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05-06-1991 MinutesKuhn -C.. Pl"— CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS MAY 6, 1991 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, May 6, 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 CITIZEN FORUM Michael Yeakey, 1215 N. 12th, presented a petition (later numbered 4012) signed by 167 citizens supporting citywide curbside recycling. Ernest Cole, 153 S. Front, said he didn't think curbside recycling would work. He suggested allowing recycling companies access to the landfill to acquire material to be recycled. AWARDS - PROCLAMATIONS (4.1) The Mayor presented plaques of appreciation to past board and commission members: Judy Lilly - Heritage Commission Sheldon Burr - Heritage Commission Amy Hoffman - Library Board Albert Schwartz - Library Board (4.2) The Mayor proclaimed the Week of May 6 through May 10, 1991 as "REHABILITATION COUNSELORS WEEK" . The proclamation was read by Debora Cox, a Kansas Rehabilitation Counselor. (4.3) The Mayor proclaimed Saturday, May 11, 1991 as "BUDDY POPPY DAY". The proclamation was read by Leon P. Kashkin, Past Commander VFW Post 1432, Salina and Senior Vice Commander for the 6th District - VFW Department of Kansas. (4.4) The Mayor proclaimed Saturday, May 11, 1991 as "POPPY DAY". The proclamation was read by Evelyn Rock, President of the Leslie Kreps Post 62 American Legion Auxiliary. (4.5) The Mayor proclaimed the Week of May 12 through May 18, 1991 as "POLICE WEEK" and May 15, 1991 as "PEACE OFFICER MEMORIAL DAY." The proclamation was read by Michael Yeakey, Police Department Chaplin. (4.6) The Mayor proclaimed the Month of May, 1991 as "OLDER AMERICANS MONTH 1991". The proclamation was read by Jim Torrey, Chairman of Public Relations, the American Association of Retired Persons (AARP) , Salina Chapters 278 and 2046. Mayor Ryan announced that services would be held Wednesday, May 15, 1991 at 8:00 a.m. at Jerry Ivey park in honor of Peace Officer Memorial Day. 91-172 91-173 91-174 91-175 PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing on the possible issuance of $2,500,000 Industrial Revenue Bonds and property tax exemption for Wyatt Foundry Inc. (5.1a) Resolution Number 91-4299, (Resolution of intent to issue $2,500,000 Industrial Revenue Bonds for Wyatt Foundry, Inc.) (5.1b) Resolution Number 91-4300, exempting certain property owned by Wyatt Foundry, Inc., located at 601 Idlewilde Place, Salina, Kansas, from ad valorem taxation and providing for certain in lieu of tax payments. Mayor Ryan declared the public hearing open. Roy Dudark, Director of Planning and Community Development, reviewed the application and tax abatement qualifications. Roy Applequist, Vice President of Wyatt Foundry and President of Great Plains Manufacturing, explained the increase in requested Industrial Revenue Bonds is because of changes in design. He said they will seek local companys to bid on the expansion project. There were no other comments, so the Mayor declared the public hearing closed. Moved by Commissioner Warner, seconded by Commissioner Brungardt that Resolution Number 91-4299, (Resolution of intent to issue $2,500,000 Industrial Revenue Bonds for Wyatt Foundry, Inc.), be adopted. Aye: (5) . Nay: (0) . Motion adopted. Moved by Commissioner Divine, seconded by Commissioner Beggs that Resolution Number 91-4300, exempting certain property owned by Wyatt Foundry, Inc., located at 601 Idlewilde Place, Salina, Kansas, from ad valorem taxation and providing for certain in lieu of tax payments, be adopted. Aye: (5) . Nay: (0) . Motion adopted. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting April 22, 1991. (6.2) Petition 4011 was filed by Daniel King for water and sewer improvements for Lots 4, 5, 6, 7, Block 1, King Addition. (Refer the petition to the City Engineer for a report on its validity and to file a feasibility report on the improvements.) (6.3) Authorize the City Clerk to issue Taxi Cab Licenses 15 and 16 for M.J. Scriven, dba City Cab, 217 South Tenth Street. Moved by Commissioner Warner, seconded by Commissioner Beggs that all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) . Motion adopted. DEVELOPMENT BUSINESS (7.1) Consider applications for funding under the Kansas Emergency Shelter Grant Program. Roy Dudark, Director of Planning and Community Development, explained that 3 out of 5 local community agencies have applied for funding under this program. If the applications are approved by the State, the City will contract with the State and subcontract with each agency for completion of the program. Moved by Commissioner Warner, seconded by Commissioner Divine that the City Manager be authorized to sign the grant applications and that staff be authorized to submit the applications for funding under the Kansas Emergency Shelter Grant Program. Aye: (5) . Nay: (0) . Motion adopted. 91-176 91-177 91-178 91-179 (7.2) Recommendation from the City Planning Commission that Zoning Application 91-3, filed by George Johnson for the amendment of Sections 42-303, 42-318, 42-332 and 42-686 of the Salina Code adding automobile repair as a conditional use in Districts C-4 and C-5 and as a permitted use in District C-6 and revising the definition of a gasoline service station, be approved. (Introduce Ordinance 91-9440 for first reading.) Roy Dudark, Director of Planning and Community Development, reviewed the application and the code changes in the proposed ordinance. Moved by Commissioner Divine, seconded by Commissioner Beggs that the recommendation from the City Planning Commission be accepted and that Ordinance 91-9440 amending Sections 42-303, 42-318, 42-332 and 42-686 of the Salina Code adding automobile repair as a conditional use in Districts C-4 and C-5 and as a permitted use in District C-6 and revising the definition of a gasoline service station, and repealing the existing sections, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. ADMINISTRATION (8.1) Second Reading Ordinance 91-9439, amending Article II of Chapter 27 of the Salina Code regarding park regulations and repealing the existing Article. Moved by Commissioner Warner, seconded by Commissioner Beggs that Ordinance 91-9439, amending Article II of Chapter 27 of the Salina Code regarding park regulations and repealing the existing Article, be adopted. Aye: Beggs, B rungardt , Divine, Warner, Ryan (5) . Nay: (0) . Motion adopted. (8.2) Report on bids received April 30, 1991 for Engineering Project 91-827 for the Smoky Hill River Development, Phase II. (Award the contract to Frank Construction Company, Inc. in the amount of $22,794 for the base bid only . ) Shawn O'Leary, Assistant City Engineer, reviewed the bids received and recommended the contract be awarded to Frank Construction, Inc. in the amount of $22,794. Dennis M. Kissinger, City Manager, reviewed the scope of the project to landscape the banks and stock the ponding area. R. W. Bull, Chairman of the River Development Committee, expressed the Committee's support for the river cleanup. Moved by Commissioner Brungardt, seconded by Commissioner Divine that the contract for Engineering Project 91-827 for the Smoky Hill River Development, Phase II be awarded to Frank Construction Company, Inc. in the amount of $22,794 for the base bid only. Aye: (5) . Nay: (0) . Motion adopted. (8.3) Report on bids received April 30, 1991 for Engineering Project 91-831 for East Crawford Ball Field Fence. (Award the contract to American Fence Company of the Midwest, Inc. in the amount of $17,310.00.) Steve Snyder, Director of Parks and Recreation, reviewed the bids received and recommended the contract be awarded to American Fence Company of the Midwest, Inc. Moved by Commissioner Divine, seconded by Commissioner Beggs that the recommendation of staff be accepted and that the contract for Engineering Project 91-831 for East Crawford Ball Field Fence be awarded to American Fence Company of the Midwest, Inc. in the amount of $17,310.00. Aye: (5) . Nay: (0) . Motion adopted. Cnr-nfflJ gglvia KuhnaxPrating — V,i Kansa{ U :o 91-181 91-182 91-183 (8.4) Report on bids received April 30, 1991 for a tractor, aerator, five golf carts and a mower for the Park and Recreation Department. (Award the contracts as recommended by staff . ) Steve Snyder, Director of Parks and Recreation, reviewed the bids received on the equipment. (8.5) Report on bids received April 30, 1991 for banquet tables for the Bicentennial Center. (Award the contract to Monroe Company of Colfax, Iowa in the amount of $10,190.00) . Phil Chamoff, Interim Bicentennial Manager, reviewed the bids received and recommended the contract be awarded to Monroe Company as low bidder. Moved by Commissioner Warner, seconded by Commissioner Brungardt that the staff recommendation be accepted and that the contract be awarded to Monroe Company of Colfax, Iowa in the amount of $10,190.00. Aye: (5) . Nay: (0) . Motion adopted. (8.6) Disposition of surplus property in the Replat of Faith Addition and in Mayfair Addition. Robert K. Biles, Director of Finance and Administration, explained that staff was seeking authority to extend the deadline for sale of this surplus property to September 30, 1991. He also said the City had just received an offer of $4,500.00 for Lots 11 and 12, Block 15, Mayfair Addition. Moved by Commissioner Warner, seconded by Commissioner Divine that the deadline to dispose of surplus property in the Replat of Faith Addition and in Mayfair Addition be extended to September 30, 1991 and that the offer of $4,500.00 for Lots 11 and 12, Block 15, Mayfair Addition, be accepted. Aye: (5) . Nay: (0) . Motion adopted. (8.7) Resolution Number 91-4301, instructing the City Engineer to prepare a feasibility report for the 1991 sidewalk project. Moved by Commissioner Divine, seconded by Commissioner Brungardt that the contract for a tractor be awarded to Dauer Implement for $23,488.00; the contract for an aerator be awarded to Robison's Lawn & Golf for $3,358.00; the contract for five golf carts be awarded to Robison's Lawn & Golf for $12,010.00; and the contract for a mower be awarded to Champion Turf for $13,870.00. Aye: (5) . Nay: (0) . Motion adopted. (8.5) Report on bids received April 30, 1991 for banquet tables for the Bicentennial Center. (Award the contract to Monroe Company of Colfax, Iowa in the amount of $10,190.00) . Phil Chamoff, Interim Bicentennial Manager, reviewed the bids received and recommended the contract be awarded to Monroe Company as low bidder. Moved by Commissioner Warner, seconded by Commissioner Brungardt that the staff recommendation be accepted and that the contract be awarded to Monroe Company of Colfax, Iowa in the amount of $10,190.00. Aye: (5) . Nay: (0) . Motion adopted. (8.6) Disposition of surplus property in the Replat of Faith Addition and in Mayfair Addition. Robert K. Biles, Director of Finance and Administration, explained that staff was seeking authority to extend the deadline for sale of this surplus property to September 30, 1991. He also said the City had just received an offer of $4,500.00 for Lots 11 and 12, Block 15, Mayfair Addition. Moved by Commissioner Warner, seconded by Commissioner Divine that the deadline to dispose of surplus property in the Replat of Faith Addition and in Mayfair Addition be extended to September 30, 1991 and that the offer of $4,500.00 for Lots 11 and 12, Block 15, Mayfair Addition, be accepted. Aye: (5) . Nay: (0) . Motion adopted. (8.7) Resolution Number 91-4301, instructing the City Engineer to prepare a feasibility report for the 1991 sidewalk project. Moved by Commissioner Brungardt, seconded by Commissioner Beggs that Resolution Number 91-4301, instructing the City Engineer to prepare a feasibility report for the 1991 sidewalk project, be adopted. Aye: (5). Nay: (0) . Motion adopted. (8.8) Mayor Ryan appointed City Commissioners to various Boards and Commissions. Mayor Steve Ryan Chamber of Commerce Library Board Salina Emergency Preparedness Saline County -City Building Authority (Until June 1991) Roy Dudark, Director of Planning and Community Development, provided a brief background on this project. He explained that the City pays 50% and the abutting property owners pay 50% of the cost for sidewalks. When the project is complete, the property owners may pay the cost of the sidewalk in 30 days, or spread the cost over a 4 year period on their taxes. Moved by Commissioner Brungardt, seconded by Commissioner Beggs that Resolution Number 91-4301, instructing the City Engineer to prepare a feasibility report for the 1991 sidewalk project, be adopted. Aye: (5). Nay: (0) . Motion adopted. (8.8) Mayor Ryan appointed City Commissioners to various Boards and Commissions. Mayor Steve Ryan Chamber of Commerce Library Board Salina Emergency Preparedness Saline County -City Building Authority (Until June 1991) (`nmmicci�vi KU -Cox P,4t.,g — 5,1 , Kansa 91-184 91-185 91-186 Commissioner Carol Beggs Joint City -County Board of Health * Parks and Recreation Advisory Board Saline County -City Building Authority Commissioner John Divine f' Convention and Tourism Committee North Central Regional Planning Commission Salina Business Improvement District Board of Advisors Commissioner Pete Brungardt Joint City -County Board of Health Saline County -City Building Authority (After June 1991) Housing Authority of the City of Salina Commissioner Joe Warner Joint City -County Board of Health Salina Arts and Humanities Commission SARA Title III (8.9) Request for Executive Session to discuss the Leiker Case under the Attorney/Client privilege. (Possible action following the session.) Moved by Commissioner Divine, seconded by Commissioner Warner that the Board of City 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 5:08 p.m. and reconvened at 5:28 p.m. Greg Bengtson, City Attorney, explained the suit filed by Randall Leiker is currently pending in Federal District Court and an offer of judgment to resolve the case could alleviate further costs. Moved by Commissioner Divine, seconded by Commissioner Beggs that the Commission authorize counsel for the City to submit an offer of judgment in the amount of $10,000 in the case of Randall Leiker vs. City of Salina, et al. 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 5:32 p.m. (SEAL) ATTEST: Jacqueline Shiever, City Clerk Seph n C. Rin, Mayor