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06-24-1991 Minutes91-239 91-240 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS JUNE 24, 1991 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, June, 24, 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 CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) Resolution Number 91-4312, expressing gratitude and appreciation to David (Jack) Ayers for serving the City of Salina, Kansas from September 21, 1959 to July 1, 1991 as Instrument Man, Inspector, Engineering Aide II, Construction Inspector and Engineering Technician. Mayor Ryan presented the plaque to David Ayers. (4.2) Resolution Number 91-4313, expressing gratitude and appreciation to Donald E. Mergen for serving the City of Salina, Kansas from April 1, 1972 to July 1, 1991 as Plumbing Inspector and Building Inspector. Moved by Commissioner Warner, seconded by Commissioner Beggs that Resolution Number 91-4313, expressing gratitude and appreciation to Donald E. Mergen for serving the City of Salina, Kansas from April 1, 1972 to July 1, 1991 as Plumbing Inspector and Building Inspector, be adopted. Aye: (5) . Nay: (0) . Motion adopted. Mayor Ryan presented the plaque to Donald Mergen. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting June 17, 1991. (6.2) Set the date of July 23, 1991 to receive bids for Engineering Project 91-835 for improvements to the 9th and Belmont intersection. Moved by Commissioner Warner, seconded by Commissioner Beggs that Resolution Number 91-4312, expressing gratitude and appreciation to David (Jack) Ayers for serving the City of Salina, Kansas from September 21, 1959 to July 1, 1991 as Instrument Man, Inspector, Engineering Aide II, Construction Inspector and Engineering Technician, be adopted. Aye: (5) . Nay: (0) . Motion adopted. Mayor Ryan presented the plaque to David Ayers. (4.2) Resolution Number 91-4313, expressing gratitude and appreciation to Donald E. Mergen for serving the City of Salina, Kansas from April 1, 1972 to July 1, 1991 as Plumbing Inspector and Building Inspector. Moved by Commissioner Warner, seconded by Commissioner Beggs that Resolution Number 91-4313, expressing gratitude and appreciation to Donald E. Mergen for serving the City of Salina, Kansas from April 1, 1972 to July 1, 1991 as Plumbing Inspector and Building Inspector, be adopted. Aye: (5) . Nay: (0) . Motion adopted. Mayor Ryan presented the plaque to Donald Mergen. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting June 17, 1991. (6.2) Set the date of July 23, 1991 to receive bids for Engineering Project 91-835 for improvements to the 9th and Belmont intersection. 91-241 91-242 91-243 (6.3) Set the date of July 16, 1991 to receive bids for Engineering Project 91-830 for construction of certain sidewalks on Ellsworth Avenue. (6.4) Set the date of July 1, 1991 at 10:00 a.m. to receive bids for the sale of the City of Salina's IBM AS/400 Model 70 computer system. Moved by Commissioner Divine, seconded by Commissioner Brungardt that all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) . Motion adopted. None DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Second Reading Ordinance Number 91-9449 providing for the vacation of certain street right-of-way on Cherokee Drive adjacent to Block 1, Banker Addition to the City of Salina, Saline County, Kansas. Moved by Commissioner Beggs, seconded by Commissioner Divine that Ordinance Number 91-9449 providing for the vacation of certain street right-of-way on Cherokee Drive adjacent to Block 1, Banker 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 91-9450, authorizing the City of Salina, Kansas to issue its Industrial Revenue Bonds, Series 1991, (Wyatt Foundry, Inc. - Great Plains Manufacturing, Incorporated Project) in the aggregate principal amount of $2,500,000, for the purposes of purchasing, acquiring, constructing equipping and installing an industrial project; authorizing execution of a trust indenture by and between the City and Merchants National Bank of Topeka, in the city of Topeka, Kansas, as trustee; authorizing the city to lease said project to Wyatt Foundry, Inc. and authorizing execution of a lease between said city and Wyatt Foundry, Inc.; authorizing Wyatt Foundry, Inc. to sublease said project to Great Plains Manufacturing Incorporated and authorizing execution of a sublease between Wyatt Foundry, Inc. and Great Plains Manufacturing Incorporated; approving the form of a guaranty agreement by and among Wyatt Foundry, Incorporated, Great Plains Manufacturing and Merchants National Bank of Topeka, as trustee; and authorizing the execution of the bond purchase agreement for the bonds by and among the City, Wyatt Foundry, Inc., Great Plains Manufacturing Incorporated and J. O. Davidson and Associates, as purchaser of the bonds. Moved by Commissioner Brungardt, seconded by Commissioner Warner that Ordinance Number 91-9450, authorizing the City of Salina, Kansas to issue its Industrial Revenue Bonds, Series 1991, (Wyatt Foundry, Inc. - Great Plains Manufacturing, Incorporated Project) in the aggregate principal amount of $2,500,000, for the purposes of purchasing, acquiring, constructing equipping and installing an industrial project; authorizing execution of a trust indenture by and between the City and Merchants National Bank of Topeka, in the city of Topeka, Kansas, as trustee; authorizing the city to lease said project to Wyatt Foundry, Inc. and authorizing execution of a lease between said city and Wyatt Foundry, Inc.; authorizing Wyatt Foundry, Inc. to sublease said project to Great Plains Manufacturing Incorporated and authorizing execution of a sublease between Wyatt Foundry, Inc. and Great Plains Manufacturing Incorporated; approving the form of a guaranty agreement by and among Wyatt Foundry, Incorporated, Great Plains Manufacturing and Merchants National Bank of Topeka, as trustee; and authorizing the execution of the bond purchase agreement for the bonds by and among the City, Wyatt Foundry, Inc., Great Plains Manufacturing Incorporated and J. O. Davidson and Associates, as purchaser of the bonds, be adopted. Aye: Beggs, Brungardt, Divine, Warner, Ryan. (5) . Nay: (0) . Motion adopted. 91-244 91-245 91-246 (8.3) Second Reading Ordinance Number 91-9451, amending Section 40-59, of the Salina Code pertaining to violation of ( taxicab) fares, and repealing the existing section. Moved by Commissioner Warner, seconded by Commissioner Beggs that Ordinance Number 91-9451, amending Section 40-59, of the Salina Code pertaining to violation of ( taxicab) fares, and repealing the existing section, be adopted. Aye: Beggs, Brungardt, Divine, Warner, Ryan. (5). Nay: (0) . Motion adopted. (8.4) First Reading Ordinance Number 91-9452, unconditionally approving the issuance of general obligation bonds by the Salina Airport Authority in an amount not to exceed $950,000 for the purpose of financing the construction of facilities to be used for aeronautical technology education. Tim Rogers, Executive Director of the Salina Airport Authority, explained that this project is part of the K -State Salina expansion. He said construction is expected to begin in September, 1991 and will be completed by July 1, 1992 when the building will be leased to K -State Salina under a 20 year lease purchase agreement. The Commissioners and staff discussed the bond issue. Moved by Commissioner Divine, seconded by Commissioner Beggs that Ordinance Number 91-9452, unconditionally approving the issuance of general obligation bonds by the Salina Airport authority in an amount not to exceed $950,000 for the purpose of financing the construction of facilities to be used for aeronautical technology education, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. (8.5) First Reading Ordinance Number 91-9453, ordering the condemnation and acquisition of certain right-of-way 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 the Crawford Street Improvement Project (Project 90-803), pursuant to K.S.A. Chapter 26, and amendments thereto, as it relates to condemnation by cities, and further pursuant to Resolution Number 91-4310 of the City of Salina, Kansas. Greg Bengtson, City Attorney, explained this ordinance authorizes initiation of the condemnation procedure. He said negotiations with property owners continue. Moved by Commissioner Beggs, seconded by Commissioner Divine that Ordinance Number 91-9453, ordering the condemnation and acquisition of certain right-of-way 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 the Crawford Street Improvement Project ( Project 90-803), pursuant to K.S.A. Chapter 26, and amendments thereto, as it relates to condemnation by cities, and further pursuant to Resolution Number 91-4310 of the City of Salina, Kansas, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. (8.6) City Commission approval of the Preliminary Official Statement for General Obligation, Internal Improvement Bonds Series P-238, in the amount of $1,417,000. (8.6a) Set the date of Monday, July 8, 1991 at 2: 00 p.m. to receive bids for the sale of $1,417,000 General Obligation Internal Improvement Bond, Series P-238. Robert Biles, Director of Finance and Administration, explained that new federal regulations require City Commission approval of a preliminary statement prior to the sale of bonds. This statement provides important information to potential investors. 91-247 91-248 91-249 91-250 91-251 Moved by Commissioner Brungardt, seconded by Commissioner Warner that the Preliminary Official Statement for General Obligation, Internal Improvement Bonds Series P-238, in the amount of $1,417,000 be approved and that Monday, July 8, 1991 at 2:00 p.m. be set to receive bids for the sale of $1,417,000 General Obligation Internal Improvement Bond, Series P-238. Aye: (5) . Nay: (0) . Motion adopted. (8.7) Request has been filed by Lonnie Wilson to purchase two tracts of land in Elmdale Addition, located West of the cut off channel of Dry Creek on the north and south sides of platted Ash Street. Dennis M. Kissinger, City Manager, explained that the City has a deed for the tract on the north side of Ash Street, but there are no records showing ownership of the tract on the south side. Mr. Wilson will be responsible for the title search on this piece of property. If the City is not the owner, he does not gain title to the property. Moved by Commissioner Divine, seconded by Commissioner Brungardt that the staff report be accepted and that the offer by Lonnie Wilson to purchase two tracts of land in Elmdale Addition, located West of the cut off channel of Dry Creek on the north and south sides of platted Ash Street for $300, be accepted. Aye: (5). Nay: (0). Motion adopted. (8.8) Report on bids received June 18, 1991 for Engineering Project 91-828, for the construction of restrooms in Centennial Park and Lakewood Park. (Award the contract to Ry -Co, Inc., in the amount of $39,900.) Steve Snyder, Director of Parks and Recreation, reviewed the seven bids received and recommended the contract be awarded to Ry -Co, Inc. as low bidder. Moved by Commissioner Warner, seconded by Commissioner Beggs that the staff recommendation be accepted and that the contract for Engineering Project 91-828 for the construction of restrooms in Centennial Park and Lakewood Park be awarded to Ry -Co, Inc., in the amount of $39,900. Aye: (5). Nay: (0). Motion adopted. (8.9) City Engineer reports on the validity of Petition 4010 filed by Floyd Bernhardt for street and utility improvements in part of Meyer Addition and Replat of Meyer Addition, and files a feasibility report on the improvement. Shawn O'Leary, Assistant City Engineer, reported the petition was signed by 80% of the resident property owners owning 69% of the property in the benefit district and is therefore a valid petition. Moved by Commissioner Divine, seconded by Commissioner Brungardt that the petition 4010 be approved and that the feasibility report for street and utility improvements in part of Meyer Addition and Replat of Meyer Addition, be accepted. Aye: (5) . Nay: (0) . Motion adopted. ( 8.10) City Engineer reports on the validity of Petition 4011 filed by Dr. Daniel King for utility improvements in King Addition and files a feasibility report on the improvements. Shawn O'Leary, Assistant City Engineer, reported the petition was signed by 100% of the resident property owners owning 100% of the property in the benefit district and is therefore a valid petition. Moved by Commissioner Warner, seconded by Commissioner Beggs that the petition 4011 be approved and that the feasibility report for utility improvements in King Addition, be accepted. Aye: (5) . Nay: (0) . Motion adopted. — 91-252 91-253 91-254 91-255 91-256 91-257 91-258 ( 8.11) City Engineer files a feasibility report for the 1991 Sidewalk improvement project. Shawn O'Leary, Assistant City Engineer, explained that the sidewalk program was started in 1988 with approximately 1 mile of sidewalk constructed each year. He reviewed the scope of the 1991 sidewalk improvement project. (8.11a) Resolution Number 91-4314, 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 Beggs, seconded by Commissioner Divine that Resolution Number 91-4314, 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. (8.11b) Resolution Number 91-4315 '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 Divine, seconded by Commissioner Warner that Resolution Number 91-4315, 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. (8.11c) Resolution Number 91-4316, directing and ordering a public hearing on the advisability of sidewalk improvements on Broadway Boulevard and giving notice of such hearing. Moved by Commissioner Warner, seconded by Commissioner Brungardt that Resolution Number 91-4316, directing and ordering a public hearing on the advisability of sidewalk improvements on Broadway Boulevard and giving notice of such hearing, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.11d) Resolution Number 91-4317, directing and ordering a public hearing on the advisability of sidewalk improvements on Ohio Street and giving notice of such hearing. Moved by Commissioner Beggs, seconded by Commissioner Divine that Resolution Number 91-4317, directing and ordering a public hearing on the advisability of sidewalk improvements on Ohio Street and giving notice of such hearing, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.11e) Resolution Number 91-4318, directing and ordering a public hearing on the advisability of sidewalk improvements on Broadway Boulevard and giving notice of such hearing. Moved by Commissioner Brungardt, seconded by Commissioner Divine that Resolution Number 91-4318, directing and ordering a public hearing on the advisability of sidewalk improvements on Broadway Boulevard and giving notice of such hearing, be adopted. Aye: (5) . Nay: (0) . Motion adopted. ( 8.12) Set the date of June 27, 1991 for Special Board of Commissioners Meeting to discuss Cable TV. Moved by Commissioner Divine, seconded by Commissioner Beggs that June 27, 1991 at 3:00 p.m. be set for the Special Meeting of the Board of Commissioners to discuss Cable TV. Aye: (5) . Nay: (0) . Motion adopted. Dennis M. Kissinger, City Manager, asked the City Commissioners to consider a matter regarding College Park Industrial Revenue Bonds discussed in study session. Moved by Commissioner Warner, seconded by Commissioner Beggs that Resolution Number 91-4319 be added to the agenda for consideration. Aye: (5) . Nay: (0) . Motion adopted. 91-259 91-260 91-261 Greg Bengtson, City Attorney, reviewed the College Park IRB issue and lease of the property. He said the City is the owner of record under the IRB issue and therefore is a party in the agreement. The agreement deals with the potential improvement and dedication of streets and utilities in the now privately owned College Park area. Moved by Commissioner Divine, seconded by Commissioner Brungardt that Resolution Number 91-4319, authorizing the Mayor to execute an agreement between Richard R. Jensen and Sandra L. Jensen, Roger Jacobson and the City of Salina, Kansas, regarding the potential improvement and dedication of streets, storm sewers and water and sewer utilities in College Park Village and College Park Village Health Care Center, be adopted. Aye: (5) . Nay: (0) . Motion adopted. ( 8.13) Executive Session regarding Cable T V . Moved by Commissioner Warner, seconded by Commissioner Beggs that the Board of Commissioners recess into executive session for 20 minutes for the purpose of discussing a matter deemed subject to the attorney/client privilege for the reason that public discussion at this time would adversely affect the City's position regarding the matter. Aye: (5) . Nay: (0) . Motion adopted. The Board of Commissioners recessed at 4:56 p.m. and reconvened at 5:15 p.m. The Commissioners took no action. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Beggs, seconded by Mayor Ryan that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5) . Nay: (0). Motion adopted. The meeting adjourned at 5:17 p.m. (SEAL) ATTEST: ,A '� Jacqu line Sh aver, City Clerk Stephen C. Ry n, Mayor Kuhn-Gox P ing — Salina, Kansas WAIVER AND CONSENT TO HOLD A SPECIAL MEETING OF THE BOARD OF COMMISSIONERS We, the undersigned, being duly elected, qualified and acting Commissioners of the City of Salina, Kansas, and constituting a majority of the Board of Commissioners of the City of Salina, Kansas, do hereby waive notice and consent to the holding of a special meeting of the Board of Commissioners of the City of Salina, Kansas, on the 27th day of June, 1991, at 3:00 p.m. for the purpose of action relating to the following: 1. Cable television and cable franchise renewal. Dated this 27th day of June, 1991 Stephen C. Rya'*A, Mayor Carol Beggs, Coioner Peter F. Brungardt, ommissioner John Divine, Commissioner