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11-05-1990 MinutesAction 90-404 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS NOVEMBER 5, 1990 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, November 5, 1990, 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 None CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The Mayor proclaimed Saturday, November 3, 1990 as "SAINT FRANCIS ACADEMY DAY." The proclamation was read by Dave Kamp, Public Relations Director of the Saint Francis Academy. (4.2) The Mayor proclaimed the Week of November 11 through 17, 1990 as "AMERICAN EDUCATION WEEK." The proclamation was read by Deena Horst, President of the Salina NEA. (4.3) The Mayor proclaimed Sunday, November 11, 1990 as "VETERANS DAY." The proclamation will be read by Clarence Walker, Commander of the American Legion and Larry Wegner, Historian of the American Legion. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Consideration of an amendment to CDBG Housing Rehabilitation Program Budget. [Project 89 -HR -0991 Mayor Frank declared the public hearing open. Roy Dudark, Director of Planning and Community Development, reviewed the application and asked the City Commission to amend the CDBG Housing Rehabilitation Program Budget by transferring $26,600 from the loan program to the grant program and $3,000 into work write-ups for administration. There were no comments, written or oral, filed. Mayor Frank declared the public hearing closed. Moved by Commissioner Ryan, seconded by Commissioner Warner that the recommendation of the Director of Planning and Community Development be accepted, and that the CDBG Housing Rehabilitation Program Budget for Project 89 -HR -099, be amended by transferring $26,600 from the loan program to the grant program and $3,000 into work write-ups to administer the program, and to authorize the Mayor to sign the document. Aye: (5) . Nay: (0) . Motion adopted. Action 90-405 90-406 90-407 90-408 (5.2) Public Hearing regarding the possible issuance of $400,000 Industrial Revenue Bonds for KASA Industrial Controls, Inc. (5.2a) Resolution Number 90-4245, [Resolution of intent to issue] Mayor Frank declared the public hearing open. Greg Bengtson, City Attorney, reviewed the Industrial Revenue Bond application. Dean Owens, Attorney for the KASA Industrial Controls, introduced Karl Stutterheim, President, Sam Shepard, Vice-president, and Steve Shogrun, consultant from Ranson and Company. He reviewed the application, explained how the funds would be used, described the approximate number of jobs the bond proceeds would create and asked the City Commission to adopt the resolution of intent. There were no other comments, written or oral, filed, so Mayor Frank declared the public hearing closed. Moved by Commissioner Warner, seconded by Commissioner Divine that Resolution Number 90-4245, [resolution of intention to issue industrial revenue bonds], be adopted. Aye: (5) . Nay: (0) . Motion adopted. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting October 22, 1990. Moved by Commissioner Divine, seconded by Commissioner Beggs that the Consent Agenda item be approved with the correction of the beginning date for an additional 14 Sales Tax to be January 1, 1991. Aye: (5) . Nay: (0) . Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that PDD Application 90-2, filed by D & B Investments, for the rezoning of Lots 11, 13, 15, 17, 19, 21 and 23, Block 27, Episcopal Military Institute Addition to PDD/MH-S (Planned Development District for manufactured homes), be denied. Roy Dudark, Director of Planning and Community Development, reviewed the application and recommendation of the City Planning Commission. Robert Gile, D 6 B Investments, explained that they are trying to develop lots in North Salina and make low income housing available. The Commissioners and staff discussed the possibilities and problems of the Planned Development District. Moved by Commissioner Divine, seconded by Commissioner Ryan that PDD Application 90-2 be returned to the City Planning Commission for reconsideration. That the City Planning Commission be instructed to determine how to make this application work and come back to the City Commission with a recommendation for the use of these lots. That the CPC review the number of houses built versus the lots and areas on a tax sale, and to take into consideration the option of staff not to buy lots in the area. Aye: (5). Nay: (0) . Motion adopted. ADMINISTRATION (8.1) Second Reading Ordinance Number 90-9414, regulating traffic within the corporate limits of the City of Salina, Kansas; incorporating by reference the "Standard Traffic Ordinance for Kansas Cities," edition of 1990 and repealing existing Salina Code Section 38-1. Moved by Commissioner Warner, seconded by Commissioner Ryan that Ordinance Number 90-9414, regulating traffic within the corporate limits of the City of Salina, Kansas; incorporating by reference the "Standard Traffic Ordinance for Kansas Cities," edition of 1990 and repealing existing Salina Code Section 38-1, be adopted. Aye: Beggs, Divine, Ryan, Warner, Frank. (5) . Nay: (0). Motion adopted. Action 90-409 90-410 90-411 90-412 (8.2) Second Reading Ordinance Number 90-9415, levying the annual Business Improvement District Service Fees for 1991 applicable to all businesses located within the Salina Business Improvement District Number 1 and repealing Ordinance Number 90-9368. Judy Ewalt, Coordinator of Salina Downtown, Inc., reviewed the fee structure for areas 1, 2 and 3 and the accounts outstanding. Larry Dunlap, Chairman of the Business Improvement District Advisory Board, reviewed the reaction to the proposed 1991 BID rates. He asked that more information be put on the invoice. Moved by Commissioner Divine, seconded by Commissioner Beggs that Ordinance Number 90-9415, levying the annual Business Improvement District Service Fees for 1991 applicable to all businesses located within the Salina Business Improvement District Number 1 and repealing Ordinance Number 90-9368, be adopted. Aye: Beggs, Divine, Ryan, Warner, Frank. (5). Nay: (0) . Motion adopted. (8.3) Recommendation from the Business Improvement District Board of Advisors to change some of the parking limits in the parking lots and on -street parking in downtown Salina. [If the recommendation is approved, a resolution amending the present parking limits will be on the agenda for consideration on November 19, 1990.1 Bud Jilka, 131 South Santa Fe, member of the parking committee of the Business Improvement District Board of Advisors, reported on the changes requested by the parking committee and asked that the recommendation be accepted. Moved by Commissioner Warner, seconded by Commissioner Ryan that the recommendation of the Business Improvement District Board of Advisors be accepted and that staff be instructed to draft a resolution to change some of the parking limits in the parking lots and on -street parking in downtown Salina. Aye: (5) . Nay: (0) . Motion adopted. (8.4) Report on bids received October 30, 1990 for the West Crawford Street Flood Protection Project (Engineering Project 90-814) . Shawn O'Leary, Assistant City Engineer, reported on the bids received October 30, 1990 and asked that all bids be rejected and the Engineering Department be authorized to execute a change order in the amount of $49,323 to construct the gate well structure, pipe and excavation, with the backfill to be handled by force account at a cost not to exceed $23,060. Moved by Commissioner Ryan, seconded by Commissioner Beggs that the recommendation of the City Engineer be accepted, that all bids be rejected, that the gate well structure, pipe and excavation be authorized by a change order with Wilson Constructors in the amount of $49,323, and that the backfill be handled by force account not to exceed $23,060. Aye: (5). Nay: (0). Motion adopted. (8.5) Set the date of November 19, 1990 at 2:00 p.m., C.S.T., as the date and time to receive bids on City of Salina, General Obligation Bonds, Series B-236 in the amount of $455,000 to finance the City's share of the Broadway Overpass Improvements. Moved by Commissioner Warner, seconded by Commissioner Divine that November 19, 1990 at 2:00 p.m., C.S.T, be set at the date and time to receive bids on City of Salina, General Obligation Bonds, Series B-236 in the amount of $455,000 to finance the City's share of Broadway Overpass Improvements. Action 90-413 90-414 90-415 (8.6) Report on the validity of Petition Number 3994 for sidewalk construction around South Middle School. Don Hoff, City Engineer and Director of Utilities, recommended that Petition Number 3994 be denied on the basis that there were insufficient signatures from the precinct. Moved by Commissioner Divine, seconded by Commissioner Ryan that the recommendation of the City Engineer be accepted and that Petition Number 3994 be denied. Aye: (5) . Nay: (0) . Motion adopted. (8.7) Request for executive session to discuss a personnel matter. Moved by Commissioner Divine, seconded by Commissioner Warner, that the City Commission recess into executive session for the purpose of discussing a personnel matter involving non -elected personnel for the reason that public discussion of the matter would invade the privacy of the non -elected personnel involved, and reconvene in this room in 10 minutes or at 5:55 p.m. The Board of Commissioners recessed at 5:45 p.m. and reconvened at 5:56 p.m. The Board of Commissioners took no action. OTHER BUSINESS Howard Richard Allen, 1900 Westwood Road, asked if handicapped signage will be enforced soon? The Commissioners and staff assured him the ordinance will be enforced and that a plan will be developed. Commissioner Warner announced there will not be a City Commission meeting on November 12, 1990 as it is Veterans' Day holiday. Commissioner Divine urged everyone to vote at the November 6, 1990 General Election. ADJOURNMENT Moved by Commissioner Ryan, seconded by Commissioner Beggs and Divine that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion adopted. meeting adjourn at 6:03 p.m. Frank, Robert E. Fra, May [SEAL] ATTEST: Jacque ine Shiever, City Clerk KUM1n-Co. Printing —Salina Kansas WAIVER AND CONSENT TO HOLD A SPECIAL MEETING OF THE BOARD OF COMMISSIONERS We, the undersigned, being duly elected, qualified and acting City 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 20th day of November, 1990, at 8:00 a.m., for the purpose of considering the following: 1. Second Reading of Ordinance Number 90-9416, authorizing and directing the issuance, sale and delivery of $455,000 principal amount of General Obligation Internal Improvement Bonds, Series B-236, of the City of Salina, Kansas, for the purpose of providing funds to pay the cost of the construction of improvements to the Broadway Overpass in the City of Salina, Kansas; prescribing the form and details of said bonds; providing for the levy and collection of the necessary taxes for the purpose of paying the principal of and interest on said bonds as they become due; authorizing an agreement between the City and the Bond Registrar; approving the preliminary and final official statements and redeeming outstanding temporary notes. Dated this 19th day of November, 1990. Obert E. r —&Aet-1 Carol Beggs, o ioner C— - ohn Divine, Commissioner Stephen C. Ryan, Commissioner