11-20-1995 MinutesAction
95-3
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
NOVEMBER 20, 1995
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, November 20, 1995, at 4:00
p.m.
There were present:
Mayor John Divine, Chairman presiding
Commissioner R. Abner Perney
Commissioner Evelyn Maxwell
Commissioner Peter F. Brungardt
Commissioner Kristin M. Seaton
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
None.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting of November 13,
1995.
(6.2) Resolution Number 95-4946 regarding the advisability and
authorization of certain street and utility improvements on Minneapolis Avenue
and rescinding Resolution Number 95-4939.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to approve all items on the consent agenda. Aye: (5) . Nay:
(0) . Motion carried.
None.
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Report on validity and submittal of engineering feasibility report for
Petition Number 4114, filed by the Salina Area Chamber of Commerce,
requesting certain street and drainage improvements at the intersection of
Interstate I-135 and Magnolia Road.
(8.1a) Resolution Number 95-4947 advising and authorizing certain
street and drainage improvements at the intersection of Interstate 135 and
Magnolia Road.
Shawn O'Leary, Assistant Director of Engineering and Utilities, stated
that the petition signatures represent 71.4% of the resident owners of record of
property liable for assessment and 92.4% of the owners of record of the area
liable for assessments. The petition meets the statute requirements for
sufficiency. He explained the feasibility report and financing of the project
recommending approval.
Action
95-390
95-391
Gerald Cook, President of the Chamber of Commerce, circulated the
petition. He spoke in favor of the project advising that comments received
were very good.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to accept the feasibility report for Petition Number 4114 and adopt
Resolution Number 95-4947. Aye: (5). Nay: (0). Motion carried.
(8.2) Resolution Number 95-4948 authorizing the Mayor to enter into an
agreement for construction engineering services with Wilson & Company
Engineers and the Kansas Department of Transportation for the Centennial
Road Realignment Project, in an amount not to excceed $42,337.21.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained this is Phase I of these improvements. This is a three -Party
Agreement with Smoky Hill, Inc. being the low bidder, though the contract
has not been awarded yet. He explained the costs have increased with the
increased scope of the project.
Dennis Kissinger, City Manager, explained that the added cost and
scope will reduce the costs of the 1999 project on Centennial Road.
Moved by Commissioner Maxwell, seconded by Commissioner Seaton,
to adopt Resolution Number 95-4948. Aye: (5) . Nay: (0) . Motion carried.
(8.3) Change Order Number 2 for the 1995 Subdivision Improvements
Project Number 95-938, for the street and drainage improvements on Seitz
Drive from Crawford Street to Pheasant Lane, in the net amount of $89,117.50.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the work covered under the change order, restating that these
improvements do not include water or sanitary sewer. He advised that Stevens
Contractors is the contractor.
Commissioner Maxwell noted that this is a large change order and
asked for an explanation.
Dennis Kissinger, City Manager, explained that adding Seitz to the
current project is the most cost effective way to proceed and is a legitimate
cost saving method for the tax payers. He reminded the Commission that Seitz
Drive was to be part of this project before the legal questions arose and has
been added back in.
Elly Ritter, 1942 Valley View, majority owner of Georgetown, Inc.,
spoke regarding the change order. She indicated she had received notice of
the change order this morning and had not had time to review it. She asked
that this item be tabled until a later date so that her legal counsel could be
contacted.
Don Hoff, Director of Engineering and Utilities, stated that no
changes in drainage had been made and that it is as it was in the feasibility
report.
Ms. Ritter again asked that the item be tabled so that her legal
counsel could prepare.
Dennis Kissinger, City Manager, noted that her legal counsel has
been notified and recommended that the change order be approved.
Ms. Ritter asked that the record note that she is strongly against
this project. She noted that the benefit district will not benefit from the street
and drainage improvements. The residents on Georgetown will benefit and
should share the cost. She stated she highly protests this action as she
doesn't feel it is fair that she has to pay for one -hundred acres of drainage
She said that all of Georgetown will benefit from this street, not just these
eleven lots. She again asked that the item be tabled.
Mr. Kissinger advised the Commission that this issue has been before
Ms. Ritter for months. All drainage issues have been discussed with her legal
counsel. He stated that we are beyond voting against this project; the
Commission's previous decision has already approved the project.
Action
95-392
-- 95-393
95-394
95-395
Greg Bengston, City Attorney, stated that this has grown into some
strong feelings. He advised Ms. Ritter that he wrote the last letter and hand
delivered it to her counsel last Monday. He stated that every effort has been
made to reduce costs to her and the new property owners. The information she
received is meant only to keep her informed.
Ms. Ritter stated that she protests the leveling of the assessments.
Mayor Divine asked Ms. Ritter for an explanation on the sale of the
lots, indicating that she already sold 30% of them within 4 days. She
responded with the number of vacant lots currently available within the city.
The Mayor advised her that the protest phase of this project has been
completed and suggested she work with her legal counsel.
Mr. Kissinger explained and defined the process stating that the
public hearing, regarding assessments, will be held one year, after construction
is done, and that Ms. Ritter can return at that time with her counsel
regarding the levying of the special assessments on individual lots.
Commissioner Perney stated that Seitz Drive has been on the map a
long time and that the city is going to need it. He moved to approve Change
Order Number 2 on the 1995 Subdivision Improvements, Project number 95-938,
in the amount of $89,117.50. Motion was seconded by Commissioner Maxwell.
Aye: (5) . Nay: (0) . Motion carried.
(8.4) Change Order Number 4 for the 1994 Subdivision Improvement
Project Number 94-907A, in the net amount of $36,482.40.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained that the change order, which includes the repair of the Iron Street
Bridge, is the most expedient and cost effective method to accomplish the
project. The project will be funded with General Obligation Bonds and from the
Special Gas Tax.
Commissioners Brungardt and Maxwell discussed the repair plans
with Mr. O'Leary.
Moved by Commission Seaton, seconded by Commissioner Brungardt,
to approve Change Order Number 4 on the 1994 Subdivision Improvements
Project Number 94-907A in the amount of $36,482.40. Aye: (5). Nay: (0).
Motion carried.
(8.5) Resolution Number 95-4949, authorizing the Mayor to execute a
Special Warranty Deed to Doctors Macy, Smith and Cooper.
Greg Bengston, City Attorney, explained the Internal Revenue Bond
lease process and the purpose of the resolution to authorize transfer of title as
all bonds have been paid.
Moved by Commission Brungardt, seconded by Commissioner Maxwell,
to adopt Resolution Number 95-4949, authorizing the Mayor to execute a Special
Warranty Deed to Doctors Macy, Smith, and Cooper. Aye: (5) . Nay: (0) .
Motion carried.
(8.6) Resolution Number 95-4950, denying and refusing to accept the gift
of Lot 28, on Beloit Avenue, in the Addition of the Grounds of Kansas
Wesleyan University.
Judy Long, City Clerk, explained that the property was deeded to
the City without City Commission approval and this resolution takes formal
action to refuse the donation.
Harold Larson, 2121 Hillside Drive, was present with drawings of the
property and indicated he had set the issue aside.
Dennis Kissinger, City Manager, indicated that the City Staff could
not take time during the Commission meeting to review the proposal and
suggested the matter be tabled so that staff could review the drawings.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to table the issue until December 11, 1995. Aye: (5) . Nay: (0) .
Motion carried.
Action
95-396
95-397
95-398
95-399
(8.7) Executive Session to discuss a personnel matter.
Mayor Divine asked that this item follow item 9.2.
OTHER BUSINESS
(9.1) Application Number P95 -9/9A, filed by ADM Milling Company,
requesting approval of a replat of a 12 acre tract in Marydale Addition.
Roy Dudark, Director of Planning and Community Development,
explained the purpose of the replat which would delete the currently platted
internal street, Woodland Avenue, and change the existing utility easement.
Moved by Commissioner Seaton, seconded by Commissioner Maxwell,
to approve application number P95 -9/9A. Aye: (5). Nay: (0). Motion
carried.
(9.2) Application Number P95 -10/10A, filed by ADM Milling Company,
requesting approval of a replat of a 7.4 acre tract along Woodland Avenue
cul-de-sac.
Roy Dudark, Director of Planning and Community Development,
explained the replat which would create a cul-de-sac at the end of Woodland
Avenue and change the utility easement.
Moved by Commissioner Perney, seconded by Commissioner Maxwell, to
approve application number 95-10/10A with the added drainage plan. Aye:
(5) . Nay: (0) . Motion carried.
(8.7) Executive Session to discuss a personnel matter.
Commissioner Maxwell moved that the City Commission recess into
executive session for the purpose of discussing personnel matters regarding
non -elected employees of the City for the reason that public discussion of the
matters would invade the privacy of the employees involved; and reconvene in
this room in 32 minutes or at 5:30 p.m. Seconded by Commissioner
Brungardt. Aye: (5). Nay: (0). Motion carried. No action is expected.
The Board of Commissioners recessed at 4:58 p.m. and reconvened
at 5:30 p.m. No action was taken.
ADJOURNMENT
Moved by Commissioner Perney, 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 5:30 p.m.
C_
John Divine, Mayor
[ SEAL]
ATTEST:
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Jdy. . Lo City Cler