09-20-1976 Minutes1
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of
City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
September 20, 1976
The Regular Meeting of the Board of Commissioners met in the Commissi
Room, City -County Building, on Monday, September 20, 1976, at four o'clock P.M.
The Mayor asked everyone to stand for the pledge of allegiance to the
Flag and a moment of silent prayer.
There were present:
Mayor Gerald F. Simpson, Chairman presiding
Commissioner Robert C. Caldwell
Commissioner W. M. Usher
Commissioner Jack Weisgerber
comprising a quorum of the Board, also:
L. 0. Bengtson, City Attorney
Norris D. Olson, City Manager
D. L. Harrison, City Clerk
Absent:
Commissioner Keith G. Duckers
The Minutes of the Regular Meeting September 13, 1976, and the Special
Meetings September 13, 1976 and September 16, 1976, were approved as printed.
STAFF AGENDA
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
authorizing and directing the officers of the City of Salina, Kansas to call a
special election in said City for the purpose of submitting to the qualified
electors of said city the proposition to authorize the issuance of general
obligation bonds of the City of Salina, Kansas, under the provisions of K.S.A.
12-1736 et seq., in the amount of $6,500,000.00 for the purpose of constructing
and equipping an arena -type public building in Kenwood Park to be used for
recreational purposes and as a convention hall."
The City Attorney said the ordinance has been amended to eliminate the
phrase "acquiring a site and" and "Kenwood Park" added as the site for construction
of the proposed building.
A motion was made by Commissioner Usher, seconded by Commissioner
Weisgerber to adopt the ordinance as amended and the following vote was had:
Ayes: Caldwell, Usher, Weisgerber, Simpson (4). Nays: (0). Commissioner
Duckers absent. Carried. The Mayor approved the ordinance and it is numbered
8511. The ordinance was introduced for first reading September 13, 1976.
Mayor Simpson commented, "One point we made last week, that perhaps
needs to be re-emphasized is that we do not have an exact location for the
facility in the park. If it is necessary to replace existing facilities there,
in the way of ball diamonds and so forth, those will be replaced or relocated.
I thought that had been made clear last week, and I just wanted to re-emphasize
that."
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
authorizing the City of Salina, Kansas, to acquire by purchase machinery and
equipment to be leased to General Battery Corporation; authorizing and directing
the issuance of $1,000,000 principal amount of Industrial Revenue Bonds, (General
Battery Corporation Project), Series A, of said city for the purpose of providing
funds to pay the cost of acquiring by purchase machinery and equipment to be
leased to General Battery Corporation; prescribing the form and authorizing the
execution of a lease by and between said city and General Battery Corporation."
A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to
adopt the ordinance as read and the following vote was had: Ayes: Caldwell,
Usher, Weisgerber, Simpson (4). Nays: (0). Commissioner Duckers absent.
Carried. The Mayor approved the ordinance and it is numbered 8512. The ordinance
was introduced for first reading September 16, 1976.
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AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
authorizing the City of Salina, Kansas, to acquire the real property hereinafter
described and to construct and purchase buildings, improvements, fixtures,
machinery and equipment to be leased to General Battery Corporation, authorizing
and directing the issuance of $7,000,000 principal amount of Industrial Revenue
Bonds (General Battery Corporation Project), Series B, of said City for the
purpose of providing funds to pay the cost of acquiring real property and to
construct and purchase buildings, improvements, fixtures, machinery and equipment
to be leased to General Battery Corporation, prescribing the form and authorizing
the execution of a lease by and between said City and said Company." A motion
was made by Commissioner Weisgerber, seconded by Commissioner Caldwell to adopt
the ordinance as read and the following vote was had: Ayes: Caldwell, Usher,
Weisgerber, Simpson (4). Nays: (0). Commissioner Duckers absent. Carried.
The Mayor approved the ordinance and it is numbered 8513. The ordinance was
introduced for first reading September 16, 1976.
A RESOLUTION was introduced and passed authorizing the Mayor to execute
the Official Statement, to execute this City's acceptance of the Series A bond
purchase agreement and to execute the City's acceptance of the Series B bond
purchase agreement.
The City Attorney explained, "This resolution merely is the information
statement that they requested the City to sign. It is more or less information
in regards to the $1,000,000.00 issue. In this regards we do have an indemnity
agreement signed by General Battery Corporation and Goldman, Sachs and Company
to indemnify the city in the event there would be any mis-statement of fact or
anything else in the statement. Also in this respect the Series A bonds in the
amount of $1,000,000.00 and which are tax exempt are being purchased by Goldman,
Sachs and Company of New York. The Series B bonds in the amount of $7,000,000.00
which are not tax exempt but which are guaranteed by the Farmers Home Administrate
are being purchased by The Western and Southern Life Insurance Company and
Business Men's Assurance Corporation of America."
A motion was made by Commissioner Usher, seconded by Commissioner
Weisgerber to adopt the Resolution as read and the following vote was had:
Ayes: Caldwell, Usher, Weisgerber, Simpson (4). Nays: (0). Carried. The Mayor
approved the Resolution and it is numbered 3291.
A RESOLUTION was introduced and passed entitled: "A RESOLUTION determin
the advisability of sanitary sewer improvements, estimating the cost thereof,
defining the boundaries of the improvement district, method of assessment,
apportioning the cost between the improvement district and the City -at -large."
(Engineering Project 76-612). A motion was made by Commissioner Usher, seconded
by Commissioner Caldwell to adopt the Resolution as read and the following vote
was had: Ayes: Caldwell, Usher, Weisgerber, Simpson (4). Nays: (0). Commission
Duckers absent. Carried. The Mayor approved the Resolution and it is numbered
3292.
PUBLIC AGENDA
PETITION NUMBER 3592 was filed by Dr. Leon F. Noller to protest
Petition Number 3590 which is to prohibit parking on the south side of Iron
Avenue from Delaware to Indiana Avenue. This would tend to eliminate most of
the parking for two dental offices and a beauty shop on the north side of Iron.
It would make the congestion on the north side, and therefore make entrance to
and from Lakewood Park unsafe. A motion was made by Commissioner Usher, seconded
by Commissioner Weisgerber to refer the petition to the City Engineer for a
recommendation. Ayes: (4). Nays: (0). Motion carried.
PETITION NUMBER 3593 was filed by John Jaworski, for the rezoning of
Lots 8, 9, 10, Block 3, Riverview Addition from District "A" (Second Dwelling
House District) to District "B" (Two -Family Dwelling House District). A motion
was made by Commissioner Caldwell, seconded by Commissioner Weisgerber to refer
the petition to the City Planning Commission. Ayes: (4). Nays: (0). Motion
carried.
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A CEREAL MALT BEVERAGE license application was filed by Margaret Ann
Musgrove, d/b/a Shanty Bo's, 340 North 12th Street. (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 Usher, seconded by Commissioner Caldwell to
approve the license application and authorize the City Clerk to issue the license.
Ayes: (4). Nays: (0). Motion carried.
COMMISSION AGENDA
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Usher to add an amendment to an agreement with Wilson and Company for Water
Sludge Disposal Facilities to the agenda for consideration. Ayes: (4). Nays:
(0). Motion carried.
Mr. Olson explained there are 2 amendments to the original agreement,
1. the rate for field inspections be changed from $500.00 a week to a lump sum
figure of $22,000.00; and 2. the cost of the Operation Manual be increased from
$8,000.00 to $10,000.00.
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Usher to approve the amendments to the agreement and authorize the Mayor to sign
the supplemental agreement. Ayes: (4). Nays: (0). Motion carried.
Mr. Bengtson asked the Commissioners to recess into executive session
to discuss the acquisition of land for the Water Sludge Disposal facilities.
A motion was made by Commissioner Usher, seconded by Commissioner
Caldwell to recess to executive session to discuss land acquisition. Ayes: (4).
Nays: (0). Motion carried.
The Commissioners recessed at 4:16 P.M. and reconvened at 5:10 P.M.
A motion was made by Commissioner Usher, seconded by Commissioner
Weisgerber that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (4). Nays: (0). Motion carried.
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D. L. Harrison, City Clerk