02-24-1992 Minutes92-060
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
FEBRUARY 24, 1992
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, February 24, 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
Stephen Shogren, Ranson Capital Corporation, Wichita, presented a
proposal to refinance the City of Salina 1985 Refunding Bond issue. He said it
is a good time to restructure the bond issue with interest rates now at
6.75%. He proposed to market the bonds this week at 4.42% interest and
guaranteed to save the City of Salina $84,000 if the City Commission acts this
week.
The Commissioners and staff discussed the timing of the proposal and
potential risks.
Mayor Ryan thanked Mr. Shogren for his report and asked the
staff to look at his proposal.
AWARDS - PROCLAMATIONS
(4.1) The Mayor proclaimed the Month of February, 1992 as "NATIONAL
AMBUCS MONTH." The proclamation was read by Wally Weiss, Chairman of the
Board.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting February 10, 1992.
(6.2) Set the date of March 10, 1992 to receive bids for Police Department
4 wheel drive utility vehicle.
(6.3) Set the date of March 17, 1992 to receive bids for Engineering
Project 92-856, 1992 Latex Modified Slurry Seal.
Moved by Commissioner Warner, seconded by Commissioner Divine that
all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) . Motion
adopted.
None
DEVELOPMENT BUSINESS
92-061
92-062
92-063
92-064
ADMINISTRATION
(8.1) First Reading Ordinance Number 92-9494, exempting certain property
owned by Wyatt Foundry, Inc., located at 601 Idlewilde Place, Salina, Kansas,
from ad valorem taxation and providing for certain in lieu of tax payments and
authorizing the Mayor to execute an agreement amending Section 7.6 "payment
in lieu of taxes" of the lease by and between the City of Salina, Kansas and
Wyatt Foundry, Inc., dated June 1, 1991.
Greg Bengtson, City Attorney, reviewed Items 8.1 through 8.5. He
said the Wyatt project originally was scheduled for completion in 1991 with the
tax exemption beginning in 1992. The project will not be completed until 1992
with the tax exemption beginning in 1993, so the lease agreement between the
City and Wyatt Foundry, Inc. requires amendment. He said it was also
necessary to ratify previous Commission action on both Wyatt Foundry and
Premier Pneumatics, Inc. tax exemption by adopting the ordinances. He
explained that an emergency exists because of the March 1, 1992 filing deadline
to the Board of Tax Appeals.
Moved by Commissioner Divine, seconded by Commissioner Brungardt
that Ordinance Number 92-9494, exempting certain property owned by Wyatt
Foundry, Inc., located at 601 Idlewilde Place, Salina, Kansas, from ad valorem
taxation and providing for certain in lieu of tax payments and authorizing the
Mayor to execute an agreement amending Section 7.6 "payment in lieu of taxes"
of the lease by and between the City of Salina, Kansas and Wyatt Foundry,
Inc., dated June 1, 1991, be introduced for first reading. Aye: (5) . Nay:
(0) . Motion adopted.
(8.2) First Reading Ordinance Number 92-9495, exempting certain property
owned by Premier Pneumatics, Inc., located at 606 North Front Street, Salina,
Kansas, from ad valorem taxation.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that Ordinance Number 92-9495, exempting certain property owned by Premier
Pneumatics, Inc., located at 606 North Front Street, Salina, Kansas, from ad
valorem taxation, be introduced for first reading. Aye: (5) . Nay: (0) .
Motion adopted.
(8.3) Declare an emergency to exist so Ordinances 92-9494 and 92-9495 can
be considered on second reading at this time.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that an emergency be declared to exist in order to meet the March 1, 1992
filing deadline with the Board of Tax Appeals. Aye: (5) . Nay: (0) . Motion
adopted.
(8.4) Second Reading Ordinance Number 92-9494, exempting certain
property owned by Wyatt Foundry, Inc., located at 601 Idlewilde Place, Salina,
Kansas, from ad valorem taxation and providing for certain in lieu of tax
payments and authorizing the Mayor to execute an agreement amending Section
7.6 "payment in lieu of taxes" of the lease by and between the City of Salina,
Kansas and Wyatt Foundry, Inc., dated June 1, 1991.
Moved by Commissioner Warner, seconded by Commissioner Divine that
Ordinance Number 92-9494, exempting certain property owned by Wyatt
Foundry, Inc., located at 601 Idlewilde Place, Salina, Kansas, from ad valorem
taxation and providing for certain in lieu of tax payments and authorizing the
Mayor to execute an agreement amending Section 7.6 "payment in lieu of taxes"
of the lease by and between the City of Salina, Kansas and Wyatt Foundry,
Inc., dated June 1, 1991, be adopted. Aye: Beggs, Brungardt, Divine,
Warner, Ryan. (5) . Nay: (0) . Motion adopted.
(8.5) Second Reading Ordinance Number 92-9495, exempting certain
property owned by Premier Pneumatics, Inc., located at 606 North Front
Street, Salina, Kansas, from ad valorem taxation.
4P 1.7
92-066
92-067
Moved by Commissioner Divine, seconded by Commissioner Brungardt
that Ordinance Number 92-9495, exempting certain property owned by Premier
Pneumatics, Inc., located at 606 North Front Street, Salina, Kansas, from ad
valorem taxation, be adopted. Aye: Beggs, Brungardt, Divine, Warner, Ryan.
(5) . Nay: (0) . Motion adopted.
(8.6) Petition Number 4328, filed by Ernest Cole, regarding citizen
disapproval of the City selling alcoholic beverages and hard liquor; and
permitting consumption of privately owned alcoholic beverages upon or within
I city property.
Dennis M. Kissinger, City Manager, reviewed the petition and
summarized the options available to the Commissioners.
Ernest Cole, 153 S. Front, petitioner, urged the City Commissioners
to consider changing the policy allowing the consumption of alcoholic beverages
on city -owned property.
Helen Wilson, said she was ashamed that the City wants revenue at
any cost.
Cindy Smith, Coordinator of the Salina All-American Prevention
Partnership, said the Partnership is not taking a stand on this issue at this
time, but is concerned about changing the image of the consumption of alcohol.
The Commissioners and staff discussed the procedure required for the
petitioners to bring this issue to referendum and the cost to the taxpayers.
Moved by Commissioner Divine, seconded by Commissioner Warner that
the Commissioners thank the petitioners for expressing their opinion and take
no action at this time. Aye: (5) . Nay: (0) . Motion adopted.
(8.7) Approve Change Order #1 for Wastewater Treatment Maintenance
Building in the deducted amount of $12,013.00.
Don Hoff, Director of Utilities, said he and the architect reviewed
the project and identified deletions of approximately $12,000.00.
Frank Weinhold, Director of General Services, reviewed the bids
received. He said the contract would be paid from user fees at the landfill.
Moved by Commissioner Divine, seconded by Commissioner Warner that
the staff recommendation be accepted and that Resolution Number 92-4428,
authorizing the Mayor to execute and the City Clerk to attest a contract with
Resource Management Company, Inc. of Bazine, Kansas for waste car/truck tire
recovery, and repealing Resolution Number 91-4360, be adopted. Aye: (5) .
Nay: (0) . Motion adopted.
(8.9) Resolution Number 92-4429, appointing members to the Accessibility
Advisory Board, Building Codes Advisory and Appeals Board, Convention and
Tourism Committee, Disciplinary Advisory Board, Heritage Commission, Library
Board and Salina Airport Authority.
Moved
by
Commissioner Beggs, seconded by
Commissioner Warner that
Change
Order
#1
for Wastewater Treatment Maintenance Building
in the
deducted
amount
of
$12,013.00, be approved. Aye:
(5) . Nay: (0) .
Motion
adopted.
(8.8)
Resolution
Number 92-4428, authorizing the
Mayor to execute
and the
City Clerk to attest a contract with Resource Management Company,
Inc. of
Bazine'Kansas
for
waste car/truck tire recovery,
and repealing Resolution
Number 91-4360.
Frank Weinhold, Director of General Services, reviewed the bids
received. He said the contract would be paid from user fees at the landfill.
Moved by Commissioner Divine, seconded by Commissioner Warner that
the staff recommendation be accepted and that Resolution Number 92-4428,
authorizing the Mayor to execute and the City Clerk to attest a contract with
Resource Management Company, Inc. of Bazine, Kansas for waste car/truck tire
recovery, and repealing Resolution Number 91-4360, be adopted. Aye: (5) .
Nay: (0) . Motion adopted.
(8.9) Resolution Number 92-4429, appointing members to the Accessibility
Advisory Board, Building Codes Advisory and Appeals Board, Convention and
Tourism Committee, Disciplinary Advisory Board, Heritage Commission, Library
Board and Salina Airport Authority.
92-069
92-070
32-071
92-072
92-073
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that Resolution Number 92-4429, appointing members to the Accessibility
Advisory Board, Building Codes Advisory and Appeals Board, Convention and
Tourism Committee, Disciplinary Advisory Board, Heritage Commission, Library
Board and Salina Airport Authority, be adopted. Aye: (5) . Nay: (0) . Motion
adopted.
(8.10) Resolution Number 92-4430, authorizing the Mayor to execute and the
City Clerk to attest a lease agreement between the City of Salina, Kansas and
Harry Sinsabaugh and Mildred Sinsabaugh to farm a certain tract of land in the
SE/4 NE/4 of Section 19, Township 14 South, Range 2 West of the 6th Principal
Meridian, owned by the City.
Frank Weinhold, Director of General Services, reviewed the agreement.
Moved
by Commissioner Brungardt,
seconded by
Commissioner Divine
that Resolution Number 92-4430, authorizing
the Mayor to
execute and
the City
Clerk to attest a lease agreement between the
City of Salina, Kansas and Harry
Sinsabaugh and
Mildred Sinsabaugh to farm a
certain tract
of land in
the SE/4
NE/4 of Section
19, Township 14 South, Range 2 West
of the 6th
Principal
Meridian, owned
by the City, be adopted.
Aye: (5) .
Nay: (0) .
Motion
adopted.
(8.11) Resolution Number 92-4431, authorizing the Mayor to execute and the
City Clerk to attest an agreement with Clark, Mize and Linville, Chartered for
City Attorney services.
Dennis M. Kissinger, City Manager, reviewed the changes in the
agreement for City Attorney services.
The City Commissioners and staff discussed the contract.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
I that Resolution Number 92-4431, authorizing the Mayor to execute and the City
Clerk to attest an agreement with Clark, Mize and Linville, Chartered for City
Attorney services, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.12) Report on bids received February 18, 1992 for Engineering Project
91-833, for the replacement of the West North Street Bridge. (Award the
contract to J. H. Shears' Sons, Inc., in the amount of $103,139.55.)
Shawn O'Leary, Assistant City Engineer, reviewed the bids received
and recommended the contract be awarded to J. H. Shears' Sons, Inc. in the
amount of $103,139.55.
Moved by Commissioner Divine, seconded by Commissioner Brungardt
that the staff recommendation be accepted and that the contract for Engineering
Project 91-833, for the replacement of the West North Street Bridge be awarded
to J. H. Shears' Sons, Inc., in the amount of $103,139.55. Aye: (5). Nay:
(0) . Motion adopted.
(8.13) Report on bids received February 18, 1992 for the sale of surplus
police pistols. (Award the contract to Simmons Guns Specialties, in the amount
of $10,890.)
Dennis M. Kissinger, City Manager, reviewed the bids received and
said the money would be used to off -set the cost of the weapons changeover
program.
Captain Plunkett, Salina Police Department, said 16 hours of
transition training will be required for the new weapons.
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that the staff recommendation be accepted and the sale of surplus police
pistols be awarded to Simmons Guns Specialties, in the amount of $10,890.
Aye: (5) . Nay: (0) . Motion adopted.
Ku in -C- P intii.n —
--J2-074
92-075
12-076
92-077
92-078
(8.14) Report on bids received February 18, 1992 for the purchase of seven
police vehicles. (Award the contract to Shawnee Mission Ford in the amount of
1$79,744 with trade.)
Dennis M. Kissinger, City Manager, reviewed the bids received and
the City's sealed bid process. He recommended awarding the contract to
Shawnee Mission Ford.
John Erwin, salesman for Long MacArthur, offered to reduce their
price to keep the money in Salina.
Moved by Commissioner Divine, seconded by Commissioner Warner that
the staff recommendation be accepted and the contract for the purchase of
seven police vehicles be awarded to Shawnee Mission Ford in the amount of
$79,744 with trade. Aye: (5) . Nay: (0) . Motion adopted.
Mayor Ryan introduced Webelos Scout Pack 16, sponsored by Sunrise
Presbyterian Church, in attendance at the meeting.
(8.15) Executive session to discuss a personnel matter. (No action
anticipated)
Moved by Commissioner Beggs, seconded by Commissioner Warner that
the Board of Commissioners recess into executive session for 20 minutes to
discuss a personnel matter involving a non -elected employee of the City for the
reason that public discussion of the matter would invade the privacy of the
non -elected personnel involved. Aye: (5) . Nay: (0) . Motion adopted.
5:53 p.m.
The Board of Commissioners recessed at 5:34 p.m. and reconvened at
The Commissioners took no action.
Moved by Commissioner Warner, seconded by Commissioner Divine that
the Board of Commissioners recess into executive session for 15 minutes to
discuss a matter subject to the attorney-client privilege, specifically the
pending lawsuit of Eisele vs. City of Salina, for the reason that public
discussion of the matter would waive the attorney-client privilege and would
adversely affect the City's position in the matter. Aye: (5) . Nay: (0) .
Motion adopted.
The Board of Commissioners recessed at 5:54 p.m. and reconvened at
6:08 p.m.
Greg Bengtson, City Attorney, explained that the City has a March
2, 1992 deadline to name additional responsible parties in the Eisele vs. City
of Salina lawsuit and asked the City Commissioners to authorize the filing of
the third party petition to name Ramico, Inc. and the estate of Merle Vincent
dba Vince's Roto Rooter as potential responsible parties in the lawsuit.
Moved by Commissioner Divine, seconded by Commissioner Warner that
the City be authorized to file a third party petition to name Ramico, Inc. and
the Estate of Merle Vincent dba Vince's Roto Rooter as potential responsible
parties in the lawsuit. Aye: (5) . Nay: (0) . Motion adopted.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that the Board of Commissioners recess into executive session for 10 minutes to
discuss a matter subject to the attorney-client privilege, specifically the
pending appeal in the City's condemnation action to acquire a tract of real
estate located at Elm and 3rd Streets from Union Pacific Railroad, for the
reason that public discussion would waive the attorney-client privilege and
would adversely affect the City's position in the matter. Aye: (5) . Nay: (0) .
Motion adopted.
6:28 p.m.
The Board of Commissioners recessed at 6:11 p.m. and reconvened at
The Commissioners took no action.
92-079
None
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Beggs, 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 6:29 p.m.
Stephen C. Ryan, iVlayor
(SEAL)
(ATTEST:
Jacqueline Shiever, City Clerk