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