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02-09-1998 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS FEBRUARY 9,1998 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session to receive a presentation from the Salina Housing Authority. 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 Kristin M. Seaton, Chairman presiding Commissioner Peter F. Brungardt Commissioner Don Heath Commissioner Alan Jilka Commissioner Monte Shadwick comprising a quorum of the Board, also present: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Judy D. Long, City Clerk Absent: None. CITIZEN FORUM None. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of February 2, 1998. (6.2) Approve Change Order No. 1, Project No. 95-925, Wastewater Pump Station No. 13 and Force Main, in the total amount of $12,304.92. 98-1390 Moved by Commissioner Heath, seconded by Commissioner Shadwick, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Consider reauthorization of the Neighborhood Revitalization Program. (7.1 a) First reading Ordinance Number 98-9859. Roy Dudark, Planning and Community Development Director, explained this tax rebate program and staffs recommendation to continue the program. He informed the Commissioners that the program was established March 4, 1996 and is set to expire March 31, 1998. He listed three alternatives for the Commission's consideration acknowledging that the City Commission can modify the program at any time. In closing, he informed the Commission that if approved, new interlocal agreements with four other taxing entities will come back to the March 16th City Commission meeting with the second reading of this ordinance. In response to Commission inquiry, Dennis Kissinger, City Manager, clarified the process of approving the program, and Mr. Dudark clarified that the increases are needed to increase the value of the property. 98-1391 Moved by Commissioner Shadwick, seconded by Commissioner Brungardt, to reauthorize the (Neighborhood Revitalization) plan for an additional five years or until March 31, 2003. Aye: (5). Nay: (0). Motion carried. 98-1392 Moved by Commissioner Brungardt, seconded by Commissioner Heath, to approve Ordinance Number 98-9859 for first reading making changes as outlined. Aye: (5). Nay: (0). Motion carried. Commission Action # ADMINISTRATION (8.1) Award of sale for Series 1998-A General Obligation Internal Improvement Bonds to the lowest and best bidder. (8.1a) Second reading Ordinance Number 98-9858 authorizing the issuance, sale and delivery of the bonds (8.1b) Resolution Number 98-5241 prescribing the form and details and authorizing the delivery of the bonds. Dennis Kissinger, City Manager, explained the project and the results of the bid letting today. He noted there were eight valid bids and that the low bid was from Stern Brothers, of Kansas City with an interest rate of 4.444903% with a net interest of $1,308,807.50. Roger Edgar, Executive Vice President of George K. Baum, the City's Bond Counsel, spoke to the Commission about the bids received for the bonds. He explained the bidders process of forming syndicates and noted that twenty-six different banks and brokers were identified acknowledging many more bidders were involved but not identified. He stated that the bidding was very tight, indicating a consensus on the worth of the City's Moody's rated A-1 bonds. He stated that cities always sell bonds for lower interest than is available elsewhere and noted that Salina is getting regional and national bidders in the process. He explained the reasons for the positive response noting that the City's assessed valuation is growing at 7.5% a year. In closing, he stated that a copy of the report on the bids received was in the Commissioner's packets. 98-1393 Moved by Commissioner Brungardt, seconded by Commissioner Shadwick, to award to Stern Brothers with an interest rate of 4.444903% and a net interest of $1,308,807.50. Aye: (5). Nay: (0). Motion carried. 98-1394 Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Ordinance Number 98-9858 on second reading. A roll call vote was taken. Aye: (5), Jilka, Brungardt, Heath, Shadwick, Seaton. Nay: (0). Motion carried. 98-1395 Moved by Commissioner Heath, seconded by Commissioner Brungardt, to adopt Resolution Number 98-5241. Aye: (5). Nay: (0). Motion carried. (8.2) Charter Ordinance Number 28 exempting the City of Salina from the provisions of K.S.A. 12-868 and providing substitute and additional provisions on the same subject relating to combined water and sewage system bonds. Dennis Kissinger, City Manager, explained the necessity of the Charter Ordinance which will allow the option of refunding outstanding Water and Sewer Bonds with General Obligation Bonds, and the potential savings which may accrue to the City as a result of refunding the outstanding 1990 Water and Sewer Revenue Bonds. He referred to Home Rule for Charter Ordinances and noted that this is somewhat of a housekeeping matter. 98-1396 Moved by Commissioner Jilka, seconded by Commissioner Heath, to approve Charter Ordinance Number 28 for first reading. Aye: (5). Nay: (0). Motion carried. (8.3) Resolution Number 98-5242 authorizing the Mayor to execute a license agreement with First Bank Kansas for the construction and maintenance of improvements in the public right- of-way. Shawn O'Leary, Director of Engineering, explained the current encroachment and the lack of documentation. He then explained the current request for the agreement which will allow right-of-way encroachment on South Santa Fe Avenue by First Bank Kansas for building improvements. He noted that sidewalk disturbed by the construction will be replaced to match the existing sidewalk at the cost of the applicant. 98-1397 Moved by Commissioner Brungardt, seconded by Commissioner Jilka, to adopt Resolution Number 98-5242. Aye: (5). Nay: (0). Motion carried. (8.4) Resolution Number 98-5240 authorizing the Mayor to execute an agreement relating to benefits obtainable by cities under the Federal and State Aid Program with the Kansas Department of Transportation for intersection improvements. Shawn O'Leary, Director of Engineering, explained the agreement with K.D.O.T. which is related to a state grant of funds for intersection improvements. He noted that staff has been working on the design of this project for the past year and explained the improvements to be made. He advised the Commission that this agreement establishes responsibility for the project and that K.D.O.T. will pay 90% to the City's 10% of the cost. He also commented that the City has already paid 100% of the engineering costs, $41,191.00 to Kirk & Michael Associates. In closing, he stated that a K.D.O.T. bid letting is scheduled for May 1998 with construction to begin in the summer and fall of 1998. Commission Action # Cons 1101dS. 1ina 98-1398 Moved by Commissioner Brungardt, seconded by Commissioner Heath, to adopt Resolution Number 98-5240. Aye:(5). Nay: (0). Motion carried. (8.5) Approval of the plans and specifications for the Ninth Street Corridor Improvements, Project No. 97-1037, and authorization for staff to set a bid date. Shawn O'Leary, Director of Engineering, explained the project which involves significant improvements to the corridor. He stated that the engineering firm of Wilson & Co. has completed final design of the project and that land acquisition for the project is underway. The bid date is expected to be in March, 1998, with work to begin in April, 1998, and the project should be substantially complete by November, 1998. He stated that staff will have a breakdown for each portion of the project which includes landscaping. To Commissioners Shadwick and Heath's request for documentation allowing choices, Dennis Kissinger, City Manager, and Mr. O'Leary clarified that this separation has already begun with non-essential items. 98-1399 Moved by Commissioner Heath, seconded by Commissioner Jilka, to approve the plans and specifications for the Ninth Street Corridor Improvements, Project No. 97-1037, and authorization for staff to set a bid date. Aye: (5). Nay: (0). Motion carried. (8.6) Resolution Number 98-5243 authorizing the Mayor to execute an agreement with Jim Swedlund for appraisal and acquisition services for easements and rights-of-way needed on the South Ninth Street Corridor Improvements, Project No. 97-1037. Shawn O'Leary, Director of Engineering, explained the necessary additional easements and rights-of-way for this project which involves ten property owners. He detailed Mr. Swedlund's extensive experience in this area of acquisition and negotiation. This agreement calls for a total contract amount not to exceed $19,400.00 and completion in 45 days. He noted the 1998 Budget allocates $2,917,000 for this project which will be General Obligation Bond financed. In closing, he clarified that the purchases will be separate. 98-1400 Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt Resolution Number 98-5243. Aye: (5). Nay: (0). Motion carried. (8.7) Resolution Number 98-5244 authorizing the Mayor to execute an agreement among Bradley Operating Limited Partnership; Green Lantern, Inc.; and the City of Salina regarding construction of access improvements for Mid State Plaza in relation to Magnolia Road. Greg Bengtson, City Attorney, explained the history and this agreement along with changes made earlier today for access improvements in relation to the Magnolia Interchange Project Number 95-924. He detailed the changes in ownership of the Mid State Plaza and the assignments of rights and responsibilities. Dennis Kissinger, City Manager, responded to the Mayor's concerns explaining the improvements in detail and the delay of implementation after construction to allow traffic to reestablish its flow. He concluded that none of this project includes signalization. 98-1401 Moved by Commissioner Shadwick, seconded by Commissioner Brungardt, to adopt Resolution Number 98-5244. Aye: (5). Nay: (0). Motion carried. (8.8) Report on speed limit study to Magnolia Road. Shawn O'Leary, Director of Engineering, explained that the Traffic Safety Task Force recently reviewed the issue of an increased speed limit on Magnolia Road and their recommendation to increase the speed limit to 35 mph on Magnolia Road, from I-135 to Belmont Boulevard. He also noted that the section of Magnolia Road, from Belmont Boulevard to Ohio Street, will remain at 30 mph, with staff continuing to monitor that section with possible recommendation to change the speed limit in the future. Dennis Kissinger, City Manager, responded to Commissioner Brungardt's question regarding the speed limit increase by explaining why the speed limit was only being increased to 35 mph when the 85th percentile speed, used as a benchmark for speed regulations, felt 40 mph was safe, noting that the 85th percentile used for the determination was not 85% of the cars driven. 98-1402 Moved by Commissioner Brungardt, seconded by Commissioner Jilka, to approve the speed limit study to Magnolia Road as presented. Aye: (5). Nay: (0). Motion carried. (8.9) Temporary speed limit reduction in North Ohio Street construction zone, Project No. 97-1014. Shawn O'Leary, Director of Engineering, explained the need for the temporary reduction not to exceed November 15, 1998. He also noted that this reduced speed would be enforced. Commission Action # 98-1403 Moved by Commissioner Heath, seconded by Commissioner Shadwick, to ratify the City Manager's action to establish a temporary speed reduction to 30 mph on North Ohio Street from Iron to Riverside Drive for the duration of the project. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Mayor Seaton noted that there will be no City Commission meeting next week. ADJOURNMENT 98-1404 Moved by Commissioner Brungardt, seconded by Commissioner Jilka, that the Regular Meeting of the Board of Commissioners be adjourned. Aye:(5). Nay: (0). Motion carried. The meeting adjourned at 5:04 p.m. stin M. Sea�Mayor [SEAL] ATTEST: Jud . Lon CMC, City Clerk