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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