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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.
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(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.
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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.
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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.
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(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: