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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