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11-04-1991 MinutesH,,h, C P,,01 n —Sal Kan's --- 91-464 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS NOVEMBER 4, 1991 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, November 4, 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: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Jacqueline Shiever, City Clerk None None CITIZEN FORUM AWARDS AND PROCLAMATIONS (4.1) The Mayor proclaimed the Week of November 11 through 15, 1991 as "NATIONAL GUARD AWARENESS WEEK." The proclamation was read by Lt. Col. Chris Foley, Kansas National Guard. (4.2) The Mayor proclaimed Monday, November 11, 1991 as "VETERANS' DAY." The proclamation was read by Willie Beard, Commander of the V.F.W. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing required by Resolution 91-4389, adopted by the Board of Commissioners on October 14, 1991, for the vacation of a portion of a certain utility easement in Block 4, Replat of Schippel, Blocks 4 and 5 and part of Block 3, requested in Petition 4321, filed by the City of Salina Engineering Department. (5. la) First Reading Ordinance 91-9473, providing for the vacation of a portion of a certain existing 10' utility easement in Lot 8, Block 4, Replat of Schippel Addition, Blocks 4 and 5 and part of 3 of the City of Salina, Saline County, Kansas. Shawn O'Leary, Assistant City Engineer, reported on the details of the vacation request and recommended it be approved. The Mayor declared the public hearing open. There were no comments, written or oral filed, so the Mayor declared the public hearing closed. Moved by Commissioner Warner, seconded by Commissioner Brungardt that the recommendation of the City Engineer be accepted, that Petition 4321 be approved, and that Ordinance Number 91-9473, providing for the vacation of a portion of a certain existing 10' utility easement in Lot 8, Block 4, Replat of Schippel Addition, Blocks 4 and 5 and part of 3, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. ------ ----- — K1h1 C P ikt nq - $aLna. Kansa 91-465 91-466 91-467 (5.2) Public Hearing required by Resolution 91-4391, adopted by the Board of Commissioners on October 14, 1991, for the vacation of a certain north -south alley between Ninth Street and Highland Avenue, from the north line of Kirwin Avenue to the south line of the intersecting east -west alley in the Grounds of Kansas Wesleyan University Addition, requested in Petition 4323, filed by Dennis Sperling. (5.2a) First Reading Ordinance 91-9474, providing for the vacation of the certain 15' north -south alley right-of-way between Ninth Street ad Highland Avenue from the north line of Kirwin Avenue to the south line of the intersecting east -west alley, in the Grounds of Kansas Wesleyan University Addition to the City of Salina, Saline County, Kansas. Shawn O'Leary, Assistant City Engineer, reported on the details of the vacation request and recommended approval of the vacation, with conditions. The Commissioners and staff discussed the details of the request. The Mayor declared the public hearing open. There were no comments, written or oral filed, so the Mayor declared the public hearing closed. Moved by Commissioner Divine, seconded by Commissioner Beggs that the recommendation of the City Engineer be accepted, that Petition 4323 be approved, and that Ordinance 91-9474, providing for the vacation of the certain 15' north -south alley right-of-way between Ninth Street and Highland Avenue from the north line of Kirwin Avenue to the south line of the intersecting east -west alley, in the Grounds of Kansas Wesleyan University Addition to the City of Salina, Saline County, Kansas, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (5.3) Public Hearing required by Resolution 91-4390, adopted by the Board of Commissioners on October 14, 1991, for the vacation of a storm water detention easement and utility easement in Block 1, Wallerius Addition Number 2, requested in Petition 4322, filed by Southwestern Mobile Homes. (Continue the public hearing to November 18, 1991) . Shawn O'Leary, Assistant City Engineer, reported the petitioner is still negotiating with the utility companies concerning this request and asked that the public hearing be continued until November 18, 1991. The Mayor declared the public hearing open. Moved by Commissioner Beggs, seconded by Commissioner Divine that the recommendation of the City Engineer be accepted and that the public hearing be continued to November 18, 1991. Aye: (5) . Nay: (0) . Motion adopted. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting October 28, 1991. (6.2) Set the date of December 10, 1991 for a public auction of City of Salina surplus equipment. (6.3) Set the date of December 3, 1991 to receive bids on Engineering Project 91-843, South Eleventh Street Improvements. Moved by Commissioner Brungardt, seconded by Commissioner Warner 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 Conditional Use Application 91-8, filed by Ted Long to allow a nursery and landscaping business at 1605 E. Cloud, be denied. K nLo i �al�.na. Kfliis2� 91-468 91-469 91-470 Roy Dudark, Director of Planning and Community Development, reviewed the City Planning Commission recommendation that the Conditional Use request be denied. The City Commissioners and staff discussed aspects of the request. Ken Wasserman, Attorney for the applicant, asked that the application be returned to the City Planning Commission for reconsideration so the applicant can re -present his intended use of the property. Roy Dudark, Director of Planning and Community Development, suggested that the applicant should file a new application describing the different proposal for intended use of the property as presented today. Moved by Commissioner Warner, seconded by Commissioner Divine that the recommendation of the City Planning Commission be accepted and that Conditional Use Application 91-8 be denied. Aye: (5) . Nay: (0) . Motion adopted. ADMINISTRATION (8.1) Second Reading Ordinance Number 91-9472, levying the annual Business Improvement District service fees for 1992 applicable to all businesses located within the Salina Business Improvement District Number 1; and repealing Ordinance Number 90-9415. Judy Ewalt, Coordinator of Salina Downtown, Inc. , said she received no calls during the week concerning the fee change for 1992. Moved by Commissioner Brungardt, seconded by Commissioner Beggs that Ordinance Number 91-9472, levying the annual Business Improvement District service fees for 1992 applicable to all businesses located within the Salina Business Improvement District Number 1; and repealing Ordinance Number 90-9415, be adopted. Aye: Beggs, Brungardt, Divine, Warner, Ryan. (5). Nay: (0). Motion adopted. (8.2) First Reading Ordinance Number 91-9475, providing for the amendment of Chapter 25 of the Salina Code pertaining to offenses in general; anticipatory offenses; offenses against persons; sex offenses; offenses affecting children; offenses against property; offenses affecting governmental functions; offenses against the public peace; offenses against public safety; offenses against public morals; penalties; and repealing the existing chapter. James Hill, Chief of Police, reviewed the changes in Chapter 25 of the Salina Code and said these amendments bring the Salina Code into conformance with State statutes. The Commissioners and staff discussed the scope of the offenses covered by this ordinance. Moved by Commissioner Beggs, seconded by Commissioner Divine that Ordinance Number 91-9475, providing for the amendment of Chapter 25 of the Salina Code pertaining to offenses in general; anticipatory offenses; offenses against persons; sex offenses; offenses affecting children; offenses against property; offenses affecting governmental functions; offenses against the public peace; offenses against public safety; offenses against public morals; penalties; and repealing the existing chapter, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. (8.3) First Reading Ordinance Number 91-9476, amending Section 5-123 of the Salina Code pertaining to the hours of operation for clubs and drinking establishments; and repealing the existing section. James Hill, Police Chief, said this amendment brings this section of the Salina Code into compliance with State statutes. r�mmio ci�r� _ K.— C `, g - dal Baa. K—ij 91-471 91-472 91-473 91-474 91-475 Moved by Commissioner Warner, seconded by Commissioner Brungardt that Ordinance Number 91-9476, amending Section 5-123 of the Salina Code pertaining to the hours of operation for clubs and drinking establishments; and repealing the existing section, be introduced for first reading. Aye: (5). Nay: (0) . Motion adopted. (8.4) Resolution Number 91-4395, authorizing the Mayor to execute and the City Clerk to attest the Smoky Hill Museum / Emergency Preparedness Cooperation Agreement between the City of Salina and the County of Saline. Dennis Kissinger, City Manager, explained this agreement provides for the funding of the Smoky Hill Museum by the City, and Emergency Preparedness by the County. The Commissioners and staff reviewed the ramifications of the agreement. Moved by Commissioner Warner, seconded by Commissioner Brungardt that Resolution Number 91-4395, authorizing the Mayor to execute and the City Clerk to attest the Smoky Hill Museum / Emergency Preparedness Cooperation Agreement between the City of Salina and the County of Saline, be adopted. Aye: (5). Nay: (0). Motion adopted. (8.5) Resolution Number 91-4396, authorizing the Mayor to execute and the City Clerk to attest an agreement between the City of Salina, Kansas and Jim Swedlund to provide appraisal and acquisition services in an amount not to exceed $19,760.00. Shawn O'Leary, Assistant City Engineer, said this agreement relates to the Schilling / I-135 interchange and the West North Street Bridge projects, and recommended approval of the agreement. Moved by Commissioner Brungardt, seconded by Commissioner Divine that Resolution Number 91-4396, authorizing the Mayor to execute and the City Clerk to attest an agreement between the City of Salina, Kansas and Jim Swedlund to provide appraisal and acquisition services in an amount not to exceed $19,760.00, be adopted. Aye: (5). Nay: (0). Motion adopted. (8.6) Consideration of 1992 Special Alcohol Fund Allocation. Robert K. Biles, Director of Finance and Administration, reviewed the 1992 allocation of Special Alcohol Funds and listed the City Commission options. Kay Rickard, Director of the Citizens Coalition, said she sent the report requested by the Commissioners. Mr. Biles replied is has not been received. Lefty Engebritson, Executive Director of the Central Kansas Foundation, asked that their funds be confirmed. Moved by Commissioner Warner, seconded by Commissioner Brungardt that 1992 funding for Central Kansas Foundation be confirmed, and that action be delayed until November 18, 1991 on funding for Citizens Coalition so past funds can be accounted for and future goals and programs are established. Aye: (5). Nay: (0). Motion adopted. (8.7) Approval of the Preliminary Official Statement for General Obligation Bond Series C-239, in the amount of $1,785,000.00. Robert K. Biles, Director of Finance and Administration, said this bond issue will finance the West Crawford Street Improvements, Phase II. Moved by Commissioner Warner, seconded by Commissioner Divine that the Preliminary Official Statement for General Obligation Bond Series C-239, in the amount of $1,785,000, be approved. Aye: (5). Nay: (0). Motion adopted. 91-476 91-477 (8.8) Set the date of Monday, November 25, 1991 at 2:00 p.m. to receive bids on General Obligation Internal Improvement Bonds, Series C-239, in the amount of $1,785,000.00. Moved by Commissioner Beggs, seconded by Commissioner Brungardt that Monday, November 25, 1991 at 2:00 p.m. be set to receive bids on General Obligation Internal Improvement Bonds, Series C-239, in the amount of $1,785,000.00. Aye: (5). Nay: (0). Motion adopted. OTHER BUSINESS Commissioner Warner announced there will not be a City Commission meeting on Monday, November 11, 1991, as it is "Veterans Day." ADJOURNMENT Moved by Commissioner Beggs, seconded by Mayor Regular Meeting of the Board of Commissioners be adjourned. (0) . Motion adopted. The meeting adjourned at 5:21 p.m. Stephen C. R n, Mayor (SEAL) ATTEST: Jacqueline Shiever, City Clerk Ryan that the Aye: (5). Nay: