12-10-1990 MinutesAction
90-440
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
DECEMBER 10, 1990
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, December 10, 1990, at 4:00
p.m.
There were present:
Mayor Robert E. Frank, Chairman presiding
Commissioner Carol E. Beggs
Commissioner John Divine
Commissioner Stephen C. Ryan
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
None
AWARDS - PROCLAMATIONS
None
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing on the amendment of the 1990 budget. [increasing the
Park and Recreation Budget]
Mayor Frank declared the public hearing open.
Bob Biles, Director of Finance and Administration, reviewed the
budget amendment.
There were no comments, written or oral, filed so the Mayor declared
the public hearing closed.
(5.2) First Reading Ordinance Number 90-9417, amending the budget of the
City of Salina for the year beginning January 1, 1990 by amending Section 2 of
Ordinance Number 89-9340 in accordance with K.S.A. 79-2929a.
Moved by Commissioner Warner, seconded by Commissioner Divine that
Ordinance Number 90-9417, amending the budget of the City of Salina for the
year beginning January 1, 1990 by amending Section 2 of Ordinance Number
89-9340 in accordance with K.S.A. 79-2929a, be introduced for first reading.
Aye: (5) . Nay: (0) . Motion adopted.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting November 19, 1990.
(6.2) Approve the Minutes of the Special Meeting November 20, 1990.
Action
90-441
90-442
(6.3) Petition Number 4001, filed by John Fillinger, for a traffic control
device at the corner of Phillips and Charles Streets. [Refer to the City
Engineer for a recommendation.]
Moved by Commissioner Divine, seconded by Commissioner Beggs that
all items on the consent agenda be approved with the correction of the Minutes
of the Regular Meeting November 19, 1990 that Barbara Gibson is the name of
the CKF representative and the Minutes of the Special Meeting November 20,
1990, that Commissioner Ryan was absent. Aye: (5) . Nay: (0) . Motion
adopted.
DEVELOPMENT BUSINESS
(7.1) Reconsideration of Planned Development District Application 90-2, filed
by D and B Investments for the rezoning of Lots 11 , 13, 15, 17, 19, 21, 23,
Block 27, EMI to PDD/MH-S, and the recommendation of the City Planning
Commission that the application be denied.
(7.1a) Ordinance Number 90-9418.
(7.1b) Petition Number 4000, filed by residents living within 200 feet
of the property, protesting the proposed rezoning.
Roy Dudark, Director of Planning and Community Development,
reviewed the application, the valid protest petition and the City Planning
Commission recommendation. He explained the valid protest will require the City
Commission to approve the rezoning by a 4/5 vote.
Cornell Hutton, 1329 North Front, reviewed the packet of information
he presented to the City Commissioners, including drawings and a petition
signed by 41 property owners protesting the rezoning.
Rose Base, 1205 North 3rd, showed pictures of the area; Lonnie
Kibler, 1301 North Front; Nan Toothman, 305 East Otis; Elsie Brotherton,
420 East Otis; E. M. Brotherton, 420 East Otis; Morna Mastellar, 1207 North
Fifth, spoke in opposition to the rezoning and asked the City Commission to
deny the rezoning request.
Bob and Joyce Gile, 838 Fairdale Road, the applicants, said they will
agree to the 10 restrictions, spoke of the need for low-cost housing and asked
for City Commission approval.
Lonnie Wilson, 2025 Ridgeview Road; Ann Parr, worker for the hungry
and homeless; Agner Purney, 1705 Glenn; Brenda Fillmore, 1231 North Fourth,
representing. Orville Crowder; Stanley Wylert, President of Wholesale Mobile
Homes, Inc, 1731 North Ninth; Ernest Cole, 153 South Front, spoke in favor of
allowing manufactured homes in the Planned Development District and asked for
City Commission approval.
The Commissioners and staff discussed the matter.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Ordinance Number 90-9418, providing for the amendment of Ordinance Number
8526, the same being Chapter 42 of the Salina Code, and the Zoning District Map
therein and thereby adopted and providing for the rezoning of certain property
within the City and prescribing the proper uses thereof be introduced for first
reading with the amendment of Section 2, (1) to allow only manufactured homes
built after January 1, 1985; and that the rezoning will not set a precedent, that
the Planning Department should report back on the result and success of the
area based on the approved conditions because of the deviation from standard
policy. Aye: Beggs, Divine, Ryan, Warner. (4) . Nay: Frank (1) . Motion
adopted.
(7.2) Recommendation from the City Planning Commission that Zoning
Application 90-17, filed by the City Planning Commission, for the amendment of
Section 42-552, regarding paved surfacing for off-street parking areas and
access drives, be approved. [Introduce Ordinance 90-9419 for first reading]
Action
90-443
90-444
90-445
90-446
Roy Dudark, Director of Planning and Community Development,
reviewed the code changes.
Joe Kroneberger, owner of property on North Ninth Street, asked if
he will be able to use his property because of the parking restrictions and
because of its location in the flood plain.
Ernest Cole, 153 South Front, attempted to interpret the ordinance for
Mr. Kroneberger.
Staff suggested Mr. Kroneberger discuss the individual property with
Mr. Dudark to determine how he can use his property.
Moved by Commissioner Ryan, seconded by Commissioner Beggs that
Ordinance Number 90-9419, amending Section 42-552 of the Salina Code
pertaining to standards for off-street parking; and repealing the existing
section, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted.
ADMINISTRATION
(8.1) Selection of real estate agency to market three surplus properties.
Bob Biles, Director of Finance and Administration, reviewed the
proposals and recommended the late filing by John Heline, of Millwood Realty, be
waived and the contract awarded to him to market the three surplus properties.
Commissioner Warner expressed concern that deadlines which are
routinely waived make the City Commission look ridiculous.
Moved by Commissioner Divine, that the contract be awarded to John
Heline for a 9% commission, a 1% penalty for late filing. Motion died for lack of
a second.
Moved by Commissioner Beggs, seconded by Commissioner Frank that
the contract be awarded to Max McClintock, due to the late filing of the John
Heline proposal. Aye: Beggs, Divine, Warner, Frank. (4). Nay: Ryan (1).
Motion adopted.
(8.2) Resolution Number 90-4256, determining that certain real estate is no
longer needed by the City of Salina for park purposes and that a sale thereof
would be in the best interest of the City. [Dedicated park land in Likins-Foster
Addition. )
Moved by Commissioner Warner, seconded by Commissioner Ryan and
Beggs that Resolution Number 90-4256, determining that certain real estate is no
longer needed by the City of Salina for park purposes and that a sale thereof
would be in the best interest of the City, be adopted. Aye: (5). Nay: (0).
Motion adopted.
Commissioner Beggs asked that the City Attorney and staff check into
the status of the property at 145 South Broadway to be sure the City has clear
title.
(8.3) Report on bids received December 4, 1990 for Engineering Project
90-812 for the rehabilitation of the Sunset Park Tennis Courts. [Award the
contract to J. H. Shears and Sons, Inc. in the amount of $22,0441
Steve Snyder, Director of Parks and Recreation, reviewed the bids.
90-447 Moved by Commissioner Divine, seconded by Commissioner Beggs and
Warner that the recommendation of the City staff be accepted, that the contract
be awarded to J. H. Shears Sons, Inc. in the amount of $22,044. Aye: (5).
Nay: (0). Motion adopted.
Action
90-448
90-449
90-450
90-451
90-452
(8.4) Resolution Number 90-4253, prescribing the corporate limits of the City
of Salina, Kansas, including land described in Ordinance Number 90-9406, and
repealing Resolution Number 89-4149.
Moved by Commissioner Ryan, seconded by Commissioner Divine that
Resolution Number 90-4253, prescribing the corporate limits of the City of
Salina, Kansas, including land described in Ordinance Number 90-9406, and
repealing Resolution Number 89-4149, be adopted. Aye: (5) . Nay: (0) . Motion
adopted.
(8.5) Resolution Number 90-4254, authorizing the Mayor or City Manager to
execute amendment number seven (7) to the Department of Housing and Urban
Development annual contributions contract KC -7015.
Abner Purney, Housing Authority Director, explained this contract
amendment is for 20 one bedroom units of which 10 are reserved for homeless.
Moved by Commissioner Warner, seconded by Commissioner Ryan that
Resolution Number 90-4254, authorizing the Mayor or City Manager to execute
amendment number seven (7) to the Department of Housing and Urban
Development annual contributions contract KC -7015, be adopted. Aye: (5) .
Nay: (0) . Motion adopted.
(8.6) Resolution Number 90-4255, authorizing the Mayor or City Manager to
execute amendment number eight (8) to the Department of Housing and Urban
Development annual contributions contract KC -7015.
Abner Purney, Housing Authority Director, explained this contract
amendment is for 29 units under the voucher program. (25 two bedroom, 3 four
bedroom and 1 five bedroom units)
Moved by Commissioner Divine, seconded by Commissioner Ryan that
Resolution Number 90-4255, authorizing the Mayor or City Manager to execute
amendment number eight (8) to the Department of Housing and Urban
Development annual contributions contract KC -7015, be adopted. Aye: (5) .
Nay: (0) . Motion adopted.
(8.7) Report on bids received December 4, 1990 for Engineering Project
90-817 for Water Tower Painting. [Award the contract to Maguire Iron, Inc of
Sioux Falls, South Dakota in the amount of $333,090.001
Don Hoff, Director of Engineering and Utilities, reported on the bids
received and reviewed the project.
Moved by Commissioner Beggs, seconded by Commissioner Ryan that
the recommendation of the staff be accepted, that the contract be awarded to
Maguire Iron, Inc. of Sioux Falls, South Dakota, in the amount of $333,090.
Aye: (5) . Nay: (0) . Motion adopted.
(8.8) Request for executive session to discuss a legal matter.
Moved by Commissioner Divine, seconded by Commissioner Warner that
the Board of Commissioners recess into executive session for the purpose of
discussing a matter deemed subject to the Attorney/client privilege for the
reason that public discussion at this time would adversely affect the City's
position regarding the matter and to reconvene in this room in 20 minutes.
7:33 p.m.
The Board of Commissioners adjourned at 7:16 p.m. and reconvened at
The Commissioners took no action.
OTHER BUSINESS
Mayor Frank said handicapped awareness will be covered in the
City-wide newsletter to be distributed next week, that the 9th and Crawford
intersection is open and that there is construction on West Crawford.
Action
90-453
ADJOURNMENT
Moved by Commissioner Ryan, seconded by Commissioner Warner that
the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5).
Nay: (0) . Motion adopted. The meetin ourned at 7:35 p.m.
Robert E. Frank, or
[SEAL]
ATTEST:
Jacqueline Shiever, City Clerk