01-06-1992 Minutes92-001
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JANUARY 6, 1992
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, January 6, 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
Ben Frick, 120 Overhill, thanked the Commissioners and staff for
expediting his request to waive the bond requirement for moving a building to
the Central Kansas Flywheels Museum.
AWARDS - PROCLAMATIONS
None
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(6.1)
Approve
the Minutes
of the
Special
Meeting
December
19,
1991.
(6.2)
Approve
the Minutes
of the
Special
Meeting
December
30,
1991.
(6.3) Accept plans and specifications as filed by the City Engineer for the
West North Street Bridge Replacement, Engineering Project 91-833, and set
Tuesday, February 18, 1992 as the date to receive bids.
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) .
Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission that Application
#P91 -3/3A, filed by Gib Urban, requesting final plat approval for Upper Mill
Heights Addition No. 3 to the City of Salina, an 8.75 acre tract of land
located on the east side of Upper Mill Heights Drive (aka 600 Block of Upper
Mill Heights Drive) , be approved.
Roy Dudark, Director of Planning and Community Development,
reviewed the application.
Ray House, 857 Eastridge, one of the applicants, asked for favorable
consideration by the City Commissioners, and that Ridgelea be left open as an
option.
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92-004
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the recommendation from the City Planning Commission be accepted, that Plat
Application 91-3/3A, filed by Gib Urban, requesting approval of the final plat
of Upper Mill Heights Addition No. 3, be approved, and that the Mayor be
authorized to sign the final plat. Ayer (5) . Nay: (0) . Motion adopted.
ADMINISTRATION
Mayor Ryan, with the consent of the Commissioners, considered Item
8.2.
(8.2) First Reading Ordinance Number 92-9492, granting to Communications
Services, Inc., or the lawful successor, transferee, or assignee thereof, a
franchise for provision of cable services to Salina, Kansas; and repealing
Ordinance Number 8544.
Dennis M. Kissinger, City Manager, reviewed the cable negotiations.
He said the franchise ordinance incorporates the general agreements between
the parties and will be considered on three readings, with a 60 day waiting
period, and will become effective approximately April 1, 1992.
Sherry Denton, Chairman of the Citizens's Cable TV Committee, read
a prepared letter and recommended that the City Commission approve the
TCI/CSI agreement and introduce the franchise ordinance on first reading.
Andy Tompkins, 2243 Leland Way, thanked the City Commissioners
and staff on behalf of the school district for the potential opportunity to
serve students through the educational programming.
Barry Williams, 2128 Hillside Drive, member of the Cable TV
Committee, offered a personal thank you to the City Commissioners, staff, and
other committee members for their perserverance in working with the large
corporate entity.
Larry Pankratz, 311 Gail, K- State- Salina, said this new agreement
will allow the university to provide video based education and to provide
classes to area high schools.
The City Commissioners and staff discussed the franchise ordinance.
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that Ordinance Number 92-9492, granting to Communications Services, Inc., or
the lawful successor, transferee, or assignee thereof, a franchise for
provision of cable services to Salina, Kansas; and repealing Ordinance Number
8544, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted.
Moved by Commissioner Warner, seconded by Commissioner Divine that
all existing tolling agreements with TCI be extended through April 1, 1992.
Aye: (5) . Nay: (0) . Motion adopted.
(8.1) Second Reading Ordinance Number 91-9488, amending Article IV,
Division 9, of Chapter 42 of the Salina Code pertaining to manufactured home
district, and repealing the existing sections. (Z91-9, filed by the City
Planning Commission) .
Roy Dudark, Director of Planning and Community Development,
reviewed the history of the zoning application and the proposed ordinance and
the alternatives available to the City Commissioners.
Mike Peterson, Chief Building Official, reviewed the City's
inspection procedures for service hookups on mobile home units.
John Melvin, 2219 Edgehill, said mobile homes constructed prior to
1976 were built to ANSI Codes and said Chapter 22 of the Salina Code could be
enforced to address some of the concerns on substandard units.
Terry Humphrey, Executive Director of the Kansas Manufactured
Housing Association, said the Association opposes the City Planning Commission
recommendation to exclude pre -1976 mobile homes from Salina.
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92-009
Bob Alderson, General Counsel for the Kansas Manufactured Housing
Association, presented a memorandum to the City Commissioners, and cited
several legal cases regarding the exclusion of certain housing. He said
Attachment B to the City Planning Commission recommendation is acceptable as
it allows alternatives for inspection of pre -1976 built homes.
Daniel J. Huehl, 745 Huehl Circle, President of Mid -Kansas Mobile
Homes, said the current method of inspections is sufficient and works well.
Doug Riles said he owns a mobile home park and the exclusion of
pre -1976 homes would hurt his business.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Zoning Application 91-9 be sent back to the City Planning Commission for
review. Aye: Divine, Warner. (2) . Nay: Beggs, Brungardt, Ryan. (3) .
Motion defeated.
Moved by Commissioner Brungardt, seconded by Commissioner Beggs
that Ordinance Number 91-9488, amending Article IV, Division 9, of Chapter 42
of the Salina Code pertaining to manufactured home district, and repealing the
existing sections, with Section 42-230 amended as outlined in the alternate
Language of the City Planning Commission recommendation, be adopted. Aye:
Beggs, Brungardt, Divine, Warner, Ryan. (5) . Nay: (0) . Motion adopted.
(8.3) Report on bids received December 31, 1991, for Engineering Project
91-845, Broadway Median Modification Project. (Award the contract to Wilson
Constructors, Inc., in the amount of $35,998.)
Shawn O'Leary, Assistant City Engineer, reviewed the bids received
and recommended the contract be awarded to Wilson Constructors, Inc. in the
amount of $35,998 and that the project be funded from sales tax funds.
Commissioner Divine requested that staff review the source of funding
used on this project to see if Special Gas Tax funds could be used instead of
sales tax funds.
Moved by Commissioner Beggs, seconded by Commissioner Divine that
the staff recommendation be accepted and that the contract for Engineering
Project 91-845, Broadway Median Modification Project, be awarded to Wilson
Constructors, Inc. in the amount of $35,998. Aye: (5) . Nay: (0) . Motion
adopted.
(8.4) City Engineer reports on validity of Petition 4326 filed by Mr.
Kenneth Nordboe requesting certain utility improvements in part of Wallerius
Addition No. 2 and Nord Subdivision, and files a feasibility report on the
improvements.
Shawn O'Leary, Assistant City Engineer, reported that petition 4326
is a valid petition and recommended it be approved.
Moved by Commissioner Beggs, seconded by Commissioner Warner that
Petition 4326 be approved, that the feasibility report filed by the City
Engineer be accepted as filed, and that the City Clerk be instructed to prepare
the resolutions required to initiate the project. Aye: (5) . Nay: (0) . Motion
adopted.
(8.5) Consideration of 1992 authorization for remaining 1991 projects.
Robert K. Biles, Director of Finance and Administration, reviewed the
nine 1991 projects totalling $387,955.
Commissioner Beggs recommended that staff include the quotes on the
Request for Commission Action forms (Blue Sheets) on items not requiring bids.
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that the staff recommendation be accepted and that the nine 1991 projects be
authorized for 1992, and that staff be authorized to proceed. Aye: (5) . Nay:
(0) . Motion adopted.
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92-011
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—92-014
(8.6) Staff report on Liquor Tax options.
Dennis M. Kissinger, City Manager, reviewed the allocation of Special
Alcohol funds for 1992 and the options for consideration.
Moved by Commissioner Divine, seconded by Commissioner Brungardt
that the staff recommendation be accepted and that the $8,000 be retained in a
restricted fund until Fall of 1992, when the 1993-1994 full proposals/grant
requests will be considered. Aye: (5) . Nay: (0) . Motion adopted.
(8.7) Report on Employee Health Insurance Program.
Dennis M. Kissinger, City Manager, reviewed the staff report
recommending one plan for health and dental insurance for City employees, and
a change in employee contributions.
Moved by Commissioner Warner, seconded by Commissioner Brungardt
authorizing health insurance with Blue Cross & Blue Shield, specifically Blue
Select, to be the sole health care option for City employees and to contract
with Delta Dental for dental coverage as outlined in the staff report. Aye:
(5) . Nay: (0) . Motion adopted.
(8.8) Resolution Number 92-4413, authorizing the Mayor and City Manager
to execute and cause to be delivered certain documents necessary to effect the
closing of the sale of the Salina Motel Project by the City of Salina to
Resolution Trust Corporation as receiver and Anchor Federal Savings and Loan
Association.
Greg Bengtson, City Attorney, reviewed the history of the Industrial
Revenue Bond project and the requirements to close the project.
The City Commissioners and staff discussed the process.
Moved by Commissioner Brungardt, seconded by Commissioner Beggs
that Resolution Number 92-4413, authorizing the Mayor and City Manager to
execute and cause to be delivered certain documents necessary to effect the
closing of the sale of the Salina Motel Project by the City of Salina to
Resolution Trust Corporation as receiver and Anchor Federal Savings and Loan
Association, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.9) Request for Executive Session to discuss personnel issue.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that the Board of Commissioners recess into executive session for 10 minutes to
discuss a personnel matter regarding a non -elected employee of the City for the
reason that public discussion of the matter would invade the privacy of the
non -elected employee involved. Aye: (5) . Nay: (0) . Motion adopted.
6:04 p.m.
The Board of Commissioners recessed at 5:54 p.m. and reconvened at
The Commissioners took no action.
(8.10) Request for Executive Session to discuss litigation with City
Attorney.
Moved by Commissioner Beggs, seconded by Commissioner Divine that
the Board of Commissioners recess into executive session for 10 minutes to
discuss a matter subject to the attorney-client privilege, specifically legal
matters pertaining to pending litigation in which the City is a party, 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.
6:15 p.m.
The Board of Commissioners recessed at 6:05 p.m. and reconvened at
The City Commissioners took no action.
92-015
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 6:17 p.m.
JJ .{�_c&-e.�i�.;
Stephen C . Ryan Mayor
( SEAL)
ATTEST:
Jacqueline Shiever, City Clerk