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08-19-1991 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS AUGUST 19, 1991 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, August 19, 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 None AWARDS - PROCLAMATIONS None PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing on the vacation of a portion of platted Ash Street and existing street right-of-way. ( Introduce Ordinance Number 91-9461 vacating a portion of platted Ash Street and existing street right-of-way for first reading.) Shawn O'Leary, Assistant City Engineer, explained that by vacating this portion of Ash Street, one large tract of land is formed which the City may offer for sale. A private two inch (2") water line that currently exists on the property will be provided for in the sale of the land. Mayor Ryan declared the public hearing open. There were no comments filed, written or oral, so the Mayor declared the public hearing closed. 91-352 Moved by Commissioner Divine, seconded by Commissioner Brungardt that Ordinance Number 91-9461 providing for the vacation of a portion of platted Ash Street and the existing street right-of-way west of the Dry Creek cut off channel west of Broadway Boulevard in the City of Salina, Saline County, Kansas, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting August 12, 1991. (6.2) Petition Number 4016 was filed by Marlene Leister, to change the name of Etherington Court to Golfview Court. (This petition should be referred to the City Engineer and Planning Department for a report and recommendation . ) (6.3) Set the date of September 17, 1991 to receive bids for Engineering Project 91-841 for Ninth and Cloud Intersection improvements. Commission Action # (6.4) Set the date of September 10, 1991 to receive bids for Fall 1991 Street Marking Project. 91-353 Moved by Commissioner Warner, seconded by Commissioner Beggs 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 Planned Development District Application 91-1, filed by Kenneth Nordboe for the rezoning of Lots 1 through 9, Block 1, Wallerius Addition Number 2 to Planned Development District for Manufactured Homes, be approved. (Introduce Ordinance Number 91-9462 for first reading.) Roy Dudark, Director of Planning and Community Development, explained that the applicant withdrew his original request for Manufactured Home Park and refiled for a Planned Development District. The City Planning Commission recommends approval of the application with certain conditions. Bob Wasko, attorney for the applicant, explained that the conditions set by the City Planning Commission have added cost to the project for the applicant but they are willing to comply. He asked that the application be approved. The Commissioners and staff discussed the various aspects of the rezoning request. 91-354 Moved by Commissioner Brungardt, seconded by Commissioner Beggs that the recommendation of the City Planning Commission be accepted, that Planned Development District Application 91-1 be approved, and that Ordinance Number 91-9462 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 prescribing the proper uses thereof, be introduced for first reading. 91-355 Moved by Commissioner Divine, seconded by Commissioner Brungardt that the motion be amended by adding the condition that hitches be removed from all units. Mayor Ryan called for a vote on Commission Action Number 91-355. Aye: (5) . Nay: (0) . Motion adopted. Mayor Ryan called for a vote on Commission Action Number 91-354. Aye: Beggs, Brungardt , Divine, Warner (4) . Nay: Ryan. (1) . Motion adopted. ADMINISTRATION (8.1) Second Reading Ordinance Number 91-9460, providing for the adoption and appropriation, by fund, of the budget of the City of Salina for the year beginning January 1, 1992; and appropriating money from the various funds to pay payrolls and claims against the City of Salina for the calendar year 1992. 91-356 Moved by Commissioner Warner, seconded by Commissioner Divine that Ordinance Number 91-9460, providing for the adoption and appropriation, by fund, of the budget of the City of Salina for the year beginning January 1, 1992; and appropriating money from the various funds to pay payrolls and claims against the City of Salina for the calendar year 1992, be adopted. Aye: Beggs, Brungardt, Divine, Warner, Ryan. (5) . Nay: (0) . Motion adopted. Commission Action # (8.2) First Reading Ordinance Number 91-9463, amending Section 41-95 of the Salina Code pertaining to corrections and refunds of water bills; and repealing the existing section. Robert K. Biles, Director of Finance and Administration, explained that this ordinance allows staff to adjust bills in situations other than errors in meter readings. 91-357 Moved by Commissioner Beggs, seconded by Commissioner Brungardt that Ordinance Number 91-9463, amending Section 41-95 of the Salina Code _ pertaining to corrections and refunds of water bills; and repealing the existing section, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. (8.3) Resolution Number 91-4357, levying a transient guest tax upon the gross receipts derived from or paid by transient guests for sleeping accommodations within the City of Salina for the promotion of tourism and conventions; and repealing Resolution Number 86-3870. Dennis M. Kissinger, City Manager, explained that this resolution establishes the transient guest tax at 5% effective October 1, 1991. He said staff believes the tax would raise approximately $180,000 in new revenue. $90,000 would be used to reduce the general tax subsidy of the Bicentennial Center, and $90,000 would be used to enhance marketing efforts and facility improvements consistent with the Bicentennial Center Task Force. Jake Hartmetz, General Manager of the Ramada Inn, spoke on behalf of the Salina Motel Association representing the Salina lodging industry. He said the Association is opposed to the 2% increase in the bed tax and feels that it will have a negative impact on their business. Kevin Williams, Manager of the Holiday Inn/Holidome, and Mike Robinson, Manager of Super 8 Motel, also spoke against the increased tax. Commissioner Beggs asked for a breakdown of Transient Guest Tax specific uses by the Chamber of Commerce. Gerald Cook, President of the Salina Area Chamber of Commerce, said he is not prepared today to give a breakdown of how the funds are spent but the information can be provided to the City Commission. The Commissioners and staff discussed the ramifications of the Transient Guest Tax issue and possible options. 91-358 Moved by Commissioner Warner, seconded by Commissioner Brungardt that Resolution Number 91-4357, levying a transient guest tax upon the gross receipts derived from or paid by transient guests for sleeping accommodations within the City of Salina for the promotion of tourism and conventions; and repealing Resolution Number 86-3870, be adopted. Aye: Brungardt, Divine, Warner, Ryan. (4) . Nay: Beggs (1) . Motion adopted. (8.4) Resolution Number 91-4358, authorizing the Mayor to execute and the City Clerk to attest an agreement between the City of Salina, Kansas and Daktronics, Inc., of Brookings, South Dakota, to upgrade the four-sided scoreboard, add a new ticket area message center and change control systems to modernize the system. Phil Chamoff, Interim Bicentennial Center Manager, explained that Daktronics will upgrade the 4 -sided scoreboard and add a new ticket area message center at no cost to the City, as the cost will be paid by advertisers. 91-359 Moved by Commissioner Divine, seconded by Commissioner Brungardt that Resolution Number 91-4358, authorizing the Mayor to execute and the City Clerk to attest an agreement between the City of Salina, Kansas and Daktronics, Inc., of Brookings, South Dakota, to upgrade the four-sided scoreboard, add a new ticket area message center and change control systems to modernize the system, be adopted. Aye: (5) . Nay: (0) . Motion adopted. Commission Action # (8.5) City Engineer reports on the validity of Petition 4015 filed by Robert L. Marietta, for the street and utility improvements on Bentley Drive. City Engineer files a feasibility report on the improvement. Shawn O'Leary, Assistant City Engineer, reported the petition is valid as it was signed by 55% of the property owners in the benefit district. 91-360 Moved by Commissioner Warner, seconded by Commissioner Brungardt that Petition 4015 be approved and that the feasibility report for street improvements in Mayfair Addition be accepted as filed. Aye: (5) . Nay: (0) . Motion adopted. (8.6) Resolution Number 91-4359, determining the advisability of certain curbing, guttering, paving, grading, storm drainage, water main and services, and sanitary sewer improvements, estimating the cost thereof, defining the boundaries of the improvement district, method of assessment, and apportioning the cost between the improvement district and the city -at -large. Don Hoff, City Engineer, reviewed the scope of the improvement project. 91-361 Moved by Commissioner Brungardt, seconded by Commissioner Beggs that Resolution Number 91-4359, determining the advisability of certain curbing, guttering, paving, grading, storm drainage, water main and services, and sanitary sewer improvements, estimating the cost thereof, defining the boundaries of the improvement district, method of assessment, and apportioning the cost between the improvement district and the city -at -large, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.7) Resolution Number 91-4360, authorizing the Mayor to execute and the City Clerk to attest a contract with Rubber Goods, Inc., of Greensburg, Kansas for waste car/truck tire recovery, and repealing Resolution Number 90-4250. Frank Weinhold, Director of General Services, reviewed the laws relating to disposal of tires in landfills and recommended awarding the contract to Rubber Goods, Inc. of Greensburg, Kansas. 91-362 Moved by Commissioner Beggs, seconded by Commissioner Warner that the staff recommendation be accepted and that Resolution Number 91-4360, authorizing the Mayor to execute and the City Clerk to attest a contract with Rubber Goods, Inc., of Greensburg, Kansas for waste car/truck tire recovery, and repealing Resolution Number 90-4250, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.8) Resolution Number 91-4361, authorizing and ordering certain sidewalk improvements on State Street, ordering preparation of plans and specifications and the estimate of cost. Dennis M. Kissinger, City Manager, said there is a valid protest petition on this sidewalk. He said property owners have 20 days after publication of this resolution to protest the improvements. 91-363 Moved by Commissioner Divine, seconded by Commissioner Brungardt that Resolution Number 91-4361, authorizing and ordering certain sidewalk improvements on State Street, ordering preparation of plans and specifications and the estimate of cost, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.9) Resolution Number 91-4362, authorizing and ordering certain sidewalk improvements on Schilling Road, ordering preparation of plans and specifications and the estimate of cost. 91-364 Moved by Commissioner Brungardt, seconded by Commissioner Warner that Resolution Number 91-4362, authorizing and ordering certain sidewalk improvements on Schilling Road, ordering preparation of plans and specifications and the estimate of cost, be adopted. Aye: (5) . Nay: (0) . Motion adopted. Commission Action # (8.10) Resolution Number 91-4363, authorizing and ordering certain sidewalk improvements on Broadway Boulevard, ordering preparation of plans and specifications and the estimate of cost. 91-365 Moved by Commissioner Warner, seconded by Commissioner Beggs that Resolution Number 91-4363, authorizing and ordering certain sidewalk improvements on Broadway Boulevard, ordering preparation of plans and specifications and the estimate of cost, be adopted. Aye: (5) . Nay: (0) . Motion adopted. ( 8.11) Resolution Number 91-4364, authorizing and ordering certain sidewalk improvements on Ohio Street, ordering preparation of plans and specifications and the estimate of cost. 91-366 Moved by Commissioner Brungardt, seconded by Commissioner Beggs that Resolution Number 91-4364, authorizing and ordering certain sidewalk improvements on Ohio Street, ordering preparation of plans and specifications and the estimate of cost, be adopted. Aye: (5) . Nay: (0) . Motion adopted. ( 8.12) Resolution Number 91-4365, authorizing and ordering certain sidewalk improvements on Broadway Boulevard, ordering preparation of plans and specifications and the estimate of cost. F. C. Barnes, Saline County Mounted Patrol and Rescue Squad, asked about the apportionment of cost between the property owners and the City. Dennis M. Kissinger, City Manager, explained that the cost of flat sidewalk is split 50/50 between the property owners and the City at large, and the ramps are paid 100% by the City. 91-367 Moved by Commissioner Divine, seconded by Commissioner Brungardt that Resolution Number 91-4365, authorizing and ordering certain sidewalk improvements on Broadway Boulevard, ordering preparation of plans and specifications and the estimate of cost, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.13) Request for executive session to discuss cable television franchise matter with the City Attorney. ( Estimated time - 45 minutes) No action is anticipated. 91-368 Moved by Commissioner Warner, seconded by Commissioner Brungardt that the Board of Commissioners recess into executive session for 45 minutes for the purpose of discussing with legal counsel matters relating to pending franchise renewal negotiations which are subject to the attorney-client privilege, for the reason that public discussion of those matters would waive the attorney-client privilege and would adversely affect the city's position in the negotiations. Aye: (5) . Nay: (0) . Motion adopted. The Commissioners recessed at 5:45 and reconvened at 6:30 p.m. 91-369 Moved by Commissioner Warner, seconded by Commissioner Brungardt that the Commission recess into executive session for 15 minutes for the purpose of discussing with legal counsel matters relating to pending franchise renewal negotiations which are subject to the attorney-client privilege, for the reason that public discussion of those matters would waive the attorney-client privilege and would adversely affect the city's position in the negotiations. Aye: (5) . Nay: (0) . Motion adopted. The Commission recessed at 6:32 p.m. and reconvened at 6:51 p.m. The Commissioners took no action. OTHER BUSINESS None Commission Action # ADJOURNMENT 91-370 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 6:54 p.m. I Stephen C. an, Mayor (SEAL) ATTEST: "-L,� M..�.. Sue - "J C ., Jacquel ne Shiever, City Clerk