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04-26-1999 MinutesCommission Action # U­dek. 1a CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS April 26, 1999 4:00 p.m. The City Commission convened at 3:30 p.m. in a Study Session for an Open Public Forum. The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City -County Building. A roll call was taken followed by the Pledge of Allegiance and a moment of silence. There were present: Mayor Monte D. Shadwick, Chairman presiding Commissioner Alan E. Jilka Commissioner Don Heath Commissioner Larry L. Mathews 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. None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The Day of Thursday May 6, 1999 as A DAY OF PRAYER in the city of Salina. The proclamation was read by Roberta Huseman, Chairman of the Salina National Day of Prayer. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of April 19, 1999. (6.2) Extension of temporary closure date of South Fifth Street between South Street and Center Street until June 1, 1999. (6.3) Resolution Number 99-5456 establishing the service charge for a returned check to the City of Salina. (6.4) Resolution Number 99-5457 initiating proceedings for improvement of a portion of Centennial Road. (6.5) Resolution Number 99-5458 authorizing the City Manager to execute an agreement for Workers' Compensation, Third -Party Administrator services with Berkley Administrators. Jason Gage, Assistant to the City Manager, responded to Commissioner Seaton's question regarding item 6.5. 99-2004 Moved by Commissioner Seaton, seconded by Commissioner Jilka, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. Commission Action # None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Resolution Number 99-5459 determining the advisability of issuing industrial revenue bonds for the purpose of financing the acquisition, construction, and equipping of a family entertainment center. Greg Bengtson, City Attorney, gave the staff report. Joe Frank, 100 Douglas, applicant, explained the proposed project. Mr. Bengtson explained the City's role in the industrial revenue bond issues and what happens in the case of a default. Greg Dover, First Public Finance, advisor to the applicant, explained why they wished industrial revenue bond financing. Bob Albers, 10693 West Lockerd Road, used to own the property for the proposed project. He stated that the area was used for demolition refuse and that he has tests showing the ground is contaminated. He doesn't feel it is a proper place to build a go-kart track. He said the application isn't true, that there was no other facility within ninety miles. He is starting to build one out by the Outpost and doesn't feel that the City should be in competition with him. Dennis Kissinger, City Manager, spoke regarding the contamination. He said that there was an environmental review done at the time of purchase Mr. Albers would primary responsible party. Shawn O'Leary, Director of Engineering, explained that the City's interest will come when streets and utilities are put in. Don Hoff, Director of Utilities, explained that the Corps of Engineers has done an extensive study of the TCE contamination in the Airport Industrial area. The Corps has not begun their remediation in this area. It has not been determined if the contamination has come from Mr. Albers work or the military base. Mr. Albers noted that he buried material that belonged to the City, that he has his state license and was told to dump there. Once it was found out that the material was contaminated he was told to stop and he did. Mr. Frank, applicant, spoke again that he is developing a full phase entertainment center, not just a go-kart track. He is not asking for tax exemptions, they are just using this for financing. Extensive clean up has also taken place since he has purchased the property. Jim Drake, 1401 Adam Travis Court, spoke regarding the project, the debt service each year is very high. He asked who is at risk? Mr. Kissinger explained again that the taxpayers are not at risk in this project. The bonds are not backed by taxpayer dollars. 99-2005 Moved by Commissioner Jilka, seconded by Commissioner Seaton, to adopt Resolution Number 99-5459. Aye: (5). Nay: (0). Motion carried. (8.2) Approve final costs and set assessment hearing date for the 1999 special assessments. Shawn O'Leary, Director of Engineering and General Services, explained the final costs for Project Numbers 99-1177, 98-1137, 97-1072, and 97-1001. Commission Action # e WldaldSaol: -- 99-2009 99-201 99-2011 Moved by Commissioner Seaton, seconded by Commissioner Heath, to approve the final costs and set May 10, 1999, for a public hearing on the proposed assessments and instruct the City Clerk to publish a notice of the public hearing, and to mail a notice of the public hearing to each property owner in the benefit district. Aye: (5). Nay: (0). Motion carried. (8.3) Approval of Change Order No. 2, Underground Cable Installation Project No. 98- 1086. Don Hoff, Director of Utilities, explained the change order not to exceed $90,800. Moved by Commissioner Heath, seconded by Commissioner Jilka, to approve Change Order No. 2, Project No. 98-1086, in an amount not to exceed $90,800 and authorize TBS Construction, Inc., Chanute, Kansas, to install the underground cable to remote approximately 1,200 additional water meters. Aye: (5). Nay: (0). Motion carried. (8.4) Award of contract for the 1999 Dangerous Structures Demolition, Project No. 99- 1173. Shawn O'Leary, Director of Engineering and General Services, explained the project and the bids received. Moved by Commissioner Seaton, seconded by Commissioner Mathews, to award the contract for the 1999 Dangerous Structures Demolition, Project No. 99-1173 to Bob Smith Salvage in the amount of $10,150.00. Aye: (5). Nay: (0). Motion carried. (8.5) Consideration of proposals for removal of asbestos from locomotive in Kenwood Park. Steve Snyder, Director of Parks and Recreation, explained the project. Moved by Commissioner Jilka, seconded by Commissioner Seaton, to award the contract to Wellington Environmental, Wichita, in the amount of $18,391.00 for the removal of asbestos from the locomotive in Kenwood Park. Aye: (5). Nay: (0). Motion carried. (8.6) Establishing a formal City position on a State Comprehensive Transportation Program. Dennis Kissinger, City Manager, explained the program and the differences between the two draft resolutions. Moved by Commissioner Seaton, seconded by Commissioner Heath, to approve Draft B, Resolution Number 99-5460. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) City Commissioner Board Appointments. (8.7) Request for executive session to discuss a legal matter. Moved by Commissioner Seaton, seconded by Commissioner Jilka, that the City Commission recess into executive session for fifteen minutes to discuss with the City Attorney a matter which is subject to the attorney-client privilege, for the reason that public discussion of the matters would waive that privilege and adversely affect the City's interests in the matter; and that the Commission reconvene in this room at 5:47 p.m.. Aye: (5). Nay: (0). Motion carried. The Board of Commissioners recessed at 5:32 p.m. and reconvened at 5:45 p.m. No action was taken. Commission Action # C— bw S� �a 99-201. ADJOURNMENT Moved by Commissioner Heath, seconded by Commissioner Seaton, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:45 p.m. UA �4'-O-ea' Monte D. Shadwick, Mayor [SEAL] ATTEST: D. Ldj ,CMC, City lerk