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05-24-1993 Minutes011 •. 93-203 93-204 CITY OF SALINA, KANSAS REGULAR MEETING OF THE MAY 24, 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, May 24, 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: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Jacqueline Shiever, City Clerk Absent: None None CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The Mayor proclaimed the Week of May 23 through 29, 1993 as "EMERGENCY MEDICAL SERVICES WEEK." The proclamation was read by Scott Hawley, Paramedic for the Salina Fire Department. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing to consider the 1993 CDBG Housing Grant application. (5.1a) Resolution Number 93-4596 authorizing the preparation and filing with the Kansas Department of Commerce and Housing of a Small Cities Community Development Block Grant Program application for housing rehabilitation and homebuyer assistance for fiscal year 1993; 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. (5.1b) Resolution Number 93-4597, 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, reviewed the 1993 CDBG Housing Grant Application. Moved by Commissioner Warner, seconded by Commissioner Divine that Resolution Number 93-4596, authorizing the preparation and filing with the Kansas Department of Commerce and Housing of a Small Cities Community Development Block Grant Program application for housing rehabilitation and homebuyer assistance for fiscal year 1993; 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: (5). Nay: (0). Motion adopted. Moved by Commissioner Divine, seconded by Commissioner Maxwell that Resolution Number 93-4597, 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: (5). Nay: (0) . Motion adopted. 93-205 93-206 — 93-207 (5.2) Public Hearing on the request to vacate the 22.5' frontage road from the southeast corner of Lot 16, Block 6, Replat of Blocks 4 and 5 and part of Block 3, Schippel Addition, thence north 250'. (Requested in Petition Number 4058, filed by Daniel King) . (5.2a) First Reading Ordinance 93-9569, providing for the vacation of a portion of the West 7' of a frontage road in the Replat of Blocks 4 and 5 and part of Block 3, Schippel Addition to the City of Salina, Saline County, Kansas. Shawn O'Leary, Assistant City Engineer and Director of Utilities, reviewed the vacation request and said the Engineering Department recommends that the West 7' of the frontage road right-of-way be vacated. The Mayor declared the public hearing open. There were no comments, written or oral so the Mayor declared the public hearing closed. Moved by Commissioner Warner, seconded by Commissioner Beggs that recommendation of the City Engineer be accepted, that the vacating petition be partially approved, and that Ordinance Number 93-9569, providing for the vacation of a portion of the west 7' of the frontage road in the Replat of Blocks 4, 5, and part of Block 3, Schippel Addition, to the City of Salina, Saline County, Kansas, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (5.3) Public Hearing on Asbury -Salina Regional Medical Center, Industrial Revenue Bonds in an amount not to exceed $18,800,000. (5.3a) First Reading Ordinance 93-9570 - authorizing the City of Salina, Kansas to issue its Hospital Revenue Refunding Bonds (Asbury -Salina Regional Medical Center, Inc. Project) , Series 1993, for the purpose of refunding the City's outstanding Hospital Revenue Bonds (Asbury -Salina Regional Medical Center, Inc. Project) Series 1989, approving a lease agreement, a bond trust indenture, an escrow trust agreement, a bond purchase agreement, a preliminary official statement and an official statement and certain other matters related thereto. Greg Bengtson, City Attorney, reviewed the Industrial Revenue Bond application. Stan Mitchell, Chief Financial Officer of Salina Asbury Regional Medical Center was present to answer questions. The Mayor declared the public hearing open. There were no comments, written or oral so the Mayor declared the public hearing closed. Moved by Commissioner Beggs, seconded by Commissioner Divine that Ordinance Number 93-9570, authorizing the City of Salina, Kansas to issue its Hospital Revenue Refunding Bonds (Asbury -Salina Regional Medical Center, Inc. Project), Series 1993, for the purpose of refunding the City's outstanding Hospital Revenue Bonds (Asbury -Salina Regional Medical Center, Inc. Project) Series 1989, approving a lease agreement, a bond trust indenture, an escrow trust agreement, a bond purchase agreement, a preliminary official statement and an official statement and certain other matters related thereto, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting May 17, 1993. Moved by Commissioner Divine, seconded by Commissioner Beggs that the Consent Agenda item be approved. Aye: (5). Nay: (0). Motion adopted. DEVELOPMENT BUSINESS (7.1) Move to remove Plat Application 93-2/2A from the table for consideration. [Tabled May 10, 1993] (The application was filed by Kaw Valley Engineering for the approval of the final plat of Sutherland Addition.) 93-208 93-209 93-210 93-211 93-212 (7.1a) Move to postpone action on Plat Application 93-2/2A for an indefinite period of time, with reconsideration to occur within six months. Moved by Commissioner Divine, seconded by Commissioner Warner that Plat Application 93-2/2A be removed from the table for consideration. Aye: (5). Nay: (0). Motion adopted. Moved by Commissioner Warner, seconded by Commissioner Beggs that consideration of Plat Application 93-2/2A be postponed for an indefinite time, but before the expiration of six months. Aye: (5). Nay: (0). Motion adopted. ADMINISTRATION (8.1) Report on bids received May 18, 1993 for a loader/backhoe in the Water Division. (Award the contract to Murphy Tractor & Equipment Co., of Topeka, Kansas in the amount of $34,285 with trade) . Don Hoff, Director of Engineering and Utilities, reviewed the bids received and recommended the contract be awarded to Murphy Tractor and Equipment Company of Topeka, Kansas in the amount of $34,285 with trade. Moved by Commissioner Maxwell, seconded by Commissioner Beggs that the recommendation of the Director of Engineering and Utilities be accepted and that the contract be awarded to Murphy Tractor and Equipment Company of Topeka, Kansas in the amount of $34,285 with trade. Aye: (5) . Nay: (0) . Motion adopted. (8.2) Second Reading Ordinance Number 93-9568, 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. (Requested in Zoning Application 93-3, filed by Bennington State Bank, for the rezoning of Lots 8, 9, and 11, the North 74' of Lot 7, the East 25.5' of Lot 10 and the East 25.5' of the North 25' of Lot 7, Surveyor's Plat A from R-2 and R-3 (Multi -Family Residential) and C-1 (Restricted Business) to PC -1 (Planned Restricted Business), also known as 200 South Ninth and 415 West Walnut) . Moved by Commissioner Warner, seconded by Commissioner Divine that Ordinance Number 93-9568, 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. (8.3) First Reading Ordinance Number 93-9571, enacting Article II, Division 4 of Chapter 41 of the Salina Code regulating cross connections between the public water supply of the City of Salina and any other water or any substance of questionable or unknown quality, or any substance which would tend to degrade the public water supply. The City Commissioners and staff discussed the ramifications of adopting the cross connection ordinance. Moved by Commissioner Beggs, seconded by Commissioner Warner that Ordinance Number 93-9571, enacting Article II , Division 4 of Chapter 41 of the Salina Code regulating cross connections between the public water supply of the City of Salina and any other water or any substance of questionable or unknown quality, or any substance which would tend to degrade the public water supply, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. Kuhn -Cox 93-213 93-214 93-215 93-216 (8.4) Resolution Number 93-4598, authorizing the Mayor to execute three agreements between the City of Salina, Kansas and Camp Dresser & McKee Inc. to perform professional engineering services in connection with the City of Salina, Kansas Municipal Solid Waste Landfill Project. Frank Weinhold, Director of General Services, reviewed the scope of the three contracts. Moved by Commissioner Warner, seconded by Commissioner Divine that Resolution Number 93-4598, authorizing the Mayor to execute three agreements between the City of Salina, Kansas and Camp Dresser & McKee Inc. to perform professional engineering services in connection with the City of Salina, Kansas Municipal Solid Waste Landfill Project, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.5) Approve Change Order No. 1 for Engineering Project 91-849B, East Dry Creek Interceptor Sewer - Pump Stations in the net amount of $12,143.65. Don Hoff, Director of Engineering and Utilities, reviewed the change order and recommended its approval. Moved by Commissioner Beggs, seconded by Commissioner Maxwell that Change Order Number 1 for Engineering Project 91-849B, East Dry Creek Interceptor Sewer / pump stations in the net amount of $12,143.65, be approved. Aye: (5). Nay: (0). Motion adopted. (8.6) Salvation Army request for City Grant Assistance in paving a public alley. Dennis M. Kissinger, City Manager, reviewed the Salvation Army request for City grant assistance to pave the alley behind its building located on North Santa Fe and the staff recommendations. John Birchell, vice chairman of the board of directors, reviewed the Salvation Army's expanding programs and use of the building, and requested assistance to pave the alley behind its building. Moved by Commissioner Warner, seconded by Commissioner Divine that the request for City grant assistance be approved on the basis that a) the Salvation Army Community Center provides significant public benefit in services to residents for our designated special redevelopment area; b) that the public alley provides access to the community center and may carry traffic beyond the normal residential traffic; c) improvements to the public alley will protect and support additional investments in this community facility allowing additional services for low-income individuals and neighborhoods. Aye: (5). Nay: (0). Motion adopted. OTHER BUSINESS (9.1) Call a Special Meeting of the Board of Commissioners for 1:00 p.m. June 3, 1993. The City Attorney said the market has changed since the City Commission packet was delivered on Friday. There is no need for a special meeting on June 3rd to adopt the Asbury Salina Regional Hospital Revenue Refunding bond ordinance. Asbury and its financial advisors will request adoption of the ordinance on second reading when the timing is right. Moved by Commissioner Warner, seconded by Commissioner Beggs that that Resolution Number 93-4599, authorizing the Mayor or City Manager to execute Amendment Number Twelve (12) to the Department of Housing and Urban Development Annual Contributions Contract KS -7015, be added to the agenda for consideration. Aye: (5). Nay: (0). Motion adopted. Abner Purney, Director of the Salina Housing Authority, reviewed the scope of the amendment. 93-217 93-218 Moved by Commissioner Warner, seconded by Commissioner Beggs that Resolution Number 93-4599, authorizing the Mayor or City Manager to execute Amendment Number Twelve (12) to the Department of Housing and Urban Development Annual Contributions Contract KC -7015, be adopted. Aye: (5). Nay: (0). Motion adopted. 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 5:35 p.m. P't� ':�t Peter F. Brungardt, Mayor [ SEAL] ATTEST: Jacqueline Shiever, CMC City Clerk