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11-02-1992 MinutesCox Pr Saline. Kansa 92-431 92-432 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS NOVEMBER 2, 1992 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, November 2, 1992, at 4:00 p.m. There were present: Mayor Carol E. Beggs, Chairman presiding Commissioner Peter F. Brungardt Commissioner John Divine Commissioner Stephen C. Ryan Commissioner Joseph A. Warner comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Jacqueline Shiever, City Clerk None None CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The Mayor proclaimed the Week of November 15 through 21, 1992 as "AMERICAN EDUCATION WEEK'. The proclamation was read by the City Clerk in the absence of Evelyn Hyde, President of NEA Salina. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting October 26, 1992. (6.2) Resolution Number 92-4522, authorizing the Mayor to execute and the City Clerk to attest an agreement between the City of Salina, Kansas and Images, Inc. for household and newspaper recycling services through December 31, 1993. (6.3) Resolution Number 92-4523, authorizing the designation of Kenwood Drive as a through street at its intersection with Greeley Avenue; authorizing the installation and marking of Greeley Avenue with a "Stop" sign at the intersection of Greeley Avenue at Kenwood Drive. Moved by Divine, seconded by Commissioner Warner that all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) . Motion adopted. DEVELOPMENT BUSINESS (7.1) Consider an amendment to the Comprehensive Land Use Plan Map. (Introduce Ordinance Number 92-9542 for first reading) Roy Dudark, Director of Planning and Community Development, reviewed the application and recommendation. Moved by Commissioner Brungardt, seconded by Commissioner Ryan that the recommendation of the City Planning Commission be accepted, and that Ordinance Number 92-9542, amending the Comprehensive Land Use Plan of the City of Salina, Kansas, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. 92-433 92-434 92-435 92-436 (7.2) Recommendation from the City Planning Commission that Zoning Application 92-11, filed by Salina Concrete Products, Inc., for the rezoning of the East 40' of Lot 9 and all Lots 10 and 11, Block 8, Elmdale Addition to District C-5, be approved. (Introduce Ordinance Number 92-9543 for first reading.) Roy Dudark, Director of Planning and Community Development, reviewed the application and recommendation of the City Planning Commission. Moved by Commissioner Ryan, seconded by Commissioner Divine, that the recommendation of the City Planning Commission be accepted, that Zoning Application 92-11 be approved, and that Ordinance Number 92-9543, 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. ADMINISTRATION (8.1) Second Reading Ordinance Number 92-9541, repealing Section 34-24 of the Salina Code regarding the responsibility to clean and maintain trash containers. Moved by Commissioner Warner, seconded by Commissioner Brungardt that the Ordinance Number 92-9541, repealing Section 34-24 of the Salina Code regarding the responsibility to clean and maintain trash containers, be adopted. Aye: Brungardt, Divine, Ryan, Warner, Beggs (5) . Nay: (0) . Motion adopted. (8.2) Request for executive session to discuss an attorney-client matter. Moved by Commissioner Ryan, seconded by Commissioner Warner that the Board of Commissioners recess into Executive Session for 20 minutes to discuss a matter deemed subject to the attorney-client privilege, specifically potential legal action against the Maryland Casualty Insurance Company in relation to its denial of defense and coverage in the Eisele litigation and for the reason that public discussion would waive the attorney-client privilege and would adversely affect the City's position in the matter. Aye: (5) . Nay: (0) . Motion adopted. The Board of Commissioners recessed at 4:18 p.m. and reconvened at 4:37 p.m. Moved by Commissioner Warner, seconded by Commissioner Divine that the City Staff and legal counsel be authorized to file civil legal action against Maryland Casualty Insurance Company for the recovery of judgement amounts and defense costs incurred by the City in the Eisele case. Aye: (5) . Nay: (0) . Motion adopted. OTHER BUSINESS Mayor Beggs recognized the Leader and four members of Junior Girl Scout Troop 101 from Meadowlark Ridge School. ADJOURNMENT — 92-437 Moved by Commissioner Brungardt, seconded by Commissioner Warner that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5) . Nay: (0) . Motion adopted. The Meeting adjourned at 4:38 p.m. [ SEAL] ATTEST: Carol E. Beggs , Jacqueline Shiever, CMC City Clerk v� MaY o�