02-22-1993 MinutesKuhn -Cox Printing — Salina, Kansas
Action #
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
FEBRUARY 22, 1993
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, February 22, 1993, at 4:00
p.m.
There were present:
Mayor Carol E. Beggs, Chairman presiding
Commissioner Peter F. Brungardt
Commissioner John Divine
Commissioner Stephen C. Ryan
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
CITIZEN FORUM
None
AWARDS - PROCLAMATIONS
None
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing on an application for Tax Exemption for Salina Vortex
Corporation, 3024 Arnold Avenue.
(5.1a) Resolution Number 93-4561, exempting certain property owned by
Salina Vortex Corporation, located at 3024 Arnold Avenue, Salina, Kansas,
from ad valorem taxation and providing for certain terms and conditions.
Roy Dudark, Director of Planning and Community Development,
reviewed the application and the City's tax exemption policy. He said that
according to the City's policy, a tax exemption of 40% during years 1 - 5 and
20% during years 6 - 10 could be realized, resulting in approximately $24,000
of property taxes being exempt.
Mayor Beggs declared the public hearing open.
Lee Young, General Manager of Salina Vortex, provided background
on his company.
There were no other comments filed, written or oral, so the Mayor
declared the hearing closed.
93-072 Moved by Commissioner Brungardt, seconded by Commissioner Warner
that Resolution Number 93-4561, exempting certain property owned by Salina
Vortex Corporation, located at 3024 Arnold Avenue, Salina, Kansas, from ad
valorem taxation and providing for certain terms and conditions, be adopted.
Aye: (5) . Nay: (0) . Motion adopted.
(5.2) Public Hearing on an application for Tax Exemption for SP Plastics
Manufacturing, Inc., 1648 West Magnolia Road.
(5.2a) Resolution Number 93-45621, exempting certain property owned by
SP Plastics Manufacturing, Inc., located at 1648 West Magnolia Road,
Salina, Kansas, from ad valorem taxation and providing for certain terms
and conditions.
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Roy Dudark, Director of Planning and Community Development, said
the applicant wishes to make a few amendments to the application and
recommended that the public hearing be opened and then continued for one
week.
Mayor Beggs declared the public hearing open.
Moved by Commissioner Warner, seconded by Commissioner Divine that
the public hearing be continued until March 1 and that consideration of
Resolution Number 93-4562, exempting certain property owned by SP Plastics
Manufacturing, Inc., located at 1648 West Magnolia Road, Salina, Kansas, from
ad valorem taxation and providing for certain terms and conditions, be tabled
until March 1. Aye: (5) . Nay: (0) . Motion adopted.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting February 8, 1993.
(6.2) Set the date of March 16, 1993 to receive bids on Engineering Project
93-869 for Police Department Roof improvements.
(6.3) Set the date of March 16, 1993 to receive bids on Engineering Project
93-871 for Underground Cable Installation project.
(6.4) Set the date of March 19, 1993 to accept proposals for a license
agreement between a private vendor to construct and operate a storage facility
at the Salina Municipal Golf Course for privately owned golf carts.
(6.5) Authorize the City Clerk to issue 1993 Surety on Bail Bond Service
licenses to Patricia A. Champ d/b/a Action Bail Bonding and James A. Lewis,
d/b/a AAA Bonding; and, Surety on Bail Bonds Agent licenses to Patricia A.
Champ, agent for Action Bail Bonding, and James A. Lewis, Kevin Fairchild
and Charles H. Wilson, agents for AAA bonding.
Moved by Commissioner Divine, seconded by Commissioner Ryan that
all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) . Motion
adopted.
None
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Second Reading Ordinance Number 93-9558, 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. (Rezoning was requested in Application #Z92-13, filed by William
Stover for Lot 11, Block 7, Replat of Faith Addition).
Roy Dudark, Director of Planning and Community Development,
explained that a valid protest petition was filed and it will require four
affirmative votes to adopt the ordinance.
Bill Stover, 5001 County Club Road, reviewed the various changes
which have occurred in this area over the past few years.
Rob Pickerell, 735 Moundview, asked the City Commissioners to deny
the rezoning request as the protest petition is valid.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that Ordinance Number 93-9558, 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: Brungardt , Ryan, Warner. (3) . Nay: Divine, Beggs. (2) .
Motion denied.
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(8.2) Resolution Number 93-4563, authorizing the Mayor to execute and the
City Clerk to attest a contract with Resource Management Co., Inc. of Bazine,
Kansas for Waste Car/Truck Tire Recovery, and repealing Resolution Number
92-4428.
Frank Weinhold, Director of General Services, reviewed the proposals
received and recommended the contract be awarded to Resource Management
Company.
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that Resolution Number 93-4563, authorizing the Mayor to execute and the City
Clerk to attest a contract with Resource Management Co., Inc. of Bazine,
Kansas for Waste Car/Truck Tire Recovery, and repealing Resolution Number
92-4428, be adopted. Aye: (5). Nay: (0). Motion adopted.
(8.3) Resolution Number 93-4564, authorizing the Mayor to sign an
agreement with H.T.E. for the purchase, installation and maintenance of utility
billing software.
Robert K. Biles, Director of Finance and Administration, reviewed the
selection process and recommended H.T.E. as the best and lowest bidder for
utility billing software. He said October 1 is the anticipated implementation
date.
Moved by Commissioner Divine, seconded by Commissioner Ryan that
Resolution Number 93-4564, authorizing the Mayor to sign an agreement with
H.T.E. for the purchase, installation and maintenance of utility billing
software, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.4) Resolution Number 93-4565, authorizing the Mayor to execute a
contract between the City of Salina, Kansas and the Secretary of Health and
Environment of Kansas for the Kansas Household Hazardous Waste Grant
Program; and authorizing the City Manager to sign and submit any and all
other documents related to the grant.
Dennis M. Kissinger, City Manager, reviewed the project.
The City Commissioners and staff discussed regulating the dumping of
hazardous wastes.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that Resolution Number 93-4565, authorizing the Mayor to execute a contract
between the City of Salina, Kansas and the Secretary of Health and
Environment of Kansas for the Kansas Household Hazardous Waste Grant
Program; and authorizing the City Manager to sign and submit any and all
other documents related to the grant, be adopted. Aye: (5) . Nay: (0) .
Motion adopted.
(8.5) Resolution Number 93-4566, authorizing and ordering certain curbing,
guttering, paving, grading, lateral sanitary sewer, and water main and service
improvements in Austin Subdivision, ordering preparation of plans and
specifications and the estimate of costs.
Moved by Commissioner Ryan, seconded by Commissioner Divine that
Resolution Number 93-4566, authorizing and ordering certain curbing,
guttering, paving, grading, lateral sanitary sewer, and water main and service
improvements in Austin Subdivision, ordering preparation of plans and
specifications and the estimate of costs, be adopted. Aye: (5) . Nay: (0) .
Motion adopted.
(8.6) City Engineer reports on validity of Petition Number 4054 which was
filed by Robert L. Marietta for certain street and utility improvements on
Huntington Road in Mayfair Addition.
Dennis M. Kissinger, City Manager, reviewed the state statute
authorizing the improvements and levying the special assessments.
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Dennis M. Kissinger, City Manager, reviewed the options available to
the Commissioners. He said the City's Special Assessment Policy is consistent
throughout the City.
Ernest Cole, 153 South Front, speaking on behalf of the property
owners on both ends of the block, said this improvement would have no direct
benefit to the current homeowners and asked the Commissioners to table the
issue to allow the homeowners and petitioner to negotiate a compromise.
Carl A. and Betty A. Raccagno, 1316 East Wayne Avenue; Robert F.
and Becky C. Selm, 2160 Sherwood Lane; and, Brian D. and Pamela S. Lowe,
1320 East Wayne Avenue, property owners in the benefit district, protested the
improvement and the short length of time for notification.
Greg Bengtson, City Attorney, reviewed the process to protest an
improvement of this nature.
Robert Marietta, petitioner, said he would like the street and water
improvements to be included with the Engineering project which is being
formulated at this time to keep the construction costs down. He asked the City
Commissioners to adopt the resolution.
Ernest Cole, 153 South Front, said this is a unique situation and
perhaps the city -at -large should pick up some of the cost of this improvement.
Dennis M. Kissinger, City Manager, replied this is not a unique
street.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that Petition Number 4054 be approved, and that the feasibility report filed by
the City Engineer, be accepted. Aye: (5) . Nay: (0) . Motion adopted.
(8.7) Resolution
Number 93-4567, determining
the advisability
of curbing,
Shawn O'Leary,
Assistant Director of Engineering
and Utilities,
reported that the petition
is valid as it represents
property
owners owning
51.9% of the property in
the benefit district. He
reviewed
the feasibility
report and said that temporary note interest is not
included
in the costs of
the improvements identified
in the feasibility report,
but would
be in future
reports.
Dennis M. Kissinger, City Manager, reviewed the options available to
the Commissioners. He said the City's Special Assessment Policy is consistent
throughout the City.
Ernest Cole, 153 South Front, speaking on behalf of the property
owners on both ends of the block, said this improvement would have no direct
benefit to the current homeowners and asked the Commissioners to table the
issue to allow the homeowners and petitioner to negotiate a compromise.
Carl A. and Betty A. Raccagno, 1316 East Wayne Avenue; Robert F.
and Becky C. Selm, 2160 Sherwood Lane; and, Brian D. and Pamela S. Lowe,
1320 East Wayne Avenue, property owners in the benefit district, protested the
improvement and the short length of time for notification.
Greg Bengtson, City Attorney, reviewed the process to protest an
improvement of this nature.
Robert Marietta, petitioner, said he would like the street and water
improvements to be included with the Engineering project which is being
formulated at this time to keep the construction costs down. He asked the City
Commissioners to adopt the resolution.
Ernest Cole, 153 South Front, said this is a unique situation and
perhaps the city -at -large should pick up some of the cost of this improvement.
Dennis M. Kissinger, City Manager, replied this is not a unique
street.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that Petition Number 4054 be approved, and that the feasibility report filed by
the City Engineer, be accepted. Aye: (5) . Nay: (0) . Motion adopted.
(8.7) Resolution
Number 93-4567, determining
the advisability
of curbing,
guttering, paving,
grading, water main and service improvements on
Huntington Road in
Mayfair 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 Brungardt, seconded by Commissioner Warner
that Resolution Number 93-4567, determining the advisability of curbing,
guttering, paving, grading, water main and service improvements on
Huntington Road in Mayfair 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.
(8.8) Authorize Change Order Number 1 for Engineering Project 92-868,
Memorial Hall Rehabilitation, for Cable Access Television System (C . A . T . S .) in
a deducted amount of $9,139.00.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the change order.
Moved by Commissioner Ryan, seconded by Commissioner Divine that
Change Order Number 1 for Engineering Project 92-868, Memorial Hall
Rehabilitation, for Cable Access Television System (C . A . T . S .) in a deducted
amount of $9,139.00, be approved. Aye: (5) . Nay: (0) . Motion adopted.
(8.9) Resolution Number 93-4568, authorizing the Mayor or City Manager to
execute Amendment Numbers Eleven (11) and Twelve (12) to the Department of
Housing and Urban Development Annual Contributions Contract
FW-1114/KC-1029.
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Abner Perney, Director of the Housing Authority of the City of
Salina, Kansas said Amendment Number 11 is for the construction of 60 units of
housing in the Faith Addition and Amendment Number 12 is for the construction
of 10 units of housing scattered throughout Salina.
Moved by Commissioner Divine, seconded by Commissioner Ryan that
Resolution Number 93-4568, authorizing the Mayor or City Manager to execute
Amendment Numbers Eleven (11) and Twelve (12) to the Department of Housing
and Urban Development Annual Contributions Contract FW-1114/KC-1029, be
adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.10) Resolution Number 93-4569, authorizing the Mayor to execute and the
City Clerk to attest an agreement between the City of Salina, Kansas, and
Appleby and Marsh Architects, for architectural services for the design of a
Water Distribution Warehouse, in an amount not to exceed $12,000.
Don Hoff, Director of Engineering and Utilities, reviewed the project
and the proposals received. He said a selection committee selected the firm of
Appleby and Marsh Architects to design the warehouse.
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that Resolution Number 93-4569, authorizing the Mayor to execute and the City
Clerk to attest an agreement between the City of Salina, Kansas, and Appleby
and Marsh Architects, for architectural services for the design of a Water
Distribution Warehouse, in an amount not to exceed $12,000, be adopted. Aye:
(5) . Nay: (0) . Motion adopted.
OTHER BUSINESS
Dennis M. Kissinger, City Manager, said it was necessary to adjourn
into Executive Session to discuss several items with the City Attorney. These
items were: 1) A pending court case; 2) Cable TV franchise; and 3 )
Resolution Trust Company/Days Inn.
Moved by Commissioner Ryan, seconded by Commissioner Warner that
the Board of Commissioners recess into Executive Session for 30 minutes to
discuss three matters with the City Attorney which are subject to the
attorney/client privilege for the reason that public discussion at this time
would waive the attorney/client privilege and would jeopardize the City's
position in the matters. Aye: (5) . Nay: (0) . Motion adopted.
6:07 p.m.
The Board of Commissioners recessed at 5:37 p.m. and reconvened at
The Commissioners took no action.
ADJOURNMENT
Moved by Commissioner Brungardt, seconded by Commissioner Warner
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.
C-!�' oe:e,�
Carol E. Beggs, Mayor
[ SEAL]
ATTEST:
Jacqueline Shiever, CMC
City Clerk