11-01-1995 Minutes Special MtgAction
95-370
95-371
CITY OF SALINA, KANSAS
SPECIAL MEETING OF THE BOARD OF COMMISSIONERS
November 1, 1995
7:15 a.m.
The Special Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Wednesday, November 1, 1995, at
7:15 a.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.
(1) Moved by Commissioner Maxwell, seconded by Commissioner
Brungardt, that the City Commission recess into executive session for the
purpose of discussing with the City Attorney a matter subject to the
attorney-client privilege, specifically acquisition of interests in real estate for
the Magnolia/I-135 Interchange Project, for the reason that public discussion of
the matter would waive the attorney-client privilege and would adversely affect
the City's position in the matter; and reconvene in this room in fifteen minutes
or at 7:33 a.m. Aye (4). Nay: (0). Motion carried.
Commissioner Perney arrived at 7:20 a.m.
The Board of Commissioners reconvened at 7:33 a.m.
Moved by Commissioner Brungardt, seconded by Commissioner Seaton,
A. That the Mayor be authorized to execute a contract with
Equitable Life Assurance Society of the United States as owner of the
Mid -State Mall for the purchase of right-of-way, temporary easement, and
providing just compensation for all damages to its property resulting from
construction of the Magnolia/I-135 Interchange Project, as follows:
1. For 3.585 acres or 156,163 square feet of restricted access highway
right-of-way, the sum of $140,546.
2. For 0.177 acre or 7,710 square feet of temporary easement, the sum
of $1,511.
3. For asphalt replacement in the area affected by the temporary
easement, the sum of $3,700.
4. For access improvements to the remaining Magnolia Road access to
the mall after construction of the Interchange Project, the sum of $56,940.
For total just compensation of $202,697.
B. That such contract must close no later than November 8, 1995.
C. That upon such closing, the City Manager and the City Attorney
be authorized to take any actions necessary to dismiss the currently pending
eminent domain proceeding relating to the same interests in real estate.
A vote was taken. Aye: (4) . Nay (1) Maxwell. Motion carried.
95-372
ADJOURNMENT
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, that the Special Meeting of the Board of Commissioners be
adjourned. Aye: (5) . Nay: (0) . The meetin adjourned apt 7:37 a.m.
(SEAL) John Divine, Mayor
(ATTEST) :
L g, City Cl k
10MA
WAIVER AND CONSENT TO HOLD
A SPECIAL MEETING OF THE BOARD OF COMMISSIONERS
We, the undersigned, being duly elected, qualified and acting
City Commissioners of the City of Salina, Kansas, and constituting a
majority of the Board of Commissioners of the City of Salina, Kansas, do
hereby waive notice and consent to the holding of a special meeting of the
Board of Commissioners of the City of Salina, Kansas, on the 1st day of
November, 1995, at 7:15 a.m., for the purpose of considering the following:
1. Action on acquisition of right-of-way for the Magnolia/I-135
Interchange Project.
2. Other business.
Dated this 1st day of November, 1995.
Gil v�
Jo n Divine, Mayor
Kr' tin Seaton, mmissioner
Peter Brungardt, Comm' ioner
A ner erney, Com sinner
vely axwel , Commissioner