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10-08-1990 Minutes� 1W6fi i� • Action 90-369 CITY OF SALINA, KANSAS REGULAR MEETING OF THE OCTOBER 8, 1990 4:00 p.m. BOARD OF COMMISSIONERS The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, October 8, 1990, 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 PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE Cub Scouts from Pack 29, of Meadowlark School, presented the colors for the opening ceremony. CITIZEN FORUM Brenda Smith, 713 South Second, and Jacque Woolsey, Chairman or the Eisenhower Committee, thanked the City for the use of the Salina Bicentennial Center on Sunday, October 7, 1990 for the Eisenhower Concert. Mrs. Woolsey introduced Teddy Heath, who served in the 9th Armored Division under General Eisenhower and Jim Trepoy, 2nd Battalion of the 3rd Infantry who served in the U.S. Presidents Honor Guard. Ernest Cole, 153 South Front, asked the City Commission to rescind the ordinance concerning paved parking lots as it will cause hardship on many churches. Dennis Kissinger, City Manager, explained a public hearing is scheduled by the City Planning Commission for October 16, 1990. He urged people to attend this hearing. Joe Fernandez, 731 North Seventh, asked if gravel in the alleys isn't just as bad as gravel on parking lots and suggested gravel alleys be closed also. Bob Aills, Minister for the Independent Baptist Church, asked if everyone will have an opportunity to speak at the public hearing. He was assured they will have the opportunity. AWARDS - PROCLAMATIONS (4.1) Resolution Number 90-4235, expressing gratitude and appreciation to William E. Harris for serving the City of Salina, Kansas from December 16, 1951 to September 30, 1990 as Police Officer, Police Sergeant, Superintendent of Services, Superintendent of Sanitation and Office Manager of the Water and Sewerage Department, Director of Administration, Interim City Manager, Assistant City Manager and Bicentennial Center Manager. Moved by Commissioner Warner, seconded by Commissioner Ryan that Resolution Number 90-4235, expressing gratitude and appreciation to William E. Harris for serving the City of Salina, Kansas from December 16, 1951 to September 30, 1990 as Police Officer, Poiice Sergeant, Superintendent of Services, Superintendent of Sanitation and Office Manager of the Water and Sewerage Department, Director of Administration, Interim City Manager, Assistant City Manager and Bicentennial Center Manager, be adopted. Aye: (5). Nay: (0) . Motion adopted. Action Mayor Frank presented the plaque and a "Key to the City" to William E. Harris. William E. Harris, thanked the Mayor and said it has been a pleasure to serve the citizens of Salina for these 39 years and said Salina has a great future. (4.2) The Mayor proclaimed the Week of October 7 through 13, 1990 as "FIRE PREVENTION WEEK." The proclamation was read by Carol Vineyard, Fire Department Educator. (4.3) The Mayor proclaimed the Week of October 13 through 20, 1990 as "SCOUTING FOR FOOD GOOD TURN WEEK." The proclamation was read by Jerry Baxa, representing Cub Scout Pack 29. He introduced the Cub Scouts attending the meeting and explained they are working on their Citizen Activity Badge for Webelo Scouts. (4.4) The Mayor proclaimed the week of October 15 through 19, 1990 as "MEDICAL ASSISTANTS WEEK." The proclamation was read by Marcia Feighny, Member of Saline County Medical Assistants. (4.5) Letter from the Mayor of Fukui, Japan. The letter will be read and presented by Momomi Watanbe, a foreign exchange student in Salina. Momoni Watanbe, a foreign exchange student living in Salina, presented a letter and gifts to Mayor Frank from the Mayor of her home town Fukui, Japan. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing on unsafe structures. Mayor Frank declared the public hearing open. Mike Peterson, Chief Building Official, reviewed the list of dangerous structures and the conditions cited on each structure. He reported work has been completed on one and work on several others has been started. He then presented albums showing the condition of each structure on the list. Gary Fuller, owner of 1113 North Fourth, asked to see the pictures of his structure and presented pictures taken 2 hours ago. He explained he purchased the lot eight months ago and said work has been started and asked for more than 60 days to complete the work. The Commissioners and staff said if the owners can show a plan of action, acquire the required permits and show significant progress in 60 days, staff will be instructed to work with the owners for regular inspections and a report back to the City Commission on substantial progress for extensions of time to complete the work. John Johnson, 1016 East Ash, said he is now devoting his time to fixing the property and has made some progress. He asked for sufficient time to finish the work. Bob Wasko, representing Mr. and Mrs. Bennett, asked for additional time to make the necessary repairs to make the structure safe. He said the owners can then make the repairs to the interior. The City Commission and staff discussed the process regarding unsafe structures. Mike Scriven, 217 South Tenth, appeared concerning 337 North Thirteenth and asked if the property must be vacated within five days. Action 90-370 90-371 90-372 Marvin Albin, asked about 801 North Santa Fe. Mike Peterson, discussed the required repairs. Joe Fernandez, 731 North Seventh, asked if government funds are available to help the elderly or people of low income with the repairs. Roy Dudark, Director of Planning and Community Development, reviewed the CDBG grants and loans. There were no other comments, written or oral. Mayor Frank declared the public hearing closed. (5.1a) Resolution Number 90-4236, setting forth the Board of City Commissioners findings that certain structures are unsafe or dangerous, directing the structures be repaired or removed and fixing a reasonable time within which the repair or removal of such structures shall be commenced and completed. Moved by Commissioner Divine, seconded by Commissioner Warner that Resolution Number 90-4236, setting forth the Board of City Commissioners findings that certain structures are unsafe or dangerous, directing the structures be repaired or removed and fixing a reasonable time within which the repair or removal of such structures shall be commenced and completed, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (5.1b) Resolution Number 90-4237, setting forth the Board of City Commissioners findings that certain structures are unsafe or dangerous, directing the structures be repaired or removed and fixing a reasonable time within which the repair or removal of such structures shall be commenced and completed. Moved by Commissioner Ryan, seconded by Commissioner Beggs that Resolution Number 90-4237, setting forth the Board of City Commissioners findings that certain structures are unsafe or dangerous, directing the structures be repaired or removed and fixing a reasonable time within which the repair or removal of such structures shall be commenced and completed, be adopted. Aye: Beggs, Ryan, Warner, Frank (4) . Nay: (0) . Commissioner Divine abstained. Dennis Kissinger, City Manager, asked the City Commission to consider Item 8.5 as the public hearing has lasted longer than expected. Moved by Commissioner Ryan, seconded by Commissioner Warner that Item 8.5 be considered at this time. Aye: (5). Nay: (0). Motion adopted. (8.5) Report on River Cleanup and presentation of donation check from Crown Distributors/ Coors Brewing. R. W. Bull, Chairman of the River Committee, reported on the cleanup effort on Saturday, October 6th. He asked for continuation of the river project and that the Committee will present a plan for the river development. He introduced Mark Ritter of the Crown Distributing Company. Commissioner Divine, speaking as a board member of the Gospel Mission, asked the staff to work with Mr. Albin, the new owner, for a reasonable extension of time to address the safety issues. Mr. Marvin Albin, explained he doesn't have title to the building yet, but does have the mortgage and will make the building as safe as possible in 7 days. The City Manager said if the life safety matters are corrected within 5 days, the order to vacate can be stopped. Everett Zaragoza, 217 North Twelfth, asked what improvements need to be made to his property. Marvin Albin, asked about 801 North Santa Fe. Mike Peterson, discussed the required repairs. Joe Fernandez, 731 North Seventh, asked if government funds are available to help the elderly or people of low income with the repairs. Roy Dudark, Director of Planning and Community Development, reviewed the CDBG grants and loans. There were no other comments, written or oral. Mayor Frank declared the public hearing closed. (5.1a) Resolution Number 90-4236, setting forth the Board of City Commissioners findings that certain structures are unsafe or dangerous, directing the structures be repaired or removed and fixing a reasonable time within which the repair or removal of such structures shall be commenced and completed. Moved by Commissioner Divine, seconded by Commissioner Warner that Resolution Number 90-4236, setting forth the Board of City Commissioners findings that certain structures are unsafe or dangerous, directing the structures be repaired or removed and fixing a reasonable time within which the repair or removal of such structures shall be commenced and completed, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (5.1b) Resolution Number 90-4237, setting forth the Board of City Commissioners findings that certain structures are unsafe or dangerous, directing the structures be repaired or removed and fixing a reasonable time within which the repair or removal of such structures shall be commenced and completed. Moved by Commissioner Ryan, seconded by Commissioner Beggs that Resolution Number 90-4237, setting forth the Board of City Commissioners findings that certain structures are unsafe or dangerous, directing the structures be repaired or removed and fixing a reasonable time within which the repair or removal of such structures shall be commenced and completed, be adopted. Aye: Beggs, Ryan, Warner, Frank (4) . Nay: (0) . Commissioner Divine abstained. Dennis Kissinger, City Manager, asked the City Commission to consider Item 8.5 as the public hearing has lasted longer than expected. Moved by Commissioner Ryan, seconded by Commissioner Warner that Item 8.5 be considered at this time. Aye: (5). Nay: (0). Motion adopted. (8.5) Report on River Cleanup and presentation of donation check from Crown Distributors/ Coors Brewing. R. W. Bull, Chairman of the River Committee, reported on the cleanup effort on Saturday, October 6th. He asked for continuation of the river project and that the Committee will present a plan for the river development. He introduced Mark Ritter of the Crown Distributing Company. Action 90-373 90-374 90-375 Mark Ritter, representing the Crown Distributors, reported on the River Cleanup project of Saturday, October 6, 1990 and asked the City not to abandon the river project. He presented an $11 ,000 check to the City for the Smoky Hill River Project. The Mayor and Commissioners thanked Mark Ritter, the Crown Distributing Company and Coors Brewing for the contribution to the Smoky Hill River project. (5.2) Public Hearing on the vacation of a portion of Johnstown Avenue, a public street, from the east line of Oakdale Avenue to the west line of Penn Avenue. [ Requested in Petition Number 39951 Commissioner Warner announced that he will abstain from discussion and voting on this matter as it involves his employer. Shawn O'Leary, reported on the request to vacate a portion of Johnstown Avenue. He reviewed the request and said there are a number of unanswered questions before the Engineering Department can make a recommendation to the City Commission and asked that the public hearing be continued until October 22, 1990. Robert Houck, Assistant Administrator of St. John's, was present to answer questions. Moved by Commissioner Ryan, seconded by Commissioner Beggs that the public hearing be continued to October 22, 1990. Aye: Beggs, Divine, Ryan, Frank (4) . Nay: (0) . Commissioner Warner abstained. Motion adopted. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting September 24, 1990. Moved by Commissioner Warner, seconded by Commissioner Beggs that Item 6.1 on the Consent Agenda be approved. Aye: (5) . Nay: (0) . Motion adopted. (6.2) Set the date of October 18, 1990 to receive bids for improvements to the Crawford Street Flood Protection Project. [Engineering Project 90-8141 Moved by Commissioner Ryan, seconded by Commissioner Warner that the date of October 18, 1990 be set as the date to receive bids on Engineering Project -90-814. Aye: (5) . Nay: (0) . Motion adopted. None DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Report on bids received October 4, 1990 for Engineering Project 90-808, sidewalk improvements. [Award the contract to Wilson Constructors, Inc. in the amount of $64,147.50.1 _ 90-376 Moved by Commissioner Divine, seconded by Commissioner Beggs that the recommendation of the City Engineer be accepted and that the contract be awarded to Wilson Constructors, Inc. in the amount of $64,147.50. Aye: (5). Nay: (0) . Motion adopted. (8.2) Report on bids received October 4, 1990 for Engineering Project 90-809, installation of a prefabricated steel roof on the primary digester at the Wastewater Treatment Plant #1. [Award the contract to Smoky Hill, Inc. in the amount of $44,600.1 Action 90-377 90-378 90-379 90-380 90-381 Moved by Commissioner Warner, seconded by Commissioner Ryan that the recommendation of the City Engineer be accepted and that the contract be awarded to Smoky Hill, Inc. in the amount of $44,600. Aye: (5). Nay: (0). Motion adopted. (8.3) Authorize the purchase of 500 residential trash carts for the Sanitation Division of General Services. [Award the contract to Ameri-Kart in the amount of $23,555.1 Frank Weinhold, Director of General Services, reviewed the need for additional polycarts. Moved by Commissioner Ryan, seconded by Commissioner Beggs that the purchase of 500 residential trash carts for the Sanitation Division of General Services be approved from Ameri-Kart in the amount of $23,555, be approved. Aye: (5). Nay: (0). Motion adopted. (8.4) Disposition of surplus real estate. Bob Biles, Director of Finance and Administration, reviewed the surplus property owned by the City and asked for City Commission direction. Moved by Commissioner Warner, seconded by Commissioner Divine that the properties on Schedules A and B be designated as..surplus property; that designated City staff be authorized to sell the properties on Schedule A at the terms stated until March 31, 1991; and that City Staff be directed to solicit proposals from real estate agencies for properties on Schedule B and to bring an agency recommendation to the City Commission for approval prior to December 31, 1990. Aye: (5) . Nay: (0) . Motion adopted. (8.5) Report on River Cleanup and presentation of donation check from Crown Distributors/ Coors Brewing. Previously considered. (8.6) First Reading Ordinance Number 90-9412, amending Sections 35-104 and 35-106 of the Salina Code pertaining to the numbering of buildings, and repealing the existing sections. Acting Police Chief Kochanowski, reviewed the need for the code changes and asked the City Commission to adopt this ordinance. Moved by Commissioner Beggs, seconded by Commissioner Ryan that Ordinance Number 90-9412, amending Sections 35-104 and 35-106 of the Salina Code pertaining to the numbering of buildings and repealing the existing sections, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (8.7) Resolution Number 90-4238, authorizing and directing the issuance of temporary notes of the City of Salina, Kansas, in an aggregate principal amount not exceeding $1,260,458 for the purpose of providing funds to pay the construction costs of Crawford Street improvements, Phase II, from Broadway Boulevard to Shady Bend Drive, in said City. (Master -Resolution) Moved by Commissioner Ryan, seconded by Commissioner Beggs that Resolution Number 90-4238, authorizing and directing the issuance of temporary notes of the City of Salina, Kansas, in an aggregate principal amount not exceeding $1,260,458 for the purpose of providing funds to pay the construction costs of Crawford Street improvements, Phase II, from Broadway Boulevard to Shady Bend Drive, in said City, be adopted. Aye: (5) . Nay: (0) . Motion adopted. Action 90-382 90-383 90-384 (8.8) Resolution Number 90-4239, authorizing and directing the issuance of Municipal Temporary Note Number 1, Series PT -105 of the City of Salina, Kansas, in an aggregate principal amount of $600,000 for the purpose of providing funds to pay the construction costs of Crawford Street improvements, Phase 11, from Broadway Boulevard to Shady Bend Drive. Moved by Commissioner Warner, seconded by Commissioner Beggs that Resolution Number 90-4239, authorizing and directing the issuance of Municipal Temporary Note Number 1, Series PT -105 of the City of Salina, Kansas, in an aggregate principal amount of $600,000 for the purpose of providing funds to pay the construction costs of Crawford Street improvements, Phase 11, from Broadway Boulevard to Shady Bend Drive, be adopted. Aye: (5). Nay: (0). Motion adopted. (8.9) Request for executive session to discuss a legal matter. [Cable television franchise] Moved by Commissioner Divine, seconded by Commissioner Warner that the Board of Commissioners recess into executive session for the purpose of discussing a matter subject to the attorney-client privilege for the reason that public discussion of the matter would likely waive such attorney-client privilege and to reconvene in this room in 15 minutes or at 7:12 p.m. 7:12 p.m. The Board of Commissioners recessed at 6:52 p.m. and reconvene at The Board of Commissioners took no action. None OTHER BUSINESS ADJOURNMENT Moved by Commissioner Ryan, seconded by Commissioner the Regular Meeting of the Board of Co issioners be adjourned. Nay: (0). Motion adopted. The meeti i 4Mor Robert E. ,Fran [SEAL] / ATTEST: Jacquleline Shiever, City Clerk Beggs that Aye: (5).