10-09-1989 MinutesAction
89-366
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
OCTOBER 9, 1989
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, October 9, 1989, at 4:00 p.m.
There were present:
Mayor Joseph A. Warner, Chairman presiding
Commissioner Carol E. Beggs
Commissioner John Divine
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:
None
CITIZEN FORUM
Cheryl Isom, 645 South Third, Administrator of the Emergency Aid
Food Bank, said three churches held an Ugly Art Auction as a fund raiser on
October 7th. She presented "Ugly Art" selections to the City Officials which
were purchased by an anonymous donor.
AWARDS - PROCLAMATIONS
(4.1) Resolution Number 89-4125, expressing gratitude and appreciation to
Robert R. Mermis for serving as Police Patrolman, Detective, Detective Sergeant,
Detective Lieutenant, Police Lieutenant and Police Captain for the Salina Police
Department from January 3, 1966 to September 15, 1989.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
Resolution Number 89-4125, expressing gratitude and appreciation to Robert R.
Mermis for serving as Police Patrolman, Detective, Detective Sergeant, Detective
Lieutenant, Police Lieutenant, Police Captain for the Salina Police Department
from January 3, 1966 to September 15, 1989, be adopted. Aye: (5). Nay: (0).
Motion adopted.
Mayor Warner presented the plaque to Captain Mermis and thanked him
for all his years of dedicated service.
(4.2) The Mayor proclaimed the Week of October 8 through 14, 1989 as
"CRIMESTOPPERS WEEK." The proclamation was read by Roger Morrison, Vice
President of the Salina -Saline County Crimestoppers Board.
(4.2a) Mr. Morrison presented plaques of appreciation to past Crimestopper
Board Members: Judy Weaver, Larry Justus, Roger Meyer.
(4.3) The Mayor proclaimed the Week of October 8 through 14, 1989 as
"FIRE PREVENTION WEEK." The proclamation was read by Carol Vineyard, Fire
Department Educator.
(4.4) The Mayor proclaimed the Week of October 9 through 13, 1989 as
"NATIONAL COURT OBSERVANCE WEEK." The proclamation was read by June
Constable, President of the Salina Legal Secretaries Association.
Action
89-367
89-368
(4.5) The Mayor proclaimed the Week of October 8 through 14, 1989 as
"ALPHA DELTA KAPPA WEEK." The proclamation was read by Maurine Johnson,
ADK Week Publicity Chairman.
(4.6) The Mayor proclaimed the Week of October 15 through 21, 1989 as
"MEDICAL ASSISTANTS WEEK." The proclamation was read by Marcia Feighny,
President of the Saline County Medical Assistants Association.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing on the possible issuance of $4,060,000 Industrial
Revenue Bonds for AHF/Central States, Inc.
(5.1a) Resolution Number 89-4126, a resolution of the Board of
Commissioners of the City of Salina approving the application AHF/Central
States, Inc. for Economic Development Revenue Bond Financing in an
amount not to exceed $4,060,000.
Mayor Warner declared the public hearing open.
Dennis Kissinger, City Manager, reviewed the City staff report and
said the decision before the Commission today is to determine if the application
meets the criteria for City of Salina Industrial Revenue Bond subsidy.
Dean Owens, local attorney for the applicant; Raymond M. Burse,
bond counsel with the firm of Wyatt, Tarrant and Combs of Louisville, Kentucky;
Paul E. Bokelidge, executive vice-president of Pinnacle Care Corporation,
Brentwood, Tennessee; David M. Kaufman, vice-president of AHF/Central States,
Inc. of Dublin, Ohio; discussed the IRB application and answered the questions
posed by City staff and City Commissioners.
Greg Bengtson, City Attorney, explained that the City Commission
must make a finding about the project as it relates to the general public.
Ernest Cole, 153 South Front, expressed his concerns about the
increase in the debt load of the nursing home which will increase the price of
nursing home care.
There were no other comments, written or oral.
The Mayor declared the public hearing closed.
Moved by Commissioner Divine, seconded by Commissioner Ryan that
Resolution Number 89-4126, a resolution of the Board of Commissioners of the
City of Salina approving the application of AHF/Central States, Inc. for Economic
Development Revenue Bond financing in an amount not to exceed $4,060,000, be
approved.
After thorough discussion and statements by the City Commissioners
the Mayor called for a vote on City Commission Action #89-367. Aye: (0) . Nay:
(5) . Motion defeated.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting September 25, 1989.
(6.2) Approve the Minutes of the Special Meeting September 28, 1989.
Moved by Commissioner Frank, seconded by Commissioner Ryan that all
items on the Consent Agenda be approved. Aye: (5). Nay: (0). Motion
adopted.
Action
89-369
89-370
89-371
89-372
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission that Plat
Application 89-7, filed by Duane Talley, for the approval of the final plat of
Rocky Subdivision be approved and the Mayor authorized to sign the final plat.
Roy Dudark, Director of Planning and Community Development,
reviewed the application.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
the recommendation of the City Planning Commission be accepted, that Plat
Application 89-7 be approved and that the Mayor be authorized to sign the final
plat. Aye: (5) . Nay: (0) . Motion adopted.
(7.2) Recommendation from the City Planning Commission that Planned
Development District Application 89-1, filed by Pat Bolen, for rezoning of the
East 101' of Lot 5, all of Lots 6, 7, 8, 9, Block 8, Sunset Manor Addition from
R-1 (Single -Family Residential) to Planned Development District, be approved.
[Introduce Ordinance 89-9347 for first reading]
Roy Dudark, Director of Planning and Community Development,
reviewed the application.
Moved by Commissioner Ryan, seconded by Commissioner Divine that
the recommendation of the City Planning Commission be accepted, that Planned
Development District 89-1 be approved and that Ordinance Number 89-9347,
providing for the amendment of Ordinance Number 8526, the same being Chapter
42 of the Salina Code, and the Zoning District Map therein and thereby adopted
and providing for the rezoning of certain property within the City and
prescribing the proper uses thereof, be introduced for first reading. Aye: (5).
Nay: (0) . Motion adopted.
(7.3) Recommendation from the City Planning Commission that Zoning
Application 89-13, filed by Richard and Lila Bennett, for the rezoning of Lots 27
and 28, Block 16, Pacific Addition from C-5 (Service Commercial) to R-2
(Multi -Family Residential), be approved. [Introduce Ordinance 89-9348 for first
reading]
Roy Dudark, Director of Planning and Community Development,
reviewed the application.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the recommendation of the City Planning Commission be accepted, that Zoning
Application 89-13 be approved and that Ordinance Number 89-9348, providing for
the amendment of Ordinance Number 8526, the same being Chapter 42 of the
Salina Code, and the Zoning District Map therein and thereby adopted and
providing for the rezoning of certain property within the City and prescribing
the proper uses thereof, be introduced for first reading. Aye: (5) . Nay: (0) .
Motion adopted.
(7.4) Resolution Number 89-4127, requesting that property in the City of
Salina be designated as an Enterprise Zone as authorized by K.S.A. 12-17,109
and repealing Resolution Number 89-4054.
Roy Dudark, Director of Planning and Community Development,
reviewed the concept of enterprise zones.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
the recommendation of the City Planning Commission be accepted and that
Resolution Number 89-4127, requesting that property in the City of Salina be
designated as an Enterprise Zone as authorized by K.S.A. 12-17,109 and
repealing Resolution Number 89-4054, be adopted. Aye: (5) . Nay: (0) . Motion
adopted.
Action
89-373
89-374
89-375
89-376
(7.5) Resolution Number 89-4128, determining the incentives to be provided
by the City of Salina for Enterprise Zones; and repealing Resolution Number
89-4055.
Roy Dudark, Director of Planning and Community Development,
reviewed enterprise zones incentives.
Moved by Commissioner Frank, seconded by Commissioner Ryan that
Resolution Number 89-4128, determining the incentives to be provided by the
City of Salina for Enterprise Zones; and repealing Resolution Number 89-4055, be
approved. Aye: (5) . Nay: (0) . Motion adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 89-9344, providing for the vacation
of a portion of a public alley in Hanly's Addition. [Requested in Petition 3971
filed by Vincent and Patricia Klenda]
Moved by Commissioner Divine, seconded by Commissioner Frank that
Ordinance Number 89-9344, providing for the vacation of a portion of a public
alley in Hanly's Addition, be adopted. Aye: Beggs, Divine, Frank, Ryan,
Warner (5) . Nay: (0) . Motion adopted.
(8.2) Second Reading Ordinance Number 89-9345, providing for the vacation
of the South 10' of Woodland Avenue adjacent to Lots 1 and 2, Block 10, Pacific
Addition. [Requested in Petition 3980 filed by Jarold Pickering]
Moved by Commissioner Beggs, seconded by Commissioner Divine that
Ordinance Number 89-0345, providing for the vacation of the South 10' of
Woodland Avenue adjacent to Lots 1 and 2, Block 10, Pacific Addition, be
adopted. Aye: Beggs, Divine, Frank, Ryan, Warner (5) . Nay: (0) . Motion
adopted.
(8.3) Report on bids received October 5, 1989 for Engineering Project 89-791
for sidewalk improvements. [Award the contract to Wilson Constructors, Inc. in
the amount of $64,833.00]
Don Hoff, Acting City Engineer, reviewed the bids and asked the City
Commission to approve the contract with Wilson Constructors, Inc.
Commissioner Divine asked again that the repair of nuisance sidewalks
be included in the project.
Don Hoff, Acting City Engineer, reported that Wilson Constructors,
Inc. could place an advertisement advising the public that it had been awarded
the contract for the 1989 sidewalk improvements and that individuals could
contact them for work which might be done. The benefit district cannot be
increased after it is determined by resolution without holding a new hearing and
passing a new resolution defining the amended benefit district.
Moved by Commissioner Frank, seconded by Commissioner Beggs that
the recommendation of the City Engineer be accepted and that the contract be
awarded to Wilson Constructors, Inc. in the amount of $64,833.00. Aye: (5).
Nay: (0) . Motion adopted.
(8.4) Resolution Number 89-4129, authorizing the Mayor and City Clerk of
the City of Salina, Kansas, to execute special warranty deeds conveying to K 8
C, Inc., a Kansas Corporation; Gary D. Ray, d/b/a Rakin Land and Cattle
Company; Marketaide, a partnership; Kennedy, Berkley, Yarnevich and
Williamson, Chartered, a Kansas professional corporation; and Hampton, Royce,
Engleman and Nelson, a partnership, certain real estate and facility pursuant to
a lease dated October 1, 1978. [United Building Industrial Revenue Bonds]
Action
89-377
89-378
89-379
89-380
Greg Bengtson, City Attorney, reviewed the United Building Industrial
Revenue Bond issue and explained that the bonds have now been paid, that this
resolution authorizes the Mayor and City Clerk to execute deeds to return the
property to the owners of the United Building.
Moved by Commissioner Ryan, seconded by Commissioner Divine that
Resolution Number 89-4129, authorizing the Mayor and City Clerk of the City of
Salina, Kansas, to execute special warranty deeds conveying to K & C, Inc., a
Kansas Corporation; Gary D. Ray, d/b/a Rakin Land and Cattle Company;
Marketaide, a partnership; Kennedy, Berkley, Yarnevich and Williamson,
Chartered, a Kansas professional corporation; and Hampton, Royce, Engleman
and Nelson, a partnership, certain real estate and facility pursuant to a lease
dated October 1, 1978, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.5) Consideration of Highway and Street Directional Signage Improvements.
Roy Dudark, Director of Planning and Community Development,
reviewed the highway and street directional signage improvements as
recommended by the committee and asked for City Commission approval.
Judy Wallace, 436 Maple, representing Salina Area Vo -Tech and Kansas
College of Technology, asked the City Commission to consider three additional
signs: (1) South Ninth and Schilling Road, (2) Crawford and Broadway, (3)
East side of 1-135 overpass and Magnolia to indicate the direction of the schools.
Moved by Commissioner Divine, seconded by Commissioner Frank that
staff be directed to complete the project and expend the dollars. Aye: (5).
Nay: (0) . Motion adopted.
(8.6) Report by the Disability Access Committee.
Phyllis Anderson, chairperson of the Disability Access Committee,
reviewed the recommendation of the task force and asked the City Commission to
formalize the structure of the committee and make it an official "accessibility
committee" of the City.
Commissioner Frank asked that speech and hearing impaired individuals
also be considered when making recommendations for City services.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
staff be directed to draft the required ordinance to create an accessibility
committee. Aye: (5) . Nay: (0) . Motion adopted.
(8.7) Resolution Number 89-4130, directing public notice of application for
vacation of a portion of North Fifth Street, a public street, from Mulberry Creek
Bridge north to Interstate Highway 70. [ Set 4:00 p.m. October 23, 1989 for the
public hearing.]
Don Hoff, Acting City Engineer, said that an application was filed then
withdrawn more than a year ago by the applicant and that this resolution sets
the date for a public hearing to consider the request.
Mrs. Wauhob said she owns all the property on both sides of the
street.
Moved by Commissioner Divine, seconded by Commissioner Ryan that
Resolution Number 89-4130, directing public notice of application for vacation of
a portion of North Fifth Street, a public street, from Mulberry Creek Bridge
north to Interstate Highway 70 be adopted, and that Monday, October 23, 1989
at 4:00 p.m. be set for the public hearing. Aye: (5) . Nay: (0) . Motion
adopted.
Action
89-381
(8.8) Request by the Chamber of Commerce for time to report on the
Marymount Campus / Kansas Technical College / Kansas State proposal approved
by their board.
Gerald Cook, President of the Salina Area Chamber of Commerce read a
prepared statement asking the City Commission to consider spending $7,500,000
to convert Marymount College to an engineering campus of Kansas State
University.
Andy Peele, 751 Comanche, expressed his concerns about parking for
1,500 students, handicapped accessibility and the dilution of the technical
education structure of KCT.
The Commissioners took the matter under advisement.
OTHER BUSINESS
The Mayor announced that the October 16, 1989 will be held at
Schilling School at 7 p.m.
ADJOURNMENT
Moved by Commissioner Ryan, seconded by Commissioner Frank that
the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5).
Nay: (0). Motion adopted. The meeting adjourned at 6:57 p.m.
J s h Warner, Mayor
[SEAL]
ATTEST:
11" SL; wCAJ
Jacqueline Shlever, City Clerk