10-23-1995 MinutesAction
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
OCTOBER 23, 1995
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, October 23, 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
Judy D. Long, City Clerk
None.
CITIZEN FORUM
Patrick Flannigan, 901 Pontiac, spoke regarding handicap accessible
buildings. He asked if anything had been done since Susan Vanderford had
spoken to the Commission. He was advised that staff is preparing a report
which will be sent to Ms. Vanderford.
AWARDS - PROCLAMATIONS
(4.1) John Hauptli, 427 Upper Mill Heights Drive, retiring President of
School Specialty Supply. On behalf of School Specialty Supply, presented a
framed copy of the United States Constitution.
(4.2) The Week of October 23 through 31, 1995 as "NATIONAL RED
RIBBON WEEK." The proclamation was read by Mary Cart and Keri
Feyerherm, Co -Chairpersons of the Youth Task Force of the Salina All
American Prevention Partnership.
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
CONSENT AGENDA
(6.1) Approve the minutes of the regular meeting of October 16, 1995.
(6.2) Approval of the Belmont Boulevard Rehabilitation Project No. 95-946
and authorization to establish a bid date for the project.
Moved by Commissioner Seaton, seconded by Commissioner Maxwell,
to approve all items on the consent agenda. Aye: (5) . Nay: (0) . Motion
carried.
DEVELOPMENT BUSINESS
(7.1) Application #P95 -8A, filed by Salina Presbyterian Manor, Inc.,
requesting approval of a replat of the Salina Presbyterian Manor Subdivision, a
39 acre tract located on the north side of East Crawford Street, east of Seitz
Drive.
Roy Dudark, Director of Planning and Community Development,
explained the replat request.
Moved by Commissioner Maxwell, seconded by Commissioner Perney,
that the application be approved. Aye: (5). Nay: (0). Motion carried.
Action
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ADMINISTRATION
(8.1) Second reading Ordinance Number 95-9711 levying the annual
Business Improvement District service fees for 1996.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, that Ordinance Number 95-9711 be adopted on second reading. A roll
call vote was taken. Aye: (5), Maxwell, Brungardt, Perney, Seaton, Divine.
Nay: (0) . Motion carried.
(8.2) Resolution Number 95-4936 authorizing and directing the issuance of
temporary notes of the City of Salina in an aggregate principal amount not to
exceed $1,350,000, for the purpose of providing funds to pay the cost of
street and utility improvements, Engineering Project No. 95-938 and setting the
authorization amount for the project at $1,587,512.75.
Judy Long, City Clerk, explained the bids received.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the projects covered.
Dennis Kissinger, City Manager, explained the procedure.
Moved by Commissioner Perney, seconded by Commissioner Maxwell,
that Resolution Number 95-4936 be adopted. Aye: (5). Nay: (0). Motion
carried.
(8.3) Resolution Number 95-4937 authorizing the Mayor to execute an
agreement with Wilson & Company for the design of certain improvements at
Wastewater Pump Station Numbers 2 and 19 in an amount not to exceed $44,200.
Don Hoff, Director of Engineering and Utilities, explained the
proposed improvements.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to adopt Resolution Number 95-4937. Aye: (5) . Nay: (0) .
Motion carried.
(8.4) Award of contract for the Rehabilitation of Wastewater Pump Station
Numbers 1 and 3, Project Number 95-943.
Don Hoff, Director of Engineering and Utilities, explained the
rehabilitation and the bids received on October 17, 1995.
Moved by Commissioner Perney, seconded by Commissioner Maxwell, to
award the contract to Smoky Hill, LLC in the amount of $617,000. Aye: (5).
Nay: (0) . Motion carried.
(8.5) Award of contract for the Waterwell Road Water Distribution System
Improvements Project Number 95-922.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the proposed improvements and the bids received October 17, 1995.
Moved by Commissioner Maxwell, seconded by Commissioner Seaton,
to award the contract to Stevens Contractors, Inc. in the amount of $270,275.
Aye: (5). Nay: (0). Motion carried.
(8.6) Request authorization to increase City's financial contribution for
completion of animal crematory.
Mike Morgan, Deputy City Manager, explained the request for
additional funds.
Moved by Commissioner Brungardt, seconded by Commissioner
Maxwell, to authorize $10,941 in additional funding to complete the crematory
project. Aye: (5) . Nay: (0) . Motion carried.
(8.7) First reading Ordinance Number 95-9712, regarding the annexation of
Highland Meadows Hamlet Addition.
Judy Long, City Clerk, explained the need for the new ordinance.
Action
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Roy Dudark, Director of Planning and Community Development,
explained that the new ordinance includes streets and common areas.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to approve Ordinance Number 95-9712 on first reading. Aye: (5).
Nay: (0). Motion carried.
(8.7a) Declare an emergency exists in order to have the second
reading of Ordinance Number 95-9712 on the same day.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to declare an emergency exists in order to have the second reading of
Ordinance Number 95-9712 on the same day. Aye: (5). Nay: (0). Motion
carried.
(8.7b) Second reading Ordinance Number 95-9712.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to adopt Ordinance Number 95-9712 on second reading. A roll call
vote was taken. Aye: (5), Maxwell, Brungardt, Perney, Seaton, Divine.
Nay: (0). Motion carried.
(8.8) Request for Executive Session to discuss legal matters.
Moved by Commissioner Perney, seconded by Commissioner Maxwell,
that the City Commission recess into executive session for the purpose of
discussing with the City Attorney two matters subject to the attorney-client
privilege, specifically:
1. The sufficiency of protests relating to the improvements to Seitz
Drive; and
2. A report regarding a pending claim involving the City,
for the reason that public discussion of the matter would waive the
attorney-client privilege; and reconvene in this room in thirty minutes or at
5:04 p.m. Aye: (5). Nay: (0). Motion carried.
Mayor Divine noted that there is possible action to follow.
The Board of Commissioners recessed at 4:34 p.m. and reconvened
at 5:05 p.m.
Don Hoff, Director of Engineering and Utilities, gave a staff report
on the validity of protest petitions filed regarding Seitz Drive. He advised that
at the time Resolution Number 95-4913 was passed, August 14, 1995, there
were two property owners and the protest filed September 7, 1995 (by Elly
Ritter) was invalid. The City Commission authorized an an additional twenty
day extension of the protest period on September 25, 1995. The extended
protest period expired October 17, 1995. On October 16th and 17th three lots
were sold. Three protest petitions were filed by the new owners on October
16th and 17th. As of October 17, 1995 there are five property owners with
four protesting. All protests are claiming fifty-one percent ownership.
Commissioner Maxwell noted that this item was not on the public
agenda for discussion and Mayor Divine called for comments.
Ken Wasserman, 215 South Santa Fe, representing Elly Ritter, owner
of Georgetown, Inc., distributed a letter to the City Commission from Ms.
Ritter. Mr Wasserman stated that it was not Georgetown's position to inhibit
growth and development or construction of necessary streets nor to incur
substantial additional expense. Mr. Wasserman spoke regarding the drainage
on Elly Ritter's property and how it could affect the development on her
property. Other concerns were the possible placement of water and sewer
lines under the new street and the sale of the lots within the four year
deferment period. He stated that with the current time line the assessments
begin in four years regardless of whether or not lots have been sold and Ms.
Ritter could get stuck paying for the assessments. In closing he asked the
Commission to recognize the validity of the protest petitions and allow them to
stand as filed.
Dennis Kissinger, City Manager, noted that Ms. Ritter was first
notified of the project in early June. A Public Hearing was held in August.
Ms. Ritter did not contact Mr. Kissinger until the day of the Commission action.
The issues discussed by Mr. Wasserman have been fully and completely
addressed by the Engineering Department. More consideration has been given
to this project than any other subdivision development in the City and this
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project also benefits this subdivision better than any other. Mr. Kissinger
clarified that he repeatedly offered to answer any of these issues and that the
impact of water and sewer were also addressed. He stated the Public Hearing
was held early in the process and that the Commission needed to address the
legal question of the validity of the protest petitions.
Commissioner Brungardt advised there has been an attempt to
minimize costs and enhance transportation development through the area.
Mr. Kissinger concurred stating that water and sewer were
intentionally left out to prevent excess cost and unnecessary burden. He also
clarified that the new majority owners can ask for water and sewer to be
installed at the same time.
Linda Young, 2333 Georgetown Road, expressed that the new owners
did not purchase the property to build there but only to stop the street from
being put in. Two of the owners went in together to buy the property and
the other owner is the 18 year old son of Mrs. Ritter. She advised that area
property owners had fought for a long time to get this street open, are tired of
the traffic on Georgetown Road and retain concern for safety of the children
in the area. She said that Georgetown, Inc. knew all along that Seitz was
intended as the through street for this area and now are trying to stop it.
She felt this was all underhanded.
Commissioner Maxwell asked if the residents had petitioned for Seitz
to be opened and Mr. Kissinger advised they had not but there was alot of
public concern documented and verbal.
Moved by Commissioner Seaton, seconded by Commissioner Maxwell,
that the protest of Seitz Drive improvements authorized by Resolution Number
95-4913 be found insufficient for the reason that in order to be sufficient,
within twenty days after publication of the resolution ordering the improvement,
written protests signed by fifty-one percent or more of the resident owners of
record of property within the improvement district and the owners of record of
more than half of the total area of such district had to be filed with the City
Clerk. Among those parties filing a protest, only one owner, Georgetown,
Inc., was a record owner of property within the improvement district on August
18, 1995, the date upon which Resolution Number 95-4913 authorizing the
improvements was published in the Salina Journal. While Georgetown, Inc. was
the record owner of more than half of the total area of the improvement
district, Georgetown, Inc. did not constitute fifty-one percent or more of the
resident owners of record of property within the improvement district. Aye:
(5) . Nay: (0) . Motion carried.
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, that the Regular Meeting of the Board of Commissioners be adjourned.
Aye: (5) . Nay: (0) . The meeting adjourned at 5:29 P.M.
CJohn Divine, Mayor
[ SEAL]
ATTEST:
6dyLo , City Clerk