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04-24-1978 Minutes104 City of Salina, Kansas Regular Meeting of the Board Of Commissioners April 24, 1978 The Regular Meeting of the Board of Commissioners met in the Commissione Room, City -County Building, on Monday, April 24, 1978, at four o'clock p.m. The Mayor asked everyone to stand for the opening ceremony. There were present: Mayor Jack Weisgerber, Chairman presiding Commissioner Keith G. Duckers Commissioner Dan S. Geis Commissioner Karen M. Graves Commissioner Gerald F. Simpson comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: None printed. The Minutes of the Regular Meeting of April 17, 1978 were approved as THE MAYOR PROCLAIMED the Week of April 23 through 28, 1978 - ''MISS SALINA-SALINE VALLEY WEEK''. The proclamation was read by Charles Bourbina, Publicity Director for Miss Salina -Saline Valley Scholarship Pageant. THE MAYOR PROCLAIMED the Month of May, 1978 - ''POPPY MONTH'', and May 6, 1978 - ''POPPY DAY''. The proclamation was read by Helen Sweeney, Poppy Chairperson of the American Legion Auxiliary. STAFF AGENDA A MOTION was made by Commissioner Simpson, seconded by Commissioner Duckers to remove from the table for consideration a letter from the City Planning Commission recommending the denial of Zoning Application 78-4, filed by Carolyn Smolich, for the rezoning of the West 85 feet of the East 210 feet of Lot 4, Block 6, Oakdale Addition to District C-2 (Neighborhood Shopping District). (Tabled April 10, 1978). Ayes: (5). Nays: (0). Motion carried. Gary McCausland, Realtor, and Jim Ward, Owner of the property, were present requesting approval of the zoning application as they feel it is in the best interest of preserving the historical significance of the property. The staff and commissioners discussed the alternatives open to the petitioner. A motion was made by Commissioner Simpson, seconded by Commissioner Geis to return the Zoning Application to the City Planning Commission with a recommendation of C-2 zoning with Planned Development District alleviating the undesirable uses of C-2 and providing for the use as stated in the zoning application. Ayes: (5). Nays: (0). Motion carried. fs' 1 1 11 1 1 THE CITY ENGINEER filed a feasibility report for street and utility improvements in part of Park West Addition, as requested in Petition Number 3694, filed by Ken Wasserman. A motion was made by Commissioner Simpson, seconded by Commissioner Graves to accept the feasibility report as filed. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3695, filed by Dr. Dan King for the vacation of a 10 foot utility easement on the west side of Lot 10, Block 3, Replat of part of Block 3 and all of Blocks 4 and 5, Schippel Addition, and recommended that the east three feet of this easement be vacated, leaving a seven foot easement which will be sufficient for Southwestern Bell Telephone Company's purposes and satisfy the needs of the petitioner. A motion was made by Commissioner Graves, seconded by Commissioner Geis to accept the City Engineer' recommendation and approve the vacation of the east 3 feet of the utility easement and to introduce the vacating ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: THE CITY MANAGER reported on the proposals concerning advance refunding of Water and Sewerage System Revenue bonds: ''We have reviewed the proposal made by Boettcher & Company and the proposal made by First Securities Company -Stern Brothers and Company pertaining to the advance refunding of the 1961 and 1977 Water and Sewerage System Revenue Bonds. Both of the proposals are quite similar in the following respects: (1) Both proposals estimate a savings to the City of approximately 1.5 million dollars. The exact amount of any savings cannot be ascertained until the bonds are actually issued and the proceeds reinvested in government securities. (2) The underwriting fees (which are limited by Treasury Department regulations) and all expenses connected with the advance refunding would be paid from the escrow funds and underwriting fees. The escrow funds are those which are generated by excess revenues on the reinvestement and the underwriting fees and secured from the sale of the bonds. In view of this, the refunding would be accomplished at no cost to the City. (3) Both are reputable firms which have experience in advance refunding procedures, however, Boettcher & Company has not handled any advance refunding in Kansas, whereas First Securities and Stern Brothers have completed several advance refunding for cities in Kansas. After reviewing both proposals, we would recommend that the City accept the proposals of First Securities Company -Stern Brothers and Company for the advance refunding of the 1961 and 1977 Water and Sewerage System Revenue Bonds for the following reasons: (a) These two firms have been the City's financial advisor and underwriters for both of these issues to be refunded and are well familiar with both issues. They have indicated certain covenants in the bond ordinances could be changed to our advantage in the refunding bond ordinance. The City has, on several occasions, consulted with these firms over the past several years regardi these bond issues and other financial matters pertaining to the City. (b) These two companies have done several advance refunding in Kansas and the cities involved have been very satisfied with the results thereof. (c) Stern Brothers and Company was the purchaser of both the 1961 and 1977 bond issues. (d) Representatives of the company have indicated that they would employ Kennedy and Coe as the auditors which should be helpful as Kennedy and Coe are, at the present time, the auditors for the City of Salina, Kansas. We would further recommend that the refunding proceedings be commenced as soon as possible as there are indications that the Treasury Department may amend its regulations in the near future which would make this refunding procedure less attractive.'' 106 Tom Phoenix, Denver, Colorado, Representative of Boettcher & Company, and Dan Stevenson, 1946 Ridgeview Road, his brother-in-law, were present and asked for the reasoning behind the report. Mr. Stevenson said Boettcher and Company submitted two proposals. The first beats First Securities bid by $45,000 and the 2nd proposal beats First Securities bid by $200,000. He said Mr. Phoenix told him the savings to the City is somewhere in between those two figures. Commissioner Graves asked if the City got firm dollar figures? Mr. Stevenson said the City Commissioners got a firm dollar figure from Boettcher and Company in the proposal he submitted to all the Commissioners. Mr. Bengtson said Stinson, Mag, bond counsel in Kansas City advised him that no one could give ultimate figures until the bonds are actually sold and until securities are secured to replace them. He said the bond counsel fees, and auditors fees are not paid by the city,, but paid from escrow accounts which is excess interest the city would receive plus underwriting fees. Mr. Phoenix said his proposal is to buy the bonds at an 8% interest rate, and those figures are minimum, and that his proposal guarantees to save the city a minimum of $1,492,000. Mr. Harrison pointed out to the City Commission that First Securities of Wichita approached him last fall about a refunding issue, but wanted to wait until after January 1st to determine how the new water rate increase would affect a bond issue. He also pointed out that the First Securities proposal showed a savings of $1,546,712.00. Mr. Stevenson said that time is of the essence in the issuance of the refunding bonds because the federal regulations are going to be changed regarding refunding. Commissioner Geis - "In light of material presented to us by Boettcher and Company, I move to make them our agent in this matter of refunding.'' The motion was seconded by Commissioner Graves. Commissioner Simpson said he feels there is a question in Mr. Bengtson's mind about these being firm bids. Mr. Bengtson said he was under the impression that both firms were estimating the figure, that the exact amount would be determined only after the bonds are sold, but as he understands Mr. Phoenix of Boettcher & Company they would guarantee the city a savings of not less than $1,492,000.00. Mr. Phoenix said he thinks this is the minimum the city will save and will guarantee that number. Commissioner Simpson said he would like to see it on a sealed bid basis. The Commissioners, Mr. Phoenix, Mr. Stevenson, and staff discussed the advisability of receiving bids on the proposals of Boettcher & Company and First Securities Company. The Mayor called for a vote on the question. Ayes: Geis, Graves, Duckers (3). Nays: Simpson (1). Mayor Weisgerber did not vote. Motion carried. A LETTER was received from the City Planning Commission recommending the approval of Petition Number 3692, filed by Pepsi Cola Bottling Company of Salina for the vacation of the South 10 feet of Decatur Street between 7th and 8th Streets, subject to the final approval of the City Engineer. A motion was made by Commissioner Duckers, seconded by Commissioner Graves to accept the recommendation of the City Planning Commission and approve the petition, and to introduce the vacating ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: r- 1 1 10 A LETTER was received from the City Planning Commission recommending the denial of CZ78-3, filed by Pat Wallerius, for the rezoning of a tract of land in the SW 1/4 SE 1/4 of Section 26, Township 14 South, Range 3 West to "BC" (Community Business District) and IL (Light Industrial District) due to incompatibility with the Land Use Plan. A motion was made by Commissioner Simpson, seconded by Commissioner Geis to accept the recommendation of the City Planning Commission and recommend that the county deny the zoning request. Ayes: (5). Nays: (0). Motion carried. A REPORT was received from the Salina Park Advisory Board recommending that the roadway be constructed in accordance with the general plan of Southeast Park, and that the remaining hedgerow be removed and one or two Osage Orange trees be planted in the natural area of the park. Jerry Brown, Chairman of the Board and Mr. Olson approached the bench with the park plan and discussed it with the City Commissioners. He said the Park Board recommends additional parking over what is shown on the plan so that approximately 100 spaces are provided. A motion was made by Commissioner Duckers, seconded by Commissioner Geis to adopt the Salina Park Advisory Board report and to amend the number of parking spaces on the park plan from 74 to 84. Ayes: (5). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: ''A RESOLUTION determining the advisability of certain grading, curb, gutter and paving of the Park Drive from Edward Street to Edward Street, potable water and sanitary sewer improvements estimating the cost thereof, defining the boundaries of the improvement district, method of assessment and apportioning the cost between the improvement district and the city -at -large." (Engineering Project 78-638) A motion was made by Commissioner Graves, seconded by Commissioner Simpson to adopt the resolution as read and the following vote was had: Ayes: Duckers, Geis, Graves, Simpson, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3364. PUBLIC AGENDA PETITION NUMBER 3698 was filed by Robert E. Frank, for the construction of a curb sidewalk on Lot 8, Block 19, Georgetown Addition. A motion was made by Commissioner Simpson, seconded by Commissioner Duckers to refer the petition to the City Engineer for a recommendation. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3699 was filed by J. Elliott Richard for permission to construct recessed parking area on the north side of Faith Drive at 1113 Faith Drive. A motion was made by Commissioner Duckers, seconded by Commissioner Simpson to refer the petition to the City Engineer for a recommendation. Ayes: (5)• Nays: (0). Motion carried. A CEREAL MALT BEVERAGE license application was filed by William C. Hoeffner, d/b/a Sazerac, 427 South Broadway. (New application). The City Clerk reported the applicant has paid the required fee and the application has been approved by the Health Department, Zoning Officer and the Police Department. A motion was made by Commissioner Graves, seconded by Commissioner Duckers to approve the license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. A RECOMMENDATION was received from Lee Haworth, Chairman of Downtown Parking and Planning Committee of the Salina Area Chamber of Commerce, concerning downtown parking: A. Leave meters as they are at present: 1. Santa Fe 2. 7th Street 3. Iron Avenue B. Install 2 -hour meters on following streets: 1. Walnut, 4th to 8th 2. 5th Street 108 C. Install 10 -hour meters on following streets: 1. Mulberry, 4th to 9th 2. 8th Street D. Install 2 and 10 hour meters on following lots: 2H 1. Lot #1 (East side 5th Street between Iron & Ash) 12M 30M 1H 2H (a) All 10 -hour meters 270 2. Lots # 2 and 3 (West side 5th street between Iron & Ash) (a) Leave meters as they are at present 3. Lot # 4 (West side 5th Street between Iron & Walnut) 75 (a) All 2 -hour meters 86 4 Lot # 5 (East side 5th Street between Iron & Walnut) 9 (a) All 10 hour meters except 16 2 -hour meters along 4th Street and 15 2 -hour meters along 5th Street 5. Lot # 6 (5th Street between Walnut & Mulberry) 58 (a) All 10 -hour meters except 18 2 -hour close in 75 6. Lot # 7 (7th Street south of Walnut) 93 (a) 1/2 of the meters 2 -hour, and 1/2 of the meters 9 93 10 -hour, with 2 -hour meters to north and east 7. Lot # 3 (7th Street between Iron & Walnut) (a) All 2 -hour meters 8. Lot # 9 (east side 7th Street between Iron and Ash) 23 (a) leave meters as they are at present 60 9. Lot # 10 (west side 7th Street between Iron and Ash) 27 (a) 85 10 -hour meters and 53 2 -hour meters E. Publish information as to lot locations. F. Omit all 6 -hour meters and use all 10 -hour meters. G. Put time on each meter and color codes. H. Enforce turnover of meters by marking tires. I. Meter charges as follows: 1. Double existing charge on 1 and 2 hour meters 2. Ten-hour (a) 25� for 5 hours 38 (b) 50� for 10 hours J. Raise permit fee to $10 monthly. K. Set all excess parking meter money aside to purchase additional downtown parking. L. More enforcement of meters during bad weather. M. Install angle parking around the school on west and east side of 7th, and parallel parking in 200 block south on east side of 8th - all 10 -hour meters. N. Elimination of courtesy tickets. (Leave complimentary parking permits for conventions, etc. given out by the Chamber of Commerce, as is.) P. Update meters as to loading zones, taxi stands, etc. Meter Changes: (M=minutes and H=hours) PRESENT 12M A. 4 B. C. D. Lot 1 Lots 2&3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Lot 9 Lot 10 30M 1H 2H 6H lOH 12M 30M 1H 2H 10H 24 270 88 4 24 270 88 19 75 86 9 75 84 58 17 75 9 93 9 93 52 25 77 40 23 28 31 60 27 30 19 18 58 6 54 51 66 88 89 57 86 143 38 38 53 4o 45 39 336 606 313 175 (614) lm 100 block west, three 24 -minute meters AL: 1,476 53 85 4 33 308 677 451 Three 24 -minute meters TOTAL: 1,476 plus a few that will be added 1 1 Mr. Haworth said the Chamber of Commerce committee discussed the )arking conditions with the Salina Downtown Merchants Association and staff nembers in order to provide more customer parking. The Commissioners and Mr. Haworth discussed the recommendation and the cost involved to make the changes. Commissioner Simpson suggested that the overparking fines also be reviewed. Mr. Olson said staff is considering a recommendation to double the fines and eliminate the fine boxes. A motion was made by Commissioner Simpson, seconded by Commissioner Graves to express appreciation to the Chamber of Commerce for their study and to refer the parking recommendation to staff for a report back to the City Commission as soon as possible. Ayes: (5). Nays: (0). Motion carried. A REQUEST was received from Bob Gordon, President of the Salina Area Chamber of Commerce to be present to discuss Christmas decorations for the City of Salina, and he read a prepared statement. I am here today representing the Salina Area Chamber of Commerce to ask the city to assume the responsibility of providing 'on street' Christmas decorations in the Central Business District -- or throughout the community should you so desire. "The Chamber of Commerce has financed the core area decorations for many years, however, the Board believes Christmas decorations for the streets of Salina is not a Chamber responsibility. The decorations are for all Salina Citizens to enjoy during the Christmas Season --- not just business people. "Should this matter cause you budgeting problems, we are willing to donate our present decorations to the city and be receptive to providing some funding for new decorations." Mr. Gordon and the Commissioners discussed the proposal and the alternatives open to the City Commissioners. A motion was made by Commissioner Simpson, seconded by Commissioner Duckers to refer the proposal to Commissioner Graves, as the City Commission's representative on the Salina Arts Commission, a Salina Arts Commission representative, an appropriate representative of the Chamber of Commerce, and a Salina Downtown Merchants Association representative, to get together and review some possibilities and return with a recommendation for City Commission action. Ayes: (5). Nays: (0). Motion carried. Mr. Olson cautioned the group .not to be overly liberal in the commitment of city funds. COMMISSION AGENDA The Commissioners did not bring anything to the floor for discussion. A MOTION was made by Commissioner Duckers, seconded by Commissioner Simpson that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. The meeting adjourned at 5:34 P.M. i i D. L. Har ison, City Clerk