12-09-1991 Minutes91-528
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
DECEMBER 9, 1991
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, December 9, 1991, at 4:00
p.m.
There were present:
Mayor Stephen C. Ryan, Chairman presiding
Commissioner Carol E. Beggs
Commissioner Peter F. Brungardt
Commissioner John Divine
Commissioner Joseph A. Warner
comprising a quorum of the Board, also present:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Jacqueline Shiever, City Clerk
Absent:
None
None
None
CITIZEN FORUM
AWARDS - PROCLAMATIONS
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting December 2, 1991.
(6.2) Set the date of January 21, 1992 as the date to receive bids for the
refurbishing and chassis replacement of a 1984 ambulance.
(6.3) Approve the Broadway Median Modification, Project Number 91-845,
and set the date of December 31, 1991 to receive bids .
(6.4) Petition Number 4324 was filed by Wilbur H. Davis and Ernest E. Cole
requesting the City to establish a Community Historical Museum, employing a
Director and assistants with all the necessary equipment, funds, and
necessities; and that all registered voters of the City of Salina, Kansas shall
have the opportunity to vote upon the following question: "Shall the City of
Salina, Kansas establish a community historical museum as authorized by K.S.A.
12-1681, et. seq., as amended, at 211 W. Iron Ave.?" ( Refer to City Attorney
for report)
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) .
Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission that Heritage
Conservation Application 91-4, filed by Richard A. and Twila Schneiders,
et al. , for the designation of the Santa Fe Historic District, be
approved. (Introduce Ordinance 91-9490 for first reading.)
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Roy Dudark, Director of Planning and Community Development,
reviewed the application and said the Heritage Commission recommends approval.
Twila Schneiders, 626 S. Santa Fe, said she filed the application on
behalf of many of her neighbors and asked for the City Commission approval.
Moved by Commissioner Divine, seconded by Commissioner Brungardt
that the recommendation of the Heritage Commission be accepted, that Heritage
Conservation Application 91-4, filed by Richard A. and Twila Schneiders,
et al., for the designation of the Santa Fe Historic District, be approved,
and that Ordinance 91-9490, designating an area of property consisting of
approximately 22.3 acres located in a small portion of the 500 block and all of
the 600 and 700 blocks of South Santa Fe Avenue (both sides), be introduced
for first reading. Aye: (5) . Nay: (0) . Motion adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance 91-9485, amending Sections 42-24, 42-25
and 42-26 of the Salina code pertaining to public hearing procedures, and
repealing the existing sections. (Z91-9, filed by CPC)
Moved by Commissioner Beggs, seconded by Commissioner Warner that
Ordinance 91-9485, amending Sections 42-24, 42-25 and 42-26 of the Salina code
pertaining to public hearing procedures, and repealing the existing sections,
be adopted. Aye: Beggs, Brungardt, Divine, Warner, Ryan. (5) . Nay: (0) .
Motion adopted.
(8.2) Second Reading Ordinance 91-9486, amending Section 42-63 of the
Salina Code pertaining to building on easements and repealing the existing
section. (Z91-9, filed by CPC)
Moved by Commissioner Warner, seconded by Commissioner Divine that
Ordinance 91-9486, amending Section 42-63 of the Salina Code pertaining to
building on easements and repealing the existing section, be adopted. Aye:
Beggs, Brungardt, Divine, Warner, Ryan. (5) . Nay: (0) . Motion adopted.
(8.3) Second Reading Ordinance 91-9487, amending Section 42-64 of the
Salina Code pertaining to residential -design manufactured homes and repealing
the existing section. (Z91-9, filed by CPC)
Ernest Cole, 153 S. Front, said he feels the minimum size of homes
specified in this Ordinance is too restrictive. He said very few manufacturers
build at these minimums.
Jim Haynes, Mid -Kansas Mobile Homes, said the pitched roof
requirements in Section 42-64(b) will create problems. He also said the
requirements in the Ordinance are too restrictive.
Bill Nelson, 917 N. 13th, said the Ordinance sets minimum standards
on the size of homes, and said the City should not set a precedent.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that Ordinance 91-9487, amending Section 42-64 of the Salina Code pertaining to
residential -design manufactured homes and repealing the existing section, be
adopted. Aye: Brungardt, Divine, Warner, Ryan. (4) . Nay: Beggs (1) .
Motion adopted.
Roy Dudark, Director of Planning and Community Development, asked
that Item 8.4 be deleted from the agenda.
(8.4) Second Reading Ordinance 91-9488, amending Article IV, Division 9 of
Chapter 42 of the Salina code pertaining to manufactured home district and
repealing the existing sections. (Z91-9, filed by CPC)
Moved by Commissioner Warner, seconded by Commissioner Beggs that
Item 8.4 be deleted from the agenda and sent back to the City Planning
Commission for reconsideration. Aye: (5) . Nay: (0) . Motion adopted.
K'JII,I. Pr v S
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(8.5) Second Reading Ordinance 91-9489, amending Sections 42-712.2,
42-712.3, 42-712.4, and 42-719.1 and adding Sections 42-712.5 and 42-712.6 of
the Salina Code pertaining to definitions of manufactured home, manufactured
home park, manufactured home subdivision, mobile home, residential design
manufactured home and modular home, and repealing the existing section.
Jim Haynes asked for clarification of the definitions of mobile homes
and manufactured homes.
Frank Parks, 1150 N. 12th, said he purchased a double -wide mobile
home in 1976 which met all city codes at that time. He invited anyone to come
by and look at his home.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Ordinance 91-9489, amending Sections 42-712.2, 42-712.3, 42-712.4, and
42-719.1 and adding Sections 42-712.5 and 42-712.6 of the Salina Code
pertaining to definitions of manufactured home, manufactured home park,
manufactured home subdivision, mobile home, residential design manufactured
home and modular home, and repealing the existing section, be adopted. Aye:
Beggs, Brungardt, Divine, Warner, Ryan (5) . Nay: (0) . Motion adopted.
(8.6) First Reading Ordinance Number 91-9491, regulating traffic within the
corporate limits of the City of Salina, Kansas; incorporating by reference the
"Standard Traffic Ordinance for Kansas Cities", edition of 1991; and repealing
the existing Salina Code Section 38-1.
Greg Bengtson, City Attorney, reviewed these changes. He said
adoption of this ordinance will adopt by reference the "Standard Traffic
Ordinance for Kansas Cities" which was prepared by the League of Kansas
Municipalities which conforms to the state statutes.
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that Ordinance Number 91-9491, regulating traffic within the corporate limits
of the City of Salina, Kansas; incorporating by reference the "Standard Traffic
Ordinance for Kansas Cities", edition of 1991; and repealing the existing
Salina Code Section 38-1, be introduced for first reading. Aye: (5) . Nay:
(0) . Motion adopted.
(8.7) Resolution Number 91-4408, prescribing the corporate limits of the
City of Salina, Kansas, excluding land described in Ordinance Number 91-9431,
and repealing Resolution Number 90-4253.
Moved by Commissioner Beggs, seconded by Commissioner Brungardt
that Resolution Number 91-4408, prescribing the corporate limits of the City of
Salina, Kansas, excluding land described in Ordinance Number 91-9431, and
repealing Resolution Number 90-4253, be adopted. Aye: (5) . Nay: (0) .
Motion adopted.
(8.8) City Engineer reports on bids received December 3, 1991, for
Engineering Project 91-843, South Eleventh Street Improvements. (Award the
contract to J. H. Shears' Sons, Inc. in the amount of $31,983.55).
Shawn O'Leary, Assistant City Engineer, reported on the bids
received and recommended the contract be awarded to J. H. Shears' Sons, Inc.
in the amount of $31,983.55.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that the staff recommendation be accepted and that the contract for Engineering
Project 91-843, South Eleventh Street Improvements, be awarded to J. H.
Shears' Sons, Inc. in the amount of $31,983.55. Aye: (5) . Nay: (0) . Motion
adopted.
(8.9) Set 4:00 p.m., Thursday, December 19, 1991 for a Special Meeting of
the Board of Commissioners to consider regular agenda items.
Mayor Ryan announced that there will be no meeting on Monday,
December 16, 1991 as the City Commissioners will be attending the National
League of Cities Conference. He said they will meet on Thursday, December
19, 1991 at 1:30 p.m. to discuss regular agenda items.
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Moved by Commissioner Divine, seconded by Commissioner Warner that
Thursday, December 19, 1991 at 1:30 p.m. be set for a Special Meeting of the
Board of Commissioners to consider regular agenda items. Aye: (5) . Nay:
(0) . Motion adopted.
(8.10) Request for executive session to discuss cable television franchise
negotiations with the City Attorney. (Estimated time 1 hour; no action
anticipated . )
Moved by Commissioner Beggs, seconded by Commissioner Brungardt
that the Board of Commissioners recess into executive session for 60 minutes to
discuss a matter deemed subject to the attorney-client privilege, specifically
a matter involving cable TV negotiations, for the reason that public discussion
of the matter would waive the attorney-client privilege and adversely affect
the City's position in the matter. Aye: (5) . Nay: (0) . Motion adopted.
The Commissioners recessed at 4:54 p.m. and reconvened at 5:55 p.m.
The Commissioners took no action.
None
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Beggs, seconded by Commissioner Warner that
the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5) .
Nay: (0) . Motion adopted. Meeting adjourned at 5:56 p.m.
( SEAL)
ATTEST:
Jacqueline Shiever, City Clerk
*OlaAQ,
Stephen C. Ran, Mayor
WAIVER AND CONSENT TO HOLD
A SPECIAL MEETING OF THE BOARD OF COMMISSIONERS
We, the undersigned, being duly elected, qualified and acting
City Commissioners of the City of Salina, Kansas, and constituting a
majority of the Board of Commissioners of the City of Salina, Kansas, do
hereby waive notice and consent to the holding of a special meeting of the
Board of Commissioners of the City of Salina, Kansas, on the 19th day of
December, 1991, at 1:30 p.m., for the purpose of considering the
following:
1. Regular Agenda Items
Dated this 9th day of December, 1991.
Stephen C. Ryab), Mayor
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Carol Beggs, Co sioner
Peter Brungardt, Co "ssioner
J Divine, Commissioner
osep A . Warner, Commissioner