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.
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(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.
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(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.
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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.
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( 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.
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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