08-07-1995 MinutesCITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
August 7, 1995
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, August 7, 1995, at 4:00 p.m.
There were present:
Mayor John Divine, Chairman presiding
Commissioner 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
(3.1) Presentation of a gift from Mayor Emura, in Takasuki, Japan to
Mayor Divine by Jataro Yura with the 4-H LABO Exchange Program of
Takasuki, Japan.
(3.2) Bill Nelson, 917 N. 13th Street, Lot 22, advised the Commission that
the corner of 11th and Walnut Streets flooded during a recent rainstorm. He
stated that water was going up into yards and asked that this problem be
looked into. Mr. Nelson read a letter from the North Salina Business
Association asking when neighborhood revitalization was going to take place in
north Salina. In closing, the letter asked if the Norton annexation on today's
agenda would have the same tax rate as North Salina.
Mayor Divine urged the North Salina Business Association to work
with City Staff.
(3.3) Mayor Divine introduced the host family of Jataro Yura, Susan Girsh
and her son Joey.
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing on the advisability of an improvement to Seitz Drive
between Pheasant Lane and Crawford Street.
(5. 1a) Resolution Number 95-4897 setting out the findings and
determinations of the Governing Body on the advisability of certain street
and utility improvements on Seitz Drive.
(5. lb) First reading Ordinance Number 95-9701, providing for the
delay of certain special assessments for projects relating to Public Health
and Safety.
Dennis Kissinger, City Manager, explained that the hearing was
required by State Statute. Seitz Drive has always been the intended collector
street for this area. Many citizens have expressed concerns of increased
traffic on non -collector streets by not having this street open. He went on to
explain the resolution of advisability and the ordinance allowing for the deferral
of special assessments. He indicated the property owner, Georgetown, Inc.,
has taken no position on the proposed project at this time.
Don Hoff, Director of Engineering and Utilities, spoke regarding
storm water drainage in the area. Drainage after the construction should be
improved.
ction
95-243
95-244
95-245
95-246
Mayor Divine opened the public hearing.
Commissioner Maxwell asked if traffic would be checked on Seitz to
make sure the speed was correct.
Mr. Kissinger responded that traffic could be checked but stop signs
and speed bumps would not be installed on Seitz. He clarified that Seitz Drive
was established as a collector street in 1982.
Norman Kelly, attorney with Norton, Wasserman, Jones and Kelly,
representing Georgetown, Inc. , stated that this is an unusual process and
asked why this street needed to be put in at this time as it will cause his client
to begin marketing now as opposed to their own plans. His client is not
convinced the safety issues are as great as have been presented to the
Commission. He advised that his client was still investigating before coming to
a final decision. Georgetown, Inc. had not planned on developing this area at
this time and may file a written protest. The benefit district was also in
question.
Commissioner Maxwell's question as to when this development was
platted was answered by Mr. Kissinger as the mid '60's. She indicated that
there has been sufficient time to have completed the area.
Esther Kempton, 634 Seitz Drive, spoke against the development of
Seitz Drive stating that she doesn't believe the owners on Seitz Drive are in a
hurry for the street to go through and that they have the same safety concerns
as those living on Georgetown Road.
No other comments offered, Mayor Divine closed the public hearing.
Mr. Kissinger clarified that a protest petition by the property owner
will override any Commission decision to go forward with the development.
Moved by Commissioner Maxwell, seconded by Commissioner Seaton, to
approve the advisability report and Resolution Number 95-4897. Aye: (4) .
Nay: (0) . Abstain: (1) , Perney. . Motion carried.
Moved by Commissioner Brungardt, seconded by Commissioner Maxwell to
approve Ordinance Number 95-9701 for first reading. Aye: (4). Nay: (0).
Abstain: (1) , Perney. .
Commissioner Maxwell asked that staff look at drainage in the area.
(5.2) Resolution Number 95-4898 determining that certain real estate on
Smoky Hill Drive is no longer needed by the City of Salina and that the sale
of the property thereof would be in the best interest of the City.
(5.2a) Authorize staff to solicit bids for a portion of Smoky Hill Drive.
Roy Dudark, Director of Planning and Community Development,
explained that the Parks and Recreation Advisory Board does not wish to use
this property as park property.
Mayor Divine opened the public hearing. No comments were offered,
the public hearing was closed.
Moved by Commissioner Brungardt, seconded by Commissioner Seaton, to
approve Resolution Number 95-4898. Aye: (4). Nay: (0). Abstain: (1),
Maxwell. Motion carried.
Moved by Commissioner Maxwell, seconded by Commissioner Seaton, to
make separate offerings with a minimum bid of $250 each. Aye: (4). Nay:
(0). Abstain: (1), Maxwell. Motion carried.
Mark Baxa, 625 Seitz
Drive, stated he didn't know
Seitz was even
going in.
He feels it will hurt
the
property value of his
home. He also
explained
that the Presbyterian
Manor
Pond behind his house
causes water to
back up
into his yard. This
didn't
happen during the 1993
and 1994 floods
before the pond was put in.
He
asked for consideration
to protect his
property
against water.
Norman Kelly, attorney with Norton, Wasserman, Jones and Kelly,
representing Georgetown, Inc. , stated that this is an unusual process and
asked why this street needed to be put in at this time as it will cause his client
to begin marketing now as opposed to their own plans. His client is not
convinced the safety issues are as great as have been presented to the
Commission. He advised that his client was still investigating before coming to
a final decision. Georgetown, Inc. had not planned on developing this area at
this time and may file a written protest. The benefit district was also in
question.
Commissioner Maxwell's question as to when this development was
platted was answered by Mr. Kissinger as the mid '60's. She indicated that
there has been sufficient time to have completed the area.
Esther Kempton, 634 Seitz Drive, spoke against the development of
Seitz Drive stating that she doesn't believe the owners on Seitz Drive are in a
hurry for the street to go through and that they have the same safety concerns
as those living on Georgetown Road.
No other comments offered, Mayor Divine closed the public hearing.
Mr. Kissinger clarified that a protest petition by the property owner
will override any Commission decision to go forward with the development.
Moved by Commissioner Maxwell, seconded by Commissioner Seaton, to
approve the advisability report and Resolution Number 95-4897. Aye: (4) .
Nay: (0) . Abstain: (1) , Perney. . Motion carried.
Moved by Commissioner Brungardt, seconded by Commissioner Maxwell to
approve Ordinance Number 95-9701 for first reading. Aye: (4). Nay: (0).
Abstain: (1) , Perney. .
Commissioner Maxwell asked that staff look at drainage in the area.
(5.2) Resolution Number 95-4898 determining that certain real estate on
Smoky Hill Drive is no longer needed by the City of Salina and that the sale
of the property thereof would be in the best interest of the City.
(5.2a) Authorize staff to solicit bids for a portion of Smoky Hill Drive.
Roy Dudark, Director of Planning and Community Development,
explained that the Parks and Recreation Advisory Board does not wish to use
this property as park property.
Mayor Divine opened the public hearing. No comments were offered,
the public hearing was closed.
Moved by Commissioner Brungardt, seconded by Commissioner Seaton, to
approve Resolution Number 95-4898. Aye: (4). Nay: (0). Abstain: (1),
Maxwell. Motion carried.
Moved by Commissioner Maxwell, seconded by Commissioner Seaton, to
make separate offerings with a minimum bid of $250 each. Aye: (4). Nay:
(0). Abstain: (1), Maxwell. Motion carried.
Action
95-247
95-248
95-249
95-250
95-251
95-252
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting of July 24, 1995.
(6.2) Resolution Number 95-4899 requesting Saline County approve the
annexation of Highland Meadows Hamlet Addition by the City of Salina.
(6.3) Set a hearing date of August 14, 1995 for an appeal of the Planning
Commission's denial of Conditional Use Application #CU95-5, filed by LaVelle
Frick.
(6.4) Resolution Number 95-4901 setting the date of September 18, 1995 for
a public hearing on dangerous structures.
The Commission discussed items 6.2 and 6.4 clarifying that the
Salina Codes have been reviewed and are complete, and that the electric
franchise 180 day count will begin after the annexation is final.
Moved by Commissioner Seaton, seconded by Commissioner Brungardt, to
approve all items on the consent agenda. Aye: (5) . Nay: (0) . Motion
carried.
DEVELOPMENT BUSINESS
(7.1) Application #P95 -2A, filed by John Heline, requesting approval of a
final plat of Valley View Estates Addition, a 27 lot subdivision of a 20 acre
tract located at the southwest corner of Markley Road and Cloud Street.
Roy Dudark, Director of Planning and Community Development,
explained the final plat and the zoning of the lots.
Commissioner Maxwell discussed the use of the City land adjacent to
this development regarding its use as a Green Space or for potential
development of low income housing with Dennis Kissinger, City Manager.
Moved by Commissioner Seaton, seconded by Commissioner Perney, to
approve application number P95 -2A, final plat approval for Valley View Estates
Addition. Aye: (4). Nay: (0). Abstain: (1), Maxwell as she feels the
surrounding area is being overlooked. Motion carried.
(7.1a) Second reading Ordinance Number 95-9688 providing for the
annexation of Valley View Estates.
Moved by Commissioner Brungardt, seconded by Commissioner Seaton, to
approve Ordinance Number 95-9688 on second reading. A roll call vote was
taken. Aye: (4), Perney, Brungardt, Seaton, Divine. Nay: (0). Abstain:
(1) , Maxwell. Motion carried.
(7.1b) Second reading Ordinance Number 95-9687 providing for the
rezoning of Valley View Estates.
Moved by Commissioner Seaton, seconded by Commissioner Brungardt, to
approve Ordinance Number 95-9687 on second reading. A roll call vote was
taken. Aye: (4), Perney, Brungardt, Seaton, Divine. Nay: (0). Abstain:
(1) , Maxwell. Motion carried.
(7.2) Report on validity and submittal of engineering feasibility report for
Petition Number 4105, filed by Mr. John Heline, requesting certain street and
utility improvements in Valley View Estates Addition.
Don Hoff, Director of Engineering and Utilities, gave the staff report
regarding the disbursement of assessments and declared Petition Number 4105
valid.
Moved by Commissioner Seaton, seconded by Commissioner Brungardt, to
approve the feasibility report for Petition Number 4105. Aye: (5) . Nay:
(0) . Motion carried.
(7.2a) Resolution Number 95-4906 setting out the findings and
determinations of the Governing Body on the advisability of certain street
and utility improvements in Valley View Estates Addition.
Moved by Commissioner Brungardt, seconded by Commissioner Maxwell, to
approve Resolution Number 95-4906. Aye: (5) . Nay: (0) . Motion carried.
Act
— 95-253
95-254
—95-255
(7.3) Report on validity and submittal of engineering feasibility report for
Petition Number 4103, filed by Robert L. Haworth on June 15, 1995,
requesting certain street and utility improvements in Country Club Estates
Addition No. 3.
(7.3a) Resolution Number 95-4903 setting out the findings and
determinations of the Governing Body on the advisability of certain street
and utility improvements in Country Club Estates Addition No. 3.
Don Hoff, Director of Engineering and Utilities, gave the staff report
declaring Petition Number 4103 valid.
Moved by Commissioner Maxwell, seconded by Commissioner Brungardt, to
accept the feasibility report and approve Resolution Number 95-4903. Aye: (5) .
Nay: (0) . Motion carried.
(7.4) Report on validity and submittal of engineering feasibility report for
Petition Number 4104, filed by Mr. James Copas, requesting certain street and
utility improvements in GICO Addition.
(7.4a) Resolution Number 95-4904 setting out the findings and
determinations of the Governing Body on the advisability of certain street
and utility improvements in GICO Addition.
Don Hoff, Director of Engineering and Utilities, gave the staff report
explaining Petition Number 4104 and declaring it valid.
Moved by Commissioner Seaton, seconded by Commissioner Maxwell, to
approve the feasibility report and Resolution Number 95-4904. Aye: (5) .
Nay: (0) . Motion carried.
(7.5) Report on validity and submittal of engineering feasibility report for
Petition Number 4106, filed by Mr. Darvin Dent, requesting certain street and
utility improvements in Woodland Hills Estates Addition.
(7.5a) Resolution Number 95-4905 setting out the findings and
determinations of the Governing Body on the advisability of certain street
and utility improvements in Woodland Hills Addition.
Don Hoff, Director of Engineering and Utilities, gave the staff report
declaring Petition Number 4106 valid.
Dennis Kissinger, City Manager, explained how assessments were
determined for street improvements and invited Mr. Klotz to meet with the
Engineering Department for further clarification.
Lowell Nightingale, 503 Seitz Drive, supported the statements made
by Mr. Klotz. He questioned the interest rate on the assessed money and Mr.
Kissinger advised it would be 5 to 6%.
Don Hoff, Director of Engineering and Utilities, advised that after the
bid letting in September he will have a better cost estimate for prepaying the
assessments and that the work should be done in April or May of 1996.
Commissioner Maxwell noted that there was time for property owners to
prepare to prepay the special assessments and moved to approve the feasibility
report and Resolution Number 95-4905, seconded by Commissioner Seaton.
Aye: (5) . Nay: (0) . Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance Number 95-9698 amending Chapter 23,
Municipal Court, regarding the licensing of Bail Bond Companies and Agents.
Judy Long, City Clerk, explained the ordinance.
Victor Klotz,
509 Seitz Drive, advised the Commission he does
not
want this
property to
develop as he purchased this property to be in
the
country.
He does not
feel he should have to pay for side street assessments
for Glen
Avenue as he
stated he won't use the streets to the east and
does
not feel
he should have to pay for them. He said that not enough time
was
given to prepare for
this improvement and that his neighbors were
also
opposed
to the assessment.
Dennis Kissinger, City Manager, explained how assessments were
determined for street improvements and invited Mr. Klotz to meet with the
Engineering Department for further clarification.
Lowell Nightingale, 503 Seitz Drive, supported the statements made
by Mr. Klotz. He questioned the interest rate on the assessed money and Mr.
Kissinger advised it would be 5 to 6%.
Don Hoff, Director of Engineering and Utilities, advised that after the
bid letting in September he will have a better cost estimate for prepaying the
assessments and that the work should be done in April or May of 1996.
Commissioner Maxwell noted that there was time for property owners to
prepare to prepay the special assessments and moved to approve the feasibility
report and Resolution Number 95-4905, seconded by Commissioner Seaton.
Aye: (5) . Nay: (0) . Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance Number 95-9698 amending Chapter 23,
Municipal Court, regarding the licensing of Bail Bond Companies and Agents.
Judy Long, City Clerk, explained the ordinance.
Action
95-256 Moved by Commissioner Brungardt, seconded by Commissioner Perney, to
approve Ordinance Number 95-9698 on second reading. A roll call vote was
taken. Aye: (5), Perney, Maxwell, Brungardt, Seaton, Divine. Nay: (0).
Motion carried.
(8.2) Second reading Ordinance Number 95-9699 regarding Public
Improvement Procedures.
Judy Long, City Clerk, explained the ordinance.
95-257 Moved by Commissioner Seaton, seconded by Commissioner Maxwell, to
approve Ordinance Number 95-9699 on second reading. A roll call vote was
taken. Aye: (5), Perney, Maxwell, Brungardt, Seaton, Divine. Nay: (0).
Motion carried.
(8.3) First reading Ordinance Number 95-9702 levying special assessments
against certain lots and pieces of property to pay the cost of mowing and
cleanup.
Judy Long, City Clerk, explained the ordinance.
95-258 Moved by Commissioner Maxwell, seconded by Commissioner Perney, to
approve Ordinance Number 95-9702 for first reading. Aye: (5) . Nay: (0) .
Motion carried.
(8.4) First reading Ordinance Number 95-9703 levying special assessments
against certain lots and pieces of property to pay the cost of sidewalk repair.
Judy Long, City Clerk, explained the ordinance.
95-259 Moved by Commissioner Seaton, seconded by Commissioner Perney, to
approve Ordinance Number 95-9703 for first reading. Aye: (5) . Nay: (0) .
Motion carried.
(8.5) Resolution Number 95-4900 authorizing the Mayor to enter into a
license agreement between the City of Salina and FAMDOC, Inc.
Roy Dudark, Director of Planning and Community Development,
explained the request from FAMDOC (Salina Family Physicians) to maintain the
City green space to the east of their property noting the mutual benefit to the
applicant and the City.
95-260 Moved by Commissioner Maxwell, seconded by Commissioner Brungardt, to
approve Resolution Number 95-4900. Aye: (5). Nay: (0). Motion carried.
(8.6) Resolution Number 95-4902 authorizing the naming of the Sunset Park
Horseshoe Courts in honor of Dick Rotach.
Steve Snyder, Director of Parks and Recreation, explained the
request.
Wayne Pollard and Ray Pollard, of the Double Trouble Horseshoe
Club, spoke in favor of the name change.
95-261 Moved by Commissioner Perney, seconded by Commissioner Maxwell, to
approve Resolution Number 95-4902. Aye: (5). Nay: (0). Motion carried.
(9.1) Resolution Number 95-4907 authorizing the City Manager to execute
Certificates of Release from Environmental Condition Liability for property
located at 1417 South Ninth Street.
Dennis Kissinger, City Manager, explained that this was being added
in order to complete the release this week.
95-262 Moved by Commissioner Brungardt, seconded by Commissioner Seaton, to
approve Resolution Number 95-4907. Aye: (5). Nay: (0). Motion carried.
(8.7) Executive Session to discuss a real estate matter.
95-263 Moved by Commissioner Perney, seconded by Commissioner Seaton, to
recess into executive session for the purposes of conducting preliminary
discussions to the acquisition of real property for the reason that public
discussion of the matter would adversely affect the City's ability to potentially
acquire the real property at the least public expense and under the most
favorable terms possible; and that the Commission reconvene in this room in
Action
95-264
twenty minutes or at 5:47 p.m. Aye: (5). Nay: (0). Motion carried.
The Board of Commissioners recessed at 5:27 p.m. and reconvened
at 5:42 p.m., Commissioner Maxwell was not present. The commissioners took
no action.
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Perney, seconded by Commissioner Brungardt,
that the Regular Meeting of the Board of Commissioners be adjourned.
Aye:(4). Nay: (0). The meeting adjourned at 5:43 p.m.
�I1
ohn Divine, Mayor
[SEAL]
ATTEST:
0 -
Ju D. L g , City Cl rk