Loading...
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