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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