Nay:
(0). Motion carried.
The Board of Commissioners recessed at 5:30 p.m. and reconvened at 5:40 p.m. No
action was taken.
ADJOURNMENT
Moved by Commissioner Heath, seconded by Commissioner Seaton, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 5:41 p.m.
Peter F. Brungardt, Mayor
[SEAL]
ATTEST:
WCMC, Cit% ANALC M,