05-06-1996 MinutesAction
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
MAY 6, 1996
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, May 6, 1996, at 4:00 p.m.
There were present:
Mayor Evelyn Maxwell, Chairman presiding
Commissioner R. Abner Perney
Commissioner John Divine
Commissioner Peter F. Brungardt
Commissioner Kristin M. Seaton
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Judy D. Long, City Clerk
None.
CITIZEN FORUM
Mike Henry, Executive Director Community Access Television,
explained the new system to bring emergency messages from the Emergency
Management Center. Mike introduced Gail Aills live from the Emergency
Management Office on a Television set up in the meeting room. The system
will instruct viewers on all cable channels to turn to Channel 20 for more
information during emergency situations.
Senator Ben Vidrickson, as a citizen, passed pictures of his
daughter who was attacked by a Chow dog 3 weeks ago. He is concerned about
the effectiveness of the City's ordinances in this type of situation. The City's
ordinances do not allow for enforcement as a "Vicious Dog" unless there has
been a history of such action. He responded to Commissioner Divine's inquires
regarding State laws, clarifying that the State has left this matter to local
governments.
AWARDS - PROCLAMATIONS
(4.1) The Week of May 5th through 11th, 1996 as "DRINKING WATER
WEEK" in the City of Salina. The proclamation was read by Ms. Hank
Corcoran, member American Water Works Association Customer Service
Activities Committee.
(4.2) The Days
of May
10th and 11th,
1996 as "BUDDY POPPY DAYS" in
the City of Salina.
The
proclamation was
read by Leon P. Kashkin, Past
Commander - Buddy
Poppy
Chairman of VFW
Post 1432.
(4.3) The Week of May 4th through 11th, 1996 as "NATIONAL SAFE KIDS
WEEK" in the City of Salina. The proclamation was read by Janice Pankratz,
Salina Parks and Recreation Commission.
(4.4) The Week of May 12th through May 18th, 1996 as "POLICE WEEK" in
the City of Salina. The proclamation was read by Chaplain Arthur Carter,
Salina Police Department.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing to consider adoption of a resolution providing for the
repair or removal of a dangerous structure.
(5.1a) Resolution Number 96-5008.
Mike Peterson, Building Inspector and Zoning Administrator, gave a
staff report regarding 245 South Santa Fe Avenue, the location of the former
Hough Piano and Organ building. He noted this was an aggressive action and
explained the justification.
Mayor Maxwell called the public hearing to order.
Action
96-549
96-550
Darrold Hough, representing the owners, noted that they had been
waiting for clearance regarding the groundwater contamination before proceeding
with work on this structure. Now that they have received this, he would like
to proceed but asked consideration on the time schedule. He explained
insurance issues and that the insurance company had deemed the walls to be
sound. He explained his intent to make the location productive.
A discussion followed between the Commissioners, Mr. Hough, and
Mr. Peterson regarding an acceptable adjustment to the time schedule.
Dennis Kissinger,
City Manager, advised the Commission
that
timeliness was the issue. He
noted that the location
had been released
from
groundwater contamination in
December 1995 with an
additional copy of
the
release sent in March 1996, clarifying that there is a
difficulty in getting
mail
to the right person. He asked
for a contact name and
address for future use.
vote:
Mr. Hough agreed to give the pertinent information to the City Staff.
Mayor Maxwell asked for additional cleanup of the area for public
Safety with Mr. Kissinger noting the debris should be removed entirely.
Mr. Hough agreed to remove the debris in the next several days.
Mayor Maxwell spoke regarding the burned timbers and a cracked
wall, these issues had been discussed with Mr. Hough. The Mayor instructed
Mr. Kissinger to assist Mr. Hough with City documents regarding the
insurance issue.
No other comments were offered. The hearing was closed.
CONSENT AGENDA
(6.1) Approve the minutes of the regular meeting of April 22, 1996.
(6.2) Petition Number 4116, filed by Blue Beacon, requesting the vacation
of the drainage easement through Lot 6 and a portion of Lot 5 in the
Interstate District North of. I-70 Number 2. Refer petition to Engineering and
authorize City Clerk to set a date for public hearing.
(6.3) Approve Change Order Number 1, Project Number 94-912, Painting
of Gypsum Hill Water Tower, in the deductive amount of $3,298.61.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to approve all items on the consent agenda. Aye: (5). Nay:
(0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #Z96-1, filed by John Melvin, requesting a change in
zoning district classification from Saline County AG, Agricultural District, to
MH -P, Manufactured Home Park District, and preliminary park plan approval
on a 39 acre tract located south of Country Oak Estates between I-135 and Dry
Creek.
(7.1a) First reading Ordinance Number 96-9738.
Roy Dudark, Director of Planning and Community Development,
explained the rezoning request. He responded to Commission inquires advising
that this is a preliminary plan. He explained that the water and sewer will be
combined public and private, and that there will be curb and gutters on the
internal streets. Marcella as a collector street was discussed noting east and
west sides of Marcella allow direct connection. Mr. Dudark explained that no
parking on the internal streets will be permitted with the Park Management
policing compliance. The issue of guest parking was discussed with Mr.
Dudark explaining driveway options.
Moved by Commissioner Divine, seconded
by Commissioner Perney, to
adopt
Resolution Number 96-5008 changing section 2 to have the work
begin
July
1, 1996 and be completed by November
30, 1996 with plans
to be
submitted by July 1, 1996. Commissioner Divine
stated that we have a
"Good
Faith"
commitment on the other issues discussed.
Mayor Maxwell called
for a
vote:
Aye: (5), Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of the regular meeting of April 22, 1996.
(6.2) Petition Number 4116, filed by Blue Beacon, requesting the vacation
of the drainage easement through Lot 6 and a portion of Lot 5 in the
Interstate District North of. I-70 Number 2. Refer petition to Engineering and
authorize City Clerk to set a date for public hearing.
(6.3) Approve Change Order Number 1, Project Number 94-912, Painting
of Gypsum Hill Water Tower, in the deductive amount of $3,298.61.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to approve all items on the consent agenda. Aye: (5). Nay:
(0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #Z96-1, filed by John Melvin, requesting a change in
zoning district classification from Saline County AG, Agricultural District, to
MH -P, Manufactured Home Park District, and preliminary park plan approval
on a 39 acre tract located south of Country Oak Estates between I-135 and Dry
Creek.
(7.1a) First reading Ordinance Number 96-9738.
Roy Dudark, Director of Planning and Community Development,
explained the rezoning request. He responded to Commission inquires advising
that this is a preliminary plan. He explained that the water and sewer will be
combined public and private, and that there will be curb and gutters on the
internal streets. Marcella as a collector street was discussed noting east and
west sides of Marcella allow direct connection. Mr. Dudark explained that no
parking on the internal streets will be permitted with the Park Management
policing compliance. The issue of guest parking was discussed with Mr.
Dudark explaining driveway options.
Action
96-551
96-552
96-553
John Melvin, 1125 Columbine, applicant, explained the history of
their manufactured home business and the plans for Cedar Creek. The lots
will be leased with rules and regulations included with the lease agreement for
residents. He addressed Salina's housing needs. He indicated he wants to
start on the development immediately, as soon as it is approved.
The Mayor questioned the inclusion of a swap of land in the rezoning
application. She indicated the process has been reversed and that the park
issue should have been addressed first.
Moved by Commissioner Divine, seconded by Commissioner Seaton, to
approve Ordinance Number 96-9738 for first reading. Aye: (4). Nay: (1),
Maxwell for the reason that the action was reversed.
(7.2) Application #A96-1, filed by John Melvin, requesting annexation of a
35.88 acre tract in the SW 1/4 of the NE 1/4 of Section 2, Township 15 South,
Range 3 West, of the Sixth Principal Meridian in Saline County, Kansas to
allow development of a planned manufactured housing community.
(7.2a) First reading Ordinance Number 96-9739.
Roy Dudark, Director or Planning and Community Development,
explained the annexation request.
Moved by Commissioner Seaton, seconded by Commissioner Perney to
approve Ordinance Number 96-9739 for first reading. Aye: (5). Nay: (0).
Motion carried.
(7.3) Consideration of Resolution Number 96-5009 declaring a tract of land
located south of Schilling Road and east of Dry Creek as surplus park land.
Roy Dudark, Director
of
Planning and Community Development,
explained the recommendation of
the
Park
and Recreation Advisory Board to
declare a portion of park land in
the
Fox
Run area as surplus property. He
went on to explain a proposed
property
exchange with John Melvin. He
clarified that if passed, this resolution
will
be published twice with a thirty day
protest period.
Jo Funk, 1102 Fairway, explained some information she had
previously submitted to the Commissioners. She expressed her concern
regarding the wildlife which live in the area in question and what damage
would occur if the area is declared surplus. She noted that the
Comprehensive Plan states that this type of area should be preserved and
specifically states the Dry Creek Channel. She also noted that the Schilling
area was to be a Number One priority for future park space. She strongly
opposes the land swap and noted that the developer could donate the unusable
portion land he wants to swap with the City.
Donald Lloyd, 3117 Huehl Circle, spoke regarding the extension of
Marcella Drive noting that after it clears the south portion of the proposed
development it will be surrounded by farm land. The questioned curve of the
proposed extension is through what was an old farmstead that has since grown
over with scrub trees.
Dennis Kissinger, City Manager, explained that the Park and
Recreation Advisory Board had looked at this area and had recommended the
land exchange.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to approve Resolution Number 96-5009. Aye: (4). Nay: (1),
Maxwell.
(7.4) Application #Z96-4, filed by Kaw Valley Engineering, on behalf of Phil
Bundy, requesting a change in zoning district classification from A-1,
Agricultural District, to PC -3, Planned Shopping Center District, for property
located south of Mid -State Mall and the Lambertz Addition between South Ninth
Street and I-135, the site of the old 81 Drive-in.
(7.4a) First reading Ordinance Number 96-9736.
Roy Dudark, Director of Planning and Community Development,
explained the history of this location, the rezoning request and the proposed
development plan.
Action
96-554
96-555
96-556
96-557
Moved by Commissioner Divine, seconded by Commissioner Seaton, to
approve Ordinance Number 96-9736 for first reading.
Mayor Maxwell expressed her concern for the mature trees and shrubs
and reference was made to Land Use Laws.
Wally Storey, former owner of the property, stated that they will do
what they can to save some of the trees, noting that his wife, among others
were also concerned.
Randall Holm, spoke regarding concerns about moving the frontage
road. He advised the Commission that the plans change the frontage road to
circulate through the new development to get to other established businesses
and noted the impact this will have on neighboring businesses. He asked who
was going to pay for the current road being torn out and replaced and noted
possible alternative solutions.
Dennis Kissinger, City Manager, stated that these issues would best
be discussed at the next Planning Commission Meeting.
Mr. Holm indicated he came before the City Commission because he
will not be able to attend the City Planning Commission May 15, 1996.
Mayor Maxwell called for a vote on the motion. Aye: (5). Nay:
(0). Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance Number 96-9735 providing for the
annexation of the North 250' of Lot 1, Block 1, Bergkamp Subdivision.
No comments have been received since the first reading of this
ordinance.
Moved by Commissioner Perney, seconded by Commissioner Brungardt,
to adopt Ordinance Number 96-9735 on second reading. A roll call vote was
taken. Aye: (5), Divine, Brungardt, Perney, Seaton, Maxwell. Nay: (0).
Motion carried.
(8.2) First reading Ordinance Number 96-9737 authorizing the issuance,
sale and delivery of $1,847,000 principal amount of General Obligation Internal
Improvement Bonds, Series 1996-A, for the purpose of providing funds to pay
the cost of certain street and utility improvements in the City.
(8.2a) Resolution Number 96-5007 prescribing the form and details of
and authorizing the delivery of the general obligation improvement bonds
authorized by Ordinance Number 96-9737.
Rod Franz, Director of Finance and Administration, explained the
ordinance authorizes the sale of the bonds and the resolution prescribes the
terms of the bonds.
Roger Ediger, explained the bid bond process, the current market
and the interest rates. He introduced Randy Irey and David Arteberry. .
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to approve Ordinance Number 96-9737 for first reading. Aye: (5).
Nay: (0) . Motion carried.
Mr. Ediger responded to Commission inquiry that two-thirds will be
paid by the City -at -Large, and one-third will be paid by special benefit
districts.
Moved by Commissioner Brungardt, seconded by Commissioner
Divine, to adopt Resolution Number 96-5007. Aye: (5) . Nay: (0) . Motion
carried.
Mayor Maxwell read a debt burden quote from Moody Daily Municipal
ratings and asked Mr. Ediger to explain the rating scale.
Mr. Ediger explained the rating scale, that the City has an "Al"
rating and what that meant.
Action
OTHER BUSINESS
96-558 (9.1) Moved by Commissioner Perney to increase the salaries of the City
Commissioners from $100 to $400 per month effective June 1, 1996 due to the
length of the City Commission Meetings. Motion died for lack of a second.
(9.2) Mayor Maxwell announced the board appointments for members of the
Board of Commissioners.
ADJOURNMENT
96-559 Moved by Commissioner Divine, seconded by Commissioner
-- Brungardt, that the Regular Meeting of the Board of Commissioners be
adjourned. Aye:(5). Nay: (0). Motion carried. The meeting adjourned at
6:24 p.m.
Evelyn Maxwell, Mayor
[SEAL]
ATTEST:
d-
u y D Lo City Clerk