07-15-1991 Minutes91-286
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JULY 15, 1991
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, July 15, 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:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Jacqueline Shiever, City Clerk
Absent:
None
None
None
CITIZEN FORUM
AWARDS - PROCLAMATIONS
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
Mayor Ryan announced that because of technical errors in the
publication of the 5 notices of public hearing, the City Commission will hear
comments from the property owners and then defeat the resolutions on today's
agenda. The new date for public hearing will be July 29, 1991.
Charlie Heath, Jr. said he owns the Hudson Building on Broadway
which already has a sidewalk. He asked if the existing sidewalk is going to
be torn out and replaced.
Dennis M. Kissinger, City Manager, explained that the public
hearing will be rescheduled to July 29, 1991, and that staff will be available
to discuss the sidewalk issue with any property owner until that time.
(5.1) Public Hearing on sidewalk improvements required by Resolution
91-4314 for sidewalks on State Street.
(5. la) Petition Number 4012 filed by Lilly Metro protesting the
installation of sidewalk on State Street from Clark to College.
(5.1b) Resolution Number 91-4325, determining the advisability of
sidewalk improvements on State Street, 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.
Moved by Commissioner Divine, seconded by Commissioner Beggs
that Resolution Number 91-4325, determining the advisability of sidewalk
improvements on State Street, 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 defeated. Aye: (5) . Nay: (0) . Motion adopted.
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(5.2) Public Hearing on sidewalk improvements required by Resolution
91-4315 for sidewalks on Schilling Road.
(5.2a) Resolution Number 91-4326, determining the advisability of
sidewalk improvements on Schilling Road, 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.
Moved by Commissioner
that Resolution Number 91-4326,
improvements on Schilling Road,
boundaries of the improvement
apportioning the cost between the
be defeated. Aye: (5). Nay: (0).
Beggs, seconded by Commissioner Warner
determining the advisability of sidewalk
estimating the cost thereof, defining the
district, method of assessment, and
improvement district and the city -at -large,
Motion adopted.
(5.3) Public Hearing on sidewalk improvements required by Resolution
Number 91-4316 for sidewalks on Broadway Boulevard.
(5.3a) Resolution Number 91-4327, determining the advisability of
sidewalk improvements on Broadway Boulevard, 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.
Moved by Commissioner Warner, seconded by Commissioner
Brungardt that Resolution Number 91-4327, determining the advisability of
sidewalk improvements on Broadway Boulevard, 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 defeated. Aye: (5) . Nay: (0) . Motion adopted.
(5.4) Public Hearing on sidewalk improvements required by Resolution
91-4317 for sidewalks on Ohio Street.
(5.4a) Resolution Number 91-4328, determining the advisability of
sidewalk improvements on Ohio Street, 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.
Moved by Commissioner Brungardt, seconded by Commissioner Divine
that Resolution Number 91-4328, determining the advisability of sidewalk
improvements on Ohio Street, 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 defeated. Aye: (5) . Nay: (0) . Motion adopted.
(5.5) Public Hearing on sidewalk improvements required by Resolution
91-4318 for sidewalks on Broadway Boulevard.
(5.5a) Resolution Number 91-4329, determining the advisability of
sidewalk improvements on Broadway Boulevard, 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.
Moved by Commissioner Divine, seconded by Commissioner Beggs
that Resolution Number 91-4329, determining the advisability of sidewalk
improvements on Broadway Boulevard, 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 defeated. Aye: (5) . Nay: (0) . Motion adopted.
Moved by Commissioner Warner, seconded by Commissioner Beggs
that Resolution Numbers 91-4338 to 91-4342 be added to the agenda for
consideration. Aye: (5) . Nay: (0) . Motion adopted.
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Resolution Number 91-4338, directing and ordering a public hearing
on the advisability of certain sidewalk improvements on State Street and
giving notice of such hearing.
Moved by Commissioner Divine, seconded by Commissioner Warner
that Resolution Number 91-4338, directing and ordering a public hearing on
the advisability of certain sidewalk improvements on State Street and giving
notice of such hearing, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
Resolution Number 91-4339, directing and ordering a public hearing
on the advisability of certain sidewalk improvements on Schilling Road and
giving notice of such hearing.
Moved by Commissioner Brungardt, seconded by Commissioner Divine
that Resolution Number 91-4339, directing and ordering a public hearing on
the advisability of certain sidewalk improvements on Schilling Road and giving
notice of such hearing, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
Resolution Number 91-4340, directing and ordering a public hearing
on the advisability of certain sidewalk improvements on Broadway Boulevard
and giving notice of such hearing.
Moved by Commissioner Warner, seconded by Commissioner Beggs
that Resolution Number 91-4340, directing and ordering a public hearing on
the advisability of certain sidewalk improvements on Broadway Boulevard and
giving notice of such hearing, be adopted. Aye: (5) . Nay: (0) . Motion
adopted.
Resolution Number 91-4341, directing and ordering a public hearing
on the advisability of certain sidewalk improvements on Ohio Street and giving
notice of such hearing.
Moved by Commissioner Divine, seconded by Commissioner Beggs
that Resolution Number 91-4341, directing and ordering a public hearing on
the advisability of certain sidewalk improvements on Ohio Street and giving
notice of such hearing, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
Resolution Number 91-4342, directing and ordering a public hearing
on the advisability of certain sidewalk improvements on Broadway Boulevard
and giving notice of such hearing.
Moved by Commissioner Beggs, seconded by Commissioner Warner
that Resolution Number 91-4342, directing and ordering a public hearing on
the advisability of certain sidewalk improvements on Broadway Boulevard and
giving notice of such hearing, be adopted. Aye: (5) . Nay: (0) . Motion
adopted.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting July 8, 1991.
(6.2) Set the date of August 6, 1991 to receive bids on Engineering
Project 91-837 for curb and gutter and concrete repair.
Moved by Commissioner Divine, seconded by Commissioner Brungardt
that all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) .
Motion adopted.
k4wml
DEVELOPMENT BUSINESS
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ADMINISTRATION
(8.1) Second Reading Ordinance Number 91-9454, authorizing and directing
the issuance, sale and delivery of $1,417,000 principal amount of General
Obligation Internal Improvement Bonds, Series P-238, of the City of Salina,
Kansas, for the purpose of providing funds to pay the cost of the
construction of certain street, storm drainage, water and sanitary sewer
improvements in the City; prescribing the form and details of said bonds;
providing for the levy and collection of the necessary taxes for the purpose
of paying the principal of and interest on said bonds as they become due;
authorizing an agreement between the City and the bond registrar; approving
the preliminary and final official statements and redeeming outstanding
temporary notes.
Moved by Commissioner Beggs, seconded by Commissioner Warner
that Ordinance Number 91-9454, authorizing and directing the issuance, sale
and delivery of $1,417,000 principal amount of General Obligation Internal
Improvement Bonds, Series P-238, of the City of Salina, Kansas, for the
purpose of providing funds to pay the cost of the construction of certain
street, storm drainage, water and sanitary sewer improvements in the City;
prescribing the form and details of said bonds; providing for the levy and
collection of the necessary taxes for the purpose of paying the principal of
and interest on said bonds as they become due; authorizing an agreement
between the City and the bond registrar; approving the preliminary and final
official statements and redeeming outstanding temporary notes, be adopted.
Aye: Beggs, Brungardt, Divine, Warner, Ryan. (5) . Nay: (0) . Motion
adopted.
(8.2) First Reading Ordinance Number 91-9455, ordering the condemnation
and acquisition of certain right-of-way, permanent easement and temporary
construction easement for the use of the City of Salina, Kansas, for the
purposes of constructing, installing, repairing, replacing and maintaining
public street, public utilities, public sidewalk and street signage, in
perpetuity, in conjunction with Phase III (Montrose Street to Ohio Street) of
the Crawford Street Improvement Project, pursuant to K.S.A. Chapter 26, and
amendments thereto, as it relates to condemnation by cities, and further
pursuant to Resolution Number 91-4323 of the City of Salina, Kansas.
Greg Bengtson, City Attorney, said that negotiations continue on six
tracts of right-of-way or temporary construction easements which remain to be
acquired.
Moved by Commissioner Brungardt, seconded by Commissioner Beggs
that Ordinance Number 91-9455, ordering the condemnation and acquisition of
certain right-of-way, permanent easement and temporary construction easement
for the use of the City of Salina, Kansas, for the purposes of constructing,
installing, repairing, replacing and maintaining public street, public
utilities, public sidewalk and street signage, in perpetuity, in conjunction
with Phase III (Montrose Street to Ohio Street) of the Crawford Street
Improvement Project, pursuant to K.S.A. Chapter 26, and amendments
thereto, as it relates to condemnation by cities, and further pursuant to
Resolution Number 91-4323 of the City of Salina, Kansas, be introduced for
first reading. Aye: (5) . Nay: (0) . Motion adopted.
(8.3) Resolution Number 91-4330, requesting that property in the City of
Salina be designated as an enterprise zone as authorized by K.S.A. 12-1,109;
and repealing Resolution Number 89-4127.
Roy Dudark, Director of Planning and Community Development,
explained that this resolution amends the current Enterprise Zone by adding
two tracts of land. The next resolution establishes a permit fee
reimbursement procedure for the area in the Enterprise Zone, but outside of
the Special Redevelopment Area. The building permit reimbursement would
apply to those businesses engaged in manufacturing articles of commerce,
conducting research and development, or storing goods and commodities which
are sold or traded in interstate commerce after occupancy.
Moved by Commissioner Warner, seconded by Commissioner Beggs
that Resolution Number 91-4330, requesting that property in the City of Salina
be designated as an enterprise zone as authorized by K.S.A. 12-1,109; and
repealing Resolution Number 89-4127, be adopted. Aye: (5) . Nay: (0) .
Motion adopted.
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(8.4) Resolution Number 91-4331, determining the incentives to be
provided by the City of Salina, for enterprise zones; and repealing Resolution
Number 89-4128.
Moved by Commissioner Divine, seconded by Commissioner Beggs
that Resolution Number 91-4331, determining the incentives to be provided by
the City of Salina, for enterprise zones; and repealing Resolution Number
89-4128, be adopted. Aye: (5). Nay: (0). Motion adopted.
(8.5) Resolution Number 91-4332, authorizing the Mayor to execute and the
City Clerk to attest an agreement between the City of Salina, Kansas and
Trkla, Pettigrew, Allen and Payne, Inc., an Illinois Corporation, for
professional services necessary to prepare the Salina Comprehensive Plan in an
amount not to exceed fifty-five thousand dollars ($55,000).
Roy Dudark, Director of Planning and Community Development,
provided background on this project.
The Commissioners and staff discussed the scope of the
comprehensive plan.
Commissioner Divine asked that the City do cost accounting by job
to track the staff manhours .
Dennis M. Kissinger, City Manager, said the staff can do that.
Moved by Commissioner Warner, seconded by Commissioner
Brungardt that Resolution Number 91-4332, authorizing the Mayor to execute
and the City Clerk to attest an agreement between the City of Salina, Kansas
and Trkla, Pettigrew, Allen and Payne, Inc., an Illinois Corporation, for
professional services necessary to prepare the Salina Comprehensive Plan in an
amount not to exceed fifty-five thousand dollars ($55,000), be adopted. Aye:
(5) . Nay: (0) . Motion adopted.
(8.6) Resolution Number 91-4333, authorizing the Mayor to execute and the
City Clerk to attest an agreement between the City of Salina, Kansas and
Bucher, Willis and Ratliff, Consulting Engineers, Planners and Architects, for
transportation planning and engineering services necessary to prepare the
Salina Transportation Plan in an amount not to exceed thirty-seven thousand
dollars ($37,000).
Moved by Commissioner Beggs, seconded by Commissioner Brungardt
that Resolution Number 91-4333, authorizing the Mayor to execute and the City
Clerk to attest an agreement between the City of Salina, Kansas and Bucher,
Willis and Ratliff, Consulting Engineers, Planners and Architects, for
transportation planning and engineering services necessary to prepare the
Salina Transportation Plan in an amount not to exceed thirty-seven thousand
dollars ($37,000), be adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.7) Resolution Number 91-4334, authorizing the Mayor to execute and the
City Clerk to attest an agreement between the City of Salina, Kansas and
Bucher, Willis and Ratliff, Consulting Engineers, Planners and Architects, for
engineering services necessary to design the North Boundary Road at the
KSU-Salina campus in an amount not to exceed twenty-one thousand dollars
($21,000).
Shawn O'Leary, Assistant City Engineer, reviewed the selection
process and recommended the contract be awarded to Bucher, Willis and
Ratliff, Consulting Engineers, Planners and Architects. He said the design
and construction will be paid from sales tax funds.
Moved by Commissioner Brungardt, seconded by Commissioner Divine
that Resolution Number 91-4334, authorizing the Mayor to execute and the City
Clerk to attest an agreement between the City of Salina, Kansas and Bucher,
Willis and Ratliff, Consulting Engineers, Planners and Architects, for
engineering services necessary to design the North Boundary Road at the
KSU-Salina campus in an amount not to exceed twenty-one thousand dollars
($21,000), be adopted. Aye: (5). Nay: (0). Motion adopted.
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(8.8) Resolution Number 91-4335, appointing members to the Arts and
Humanities Commission, Business Improvement District #1 Advisory Board and
the River Development Study Committee.
Moved by Commissioner Divine, seconded by Commissioner Warner
that Resolution Number 91-4335, appointing members to the Arts and
Humanities Commission, Business Improvement District #1 Advisory Board and
the River Development Study Committee, be adopted. Aye: (5) . Nay: (0) .
Motion adopted.
(8.9) Consideration of Recommendations from Salina Downtown, Inc.
regarding downtown parking.
Dennis M. Kissinger, City Manager, explained the recommendations
from Salina Downtown, Inc., are to authorize Southwestern Bell Telephone to
put up temporary signs to designate temporary loading zone in two parking
stalls next to their loading dock when necessary; to designate seven parking
spaces on the east side of the 200 block of North Santa Fe as two hour
parking, leaving the eight hour parking designation north of the alley and
that yellow paint be removed from curb cuts and stop blocks be installed in
that portion of the block south to the crosswalk; and, that parking be limited
to one hour in public lot 5B on the east side of South 7th, behind Strand
Plaza. Mr. Kissinger recommended the request be approved with the exception
of removing the yellow paint at curb cuts and the installation of stop blocks.
Commissioner Beggs asked if the businesses were notified of the
proposed changes.
Larry Justus, Downtown Improvement Committee, said members of
the Committee spoke to all the affected property owners on Santa Fe and on
Strand Plaza about these recommendations.
Dennis M. Kissinger, City Manager, said staff will take under
advisement the recommendation to acquire additional land for parking.
Moved by Commissioner Divine, seconded by Commissioner Warner
that the three recommendations of the Salina Downtown, Inc. be accepted with
the exception of the removal of the yellow paint from curb cuts and
installation of stop blocks in a portion of the 200 block of North Santa Fe,
south of the crosswalk. Aye: (5) . Nay: (0) . Motion adopted.
Dennis M. Kissinger, City Manager, said a Resolution will be on the
July 22, 1991 agenda delineating the parking zones.
(8.10) Resolution Number 91-4336, authorizing the Mayor to execute and the
City Clerk to attest a grant of easement to The Kansas Power and Light
Company on a tract of land at Broadway and North Street.
Greg Bengtson, City Attorney, reviewed the history of the tract at
Broadway and North Street. He said the Saline County Rescue Squad granted
an easement in 1988, but because title has a reversionary provision to the
City of Salina, the City Commission should also grant the easement.
Moved by Commissioner Beggs, seconded by Commissioner Brungardt
that Resolution Number 91-4336, authorizing the Mayor to execute and the City
Clerk to attest a grant of easement to The Kansas Power and Light Company
on a tract of land at Broadway and North Street, be adopted. Aye: (5).
Nay: (0) . Motion adopted.
(8.11) Resolution Number 91-4337, directing public notice of an application
for vacation of a portion of an existing utility easement on the east side of
Lot 7, Block 14, Georgetown Addition to the City of Salina, Saline County,
Kansas. (The Resolution sets July 29, 1991 for a public hearing) .
(8.1la) Petition Number 4013, filed by Lee Haworth for the vacation of
a portion of a utility easement in on Lot 7, Block 14, Georgetown
Addition.
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Moved by Commissioner Warner, seconded by Commissioner
Brungardt that Petition Number 4013 be referred to the City Engineer for a
recommendation, and that Resolution Number 91-4337, directing public notice of
an application for vacation of a portion of an existing utility easement on
the east side of Lot 7, Block 14, Georgetown Addition to the City of Salina,
Saline County, Kansas, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
Dennis M. Kissinger, City Manager, requested the City Commission
recess into Executive Session for the purpose of discussing the Randall Leiker
case, with possible action at the conclusion.
Moved by Commissioner Beggs, seconded by Commissioner Brungardt
that the Board of Commissioners recess into executive session for 15 minutes
for the purpose of discussing a matter deemed subject to the attorney/client
privilege for the reason that public discussion would waive the
attorney/client privilege. Aye: (5) . Nay: (0) . Motion adopted.
The Board of Commissioners recessed at 4:51 p.m. and reconvened
at 5:05 p.m.
Greg Bengtson, City Attorney, explained he received a call from
Brad Bodemer, the City's insurance defense counsel that it would be possible
to settle out of court for $20,000. He said settlement of the suit requires
City Commission approval. He explained the legal counsel for the Police
liability insurance carrier wishes to settle.
Moved by Commissioner Warner, seconded by Commissioner
Brungardt that the Commission consent to settlement by the City's Police
liability insurance carrier of all claims against the City and its officers
and employees asserted by Randall Leiker in Federal District Court Case No.
90-2219V for the total sum of $20,000. Aye: (5) . Nay: (0) . Motion adopted.
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 5:08 p.m.
(SEAL)
ATTEST:
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Jacqueline Shiever, City Clerk
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