02-06-1995 MinutesAction
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
February 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, February 6, 1995 at 4:00 p.m.
There were present:
Mayor Joseph A. Warner, Chairman presiding
Commissioner Steve Ryan
Commissioner Peter F. Brungardt
Commissioner Evelyn Maxwell
Commissioner John Divine
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Judy D. Long, City Clerk
None
None
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The Mayor proclaimed the Month of February 1995 as "BLACK
HISTORY MONTH" in the City of Salina. The proclamation will be read by D.
Deane Hudson, Secretary of the Salina branch of the N . A . A . C . P .
(4.2) Presentation of the Government Finance Officer's Association Certifica
of Achievement for Excellence in Financial Reporting.
The Mayor presented the award to Robert K. Biles, Director of
Finance and Administration.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing on street and utility improvements in Pheasant Ridge
Addition, Country Oak Estates, Georgetown Addition, Laurie Subdivision,
Brown & Brown Addition, Country Club Estates Nos. 3 & 4 and Golden Eagle
Estates, Project No. 94-892 and Tasker Addition, Tulane Court Addition, Austin
Subdivision and Country Oak Estates, Project No. 94-898.
(5.1a) First Reading Ordinance 95-9677.
Dennis Kissinger, City Manager, explained that these subdivision
projects were completed over the last year. The final costs have now been
calculated and this hearing is to discuss the assessments to the lots in the
benefit district.
Shawn O'Leary, Assistant Director of Engineering and Utilities, noted
that several phone calls had been received and answered.
Mayor Warner declared the public hearing open.
Becky Mettlen, 1823 Marc, from Millwood Realty, does not own
property but has had concerns from past and prospective buyers regarding the
assessments in the Austin Subdivision.
Charles Caplinger, 1509 Austin, explained that he had understood
that all assessments to his property were paid when he purchased the
property. His lot is being assessed for Claflin Avenue, which he stated is of no
use to him.
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Cheryl Webb, 1501 Austin, stated that she has the same concerns
about Claflin Avenue and would like to know when the petition for these
improvements was signed.
Mayor Warner declared the public hearing closed.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the method of assessment for Claflin Avenue and the drainage
improvement for Austin Subdivision.
Moved by Commissioner Maxwell, seconded by Commissioner Ryan,
that Ordinance Number 95-9677 be introduced for first reading.
Charles Caplinger, 1509 Austin, spoke again regarding his lot being
assessed for Claflin Avenue.
Becky Mettlen, 1823 Marc, spoke again regarding the assessment
notice. She stated that as a realtor she inquires about special assessment and
would like to be told when there are pending or future special assessments.
Charles Caplinger, 1509 Austin, stated that the amount of assessment
was unreasonable.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained why certain lots are assessed and others are not for Claflin Avenue
and the drainage system in Austin Subdivision.
Dennis Kissinger, City Manager, explained that the benefit district
could not be expanded at this time.
Mayor Warner called for a vote on the motion. Aye: (5). Nay:
(0). Motion carried.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting of January 23, 1995.
(6.2) Approval of Change Order No. 1, Project No. 94-894, Salina Municipal
Solid Waste Landfill Site Facilities and Fencing Project in the net amount of
$5,150.
(6.3) Set date to receive bids for the 1995 Street Marking Project.
(6.4) Sale of surplus fire truck, 1963 F850 Ford pumper.
(6.5) Report on bids received for the Utility Cut Repairs of Streets, Alleys,
Driveways and Sidewalks, Project No. 95-920.
(6.6) Change Order No. 1 for the Oakdale Park Performing Stage, Project
No. 94-914, in the net amount of $10,960.
(6.7) Change Order No. 1 for the Fox -Watson Storefront Remodeling Project
No. 94-915 in the net amount of $875.
(6.8) Request to place private sign in public right-of-way by the North
Salina Business Association.
(6.9) Petition No. 4093, filed by Monty Montee on February 3, 1995, for
the construction of a timber pedestrian span bridge over the Dry Creek
Channel to serve lots in the Country Oak Estates Addition.
Commissioner Maxwell suggested that the sign on item 6.8 be clarified.
Moved by Commissioner Brungardt, seconded by Commissioner Ryan,
that all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) .
Motion carried.
DEVELOPMENT BUSINESS
(7.1) Consider final approval of property tax exemption for REMA Bakeware.
(7.1a) First Reading Ordinance Number 95-9673.
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Roy Dudark, Director of Planning and Community Development
explained the tax exemption request.
Moved by Commissioner Divine, seconded by Commissioner Brungardt,
that Ordinance Number 95-9673 be introduced for first reading. Aye: (5).
Nay: (0) . Motion carried.
(7.2) Consider final approval of property tax exemption for Salina Vortex
Corporation.
(7.2a) First Reading Ordinance Number 95-9674.
Roy Dudark, Director of Planning and Community Development,
explained the tax exemption request.
Moved by Commissioner Brungardt, seconded by Commissioner Divine
that Ordinance Number 95-9674 be introduced for first reading. Aye: (5).
Nay: (0) . Motion carried.
(7.3) Consider final approval of property tax exemption for SP Plastics
Manufacturing.
(7.3a) First Reading Ordinance Number 95-9675.
Roy Dudark, Director of Planning and Community Development,
explained the tax exemption request.
Moved by Commissioner Ryan, seconded by Commissioner Maxwell,
that Ordinance Number 95-9675 be introduced for first reading. Aye: (5).
Nay: (0). Motion carried.
(7.4) Consideration of an amendment to the Comprehensive Plan affecting an
area of east Salina.
(7.4a) First Reading Ordinance Number 95-9676.
Roy Dudark, Director of Planning and Community Development,
explained the proposed amendment to the Comprehensive Plan.
Moved by Commissioner Divine, seconded by Commissioner Maxwell,
that Ordinance Number 95-9676 be introduced for first reading.
Bruce Broce, 2249 Markley Road, asked about the utilities which may
be placed in these primary and secondary areas.
Frank Norton, 2524 E. Magnolia, spoke regarding the development of
property in Saline County. He will not be benefitting since one of the areas of
concern is only one quarter (1/4) of a mile south of Magnolia Road.
Dennis Kissinger, City Manager, explained that differences would be
reviewed on a case by case basis as requested. The changes in question today
are the maps and policy change as explained in the blue sheet.
Mayor Warner called for a vote on the motion. Aye: (5) . Nay:
(0) . Motion carried.
ADMINISTRATION
(8.1) Resolution Number 95-4845 authorizing the Mayor to execute an
agreement with Wilson and Company to perform professional engineering services
in connection with the design of certain improvements to the water distribution
system for an amount not to exceed $24,300.
Don Hoff, Director of Engineering and Utilities, explained the
proposed improvements and agreement.
Moved by Commissioner Ryan, seconded by Commissioner Divine, that
Resolution Number 95-4845 authorizing the Mayor to execute an agreement with
Wilson and Company to perform professional engineering services in connection
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with the design of certain improvements to the water distribution system for an
amount not to exceed $24,300, be adopted. Aye: (5) . Nay: (0) . Motion
carried.
(8.2) Report on bids received January 31, 1995 for vehicles and equipment.
Robert K. Biles, Director of Finance and Administration, explained
bids received.
Steve Snyder, Director of Parks and Recreation, explained the use of
the 15 passenger van.
Frank Weinhold, Director of General Services, spoke regarding the
trade-in value of his equipment.
Moved by Commissioner Maxwell, seconded by Commissioner Divine
that the bids for vehicles and equipment be awarded as recommended. Aye:
(5) . Nay: (0) . Motion carried.
(8.3) Award of contract for the Broadway Boulevard Street Improvements
Project No. 94-918.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the bids that were received.
Moved by Commissioner Divine, seconded by Commissioner Brungardt,
that the contract for the Broadway Boulevard Street Improvements Project No.
94-918 be awarded to J.H. Shears' Sons in the amount of $83,356.20. Aye:
(5) . Nay: (0) . Motion carried.
(8.4) Award of contract for the Well House Rehabilitation Project No.
93-887.
Don Hoff, Director of Engineering and Utilities, explained the Project
and the bids received.
Moved by Commissioner Ryan, seconded by Commissioner Maxwell,
that the contract for the Well House Rehabilitation Project No. 93-887 be awarded
to Lancaster Const. in the amount of $125,472. Aye: (5) . Nay: (0) . Motion
carried.
(8.5) Resolution Number 95-4844 authorizing certain street and utility
improvements in Country Club Estates Addition #3.
Dennis Kissinger, City Manager, explained the resolution and the
area of the proposed improvements.
Mayor Warner recessed the meeting for 5 minutes at 6:25 p.m. The
meeting reconvened at 6:30 p.m.
Maynard Nelson, 160 S. Estates Drive, owner of Lot 9, said he feels
that Lots 1 & 2, Block 9, Country Club Heights Addition, should be a part of
the benefit district. He stated that Lot 9 would not benefit from the proposed
improvements. He questioned the validity of the petition based on the owners
signatures. He would like to know why the cul-de-sac was not moved farther
forward away from his property. He had questions regarding the property
owned by Bob Haworth.
Moved by Commissioner Maxwell, seconded by Commissioner Divine,
that the City Commission recess into executive session for 10 minutes for the
purpose of discussing with the City Attorney a matter subject to the
attorney-client privilege for the reason that public discussion of the matter
would waive the attorney-client privilege and could adversely affect the City's
position in the matter. Aye: (4). Nay: (1). Commissioner Ryan opposed.
Motion carried.
The meeting recessed at 6:44 p.m. and reconvened at 6:54 p.m.
Moved by Commissioner Maxwell, seconded by Commissioner Divine,
that the City Commission return to executive session for 10 minutes. Aye: (4).
Nay: (1) . Commissioner Ryan opposed. Motion carried.
The meeting recessed at 6:58 p.m. and reconvened at 7:08 p.m.
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Dennis Kissinger, City Manager, stated the project provides benefits
to all the lots involved including Lot 9, and answered Commissioner Maxwell's
questions, for example: primary water service for firefighting to all lots;
primary water service is intended to come from Eastborough despite previously
allowed hook-up for Lot 9; primary firefighting access to all lots from
Eastborough extension; Lots 6, 7, 8 and 9 all directly abut Eastborough
right-of-way; the drainage channel through Lot 9 can be crossed by pedestrian
bridge or simple vehicle bridge as Eastborough access to existing home if, in th
future, owners wish to build either and use the street more actively for
parking, visitors, etc; all lots pay that portion of drainage system costs related
to the legal frontage street (Eastborough) benefitting them; the City is paying
portion of storm drainage benefiting city -at -large; without Eastborough as the
legal frontage street, Lot 9 becomes a non -conforming lot under City Subdivisior.
Ordinances and may have future problems in resale or otherwise, and lots 6, 7
and 8 are not buildable without Eastborough. All lots must have legal frontage
to a public street. Lot 9 was planned, in the 1977 preliminary and final plattin€
by the original owner and developer to have access from Eastborough. This
legal Eastborough access street frontage was the only reason Mr. Nelson was
able to build on Lot 9 at the time he did. Lot 9 does not meet ordinance
requirements for Estates Drive to be its legal frontage, even though Mr Nelson
owns twenty feet of Lot 5.
Moved by Commissioner Ryan, seconded by Commissioner Brungardt,
that Resolution Number 95-4844 authorizing certain street and utility
improvements in Country Club Estates Addition #3, be adopted.
Commissioner Maxwell asked what the alternative actions would be and
that the Commissioners consider a time extension in order to meet with Mr.
Nelson.
Dennis Kissinger, City Manager, explained to Commissioner Maxwell
that if the Commissioner were to vote against the motion, they would need to
express what the objections are and how they would like to proceed and that
they may table the item or approve it.
Commissioner Maxwell called for an amendment to the motion to extend
the time period to allow Mr. Nelson, Mr. Haworth, Shawn O'Leary, Greg
Bengtson and Mr. Kissinger to meet and discuss amendments. Motion failed for
lack of a second.
Mayor Warner called for a vote on the original motion. Aye: (4) .
Nay: (1) . Commissioner Maxwell opposed. Motion carried.
OTHER BUSINESS
None
ADJOURNMENT
Moved by Commissioner Divine, seconded by Commissioner Brungardt,
that the Regular Meeting of the Board of Commissioners be adjourned. Aye:
(5) . Nay: (0) . The meeting adjourned at 7:21 p.m.
Josep A. Warner, Mayor
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ATTEST:
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