11-06-1995 Minutes95-373
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
NOVEMBER 6, 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 6, 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:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Barbara R. Weber, Deputy City Clerk
Judy D. Long, City Clerk
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The Day of November 11, 1995 as 'VETERANS DAY'. The
proclamation was read by Bob Aills, VFW Post Commander.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting of October 23rd and the
Special Meeting of November 1, 1995.
(6.2) Approve Southwest Area Water Distribution System Improvement
Phases 3 and 4, Project Numbers 95-944 and 95-945 and authorize staff to set
bid dates.
Commissioner Maxwell questioned if the current distribution plan will
serve the growth area north of the Landfill in item 6.2.
Don Hoff, Director of Engineering and Utilities, advised that the plan
will serve what we have today as the City is prohibited from serving outside
the city limits.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to approve all items on the consent agenda. Aye: (5) . Nay: (0) .
Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application Number Z95-9, filed by Solomon State Bank, requesting a
change in zoning district classification from R-1, Single -Family Residential, to
PC -1, Planned Restricted Business, on property located at Belmont and
Magnolia.
(7.1a) First reading Ordinance Number 95-9713.
Roy
Dudark, Director
of Planning and Community
Development,
explained the
zoning history of
this property.
Responding
to Commission
inquiries, he clarified that changes
to permitted uses
have to be
laid out, that
future uses of
this property will remain the same,
the parking is
believed to be
adequate and
that plenty of room
remains for a
water detention pond being
discussed.
Action
95-374
95-375
95-376
95-377
Commissioner Maxwell expressed her concern for open space and
urged careful consideration.
Moved by Commissioner Seaton, seconded by Commissioner Perney, to
approve Application Number Z95-9. Aye: (5) . Nay: (0) . Motion carried.
Moved by Commissioner Brungardt, seconded by Commissioner
Maxwell, to approve Ordinance Number 95-9713 on first reading. Aye: (5).
Nay: (0). Motion carried.
(7.2) Application Number PDD81-4E, filed by ERC Properties, Inc.,
requesting preliminary development plan approval and a change in zoning
district classification from PDD R-1, Single -Family Residential, to PDD R-2.5,
Multi -Family Residential, for a 21.18 acre tract in the Central Mall Subdivision
to allow construction of an apartment complex.
(7.2a) First reading Ordinance Number 95-9714.
Roy Dudark, Director of Planning and Community Development,
explained the location of the tract, the changes requested and the proposal.
Property owners to the east have expressed concern with the appearance of
the development so a fence will be erected.
The commissioners discussed water retention in the area, traffic flow
and child safety concerns.
Mr. Dudark clarified that children in this development would attend
Coronado Elementary.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
advised the commission that there will be a school crossing at Belmont and
Magnolia in the future and explained the issue of another railroad crossing. He
clarified that a study has been done showing that Magnolia is more than
adequate for increased traffic generated by the development.
Dennis Kissinger, City Manager, responded to Commissioner
Maxwell's concerns about flooding and drainage by explaining the One -Hundred
Year Flood Plan stating that there is a one percent chance of flood in any given
year. He advised that the Schilling drainage improvements will have a positive
impact.
When asked if the public safety was being protected, Don Hoff,
Director of Engineering and Utilities, confirmed they were.
Ken Wasserman, 215 South Santa Fe, representing the owner and
developer, addressed Commissioner Maxwell's concerns stating that all issues
have been addressed. In closing he stated that this is a very positive
development and asked for a favorable decision by the commission.
Gerald Cook, President of the Salina Chamber of Commerce, spoke in
support of the development stating the need for affordable housing. He
advised the commission that there is currently a critical need for affordable
housing and that there is currently a ninety-seven to ninety-eight percent
occupancy of all complexes around town.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to accept the report and approve Ordinance Number 95-9714 on first
reading. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Resolution Number 95-4938 appointing a member to the Solid Waste
Management Committee.
Moved by Commissioner Seaton, seconded by Commissioner Maxwell,
to adopt Resolution Number 95-4938 appointing Richard Duree to the Solid
Waste Committee. Aye: (5) . Nay: (0) . Motion carried.
(8.2) Report on validity and submittal of engineering feasibility report for
Petition Number 4088, filed by Mr. LaVern E. Lyon, requesting certain street
and drainage improvements on Minneapolis Avenue in the Addition to the
Grounds of Kansas Wesleyan University.
(8.2a) Resolution Number 95-4939.
Action
95-378
95-379
95-380
95-381
95-382
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reported on the history and detailed the petition. He stated that this petition
clearly meets sufficiency and that there are no delinquent taxes. He
recommended approval of the resolution of advisability and authorization.
Dennis Kissinger, City Manager, explained the administrative
changes to the resolution verbiage.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to approve both and adopt Resolution Number 95-4939. Aye: (5) .
Nay: (0). Motion carried.
(8.3) Resolution Number 95-4940 authorizing the Mayor to execute
Supplemental Agreement Number 1 with Wilson and Company for engineering
services for the rehabilitation of Wastewater Pump Station Numbers 1 and 3 in
an amount not to exceed $52,350.
Don Hoff, Director of Engineering and Utilities, explained the status
of the project and recommended approval of the Supplemental Agreement. He
responded to Commissioner Maxwell's question regarding the method of
calculation stating that all appear in line.
Moved by Commissioner Perney, seconded by Commissioner Maxwell, to
adopt Resolution Number 95-4940. Aye: (5) . Nay: (0) . Motion carried.
(8.4) Resolution Number 95-4941 authorizing the Mayor to execute a
contract for the sale of surplus property located on Smoky Hill Drive.
Roy Dudark, Director of Planning and Community Development,
reported on the history of this sale and the bids received.
Dennis Kissinger, City Manager, and Shawn O'Leary, Assistant
Director of Engineering and Utilities, responded to Commissioner Maxwell's
concerns regarding access to the channel, advising that the City has an access
easement.
Moved by Commissioner Perney, seconded by Commissioner Maxwell, to
approve Resolution Number 95-4941. Aye: (5) . Nay: (0) . Motion carried.
(8.5) Resolution Number 95-4942 authorizing the Mayor to execute a
contract for the sale of surplus park property between University Place and
Walnut Street on the east side of Broadway known as Park Number 3,
Leavenworth Addition.
Roy Dudark, Director of Planning and Community Development,
explained the sale and history of this property advising this is a fair price. In
response to Commissioner Maxwell's question regarding the intent of the buyer
he stated that the buyer owns adjacent lots zoned for business.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to approve Resolution Number 95-4942. Aye: (4). Nay: (1),
Maxwell, stating that the City should hold on to its parks. Motion carried.
(8.6) Consider requests for deferral of special assessments on agricultural
land included in the Magnolia Interchange Benefit District.
(8.6a) Resolution Numbers 95-4943 and 95-4944 deferring the payment of
special assessments on certain properties located within the proposed
benefit district for the Magnolia Road and I-135 Interchange Improvement
Project.
Roy Dudark, Director of Planning and Community Development,
explained these are resolutions of intent and cannot be implemented until
property is annexed by ordinance.
Dennis Kissinger, City Manager, answered Commissioner Maxwell's
questions on property and assessments.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to approve Resolution Numbers 95-4943 and 95-4944. Aye: (5) . Nay:
(0). Motion carried.
A
95-383
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Perney, seconded by Commissioner Maxwell,
that the Regular Meeting of the Board of Commissioners be adjourned.
Aye: (5) . Nay: (0) . The meeting adjourned at 509 p.m.
Eve ,riI Maxwell, Vice -Mayor
[ SEAL]
ATTEST:
Judy 1) . L g, City Cl r