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ANDOVER CITY COUNCIL

August 27, 2002

Minutes

The Andover City Council met for a regular meeting on Tuesday, August 27, 2002 at 909 N. Andover Road in the Andover Civic Center. Mayor Dennis Bush called the meeting to order at 7:00 p.m. City Council Members present were Keith Zinn, Charley Lewis, Sheri Geisler, Bob Ruth and Ben Lawrence. Others in attendance were: City Superintendent Les Mangus, Administrative Services Director Donna Davis, City Financial Advisor Jerry Rayl, Administrative Secretary Amy Train, City Attorney Norman Manley, Police Chief Randall Harris, and City Clerk/Administrator Jeff Bridges. Council Member Harry Hale was absent.

Call to Order

The Invocation was given by Pastor Dean Von Stroh of Peace Lutheran Church.

Invocation

The Pledge of Allegiance was led by Mayor Bush.

Pledge of Allegiance

Jeff Bridges presented the Deveron Drive paving and storm sewer project. He stated Deveron Drive is an existing paved street without curb or gutter. Under the current road rehabilitation program, if the drainage requirements call out for storm sewer improvements, then the storm sewer improvements would be assessed to the property owners and the blacktop surface would be paid for by the City through the sales tax. A meeting was held earlier with most of the property owners.

Mayor Bush opened the public hearing for the Deveron Drive paving and storm sewer project at 7:04 p.m. No one spoke. Mayor Bush closed the public hearing at 7:04 p.m.

Public Hearing: Deveron Drive Paving and Storm Sewer Project

Jim Ubert presented the Bales Tracts and Green Acres sanitary sewer project. He stated that most of the properties in the project area are too small for both sewage lateral fields and water wells. "The area is at risk to develop a threat to public health. Sanitary sewers are needed." He then explained the project and where the connections would be made.

There were several questions asked regarding the design of the project and the necessity of keeping the north portion and the south portion of the benefit district together in one benefit district.

Les Mangus stated that the connection of the sewer would be on the north end of the benefit district and the south portion of the benefit district could not bypass going through the north section.

Jeff Bridges stated explained the annexation plan calling for the improvement of public utilities over a certain period of time. He further stated that state statutes do not allow for protest out of the project, and that the public hearing this evening was more about hearing about what the residents concerns are before taking formal action.

Jerry Rayl stated that a public hearing was not necessary in this case, however the City Council decided at a prior meeting, they wanted to hear from the public on this issue.

Mayor Bush opened the public hearing for Bales Tracts and Green Acres sanitary sewer project at 7:19 p.m.

Jerold Barnhart of 1017 Ginkgo Lane asked why the square foot assessment was used in determining the cost of assessments for this project.

Jerry Rayl stated that the square foot method of assessment was used primarily because of the obvious discrepancy in the size of the properties. He further stated this was the most fair and equitable method to everyone concerned in the project. "Obviously, the larger lots will be hit harder as far as the assessments are concerned." The other methods of assessment such as equal cost per lot and assessment based on assessed value did not seem to be equitable in that the larger lots were subject to subdivision in the future.

Mr. Barnhart stated that the usage would be the same on the sewer no matter if you own a five acre lot or 150 square foot lot.

Mr. Rayl stated that the law does not allow the consideration of use of the property when the assessments are assessed.

Mr. Barnhart submitted a copy of a lawsuit filed in Douglas, Kansas and a copy of the Supreme Court Hearing that gave relief on those situations stating that it is not fair or equitable. He further stated the hearing allowed a front foot or usage basis only. "I am here to tell you that we are highly grieved at the methods. First of all, the government is for the people, by the people, not to the people." He further stated his neighborhood does not feel this is fair or in their best interest. He did not believe his neighborhood had a sewer problem.

Raymond Metclaf of 628 Daisy Lane stated the City has stated there are open sewers in that neighborhood. He wanted to how many violations there are. He also asked if there was an option of having the property owners that have the problems with their sewers, simply fix their problems and not have everyone else pay to have the problems fixed.

Dennis Bush stated that was an option. However, it was not the most economical and desirable option.

Marilyn Huffmaster of 316 W. Harry stated she and her husband own seven acres and are faced with a $25,000.00 assessment for the sewer. She stated that price was just too high. When their sewer was not working, they fixed it. She suggested giving the property owners a 10-year period of time to save for this improvement. She suggested that with that kind of time frame, the residents would be more receptive and prepared.

Keith Zinn stated that the seven acres could be subdivided and therefore caries a higher price for the improvement.

Jerald Barnhart of 1017 Ginkgo Lane spoke again. He stated that very few of the lots could be subdivided because there are no easements or roads to get back to the portions of the lots that could be sold.

Keith Zinn stated that roads could be built to gain access to the back half of the lots.

Danielle Dodds of 650 Daisy Lane asked if the Green Acres Addition could be taken off of the project. It seems to her that those people do not want the sewer and the people in Bales need the sewer.

Les Mangus stated that it would not be possible to serve the north half of the benefit district without serving at least a portion of the south half because the connection will be made on the south.

Jerald Barnhart of 1017 Ginkgo Lane spoke regarding his hope of having the City participate in some of the costs of the improvements. He stated that if the Bales Addition needed to have the sewer drain through the Green Acres Addition, wouldn’t that be considered a collector sewer and therefore qualify to be paid in part by the City at large.

Jeff Bridges stated that the City’s policy will not pay for anything under an eight inch line. The line running through to the north end of this project is an eight-inch line.

Mayor Bush closed the public hearing at 7:28 p.m.

The Council deliberated on what their options were.

Keith Zinn stated he was not sure how the state would have us enforce a solution to the sewage problem if this project did not pass.

Jeff Bridges stated that if this did not pass, the next step would be for staff to go lot to lot and do septic system investigations and have the residents fix the substandard septic systems.

Mr. Mangus stated that the problem with having some of the residents fix there systems this year and some the next, is you end up with a checkerboard effect. Every year it is a different neighbor that is having to fix a lateral field at a cost of $3,000.00 to $7,000.00.

Mr. Winton Hinkle reviewed the information about the lawsuit which was presented earlier in the public hearing, that was filed in Douglas, Kansas. He stated the case in question was decided by the Kansas Supreme Court in 1961 under a completely different statute then the City of Andover is operating under. He felt that the there were many differences in that case. He further stated that case runs directly in opposition to an entire line of decided cases under the statute which you are proceeding. "In my opinion, the court would not adopt the rational of that case in reviewing special assessments under the statute that you are looking at. My belief is that the method of assessment that has been recommended to you has been arrived at on a rational basis, is expressly permitted by the statute, and would be upheld by the courts."

Public Hearing: Bales Tracts and Green Acres Sanitary Sewer Project

Mayor Bush opened the floor to public comment. No one spoke.

Public Comment

Jeff Bridges requested that the Community Lakes Assistance Agreement be added to the regular agenda for discussion. Mr. Bridges stated that an addition needed to be made on the Consent Agenda. He requested an addition be made to item G, Prairie Star Addition, of the approval of the plat and authorization for the Mayor to sign the developer’s agreement.

A motion was made by Keith Zinn, seconded by Sheri Geisler, to approve the agenda with the addition of the Community Lakes Assistance Agreement and the addition of the approval of the plat and authorization for the Mayor to sign the developer’s agreement for consent agenda item G (Prairie Star Addition).

In further discussion, Ben Lawrence requested that item G, approve developer’s agreement between the City of Andover and Minor Emergency Center, P.A. (Prairie Star Addition) and authorize the Mayor to sign the agreement, be removed from the consent agenda.

Keith Zinn amended his motion to exclude item G, Approve developer’s agreement between the City of Andover and Minor Emergency Center, P.A. (Prairie Star Addition) and authorize the Mayor to sign the agreement, from the consent agenda and place it in the regular agenda. Sheri Geisler amended her second. Motion carried 6/0.

Approval of the Agenda

A motion was made by Sheri Geisler, seconded by Ben Lawrence, to approve the consent agenda as follows:

  1. Approval of Minutes: August 13, 2002 City Council Meeting
  2. Receive and File Minutes: August 20, 2002 Planning Commission Meeting.
  3. July 19, 2002 Communication Committee Meeting

  4. Approve Appropriation Ordinance No. B-15-02 in the amount of $1,129,220.46.
  5. Approve Road Closure request for USD 385 for September 6, 2002 (Allison Street from Main to Church)
  6. Accept proposal from APAC Construction for road rehabilitation projects (Grace Ave, Lioba, and Angle Lane)
  7. Authorize purchase of LED replacement lenses for 21st Street traffic signal

  1. Approve Change Order #3 Cedar Park Street and drainage improvements
  2. Approve revised composting grant project plans as submitted to the Kansas Department of Health and Environment.

Motion carried 6/0

Approval of the Consent Agenda

Ben Lawrence excluded himself, due to a potential conflict of interest, from the discussion and any vote regarding item G, Approve developer’s agreement between the City of Andover and Minor Emergency Center, P.A. (Prairie Star Addition).

A motion was made by Keith Zinn, seconded by Bob Ruth, to approve the plat and developer’s agreement between the City of Andover and Minor Emergency Center, P.A. (Prairie Star Addition) and authorize the Mayor to sign the agreement.

In further discussion, Sheri Geisler asked when this plat had been approved by the Planning Commission.

Les Mangus stated this plat had been approved by the Planning Commission and the Subdivision Committee as the Reed Addition almost 3 years ago.

Sheri Geisler stated she did not feel comfortable approving a plat she was not familiar with.

Motion carried 3/1/1 with Sheri Geisler in opposition and Ben Lawrence abstaining.

Prairie Star Addition: Developer’s Agreement

Jerry Rayl presented Resolution 02-20: A resolution of advisability on the making of storm sewer improvements on Deveron Drive. He stated this is the next step in the process of proceeding with the improvements after the public hearing held earlier in the evening. A motion was made by Keith Zinn, seconded by Sheri Geisler, to approve Resolution 02-20: A resolution of advisability on the making of storm sewer improvements on Deveron Drive. Motion carried 5/0

Resolution 02-20: Storm Sewer: Deveron Dr.

Jerry Rayl presented Ordinance No. 1180: An ordinance authorizing construction of storm sewer improvements for Deveron Drive, stating this ordinance is the second action required by the Council to authorize the improvements to Deveron Drive. It provides for the construction of the project as well as the issuance of temporary notes as necessary and provides for the special assessments to be levied based on the actual costs. A motion was made by Ben Lawrence, seconded by Sheri Geisler, to approve Ordinance No. 1180: An ordinance authorizing construction of storm sewer improvements for Deveron Drive. Motion carried 5/0.

Ordinance No. 1180: Authorizing Construction of storm sewer improvements for Deveron Drive

Jerry Rayl presented Resolution No.02-21: a resolution of advisability on the making of sanitary sewer improvements in the Bales Tracts / Green Acres Additions. He stated this was the next step on proceeding with the sewer project after the public hearing held earlier in the evening.

Bob Ruth stated he would like to look at other options, if there were any, for having only parts of the Bales Tracts hooked up to sewer because the north half of the benefit district needs the sewer.

Sheri Geisler asked what options the residents had if they could not pay for the improvements.

Jeff Bridges stated the improvements are levied to their tax bills. They don’t have a choice on paying their property taxes.

Charley Lewis asked what the time frame would be on the project and when the assessments would be levied.

Mr. Bridges stated the project could be started in early 2003 and the payments would be assessed at the earliest on the November 2004 tax bill.

There was some discussion regarding bond rates and financing timetables.

Ben Lawrence asked about what other costs the property owner would incur besides the assessment.

Les Mangus stated the $1,250.00 tap fee, which can be rolled into the special assessments, would need to be paid and the old septic system would have to be closed up.

Hazel Morris of 1122 Ginkgo Lane asked if both of the houses on one property would have to be hooked up to the sewer.

Les Mangus stated that both would need to be hooked up and each would pay a separate tap fee.

Ben Lawrence encouraged staff and bond counsel to delay the cost to 2005 if possible. He then made a motion, seconded by Sheri Geisler, to approve Resolution No.02-21: a resolution of advisability on the making of sanitary sewer improvements in the Bales Tracts / Green Acres Additions. Motion carried 3/2 with Charley Lewis and Keith Zinn in opposition.

Resolution No.02-21: sanitary sewer improvements in the Bales Tracts / Green Acres Additions.

Jerry Rayl presented Ordinance No. 1181: An ordinance authorizing construction of sanitary sewer improvements in the Bales Tracts / Green Acres Additions. He stated this was the second part of authorizing the project and would allow for the provision of temporary notes. He further stated that the ordinance would need to be adopted by at least four members of the Council to be adopted. A motion was made by Bob Ruth, seconded by Sheri Geisler, to table Ordinance No. 1181: An ordinance authorizing construction of sanitary sewer improvements in the Bales Tracts / Green Acres Additions, to the next regularly scheduled meeting on September 10, 2002. Motion carried 5/0.

Ordinance No. 1181: Sewer Improvements Bales Tracts / Green Acres Additions

Mayor Bush called a five minute recess at 8:23 p.m.

Mayor Bush called the meeting back to order at 8:29 p.m

 

The Raytheon facilities release of lease was presented by Winton Hinkle. He stated that the bonds were issued in 1981 and was paid in full in 1995 or 1996. He further stated that the property had been returned to the tax rolls quite sometime ago. A motion was made by Keith Zinn, seconded by Charley Lewis, to approve Resolution 02-22: A resolution authorizing the conveyance of certain real property in the City of Andover, Kansas to Raytheon Aircraft Corporation. Motion carried 5/0.

Resolution 02-22: Raytheon Facilities Release of Lease

Jeff Bridges presented Ordinance No. 1169: An ordinance annexing certain properties into the City of Andover (McFadden Commercial Tract – US Hwy 54). Mr. Bridges stated that the Planning Commission has recommended approve. A motion was made by Keith Zinn, seconded by Sheri Geisler, to approve Ordinance No. 1169: An ordinance annexing certain properties into the City of Andover (McFadden Commercial Tract – US Hwy 54). Motion carried 4/1 with Ben Lawrence in opposition.

Ordinance No. 1169: Annexing McFadden Commercial Tract – US Hwy 54

Jeff Bridges presented Ordinance No.1170: An ordinance amending the zoning for certain tracts in the City of Andover (McFadden Commercial Property – A-1 to B-3 & B-5). He stated this was sent back from the Planning Commission with the same recommendations as before, however it has been severed from the MH-2 zoning.

Keith Zinn asked if the only special use being requested with the B-3 is for storage units.

Tim McFadden, property owner, stated that was the only special use applied for in the B-3 zoning.

Les Mangus oriented the Council as to where the property is located and went over the conditions.

Mr. Zinn asked about hours of operation, lighting and screening.

Mr. McFadden stated that all of those issues would be addressed during the review before the Site Plan Committee.

A motion was made by Ben Lawrence, seconded by Keith Zinn, to approve Ordinance No.1170: An ordinance amending the zoning for certain tracts in the City of Andover (McFadden Commercial Property – A-1 to B-3 & B-5) based upon the factors and findings of the Planning Commission. Motion carried 5/0.

Ordinance No.1170: Amending zoning on McFadden Commercial Property – A-1 to B-3 & B-5

Les Mangus presented Ordinance No. 1179: An ordinance amending the zoning regulations of the City of Andover, amending the R-1 & R-2 zoning districts. He stated this change was the result of discussion at the Planning Workshop. There was discussion regarding the reason for amending the zoning districts instead of creating new districts. Mr. Mangus stated that the R-1 zoning has not been used outside of a Planned Unit Development since 1980. The Planning Commission took about six months to review this issue and they recommend approval. The passage of this ordinance will have no effect on existing R-1 or R-2 properties. Mr. Mangus explained the changes and there was general discussion regarding the lot sizes and the proposed changes. Part of the discussion was regarding the Planned Unit Developments and the roll they play in amending a zoning district within the PUD. He stated the intent of this change was to make the exceptions less common than the rule. A motion was made by Ben Lawrence, seconded by Sheri Geisler, to table Ordinance No. 1179: An ordinance amending the zoning regulations of the City of Andover, amending the R-1 & R-2 zoning districts, to the next meeting scheduled for September 9, 2002. Motion carried 5/0.

Ordinance No. 1179: Amending the Zoning Regulations, amending the R-1 & R-2 zoning districts.

Jeff Bridges presented the discussion of Andover’s inclusion in the Metropolitan Planning Organization (MPO) for Transportation. He stated the City of Andover is now been included in the metropolitan planning region for transportation planning because of the 2000 census. This would necessitate a change in the way Wichita runs their MPO. One change will be the inclusion of elected officials in the MPO and less appointed officials.

Les Mangus added the effects will be minimal because the MPO has ultimate control over federally funded projects. There was some discussion regarding the City’s mandatory inclusion in the MPO. No action was taken on this issue.

Andover’s Inclusion in the Metropolitan Planning Organization for Transportation

During the discussion regarding the Communication Committee Activities, Bob Ruth made a suggestion based on the information that had been discussed at the Council workshop meeting. He suggested that the equipment being purchased for the televising of the Council Meetings not be bought one piece at a time. He further stated he would like to see the entire project done from start to finish. He made a motion, seconded by Sheri Geisler, to authorize the not more than $25,000.00 for the purchase of equipment as proposed by the Communications Committee for the purpose of televising and re-broadcasting of City Council Meetings and updating the Cable channel 7.

In further discussion, Ben Lawrence stated the Council had just approved the 2003 budget. He asked where the money was to come from.

Bob Ruth stated the money is in the administrative equipment reserve fund.

Ben Lawrence stated that the administrative equipment reserve fund was set up for when the City Hall moves.

It was stated that all of the equipment being purchased would move very easily when City Hall has a new building.

Bob Ruth amended his motion to include a final approval by City Council. Sheri Geisler amended her second to that motion.

Charley Lewis understood the frustration with the whole situation, however she stated she was uncomfortable approving $25,000 for this equipment.

Ben Lawrence agreed that to much time has been spent on researching this project already with no action taking place. Motion carried 4/1 with Charley Lewis in opposition.

Jeff Bridges presented an example of what the new Andover Channel will look like as developed by Bill Duggan.

Communication Committee Activities

Mayor Bush presented the discussion on the County Sales Tax. He stated that Butler County is proposing a one-cent sales tax. Mayor Bush explained the ramifications of the City of Andover being adjacent to the City of Wichita with a 6.3% sales tax. If the County would get there 1% sales tax, then Andover would have a sales tax in 7.3%. He stated that retailers would chose to build newer businesses in Wichita making Andover less competitive. The County is proposing this sales tax to provide tax relief to the entire County. Our current 1% sales tax stays in our community and go to the improvement of our roads.

Keith Zinn and Ben Lawrence echoed Mayor Bush’s thoughts on the County’s proposed 1% sales tax.

Mayor Bush encouraged the Council to talk to the people and let them know this proposed sales tax is a bad deal.

County SalesTax

Les Mangus presented the additional agenda item of the Community Lake Assistance Agreement. He stated the Department of Wildlife and Parks has granted us $40,000.00 at a 66% and 33% split to fund a fishing stations and a sidewalk around the lake. Jeff Bridges stated that our local match in the project will be in the form of labor. A motion was made by Ben Lawrence, seconded by Sheri Geisler, to approve the Community Lake Assistance Agreement with the Kansas Department of Wildlife and Parks. Motion carried 5/0.

Community Lake Assistance Agreement

A motion was made at 9:39 p.m. by Sheri Geisler, seconded by Ben Lawrence, to go into executive session for five minutes for non-elected personnel to include the Mayor, Council, Jeff Bridges and Norman Manley. Motion carried 5/0.

A motion was made by Ben Lawrence, seconded by Sheri Geisler, to come out of executive session at 10:05 p.m.

Executive Session:

Non-Elected Personnel

Member Items:

Sheri Geisler stated there was a letter in the packets from the Communications Committee that will be published in the newspaper. It simply askes the public for input on the ways to better improve communication. She further stated that the newspaper has given the City a column to use as a communication tool for information.

Sheri Geisler stated she likes the new benches and trashcans that are along the new sidewalks on Central Ave. and 13th Street.

Ben Lawrence stated that he had attended the last GAD meeting and buttons will be available on Friday. He stated GAD is well on it’s way.

Ben Lawrence asked what the delay has been on the monument at Central Park.

Jeff Bridges stated staff is meeting with Barclay Construction regarding that.

Ben Lawrence stated the Park Planning Committee has a meeting on Thursday and will then be coming before the Council with final recommendations for the playground equipment for the 13th Street Sports Park.

Keith Zinn gave a brief history of GAD. He then asked about where the proceeds went.

Jeff Bridges stated that GAD is a fundraiser for the Chamber of Commerce.

There was general discussion regarding the volunteer opportunities for GAD.

Keith Zinn asked for a Golf Course update.

Les Mangus stated the sprigging was complete and the watering is going on and the Course is green.

Ben Lawrence stated he had played the course and the greens are green, however they are too long. He stated the course is improving however, there are still maintenance issues.

Charley Lewis thanked Keith Zinn for filling in for her and Ben Lawrence at the last Fire Board Meeting.

Charley Lewis stated that the Council could get involved with an event for Greater Andover Days. After some discussion, it was suggested to host something like a watermelon feed with the Council Members serving the watermelon.

Member Items

A motion was made by Bob Ruth, seconded by Sheri Geisler, to adjourn the meeting at 10:20 p.m. Motion carried 6/0.

Adjournment

Respectfully Submitted by

Amy Train

Administrative Secretary

Approved this 10th day of September, 2002 by the City

Council, City of Andover.

Jeffrey K. Bridges

City Clerk