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01-28-1991 MinutesAction CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS JANUARY 28, 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 28, 1991, at 4:00 p.m. I 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 AWARDS - PROCLAMATIONS (4.1) The Mayor proclaimed the Month of February, 1991 as "NATIONAL AMBUCS MONTH." The proclamation was read by Wally Weiss, President of the Red Baron Chapter of Ambucs. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting January 14, 1991. (6.2) Approve the Minutes of the Special Meeting January 15, 1991. (6.3) Set the date of January 31, 1991 to receive bids on Temporary Note 2, Series PT -105, in the amount of $660,458.00 for Phase II, Crawford Street Improvements. right-of-way along the West Grand frontage. [ Refer to (6.4) Set the date of February 11 , 1991 for a public hearing on a tax exemption application for Premier Pneumatics. (6.5) Set the date of February 26, 1991 to receive bids for Solid Waste Maintenance Building. (6.6) Authorize the City Clerk to issue 1991 Taxi Cab Company licenses. (6.7) Authorize the City Clerk to issue 1991 Surety on Bail Bond licenses. (6.8) Petition Number 4004, filed by David Wells and Homer Wells for the exclusion of Lots 1, 3, 5, 7, 9, 11, 13, 15, 17 8 19, west of the present Dry Creek Channel in Block 141 North Park Addition from the city limits and for the vacation of 20' of right-of-way along the West Grand frontage. [ Refer to the City Engineer for a recommendation.] 91-028 Moved by Commissioner Warner, seconded by Commissioner Ryan that all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) . Motion adopted. Action 91-029 91-030 91-031 DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Zoning Application 90-21, filed by Sunset Plaza, Inc. for the rezoning of Lots 1 and 2, Block 2, Westbend Addition to District C-1 be approved. [Introduce Ordinance Number 91-9423 for first reading.] Roy Dudark, Director of Planning and Community Development, reviewed the application. Moved by Commissioner Ryan, seconded by Commissioner Divine that the recommendation of the City Planning Commission be accepted, that Zoning Application 90-21 be approved and that Ordinance Number 91-9423, 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. Aye: (5). Nay: (0). Motion adopted. (7.2) Recommendation from the City Planning Commission that Zoning Application 90-22, filed by Gary Gleason for the amendment of Section 42-517 of the Salina Code regarding signs, be approved. [Introduce Ordinance Number 91-9424 for first reading.] Roy Dudark, Director of Planning and Community Development, reviewed the application and proposed amendments. He asked that this ordinance be introduced for first reading with two technical amendments concerning pole signs in subsections (1) and (2) . Moved by Commissioner Divine, seconded by Commissioner Warner that the recommendation of the City Planning Commission be accepted, that Zoning Application 90-22 be approved and that Ordinance Number 91-9424, amending Section 42-517 of the Salina Code relating to the number of signs allowed on each zoning lot and by increasing the allowable gross surface area of bulletin board signs, and repealing the existing section, be introduced for first reading with amendments. Aye: (5). Nay: (0). Motion adopted. (7.3) Recommendation from the City Planning Commission that Planned Development Application 90-3, filed by Lazy River Townhomes Association, for the rezoning of Lot 12, Surveyor's Plat 12 to District PDD/R-2, be approved. [Introduce Ordinance Number 91-9425 for first reading.] Roy Dudark, Director of Planning and Community Development, reviewed the application. Moved by Commissioner Warner, seconded by Commissioner Ryan that the recommendation of the City Planning Commission be approved, that Planned Development District Application 90-3 be approved and that Ordinance Number 91-9425 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. Aye: (5). Nay: (0). Motion adopted. ADMINISTRATION (8.1) Resolution Number 91-4269, determining the necessity of and directing that the owner or owners of certain lots construct, in compliance with plans and specifications of the City Engineer, a sidewalk abutting said lots within 60 days of the adoption and publication hereof and providing that in the event the owner or owners fail to do so, that the City of Salina shall proceed to construct, or cause to be constructed, said sidewalk and that the total cost thereof shall be assessed against such lot or lots on which such sidewalk shall abut as other special assessments. [Sidewalks on the north side of Ellsworth Avenue from Ohio Street to Roach Street.] Wilber Davis, 317 West Jewell, read a prepared statement, concerning the sidewalk on East Ellsworth Avenue, traffic on Ohio and recommendations to the City Commissioners. Action # 91-032 91-033 91-034 Shawn O'Leary, Assistant City Engineer, explained the property owners will be given 60 days to have a sidewalk installed or a permit to have it installed. If the property owner has not installed the sidewalk at the end of that time, the City will proceed to let a contract for the remaining sidewalks. Cheryl Ritter, 1232 Louise Lane, explained the original petition was started by the safety committee of the Heusner PTA. She expressed her belief that the school board needs to be involved in making the school routes safer. The Commissioners and staff discussed the sidewalk matter. The Commissioners made position statements on the matter. Moved by Commissioner Warner, seconded by Commissioner Divine that Resolution Number 91-4269, determining the necessity of and directing that the owner or owners of certain lots construct, in compliance with plans and specifications of the City Engineer, a sidewalk abutting said lots within 60 days of the adoption and publication hereof and providing that in the event the owner or owners fail to do so, that the City of Salina shall proceed to construct, or cause to be constructed, said sidewalk and that the total cost thereof shall be assessed against such lot or lots on which such sidewalk shall abut as other special assessments, be adopted. Aye: Divine, Warner, Frank. (3). Nay: Beggs, Ryan. (2). Motion adopted. (8.2) Resolution Number 91-4270, providing financial assistance to low-income homeowners for special assessments levied in conjunction with sidewalk improvements approved for construction by the Board of Commissioners. Roy Dudark, Director of Planning and Community Development, reviewed the procedure to apply for financial assistance for low income homeowners. Moved by Commissioner Divine, seconded by Commissioner Warner that Resolution Number 91-4270, providing financial assistance to low-income homeowners for special assessments levied in conjunction with sidewalk improvements approved for construction by the Board of Commissioners, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.3) Resolution Number 91-4271, authorizing the Mayor to execute an Interlocal Cooperation Agreement between the Kansas Board of Regents, Kansas State University of Agriculture and Applied Science, the City of Salina and the Salina Airport Authority regarding the cooperative effort of the parties in the proper use of City of Salina sales tax proceeds for usage locally to benefit the development of the KSU Salina Campus. Greg Bengtson, City Attorney, reviewed the interlocal agreement and said it has been approved by the Board of Regents and is now ready for City Commission approval. Wilber Davis, 317 West Jewell, said the City already has a disbursing agent and asked why the Salina Airport Authority will be appointed to act as the disbursing agent for this project. Dennis M. Kissinger, City Manager, explained it will be efficient to use the Salina Airport Authority as the disbursing agent for this project. Moved by Commissioner Ryan, seconded by Commissioner Warner that Resolution Number 91-4271, authorizing the Mayor to execute an Interlocal Cooperation Agreement between the Kansas Board of Regents, Kansas State University of Agriculture and Applied Science, the City of Salina and the Salina Airport Authority regarding the cooperative effort of the parties in the proper use of City of Salina sales tax proceeds for usage locally to benefit the development of the KSU Salina Campus, be adopted. Aye: (5) . Nay: (0) . Motion adopted. Action # 91-035 91-036 91-037 91-038 91-039 91-040 (8.4) Resolution Number 91-4272, 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 and repealing Resolution Number 91-4257. Bob Biles, Director of Finance and Administration, said this resolution includes the Bennington State Bank, which has moved its Charter to Salina. Moved by Commissioner Divine, seconded by Commissioner Beggs that Resolution Number 91-4272, 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 and repealing Resolution Number 91-4257, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.5) Report on Aerial Photo bids received January 22, 1991. [Award the contract to Rocky Mountain Aerial Surveys, Inc.] (8.5a) Resolution Number 91-4273, authorizing the Mayor to execute and the City Clerk to attest a contract with Rocky Mountain Aerial Surveys, Inc. for aerial photographs, in the amount of $10,600. Roy Dudark, Director of Planning and Community Development, reviewed the bids and asked the City Commission to approve the contract. Moved by Commissioner Beggs, seconded by Commissioner Ryan that the recommendation of the City Planner be accepted, and that Resolution Number 91-4273, authorizing the Mayor to execute and the City Clerk to attest a contract with Rocky Mountain Aerial Surveys, Inc. for aerial photographs, in the amount of $10,600, be adopted. Aye: (5). Nay: (0). Motion adopted. (8.6) Executive Session to discuss legal and personnel matters. Moved by Commissioner Beggs, seconded by Commissioner Warner that the Board of Commissioners recess into executive session for 10 minutes 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. The Board of Commissioners recessed at 5:01 p.m. and reconvened at 5:17 p.m. The Commissioners took no action. 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 two personnel matters involving non -elected personnel for the reason that public discussion of the matter would invade the privacy of the non -elected personnel involved. The Board of Commissioners recessed at 5:17 p.m. and reconvened at 5:45 p.m. Moved by Commissioner Warner, seconded by Commissioner Ryan that the Board of Commissioners recess into executive session for 30 minutes for the purpose of discussing two personnel matters involving non -elected personnel for the reason that public discussion of the matter would invade the privacy of the non -elected personnel involved. The Board of Commissioners recessed at 5:46 p.m. and reconvened at 6:15 p.m. Moved by Commissioner Warner, seconded by Commissioner Ryan that the Board of Commissioners recess into executive session for 30 minutes for the purpose of discussing two personnel matters involving non -elected personnel for the reason that public discussion of the matter would invade the privacy of the non -elected personnel involved. Action 91-041 The Board of Commissioners recessed at 6:16 p.m. and reconvened at 6:45 p.m. Greg Bengtson, City Attorney, explained the Commissioners each received a seven page letter from Wilber Davis, 317 West Jewell. Dennis M. Kissinger, City Manager, explained the letter contained accusations of gross financial mismanagement and theft in the Finance Department. Mr. Davis was no longer present at the meeting. After comments by each Commissioner, Robert Biles, Director of Finance and Administration, expressed his innocence. The City Commission took no formal action. OTHER BUSINESS Mayor Frank reminded the Citizens that January 29th is Kansas Day. Mayor Frank said there have been some requests for the placement of yellow ribbons and flags on City property. Dennis M. Kissinger, City Manager, said people may make requests to the City Manager's Office for the placement of ribbons and flags. Mayor Frank reminded the citizens that the last day to register for the City Primary Election will be February 10, 1991. ADJOURNMENT Moved by Commissioner Beggs, seconded by Commissioner Ryan that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion adopted. The meeting adjourned at 7:08 p.m. J Stephen C. Ryan, Acting Mayor [SEAL] ATTEST: loquIeine Shiever, City Clerk