11-18-1991 MinutesActio,► #
li CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
NOVEMBER 183% 1991
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, November 18, 1991, 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
Ronald Williams, 149 Seitz Drive, voiced his concern about taxes and
an anticipated revenue shortfall in 1993. He said his property value has
remained the same, but the mill levy keeps going up.
Dan Eyler, 1700 Pershing, asked if the City gets an audit from the
Chamber of Commerce on how the transient guest tax revenue is spent. Dennis
M. Kissinger, City Manager, told Mr. Eyler he could request an audit from the
Chamber.
AWARDS - PROCLAMATIONS
The Mayor proclaimed Sunday, November 17, 1991 as "First United
Methodist Church Day". The Mayor read the proclamation on Sunday,
November 17, 1991, honoring the 75th anniversary of First United Methodist
Church.
(4.1) The Mayor proclaimed the Week of November 17 through 23, 1991 as
"AMERICAN EDUCATION WEEK." The proclamation was read by Dottie Wallace,
President of NEA, Salina.
(4.2) The Mayor proclaimed the Week of November 24 through 30, 1991 as
"WOMEN'S INTERNATIONAL BOWLING WEEK." The proclamation was read by
Anna Marie Moser, Publicity Chairman of Salina Women's Bowling Association.
Ms. Moser introduced Bonnie Hodson, Vice President of the International
Women's Bowling Association, who presented calendars to the Commissioners.
(4.3) Trees were presented to the City of Salina by Salina Downtown, Inc.
Judy Ewalt, Coordinator of Salina Downtown, Inc., introduced Warren DeBey
who presented 14 live Austrian pine trees to be planted in city parks after the
Christmas season.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Continuation of the Public Hearing of November 4, 1991, for vacation
of a portion of a storm water detention easement and utility easement in Block
1, Wallerius Addition Number 2, requested in Petition 4322, filed by
Southwestern Mobile Homes.
( Continue the Public Hearing to November 25, 1991)
Mayor Ryan reconvened the public hearing.
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(5.2a) Resolution Number 91-4397, a resolution of the City of Salina,
Kansas determining the advisability and approving the issuance by the
City of Wichita, Kansas, of its CSJ Health System of Wichita, Inc. Revenue
Bonds, pursuant to an interlocal cooperation agreement between the City
of Salina, Kansas and the City of Wichita, Kansas, the proceeds of which
will be used in part to finance the construction and equipping of certain
additions, modifications and improvements to the St. John's Hospital of
Salina, Kansas, located in the City of Salina, Kansas.
Commissioner Warner stated that he would abstain from the discussion
and vote on this matter.
Greg Bengtson, City Attorney, introduced Phil Lacey of Gilmore and
I' Bell who is special counsel for the City of Wichita and the City of Salina on
this bond issue.
Mr. Lacey said approximately $4,950,000 of the $70,000,000 has been
or will be spent on St. John's Hospital in Salina. Mr. Lacey introduced Jerry
Cronin, Associate Administrator of St. John's Hospital.
Mayor Ryan declared the public hearing open.
Randall Holm, 848 Custer, asked how this would affect property taxes.
Dennis M. Kissinger, City Manager, said the hospital is tax-exempt
and property taxes would not be affected.
There were no other comments, so the Mayor declared the public
hearing closed.
91-479 Moved by Commissioner Divine, seconded by Commissioner Beggs that
Resolution Number 91-4397, a resolution of the City of Salina, Kansas
determining the advisability and approving the issuance by the City of Wichita,
Kansas, of its CSJ Health System of Wichita, Inc. Revenue Bonds, pursuant to
an interlocal cooperation agreement between the City of Salina, Kansas and the
City of Wichita, Kansas, the proceeds of which will be used in part to finance
the construction and equipping of certain additions, modifications and
improvements to the St. John's Hospital of Salina, Kansas, located in the City
of Salina, Kansas, be adopted. Aye: (4) . Nay: (0) . Commissioner Warner
abstained. Motion adopted.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting November 4, 1991.
91-480 Moved by Commissioner Brungardt, seconded by Commissioner Divine
that the consent agenda item be approved. Aye: (5) . Nay: (0) . Motion
adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission that Zoning
Application 91-7, filed by Ron Bach, for the rezoning of the East 58' of Lot 5,
Block 1, Cloverdale Addition to District I-2, Light Industrial District, be
j approved. (Introduce Ordinance Number 91-9477 for first reading.)
Roy Dudark, Director of Planning and Community Development,
'reviewed the zoning application and recommendation of the City Planning
i
Commission.
Actio#i
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There were no comments filed, written or
oral.
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91-478
Moved b Commissioner Warner
Y � seconded
by Commissioner Brun rdt
that
the Public Hearing for the vacation of a
portion of
a storm water
detention
easement and utility easement in Block 1,
Wallerius
Addition Number
2, be
continued to November 25, 1991. Aye: (5) .
Nay: (0) .
Motion adopted.
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(5.2)
Public Hearing on the possible issuance
of Hospital
Revenue Bonds
I
for CSJ
Health System of Wichita, Inc.
(5.2a) Resolution Number 91-4397, a resolution of the City of Salina,
Kansas determining the advisability and approving the issuance by the
City of Wichita, Kansas, of its CSJ Health System of Wichita, Inc. Revenue
Bonds, pursuant to an interlocal cooperation agreement between the City
of Salina, Kansas and the City of Wichita, Kansas, the proceeds of which
will be used in part to finance the construction and equipping of certain
additions, modifications and improvements to the St. John's Hospital of
Salina, Kansas, located in the City of Salina, Kansas.
Commissioner Warner stated that he would abstain from the discussion
and vote on this matter.
Greg Bengtson, City Attorney, introduced Phil Lacey of Gilmore and
I' Bell who is special counsel for the City of Wichita and the City of Salina on
this bond issue.
Mr. Lacey said approximately $4,950,000 of the $70,000,000 has been
or will be spent on St. John's Hospital in Salina. Mr. Lacey introduced Jerry
Cronin, Associate Administrator of St. John's Hospital.
Mayor Ryan declared the public hearing open.
Randall Holm, 848 Custer, asked how this would affect property taxes.
Dennis M. Kissinger, City Manager, said the hospital is tax-exempt
and property taxes would not be affected.
There were no other comments, so the Mayor declared the public
hearing closed.
91-479 Moved by Commissioner Divine, seconded by Commissioner Beggs that
Resolution Number 91-4397, a resolution of the City of Salina, Kansas
determining the advisability and approving the issuance by the City of Wichita,
Kansas, of its CSJ Health System of Wichita, Inc. Revenue Bonds, pursuant to
an interlocal cooperation agreement between the City of Salina, Kansas and the
City of Wichita, Kansas, the proceeds of which will be used in part to finance
the construction and equipping of certain additions, modifications and
improvements to the St. John's Hospital of Salina, Kansas, located in the City
of Salina, Kansas, be adopted. Aye: (4) . Nay: (0) . Commissioner Warner
abstained. Motion adopted.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting November 4, 1991.
91-480 Moved by Commissioner Brungardt, seconded by Commissioner Divine
that the consent agenda item be approved. Aye: (5) . Nay: (0) . Motion
adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission that Zoning
Application 91-7, filed by Ron Bach, for the rezoning of the East 58' of Lot 5,
Block 1, Cloverdale Addition to District I-2, Light Industrial District, be
j approved. (Introduce Ordinance Number 91-9477 for first reading.)
Roy Dudark, Director of Planning and Community Development,
'reviewed the zoning application and recommendation of the City Planning
i
Commission.
Actio} #
Randall Holm, representing Ron Bach, was available for questions.
91-481 Moved by Commissioner Brungardt, seconded by Commissioner Warner
that the recommendation from the City Planning Commission be accepted, that
Zoning Application 91-7 be approved and that Ordinance Number 91-9477,
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
Il prescribing the proper uses thereof, be introduced for first reading. Aye:
(5) . Nay: (0) . Motion adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 91-9473, providing for the vacation
of a portion of a certain existing 10' utility easement in Lot 8, Block 4,
it Replat of Schippel Addition, Blocks 4 and 5 and part of 3 of the City of
Salina, Saline County, Kansas.
91-482 ii Moved by Commissioner Beggs, seconded by Commissioner Brungardt
that Ordinance Number 91-9473, providing for the vacation of a portion of a
certain existing 10' utility easement in Lot 8, Block 4, Replat of Schippel
Addition, Blocks 4 and 5 and part of 3 of the City of Salina, Saline County,
Kansas, be adopted. Aye: Beggs, Brungardt, Divine, Warner, Ryan. (5) .
Nay: (0) . Motion adopted.
(8.2) Second Reading OrdinanceNumber 91-9474, providing
for the vacation
!!, of a certain 15' north -south alley right-of-way between Ninth Street and
Highland Avenue from the north line of Kirwin Avenue to the south line of the
intersecting east -west alley, in the Grounds of Kansas Wesleyan University
Addition to the City of Salina, Saline County, Kansas.
91-483 Moved by Commissioner Warner, seconded by Commissioner Divine that
Ordinance Number 91-9474, providing for the vacation of a certain 15'
north -south alley right-of-way between Ninth Street and Highland Avenue from
the north line of Kirwin Avenue to the south line of the intersecting east -west
alley, in the Grounds of Kansas Wesleyan University Addition to the City of
Salina, Saline County, Kansas, be adopted. Aye: Beggs, Brungardt, Divine,
Warner, Ryan. (5) . Nay: (0) . Motion adopted.
91-484
(8.3) Second Reading Ordinance Number 91-9475, providing
for the
amendment of Chapter 25 of the
Salina Code pertaining
to offenses in
general;
anticipatory offenses; offenses
against persons; sex offenses;
offenses
affecting children; offenses against
property; offenses
affecting governmental
functions; offenses against the
public peace; offenses
against public
safety;
offenses against public morals;
and penalties; and
repealing the
existing
chapter.
Greg Bengtson, City Attorney, said that since the ordinance was
introduced for first reading, the section regarding barbed wire and the section
regarding prohibition against dumping into the sewer system were deleted.
The Commissioners and staff discussed the ramifications of the
ordinance.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Ordinance Number 91-9475, providing for the amendment of Chapter 25 of the
Salina Code pertaining to offenses in general; anticipatory offenses; offenses
against persons; sex offenses; offenses affecting children; offenses against
property; offenses affecting governmental functions; offenses against the
public peace; offenses against public safety; offenses against public morals;
and penalties; and repealing the existing chapter, be adopted as amended.
Aye: Beggs, Brungardt, Divine, Warner, Ryan. (5) . Nay: (0) . Motion
adopted.
(8.4) Second Reading Ordinance Number 91-9476, amending Section 5-123 of
the Salina Code pertaining to the hours of operation for clubs and drinking
establishments, and repealing the existing section.
Actio# #
91-485 1, Moved by Commissioner Brungardt, seconded by Commissioner Warner
that Ordinance Number 91-9476, amending Section 5-123 of the Salina Code
pertaining to the hours of operation for clubs and drinking establishments, and
repealing the existing section, be adopted. Aye: Beggs, Brungardt, Divine,
Warner, Ryan. (5) . Nay: (0) . Motion adopted.
II (8.5) First Reading Ordinance Number 91-9478, amending Section 7-139 of
the Salina Code providing for the procedure and fees for recovery of animals
from the animal shelter, and repealing the existing section.
91-486 Moved by Commissioner Warner, seconded by Commissioner Brungardt
that Ordinance Number 91-9478, amending Section 7-139 of the Salina Code
providing for the procedure and fees for recovery of animals from the animal
shelter, and repealing the existing section, be introduced for first reading.
Aye: (5) . Nay: (0) . Motion adopted.
(8.6) First Reading Ordinance Number 91-9479, amending Section 39-113 of
the Salina Code pertaining to the bond required for licensed tree trimmers, and
repealing the existing section.
91-487Moved by Commissioner Brungardt, seconded by Commissioner Divine
that Ordinance Number 91-947 9 amendin Section 39-113 of the Salina Code
VIII'
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pertaining to the bond required for licensed tree trimmers, and repealing the
existing section, be introduced for first reading. Aye: (5) . Nay: (0) .
Motion adopted.
(8.7) Resolution Number 91-4398, authorizing and directing the issuance of
municipal temporary notes of the City of Salina, Kansas, in an aggregate
principal amount not to exceed $2,940,000, for the purpose of providing funds
to pay the cost of construction of Crawford Street Improvements, Phase III,
from Montrose Street to Ohio Street, all in said City. ( Series PT -106 master
resolution) .
Robert K. Biles, Director of Finance and Administration, explained
that this master Resolution allows for the issuance of a series of temporary
notes to finance the project.
91-488 Moved by Commissioner Divine, seconded by Commissioner Warner that
Resolution Number 91-4398, authorizing and directing the issuance of municipal
temporary notes of the City of Salina, Kansas, in an aggregate principal amount
not to exceed $2,940,000, for the purpose of providing funds to pay the cost
of construction of Crawford Street Improvements, Phase III, from Montrose
Street to Ohio Street, all in said City, be adopted. Aye: (5) . Nay: (0) .
Motion adopted.
91-489
(8.8) Resolution Number 91-4399, authorizing and directing the issuance of
Temporary Note #1, Series PT -106 of the City of Salina, Kansas, in the amount
of $202,000, for the purpose of providing funds to pay a portion of the cost of
construction of Crawford Street Improvements, Phase III, from Montrose Street
to Ohio Street, all in said City. (Series PT -106 - Temporary Note #1).
Robert K. Biles, Director of Finance and Administration, reviewed the
bids received.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Resolution Number 91-4399, authorizing and directing the issuance of Temporary
Note #1, Series PT -106 of the City of Salina, Kansas, in the amount of
$202,000, for the purpose of providing funds to pay a portion the cost of
construction of Crawford Street Improvements, Phase III, from Montrose Street
to Ohio Street, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.9) Resolution Number 91-4400, authorizing and directing the issuance of
Municipal Temporary Note, Series PT -107 of the City of Salina, Kansas, in an
aggregate principal amount of $255,000, for the purpose of providing funds to
pay the cost of construction of improvements to the Ninth Street and Belmont
Boulevard intersection and the Ninth Street and Cloud Street intersection, all
in said City. ( Series PT -107 - Temporary Note #1).
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91-490 Moved by Commissioner Warner, seconded by Commissioner Brungardt
that Resolution Number 91-4400, authorizing and directing the issuance of
Municipal Temporary Note, Series PT -107 of the City of Salina, Kansas, in an
aggregate principal amount of $255,000, for the purpose of providing funds to
pay the cost of construction of improvements to the Ninth Street and Belmont
Boulevard intersection and the Ninth Street and Cloud Street intersection, all
in said City, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.10) Resolution Number 91-4401, authorizing and directing the issuance of
Municipal Temporary Note #1, Series PT -108 of the City of Salina, Kansas, in
the amount of $110,000, for the purpose of providing funds to pay the cost of
!I construction of street and utility improvements, in King, Meyer and Mayfair
additions and the construction of certain connecting links, all in said City.
( Engineering Project 91-836) ( Series PT -108 - Temporary Note #1).
91-491 Moved by Commissioner Brungardt, seconded by Commissioner Divine
that Resolution Number 91-4401, authorizing and directing the issuance of
Municipal Temporary Note #1, Series PT -108 of the City of Salina, Kansas, in
the amount of $110,000, for the purpose of providing funds to pay the cost of
construction of street and utility improvements, in King, Meyer and Mayfair
additions and the construction of certain connecting links, all in said City,
be adopted. Aye: (5) . Nay: (0) . Motion adopted.
( 8.11) Resolution Number 91-4402, authorizing and directing the issuance of
Municipal Temporary Note #1, Series PT -109, of the City of Salina, Kansas, in
the amount of $40,000, for the purpose of providing funds to pay a portion of
the cost of the construction of certain sidewalk improvements in various
locations in said City.
91-492 !
Moved by Commissioner Beggs, seconded by Commissioner Brungardt
that Resolution Number 91-4402, authorizing and
directing the issuance of
Municipal Temporary Note #1, Series PT -109, of the
City of Salina, Kansas, in
the amount of $40,000, for the purpose of providing
funds to pay a portion of
the cost of the construction of certain sidewalk
improvements in various
locations in said City, be adopted. Aye: (5) . Nay:
(0) . Motion adopted.
( 8.12) Resolution Number 91-4403, authorizing the Mayor to execute and the
City Clerk to attest a contract for construction
engineering services with
Bucher, Willis and Ratliff Engineers and the
Kansas Department of
Transportation for Crawford Street Improvements,
Phase III, from Montrose
Street to Ohio Street, Project 85 U-0896-01.
Shawn O'Leary, Assistant City Engineer,
reviewed the project. He
said the Kansas Department of Transportation has
control of the project and
anticipates a construction schedule of March 1, 1992 through November 1, 1992.
The Commissioners and staff discussed the project and the need to
amend the Resolution to reflect the 75/25 split on total project cost.
91-493 Moved by Commissioner Warner, seconded by Commissioner Brungardt
that Resolution Number 91-4403, authorizing the Mayor to execute and the City
Clerk to attest a contract for construction engineering services with Bucher,
Willis and Ratliff Engineers and the Kansas Department of Transportation for
Crawford Street Improvements, Phase III, from Montrose Street to Ohio Street,
Project 85 U-0896-01, in an amount not to exceed $49,160, be adopted. Aye:
(5) . Nay: (0) . Motion adopted.
(8.13) City Engineer reports on bids received November 12, 1991, for
Engineering Project 91-841, Ninth Street and Cloud Street Intersection
Improvements. (Award the contract to Wilbur Construction Company, in the
amount of $39,842.25.)
Shawn O'Leary, Assistant City Engineer, reported on the bids
received and recommended awarding the contract to Wilbur Construction
Company in the amount of $39,842.25. He said staff will be taking separate
quotes for the signalization improvements.
Ron Williams, 149 Seitz Drive, asked why the signals at this
intersection are being replaced as new ones were recently installed.
Mr. O'Leary stated that the project is for the installation of larger
mast arms to accommodate the wider intersection.
91-494 Moved by Commissioner Divine, seconded by Commissioner Beggs that
the recommendation of staff be accepted and that the contract for Engineering
Project 91-841, be awarded to Wilbur Construction Company in the amount of
$39,842.25. Aye: (5). Nay: (0). Motion adopted.
91-495
91-496
91-497
(8.14) City Engineer reports on bids received November 12, 1991, for
Engineering Project 91-844, Manhole Regrading project. (Award the Contract to
Wilson Constructors, Inc. in the amount of $17,960.00.)
Shawn O'Leary, Assistant City Engineer, reported that 2 bids were
" received and recommended awarding the contract to Wilson Constructors, Inc.
in the amount of $17,960.
Moved by Commissioner Brungardt, seconded by Commissioner Divine
that the recommendation of staff be accepted and that the contract for
Engineering Project 91-844, be awarded to Wilson Constructors, Inc . , in the
amount of $17,960.00. Aye: (5) . Nay: (0) . Motion adopted.
Commissioner Warner asked for a running account of the $600,000
Special Gas Tax fund.
( 8.15) Consideration of 1992 Special Alcohol Fund Allocation to Citizens
Coalition on Drug and Alcohol Abuse.
Robert K. Biles, Director of Finance and Administration, reviewed the
Commissioners' options.
Kay Rickard, Project Director of Citizen's Coalition on Drug and
Alcohol Abuse was present to answer questions.
The Commissioners and staff discussed funding the Citizens Coalition.
Moved by Commissioner Divine, seconded by Commissioner Warner that
the 1992 allocation of Special Alcohol funds be denied to the Citizens
Coalition and that the funds be put into a reserve fund until the Commissioners
can determine how best to use the funds. Aye: (5) . Nay: (0) . Motion
adopted.
(8.16) Executive Session (to discuss litigation matters with the City
Attorney) .
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the City Commission recess into executive session for 30 minutes to discuss two
matters deemed subject to the attorney-client privilege, specifically two
matters involving the Salina Police Department, including newly filed
litigation against two Salina police officers and a matter subject to potential
litigation, for the reason that public discussion of these two items would
waive the attorney-client privilege and adversely affect the City's position in
these matters. Aye: (5) . Nay: (0) . Motion adopted.
The Commissioners recessed at 5:25 p.m. and reconvened at 5:55 p.m.
The Commissioners took no action.
None
OTHER BUSINESS
ADJOURNMENT
91-498 Moved by Commissioner Beggs, seconded by Commissioner Warner that
II the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5).
-
Nay: (0) . Motion adopted. Meeting adjourned at 5:56 p.m.
Stephen C . R Mayor
( SEAL)
�ATTEST:
Jacque ' e Shiever, City Clerk
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