01-07-1991 MinutesAction
91-001
_ 90-002
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JANUARY 7, 1991
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, January 7, 1991, 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
None
CITIZEN FORUM
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting December 17, 1990.
(6.2) Accept a report from the City Engineer on Petition Number 3965, filed
by the Heusner PTA, for sidewalk on Ellsworth. The recommendation is to
rescind City Commission action on August 20, 1990 and declare Petition Number
3965 invalid.
(6.3) Petition Number 4002, filed by the Heusner PTA, for sidewalk on the
north side of Ellsworth Avenue from Ohio Street to Roach Street. [Accept the
petition and refer it to the City Engineer for a report and recommendation on
January 14, 19911
(6.4) Request by Zane Krahl for permission to use 116" of city property for
aesthetic purposes adjacent to his property at 813, 815, 817 West Crawford.
[Refer to the City Engineer for a report and recommendation]
(6.5) Set the date of January 29, 1991 to receive bids on scheduled first
quarter 1991 vehicles and equipment.
Moved by Commissioner Divine, seconded by Commissioner Ryan that
setting the date to receive bids for Wastewater Department 1 ton truck be added
to the Consent Agenda for consideration. Aye: (5) . Nay: (0) . Motion
adopted.
(6.6) Set the date of January 29, 1991 to receive bids on a one ton dump
truck for the Wastewater Department of Water and Sewerage
Moved by Commissioner Divine, seconded by Commissioner Ryan that
all items on the Consent Agenda be approved, with the exception of 6.5, that
the Cushmans for the Police Department be removed from the list for bids to be
received and that staff be directed to evaluate the parking control in the
Business Improvement District, and with the correction of the minutes, at
Commission Action 90-465, ... seconded by Commissioner Divine, not
Commissioner Dudark. Aye: (5). Nay: (0). Motion adopted.
Action
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91-004
91-005
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission that County Plat
Application 90-1, filed by Lonnie Wilson, that the final plat of Salcom Addition, a
tract of land in the SWJ Section 11 , Township 14 South, Range 3 West, in Saline
County, be approved and the Mayor authorized to sign the final plat.
Roy Dudark, Director of Planning and Community Development,
reviewed the plat and application for Salcom Addition and recommended the Mayor
be authorized to sign the final plat.
Moved by Commissioner Warner, seconded by Commissioner Ryan that
the recommendation of the City Planning Commission be accepted, that County
Plat Application 90-1 for Salcom Addition be approved and that the Mayor be
authorized to sign the final plat. Aye: (5). Nay: (0). Motion adopted.
(7.2) Recommendation from the City Planning Commission concerning State
planning and zoning legislation.
Roy Dudark, Director of Planning and Community Development,
reviewed the proposed changes in legislation. The City Planning Commission
approved a letter which was submitted to the City Commission for consideration
to direct the local legislators that certain changes be made in the proposed law.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
staff prepare a letter to be sent to the proper authorities relating the concerns
on Proposal 22, State legislation changes. Aye: (5) . Nay: (0) . Motion
adopted.
Commissioner Divine asked that a copy of the letter be sent to the
local delegation, to the Committee and to the League of Kansas Municipalities.
Ernest Cole, 153 South Front, asked that the letter be published in
the newspaper so citizens may comment on the recommended action.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 91-9420, 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. [ Z90-18, filed by Darrell and Kleo Fransisco for the rezoning of
Lots 5, 8, 9, Block 19, Sunset Manor Addition to District C-5, Service
Commercial. )
Moved by Commissioner Warner, seconded by Commissioner Beggs that
Ordinance Number 91-9420, 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 adopted. Aye:
Beggs, Divine, Ryan, Warner, Frank. (5). Nay: (0). Motion adopted.
(8.2) Second Reading Ordinance Number 91-9421, amending Chapter 39 of
the Salina Code regulating the planting, maintenance, treatment and removal of
trees and shrubbery within the City, and repealing the existing chapter.
George Toland, 908 Highland, discussed his concerns about the
amendment of Chapter 39, and objected to that part which makes the property
owner responsible for the removal of dead limbs and dead trees on street
right-of-way. He suggested that Salina follow the lead of Hutchinson and
Manhattan which have a full time staff person to do that removal.
Steve Snyder, Director of Parks and Recreation said this amended
Chapter is more in line with our nuisance abatement process.
Action
91-006
91-007
91-008
91-009
_ 91-010
Moved by Commissioner Divine, seconded by Commissioner Ryan that
Ordinance Number 91-9421, amending Chapter 39 of the Salina Code regulating
the planting, maintenance, treatment and removal of trees and shrubbery within
the City, and repealing the existing chapter, be adopted. Aye: Beggs, Divine,
Ryan, Warner, Frank. (5). Nay: (0). Motion adopted.
(8.3) Second Reading Ordinance Number 91-9422, amending Section 38-87 of
the Salina Code, relating to authorization and procedures related to the
abatement of inoperable vehicle nuisances; and repealing the existing section.
Moved by Commissioner Warner, seconded by Commissioner Divine and
Ryan that Ordinance Number 91-9422, amending Section 38-87 of the Salina Code,
relating to authorization and procedures related to the abatement of inoperable
vehicle nuisances; and repealing the existing section, be adopted. Aye: Beggs,
Divine, Ryan, Warner, Frank. (5). Nay: (0). Motion adopted.
(8.4) Resolution Number 91-4257, designating the official depositories for all
moneys of the City of Salina, Kansas, and directing the City Treasurer to
deposit all moneys received by him therein.
Bob Biles, Director of Finance and Administration, reviewed the
financial institutions in which City money may be deposited.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Resolution Number 91-4257, designating the official depositories for all moneys of
the City of Salina, Kansas, and directing the City Treasurer to deposit all
moneys received by him therein, be adopted. Aye: (5). Nay: (0). Motion
adopted.
(8.5) Resolution Number 91-4258, authorizing the Mayor to sign Supplemental
Agreement No. 2 with Wilson and Company authorizing modifications to the
existing agreement, dated February 27, 1989 and to Supplemental Agreement No.
1, dated November 6, 1989, and authorizing the final design phase, project
bidding phase, and the construction related engineering services necessary to
cause the monitoring/ telemetry project to proceed.
Don Hoff, Director of Engineering and Utilities, reviewed the changes
in the contract with Wilson and Company. The Commissioners and staff
discussed the scope of the improvements.
Moved by Commissioner Ryan, seconded by Commissioner Divine that
Resolution Number 91-4258, authorizing the Mayor to sign Supplemental
Agreement No. 2 with Wilson and Company authorizing modifications to the
existing agreement, dated February 27, 1989 and to Supplemental Agreement No.
1, dated November 6, 1989, and authorizing the final design phase, project
bidding phase, and the construction related engineering services necessary to
cause the monitoring/ telemetry project to proceed, be adopted. Aye: (5) . Nay:
(0) . Motion adopted.
(8.6) Resolution Number 91-4259, establishing the project authorization for
the Crawford Street, Phase III, Project.
Bob Biles, Director of Finance and Administration, reviewed the
project authorization. The Commissioners and staff reviewed funding of the
entire Crawford Street project.
Moved by Commissioner Warner, seconded by Commissioner Ryan that
Resolution Number 91-4259, establishing the project authorization for the
Crawford Street, Phase III, Project, be adopted. Aye: (5). Nay: (0). Motion
adopted.
(8.7) Resolution Number 91-4260, authorizing the Mayor to sign an agreement
with Jim Swedlund to provide appraisal and acquisition services in an amount not
to exceed $78,400 regarding the acquisition of easements and/or right-of-way on
Crawford from Ohio Street to Broadway Boulevard.
Action
91-011
91-012
91-013
91-014
Don Hoff, Director of Engineering and Utilities, reviewed the necessity
of hiring a good appraiser and negotiator for the acquisition of the 98 tracts on
Crawford Street.
Moved by Commissioner Ryan, seconded by Commissioner Beggs that
Resolution Number 91-4260, authorizing the Mayor to sign an agreement with Jim
Swedlund to provide appraisal and acquisition services in an amount not to
exceed $78,400 regarding the acquisition of easements and/or right-of-way on
Crawford from Ohio Street to Broadway Boulevard, be adopted. Aye: (5).
Nay: (0) . Motion adopted.
(8.8) Resolution Number 91-4261, authorizing the Mayor to execute an
assignment of lease under City of Salina, Kansas, Industrial Revenue Bond
Issue, Byron F. Hutchison, Series of 1984.
Greg Bengtson, City Attorney, reviewed the history leading to this
assignment of lease. He reported that Bank IV, the sole bond holder, has
already approved the assignment.
Moved by Commissioner Divine, seconded by Commissioner Beggs and
Warner that Resolution Number 91-4261, authorizing the Mayor to execute an
assignment of lease under City of Salina, Kansas, Industrial Revenue Bond
Issue, Byron F. Hutchison, Series of 1984, be adopted. Aye: (5). Nay: (0).
Motion adopted.
(8.9) Resolution Number 91-4262, authorizing the designation of Phillips
Street as a through street at its intersection with Charles Street; authorizing
the installation and marking of Charles Street with "stop" signs at its
intersection with Phillips Street. [Traffic control requested in Petition Number
4001, filed by John Fillinger. ]
Shawn O'Leary, Assistant City Engineer, reviewed the request for
traffic controls at Phillips and Charles Streets and recommended that stop signs
be installed for the Charles Street traffic at Phillips Street.
Moved by Commissioner Warner, seconded by Commissioner Beggs that
Resolution Number 91-4262, authorizing the designation of Phillips Street as a
through street at its intersection with Charles Street; authorizing the installation
and marking of Charles Street with "stop" signs at its intersection with Phillips
Street, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
OTHER BUSINESS
Commissioner Divine announced there will be a special meeting at
1:00 p.m. on Tuesday, January 15, 1991, to conduct a public hearing regarding
the Salina Cable TV franchise renewal.
ADJOURNMENT
Moved by Commissioner Ryan, seconded by Commissioner Beggs that
the regular meeting of the board of commissioners be adjourend. Aye: (5).
Nay: (0). Motion adopted. The meetin ourned at 5:10 .m.
G
Robert E. Frank, �Ma
[SEAL]
ATTEST:
A"Sv;ww
Jacqueline Shiever, City Clerk
Action #
WAIVER AND CONSENT TO HOLD
A SPECIAL MEETING OF THE BOARD OF COMMISSIONERS
We, the undersigned, being duly elected, qualified and acting City
Commissioners of the City of Salina, Kansas, and constituting a majority of the
Board of Commissioners of the City of Salina, Kansas, do hereby waive notice
and consent to the holding of a special meeting of the Board of Commissioners of
the City of Salina, Kansas, on the 15th day of January, 1991, at 1:00 p.m., for
the purpose of considering the following:
1. Conducting a "Show Cause" Hearing relating to violation of the Salina
Cable Television franchise pursuant to K.S.A. 12-2011.
Dated this 14th day of January, 1991.
Carol Beggs, Comrog§Arier
/
John Divinb, Commissioner
I
i �4
Stephen C. 4 -1—A --
Commissioner
C59:�J ph A. -Warner, Commissioner