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04-27-1992 Minutes1t CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS APRIL 27, 1992 4:00 p.m. I The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, April 27, 1992, at 4:00 p.m. There were present: _ Mayor Carol E. Beggs, Chairman presiding !'I Commissioner Peter F. Brungardt I; Commissioner John Divine Commissioner Stephen C. Ryan Commissioner Joseph A. Warner comprising a quorum of the Board, also present: �I Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Jacqueline Shiever, City Clerk l Absent: None CITIZEN FORUM Ernest Cole, 153 South Front, invited the Commissioners and City Manager to attend the meetings of the Central Kansas Taxpayer's Association to discuss the Association's intention behind the petition it is circulating to 11 change the present form of government. I I AWARDS - PROCLAMATIONS (4.1) The Mayor proclaimed the Week of April 27 through May 2, 1992 as "MATHEMATICS AWARENESS WEEK." The proclamation was read by Dr. Beverly Kissick, Director of Libraries, KSU-Salina, College of Technology. (4.2) The Mayor proclaimed the Week of April 26 through May 2, 1992 as "CRIME VICTIMS RIGHTS WEEK." The proclamation was read by Julie McKenna, Saline County Attorney and Nancy Bonawitz, Victims Rights Associate Coordinator. (4.3) The Mayor proclaimed the Week of April 26 through May 2, 1992 as "LIFE UNDERWRITERS' WEEK." The proclamation was read by Shari Walls, Public Relations Chairman of the Salina Life Underwriters Association. (4.4) The Mayor proclaimed the Week of April 26 through May 2, 1992 as "NATIONAL VOLUNTEER WEEK." The proclamation was read by Ann Rollins, Volunteer Coordinator of the Social Rehabilitation Services. (4.5) The Mayor proclaimed Friday, May 1, 1992 as "Law Day" . The proclamation was read by Tom Stanton, Assistant County Attorney. i PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME it (5.1) Remove consideration of Petition 4031 regarding vacation of storm sewer easements in Trochenbach Addition from the table for consideration at this time. (This matter was tabled for one week at the April 20, 1992 meeting) . 92-161 Moved by Commissioner Brungardt, seconded by Commissioner Warner that consideration of Petition 4031 regarding vacation of storm sewer easements in Trochenbach Addition be removed from the table. Aye: (5) . Nay: (0) . Motion adopted. Shawn O'Leary, Assistant Director of Engineering and Utilities, said the applicant has surveyed the vacated street and private property and City staff is surveying the storm sewer pipeline. He recommended the issue be tabled for one more week. i' I� Actio4 # 92-162 II Moved by Commissioner Divine, seconded by Commissioner Brungardt that consideration of Petition 4031 regarding vacation of storm sewer easements in Trochenbach Addition be tabled until May 4, 1992. Aye: (5) . Nay: (0) . !j Motion adopted. CONSENT AGENDA I i Ili (6.1) Approve the Minutes of the Regular Meeting April 20, 1992. ill (6.2) Set the date of May 26, 1992 to receive bids on modifying Fire Station #3 tanks and to construct a new fuel facility at Third and Elm Streets. 'i (6.3) Set the date of May 12, 1992 to receive bids on a copier for the Salina Police Department. 92-163 Moved by Commissioner Warner, seconded by Commissioner Ryan that all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) . Motion adopted. DEVELOPMENT BUSINESS None � I ADMINISTRATION (8.1) Second Reading Ordinance Number 92-9503, 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. (Abandonment of the Village Brook PDD and the rezoning of the undeveloped property to R-2). 92-164 Moved by Commissioner Divine, seconded by Commissioner Ryan that Ordinance Number 92-9503 providing p ding 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, Divine, Ryan, Warner, Beggs. (5) . Nay: (0) . Motion adopted. (8.2) Second Reading Ordinance Number 92-9504, authorizing and directing the issuance, sale and delivery of $2,900,000 Principal amount of General Obligation Internal Improvement and Refunding Bonds of the City of Salina, Kansas, Series P-240 being for the purpose of providing funds to pay the cost of the construction of certain street improvements in the City and Series R-240 being for the purpose of providing funds to refund a portion of the City's outstanding general obligation bonds; prescribing the form and details of said bonds; providing for the levy and collection of the necessary taxes for the purpose of paying the principal of and interest on said bonds as they become due; authorizing an agreement between the City and the Bond Registrar; approving the preliminary and final official statements and redeeming outstanding Temporary Notes. I II, Robert K. Biles, Director of Finance and Administration, said the bond closing is scheduled for May 14, 1992. 92-165 Moved by Commissioner Brungardt, seconded by Commissioner Warner that Ordinance Number 92-9504, authorizing and directing the issuance, sale and delivery of $2,900,000 Principal amount of General Obligation Internal Improvement and Refunding Bonds of the City of Salina, Kansas, Series P-240 being for the purpose of providing funds to pay the cost of the construction of certain street improvements in the City and Series R-240 being for the purpose j� of providing funds to refund a portion of the City's outstanding general obligation bonds; prescribing the form and details of said bonds; providing for the levy and collection of the necessary taxes for the purpose of paying the principal of and interest on said bonds as they become due; authorizing an 1 agreement between the City and the Bond Registrar; approving the preliminary and final official statements and redeeming outstanding Temporary Notes, be adopted. Aye: Brungardt, Divine, Ryan, Warner, Beggs. (5) . Nay: (0) . Motion adopted. I I 92-166 92-167 92-168 92-169 (8.3) Second Reading Ordinance Number 92-9505, amending Articles V, VII, VIII, IX of Chapter 41 of the Salina Code pertaining to use of public and private sewers and drains in the City of Salina, Kansas; and repealing the existing articles. Moved by Commissioner Warner, seconded by Commissioner Divine that Ordinance Number 92-9505, amending Articles V, VII, VIII, IX of Chapter 41 of the Salina Code pertaining to use of public and private sewers and drains in the City of Salina, Kansas; and repealing the existing articles, be adopted. Aye: Brungardt, Divine, Ryan, Warner, Beggs. (5) . Nay: (0) . Motion adopted. (8.4) Second Reading Ordinance Number 92-9506, submitting to the electors of the City the question of imposing a one-half percent (1/2%) Retailers' Sales Tax commencing January 1, 1993, in the City of Salina, Kansas. Ernest Cole, 153 South Front, said an overwhelming majority of the members of the Central Kansas Taxpayer's Association voted to come out against this increase. Moved by Commissioner Ryan, seconded by Commissioner Brungardt that Ordinance Number 92-9506, submitting to the electors of the City the question of imposing a one-half percent (1/2%) Retailers' Sales Tax commencing January 1, 1993, in the City of Salina, Kansas, be adopted. Aye: Brungardt, Divine, Ryan, Warner, Beggs. (5) . Nay: (0) . Motion adopted. (8.5) Report on bids received April 21, 1992 for Engineering Project 91-820, the Water Distribution Telemetry System. (Award the contract to B & W Electrical Contractor, Inc. in the amount of $560,000.) Don Hoff, Director of Engineering and Utilities, reviewed the project and recommended the contract be awarded to B & W Electrical Contractors, Inc. in the amount of $560,000. Moved by Commissioner Ryan, seconded by Commissioner Divine that the contract for Engineering Project 91-820, the Water Distribution Telemetry System, be awarded to B & W Electrical Contractor, Inc. in the amount of $560,000. Aye: (5). Nay: (0). Motion adopted. (8.6) Resolution Number 92-4451, authorizing the Mayor to execute and the City Clerk to attest Supplemental Agreement Numbers 1 and 2 with Bucher, Willis & Ratliff Consulting Engineers, Planners & Architects for Engineering Services for the North and South Boundary Roads at KSU - Salina Campus. Shawn O'Leary, Assistant Director of Engineering and Utilities, reviewed the project and the Supplemental Agreements. Moved by Commissioner Warner, seconded by Commissioner Brungardt that Resolution Number 92-4451, authorizing the Mayor to execute and the City Clerk to attest Supplemental Agreement Numbers 1 and 2 with Bucher, Willis & Ratliff Consulting Engineers, Planners & Architects for Engineering Services for the North and South Boundary Roads at KSU - Salina Campus, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.7) Resolution Number 92-4452, authorizing the City Manager to execute an application to the Governor's Office of Drug Abuse Programs for Drug Abuse Resistance Education (D . A . R . E .) funding under the Kansas Criminal Justice Anti -Drug Grant Program. Captain Dunstan, Salina Police Department, said a pilot program has been implemented in the sixth grade classes of 4 of the 15 schools. He said the program has been well received. The Commissioners and staff discussed the success of the pilot program to date. Actio4 # 92-170 Moved by Commissioner Brungardt, seconded by Commissioner Divine that Resolution Number 92-4452, authorizing the City Manager to execute an application to the Governor's Office of Drug Abuse Programs for Drug Abuse ! Resistance Education (D . A . R . E .) funding under the Kansas Criminal Justice Anti -Drug Grant Program, be adopted. Aye: (5) . Nay: (0) . Motion adopted. ,I j (8.8) Resolution Number 92-4453, authorizing the Mayor to execute and the j City Clerk to attest an agreement between the City of Salina, the County of Saline, the Salina Airport Authority, the Kansas Department of Transportation and the Kansas Power and Light Company for the relocation of a gas transmission line at the Schilling Road/I-135 Interchange. Shawn O'Leary, Assistant Director of Engineering and Utilities, i! reviewed the project. He said the Kansas Department of Transportation would prefer not to be a party to the agreement as this is an eligible cost under the j existing agreement. 92-171 " Moved by Commissioner Divine, seconded by Commissioner Ryan that Resolution Number 92-44535, authorizing the Mayor to execute and the City Clerk to attest an agreement between the City of Salina, the County of Saline, the Salina Airport Authority, the Kansas Department of Transportation and the Kansas Power and Light Company for the relocation of a gas transmission line at the Schilling Road/I-135 Interchange, with the Kansas Department of Transportation removed as a participant, be adopted. Aye: (5) . Nay: (0) . Motion adopted. r (8.9) Authorize Change Order Number 1 on Engineering Project 91-834, Sidewalk improvements, in the amount of $4,727.00. Shawn O'Leary, Assistant Director of Engineering and Utilities, said this Change Order is for the construction of 9 additional handicapped accessible ramps which will be paid from sales tax funds. _ 92-172 Moved by Commissioner Ryan, seconded by Commissioner Warner that the staff recommendation be accepted and that Change Order Number 1 for j! Engineering Project 91-834, Sidewalk improvements, in the amount of $4,727.00, be authorized. Aye: (5) . Nay: (0) . Motion adopted. 8.10 Remove consideration of the Staff Report on '( ) p residency requirements for city employees from the table for consideration. 92-173 Moved by Commissioner Ryan, seconded by Commissioner Divine that consideration of the Staff Report on residency requirements for city employees be removed from the table. Aye: (5) . Nay: (0) . Motion adopted. (8.10a) Staff report on residency requirements for city employees. Dennis M. Kissinger, City Manager, reviewed the report, City it Manager Memorandum 92-9, and the reasons cited for requiring all City employees to live in Saline County. The reasons are: I 1. Employees who are residents of our community generally will have a greater stake in the quality of their work and will take greater pride in that work for the community. 2. Having City employees who actually live in our community promotes public confidence in local government. 3. City employees who live in our community presumably will spend a ! good portion of their wages there, thus keeping more City money circulating within the community, improving the local economy and j City finances. 4. City employees living in the community tend to have a better understanding of the community's interests, values, problems and concerns, and can better address those community needs through their job duties. 92-174 92-175 5. In some cases, it is necessary to have available emergency staffing. Reasonable residency boundaries serve to enhance the emergency manpower pool. 6. A residency requirement enhances the community's economy by either providing jobs for current community residents, or bringing new residents into the community when a job appointment is made of a nonresident. Roger Struble, 2144 Hillside, attorney, asked that an exception be made for a long-term employee who has had to relocate out of the County. Moved by Commissioner Ryan, seconded by Commissioner Brungardt that the City Commission reaffirm the current residency requirements as outlined in City Manager Memorandum 92-9 and that the City Clerk be directed to incorporate the reasons cited in the memorandum into the minutes of this Commission meeting. Aye: (5) . Nay: (0) . Motion adopted. OTHER BUSINESS Commissioner Divine said some downtown businessmen were in attendance with questions about the proposed overparking fines. Dennis M. Kissinger, City Manager, said they will have an opportunity to speak on the issue when it is considered in the future. ADJOURNMENT Moved by Commissioner Warner, seconded by Commissioner Brungardt that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5) . Nay: (0) . Motion adopted. The meeting adjourned at 5:11 p.m. Carol E. Beggs, Mayor Y (SEAL) ATTEST: Jacqeline Shiever, CMC City Clerk