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04-11-1994 MinutesCommission- CITYOF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS APRIL 11, 1994 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, April 11, 1994, at 4:00 p.m. There were present: Mayor Peter F. Brungardt, Chairman presiding Commissioner Carol E. Beggs Commissioner John Divine Commissioner Evelyn Maxwell Commissioner Joseph A. Warner comprising a quorum of the Board, also present: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Judy D. Long, City Clerk Absent: (4.1) Master Price, None None CITIZEN FORUM AWARDS - PROCLAMATIONS The Mayor proclaimed the Week of April 10 - 16, 1994 as "Kansas Teacher Anne Nettleton Week." The Proclamation was read by Vicki Member of the Board of Education. i PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing to consider application for Holiday Resorts Nursing 1 Home under the CDBG Economic Development Program. (5.1a) Resolution Number 94-4731 authorizing the preparation and filing with the Kansas Department of Commerce of a Small Cities Community Development Block Grant Program Application for economic development assistance for fiscal year 1994; designating the Mayor as the authorized representative of the City of Salina to act in connection with the application; and to provide such additional information as may be required. (5. lb) Resolution Number 94-4732 a resolution of residential anti -displacement and relocation assistance plan under Section 104(D) of the Housing and Community Development Act of 1974, as amended. Roy Dudark, Director of Planning and Community Development, explained that this item was discussed at the March 21 Commission meeting. He said this application is seeking $500,000 in CDBG funds which would be loaned to Holiday Resorts to help finance the construction of a nursing home. He said the loan would be repaid over 15 years and include 7% interest. Mayor Brungardt declared the public hearing open. Ted Brown, President of Holiday Resorts, spoke to the Commissioners regarding his request. Judy Long, City Clerk, read a letter sent by Ray Vernon, Presbyterian Manors of Mid-America, Inc. There were no other comments filed, written or oral, so the Mayor declared the hearing closed. 94-160 Moved by Commissioner Warner, seconded by Commissioner Divine that Resolution Number 94-4731 authorizing the preparation and filing with the Kansas Department of Commerce of a Small Cities Community Development Block Grant Program Application for economic development assistance for fiscal year I 1994; designating the Mayor as the authorized representative of the City of Salina to act in connection with the application; and to provide such additional information as may be required, be adopted. Aye: (4) . Nay: Maxwell. (1) . Motion carried. 94-161 Moved b Commissioner Divine, seconded b Commissioner Beggs that Y Y gg Resolution Number 94-4732 a resolution of residential anti-displacement and relocation assistance plan under Section 104(D) of the Housing and Community Development Act of 1974, as amended, be adopted. Aye: (4). Nay: (0). Commissioner Maxwell abstained. Motion carried. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting April 4, 1994. (6.2) Resolution Number 94-4730 authorizing the Mayor to execute a Solid Waste Disposal Interlocal Agreement between the City of Salina and Lincoln County. 94-162 1'1Moved by Commissioner Maxwell, that all items on the consent agenda be Motion carried. None seconded by Commissioner Warner approved. Aye: (5). Nay: (0). DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Second reading Ordinance Number 94-9630 providing for the vacation of a certain street right-of-way on Claflin Avenue, adjacent to a portion of Block One (1) , Gile Addition; Block One (1) , Lundberg Addition; and Blocks One (1) and Four (4), Austin Subdivision, all in the City of Salina, Saline County, Kansas. 94-163 Moved by Commissioner Divine, seconded by Commissioner Beggs that Ordinance Number 94-9630 providing for the vacation of a certain street right-of-way on Claflin Avenue, adjacent to a portion of Block One (1) , Gile Addition; Block One (1) , Lundberg Addition; and Blocks One (1) and Four (4), Austin Subdivision, all in the City of Salina, Saline County, Kansas, be adopted. Aye: Beggs, Divine, Warner, Brungardt. (4). Nay: Maxwell (1). Motion carried. (8.2) Second reading Ordinance Number 94-9631 authorizing the City Manager to execute a contract for fire protection outside the city limits with Ruth M. Cathcart -Rake Trust. 94-164 '' Moved by Commissioner Beggs, seconded by Commissioner Divine that Ordinance Number 94-9631 authorizing the City Manager to execute a contract for fire protection outside the city limits with Ruth M. Cathcart -Rake Trust, be adopted. Aye: Beggs, Divine, Maxwell, Warner, Brungardt. (5). Nay: (0). Motion carried. (8.3) Approval of Change Order No. 1, Project Number 93-882, Municipal J P Solid Waste Landfill Cell 1 Construction. Frank Weinhold, Director of General Services, explained the need for the change order. 94-165 Moved by Commissioner Maxwell, seconded by Commissioner Beggs that Change Order No. 1, Project Number 93-882, Municipal Solid Waste Landfill Cell 1 Construction, be approved in the net amount of 10,514.00. Aye: (5). Nay: (0) . Motion carried. (8.4) Approval of the plans and specifications for 1994 Subdivision Improvements, Phase I1, Project No. 94-898, and setting the date to receive bids. _ Commi-ssion - -- - -- Action- Shawn O'Leary, Assistant Director of Engineering and Utilities, reviewed the project. The subdivision improvements are for the Tasker Addition, Toulane Court Addition, Austin Subdivision and Country Oak Estates. He said that two Utility Department projects are also included in Project No. 94-898. 94-166 Moved by Commissioner Divine, seconded by Commissioner Warner that the plans and specifications for 1994 Subdivision Improvements, Phase 1I, Project No. 94-898, be approved and that Tuesday, May 10, 1994 be set as the date to receive bids. Aye: (5) . Nay: (0) . Motion carried. (8.5) Authorize the City Manager to accept a proposal from Restoration and Waterproofing Contractors, Inc. for exterior wall joint repair on the Smoky Hill Museum in the amount of $16,205. Roy Dudark, Director of Planning and Community Development, explained the needed repairs. 94-167 Moved by Commissioner Warner, seconded by Commissioner Divine that the City Manager be authorized to accept a proposal from Restoration and Waterproofing Contractors, Inc. for exterior wall joint repair on the Smoky Hill Museum in the amount of $16,205. Aye: (5). Nay: (0). Motion carried. i i (8.6) Request for an Executive Session to discuss a legal matter with the City Attorney. i 94-168 Moved by Commissioner Maxwell, seconded by Commissioner Beggs that the City Commission recess into executive session for 30 minutes for the purpose of discussing with the City Attorney two matters 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. The Commissioners recessed at 4:45 p.m. and reconvened at 5:18 p.m. Commissioner Beggs was absent. The Commissioners took no action. OTHER BUSINESS I None ADJOURNMENT 94-169 Moved by Commissioner Warner, seconded by Commissioner Maxwell that the regular meeting of the Board of Commissioners be adjourned. Aye: (5) . Nay: (0) . Motion carried. The meeting adjourned at 5:19 p.m. Peter F. Brungardt, Mayor [ SEAL] ATTEST: Judy ongr it le