12-19-1991 Minutes Special MtgCITY OF SALINA, KANSAS
SPECIAL MEETING OF THE BOARD OF COMMISSIONERS
DECEMBER 19, 1991
1:30 p.m.
The Special Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Thursday, December 19, 1991, at
1:30 p.m. to consider the following:
1. CALL TO ORDER / ROLL CALL
2. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
3. CITIZEN FORUM
4. AWARDS - PROCLAMATIONS
(4.1) Resolution Number 91-4409, expressing gratitude and
appreciation to Lois M. Wright for serving the City of Salina, Kansas from
October 21, 1973 to December 31, 1991 as Landfill Attendant for the Solid
Waste Disposal Division of the Department of General Services of the City
of Salina, Kansas.
5. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
6. CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting December 91, 1991.
(6.2) Approve the construction of a maintenance facility at the
Wastewater Treatment Plant No. 1, Project Number 91-842, and set the
date of January 21, 1992 to receive bids.
7. DEVELOPMENT BUSINESS
(7.1) Consideration of participating in a pilot geographic information
system (GIS) project.
8. ADMINISTRATION
(8.1) Second Reading Ordinance 91-9490, designating an area of
property consisting of approximately 22.3 acres located in a small portion
of the 500 block and all of the 600 and 700 blocks of South Santa Fe
Avenue (both sides) .
( Heritage Conservation Application 91-4, filed by Richard A. and
Twila Schneiders, et al., for the designation of the Santa Fe
Historic District.)
(8.2) Second Reading Ordinance 91-9491, regulating traffic within the
corporate limits of the City of Salina, Kansas; incorporating by reference
the "Standard Traffic Ordinance for Kansas Cities," edition of 1991; and
repealing the existing Salina Code Section 38-1.
(8.3) Resolution Number 91-4410, authorizing the Mayor and City
Clerk to execute for and on behalf of the City of Salina, Kansas,
Agreement No. 158-91 between the City and the Kansas Department of
Transportation, for the purpose of determining the status of the frontage
road located along the west side of 1-135 south of Schilling Road once
project 135-85 K-3707-01 is completed.
(8.4) Resolution Number 91-4411, authorizing the Mayor to execute and
the City Clerk to attest an agreement between the City, the Kansas
Department of Transportation and Union Pacific Railroad for railroad
improvements at Fourth and Crawford.
(8.5) Approval of Change Order No. 1 for the 1991 Subdivision and
Connecting Links, Project No. 91-836 in the amount of $40,322.75.
(8.6) Approval of Change Order No. 1 for the 1991 Curb and Gutter
and Concrete Pavement Repair, Project No. 91-837 in the amount of
$4,279.75.
(8.7) Report on bids received December 17, 1991 for Engineering
Project 91-841A, Traffic Signal Modification at Ninth Street and Cloud
Street. (Award the contract to B & W Electrical Contractors in the amount
of $14,900.)
91-541
(8.8) Report on bids received December 17, 1991 for Engineering
Project 91-847, Building Demolition. (Award the contract to Bob Smith
Salvage, Inc. in the amount of $8,350.)
(8.9) Set 5:30 p.m., Monday, December 30, 1991 for a Special
Meeting of the Board of Commissioners to consider regular agenda items.
(8.10) Request for Executive Session to discuss Cable TV.
(a) Possible introduction of Ordinance Number 91-9492 (Cable
Television Franchise Ordinance) for first reading.
(b) Set the date and time for a Special Meeting to consider
Ordinance Number 91-9492 on second reading. (if introduced above)
(c) If Ordinance Number 91-9492 is not introduced, consider
authorization to commence legal action and administrative proceeding
under Cable Act.
(d) Other action as required regarding cable television franchise
renewal.
9. OTHER BUSINESS
10. ADJOURNMENT
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
Michael Morgan, Assistant City Manager
Jacqueline Shiever, City Clerk
Dennis M. Kissinger, City Manager
None
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) Resolution Number 91-4409, expressing gratitude and appreciation to
Lois M. Wright for serving the City of Salina, Kansas from October 21, 1973 to
December 31, 1991 as Landfill Attendant for the Solid Waste Disposal Division
of the Department of General Services of the City of Salina, Kansas.
Moved by Commissioner Warner, seconded by Commissioner Divine,
that Resolution Number 91-4409, expressing gratitude and appreciation to Lois
M. Wright for serving the City of Salina, Kansas from October 21, 1973 to
December 31, 1991 as Landfill Attendant for the Solid Waste Disposal Division
of the Department of General Services of the City of Salina, Kansas, be
adopted. Aye: (5) . Nay: (0) . Motion adopted.
Mayor Ryan presented the plaque to Lois Wright.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
91-542
91-543
91-544
91-545
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting December 9, 1991.
(6.2) Approve the construction of a maintenance facility at the Wastewater
Treatment Plant No. 1, Engineering Project 91-842, and set the date of January
21, 1992 to receive bids.
Moved by Commissioner Brungardt, seconded by Commissioner Divine
that all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) .
Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Consideration of participating in a pilot geographic information
system ( GIS) project.
Roy Dudark, Director of Planning and Community Development,
reviewed the GIS project and recommended approval of $10,000 as the City's
contribution to the project, subject to the execution of an agreement with the
County.
The Commissioners and staff discussed the City's long-term financial
committment and potential applications of the system.
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that the staff recommendation be accepted and that $10,000 be approved as the
city's contribution to the proposed Geographic Information System subject to
the execution of an agreement with the County. Aye: (4) . Nay: (0) .
Commissioner Divine abstained. Motion . adopted .
ADMINISTRATION
(8.1) Second Reading Ordinance 91-9490, designating an area of property
consisting of approximately 22.3 acres located in a small portion of the 500
block and all of the 600 and 700 blocks of South Santa Fe Avenue (both sides) .
( Heritage Conservation Application 91-4, filed by Richard A. and Twila
Schneiders, et al., for the designation of the Santa Fe Historic
District.)
Moved by Commissioner Divine, seconded by Commissioner Brungardt
that Ordinance 91-9490, designating an area of property consisting of
approximately 22.3 acres located in a small portion of the 500 block and all of
the 600 and 700 blocks of South Santa Fe Avenue (both sides), be adopted.
Aye: Beggs, Brungardt, Divine, Warner, Ryan. (5) . Nay: (0) . Motion
adopted.
(8.2) Second Reading Ordinance 91-9491, regulating traffic within the
corporate limits of the City of Salina, Kansas; incorporating by reference the
"Standard Traffic Ordinance for Kansas Cities," edition of 1991; and repealing
the existing Salina Code Section 38-1.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that Ordinance 91-9491, regulating traffic within the corporate limits of the
City of Salina, Kansas; incorporating by reference the "Standard Traffic
Ordinance for Kansas Cities," edition of 1991; and repealing the existing
Salina Code Section 38-1, be adopted. Aye: Beggs, Brungardt, Divine,
Warner, Ryan. (5) . Nay: (0) . Motion. adopted .
(8.3) Resolution Number 91-4410, authorizing the Mayor and City Clerk to
execute for and on behalf of the City of Salina, Kansas, Agreement No. 158-91
between the City and the Kansas Department of Transportation, for the purpose
of determining the status of the frontage road located along the west side of
I-135 south of Schilling Road once project 135-85 K-3707-01 is completed.
Shawn O'Leary, Assistant City Engineer, reviewed the project and
explained that the agreement addresses the ultimate maintenance responsibility
of the frontage road.
91-546
91-547
91-548
91-549
91-550
Moved by Commissioner Beggs, seconded by Commissioner Warner that
Resolution Number 91-4410, authorizing the Mayor and City Clerk to execute for
and on behalf of the City of Salina, Kansas, Agreement No. 158-91 between the
City and the Kansas Department of Transportation, for the purpose of
determining the status of the frontage road located along the west side of
I-135 south of Schilling Road once project 135-85 K-3707-01 is completed, be
adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.4) Resolution Number 91-4411, authorizing the Mayor to execute and the
City Clerk to attest an agreement between the City, the Kansas Department of
Transportation and Union Pacific Railroad for railroad improvements at Fourth
and Crawford.
Shawn O'Leary, Assistant City Engineer, said the agreement provides
for the replacement of the railroad crossing at the intersection of Fourth and
Crawford Streets. He said Union Pacific will do the work in conjunction with
the Crawford Street improvements. The total cost of the project is estimated
to be $170,333.00 with the City's share of $42,583.25 to be included in the
General Obligation bonds to be issued to finance the entire project.
Moved by Commissioner Divine, seconded by Commissioner Beggs,
that Resolution Number 91-4411, authorizing the Mayor to execute and the City
Clerk to attest an agreement between the City, the Kansas Department of
Transportation and Union Pacific Railroad for railroad improvements at Fourth
and Crawford, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.5) Approval of Change Order No. 1 for Engineering Project 91-836, in
the amount of $40,322.75, for the 1991 Subdivision and Connecting Links.
Shawn O'Leary, Assistant City Engineer, said the correct amount of
the change order is $39,482.75 and recommended approval.
Moved by Commissioner Beggs, seconded by Commissioner Divine that
Change Order No. 1 for Engineering Project 91-836 in the amount of $39,482.75
for the 1991 Subdivision and Connecting Links, be approved. Aye: (5). Nay:
(0) . Motion adopted.
(8.6) Approval of Change Order No. 1 for Engineering Project 91-837, in
the amount of $4,279.75, for the 1991 Curb and Gutter and Concrete Pavement
Repair.
Shawn O'Leary, Assistant City Engineer, said this change order
includes seven new handicap -accessible sidewalk ramps at various locations.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that Change Order No. 1 for Engineering Project 91-837, in the amount of
$4,279.75, for the 1991 Curb and Gutter and Concrete Pavement Repair, be
approved. Aye: (5) . Nay: (0) . Motion adopted.
(8.7) Report on bids received December 17, 1991 for Engineering Project
91-841A, Traffic Signal Modification at Ninth and Cloud Streets. (Award the
contract to B & W Electrical Contractors in the amount of $14,900.)
Shawn O'Leary, Assistant City Engineer, reviewed the bids received
and recommended the contract be awarded to B & W Electrical Contractors in
the amount of $14,900.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the staff recommendation be accepted and that the contract for Engineering
Project 91-841A, Traffic Signal Modification at Ninth Street and Cloud Street,
be awarded to B & W Electrical Contractors in the amount of $14,900. Aye:
(5) . Nay: (0) . Motion adopted.
91-551
91-552
91-553
91-554
(8.8) Report on bids received December 17, 1991 for Engineering Project
91-847, Building Demolition. (Award the contract to Bob Smith Salvage, Inc.
in the amount of $8,350.)
Shawn O'Leary, Assistant City Engineer, said of the twenty
condemned buildings from the 1991 Dangerous Structures Project, twelve have
been repaired or removed by the owners. The remaining eight will be
demolished under this contract. He reviewed the bids received and
recommended the contract be awarded to Bob Smith Salvage, Inc. in the amount
of $8,350.
Mike Peterson, Chief Building Official, was present to answer
questions from the Commissioners.
Moved by Commissioner Beggs, seconded by Commissioner Warner,
that the staff recommendation be accepted and that the contract for Engineering
Project 91-847, Building Demolition, be awarded to Bob Smith Salvage, Inc. in
the amount of $8,350. Aye: (5) . Nay: (0) . Motion adopted.
(8.9) Set 5:30 p.m., Monday, December 30, 1991 for a Special Meeting of
the Board of Commissioners to consider regular agenda items.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
5:30 p.m., Monday, December 30, 1991 be set for a Special Meeting of the
Board of Commissioners to consider regular agenda items. Aye: (5) . Nay:
(0) . Motion adopted.
(8.10) Request for Executive Session to discuss Cable TV.
(a) Possible introduction of Ordinance Number 91-9492 (Cable Television
Franchise Ordinance) for first reading.
(b) Set the date and time for a Special Meeting to consider Ordinance
Number 91-9492 on second reading. (if introduced above)
(c) If Ordinance Number 91-9492 is not introduced, consider authorization
to commence legal action and administrative proceeding under Cable Act.
(d) Other action as required regarding cable television franchise renewal.
Moved by Commissioner Warner, seconded by
Commissioner
Brungardt
that the Board of
Commissioners recess into executive session for 30
minutes to
discuss a matter
deemed subject to the attorney-client privilege,
specifically
legal matters relating to cable TV negotiations, for
the reason that public
discussion at this
time would waive the attorney-client
privilege and adversely
affect the City's
negotiating position in the matter.
Aye: (5) .
Nay: (0) .
Motion adopted.
The Commissioners recessed at 2:16 p.m. and reconvened at 2:46 p.m.
Greg Bengtson, City Attorney, explained that the deadline for the
current tolling agreement between CSI and the City, and the deadline to
initiate administrative proceedings is December 26, 1991. He recommended the
deadline for the tolling agreement and initiating administrative proceedings be
extended to January 10, 1992, to allow more time for negotiations.
Moved by Commissioner Warner, seconded by Commissioner Divine that
the tolling agreement be extended to January 10, 1992, and to re-enter formal
renewal proceedings with CSI relating to Cable TV negotiations and extend the
agreement relating to initiation of formal renewal proceedings to
January 10, 1992. Aye: Beggs, Brungardt, Divine, Warner. (4) . Nay: Ryan.
(1) . Motion adopted.
None
OTHER BUSINESS
91-555
ADJOURNMENT
Moved by Commissioner
the Special Meeting of the Board
Nay: (0) . Motion adopted. The
( SEAL)
ATTEST:
J"a WtA-.)
Jacqueline Shiever, City Clerk
Beggs, seconded by Commissioner Warner that
of Commissioners be adjourned. Aye: (5) .
meeting adjourned at 2:55 p.m.
Stephen C. yan, Mayor
WAIVER AND CONSENT TO HOLD
A SPECIAL MEETING OF THE BOARD OF COMMISSIONERS
We, the undersigned, being duly elected, qualified and acting
City Commissioners of the City of Salina, Kansas, and constituting a
majority of the Board of Commissioners of the City of Salina, Kansas, do
hereby waive notice and consent to the holding of a special meeting of the
Board of Commissioners of the City of Salina, Kansas, on the 30th day of
December, 1991, at 5:30 p.m., for, the purpose of considering the
following:
1. Regular Agenda Items
Dated this 19th day of December, 1991.
Z
Stephen C. Ryan, I Mayor
Carol Beggs, Cyffiossioner
Peter Brungardt, ComiWssioner
hDivine, Commissioner
*phr Warner, Commissioner