12-18-1989 MinutesAction
89-486
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
DECEMBER 18, 1989
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, December 18, 1989, at 4:00
p.m.
There were present:
Mayor Joseph A. Warner, Chairman presiding
Commissioner Carol E. Beggs
Commissioner Robert E. Frank
Commissioner Stephen C. Ryan
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
CITIZEN FORUM
Randy Sterrett, 721 North Seventh Street, reviewed some of the
accomplishments in Salina during 1989, then presented Commissioner Carol Beggs
with a plaque designating him "Commissioner of the Year," according to General
Services Construction in conjunction with Saline County Association of
Taxpayers.
AWARDS - PROCLAMATIONS
None
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1)
Public
Hearing on Petition
3984, filed by Warren Schmidt, representing
Brown
Welding
Supply, Inc., for
the vacation of the alley between Brown
Welding
Supply
and the old Everett
Lumber Company buildings.
The Mayor declared the public hearing open.
Warren Schmidt, 603 South Delaware, recapped the necessity to vacate
the alley and asked for City Commission approval.
There were no other comments filed, written or oral, so the Mayor
declared the public hearing closed.
(5.1a) Introduce Ordinance Number 90-9367, providing for the vacation of
a portion of a certain north -south alley between Santa Fe Avenue and
Seventh Street in the Original Townsite of Salina, Saline County, Kansas.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
Ordinance Number 90-9367, providing for the vacation of a portion of a certain
north -south alley between Santa Fe Avenue and Seventh Street in the Original
Townsite of Salina, Saline County, Kansas, be introduced for first reading.
Aye: (4). Nay: (0). Motion adopted.
(5.2) Public Hearing on the possible issuance of Nursing Home Revenue
Refunding Bonds for Windsor Nursing Home in an amount not to exceed
$1,450,000.
The Mayor declared the public hearing open.
Action #
89-487
89-488
89-489
Dave Malone, Senior Vice President of Cooper, Malone, McClain, Inc.,
Wichita, Kansas, was present to answer questions and asked for City Commission
approval of the project.
Greg Bengtson, City Attorney, reviewed the Windsor Nursing Home
IRB issue.
There were no other comments filed, written or oral, so the Mayor
declared the public hearing closed.
(5.2a) Resolution Number 89-4151, declaring it necessary and advisable to
refund certain outstanding nursing home revenue bonds of the City and to
issue industrial revenue refunding bonds in an amount not to exceed
$1,450,000 to pay the cost thereof.
Moved by
Commissioner Beggs, seconded
by Commissioner Frank that
Resolution Number
89-4151,
declaring it necessary and advisable to refund
certain outstanding
nursing
home revenue bonds
of the City and to issue
industrial revenue refunding
bonds in an amount not
to exceed $1,450,000 to pay
the cost thereof, be
adopted.
Aye: (4). Nay: (0).
Motion adopted.
With the consent of the City Commissioners, the Mayor moved
Development Item 7.1 to item 5.3 to be considered as a public hearing.
(5.3) Request for Budget Amendment and Time Extension (CDBG Housing
Rehabilitation Program Project 88 -HR -027).
Mayor Warner declared the public hearing open.
There were no comments, written or oral filed, so the Mayor declared
the public hearing closed.
Roy Dudark, Director of Planning and Community Development,
reviewed the CDBG housing program and the need to move funds from the loan
category to the grant category.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
staff be commended for the budget amendment and that the budget amendment
and time extension be filed with the Kansas Department of Commerce for CDBG
Housing Rehabilitation Program Project 88 -HR -027. Aye: (4). Nay: (0). Motion
adopted.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting December 11, 1989.
Moved by Commissioner Frank, seconded by Commissioner Beggs that
the Consent Agenda item be approved. Aye (4). Nay (0). Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Considered as item 5.3.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 89-9366, ordering the
condemnation and acquisition of certain right-of-way, permanent easements and
temporary construction easements for the use of the City of Salina, Kansas, for
the purpose of constructing, installing, repairing, replacing, and maintaining
public street improvements, public utilities, public sidewalk and street signage in
perpetuity, in conjunction with the Ninth Street and Crawford Avenue
Intersection Improvement Project (Engineering Project 89-796) pursuant to
K.S.A. Chapter 26, and amendments thereto, as the same relates to
condemnation by cities and further pursuant to Resolution Number 89-4147 of the
City of Salina, Kansas.
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Action
89-490
89-491
89-492
89-493
89-494
Moved by Commissioner Frank, seconded by Commissioner Ryan that
Ordinance Number 89-9366, ordering the condemnation and acquisition of certain
right-of-way, permanent easements and temporary construction easements for the
use of the City of Salina, Kansas, for the purpose of constructing, installing,
repairing, replacing, and maintaining public street improvements, public utilities,
public sidewalk and street signage in perpetuity, in conjunction with the Ninth
Street and Crawford Avenue Intersection Improvement Project (Engineering
Project 89-796) pursuant to K.S.A. Chapter 26, and amendments thereto, as the
same relates to condemnation by cities and further pursuant to Resolution
Number 89-4147 of the City of Salina, Kansas, be adopted. Aye: Beggs, Frank,
Ryan, Warner. (4). Nay: (0). Commissioner Divine absent. Motion adopted.
(8.2) First Reading Ordinance Number 90-9368, levying the annual Business
Improvement District service fees for 1990 applicable to all businesses located
within the Salina Business Improvement District Number 1 , and repealing
Ordinance Number 88-9284.
Judy Ewalt, Director of Salina Downtown, Inc. , presented handouts to
the Commissioners and then reviewed the BID assessments and how the
assessments are figured. She reviewed the results of the vote of the businesses
in the Business Improvement District and reported that, from the ballots
returned, the vote was 2 to 1 in favor of the BID assessment.
Larry Dunlap, Chairman of the Business Improvement District Advisory
Board, discussed the results of the BID balloting.
Moved by Commissioner Frank, seconded by Commissioner Beggs that
Ordinance Number 90-9368, levying the annual Business Improvement District
service fees for 1990 applicable to all businesses located within the Salina
Business Improvement District Number 1, and repealing Ordinance Number
88-9284, be introduced for the first reading. Aye: (4) . Nay: (0) . Motion
adopted.
(8.3) Resolution Number 89-4149, prescribing the corporate limits of the
City of Salina, Kansas, including land described in Ordinance Numbers 89-9301,
89-9315, 89-9319, 89-9364, 89-9365, and repealing Resolution Number 88-4040.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
Resolution Number 89-4149, prescribing the corporate limits of the City of
Salina, Kansas, including land described in Ordinance Numbers 89-9301, 89-9315,
89-9319, 89-9364, 89-9365, and repealing Resolution Number 88-4040, be adopted.
Aye: (4). Nay: (0). Motion adopted.
(8.4) Resolution Number 89-4150, authorizing the Mayor to execute and the
City Clerk to attest, an agreement between the City of Salina, Kansas, and
Salina Art Center, Inc. for renovation, maintenance, utilities and janitorial
services, and superseding the agreement dated June 15, 1987.
Bob Biles, Director of Finance, reviewed the agreement and
asked for
City Commission approval.
Moved by Commissioner Frank, seconded by Commissioner
Ryan
that
Resolution Number 89-4150, authorizing the
Mayor to execute and the
City Clerk
to attest, an agreement between the City
of Salina, Kansas, and
Salina
Art
Center, Inc. for renovation, maintenance,
utilities and janitorial services,
and
superseding the agreement dated June 15,
1987, be adopted. Aye:
(4).
Nay:
(0). Motion adopted.
(8.5) Set the date of Tuesday, January 16, 1990 to receive bids for the
purchase of vehicles and equipment.
Moved by Commissioner Frank, seconded by Commissioner Beggs that
Tuesday, January 16, 1990 be set as the date to receive bids for the purchase
of certain vehicles and equipment. Aye: (4). Nay: (0). Motion adopted.
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Action #
89-495
89-496
—89-497
(8.6) City Engineer filed plans and specifications for the Community
Theatre expansion project, Engineering Project 88-779. Set the date of
Thursday, February 8, 1990 to receive bids.
Don Hoff, Acting City Engineer, reviewed the activity on the Salina
Community Theatre addition project and said that at City Commission direction a
date to receive bids is in order.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
the plans and specifications for Engineering Project 88-779 be accepted and that
Thursday, February 8, 1990 be set as the date to receive bids for the Salina
Community Theater expansion project. Aye: (4) . Nay: (0) . Motion adopted.
(8.7) Report on City Ordinances regulating distribution of flyers,
advertising materials, etc.
Dennis Kissinger, City Manager, reviewed the matter of equitable
enforcement of Chapter 3 of the Salina Code, as requested by the Saline County
Association of Taxpayers. Mr. Kissinger gave the City Commissioners the
options to make the chapter stricter, more lenient or to leave the Chapter as it
is. He said he believes that the requirements of Chapter 3 of the Salina Code
are being enforced equitably.
Ernest Cole, 153 South Front, explained that this ordinance interferes
with his distribution of information to the public and should be taken from the
Salina Code.
The City Commission took no action on the matter.
(8.8) Report on bids received December 14, 1989 for demolition of unsafe
structures. [Award the contract to Johnson Farms in the amount of $2,445.001
Don Hoff, Acting City Engineer, reviewed the bids and recommended
that the contract be awarded to Johnson Farms.
Moved by Commissioner Frank, seconded by Commissioner Beggs that
the recommendation of the City Engineer be accepted and that the contract be
awarded to Johnson Farms in the amount of $2,445.00. Aye: (4) . Nay: (0) .
Motion adopted.
Randy Sterrett, General Services Construction, cautioned the City
Commission about this job. He said that many of the people whose property on
which these unsafe structures are located are not financially able to pay an
assessment for the demolition and asked if the CDBG grants and loans could help
them with the assessment.
The Commissioners asked Mr. Dudark to investigate the availability of
funds to help pay for the demolition.
(8.9) Report on bids received November 30, 1989 for Engineering Project
89-792b for installation of an underground sprinkler system at Bill Burke
Memorial Park. [Award the contract to Earthcare Services, Inc. for the base
bid and alternate #1 in the amount of $73,511.461
Steve Snyder, Director of Parks and Recreation, reviewed the bids
and recommended the contract be awarded to Earthcare Services, Inc.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
the recommendation of the Director of Parks & Recreation be accepted and that
the contract for Engineering Project 89-792b be awarded to Earthcare Services,
Inc. in the amount of $73,511.46. Aye: (4) . Nay: (0) . Motion adopted.
Kuhn -Cox Printing — S,1—, K.....
Action #
89-498
89-499
(8.10) Report on bids received December 14, 1989 for Engineering Project
89-792c for the lighting project for five Bill Burke fields and one East Crawford
field. [Award the contract to B & W Electric in the amount of $153,000.001
Steve Snyder, Director of Parks and Recreation, reviewed the bids
and recommended the contract be awarded to B & W Electric.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
the recommendation of the Director of Parks 8 Recreation be accepted and that
the contract be awarded to B 8 W Electric in the amount of $153,000.00. Aye:
(4) . Nay: (0) . Motion adopted.
OTHER BUSINESS
The Mayor announced the Neighborhood Open Forum will be held at
7:00 p.m. in the Community Room of the Central Mall.
The Mayor announced that there will be no regular meetings on
December 25, which is Christmas, and January 1, which is New Year's Day.
ADJOURNMENT
Moved by Commissioner Ryan, seconded by Commissioner Frank that
the regular meeting of the Board of Commissioners be adjourned. Aye (4).
Nay: (0). Motion adopted. The meeting adjourned at 5:59 p.m.
[SEAL]
ATTEST:
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Jacqueline Shiever, City Clerk
sep A. Warner, Mayor