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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. 91-287 no F . 91-289 91-290 91-291 (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. 91-292 91-293 91-294 91-295 91-296 91-297 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 91-298 91-299 91-300 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. 91-301 UM11 a 91-303 91-304 (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. 91-305 — 91-306 91-307 (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. 91-308 — 91-309 91-310 91-311 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: --� .,.U� SA, i el) t.)-) Jacqueline Shiever, City Clerk Ste hen C . �Ryantayor p