06-17-1991 Minutes91-226
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JUNE 17, 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 17, 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
(5.1) Public Hearing on the vacation of a portion of Cherokee Drive Street
right-of-way.
(5. la) First 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.
Mayor Ryan declared the public hearing open.
Don Hoff, Director of Engineering and Utilities, explained that the
realignment of Cherokee Drive at West Crawford during the construction
project created surplus right-of-way at the intersection and recommended the
tract be vacated but retained as a utility easement.
There were no other comments filed, written or oral, so the Mayor
declared the public hearing closed.
The Mayor, with the consent of the City Commissioners, moved item
8.4 to be considered as a public hearing.
(8.4) First Reading Ordinance Number 91-9450, authorizing the City of
Salina, Kansas to issue its industrial revenue bonds, Series 1991, (Great
Plains Manufacturing, Incorporated) in the aggregate principal amount of
$2,500,000.
Mayor Ryan declared the public hearing open.
Moved
by Commissioner Divine, seconded by Commissioner
Warner
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 introduced for first reading.
Aye:
(5) .
Nay: (0) .
Motion adopted.
The Mayor, with the consent of the City Commissioners, moved item
8.4 to be considered as a public hearing.
(8.4) First Reading Ordinance Number 91-9450, authorizing the City of
Salina, Kansas to issue its industrial revenue bonds, Series 1991, (Great
Plains Manufacturing, Incorporated) in the aggregate principal amount of
$2,500,000.
Mayor Ryan declared the public hearing open.
— 91-227
91-228
Greg Bengtson, City Attorney, explained that the notice of public
hearing had been published and that the public hearing was required by
Federal tax laws. He reviewed the IRB application.
Dean Owens, attorney for the applicant, said he, Roy Applequist,
President of Great Plains Manufacturing, and Gary Lee, Vice President of
Finance were available for any questions the Commissioners might have.
There were no other comments filed, written or oral, so the Mayor
declared the public hearing closed.
Moved by Commissioner Warner, seconded by Commissioner
Brungardt 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 introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting June 10, 1991.
(6.2) Authorize the City Clerk to issue 1991 Surety on Bail Bond license.
Moved by Commissioner Brungardt, 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 Zoning
Application 91-4, filed by Southwestern Mobile Home Court, for the rezoning of
Lots 1 - 9, Block 1, Wallerius Addition #2 to Manufactured Home Park, be
denied.
Roy Dudark, Director of Planning and Community Development,
reviewed the application and the recommendation of the City Planning
Commission to deny the application.
Bob Wasko, attorney for the applicant, said his client would like
to have this application returned to the Planning Commission for consideration
as a Planned Development District.
Dennis Kissinger, City Manager, requested a two minute recess to
confer with the City Attorney and Planning Director about this matter.
The meeting recessed at 4:23 p.m. and reconvened at 4:26 p.m.
Greg Bengtson, City Attorney, explained that the applicant should
withdraw Zoning Application 91-4 and then file a planned development district
application.
action.
The Commissioners and staff discussed the matter.
The applicant withdrew his request. The Commissioners took no
(7.2) Consideration of request from Salina Habitat for Humanity, Inc. for
the waiver of building permit and inspection fees for a new residence at
909 Willis.
Roy Dudark, Director of Planning and Community Development,
stated that the permit and inspection fee would be $339, if not exempt. He
said other organizations build low-income housing and the Commissioners could
be setting a precedent by exempting these fees. He outlined the Commission's
options.
Dennis M. Kissinger, City Manager, explained that fees are not
waived for City projects. He said funds could be transferred from one
account to another.
Doris Betenger said the precedent has already been set in the
country and that the group will probably come forward in the future
requesting exemption from certain fees.
Ernest Cole, 153 South Front, spoke in favor of exempting the
building permit fees for construction of low-income housing.
The Commissioners and staff reviewed the issue.
91-229 Moved by Commissioner Divine, seconded by Commissioner Warner
that the City contribute up to $350.00 for building and permit fees for a new
residence at 909 Willis, and the contribution come from funds for agency
contracts or other line items. Aye: (5) . Nay: (0) . Motion adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 91-9446, amending Section 25-28
of the Salina Code regarding resisting arrest, and amending Article II of
Chapter 25 by adding Sections 25-29, 25-30, 25-31; and repealing the existing
Section 25-28.
91-230 Moved by Commissioner Warner, seconded by Commissioner Beggs
that Ordinance Number 91-9446, amending Section 25-28 of the Salina Code
regarding resisting arrest, and amending Article II of Chapter 25 by adding
Sections 25-29, 25-30, 25-31; and repealing the existing Section 25-28, be
adopted. Aye: Beggs, Brungardt, Divine, Warner, Ryan (5) . Nay: (0) .
Motion adopted.
(8.2) Second Reading Ordinance Number 91-9447, amending the Salina
Code by enacting Section 25.8 prohibiting fortune telling, palmistry and
craniology.
Dennis Kissinger, City Manager, explained that the license
regulating fortune tellers was $45.00 a day; but that fee was unrealistic. He
said the city was unaware so many people were involved in this type of
activity.
Police Chief James D. Hill said the City was trying be proactive
rather than reactive and was unaware of any fortune telling activity in
Salina since no licenses had been issued for the past 20 years.
The Commissioners and staff discussed the matter thoroughly.
Edna M. Jones, 126 S. 11th; Martha Rider, 123 W. Minneapolis;
Reverend Evadne Tuxhorn, 809 Willow Drive; Doris Betenger; Dr. Helen
Bonny, 418 Charles; Jim Haynes, 446 S. Delaware; and James Butler, R. R.
2, spoke against the proposed ordinance. They felt it was unfair and
prejudicial.
Herman Weisner, 425 S. 11th, and Ernest Cole, 153 South Front,
spoke in favor of the ordinance.
Greg Bengtson, City Attorney, reminded the Commissioners that the
issue was one of business, not religion.
91-231
91-232
91-233
91-234
Moved by Commissioner Beggs, seconded by Commissioner Brungardt
that Ordinance Number 91-9447, amending the Salina Code by enacting Section
25.8 prohibiting fortune telling, palmistry and craniology, be adopted.
Aye: (0) . Nay: Beggs, Brungardt, Divine, Warner, Ryan (5) . Motion
defeated.
The City Manager and staff were instructed to handle the problem in
another way.
(8.3) Second Reading Ordinance Number 91-9448, amending Section 30-18
of the Salina Code regarding merchant police vehicles; and repealing the
existing Sections 30-18, 30-19, 30-21 and 30-23.
Moved by Commissioner Beggs, seconded by Commissioner Divine
that Ordinance Number 91-9448, amending Section 30-18 of the Salina Code
regarding merchant police vehicles; and repealing the existing Sections 30-18,
30-191, 30-21 and 30-23, be adopted. Aye: Beggs, Brungardt, Divine,
Warner, Ryan (5) . Nay: (0) . Motion adopted.
(8.4) First Reading Ordinance Number 91-9450, authorizing the City of
Salina, Kansas to issue its industrial revenue bonds, Series 1991, (Great
Plains Manufacturing, Incorporated) in the aggregate principal amount of
$2,500,000 was considered as a public hearing earlier in the meeting.
(8.5) First Reading Ordinance Number 91-9451, amending Section 40-59, of
the Salina Code pertaining to violation of (taxicab) fares, and repealing the
existing section.
Dennis Kissinger, City Manager, explained that this ordinance came
about because of a request to offer discount taxicab fares.
Moved by Commissioner Divine, seconded by Commissioner Brungardt
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 introduced for first reading. Aye: (5) . Nay: (0) . Motion
adopted.
(8.6) Resolution Number 91-4308, amending Resolution Number 90-4238 in
order to provide for the issuance of Municipal Temporary Notes of the City of
Salina, Kansas, in an aggregate principal amount of not to exceed $1,820,000
for the purpose of providing funds to pay the cost of construction of the
Crawford Street improvements, Phase II, from Interstate 135 to Montrose
Street, all in said City.
Robert Biles, Director of Finance and Administration, explained that
this resolution amends the original master temporary note resolution by
increasing the authorized aggregate limit to include the base contract and
authorized change orders for Phase II of the Crawford Street Project.
Moved by Commissioner Brungardt, seconded by Commissioner
Warner that Resolution Number 91-4308, amending Resolution Number 90-4238
in order to provide for the issuance of Municipal Temporary Notes of the City
of Salina, Kansas, in an aggregate principal amount of not to exceed
$1,820,000 for the purpose of providing funds to pay the cost of construction
of the Crawford Street improvements, Phase II, from Interstate 135 to
Montrose Street, all in said City, be adopted. Aye: (5) . Nay: (0) . Motion
adopted.
(8.7) Resolution Number 91-4309 authorizing and directing the issuance of
Municipal Temporary Note Number 3 of the City of Salina, Kansas in the
amount of $300,000 for the purpose of providing funds to pay a portion of the
cost of construction of West Crawford Street improvements, Phase II, from
Interstate 135 to Montrose Street, all in said City.
Robert Biles, Director of Finance and Administration, reported that
two bids were received and recommended the bid be awarded to Bank IV,-
Wichita
V;Wichita at a rate of 5.35%.
91-235
91-236
91-237
91-238
Moved by Commissioner Warner, seconded by Commissioner
Brungardt that Resolution Number 91-4309 authorizing and directing the
issuance of Municipal Temporary Note Number 3 of the City of Salina, Kansas
in the amount of $300,000 for the purpose of providing funds to pay a portion
of the cost of construction of West Crawford Street improvements, Phase II,
from Interstate 135 to Montrose Street, all in said City, be adopted. Aye:
(5) . Nay: (0) . Motion adopted.
(8.8) Resolution Number 91-4310 determining it necessary to acquire
certain right-of-way and permanent easement for the use of the City of Salina
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) and directing the City Engineer to make a survey and
description of the interest in land necessary for such purposes.
Greg Bengtson, City Attorney, said negotiations are continuing but
this resolution starts the condemnation process to acquire any right-of-way
and permanent easement needed for Crawford Street from Broadway Boulevard
to Ashton's West.
Moved by Commissioner Beggs, seconded by Commissioner Divine
that Resolution Number 91-4310 determining it necessary to acquire certain
right-of-way and permanent easement for the use of the City of Salina 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) and directing the City Engineer to make a survey and
description of the interest in land necessary for such purposes, be adopted.
Aye: (5) . Nay: (0) . Motion adopted.
(8.9) Resolution Number 91-4311 authorizing an agreement between the
City of Salina, Kansas and Missouri Pacific Railroad Company for crossing
improvements on West Crawford Street.
Shawn O'Leary, Assistant City Engineer, provided background on
this project.
Moved by Commissioner Warner, seconded by Commissioner Divine
that Resolution Number 91-4311 authorizing an agreement between the City of
Salina, Kansas and Missouri Pacific Railroad Company for crossing
improvements on West Crawford Street, be adopted. Aye: (5) . Nay: (0) .
Motion adopted.
None
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 5:57 p.m.
( SEAL)
ATTEST:
Jacqueline Shiever, City Clerk
Stephen C. Rya , Mayor