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04-20-1992 Minutes Organization— Co CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS APRIL 20, 1992 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, April 20, 1992, at 4:00 p.m. There were present: Mayor Stephen C. Ryan, Chairman presiding Commissioner Carol E. Beggs Commissioner Peter F. Brungardt Commissioner John Divine 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 CITIZEN FORUM Martha Brock, 210 W. Iron, said she perceived a need for a "Mayors Museum" which could contain videotapes of the recent past, present and future City Commission meetings showing the Commissioners speaking to each other on various issue. Carol Clark, 417 Irene, owner of Porkchop, the Vietnamese Pot-bellied pig, said the petition to allow these pigs in the City is nearly ready to be filed. She asked the Commissioners to study the issue again before the petition is presented which calls for a referendum election on the matter. Dennis M. Kissinger, City Manager, said that after the petition is presented, the Commissioners have the opportunity to act on the petition and adopt an ordinance to do as the petitioners request or to let the matter be decided by the referendum election. Barry Williams, 2128 Hillside, spoke on behalf of CATS (Community Access Television of Salina) . He thanked Mayor Ryan for his tenure as Mayor. AWARDS - PROCLAMATIONS (4.1) The Mayor proclaimed the Week of April 19 through 25, 1992 as "YWCA WEEK." The proclamation was read by Jan Long, President of the Board of Directors of the YWCA. (4.2) The Mayor proclaimed Friday, April 24, 1992 as "ARBOR DAY." The proclamation was read by Matt Wagoner, member of the Salina Tree Advisory Board. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Remove consideration of the request to vacate a 70' x 100' storm sewer easement and the North 20' of a storm sewer easement along the north line of the vacated Woodland Avenue on Lot 1, Block 1, Trochenbach Addition, from the table for consideration. (The vacation was requested in Petition 4031, filed by James M. Hall, IV and consideration was tabled for one week at the April 13, 1992 meeting.) (5. la) Staff requests consideration of this vacation matter be continued for one more week to give the petitioner time to have the field survey finished. Kuhn-Oax Fringing 9�iin� Kansa 92-146 92-147 92-148 92-149 92-150 92-151 Moved by Commissioner Warner, seconded by Commissioner Divine that the vacating request be removed from the table for consideration at this time. Aye: (5) . Nay: (0) . Motion adopted. Moved by Commissioner Warner, seconded by Commissioner Divine that consideration of the request to vacate a 70' x 100' storm sewer easement and the North 20' of a storm sewer easement along the north line of the vacated Woodland Avenue on Lot 1, Block 1, Trochenbach Addition, be tabled for one more week. Aye: (5) . Nay: (0) . Motion adopted. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting April 13, 1992. Moved by Commissioner Brungardt, seconded by Commissioner Divine that the Consent Agenda item be approved. Aye: (5) . Nay: (0) . Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that the undeveloped portion of the approved preliminary and final development plans for the Village Brook Planned Development District on the E 59.65' of Lot 11 and all of Lot 12, Block 4, Replat of Blocks 4, 10, 11, 12, Georgetown Addition be abandoned and that the property be rezoned to District R-2. (Introduce Ordinance Number 92-9503 for first reading) Roy Dudark, Director of Planning and Community Development, reviewed the development plan and zoning background of the property. Moved by Commissioner Beggs, seconded by Commissioner Brungardt that the recommendation of the City Planning Commission be accepted and that 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, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. ADMINISTRATION (8.1) Second Reading Ordinance Number 92-9499, providing for the vacation of all of the twenty foot utility easement on the west side of Lot Two, and the West 10' of the twenty foot utility easement on Lots Two and Three, Block One, King Addition to the City of Salina, Saline County, Kansas. Moved by Commissioner Warner, seconded by Commissioner Divine that Ordinance Number 92-9499, providing for the vacation of all of the twenty foot utility easement on the west side of Lot Two, and the West 10' of the twenty foot utility easement on Lots Two and Three, Block One, King Addition to the City of Salina, Saline County, Kansas, be adopted. Aye: Beggs, Brungardt, Divine, Warner, Ryan. (5) . Nay: (0) . Motion adopted. (8.2) Second Reading Ordinance Number 92-9500, providing for the vacation of the twenty foot utility easement on Lots One through Nine, Block Eight, Belmont Addition to the City of Salina, Saline County, Kansas. Moved by Commissioner Brungardt, seconded by Commissioner Beggs that Ordinance Number 92-9500, providing for the vacation of the twenty foot utility easement on Lots One through Nine, Block Eight, Belmont Addition to the City of Salina, Saline County, Kansas, be adopted. Aye: Beggs, Brungardt, Divine, Warner, Ryan. (5) . Nay: (0) . Motion adopted. Kuhn -Cos Pri.�ting Salina. Kansm 92-152 92-153 92-154 (8.3) Second Reading Ordinance Number 92-9502, providing for the vacation of all of the dedicated east -west alley on the South 15' of Lot Fourteen, Block Four, Southern Heights Addition to the City of Salina, Saline County, Kansas. Moved by Commissioner Divine, seconded by Commissioner Warner that Ordinance Number 92-9502, providing for the vacation of all of the dedicated east -west alley on the South 15' of Lot Fourteen, Block Four, Southern Heights Addition to the City of Salina, Saline County, Kansas, be adopted. Aye: Beggs, Brungardt, Divine, Warner, Ryan. (5) . Nay: (0) . Motion adopted. (8.4) Report on the sale of $2,900,000 General Obligation Internal Improvement and Refunding Bonds, Series P-240 and R-240. Robert K. Biles, Director of Finance and Administration, said the revised total of the bond issue is $2,900,000. He introduced Roger Edgar, George K. Baum & Company. Mr. Edgar said the current interest rate is 5.043% and that by combining the refinancing of the 1985 refunding bonds with the issuance of General Obligation Bonds, Series P-240, the City is able to save approximately $81,000 and maintain its Al rating. (8.5) First 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. Robert K. Biles, Director of Finance and Administration, said this Ordinance authorizes the sale of the bonds, the redemption of outstanding Temporary Notes and approves the agreements with the Bond Registrar and Escrow Agent. Moved by Commissioner Divine, 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 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. Aye: (5) . Nay: (0) . Motion adopted. (8.6) First Reading Ordinance Number 92-9505, amending Articles V, VII, VIII and IX of the Salina Code pertaining to use of public and private sewers; and repealing the existing articles. Greg Bengtson, City Attorney, said the amended articles are required to meet federal and state regulations and to formalize the policy for industrial pretreatment. He said staff will submit the adopted Ordinance to the Environmental Protection Agency for its approval. Moved by Commissioner Beggs, seconded by Commissioner Divine that Ordinance Number 92-9505, amending Articles V, VII, VIII and IX of the Salina Code pertaining to use of public and private sewers; and repealing the existing articles, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. Kuhn nt ' 'li 92-155 92-156 92-157 (8.7) Approve Change Order Number 1 on Engineering Project 92-855 for Dean Evans Stadium Grandstand, in the amount of $12,230.00. (Additional private donations) . Steve Snyder, Director of Parks and Recreation, said additional private donations have been raised to provide for the purchase and installation of 144 theater -type stadium seats. Moved by Commissioner Divine, seconded by Commissioner Warner that Change Order Number 1 on Engineering Project 92-855 for Dean Evans Stadium Grandstand, in the amount of $12,230.00 be approved. Aye: (5) . Nay: (0) . Motion adopted. (8.8) First Reading Ordinance Number 92-9506, submitting to the electors of the City the question of imposing a one-half percent (1/2$) retailers' sales tax commencing January 1, 1993, in the City of Salina, Kansas. Dennis M. Kissinger, City Manager, said this Ordinance will allow the proposition to be placed on the August 1992 primary election ballot. He said the 1/2% sales tax will go into effect on January 1, 1993, if passed, and because the K -State -Salina special sales tax ends December 31, 1992, there would be no increase in the local sales tax rate. The Commissioners and staff discussed the sales tax rates in cities of comparable size to Salina and the impact to City fund balances if the tax increase is not approved. Ernest Cole, 153 S. Front, President of Central Kansas Taxpayers Association, said a promise was made to the citizens that the special 1/2% tax for KSU-Salina would end December 31, 1992 and the Association would not support continuing the additional tax. Moved by Commissioner Beggs, 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 introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. (8.9) Staff report on residency requirements for City employees. Dennis M. Kissinger, City Manager, said the current residency requirement for City employees is that they reside in Saline County. He said if the Commission agrees with the staff recommendation, a motion to affirm the City's current residency requirement would be in order. Dick Blackwell, 2620 Crestview, said he represented a long-term City employee and requested the matter be tabled for one week. Moved by Commissioner Divine, seconded by Commissioner Warner that the affirmation of residency requirements for City employees be tabled for one week. Aye: Beggs, Divine , Warner, Ryan. (4) . Nay: B rungardt . (1) . Motion adopted. OTHER BUSINESS (9.1) Comments from Mayor Ryan at end of Mayoral term. Mayor Ryan said it had been an honor and pleasure to serve the citizens of Salina as Mayor. He thanked his fellow Commissioners, family and business associates for their support. Action -- 92-158 92-159 92-160 ORGANIZATIONAL MEETING The Board of Commissioners convened for the purpose of organizing. Jacqueline Shiever, City Clerk, presiding. There were present: Commissioner Carol E. Beggs 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 Moved by Commissioner Divine, seconded by Commissioner Warner that Commissioner Beggs be nominated for Mayor and Chairman of the Board of Commissioners. There were no other nominations. The presiding officer declared the nominations closed and a vote taken. Aye: (5) . Nay: (0) . Commissioner Beggs was declared unanimously elected Mayor and Chairman of the Board of Commissioners. Moved by Commissioner Ryan, seconded by Commissioner Warner that Commissioner Brungardt be nominated for Acting Mayor and Vice Chairman of the Board of Commissioners. There were no other nominations. The presiding officer declared the nominations closed and a vote taken. Aye: (5) . Nay: (0) . Motion adopted. Commissioner Brungardt was declared unanimously elected Acting Mayor and Vice Chairman of the Board of Commissioners. Mayor Beggs presented a plaque and his gavel to Stephen C. Ryan in ,i appreciation of his term as Mayor from April 15, 1991 to April 20, 1992. ADJOURNMENT Moved by Commissioner Warner, seconded by Commissioner Divine that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0) . Motion adopted. The meeting adjourned at 5:09 in - M. v�v� Carol E. Beggs, May (SEAL) ATTEST: tvia. , a ww Jacqueline Shiever, CMC City Clerk Mayor Beggs thanked everyone for the opportunity to serve in this capacity. He said there have been 67 different Mayors serving Salina and 35 of them have served more than one term. He said this will be an increasingly difficult time and called for the understanding of the citizens as the City provides services in an atmosphere of dwindling resources. ADJOURNMENT Moved by Commissioner Warner, seconded by Commissioner Divine that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0) . Motion adopted. The meeting adjourned at 5:09 in - M. v�v� Carol E. Beggs, May (SEAL) ATTEST: tvia. , a ww Jacqueline Shiever, CMC City Clerk