03-04-1996 Minutes96-492
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
MARCH 4, 1996
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, March 4, 1996, at 4:00 p.m.
There were present:
Mayor John Divine, Chairman presiding
Commissioner R. 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
None.
AWARDS - PROCLAMATIONS
(4.1) The week of March 4th through 8th, 1996 as "SEVERE WEATHER
WEEK." The proclamation was read by Gail Aills, Director of Emergency
Management.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing regarding the Neighborhood Revitalization Plan.
(5.1a) Second reading Ordinance Number 96-9723.
Roy Dudark, Director of Planning and Community Development,
explained the tax rebates. He informed the Commission that there has been a
good response from the other taxing jurisdictions. The Library Board,
appears to be supportive but was not able to have their February Meeting due
to a lack of a quorum. The next step for implementation is a formal interlocal
agreement with the other taxing jurisdictions.
Mayor Divine called the public hearing to order. No comments were
received. The hearing was closed.
Mr. Dudark explained to Commissioner Maxwell that there is some
fine tuning yet to do with the bookkeeping but there is sufficient time looking
at the first rebate in late 1997.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to adopt Ordinance Number 96-9723 on second reading. A roll call
vote was taken. Aye: (3), Maxwell, Brungardt, Seaton. Nay: (0). Abstain:
(2) Perney, property owner, Divine, possible conflict of interest. Motion
carried.
CONSENT AGENDA
(6.1) Approve the minutes of the regular meeting of February 26, 1996.
(6.2) Approval of specifications for Meter Box Rehabilitation, Project
Number 96-961.
(6.3) Resolution Number 96-4987 authorizing the City Manager to execute
Certificates of Release from Environmental Condition Liability to certain
persons.
96-493
96-494
96-495
96-496
96-497
96-498
96-499
(6.4) Resolution Number 96-4990 authorizing the Mayor to execute an
agreement with the American Legion for concession operations at the Dean Evans
Stadium.
Moved by Commissioner Brungardt, seconded by Commissioner
Maxwell, to approve all items on the consent agenda with the additional notation
for the record that relating to approval of the minutes of the City Commission's
February 26, 1996 meeting, the inadvertent reference to Smoky Hill
Contractors in the motion for approval of Resolution Number 96-4948 under
agenda item number 8.4 was intended to be reference to the engineering firm
of Bucher, Willis and Ratliff. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #P94 -2A, filed by Matt Wagoner, requesting approval of
River Meadows Addition, a final plat of a 14 acre tract located on the west side
of Holly Lane, south of Crawford.
Roy Dudark, Director of Planning and Community Development,
explained the final plat, rezoning request and vacation request.
Moved by Commissioner Seaton, seconded by Commissioner Perney,
approve Application Number P94 -2A. Aye: (4). Nay: (1), Maxwell, feels the
Commission should uphold the original flood restriction. Motion carried.
(7. 1b) First reading Ordinance Number 96-9726 providing for the
vacation of a portion of the flowway easement.
Moved by Commissioner Perney, seconded by Commissioner Brungardt,
to approve Ordinance Number 96-9726 for first reading. Aye: (4). Nay: (1),
Maxwell. Motion carried.
(7. 1a) Second reading Ordinance Number 95-9671 regarding the
rezoning of River Meadows Addition.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to adopt Ordinance Number 95-9671 on second reading. A roll call
vote was taken. Aye: (4) , Perney, Brungardt, Seaton, Divine. Nay: (1) ,
Maxwell. Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance Number 96-9725 providing for the
annexation of property for the Magnolia Interchange right-of-way.
Judy Long, City Clerk, confirmed no comments have been received.
Moved by Commissioner Seaton, seconded by Commissioner Perney, to
adopt Ordinance Number 96-9725 on second reading. A roll call vote was
taken. Aye: (5), Perney, Maxwell, Brungardt, Seaton, Divine. Nay: (0).
Motion carried.
(8.2)
Resolution Number 96-4989
authorizing the Mayor to
execute a
contract
for purchase of real estate
between the City and Joseph
Travis and
Kathleen
R. Jackson for the purchase
of property located at 800 N.
Fourth.
Tom Girard, Fire Chief, explained the purchase of land for a
neighborhood park.
Moved by Commissioner Perney, seconded by Commissioner Maxwell, to
adopt Resolution Number 96-4989. Aye: (5). Nay: (0). Motion carried.
(8.3) Resolution Number 96-4991 authorizing the Mayor to execute an
agreement, in a form approved by the City Manager, with the Board of
Education of USD 305 for the lease of property located at the former Glennifer
Hill School for use as a park and the purchase of existing playground
equipment.
Steve Snyder, Director of Parks and Recreation, explained the 5
year property lease and the purchase of equipment for the park.
Moved by Commissioner Maxwell, seconded by Commissioner Seaton,
to adopt Resolution Number 96-4991. Aye: (5). Nay: (0). Motion carried.
C— AVIA M i FV"WaS 3g
Action
—96-500
96-501
96-502
96-503
(8.4) Resolution Number 96-4988 authorizing the Mayor to sign an
agreement, and other documents as may be required, with the Kansas
Department of Transportation for the financing with federal funds of the
Magnolia/I-135 Interchange Project Number 95-924.
Rod Franz, Director of Finance and Administration, explained the
financing and agreement.
Dennis Kissinger, City Manager, informed the Commission that the
City's Financial Advisor has advised him of the potential offset of $200,000
interest with this financing program.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to adopt Resolution Number 96-4988. Aye: (5) . Nay: (0) . Motion
carried.
(8.5) Award of contract for the Ninth and Broadway Corridor
Improvements, Project Number 96-962.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the project, detailing the improvements, and the bids received.
General Obligation Bonds will be used to finance the project and the $100 per
day penalty for run over on the schedule was explained to the Commission.
Moved by Commissioner Maxwell, seconded by Commissioner Perney,
to award the bid to Shears, Inc. in the amount of $1,124,368.10. Aye: (5) .
Nay: (0) . Motion carried.
(8.6) Award of contract for the City -County Building Improvements,
Project Number 96-963.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the project and the bids received. He asked the Commission to
include alternates 1 and 2 in the award of contract.
Dennis Kissinger, City Manager, explained additional office
equipment costs as there will be an open space environment requiring work
stations, wiring and phone lines.
Moved by Commissioner Brungardt, seconded by Commissioner
Maxwell, to award the contract to Harbin Construction, Inc. in the amount of
$179,400. Aye: (5). Nay: (0). Motion carried.
(8.7) Executive Session.
(8.7a) Real estate matter
(8.7b) Legal - Cable TV
Moved by Commissioner Perney, seconded by Commissioner Seaton, to
recess into executive session for the purpose of discussing two matters, and
that they reconvene in this room in 15 minutes, or at 4:45 p.m. The first
requires a discussion with the City Attorney on a legal matter relating to the
City's Cable television franchise that is subject to the attorney-client
privilege. The second involves preliminary discussions relating to the
acquisition of real estate. An executive session is necessary for the reasons
that public discussion of the first matter would waive the attorney-client
privilege and would adversely affect the City's position in the second matter.
Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
(9.1) Mayor Divine stated there will be no City Commission Meeting next
week due to National League of Cities Meeting in Washington D.C.
The City Commissioner reconvened at 4:45 p.m. Present were
Commissioners Perney, Maxwell, Brungardt and Seaton. Mayor Divine,
absent. No action was taken.
Action
96-504
ADJOURNMENT
Moved by Commissioner Perney, seconded by Commissioner Seaton, that
the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4) . Nay
(0). Motion carried. The meeting adjourned at 4:46 m.
CjoAhn Divine, Mayor
[ SEAL]
ATTEST:
udy L , Cityerk