04-22-1991 MinutesKuhn -Cox
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
APRIL 22, 1991
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, April 22, 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
CITIZEN FORUM
William Nelson, 917 N. 13th, Lot 22, requested that City staff take
a close look at the necessity to license mobile home parks while the license
fees are being evaluated.
AWARDS - PROCLAMATIONS
(4.1) The Mayor proclaimed the Week of April 21 through 27, 1991 as
"VICTIMS RIGHTS WEEK." The proclamation was read by Nancy Bonowitz,
Victim Witness Coordinator of the Saline County Attorney's office.
(4.2) The Mayor proclaimed the Week of April 21 through 27, 1991 as
"NATIONAL VOLUNTEER WEEK." The proclamation was read by Leadell
Ediger, President of the Salina Association of Volunteer Administrators.
(4.3) The Mayor proclaimed the Week of April 21 through 27, 1991 as
"NATIONAL CREDIT EDUCATION WEEK." The proclamation was read by
Margie Beck, Credit Counselor of the Consumer Credit Counseling Service.
(4.4) The Mayor proclaimed the Week of April 21 through 27, 1991 as
"NATIONAL YWCA WEEK." The proclamation was read by Jan Long, President
of the YWCA Board of Directors.
(4.5) The Mayor proclaimed the Week of April 22 through 29, 1991 as
"SALINA DENTAL REFERRAL SERVICE WEEK." The proclamation was read by
Betty L. Brown, Director of the Family Hope Center.
(4.6) The Mayor proclaimed Friday, April 26, 1991 as "ARBOR DAY."
The proclamation was read by Suzie Marietta, Chairperson of the Tree
Advisory Board.
Suzie Marietta, Chairperson of the Tree Advisory Board presented
Mayor Ryan the "Tree City U.S.A. Award for 1990" plaque.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
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CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting April 15, 1991.
(6.2) Report on bids received April 16, 1991 for Engineering Project
91-831 for backstop and fencing at East Crawford Recreation area. Reject all
bids and set April 30, 1991 to receive bids.
(6.3) Petition 4010, filed by Floyd Bernhardt Construction for the
curbing, guttering, paving, grading Meyer Drive from Martin Street south to
the cul-de-sac, water main and service. (Refer to the City Engineer for a
report on the validity of the petition) .
Moved by Commissioner Warner, seconded by Commissioner Divine
that all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) .
Motion adopted.
None
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Third Reading Ordinance Number 91-9435, authorizing issuance of a
request for proposals, setting dates for response, establishing standards for
review of Salina Cable TV's request for a franchise renewal, establishing
procedures and standards for receiving and reviewing franchise applications
by others, establishing legal qualifications for a franchise, designating an
access management entity and requiring that any cable system obtain a
franchise.
Dennis Kissinger, City Manager, explained this ordinance was tabled
at the April 15, 1991 Commission meeting to incorporate changes required by
the Cable TV Act of 1984. He said the designation of an access management
entity has been added to the ordinance.
The City Commissioners and City Manager discussed the cable
franchise process.
Moved by Commissioner Divine, seconded by Commissioner Brungardt
that Ordinance Number 91-9435, authorizing issuance of a request for
proposals, setting dates for response, establishing standards for review of
Salina Cable TV's request for a franchise renewal, establishing procedures and
standards for receiving and reviewing franchise applications by others,
establishing legal qualifications for a franchise, designating an access
management entity and requiring that any cable system obtain a franchise, be
adopted as amended. Aye: Beggs, Brungardt, Divine, Warner, Ryan (5) .
Nay: (0) . Motion adopted.
(8.2) Second Reading Ordinance Number 91-9438, levying special
assessments on lots, pieces and parcels of ground in the City of Salina,
Kansas for the purpose of paying a portion of the cost of certain street and
utility improvements in Country Club Estates Additions 2, 3, 4; Country Oak
Estates, Mariposa, Meyer and Waters Additions.
Don Hoff, City Engineer, said staff met with Mr. Lynn Elder and
found no error in the calculations of his assessment. He said the assessments
were lower than those anticipated at the time Mr. Elder signed the petition
for improvements.
Lynn Elder, 1201 E. Republic, said he signed the petition requesting
the improvements on Republic, but thought special assessments were based on
front footage, not adjusted front footage and felt he was not being assessed
fairly compared with neighboring lots.
Moved by Commissioner Warner, seconded by Commissioner Beggs
that Ordinance Number 91-9438, levying special assessments on lots, pieces
and parcels of ground in the City of Salina, Kansas for the purpose of paying
a portion of the cost of certain street and utility improvements in Country
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Club Estates Additions 2, 3, 4; Country Oak Estates, Mariposa, Meyer and
Waters Additions, be adopted. Aye: Beggs, Brungardt, Divine, Warner,
Ryan. (5) . Nay: (0) . Motion adopted.
(8.3) Consider approval of a grant application to be submitted to the
Kansas Department of Administration, Office of Drug Abuse Programs for
consideration relative to funding a Drug Abuse Resistance Education program.
Dennis Kissinger, City Manager, said this item was not ready for
consideration and asked that it be removed from the agenda.
Moved by Commissioner Divine, seconded by Commissioner Brungardt
that item 8.3 be removed from the agenda. Aye: (5) . Nay: (0) . Motion
adopted.
(8.4) Accept the Rotary Club funds and in-service donation to renovate
the Statue of Liberty in Oakdale Park.
Steve Snyder, Director of Parks and Recreation, said staff estimated
the cost to repair the statue at $3,000. The Rotary Club is proposing to
donate $1,500 in cash and in-kind services. Staff recommended accepting the
Rotary Club offer and funding the remaining balance from park maintenance
funds. The project is anticipated to be complete for a July 4th ceremony.
Ed Poague, President of the Salina Rotary Club, explained the Club
is celebrating its 75th Anniversary and wanted to do some project for the good
of the community.
Moved by Commissioner Brungardt, seconded by Commissioner Beggs
that the Rotary Club funds and in-service donation to renovate the Statue of
Liberty in Oakdale Park, be accepted. Aye: (5) . Nay: (0) . Motion adopted.
(8.5) Resolution Number 91-4298, determining it necessary to acquire fee
simple title to certain real estate for the use of the City of Salina, Kansas,
for the purposes of a City vehicle fueling facility and utility distribution
warehouse.
Dennis Kissinger, City Manager, explained that federal regulations
require the City of Salina's underground fuel tanks be removed by the end of
the year. Negotiations continue to purchase the property from Union Pacific
Railroad and this resolution is the first step to condemn the property if
negotiations are unsuccessful.
Moved by Commissioner Warner, seconded by Commissioner Divine
that Resolution 91-4298, determining it necessary to acquire fee simple title
to certain real estate for the use of the City of Salina, Kansas, for the
purposes of a City vehicle fueling facility and utility distribution
warehouse, be adopted. Aye: (5). Nay: (0). Motion adopted.
(8.6) First Reading Ordinance Number 91-9439, amending Article II of
Chapter 27 of the Salina Code regarding park regulations and repealing the
existing Article.
Dennis Kissinger, City Manager, explained that this came to the
Commission as a special request from citizens (Petition 4008) wanting to fish
in the parks during park curfew. He recommended establishing a permit
procedure to allow citizens to use the parks after hours to fish or for some
other reasonable request.
Ernest Cole, 153 S. Front, filed the petition. He said he can
appreciate some of the concerns of allowing use of the parks after hours and
felt that the permit system was a good method of protection for the parks. He
thanked staff for expediting the request.
Moved by Commissioner Beggs, seconded by Commissioner Warner
that Ordinance Number 91-9439, amending Article II of Chapter 27 of the
Salina Code regarding park regulations and repealing the existing Article, be
adopted. Aye: (5) . Nay: (0) . Motion adopted.
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(8.7) Executive Session to discuss cable television franchise negotiations
with the City Attorney.
Moved by Commissioner Warner, seconded by Commissioner Divine
that the Board of Commissioners recess into Executive Session for 30 minutes
for the purpose of discussing a matter deemed subject to the attorney/client
privilege for the reason that public discussion of the matter would adversely
affect the City's position regarding the matter. Aye: (5) . Nay: (0) . Motion
adopted.
The Board of Commissioners recessed at 5:01 p.m. and reconvened
at 5:34 p.m.
The Commissioners took no action.
OTHER BUSINESS
Mayor Ryan announced there would be no meeting April 29, 1991 as
it is a fifth Monday.
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 5:35 p.m.
*V&� -x--
Stephen CqRn, Mayor
(SEAL)
ATTEST:
Jacqueline Shiever, City Clerk