02-25-1991 MinutesAction
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
FEBRUARY 25, 1991
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, February 25, 1991, at 4:00
p.m.
There were present:
Mayor Robert E. Frank, Chairman presiding
Commissioner Carol E. Beggs
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:
Commissioner John Divine
None
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) Mayor Frank introduced Karen Graves, Chair of the Salina Arts and
Humanities Commission, Martha Rhea, Lana Jordan, Connie Burket, Marlene Stine
of the Arts and Humanities Department. Karen Graves, thanked the City
Commission for nominating the Salina Arts and Humanities Commission for the
award in its 25th year and presented the 1991 Governor's Arts Award to the
Mayor.
Martha Rhea, Director of the Arts and Humanities Department,
presented a poster to each City Commissioner.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Commission consideration of property tax status (payment in lieu of
taxes) for buildings constructed and related equipment purchased by KASA
Industrial Controls, Inc. with Industrial Revenue Bond proceeds.
(5.1a) Public Hearing on the possible issuance of $400,000 Industrial
Revenue Bonds for KASA Industrial Controls, Inc.
(5.1b) First Reading Ordinance Number 91-9426, authorizing the City of
Salina, Kansas to issue its Industrial Revenue Bonds, Series 1991 (KASA
Industrial Controls, Inc.) in the aggregate principal amount of $400,000 for
the purposes of acquiring, constructing and equipping an industrial
project; authorizing execution of a trust indenture by and between the City
and First National Bank and Trust, in the City of Salina, Kansas, as
trustee (the "Trustee") ; authorizing execution of a lease between the City
and KASA Industrial Controls, Inc. (the "Tenant"); approving the form of
a guaranty agreement by and among the Tenant, Karl R. Stutterheim and
Connie L. Stutterheim and Sam C. Sheppard and Patricia A. Sheppard as
guarantors and the Trustee; and authorizing the execution of a bond
purchase agreement by and among the City, the Tenant and J. 0. Davidson
and Associates, Inc., as purchaser of the bonds.
Dennis M. Kissinger, City Manager, asked the City Commission to
consider property tax status prior to the public hearing. He explained the
Commission's options as 1) require no payment in lieu of taxes; 2) require
partial payment in lieu of taxes; 3) require full payment in lieu of taxes; or
require a waiver from tax exemption.
Action
91-061
91-062
91-063
Dean Owens, Attorney for the applicant, expressed appreciation for
consideration by the Commission. He reviewed the history of IRB exemptions
and asked the City Commission to require no payment in lieu of taxes or any
waiver of the State granted exemption and to adopt the ordinance to issue the
bonds.
Karl Stutterheim, President of KASA Industrial Controls, said the
company is home owned and they want to stay in Salina. He said the company
started with 28 employees in 1978. In 1979 it had grown to 37, and in 1990 had
grown to 59. He asked for favorable consideration of tax exemption for the
company.
Greg Bengtson, City Attorney, instructed the City Commissioners to
consider this matter on its own merits.
Robert
Bostater
said he evaluated locations for
Westinghouse in the
past. He said
tax exemption
is a significant factor in
considering future
investment. He
said the
critical years aren't the first
three years for a
manufacturing plant, they
are later years and suggested the
best policy is to
give as much tax
abatement
as possible.
the City Planning
Moved by Commissioner Ryan, seconded by Commissioner Warner that
the City require no payment in lieu of taxes and allow tax exempt status for ten
years. Aye: Beggs, Ryan, Warner (3). Nay: Frank (1). Motion adopted.
Mayor Frank declared the public hearing open. There were no
comments, written or oral, so Mayor Frank declared the public hearing closed.
Moved by Commissioner Ryan, seconded by Commissioner Warner that
Ordinance Number 91-9426, authorizing the City of Salina, Kansas to issue its
Industrial Revenue Bonds, Series 1991 (KASA Industrial Controls, Inc.) in the
aggregate principal amount of $400,000 for the purposes of acquiring,
constructing and equipping an industrial project; authorizing execution of a
trust indenture by and between the City and First National Bank and Trust, in
the City of Salina, Kansas, as Trustee (the "Trustee"); authorizing execution of
a lease between the City and KASA Industrial Controls, Inc. (the "Tenant");
approving the form of a guaranty agreement by and among the Tenant,
Karl R. Stutterheim and Connie L. Stutterheim and Sam C. Sheppard and
Patricia A. Sheppard as guarantors and the trustee; and authorizing the
execution of a bond purchase agreement by and among the City, the Tenant and
J. O. Davidson 8 Associates, Inc., as purchaser of the bonds, be introduced
for first reading. Aye: Beggs, Ryan, Warner (3). Nay: Frank (1). Motion
adopted.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting February 11, 1991.
(6.2) Approve the Minutes of the Special Meeting February 19, 1991.
Moved by Commissioner
Warner, seconded by
Commissioner Ryan that
all items on the Consent Agenda
be approved. Aye:
(4) . Nay:
(0) .
Motion
adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation from
the City Planning
Commission
that
Zoning
Application 90-19, filed by Millard
Pace for the rezoning of a 79' x
130'
tract of
land at Patio Mobile Manor at
1200 West Crawford
to District
C-6
(Heavy
Industrial) be denied.
Roy Dudark, Director of Planning and Community Development,
reviewed the application and the recommendation of the City Planning Commission
to deny the rezoning application.
Rick Pace, said he has a written agreement for use of an easement to
access his property.
Action
91-064
91-065
91-066
91-067
91-068
Robert Bostater, Salina Building Company, owner of the easement in
question, said the easement was sufficient for access to the property in the past
and feels it should be sufficient now.
Moved by Commissioner Warner, seconded by Commissioner Ryan that
the recommendation of the City Planning Commission be accepted and that Zoning
Application 90-19 be denied. Aye: (4). Nay: (0). Motion adopted.
ADMINISTRATION
(8.1) Authorize Change Order Number 3 for West Crawford Street
Improvements from Montrose Street to Broadway Boulevard.
Don Hoff, Director of Engineering and Utilities, explained the
necessity of installing a force main from the east line of the Holidome property to
Sunset Plaza to tie into a pumping station to relieve overloading problems in the
area. The change order, in the amount of $60,029, would allow the contractor
to proceed while the street is under construction.
Moved by Commissioner Ryan, seconded by Commissioner Beggs that
the staff recommendation be accepted and that Change Order Number 3, in the
amount of $60,029, be approved. Aye: (4) . Nay: (0) . Motion adopted.
(8.2) Consideration of the sale of Lot 11, Block "D", Park West Addition.
Robert K. Biles, Director of Finance and Administration, reviewed the
offer to purchase Lot 11, Block "D", Park West Addition submitted by Robert L.
Marietta and recommended the property be sold.
Moved by Commissioner Warner, seconded by Commissioner Beggs that
staff be authorized to sell Lot 11, Block "D", Park West Addition to the City of
Salina, Saline County, Kansas for $4,500 to Robert L. Marietta. Aye: (4).
Nay: (0) . Motion adopted.
(8.3) Resolution Number 91-4278, authorizing the Mayor to execute an
agreement between the City of Salina, Kansas and Salina Baseball Enterprises,
Inc., regarding the completion, improvement, upgrading and use of the Premier
Baseball Facility at the East Crawford Recreation Area.
Steve Snyder, Director of Parks and Recreation, reviewed the
development of the Premier Baseball Facility and practice fields and the proposed
agreement with the Salina Baseball Enterprises, Inc. for development and use.
He asked the City Commission to approve the agreement.
Gary Ray, expressed his support for the agreement. He said fund
raising will be done in a 30 day period and that contributions have been liberal.
William Frank Schwarz, Jr., said he has been American Legion baseball
chairman for the last five years and these facilities will generate funds for the
community.
Moved by Commissioner Ryan, seconded by Commissioner Warner that
Resolution Number 91-4278, authorizing the Mayor to execute an agreement
between the City of Salina, Kansas and Salina Baseball Enterprises, Inc.,
regarding the completion, improvement, upgrading and use of the Premier
Baseball Facility at the East Crawford Recreation Area, be adopted. Aye: (4).
Nay: (0). Motion adopted.
(8.4) Set the date of March 19, 1991 to receive bids for the construction of
a Concession and Restroom facility at the East Crawford Recreation Area.
Moved by Commissioner Warner, seconded by Commissioner Beggs that
March 19, 1991 be set as the date to receive bids for the construction of a
Concession and Restroom facility at the East Crawford Recreation Area. Aye:
(4). Nay: (0). Motion adopted.
Action
91-069
91-070
91-071
(8.5) Resolution Number 91-4279, appointing members to the Accessibility
Advisory Board, Building Codes Advisory and Appeals Board, Housing Authority
of the City of Salina, Kansas, Human Relations Commission, Library Board,
Salina Airport Authority, and Saline County Community Corrections Advisory
Board.
Moved by Commissioner Warner, seconded by Commissioner Beggs that
Resolution Number 91-4279, appointing members to the Accessibility Advisory
Board, Building Codes Advisory and Appeals Board, Housing Authority of the
City of Salina, Kansas, Human Relations Commission, Library Board, Salina
Airport Authority, and Saline County Community Corrections Advisory Board, be
adopted. Aye: (4) . Nay: (0) . Motion adopted.
(8.6) Request for Executive Session to discuss Cable Television negotiations
with the City Attorney.
Moved by Commissioner Warner, seconded by Commissioner Beggs that
the City Commission 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.
The Commissioners recessed at 5:45 p.m. and reconvened at 6:06 p.m.
OTHER BUSINESS
Mayor Frank asked all eligible voters to vote in the City Primary
Election on February 26th.
ADJOURNMENT
Moved by Commissioner Ryan, seconded by Commissioner Beggs that
the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4) .
Nay: (0). Motion adopted. The meetin journed at 6:07 p.m.
A I.
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Robert E. Frank, May
[SEAL]
ATTEST:
Jacque ine Shiever, City Clerk