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