03-18-1991 Minutes91-093
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
MARCH 18, 1991
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, March 18, 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
None
CITIZEN FORUM
AWARDS - PROCLAMATIONS
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing on Petition 4004, filed by David and Homer Wells,
for exclusion of certain property in Block 1, North Park Addition from the
city limits and for the vacation of 20' of street right-of-way of Grand Avenue
adjacent to Lot 1, Block 1, North Park Addition.
Roy Dudark, Director of Planning and Community Development, gave
a brief background of this property, explained that it contains no utilities
and is not in the direction the City is growing. He said the City Planning
Commission recommended approval of the vacation of the 20' of street
right-of-way and the exclusion of this property from the city limits.
Mayor Frank declared the public hearing open.
There were no comments filed, written or oral, so the Mayor
declared the public hearing closed.
(5.1a) First Reading Ordinance Number 91-9430, providing for the
vacation of the South 20' of street right-of-way on Grand Avenue,
adjacent to Lot 1, Block 1, North Park Addition to the City of Salina,
Saline County, Kansas.
Moved by Commissioner Beggs, seconded by Commissioner Divine
that Ordinance Number 91-9430, providing for the vacation of the South 20' of
street right-of-way on Grand Avenue, adjacent to Lot 1, Block 1, North Park
Addition to the City of Salina, Saline County, Kansas, be introduced for first
reading. Aye: (5) . Nay: (0) . Motion adopted.
(5.1b) First Reading Ordinance Number 91-9431, excluding certain land
in North Park Addition from the city limits in conformity with K.S.A.
12-504.
91-094
91-095
91-097
Moved by Commissioner Beggs, seconded by Commissioner Warner
that Ordinance Number 91-9431, excluding certain land in North Park Addition
from the city limits in conformity with K.S.A. 12-504, be introduced for first
reading. Aye: (5) . Nay: (0) . Motion adopted.
(5.2) Public Hearing on Petition 4005, filed by the University United
Methodist Church, for the vacation of the south 120 feet of a public alley
between Santa Fe Avenue and Fourth Street, from the north line of Claflin
Avenue to a point 120 feet north.
Shawn O'Leary, Assistant City Engineer, reviewed the staff report
and recommended approval of the petition and the vacation of the alley with
retention as a utility easement.
Mayor Frank declared the public hearing open.
Carl Ramsey, 2048 Raymond, Chairman of the Board of Trustees of
University United Methodist Church, said the church owns property on both
sides of the alley and there are plans to pave the alley to use as a parking
lot, but there are no plans to close the alley except for Sunday mornings. He
asked approval of the vacation.
There were no other comments filed, written or oral, so the Mayor
declared the public hearing closed.
(5.2a) First Reading Ordinance Number 91-9432, providing for the
vacation of the South 120' of a certain public alley in the Grounds of
Kansas Wesleyan University Addition to the City of Salina, Saline County,
Kansas.
Moved by Commissioner Ryan, seconded by Commissioner Divine
that Ordinance Number 91-9432, providing for the vacation of the South 120'
of a certain public alley in the Grounds of Kansas Wesleyan University
Addition to the City of Salina, Saline County, Kansas, be introduced for first
reading. Aye: (5) . Nay: (0) . Motion adopted.
(5.3) Public Hearing on Performance of Housing Rehabilitation Grant
Project #89 -HR -099.
Wally
Weiss,
Grants
Administrator for Community Development,
summarized the
goals
of the
CDBG Housing Rehabilitation program and
reported on the
actual
projects
completed under grant #89 -HR -099. He asked
the Commission
to direct
staff
to sign the appropriate documentation to close
the grant.
Mayor
Frank
declared
the public hearing open.
There
were
no comments filed, written or oral, so the Mayor
declared the public hearing
closed.
Moved by Commissioner Divine, seconded by Commissioner Warner
that staff be directed to complete the project close out of grant #89 -HR -099.
Aye: (5) . Nay: (0) . Motion adopted.
(5.4) Public Hearing on 1991 CDBG Community Improvement Program.
Roy Dudark, Director of Planning and Community Development, said
the purpose of this preliminary public hearing was to discuss potential
projects under the 1991 CDBG program with emphasis on rehabilitation projects.
Mayor Frank declared the public hearing open.
There were no comments filed, written or oral, so the Mayor
declared the public hearing closed.
Moved by Commissioner Warner, seconded by Commissioner Ryan
that staff be directed to prepare a formal application for consideration at
the final public hearing on April 15, 1991. Aye: (5) . Nay: (0) . Motion
adopted.
91-098
91-099
91-100
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting March 4, 1991.
(6.2) Approve the Minutes of the Special Meeting March 5, 1991.
(6.3) Request filed by Roy Applequist, 1934 Ridgeview Road, for a permit
to keep up to 5 riding horses in the City Limits at 1670 East North Street.
(Recommend approval) .
(6.4) Set the date of April 2, 1991 to receive bids for Engineering
Project 91-829 (office renovation and wall relocation, City -County Building).
(6.5) Resolution Number 91-4282, extending the deadline for property
owners to construct the sidewalk ordered by Resolution Number 91-4269,
clarifying the location of the sidewalk to be constructed and repealing any
provisions of Resolution Number 91-4269 in conflict with this resolution.
(East Ellsworth Sidewalk) .
Moved by Commissioner Divine, seconded by Commissioner Beggs
that all items on the Consent Agenda except Item 6.5 be approved. Aye:
(5) . Nay: (0) . Motion adopted.
(6.5) Resolution Number 91-4282, extending the deadline for property
owners to construct the sidewalk ordered by Resolution Number 91-4269,
clarifying the location of the sidewalk to be constructed and repealing any
provisions of Resolution Number 91-4269 in conflict with this resolution.
(East Ellsworth Sidewalk) .
Mrs. Roy Garrigues, 907 East Ellsworth, asked that the sidewalk be
constructed at the property line. She reported the City Forester said her
large pine tree will have to be removed if the sidewalk is constructed at the
curb.
Don Hoff, City Engineer and Director of Utilities, said the City
will work around the large tree. The sidewalk can be constructed at the
property line at the tree location.
Moved by Commissioner Beggs, seconded by Commissioner Warner
that Resolution Number 91-4282, extending the deadline for property owners to
construct the sidewalk ordered by Resolution Number 91-4269, clarifying the
location of the sidewalk to be constructed and repealing any provisions of
Resolution Number 91-4269 in conflict with this resolution, be adopted. Aye:
Beggs, Divine, Ryan, Warner (4) . Nay: Frank (1) . Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission that Zoning
Application 91-1, filed by the City Planning Commission for amendment of
Heritage Commission membership, be approved. ( Introduce Ordinance Number
91-9433 for first reading.)
Roy Dudark, Director of Planning and Community Development,
reviewed the City Planning Commission recommendation. He said the purpose
of this change to the Heritage Commission membership is to comply with State
requirements for certification. He said three of the seven members must be
an architect, historian, archeologist or landscape architect, architectural
historian, or urban planner.
Moved by Commissioner Warner, seconded by Commissioner Divine
that Ordinance Number 91-9433, amending Section 42-472 of the Salina Code
pertaining to membership of the Heritage Commission and repealing the existing
section, be introduced for first reading. Aye: (5) . Nay: (0) . Motion
adopted.
Dennis M. Kissinger,
City Manager, explained the
original resolution
instructed
the property owners
to install a property line
sidewalk. An
Engineering Department survey
revealed a majority of the
property owners
prefer a
curb line sidewalk.
This resolution extends
the deadline for
sidewalk
construction to May
1, 1991 and clarifies the
location of the
sidewalk.
Mrs. Roy Garrigues, 907 East Ellsworth, asked that the sidewalk be
constructed at the property line. She reported the City Forester said her
large pine tree will have to be removed if the sidewalk is constructed at the
curb.
Don Hoff, City Engineer and Director of Utilities, said the City
will work around the large tree. The sidewalk can be constructed at the
property line at the tree location.
Moved by Commissioner Beggs, seconded by Commissioner Warner
that Resolution Number 91-4282, extending the deadline for property owners to
construct the sidewalk ordered by Resolution Number 91-4269, clarifying the
location of the sidewalk to be constructed and repealing any provisions of
Resolution Number 91-4269 in conflict with this resolution, be adopted. Aye:
Beggs, Divine, Ryan, Warner (4) . Nay: Frank (1) . Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission that Zoning
Application 91-1, filed by the City Planning Commission for amendment of
Heritage Commission membership, be approved. ( Introduce Ordinance Number
91-9433 for first reading.)
Roy Dudark, Director of Planning and Community Development,
reviewed the City Planning Commission recommendation. He said the purpose
of this change to the Heritage Commission membership is to comply with State
requirements for certification. He said three of the seven members must be
an architect, historian, archeologist or landscape architect, architectural
historian, or urban planner.
Moved by Commissioner Warner, seconded by Commissioner Divine
that Ordinance Number 91-9433, amending Section 42-472 of the Salina Code
pertaining to membership of the Heritage Commission and repealing the existing
section, be introduced for first reading. Aye: (5) . Nay: (0) . Motion
adopted.
Cox
91-101
91-102
91-103
91-104
91-105
ADMINISTRATION
(8.1) Second Reading Ordinance Number 91-9427, designating an area of
property consisting of approximately 10 acres located in the 800 Block of
South Santa Fe Avenue for Historic District Designation.
Moved by Commissioner Divine, seconded by Commissioner Ryan that
Ordinance Number 91-9427, designating an area of property consisting of
approximately 10 acres located in the 800 Block of South Santa Fe Avenue for
Historic District Designation, be approved. Aye: Beggs, Divine, Ryan,
Warner, Frank (5) . Nay: (0) . Motion adopted.
(8.2) Second Reading Ordinance Number 91-9429, amending Section 41-4 of
the Salina Code to allow the sum of money in the Water and Sewerage Petty
Cash Fund to be established by Resolution and repealing the existing section.
Moved by Commissioner Warner, seconded by Commissioner Ryan that
Ordinance Number 91-9429, amending Section 41-4 of the Salina Code to allow
the sum of money in the Water and Sewerage Petty Cash Fund to be
established by Resolution and repealing the existing section, be adopted.
Aye: Beggs, Divine , Ryan, Warner, Frank (5) . Nay: (0) . Motion adopted.
(8.3) Resolution Number 91-4283, setting the figure for Water and
Sewerage Petty Cash Fund. (Establishing the fund at $2,700).
Moved by Commissioner Beggs, seconded by Commissioner Divine
that Resolution Number 91-4283, setting the figure for Water and Sewerage
Petty Cash Fund, be approved. Aye: (5) . Nay: (0) . Motion adopted.
(8.4) Consideration of Amended 1991 Capital Improvement Budget.
Roy Dudark, Director of Planning and Community Development,
reviewed the Amended 1991 Capital Improvement Budget.
Moved by Commissioner Warner, seconded by Commissioner Divine
that the Amended 1991 Capital Improvement Budget be approved. Aye: (5) .
Nay: (0) . Motion adopted.
(8.5) Report from City Engineer on Petition #4006, filed by Howard
Warren, Manager of Ashton's West, for traffic signals at Crawford Street and
Hancock and Montrose Streets.
Shawn O'Leary, Assistant City Engineer, reviewed the staff report.
He said a thorough study of the intersection had been done and that traffic
signals at the location are not justified at this time. He suggested the
petition be denied and that staff be directed to continue to monitor this
intersection as the Crawford Street construction continues.
Howard Warren, 412 Irene, president of Ashton's Affiliated and
Manager of Ashton's West, gave the Commissioners written comments and
elaborated that pedestrian traffic is not significant at this location, but is
primarily elderly, with at least 1 blind person using this intersection 4
times a week. He asked that the petition be tabled to allow time to work with
the Engineering Department to resolve what would be the most feasible solution
at the least cost with safety in mind.
The Commissioners and staff thoroughly discussed the traffic
patterns, traffic volumes, realignment of the intersection, signalization,
railroad crossing, accidents and Crawford Street reconstruction.
Moved by Commissioner Ryan, seconded by Commissioner Warner
that the petition for traffic signals at Crawford Street and Hancock and
Montrose Streets be tabled for 1 year.
Mr. Warren asked that this issue be resolved before a year.
Steve Ashton, owner of Ashton's, questioned the timing of the
traffic counts. He said accidents will probably increase during the
reconstruction of Crawford Street. He asked that the Engineering Department
continue to work to resolve the problem before a year.
Mayor Frank called for a vote on Commission Action 91-105 Aye:
(5) . Nay: (0) . Motion adopted.
91-106
91-107
91-108
(8.6) Request for Executive Session (City Manager Annual Evaluation) .
Moved by Commissioner Divine, seconded by Commissioner Warner
that the Board of Commissioners recess into executive session for 15 minutes
for the purpose of discussing a personnel matter involving non -elected
personnel for the reason that public discussion of the matter would invade the
privacy of the non -elected personnel involved. Aye: (5) . Nay: (0) . Motion
adopted.
The Board of Commissioners recessed at 5:39 p.m. and reconvened
at 5:56 p.m.
Moved by Commissioner Divine, seconded by Commissioner Warner
that the Board of Commissioners recess into executive session for 20 minutes
for the purpose of discussing a personnel matter involving non -elected
personnel for the reason that public discussion of the matter would invade the
privacy of the non -elected personnel involved. Aye: (5) . Nay: (0) . Motion
adopted.
The Board of Commissioners recessed at 5:56 p.m. and reconvened
at 6:16 p.m.
Mayor Frank announced that Commissioner Ryan left at 6:05 p.m.
Mayor Frank said the Commission consensus on the City Manager's
performance was that he did a fine job over the year and there are no
changes.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Beggs, seconded by Commissioner Divine
that the Regular Meeting of the Board of Commissioners be adjourned. Aye:
(4) . Nay: (0) . Motion adopted. The djourned t 6 :17 p.m.
Robert E. Fran , May
(SEAL)
ATTEST:
4-v w
Jacqueline Shiever, City Clerk