05-13-1991 MinutesCommiccion
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
MAY 13, 1991
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, May 13, 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
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The Mayor proclaimed the Week of May 12 through 18, 1991 as
"EMERGENCY MEDICAL SERVICES WEEK." The proclamation was read by
Carol Vineyard, Public Education Specialist.
Chief Girard presented a Community Service Award to Ray Laskowski
who pulled Brian Miller from the Smoky Hill River in January 1991.
Chief Girard acknowledged Angie Weigle and Jennifer Lass, RN's for
St. John's Hospital; Lt. Marvin Van Blaricon, Lt. Joe Dickerson, Lt. Chuck
Donmeyer and Ken Johnson, Rescue and Paramedic crew who responded to the
call; and, Joe Knott, EMS Division Chief, and thanked them as members of the
team effort.
(4.2) The Mayor proclaimed the Week of May 12 through 18, 1991 as "LIFE
UNDERWRITERS' WEEK." The proclamation was read by Brian Spencer,
member of the Board of Directors of the Salina Association of Life
Underwriters.
(4.3) The Mayor proclaimed the Week of May 12 through 18, 1991 as
"NATIONAL HISTORIC PRESERVATION WEEK." The proclamation was read by
Judy Ewalt, Coordinator, Salina Downtown, Inc., John Marietta, Heritage
Commission and Tom Pfannenstiel, Director of the Smoky Hill Museum.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Consideration of revocation of Cereal Malt Beverage license.
Mayor Ryan declared the public hearing open.
Police Chief James Hill reviewed the background of this case and the
documented violations and convictions leading to the request for revocation of
cereal malt beverage license #6933 issued to Robert L. Maag, doing business as
Quick Stop, 842 N. Santa Fe.
Greg Bengtson, City Attorney, reviewed the legal statutory
requirements for the City Commission to revoke a cereal malt beverage license.
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The City Commission and staff discussed the licensing and appeal
procedures.
John Reynolds, attorney for Mr. Maag, explained that his firm
received the notice of hearing just that morning and asked for a continuance
of the hearing for 2 weeks to 30 days.
There were no other comments, so the Mayor declared the public
hearing closed.
Moved by Commissioner Brungardt, seconded by Commissioner
Warner that cereal malt beverage license 6933 issued to Robert L. Maag, dba
Quick Stop at 842 North Santa Fe be revoked pursuant to State law and Salina
Code Section 5-102 effective at 12:01 a.m. Sunday, May 19, 1991 based on the
following findings: the licensee was served with the notice of the revocation
hearing on May 6, 1991 and adoption of the Commissions findings for those
reasons outlined in the memorandum dated May 1, 1991 from Chief of Police
James D. Hill to City Manager Dennis Kissinger. Aye: (5) . Nay: (0) .
Motion adopted.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting May 6, 1991.
Moved by Commissioner Warner, seconded by Commissioner Beggs
that the Consent Agenda item be approved. Aye: (5) . Nay: (0) . Motion
adopted.
DEVELOPMENT BUSINESS
(7.1) Consideration of Amendments to the Housing Rehabilitation Revolving
Grant/Loan Program.
Roy Dudark, Director of Planning and Community Development,
reviewed the proposed amendments to the Housing Rehabilitation program, and
recommended the program be amended so grants may be awarded and loan
requirements be liberalized.
Moved by Commissioner Divine, seconded by Commissioner Beggs
that the staff recommendation be accepted and that the amendments to the
Housing Rehabilitation Revolving Grant/Loan Program be approved. Aye:
(5) . Nay: (0) . Motion adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 91-9440, amending Sections
42-303, 42-318, 42-332 and 42-686 of the Salina Code adding automobile repair
as a conditional use in Districts C-4 and C-5 and as a permitted use in
District C-6 and revising the definition of a gasoline service station, and
repealing the existing sections.
Moved by Commissioner Beggs, seconded by Commissioner Brungardt
that Ordinance Number 91-9440, amending Sections 42-303, 42-318, 42-332 and
42-686 of the Salina Code adding automobile repair as a conditional use in
Districts C-4 and C-5 and as a permitted use in District C-6 and revising the
definition of a gasoline service station, and repealing the existing sections,
be adopted. Aye: Beggs, Brungardt, Divine, Warner, Ryan. (5). Nay:
(0) . Motion adopted.
(8.2) First Reading Ordinance Number 91-9441 establishing the membership
of the Salina Business Improvement District Number 1 Board of Advisors,
amending Section 6 of Ordinance Number 83-8979 as amended by Ordinance
Number 87-9172; and repealing the existing Section 6.
commission
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Greg Bengtson, City Attorney, provided a brief background on this
item and the accompanying items 8.3 and 8.4. He said the Attorney General's
opinion is that elected officials cannot be voting members on other Boards or
Commissions.
The Commissioners and staff discussed the matter.
Moved by Commissioner Warner, seconded by Commissioner Divine
that Ordinance Number 91-9441 establishing the membership of the Salina
Business Improvement District Number 1 Board of Advisors, amending Section
6 of Ordinance Number 83-8979 as amended by Ordinance Number 87-9172; and
repealing the existing Section 6, be introduced for first reading. Aye: (5) .
Nay: (0) . Motion adopted.
(8.3) First Reading Ordinance Number 91-9442 repealing Division 2 of
Chapter 2 of the Salina Code regarding the Arts Commission; amending Section
2-162 of the Salina Code regarding membership of the Salina Arts and
Humanities Commission; and repealing the existing section.
Moved by Commissioner Brungardt, seconded by Commissioner Beggs
that Ordinance Number 91-9442 repealing Division 2 of Chapter 2 of the Salina
Code regarding the Arts Commission; amending Section 2-162 of the Salina
Code regarding membership of the Salina Arts and Humanities Commission; and
repealing the existing section, be introduced for first reading. Aye: (5).
Nay: (0) . Motion adopted.
(8.4) First Reading Charter Ordinance 26 amending Section 3 of Charter
Ordinance 22 concerning the membership of the Convention and Tourism
Committee; and repealing the existing section.
Moved by Commissioner Divine, seconded by Commissioner Beggs
that Charter Ordinance 26 amending Section 3 of Charter Ordinance 22
concerning the membership of the Convention and Tourism Committee; and
repealing the existing section, be introduced for first reading. Aye: (5) .
Nay: (0) . Motion adopted.
(8.5) Approve Change Order No. 5 for Engineering Project 90-803 for West
Crawford Street Improvements, Phase II, in the amount of $33,882.45.
Shawn O'Leary, Assistant City Engineer, explained the increase is to
correct utility system conflicts encountered in the present construction, such
as complete the gate structure at the dike, storm drainage modification, water
and storm drainage pipe improvements.
Moved by Commissioner Warner, seconded by Commissioner
Brungardt that the staff recommendation be accepted and that Change Order
No. 5 for Engineering Project 90-803 for West Crawford Street Improvements,
Phase II , in an amount not to exceed $33,882.45, be approved. Aye: (5) .
Nay: (0) . Motion adopted.
(8.6) First Reading Ordinance Number 91-9443, providing for the
construction of certain sidewalks; for the payment of the cost thereof and how
the same shall be assessed; and the manner of the payment therefor.
(Engineering Project 91-830, Ellsworth Sidewalk) .
Shawn O'Leary, Assistant City Engineer, explained that 14 of the 18
abutting property owners have obtained permits for the construction of the
sidewalks. This ordinance allows the City to proceed with the construction of
the remaining sidewalks and assess the property owners for the cost.
Moved by
Commissioner Beggs, seconded
by Commissioner Divine
that Ordinance
Number 91-9443, providing for the
construction of certain
sidewalks; for
the
payment of the cost thereof and
how the same shall be
assessed; and
the
manner of the payment therefor,
be introduced for first
reading. Aye:
(5) .
Nay: (0) . Motion adopted.
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OTHER BUSINESS
Mayor Ryan reminded everyone of the services to be held May 15 in
honor of Peace Officer Memorial Day.
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. The meeting adjourned at 5:05 p.m.
Siephen C. Ry Mayor
(SEAL)
ATTEST:
Jacqu line Shiever, City Clerk