04-15-1991 Minutes OrganizationCITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
APRIL, 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, April 15, 1991, at 4:00 p.m.
There were present:
Mayor Robert E. Frank, Chairman presiding
Commissioner Carol E. Beggs
Commissioner John Divine
Commissioner Stephen C. Ryan
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
Bernard King, 778 W. Crawford, asked what authority KPL had to
be on private property before right-of-way has been acquired and also asked
how the price of the right-of-way is established. He was directed to meet
with Don Hoff, City Engineer.
AWARDS - PROCLAMATIONS
(4.1) The Mayor proclaimed the Week of April 15 through 20, 1991 as
"CIVITAN INTERNATIONAL AWARENESS WEEK." The proclamation was read
by Lee Spellman, President of the Salina Civitan Club.
(4.2) The Mayor proclaimed Monday, April 15, 1991 as "KANSAS MASTER
TEACHER DEENA HORST DAY." The proclamation was read by Bill Mercer,
Assistant Superintendent for Curriculum, Instruction and Student Services.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing on the method of proposed special assessments for
Engineering Projects 89-789 and 89-790 for street and utility improvements in
Country Club Estates 2,3,4; Meyer, Mariposa, Country Oak Estates and Waters
Additions.
(5.1a) First Reading Ordinance Number 91-9438, levying special
assessments on lots, pieces and parcels of ground in the City of Salina,
Kansas for the purpose of paying a portion of the cost of certain street
and utility improvements in Country Club Estates Additions 2, 3, 4;
Country Oak Estates, Mariposa, Meyer and Waters Additions.
Mayor Frank declared the public hearing open.
Lynn Elder, 1201 East Republic, objected to the method of
assessment on his lot in Meyer Addition. He said he felt he was being
unjustly assessed because of his irregular shaped lot.
Don Hoff, City Engineer, explained the petitioners requested the
improvements be installed and then assessed on the adjusted front footage.
He said Mr. Elder could come to the Engineering Department to discuss the
matter during the week.
Joan Sanger, 741 Huehl Circle, asked who selects the method of
special assessments. She was told the petitioners set out how the special
assessments are to be assessed at the time the petition is filed.
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91-143
91-144
Nick Strite, East Republic, asked what the advantages were to
paying the assessment during the 30 day period or on the taxes over a ten
year period.
Robert Biles, Director of Finance and Administration, explained that
the property will not be assessed any interest if the principal is paid within
30 days of the adoption of the assessment ordinance. At the end of the 30
days Internal Improvement Bonds may be issued and the property is then
obligated for the interest on the bonds over the 10 year period.
Dennis Kissinger, City Manager, reported the City received one
protest in writing from a property owner on Argonne asking why they are
being assessed at this time when they paid special assessements twelve years
ago. Mr. Kissinger explained that property owners pay for the street in front
of their property and the nearest side street.
There were no other comments, so the Mayor declared the public
hearing closed.
Moved by Commissioner
Beggs, seconded
by Commissioner Divine
that Ordinance Number 91-9438,
levying special assessments on
lots, pieces
and parcels of ground in the City
of Salina, Kansas
for the purpose of paying
a portion of the cost of certain
street and utility
improvements
in Country
Club Estates Additions 2, 3, 4;
Country Oak Estates, Mariposa,
Meyer and
Waters Additions, be introduced
for first reading.
Aye: (5) .
Nay: (0) .
Motion adopted.
(5.2) Public Hearing on 1991 CDBG Housing Rehabilitation Grant
Application.
(5.2a) Resolution Number 91-42931 authorizing the preparation and
filing with the Kansas Department of Commerce of a Small Cities
Community Development Block Grant Program application for community
improvement (housing rehabilitation) assistance for fiscal year 1991,
designating the Mayor as the authorized representative of the City of
Salina to act in connection with the application and providing such
additional information as may be required.
(5.2b) Resolution Number 91-4294, a resolution of residential
antidisplacement and relocation assistance plan under Section 104(D) of
the Housing and Community Development Act of 1974, as amended.
Mayor Frank declared the public hearing open.
Roy Dudark, Director of Planning and Community Development,
explained this application is for $300,000 of federal funds to assist
homeowners to upgrade their dwellings. He explained this application adds a
new category for deferred loan payments to qualified families.
There were no comments filed, written or oral, so the Mayor
declared the public hearing closed.
Moved by Commissioner Warner, seconded by Commissioner Ryan that
Resolution Number 91-4293, authorizing the preparation and filing with the
Kansas Department of Commerce of a Small Cities Community Development Block
Grant Program application for community improvement (housing rehabilitation)
assistance for fiscal year 1991, designating the Mayor as the authorized
representative of the City of Salina to act in connection with the application
and providing such additional information as may be required, be adopted.
Aye: (5) . Nay: (0) . Motion adopted.
Moved by Commissioner Ryan, seconded by Commissioner Warner that
Resolution Number 91-4294, a resolution of residential antidisplacement and
relocation assistance plan under Section 104(D) of the Housing and Community
Development Act of 1974, as amended, be adopted. Aye: (5) . Nay: (0) .
Motion adopted.
91-145
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting April 8, 1991.
(6.2) An application for $2,000,000 Industrial Revenue Bonds and an
application for tax exemption has been filed by Wyatt Foundry, Inc., at 601
Idlewilde. (Great Plains Manufacturing.)
(These applications should be referred to the staff for review in
accordance with adopted policy, and a recommendation; May 6, 1991
should be set for the public hearing.)
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) Recommendation from the City Planning Commission that Conditional
Use Application 91-4, filed by Wallace W. Storey, Jr., for a Conditional Use
Permit to allow construction of a two-story, 24 unit apartment complex on
property zoned R-2 (Multi -Family Residential) on property legally described as
Lots 21 thru 26, Block 10, Oakdale Addition, and Lot 8, Block 1, Phillips East
Salina Addition in the City of Salina, Saline County, Kansas (aka 126 South
Ohio) , be approved with conditions.
(7. la) Protest Petition 4009, filed by property owners within 200 feet
of the proposed property, protesting the approval of the Conditional Use
Permit.
The Commissioners and staff discussed the matter.
Mike Sheahon, Attorney for the protestors, said the surrounding
landowners oppose construction of the apartment complex in their back yards
because they are concerned about the increased congestion, traffic, noise and
safety for children in the area. He asked the City Commissioners to set aside
the City Planning Commission decision.
Richard Tucker, 1035 Gypsum, said Mr. Storey had neither
maintained the lots nor complied with the city ordinance regarding weed
mowing and said he probably won't comply with the conditions related to the
conditional use permit.
Wally Storey, 227 N. Santa Fe, Suite 206, said he will comply with
all conditions established by the City and that the property will be cared for.
Jane Wood, 117 South Kansas; Bob Ziegler, 1020 East Iron; Carol
Hyman, 1033 Gypsum; and Galen Waggoner, 127 South Kansas, spoke against
the construction of the apartment complex. They expressed their concerns
about privacy, traffic, noise and the ability to get fire equipment to the
complex if necessary.
Evelyn Maxwell, Housing Resource Board, said soil testing should be
done to see if the property is suitable for construction.
91-146 Moved by Commissioner Divine, seconded by Commissioner Warner
that the recommendation of the City Planning Commission be accepted, and that
Conditional Use Application 91-4 be approved with certain conditions. Aye:
(5) . Nay: (0) . Motion adopted.
Roy
Dudark, Director
of Planning and Community Development,
explained
this
matter comes to
the City Commission because of the protest
petition.
The
property is now
a vacant lot near Iron and Ohio and the
developer
plans
to construct a 24
unit apartment complex. He said the protest
petition has
16
valid signatures
which represents 45% of the land area within
200' of the property.
The Commissioners and staff discussed the matter.
Mike Sheahon, Attorney for the protestors, said the surrounding
landowners oppose construction of the apartment complex in their back yards
because they are concerned about the increased congestion, traffic, noise and
safety for children in the area. He asked the City Commissioners to set aside
the City Planning Commission decision.
Richard Tucker, 1035 Gypsum, said Mr. Storey had neither
maintained the lots nor complied with the city ordinance regarding weed
mowing and said he probably won't comply with the conditions related to the
conditional use permit.
Wally Storey, 227 N. Santa Fe, Suite 206, said he will comply with
all conditions established by the City and that the property will be cared for.
Jane Wood, 117 South Kansas; Bob Ziegler, 1020 East Iron; Carol
Hyman, 1033 Gypsum; and Galen Waggoner, 127 South Kansas, spoke against
the construction of the apartment complex. They expressed their concerns
about privacy, traffic, noise and the ability to get fire equipment to the
complex if necessary.
Evelyn Maxwell, Housing Resource Board, said soil testing should be
done to see if the property is suitable for construction.
91-146 Moved by Commissioner Divine, seconded by Commissioner Warner
that the recommendation of the City Planning Commission be accepted, and that
Conditional Use Application 91-4 be approved with certain conditions. Aye:
(5) . Nay: (0) . Motion adopted.
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91-148
91-149
91-150
91-151
ADMINISTRATION
(8.1) Third Reading Ordinance 91-9435, authorizing issuance of a request
for proposals, setting dates for response, establishing standards for review
of Salina Cable TV's request for a franchise renewal, establishing procedures
and standards for receiving and reviewing franchise applications by others,
establishing legal qualifications for a franchise, and requiring that any
cable system obtain a franchise.
(Amend the ordinance to include designation of Access Management
Entity, then adopt as amended.)
Dennis Kissinger, City Manager, said staff received new information
and recommended this item be tabled until April 22, 1991.
Moved by Commissioner Ryan, seconded by Commissioner Beggs that
third reading of Ordinance 91-9435 be tabled until April 22, 1991. Aye: (5).
Nay: (0) . Motion adopted.
(8.2) Second Reading Ordinance Number 91-9436, relating to certain
licenses issued by the City and repealing Sections 6-1, 6-76, 6-77, 6-86,
6-87, 6-88, 6-89, 6-90, 6-91, 6-92, 6-106, 6-116, 6-117, 6-118, 6-119, 6-141,
6-1423, 6-143, 6-144, 6-156, 6-157, 6-158, 6-159, 6-166, 6-167, 6-168, 6-169,
6-1701 40-16, 40-17, 40-18, 40-19, 40-20, 40-21, 40-22, 40-23, 40-24, 40-25,
40-26, 40-27, 40-28, 40-29, 40-30 and Chapter 7.5 of the Salina Code.
Dennis Kissinger, City Manager, provided background on this item
and companion items 8.3 and 8.4
Moved by Commissioner Warner, seconded by Commissioner Ryan that
Ordinance Number 91-9436, relating to certain licenses issued by the City and
repealing Sections 6-1, 6-76, 6-77, 6-86, 6-87, 6-88, 6-89, 6-90, 6-91, 6-92,
6-106, 6-116, 6-117, 6-118, 6-119, 6-141, 6-142, 6-143, 6-144, 6-156, 6-157,
6-158, 6-159, 6-166, 6-167, 6-168, 6-169, 6-170, 40-16, 40-17, 40-18, 40-19,
40-20, 40-21, 40-22, 40-23, 40-24, 40-25, 40-26, 40-27, 40-28, 40-29, 40-30
and Chapter 7.5 of the Salina Code, be adopted. Aye: Beggs, Divine, Ryan,
Warner, Frank. (5). Nay: (0). Motion adopted.
(8.3) Second Reading Ordinance Number 91-9437, amending Section 28-1 of
the Salina Code regarding the licensing of ice cream vendors and itinerant
canvassers.
Moved by Commissioner Ryan, seconded by Commissioner Warner that
Ordinance Number 91-9437, amending Section 28-1 of the Salina Code regarding
the licensing of ice cream vendors and itinerant canvassers, be adopted.
Aye: Beggs, Divine , Ryan, Warner, Frank. (5) . Nay: (0) . Motion adopted.
(8.4) Resolution Number 91-4295, establishing all license fees, permit
fees and other user related fees or charges, pursuant to Section 2-2 of the
Salina Code, amending Resolution 89-4096 and repealing the existing resolution.
Moved by Commissioner Ryan, seconded by Commissioner Divine that
Resolution Number 91-4295, establishing all license fees, permit fees and
other user related fees or charges, pursuant to Section 2-2 of the Salina
Code, amending Resolution 89-4096 and repealing the existing resolution, be
adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.5) Reconsideration of Resolution Number 91-4291, authorizing the Mayor
to execute an agreement with Daktronics, Inc. of South Dakota to upgrade the
four-sided scoreboard, add a new ticket area message center and change
control systems to modernize the system at the Bicentennial Center. (This
item was tabled at the April 8, 1991 meeting.)
Moved by Commissioner Divine, seconded by Commissioner Beggs
that Resolution Number 91-4291 be removed from the table for consideration.
Aye: (5) . Nay: (0) . Motion adopted.
Dennis Kissinger, City Manager, said staff is not ready to proceed
and recommended this resolution be defeated.
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91-153
91-154
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91-156
Moved
by Commissioner Divine,
seconded by Commissioner Warner
that Resolution
Number 91-4291, authorizing the
Mayor to execute an
agreement with
Daktronics, Inc. of South
Dakota to
upgrade the four-sided
scoreboard, add
a new ticket area message
center and
change control systems
to modernize the
system, be adopted. Aye:
(0) . Nay:
(5) . Motion defeated.
(8.6) Consideration of the project authorization for the 1991 office
renovation project at the City -County Building.
Robert Biles, Director of Finance and Administration, explained this
project will include work in the City Manager's office, City Clerk's office,
Personnel, Planning and Engineering. He said part of the reason for the
renovation is to improve customer service.
The City Commissioners and staff discussed the project financing.
Moved by Commissioner Ryan, seconded by Commissioner Divine that
the 1991 office renovation project with alternate, be authorized for an
additional $10,272.00. Aye: (5) . Nay: (0) . Motion adopted.
(8.7) Report on bids received Tuesday, April 2, 1991 for Engineering
Project 91-829 for the demountable partition reorganization project. (Award
the contract for the Base Bid and Alternate No. 1 ( Engineering and Planning
Offices) to Leroy Newell Construction in the amount of $10,271.42.)
Robert Biles, Director of Finance and Administration, reported that
four bids were received, and because they were favorable, staff recommended
the contract be awarded to Leroy Newell Construction for the base and
alternate bids.
Moved by Commissioner Divine, seconded by Commissioner
Warner that the contract for Engineering Project 91-829 for the demountable
partition reorganization project for the Base Bid and Alternate No. 1
( Engineering and Planning Offices) be awarded to Leroy Newell Construction in
the amount of $10,271.42. Aye: (5) . Nay: (0) . Motion adopted.
(8.8) Report on proposals received to provide various components of the
self-insured workers compensation program. (Accept GAB and Employers
Reinsurance Corporation in the total amount of $36,361.)
Keith Rawlings, Risk Manager, provided the background on this
program and reported on the proposals received.
John King, Insurers and Investors, discussed the City's loss history
and possible savings to the City.
Moved by Commissioner Warner, seconded by Commissioner Ryan that
the staff recommendation be accepted and that GAB and Employers Reinsurance
Corporation's proposals be accepted to provide various components of the
self-insured workers compensation program in the amount of $36,361. Aye:
(5) . Nay: (0) . Motion adopted.
(8.9) Resolution Number 91-4296 authorizing the Mayor to execute, and the
City Clerk to attest, an agreement for consulting services between the City of
Salina, Kansas and Betty Jo White, Associate Professor of Housing at Kansas
State University, for a cost not to exceed $3,000.
Roy Dudark, Director of Planning and Community Development,
explained this study will evaluate the housing needs in Salina and will
identify the existing housing programs. He reported the six local banks in
Salina are financially underwriting the contract for the housing needs
assessment.
Moved by Commissioner Warner, seconded by Commissioner Beggs
that Resolution Number 91-4296 authorizing the Mayor to execute, and the City
Clerk to attest, an agreement for consulting services between the City of
Salina, Kansas and Betty Jo White, Associate Professor of Housing at Kansas
91-157
91-158
91-159
State University, for a cost not to exceed $3,000, be adopted. Aye: (5).
Nay: (0) . Motion adopted.
(8.10) Resolution Number 91-4297, authorizing the Mayor to execute, and
the City Clerk to attest, an agreement between the City of Salina, Kansas and
Pepsi-Cola Bottling Company of Salina, Inc., concerning the contribution of a
scoreboard by Pepsi-Cola to the City.
Steve Snyder, Director of Parks and Recreation, explained this is a
part of the public/private joint venture to develop the Premier Baseball field
and East Crawford Recreation area. He described the terms of the agreement.
Moved by Commissioner Divine, seconded by Commissioners Beggs
that Resolution Number 91-4297, authorizing the Mayor to execute, and the
City Clerk to attest, an agreement between the City of Salina, Kansas and
Pepsi-Cola Bottling Company of Salina, Inc., concerning the contribution of a
scoreboard by Pepsi-Cola to the City, be adopted. Aye: (5) . Nay: (0) .
Motion adopted.
( 8.11) Report on bids received March 19, 1991 for Engineering Project
91-824 for the construction of a restroom/concession facility at the Premier
Baseball Field located at the East Crawford Recreation area. (Award the
contract to Don Vancil Construction in the amount of $55,900.) (This item was
tabled April 8, 1991) .
Moved by Commissioner Divine, seconded by Commissioner Warner
that the bids for Engineering Project 91-824 be removed from the table for
consideration. Aye: (5) . Nay: (0) . Motion adopted.
Steve Snyder, Director of Parks and Recreation, explained that this
is part of the public/private joint venture project. He said nine bids were
received and staff recommended awarding the contract to Don Vancil
Construction.
Moved by Commissioner Divine, seconded by Commissioner Warner
that the contract for Engineering Project 91-824 for the construction of a
restroom/concession facility at the Premier Baseball Field located at the East
Crawford Recreation area be awarded to Don Vancil Construction in the amount
of $55,900. Aye: (5) . Nay: (0) . Motion adopted.
OTHER BUSINESS
Mayor Frank thanked all the citizens of Salina who voted for him and
who supported him during his tenure as Mayor. He thanked the City
Commissioners and city staff for all their hard work; and thanked his family
for their patience and support during his term.
ORGANIZATIONAL MEETING
The Board of Commissioners convened for the purpose of
organizing. Jacqueline Shiever, City Clerk, presiding.
The City Clerk administered the oath of office to Peter F.
Brungardt, John Divine and Joseph A. Warner, the newly elected
Commissioners, and having the proper bonds on file, they took their places on
the Board of Commissioners.
There were present:
Commissioner Carol E. Beggs
Commissioner Peter F. Brungardt
Commissioner John Divine
Commissioner Stephen C. Ryan
Commissioner Joseph A. Warner
91-160
91-161
91-162
comprising a quorum of the Board, also present:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Jacqueline Shiever, City Clerk
Absent:
None
Moved by Commissioner Warner, seconded by Commissioner Beggs
that Commissioner Ryan be elected Mayor and Chairman of the Board of
Commissioners.
There were no other nominations. The presiding officer declared
the nominations closed and a vote taken. Aye: (5) . Nay: (0) . Commissioner
Ryan was declared unanimously elected Mayor and Chariman of the Board of
Commissioners.
Moved by Commissioner Divine, seconded by Commissioner Ryan that
Commissioner Beggs be nominated for Acting Mayor and Vice Chairman of the
Board of Commissioners.
There were no other nominations. The presiding officer declared
the nominations closed and a vote taken. Aye: (5) . Nay: (0) . Motion
adopted. Commissioner Beggs was declared unanimously elected Acting Mayor
and Vice Chairman of the Board of Commissioners.
Mayor Ryan presented a plaque and gavel to Robert E. Frank in
appreciation of his term as Mayor from April 16, 1990 to April 15, 1991.
Mayor Ryan thanked the citizens who take the responsibility to vote
and said he is looking forward to carrying out goals set for Salina.
ADJOURNMENT
Moved by Commissioner Warner, seconded by
that the Regular Meeting of the Board of Commissioners
(5) . Nay: (0) . Motion adopted. The meeting adjourned
*Stepeen"C. R n, Mayor
(SEAL)
ATTEST:
Jacque4ine Shiever, City Clerk
Commissioner Beggs
be adjourned. Aye:
at 6:44 p.m.