12-20-1993 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE
DECEMBER 20, 1993
4:00 p.m.
BOARD OF COMMISSIONERS
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, December 20, 1993, 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:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Jacqueline Shiever, City Clerk
None
None
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) Resolution Number 93-4665, expressing gratitude and appreciation to
Thomas M. Crough for serving as a member of the Water Maintenance Crew,
Water Distribution Foreman and Water Distribution Supervisor for the Salina
Water and Wastewater Department from May 1, 1962 to December 31, 1993.
Moved by Commissioner Warner, seconded by Commissioner Divine that
Resolution Number 93-4665, expressing gratitude and appreciation to Thomas M.
Crough for serving as a member of the Water Maintenance Crew, Water
Distribution Foreman and Water Distribution Supervisor for the Salina Water and
Wastewater Department from May 1, 1962 to December 31, 1993, be adopted.
Aye: (5). Nay: (0). Motion adopted.
(4.2) Resolution Number 93-4666, expressing gratitude and appreciation to
Jacqueline B. Shiever, for serving as Clerk Typist, Secretary, Official Records
Secretary, Clerk Stenographer, Administrative Aide, Deputy City Clerk and
City Clerk for the Department of Finance and Administration of the City of
Salina, Kansas from February 15, 1963 to December 31, 1993.
Moved by Commissioner Warner, seconded by Commissioner Divine that
Resolution Number 93-4666, expressing gratitude and appreciation to
Jacqueline B. Shiever, for serving as Clerk Typist, Secretary, Official Records
Secretary, Clerk Stenographer, Administrative Aide, Deputy City Clerk and
City Clerk for the Department of Finance and Administration of the City of
Salina, Kansas from February 15, 1963 to December 31, 1993, be adopted.
Aye: (5) . Nay: (0) . Motion adopted.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing in accordance with the notice published on
December 6, 1993 in The Salina Journal, relating to the proposed issuance of
not to exceed $1,500,000 principal amount of Assisted Living Residence Revenue
Bonds, Series A and Series B, 1993 (Sterling Group, L.L.C.)
(5.1a) First Reading Ordinance 93-9613, authorizing the City of Salina,
Kansas to issue its Assisted Living Residence Revenue Bonds (Sterling
Group, L . L . C .) Series A and Series B, 1993 in an aggregate principal
amount not to exceed $1,500,000, for the purpose of acquiring,
constructing, installing and equipping an independent and assisted living
center project.
93-500
(5.1b) Declare an emergency to exist.
(5. 1c) Second Reading Ordinance Number 93-9613, authorizing the City
of Salina, Kansas to issue its Assisted Living Residence Revenue Bonds
(Sterling Group, L.L.C.) Series A and Series B, 1993 in an aggregate
principal amount not to exceed $1,500,000, for the purpose of acquiring,
constructing, installing and equipping an independent and assisted living
center project; authorizing the execution of a trust indenture by and
between the issuer and the trustee named therein; authorizing the issuer
to lease said project to Sterling Group, L.L.C.; authorizing the execution
of a lease between the issuer and Sterling Group, L.L.C.; and authorizing
the execution of a land use restriction agreement among Sterling Group,
L.L.C., the issuer and the trustee; approving the form of a guaranty
agreement among the guarantors named therein and the trustee, and
authorizing the execution of a bond purchase agreement for the bonds
among the issuer, Sterling Group, L.L.C. and Chapman Securities, Inc.,
as the original purchaser of the bonds.
Mayor Brungardt declared the public hearing open.
Greg Bengtson, City Attorney, recommended that consideration of
this item be deferred to the end of the meeting as more information is
forthcoming.
With the concurrence of the other Commissioners, Mayor Brungardt
deferred action on this item until later in the meeting.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting December 13, 1993.
(6.2) Petition Number 4074, filed by Steven G. Wortmann, for the curbing,
guttering, paving, storm drainage improvements and land acquisition for a
cul-de-sac on Highland Avenue, directly south of Crawford Avenue. (Refer to
the City Engineer for a report on validity)
(6.3) Resolution Number 93-4667, prescribing the corporate limits of the
City of Salina, Kansas, including land described in Ordinance Numbers 93-9546,
93-9559, 93-9574, 93-9581, 94-9595 and 93-9599; and repealing Resolution
Number 93-4529.
(6.4) Report on bids received December 16, 1993 for sale of IBM AS/400
computer equipment. (Award the bid to Minitech Computers, Inc. Edina, MN in
the amount of $21,600.)
(6.5) Resolution Number 93-4668 authorizing the waiver by the City of
Salina, Kansas of the notice requirements in connection with the tenant's
exercise of its option to purchase the facility as described and provided in a
lease by and between theCity of Salina, Kansas and Salina Nursing Center,
Inc., dated as of April 1, 1979 and authorizing the execution and delivery of
the escrow deposit agreement, a deed and other appropriate instruments of
conveyance in connection with the defeasance of certain industrial revenue
bonds issued by the City of Salina, Kansas for the benefit of Salina Nursing
Center, Inc.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
all items on the Consent Agenda be approved. Aye: (5). Nay: (0). Motion
adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation
from the City Planning
Commission
that Zoning
Application 93-11, filed by
William J. Stover, for the
rezoning of
Lot 11, Block
7, Replat of Faith Addition,
be denied. (Consider Ordinance Number 93-9604.)
Roy Dudark, Director of Planning and
Community
Development,
reviewed the background
of this zoning application
and the
nature of the
applicant's current request.
Bill Stover, 5001 Country Club Drive, the applicant, said he is
convinced this lot is not suitable for a single family structure because of the
restrictions regarding the construction of basements.
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Commissioner Maxwell read the Golden Rule relating to the impact of
land use on property owners by not approving a rezoning request.
Tim Chapman, 734 Meadowbrook, owner of the lot directly south of
the request lot, said that rezoning this lot would adversely affect the value of
his property and asked that the City Planning Commission recommendation be
accepted and the rezoning be denied.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the recommendation of the City Planning Commission be accepted and that
Zoning Application 93-11, filed by William J. Stover, be denied. Aye: Beggs,
Divine. (2) . Nay: Maxwell, Warner, Brungardt, (3) . The motion was not
adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 93-9610, providing for the
amendment of Ordinance Number 8526, the same being Chapter 42 of the Salina
Code, and the Zoning District Map therein and thereby adopted and providing
for the rezoning of certain property within the City and prescribing the proper
uses thereof.
(Zoning Application 93-10, filed by the Salina City Planning Commission,
for the rezoning of Block 1 and Lots 1 through 10, and Lots 12, 14, 16,
18 and West 20' of Lot 20, Block 2, Hanson Court Addition from District
C-5 (Service Commercial) to District C-3 (Shopping Center) .
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Ordinance Number 93-9610, providing for the amendment of Ordinance Number
8526, the same being Chapter 42 of the Salina Code, and the Zoning District
Map therein and thereby adopted and providing for the rezoning of certain
property within the City and prescribing the proper uses thereof, be adopted.
Aye: Beggs, Divine, Maxwell, Warner, Brungardt. (5) . Nay: (0) . Motion
adopted.
(8.2) Second Reading Ordinance Number 93-9612, amending Sections 41-6,
41-7, 41-22, 41-26, 41-28, 41-71.1, 41-88, 41-93, 41-96, 41-97 of the Salina
Code regarding water and wastewater service in the City of Salina, and
repealing the existing sections 41-6, 41-7, 41-22, 41-26, 41-28, 41-35, 41-53,
41-54, 41-55, 41-56, 41-57, 41-71.1, 41-88, 41-89, 41-93, 41-96, 41-97.
Moved by Commissioner Maxwell, seconded by Commissioner Beggs
that Ordinance Number 93-9612, amending Sections 41-6, 41-7, 41-22, 41-26,
41-28, 41-71.1, 41-88, 41-93, 41-96, 41-97 of the Salina Code regarding water
and wastewater service in the City of Salina, and repealing the existing
sections 41-6, 41-7, 41-22, 41-26, 41-28, 41-35, 41-53, 41-54, 41-55, 41-56,
41-57, 41-71.1, 41-88, 41-89, 41-93, 41-96, 41-97, be adopted. Aye: Beggs,
Divine, Maxwell, Warner, Brungardt. (5) . Nay: (0) . Motion adopted.
(8.3) First Reading Ordinance Number 93-9614, authorizing issuance of
$11,390,000 Combined Water and Sewage System Refunding Revenue Bonds,
Series 1994.
Robert K. Biles, Director of Finance and Administration, said the
principal amount of the bonds to be refinanced is $11,390,000.
Roger Edgar, George K. Baum and Company, said the City will save
$435,523 in interest by reissuing these bonds.
The Commissioners and staff discussed the underwriting fees included
in this bond issue.
Moved by Commissioner Warner, seconded by Commissioner Divine that
Ordinance Number 93-9614, authorizing issuance of $11,390,000 Combined Water
and Sewage System Refunding Revenue Bonds, Series 1994, be introduced for
first reading. Aye: (5) . Nay: (0) . Motion adopted.
(8.4) Resolution Number 93-4669, authorizing and establishing certain
charges for the operation of the Salina Municipal Golf Course, amending
Resolution Number 93-4556 and repealing the existing Resolution.
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Steve Snyder, Director of Parks and Recreation, reviewed the
proposed changes of the golf course fees and explained the new fees will allow
staff to establish a reserve fund for capital improvements at the golf course.
The Commissioners and staff discussed implementing discount rates
for 9 -hole play; installment payment plan, and the advantages and
disadvantages of having an outside managment company run the golf course.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Resolution Number 93-4669, authorizing and establishing certain charges for the
operation of the Salina Municipal Golf Course, amending Resolution Number
93-4556 and repealing the existing Resolution, be introduced. Aye: Beggs,
Divine, Warner, Brungardt. (4). Nay: (0). Commissioner Maxwell abstained.
Motion adopted.
(8.5) Resolution Number 93-4670, adopting the 1994 - 1998 Capital
Improvement Program for the City of Salina, Kansas.
Roy Dudark, Director of Planning and Community Development,
reviewed the 5 additional projects to the 1994 Capital Improvement Program.
Moved by Commissioner Beggs, seconded by Commissioner Warner that
Resolution Number 93-4670, adopting the 1994 - 1998 Capital Improvement
Program for the City of Salina, Kansas, be adopted. Aye: (5) . Nay: (0) .
Motion adopted.
Commissioner Maxwell stated that even though she voted "Aye" on
this item, she is concerned about the order in which the projects are
considered.
(8.6) Resolution Number 93-4671, authorizing and ordering certain curbing,
guttering, paving, grading, storm water drainage, lateral sanitary sewer and
water main and service improvements in Georgetown Addition and Replat of
Blocks 4, 10, 11, 12, Georgetown Addition, ordering preparation of plans and
specifications and the estimate of costs.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the project. He said staff has been working with some of the
property owners in the benefit district to clarify their concerns voiced last
week.
Moved by Commissioner Warner, seconded by Commissioner Divine that
Resolution Number 93-4671, authorizing and ordering certain curbing,
guttering, paving, grading, storm water drainage, lateral sanitary sewer and
water main and service improvements in Georgetown Addition and Replat of
Blocks 4, 10, 11, 12, Georgetown Addition, ordering preparation of plans and
specifications and the estimate of costs, be adopted. Aye: (5). Nay: (0).
Motion adopted.
(8.7) City Engineer reports on the validity of Petition Number 4072, filed
by Robert Trembly for street and utility improvements in Brown and Brown
Addition, and files a feasibility report.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reported that the petition is valid as 100% of the owners of record of the area
liable for assessments signed the petition.
Moved by Commissioner Warner, seconded by Commissioner Beggs that
the petition be approved and that the feasibility report for street and utility
improvements in Brown and Brown Addition, be accepted. Aye: (5). Nay:
(0). Motion adopted.
(8.8) Resolution Number 93-4672, determining the advisability of certain
street and utility improvements in Brown and Brown Addition, estimating the
cost thereof, defining the boundaries of the improvement district, method of
assessment and apportioning the cost between the improvement district and the
city -at -large.
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Moved by Commissioner Warner, seconded by Commissioner Beggs that
Resolution Number 93-4672, determining the advisability of certain street and
utility improvements in Brown and Brown Addition, estimating the cost thereof,
defining the boundaries of the improvement district, method of assessment and
apportioning the cost between the improvement district and the city -at -large,
be adopted. Aye: (5). Nay: (0). Motion adopted.
(8.9) City Engineer reports on the validity of Petition Number 4073, filed
by Don Morris, president of Presley Builders, for street and utility
improvements in Country Club Estates Addition Number 3 and Country Club
Estates Addition Number 4, and files a feasibility report.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reported that the petition is valid as 90% of the owners of record of the area
liable for assessments signed the petition.
Moved by Commissioner Maxwell, seconded by Commissioner Divine
that the petition be approved and that the feasibility report for street and
utility improvements in Country Club Estates Addition Number 3 and Country
Club Estates Addition Number 4, be accepted. Aye: (5). Nay: (0). Motion
adopted.
(8.10) Resolution Number 93-4673, determining the advisability of certain
street and utility improvements in Country Club Estates Addition Number 3 and
Country Club Estates Addition Number 4, estimating the cost thereof, defining
the boundaries of the improvement district, method of assessment and
apportioning the cost between the improvement district and the city -at -large.
Moved by Commissioner Maxwell, seconded by Commissioner Divine
that Resolution Number 93-4673, determining the advisability of certain street
and utility improvements in Country Club Estates Addition Number 3 and
Country Club Estates Addition Number 4, estimating the cost thereof, defining
the boundaries of the improvement district, method of assessment and
apportioning the cost between the improvement district and the city -at -large,
be adopted. Aye: (5). Nay: (0). Motion adopted.
(8.11) City Engineer reports on the validity of Petition Number 4074, filed
by Dan Meinhardt, President of Golden Eagle Estates, Inc., for street and
utility improvements in Golden Eagle Estates Addition, and files a feasibility
report.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reported that the petition is valid as 100% of the owners of record of the area
liable for assessments signed the petition.
Moved by Commissioner Beggs, seconded by Commissioner Warner that
that the petition be approved and that the feasibility report for street and
utility improvements in Golden Eagle Estates Addition, be accepted. Aye: (5) .
Nay: (0). Motion adopted.
(8.12) Resolution Number 93-4674, determining the advisability of certain
street and utility improvements in Golden Eagle Estates Addition, estimating
the cost thereof, defining the boundaries of the improvement district, method of
assessment and apportioning the cost between the improvement district and the
city -at -large.
Moved by Commissioner Beggs, seconded by Commissioner Warner that
Resolution Number 93-4674, determining the advisability of certain street and
utility improvements in Golden Eagle Estates Addition, estimating the cost
thereof, defining the boundaries of the improvement district, method of
assessment and apportioning the cost between the improvement district and the
city -at -large, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.13) Approve Change Order #2, for Engineering Project 93-873B for utility
improvements in the amount of $8,530.00 for the Laurie and Tasker Subdivision.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed this change order and the situation prompting the need to issue a
change order.
Commission
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Moved by Commissioner Beggs, seconded by Commissioner Maxwell
that Change Order #2, for Engineering Project 93-873B for water line
improvements on Second Street, in the amount of $8,530.00 be approved. Aye:
(5) . Nay: (0) . Motion adopted.
(8.14) Approve Change Order #1 for Engineering Project 93-881 in the
amount of $5,770.00 for YMCA Drive River Crossing.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the change order and explained a sanitary sewer pipeline was added
to the job resulting in this change order for a total of $6,745.00.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Change Order #1 for Engineering Project 93-881 in the amount of $6,745.00 for
YMCA Drive River Crossing, be approved. Aye: (5). Nay: (0). Motion
adopted.
(8.15) Report on bids received December 14, 1993 for the Building
Demolition, Engineering Project 93-889. (Award the contract to Johnson Farms
in the amount of $3,810.00.)
Shawn O'Leary, Assistant Director of Engineering and Utilities, said
four structures, out of the original 21, are included in this project.
Moved by Commissioner Warner, seconded by Commissioner Beggs that
the recommendation from staff be accepted and that the contract for Building
Demolition, Engineering Project 93-889, be awarded to Johnson Farms in the
amount of $3,810.00. Aye: (5). Nay: (0). Motion adopted.
The Commissioners considered Item 5.1.
(5.1) Public Hearing in accordance with the notice published on December
6, 1993 in The Salina Journal, relating to the proposed issuance of not to
exceed $1,500,000 principal amount of Assisted Living Residence Revenue
Bonds, Series A and Series B, 1993 (Sterling Group, L.L.C.)
(5.1a) First Reading Ordinance 93-9613, authorizing the City of Salina,
Kansas to issue its Assisted Living Residence Revenue Bonds (Sterling
Group, L.L.C.) Series A and Series B, 1993 in an aggregate principal
amount not to exceed $1,500,000, for the purpose of acquiring,
constructing, installing and equipping an independent and assisted living
center project.
(5. lb) Declare an emergency to exist.
(5.1c) Second Reading Ordinance Number 93-9613, authorizing the City
of Salina, Kansas to issue its Assisted Living Residence Revenue Bonds
(Sterling Group, L.L.C.) Series A and Series B, 1993 in an aggregate
principal amount not to exceed $1,500,000, for the purpose of acquiring,
constructing, installing and equipping an independent and assisted living
center project; authorizing the execution of a trust indenture by and
between the issuer and the trustee named therein; authorizing the issuer
to lease said project to Sterling Group, L.L.C.; authorizing the execution
of a lease between the issuer and Sterling Group, L.L.C.; and authorizing
the execution of a land use restriction agreement among Sterling Group,
L.L.C., the issuer and the trustee; approving the form of a guaranty
agreement among the guarantors named therein and the trustee, and
authorizing the execution of a bond purchase agreement for the bonds
among the issuer, Sterling Group, L.L.C. and Chapman Securities, Inc.,
as the original purchaser of the bonds.
Greg Bengtson, City Attorney, reviewed the City's role in the
issuance of Industrial Revenue Bonds and explained City holds title to the
property during the period of time there are outstanding bonds.
C_ommiSSion
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Moved by Commissioner Divine, seconded by Commissioner Warner that
Ordinance 93-9613, authorizing the City of Salina, Kansas to issue its Assisted
Living Residence Revenue Bonds (Sterling Group, L.L.C.) Series A and Series
B, 1993 in an aggregate principal amount not to exceed $1,500,000, for the
purpose of acquiring, constructing, installing and equipping an independent
and assisted living center project, be introduced for first reading. Aye:
Beggs, Divine, Warner, Brungardt. (4) . Nay: (0) . Commissioner Maxwell
abstained. Motion adopted.
Moved by Commissioner Warner, seconded by Commissioner Divine that
an emergency be declared to exist in order to consider Ordinance Number
93-9613 on second reading at this time. Aye: Beggs, Divine, Warner,
Brungardt. (4). Nay: (0). Commissioner Maxwell abstained. Motion adopted.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Ordinance Number 93-9613, authorizing the City of Salina, Kansas to issue its
Assisted Living Residence Revenue Bonds (Sterling Group, L.L.C.) Series A
and Series B, 1993 in an aggregate principal amount not to exceed $1,500,000,
for the purpose of acquiring, constructing, installing and equipping an
independent and assisted living center project; authorizing the execution of a
trust indenture by and between the issuer and the trustee named therein;
authorizing the issuer to lease said project to Sterling Group, L.L.C.;
authorizing the execution of a lease between the issuer and Sterling Group,
L.L.C.; and authorizing the execution of a land use restriction agreement
among Sterling Group, L.L.C., the issuer and the trustee; approving the form
of a guaranty agreement among the guarantors named therein and the trustee,
and authorizing the execution of a bond purchase agreement for the bonds
among the issuer, Sterling Group, L.L.C. and Chapman Securities, Inc., as
the original purchaser of the bonds, be adopted. Aye: Beggs, Divine, Warner,
Brungardt. (4). Nay: (0). Commissioner Maxwell abstained. Motion adopted.
OTHER BUSINESS
Mayor Brungardt announced there will be no meeting on Monday,
December 27th because of the holidays.
The City Commissioners wished happy holidays to all the citizens of
Salina and the surrounding trade area.
ADJOURNMENT
Moved by Commissioner Warner, seconded by Commissioner Beggs that
the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5) .
Nay: (0) . Motion adopted. The meeting adjourned at 6:08 p.m.
Peter F. Brungardt, Mayor
[SEAL]
ATTEST:
Stephanie Krug
Acting City Clerk