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10-28-1991 MinutesWin- --- - - ----- Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS OCTOBER 28, 1991 4:00 p.m. 91-452 The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, October 28, 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 Stephanie Krug, Deputy City Clerk None With the consent of the Commission, Mayor Ryan requested that two items (9.1 and 9.2) be added to the agenda for consideration as items 8.7 and 8.8. CITIZEN FORUM Dan Eyler, 1700 Pershing, invited the Commissioners to attend a "town hall" meeting sponsored by the Central Kansas Taxpayers Association. Commissioner Warner asked Greg Bengtson, City Attorney, for an opinion regarding the Commissioners attending a meeting of this type. Ernest Cole, 153 S. Front, said the meeting is open to the public and is advertised as such. AWARDS - PROCLAMATIONS None PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting October 21, 1991. Moved by Commissioner Brungardt, seconded by Commissioner Divine that the Consent Agenda item be approved. Aye: (5) . Nay: (0) . Motion adopted. None DEVELOPMENT BUSINESS 91-453 ji 91-454 ADMINISTRATION (8.1) Second Reading Ordinance Number 91-9470, providing for the vacation of a certain utility easement adjacent to Lots 14 and 15, Block 6, Meyer Addition to the City of Salina, Saline County, Kansas. Moved by Commissioner Beggs, seconded by Commissioner Warner that Ordinance Number 91-9470, providing for the vacation of a certain utility easement adjacent to Lots 14 and 15, Block 6, Meyer Addition to the City of Salina, Saline County, Kansas, be adopted. Aye: Beggs, Brungardt, Divine, Warner, Ryan. (5) . Nay: (0) . Motion adopted. (8.2) Second Reading Ordinance Number 91-9471, amending Sections 2-200, 2-2049 2-205, 2-206 of the Salina Code pertaining to the Design Review Board of the Salina Business Improvement District Number One; and repealing the existing sections. Moved by Commissioner Warner, seconded by Commissioner Divine that Ordinance Number 91-9471, amending Sections 2-200, 2-204, 2-205, 2-206 of the Salina Code pertaining to the Design Review Board of the Salina Business Improvement District Number One; and repealing the existing sections, be adopted. Aye: Beggs, Brungardt, Divine, Warner, Ryan. (5) . Nay: (0) . Motion adopted. (8.3) First Reading Ordinance Number 91-9472, levying the annual Business Improvement District service fees for 1992 applicable to all businesses located within the Salina Business Improvement District Number 1; and repealing Ordinance Number 90-9415. Judy Ewalt, Coordinator of Salina Downtown, Inc., introduced Chris Hoffman, Chairman of the Assessment Committee, Troy Webb and Mike Catlin, members of the Assessment Committee. Mr. Hoffman said the committee recommends an increase in the assessments for vacant buildings to the same level as occupied buildings. He said the maximum level of assessments was raised approximately 10%. The Commissioners asked that all businesses in the improvement district be made aware of the new assessments. 91-455 Moved by Commissioner Divine, seconded by Commissioner Brungardt that Ordinance Number 91-9472, levying the annual Business Improvement District service fees for 1992 applicable to all businesses located within the Salina Business Improvement District Number 1; and repealing Ordinance Number 90-9415, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. 91-456 (8.4) Consideration of Salina Airport Authority RB -47 aircraft report. Dennis M. Kissinger, City Manager, reviewed the report. He said March 31, 1992 has been set as the deadline for a non-profit group to assume responsibility for maintenance of the aircraft. Moved by Commissioner Warner, seconded by Commissioner Divine that the report on the RB -47 aircraft be accepted, that its recommendations be adopted and that City staff be directed to implement the recommendations. Aye: (5) . Nay: (0) . Motion adopted. (8.5) Reaffirm Statement of Management Values. Dennis M. Kissinger, City Manager, said that the current Statement of Management Values was adopted in April 1986 and because many of today's management personnel are new, they thought it important to renew the commitments outlined in the statement. 91-457 ! Moved by Commissioner Divine, seconded by Commissioner Warner that the renewed staff commitment as outlined in the Statement of Management Values �' be recognized and endorsed. Aye: (5) . Nay: (0) . Motion adopted. Actio# # i (8.6) Resolution Number 91-4394, authorizing the installation of a j mid -block, pedestrian actuated, signal system and pedestrian crosswalk in theI 400 Block of South Santa Fe Avenue. Don Hoff, Director of Utilities, reported that Asbury -Salina Regional Medical Center will be responsible for 100% of the cost of installation of this crosswalk and the City will accept maintenance for the signal system. He said the temporary crosswalk will be removed upon completion of the new crosswalk. Dan Eyler, 1700 Pershing, said he is a former Asbury Hospital employee and is in favor of a safer, permanent crosswalk for the employees. 91-458 Moved by Commissioner Brungardt, seconded by Commissioner Beggs that Resolution Number 91-4394, authorizing the installation of a mid -block, pedestrian actuated, signal system and pedestrian crosswalk in the 400 block of South Santa Fe Avenue, be adopted. Aye: (5). Nay: (0). Motion adopted. (8.7) Consideration of request from Saline County Rural Water District #3 to allow water service to a customer on a tract of less than twenty acres. Dennis M. Kissinger, City Manager, reviewed the request. 91-459 Moved by Commissioner Warner, seconded by Commissioner Brungardt that the request from Saline County Rural Water District #3 to allow water service to a customer on a tract of less than twenty acres, be approved. Aye: (5) . Nay: (0) . Motion adopted. (8.8) Authorize the Mayor to execute Change Order No. 1 in the amount of $33,800 to the contract for Maguire Iron, Inc. to paint 5 elevated water tanks. Don Hoff, Director of Utilities, reported that during the sandblasting and cleaning of the Wyatt Tower, a number of defects were identified that need corrective action. The defects were not anticipated in the original contract. The Commissioners and staff discussed the life expectancy of the Wyatt Tower. 91-460 !i Moved by Commissioner Beggs, seconded by Commissioner Brungardt , that the Mayor be authorized to execute Change Order No. 1 to the contract for Maguire Iron, Inc., in the amount of $33,800. Aye: (5) . Nay: (0) . Motion adopted. (8.9) Request for Executive Session under the attorney-client privilege. (Cable TV Issue) . (Possible action following) . 91-461 Moved by Commissioner Divine, seconded by Commissioner Warner that the City Commission recess into executive session for 20 minutes for the purpose of discussing a matter deemed subject to the attorney/client privilege; specifically, legal matters related to cable TV negotiations, for the reason j that public discussion at this time would waive the attorney/client privilege and would adversely affect the City's negotiating position in the matter. Aye: (5) . Nay: (0) . Motion adopted. The Commission recessed at 4:46 p.m. and reconvened at 5:06 p.m. Greg Bengtson, City Attorney, recommended that the City enter into a tolling agreement related to possible claims against CSI/TCI. 91-462 I'I Moved by Commissioner Divine, seconded by Commissioner Brungardt that the Mayor be authorized to execute a tolling agreement with CSI/Tele-Communications Inc. (CSI/TCI) . Aye: (5) . Nay: (0) . Motion i` adopted. 91-463 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. Meeting adjourned at 5:12 p.m. Stephen C. Ryan, Mayor ( SEAL) ATTEST: S1� i w c1L, Jacvu a Shiever, City Clerk