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03-02-1992 MinutesKinn -Cox Prim ny — S,,-, Kansas CITY OF SALINA, KANSAS REGULAR MEETING OF THE MARCH 2, 1992 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, March 2, 1992, at 4:00 p.m. There were present: 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 Mayor Stephen C. Ryan CITIZEN FORUM Ronald Williams, 149 Seitz Drive, gave each Commissioner a copy of a letter inquiring about the status of the request of the Central Kansas Flywheel Association to move the B-47 from Schilling to their museum property north of towtown. Dennis M. Kissinger, City Manager, replied that in the press of other business the needed information has not been put together, but there is no time deadline and said the City will give them the time they need to prepare the information. AWARDS - PROCLAMATIONS (4.1) The Mayor proclaimed the Week of March 2 through 6, 1992 as "SEVERE WEATHER WEEK." The proclamation was read by Gail Aills, Emergency Management Director. (4.2) The Mayor proclaimed the Week of March 8 through 14, 1992 as "EMPLOY THE OLDER WORKER WEEK." The proclamation was read by Connie Fisher, Training Assistant of the Older Kansas Employment Program. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing on the vacation of limited access restriction at 2109 South Ninth Street, for Lots 1 and 2, Block 5, Meadowlark Acres #k3. ( Requested in Petition 4327, filed by Lance D. Billings and Susan K. Billings . ) Acting Mayor Beggs declared the public hearing open. Shawn O'Leary, Assistant City Engineer, reviewed the application and the layout of the intersection at Otto and Ninth Street. He said because of the traffic hazards of other motorists using the driveway as a short cut to Highland, he recommended the request for the vacation of the restricted access be denied. Lance Billings, 2109 South Ninth, owner of the property, asked that he be allowed to use this access to his property. He said the driveway is chained closed most of the time, but that some motorists do cut through his property to Highland Avenue. He said he understood when he purchased the property the access was restricted. The Commissioners, staff and applicant discussed the ramifications of allowing access onto Ninth Street. K— Cox P—,,q — 5- 92-080 92-081 92-083 92-084 There being no other comments, written or filed, the Acting Mayor declared the hearing closed. Moved by Commissioner Divine, seconded by Commissioner Warner that the petition for the vacation of the restricted access at 2109 South Ninth be denied. Aye: Beggs, Divine, Warner. (3) . Nay: Brungardt (1) . Motion adopted. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting February 10, 1992. (6.2) Petition Number 4329 was filed by John C. Marietta for the vacation of all of the 20 foot utility easement on the west side of Lot 2, and vacate the West 10 feet of the 20 foot utility easement on the east side of Lots 2 and 3, Block 1, King Addition. (Refer to the City Engineer to establish a time for the public hearing.) (6.3) Set the date of March 17, 1992 to receive bids for a Wastewater Treatment 4 wheel drive 1/2 ton pickup. Moved by Commissioner Brungardt, seconded by Commissioner Divine that all items on the Consent Agenda be approved. Aye: (4) . Nay: (0) . Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Plat Application 91-1, filed by Ry -Co, Inc., for the final plat of Austin Subdivision, an 18.03 acre tract of land located in the SE/4 SW/4 of Section 19, T14S, R2W, north of East Cloud Street, East of the Gile Addition and South of the Dow Addition (aka 1400 East Cloud Street), be approved. Roy Dudark, Director of Planning and Community Development, reviewed the application and recommended approval of the final plat of Austin Subdivision. Moved by Commissioner Warner, seconded by Commissioner Divine that the recommendation from the City Planning Commission be accepted, that Plat Application 91-1 be approved and that the Mayor be authorized to sign the final plat of Austin Subdivision. Aye: (4) . Nay: (0) . Motion adopted. (7.2) Second Reading Ordinance Number 91-9484, 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 91-8, filed by Ry -Co, Inc., for the rezoning of Austin Subdivision. The ordinance was introduced for first reading on December 2, 1991.) Moved by Commissioner Divine, seconded by Commissioner Warner that Ordinance Number 91-9484, 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, Divine, Warner, Beggs. (4) . Nay: (0) . Mayor Ryan absent. Motion adopted. Moved by Commissioner Divine, seconded by Commissioner Warner that the vacation of the Heritage Addition be approved and that the Mayor be authorized to sign the vacation instrument. Aye: (4) . Nay: (0) . Motion adopted. K1h1 Coxa ging — 531in� K )2-085 92-087 ADMINISTRATION (8.1) Resolution Number 92-4432, stating the official intent of the City of Salina, Kansas, regarding reimbursement of expenditures on projects which will be financed with bonds. Robert K. Biles, Director of Finance and Administration reviewed the changes recommended by Bond Counsel and the resolution regarding the city's intention to reimburse itself for projects to be financed with bonds. Moved by Commissioner Warner, seconded by Commissioner Brungardt that Resolution Number 92-4432, stating the official intent of the City of Salina, Kansas, regarding reimbursement of expenditures on projects which will be financed with bonds, be adopted. Aye: (4) . Nay: (0) . Motion adopted. (8.2) Report on bids received February 25, 1992 for Engineering Project 92-850, Underground Cable installation. (Award the contract to Larson Construction, Inc. of Manhattan, Kansas, in the amount of $35,800.) Don Hoff, Director of Engineering and Utilities, reviewed the project and recommended the contract be awarded to Larson Construction, Inc. Moved by Commissioner Divine, seconded by Commissioner Brungardt that the staff recommendation be accepted and that the contract for Engineering Project 92-850, Underground Cable installation, be awarded to Larson Construction, Inc. of Manhattan, Kansas, in the amount of $35,800. Aye: (4) . Nay: (0) . Motion adopted. (8.3) Approve Change Order #1 for Engineering Project 91-838, the Iron Avenue Water Main Improvements. Shawn O'Leary, Assistant City Engineer, reviewed the water main project and asked the City Commission to approve the change order. Moved by Commissioner Brungardt, seconded by Commissioner Warner that Change Order #1 for Engineering Project 91-838, the Iron Avenue Water Main Improvements, be approved. Aye: (4) . Nay: (0) . Motion adopted. (8.4) Request for executive session (attorney-client privilege) to discuss acquisition of railroad property and current property condemnation litigation. (Possible City Commission action following.) Moved by Commissioner Warner, seconded by Commissioner Brungardt that the Board of Commissioners recess into executive session for 15 minutes to discuss a matter subject to the attorney-client privilege, specifically the City's condemnation case to acquire real estate from the Union Pacific and Missouri Pacific Railroads, for the reason that public discussion of the matter would waive the attorney-client privilege and adversely affect the City's position in the matter. The Board of Commissioners recessed at 4:57 p.m. and reconvened at 5:13 p.m. Greg Bengtson, City Attorney, reviewed the case and recommended the City agree to settle its pending condemnation with the Union Pacific and Missouri Pacific Railroads by agreeing to compensation for the original tract of $48,000.00, agreeing to conduct condemnation proceedings to acquire the 45,864 square foot tract to the north of the original tract for a stipulated price of $18,000, and to authorize the Mayor, City Manager and City Attorney to take any action and to execute any documents necessary to enter into and implement such settlement. Kinn -Cox Printing — Sale a, Kansas 92-090 Moved by Commissioner Divine, seconded by Commissioner Brungardt that the recommendation of the City Attorney be accepted and that the City agree to settle its pending condemnation with the Union Pacific and Missouri Pacific Railroads by agreeing to compensation for the original tract in the amount of $48,000.00, agreeing to conduct condemnation proceedings to acquire the 45,864 square foot tract to the north of the original tract for a stipulated price of $18,000, and to authorize the Mayor, City Manager and City Attorney to take any action and to execute any documents necessary to enter into and implement such settlement. Aye: (4) . Nay: (0) . Motion adopted. OTHER BUSINESS The Commissioners announced there would be no City Commission meeting on Monday, March 9, 1992 as the Commissioners will be attending the National League of Cities Congressional Conference in Washington, D.C. ADJOURNMENT Moved by Commissioner Divine, seconded by Commissioner Warner that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4) . Nay: (0) . Motion adopted. The meeting adjourned at 5:20 p.m. (SEAL) ATTEST: Jacqueline Shiever, City Clerk A Stephen C. n, Mayor