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05-08-1995 Minutes95-136 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS May 8, 1995 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, May 8, 1995, at 4:00 p.m. There were present: Mayor John Divine, Chairman presiding Commissioner 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 Barbara R. Weber, Deputy City Clerk Judy D. Long, City Clerk None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The week of May 7 through May 13, 1995, as "SUICIDE PREVENTION WEEK" in the City of Salina. The proclamation was read by Pat Ackley, Executive Director Hotline Crisis Information and Referral. (4.2) The week of May 14 through May 20, 1995, as "POLICE WEEK" in the City of Salina. The proclamation was read by Loren Houltberg, Police Chaplain. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Continuation of public hearing and report on Petition Number 4096 requesting the vacation of Pine Street between Santa Fe Avenue and Fifth Street. Mayor Divine opened the public hearing. Bill Smith, 642 Starlight Drive, petitioner, advised the Commission that he is willing to pay one-third of the total cost of improvements, and explained the benefits of closing the street. Mayor Divine called for other comments, hearing none, closed the public hearing. Mr. O'Leary and Dennis Kissinger, City Manager, responded to Commissioner Maxwell's inquiries regarding current use and possible options. Shawn O'Leary, Assistant Director of Engineering and Utilities, gave the staff report. Mayor Divine opened the public hearing. No comments were received. The Mayor closed the hearing. Moved by Commissioner Maxwell, seconded by Commissioner Seaton, to retain the property and deny the vacation request. Aye: (5) . Nay: (0) . Motion carried. (5.2) Continuation of public hearing and report on Petition Number 4098 requesting the vacation of Pine Street between Santa Fe Avenue and Ninth Street. Shawn O'Leary, Assistant Director of Engineering and Utilities, gave the staff report. Mayor Divine opened the public hearing. Bill Smith, 642 Starlight Drive, petitioner, advised the Commission that he is willing to pay one-third of the total cost of improvements, and explained the benefits of closing the street. Mayor Divine called for other comments, hearing none, closed the public hearing. Mr. O'Leary and Dennis Kissinger, City Manager, responded to Commissioner Maxwell's inquiries regarding current use and possible options. Action 95-137 95-138 95-139 95-140 95-141 Moved by Commissioner Brungardt, seconded by Commissioner Perney, to deny the petition. Aye: (5) . Nay: (0) . Motion carried. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting of May 1, 1995. (6.2) Resolution Number 95-4867 authorizing the City Commission to approve Certificates of Release from Environmental Condition Liability. (6.3) Resolution Number 95-4868 authorizing the Mayor to execute Solid Waste Disposal Interlocal Agreement between the City of Salina and Mitchell, County, Kansas. (6.4) Approval of Change Order Number 2, Project Number 93-890, Wastewater Treatment Plant Clarifier Rehabilitation in the deductive net amount of $1,000. (6.5) Change Order Number 1 for the Concrete Pavement Improvements, Project Number 94-911, in the net amount of $21,769. Dennis Kissinger, City Manager, explained item 6.3. Shawn O'Leary, Assistant director of Engineering and Utilities explained item 6.5. Moved by Commissioner Seaton, seconded by Commissioner Maxwell, to approve all items on the consent agenda. Aye: (5) . Nay: (0) . Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Second reading Ordinance Number 95-9689, authorizing and directing the issuance, sale and delivery of $2,434,000 principal amount of General Obligation Improvement Bonds of the city of Salina, Kansas, Series 1995-A. Bob Biles, Director of Finance and Administration, gave the staff report. With Dennis Kissinger, City Manager, Mr. Biles explained why an ordinance was used for this issue. Moved by Commissioner Brungardt, seconded by Commissioner Seaton, to approve the second reading of Ordinance Number 95-9689. Aye: (5), Perney, Maxwell, Brungardt, Seaton, Divine. Nay: (0). Motion carried. (8.2) Purchase of 1,100 residential trash carts for the Sanitation Division. Frank Weinhold, Director of General Services, reported on bids received. Moved by Commissioner Perney, seconded by Commissioner Seaton, to award the bid to Ameri-Kart. Aye: (5) . Nay: (0) . Motion carried. (8.3) Consideration of 1995 Vehicle and Equipment program, Phase II. Bob Biles, Director of Finance and Administration, gave the staff report requesting a modification of Phase I authorizing the purchase of two additional new trucks in lieu of three used chassis, and authorizing bid letting for Phase II items. Moved by Commissioner Maxwell, seconded by Commissioner Brungardt, to authorize the modification of Phase I and the bid letting of Phase II for the 1995 Vehicle and Equipment program. Aye: (5) . Nay: (0) . Motion carried. (8.4) Agreement with the Union Pacific Railroad Company for railroad crossing improvements on Elm and Ash Streets. (8.4a) Resolution Number 95-4869 authorizing the Mayor to enter into an agreement for railroad crossing improvements on Fourth Street at Elm and Ash Streets. 95-142 95-143 95-144 95-145 Shawn O'Leary, Assistant Director of Engineering and Utilities, gave the staff report and asked for approval of the contract with the Union Pacific Railroad. Dennis Kissinger, City Manager, clarified that the railroad is only required to provide a minimal crossing of wood ties, the City Commission being without power to order other materials be used. Moved by Commissioner Brungardt, seconded by Commissioner Seaton, to adopt Resolution Number 95-4869 approving the contract with the Union Pacific Railroad. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) The Mayor announced Robb Walker's appointment to the Housing Authority Board, and asked for a motion on Resolution Number 95-4870. Moved by Commissioner Brungardt, seconded by Commissioner Perney, to adopt Resolution Number 95-4870. Aye: (5) . Nay: (0) . Motion carried. (9.2) The Mayor stated that board appointments for members of the Board of Commissioners were attached for review. Mayor Divine advised that on May 2, 1995, the City received a letter from the Governor regarding the Shelter Grant. Dennis Kissinger, City Manager, informed the Commission that the grant will be on next week's City Commission agenda. (9.3) Request for Executive Session to discuss legal matters. Moved by Commissioner Seaton, seconded by Commissioner Brungardt, that the Board of Commissioners recess into executive session for 20 minutes for the purpose of discussing with the City Attorney, a matter subject to the attorney-client privilege, 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. Aye: (5) . Nay: (0) . Motion carried. Meeting recessed at 4:55 p.m. and reconvened at 5:13 p.m. The Commissioners took no action. ADJOURNMENT Moved by Commissioner Brungardt, seconded by Commissioner Maxwell, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5) . Nay: (0) . The meeting adjourned at 5:14 p.m. J hn Divine, Mayor [SEAL] ATTEST: L h`g, City C'le