11-14-1988 MinutesAction
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
NOVEMBER 14, 1988
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, November 14, 1988, at 4:00
p.m.
There were present:
Mayor Sydney Soderberg, Chairman presiding
Commissioner Robert E. Frank
Commissioner Vi Justus
Commissioner Stephen C. Ryan
Commissioner Joseph A. Warner
comprising a quorum of the Board, also present:
Greg Bengtson, City Attorney
Robert K. Biles, City Clerk
Dennis M. Kissinger, City Manager
Absent:
None
None
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The Mayor proclaimed the Week of November 13 through 19, 1988 as
"AMERICAN EDUCATION WEEK." The proclamation was read by Karol Mobley, a
representative of Salina N.E.A.
(4.2) The Mayor proclaimed the Week of November 13 through 18, 1988 as
"YOUTH APPRECIATION WEEK." The proclamation will be read by Mrs. Joe
Petty, a representative of the Noon Optimist Club.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting November 7, 1988.
Moved by Commissioner Frank, seconded by Commissioner Ryan that
the Consent agenda item be approved. Aye: (5) . Nay: (0) . Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission that Plat
Application 88-4, filed by Lawrence Triplett, for approval of the final plat of
Triplett Addition, be approved.
James Cole, 1709 Lewis, expressed his concern about the location of
access drives off Ohio and Cloud Streets.
Bob Humiston, 920 Russell, asked if the detention pond would be filled
with water. Roy Dudark, Director of Planning and Community Development,
indicated the water would be released within 24 hours.
Michelle Vignery, 1001 Russell, expressed her concern over gas fumes
from the proposed business.
Moved by Commissioner Warner, seconded by Commissioner Justus that
the recommendation of the City Planning Commission be accepted, that the final
Plat of Triplett Addition be approved and that the Mayor be authorized to sign
the final plat. Aye: (5). Nay: (0). Motion adopted.
Action
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88-379
ADMINISTRATION
(8.1) City Clerk reports on bids received at 2:00 p.m. for the sale of
$1,115,000 General Obligation Bonds, Internal Improvement Bonds, Series
FLP -234.
Mr. Biles reported 12 bids were received ranging from 6.4383% to
6.7291%. Mr. Biles recommended the City Commission accept the low bid of and
award the contract to Security Bank of Kansas City, Kansas, for a total interest
cost to the City of $371,812.50, with an average annual net interest rate of
6.4383%.
Roger Edgar of George K. Baum and Company discussed the number of
bids and the factors which resulted in receiving a good interest rate on the
bonds.
Randy Irey of Stinson, Mag and Fizzell stated the bonds are in proper
order and meet all legal requirements.
Moved by Commissioner Justus, seconded by Commissioner Ryan that
the recommendation of the City Clerk be accepted and that the contract be
awarded to Security Bank of Kansas City, Kansas, to purchase $1,115,000
General Obligation Internal Improvement Bonds, Series FLP -234, for a total
interest cost to the City of $371,812.50, with an average annual net interest rate
of 6.4383%. Aye: (5) . Nay: (0) . Motion adopted.
(8.2) First Reading Ordinance Number 88-9291, authorizing and directing the
issuance, sale and delivery of $1,115,000 principal amount of General Obligation
Internal Improvement Bonds, Series FLP -234, of the City of Salina for the
purpose of providing funds to pay the cost of certain fire -fighting equipment,
repairing the library roof and the construction of storm sewers, water mains,
sanitary sewers and street improvements in the City of Salina, Kansas;
prescribing the form and details of said bonds; providing for the levy and
collection of the necessary assessments and taxes for the purpose of paying the
principal of and interest on said bonds as they become due; and authorizing an
agreement between the City and the bond registrar.
Moved by Commissioner Frank, seconded by Commissioner Warner that
Ordinance Number 88-9291, authorizing and directing the issuance, sale and
delivery of $1,115,000 principal amount of General Obligation Internal
Improvement Bonds, Series FLP -234, of the City of Salina for the purpose of
providing funds to pay the cost of certain fire -fighting equipment, repairing the
library roof and the construction of storm sewers, water mains, sanitary sewers
and street improvements in the City of Salina, Kansas; prescribing the form and
details of said bonds; providing for the levy and collection of the necessary
assessments and taxes for the purpose of paying the principal of and interest on
said bonds as they become due; and authorizing an agreement between the City
and the bond registrar, be introduced for first reading. Aye: (5) . Nay: (0) .
Motion adopted.
(8.3) City Clerk reports on bids received at 2:00 p.m. for the sale of
$3,000,000 Water and Sewerage Revenue Bonds, Series 1988.
Mr. Biles reported 6 bids were received ranging from 7.0635% to 7.6%.
Mr. Biles recommended the City Commission accept the low bid of and award the
contract to George K. Baum and Company, for a total interest cost to the City
of $2,714,876.25, with an average annual net interest rate of 7.0635%.
Roger Edgar, George K. Baum and Company, stated the low bid was
well below the rate used in the City's financial presentation to Moody's Investors
Service. Mr. Edgar indicated fewer number of bids were received, as most of
the banks which bid on the General Obligation Bonds did not wish to bid on the
Revenue Bonds.
Randy Irey, Stinson, Mag and Fizzell, indicated the bonds are in
proper order and meet all legal requirements.
Action
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88-381
Moved by Commissioner Warner, seconded by Commissioner Frank that
the recommendation of the City Clerk be accepted and that the contract be
awarded to George K. Baum and Company to purchase $3,000,000 Water and
Sewerage Revenue Bonds, Series 1988, for a total interest cost to the City of
$2,714,876.25, with an average annual net interest rate of 7.0635%. Aye: (5).
Nay: (0) . Motion adopted.
(8.4) First Reading Ordinance Number 88-9292, authorizing and directing the
issuance, sale and delivery of $3,000,000 principal amount of Combined Water and
Sewage System Revenue Bonds, Series 1988, of the City of Salina, Kansas for
the purpose of repairing, altering, extending, reconstructing, enlarging and
improving the combined water and sewage system, prescribing the form and
details of said revenue bonds, providing for the collection, segregation and
application of the revenues of said system for the purposes authorized by law,
including paying the cost of operation and maintenance of said utility, paying
the principal of and interest on the revenue bonds of said City issued against
said system and providing adequate reserve funds, making certain covenants
with respect to said bonds and approving a preliminary official statement and
official statement relating to said bonds.
Moved by Commissioner Justus, seconded by Commissioner Ryan that
Ordinance Number 88-9292, authorizing and directing the issuance, sale and
delivery of $3,000,000 principal amount of Combined Water and Sewage System
Revenue Bonds, Series 1988, of the City of Salina, Kansas for the purpose of
repairing, altering, extending, reconstructing, enlarging and improving the
combined water and sewage system, prescribing the form and details of said
revenue bonds, providing for the collection, segregation and application of the
revenues of said system for the purposes authorized by law, including paying
the cost of operation and maintenance of said utility, paying the principal of and
interest on the revenue bonds of said City issued against said system and
providing adequate reserve funds, making certain covenants with respect to said
bonds and approving a preliminary official statement and official statement
relating to said bonds, be introduced for first reading. Aye: (5) . Nay: (0) .
Motion adopted.
(8.5) Second Reading Ordinance Number 88-9237, 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. [Zoning Application 87-15, filed by Charles Walker Trust, for the
rezoning of a tract of land at the Northwest corner of Cloud and Ohio Streets
(now Triplett Addition) to District "C-3" Shopping Center District]
Alan Reed, 920 East Cloud, appeared before the Commission
representing resident property owners near the subject property. Mr. Reed
objected to the rezoning, urging the City Commission to deny the request. Mr.
Reed expressed concerns about the hours of operation of the proposed business,
increased traffic, litter and the detention pond.
Walter Persigehl, 1000 East Claflin, objected to Wally Storey being a
member of the City Planning Commission. Mayor Soderberg explained Mr.
Storey's term on the City Planning Commission had expired and that Mr. Storey
had not been on the City Planning Commission during the consideration of this
item.
Harold Pierce, 1813 Lewis, asked whether new storm sewers would be
required in the area. Don Hoff, Assistant City Engineer, stated the detention
ponds would hold excess rainfall until the storm sewer system could accept the
flow.
Susie Marietta, 2156 Lewis, questioned whether holding ponds had been
constructed immediately adjacent to residences elsewhere.
Mr. Hoff named several areas where holding ponds are adjacent to
residences.
Sam Bell, 913 East Cloud, felt the detention pond would be a hazard
for children and questioned whether the proposed pond would have enough
capacity.
Action
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88-384
Mr. Kissinger pointed out that detention ponds are the best option
available to the City at this time to manage storm runoff.
Michelle Vignery, 1001 Russell, expressed her concern about pollution,
late operating hours, bright lights and safety for children.
Velta Sloan, 1819 Lewis, stated a C-1 zoning would be more
appropriate for the land, as C-1 zoning exists immediately east and south of the
property.
Bob Betts, 950 Russell, said he felt the City Commission is not
representing the average citizen and district elections would resolve the problem
as would holding evening meetings.
The applicant, Larry Triplett, 2111 Melrose Lane, indicated he had
tried to address the neighborhood's concerns. Mr. Triplett discussed the
actions he had taken in revising his plans to address possible noise pollution,
trash and light problems. As a compromise, Mr. Triplett asked the City
Commission to consider a proposal to reduce the zoning on Lot 1, Block 1 from
C-3 to C-2. Further, Mr. Triplett stated the proposed detention pond would not
be as dangerous as the existing pond and locating the store in the requested
location would have the least amount of impact on traffic. Mr. Triplett asked
the City Commission to approve the application with the C-2 zoning for Lot 1,
Block 1.
Mr. Reed stated that several other C-3 areas were available for
development and that Mr. Triplett would not be legally obligated to make any of
the modifications which he had promised to make.
Moved by Commissioner Justus, seconded by Commissioner Ryan that
Ordinance Number 88-9237, 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 adopted with C-2
zoning on Lot 1 , Block 1 , and C-3 zoning on Lot 2, Block 1 . Aye: Frank,
Justus, Ryan, Warner, Soderberg (5). Nay: (0). Motion adopted.
(8.6) Second Reading Ordinance Number 88-9283, amending Section 42-507 of
the Salina Code by adding a definition of decorative signs and revising the
definition of mobile signs; amending Article X of Chapter 42 of the Salina Code
by adding Section 42-508 specifying limitations for the use of temporary signs
including decorative signs, advertising signs for special public events, and
mobile signs and repealing the existing Section 42-507.
Moved by Commissioner Warner, seconded by Commissioner Justus that
Ordinance Number 88-9283, amending Section 42-507 of the Salina Code by
adding a definition of decorative signs and revising the definition of mobile
signs; amending Article X of Chapter 42 of the Salina Code by adding Section
42-508 specifying limitations for the use of temporary signs including decorative
signs, advertising signs for special public events, and mobile signs and
repealing the existing Section 42-507, be adopted. Aye: Justus, Warner,
Soderberg (3). Nay: Frank, Ryan (2). Motion adopted.
(8.7) Second Reading Ordinance Number 88-9287, providing for the
amendment of Sections 42-128, 42-143, 42-158, 42-173, 42-188, 42-203 of the
Salina Code pertaining to conditional uses in the RS, R, R-1, R-2, R-2.5 and
R-3 Districts and repealing the existing sections.
Moved by Commissioner Frank, seconded by Commissioner Ryan that
Ordinance Number 88-9287, providing for the amendment of Sections 42-128,
42-143, 42-158, 42-173, 42-188, 42-203 of the Salina Code pertaining to
conditional uses in the RS, R, R-1 , R-2, R-2.5 and R-3 Districts and repealing
the existing sections, be adopted. Aye: Frank, Justus, Ryan, Warner,
Soderberg (5) . Nay: (0) . Motion adopted.
(8.8) Second Reading Ordinance Number 88-9288, designating the structure
located at 850 South Santa Fe Avenue for Heritage Conservation (HC) Landmark
Designation.
Action
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88-387
— 88-388
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Moved by Commissioner Ryan, seconded by Commissioner Frank that
Ordinance Number 88-9288, designating the structure located at 850 South
Santa Fe Avenue for Heritage Conservation (HC) Landmark Designation, be
adopted. Aye: Frank, Justus, Ryan, Warner, Soderberg (5). Nay: (0).
Motion adopted.
(8.9) Second Reading Ordinance Number 88-9289, designating the structure
located at 245 North Ninth Street for Heritage Conservation (HC) Landmark
Designation.
Moved by Commissioner Warner, seconded by Commissioner Justus that
Ordinance Number 88-9289, designating the structure located at 245 North Ninth
Street for Heritage Conservation (HC) Landmark Designation, be adopted. Aye:
Frank, Justus, Ryan, Warner, Soderberg (5). Nay: (0). Motion adopted.
(8.10) Second Reading Ordinance Number 88-9290, designating the structure
located at 238 South Tenth Street for Heritage Conservation (HC) Landmark
Designation.
Moved by Commissioner Justus, seconded by Commissioner Ryan that
Ordinance Number 88-9290, designating the structure located at 238 South Tenth
Street for Heritage Conservation (HC) Landmark Designation, be adopted. Aye:
Frank, Justus, Ryan, Warner, Soderberg (5) . Nay: (0) . Motion adopted.
(8.11) First Reading Ordinance Number 88-9293, calling an election for
submission of Charter Ordinance Number 23 to a referendum.
Mr. Kissinger discussed the history behind Charter Ordinance Number
23 and reviewed the Home Rule provisions in the state statutes. Mr. Kissinger
addressed the reasoning behind the request for increasing the limit to $750,000.
Mr. Kissinger stated the County Clerk would prefer setting December 27th as
the election date. Mr. Kissinger indicated a campaign to distribute facts relating
to Charter Ordinance 23 might be appropriate.
Moved by Commissioner Warner, seconded by Commissioner Frank that
Ordinance Number 88-9293, calling an election for submission of Charter
Ordinance Number 23 to a referendum, be introduced for first reading. Aye:
(5) . Nay: (0) . Motion adopted.
(8.12) Report on bids received November 10, 1988 for Phase III, Ohio Street
improvements (Engineering Project 88-760). [Award the contract to J. H.
Shears' Sons, Inc. in the amount of $528,237.50]
Moved by Commissioner Justus, seconded by Commissioner Warner that
the recommendation of the City Engineer be accepted and that the contract for
Phase III of the Ohio Street improvements (Engineering Project 88-760) be
awarded to J. H. Shears' Sons, in the amount of $528,237.50. Aye: (5). Nay:
(0) . Motion adopted.
(8.13) Report on bids received November 10, 1988 for Water Plant
Improvements (Engineering Project 88-770) . [Award the contract to Smoky Hill,
Inc. in the amount of $1,370,200.00]
Moved by Commissioner Ryan, seconded by Commissioner Justus that
the recommendation of the City Engineer be accepted and that the contract for
Water Plant Improvements (Engineering Project 88-770) be awarded to Smoky Hill,
Inc. in the amount of $1,370,200.00. Aye: Justus, Ryan, Warner, Soderberg
(4). Nay: (0). Commissioner Frank abstained. Motion adopted.
OTHER BUSINESS
Mayor Soderberg announced the November 21st Commission Meeting will
be held at Coronado Elementary School at 7 p.m.
Action
ADJOURNMENT
88-391 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 6:04 p.m.
J eph Warner, Acting Mayor
[SEAL]
ATTEST:
Robert K. Biles, City Clerk