08-20-1990 MinutesAction
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
AUGUST 20, 1990
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, August 20, 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
None
None
CITIZEN FORUM
AWARDS - PROCLAMATIONS
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting August 13, 1990.
Moved by Commissioner Divine, seconded by Commissioner Warner that
the Consent Agenda item be approved. Aye: (5). Nay: (0). Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Consider authorizing submittal of an application for Certified Local
Government to the Kansas Historic Preservation Department.
Roy Dudark, Director of Planning and Community Development,
reviewed the Kansas Historical Preservation program and asked the City
Commission to authorize the application.
Moved by Commissioner Warner, seconded by Commissioner Ryan that
the recommendation of the City Planner be accepted and that an application for
Certified Local Government to the Kansas Historic Preservation Department, be
authorized. Aye: (5). Nay: (0). Motion adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 90-9394, providing for the vacation
of the west 20 feet of Fourth Street adjacent to Lots 1 through 43, Alternately,
Fourth Street, Jones Addition.
Dennis Kissinger, City Manager, reviewed the background of the
vacating request and recommended the matter be tabled until the concerns
regarding railroad crossing improvements and access to a warehouse leased by
Premier Pneumatics are resolved.
Action
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Moved by Commissioner Ryan, seconded by Commissioner Divine that
Ordinance Number 90-9394, be tabled until August 27, 1990 or until the problems
are resolved. Aye: (5). Nay: (0). Motion adopted.
(8.2) Second Reading Ordinance Number 90-9401, providing for the adoption
and appropriation, by fund, of the budget of the City of Salina for the year
beginning January 1, 1991; and appropriating money from the various funds to
pay payrolls and claims against the City of Salina for the calendar year 1991.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Ordinance Number 90-9401, providing for the adoption and appropriation, by
fund, of the budget of the City of Salina for the year beginning January 1,
1991; and appropriating money from the various funds to pay payrolls and claims
against the City of Salina for the calendar year 1991, be adopted. Aye: Beggs,
Divine, Ryan, Warner, Frank (5) . Nay: (0) . Motion adopted.
(8.3) Second Reading Ordinance Number 90-9402, 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 in Meyer Addition from P.D.D. to R-1,
prescribing the proper uses thereof and repealing Ordinance Number 84-8989 as
it relates to the described property.
[Request by Roger Mattison to abandon the approved preliminary and final
development plans for the Pepper Tree Estates PDD and to reclassify the
property to R-1, its original zoning classification.]
(8.4) Second Reading Ordinance Number 90-9403, amending Section 25-82 of
the Salina Code pertaining to an offense known as "Disturbing the Peace" and
repealing the existing section.
(8.5) Second Reading Ordinance Number 90-9404, repealing Sections 38-151,
38-152 and 38-153 of the Salina Code pertaining to the definitions of noise,
prohibited noise and operating noise limits.
Dennis Kissinger, City Manager, asked that Items 8.4 and 8.5 be
tabled until the end of the agenda to give Gary Denning, City Prosecutor, time
to arrive from Municipal Court.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Items 8.4 and 8.5 be tabled to the end of the agenda. Aye: (5) . Nay: (0) .
Motion adopted.
(8.6) First Reading Ordinance Number 90-9405, amending Article III of
Chapter 35 of the Salina Code by enacting Section 35-43 pertaining to the
placement of newsracks on any city sidewalk or any other public property.
Moved by Commissioner Divine that this item be considered after Item
8.9. regarding Newspaper recycling.
Keith Rawlings, Risk Manager, reviewed the request by the Salina
Journal to place newsracks on public property and the background leading to
this ordinance. He said administrative regulations will be developed by next
week when the ordinance will be considered for second reading.
After discussion by the Commissioners and staff on the ramifications of
the ordinance, Commissioner Divine withdrew his motion.
Moved by Commissioner Warner, seconded
by Commissioner Divine that
Ordinance
Number 90-9402, 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
in Meyer
Addition from P.D.D. to R-1,
prescribing
the proper uses thereof and
repealing
Ordinance Number 84-8989 as
it relates to
the described property, be
adopted.
Aye: Beggs, Divine, Ryan,
Warner, Frank (5) . Nay: (0) . Motion
adopted.
(8.4) Second Reading Ordinance Number 90-9403, amending Section 25-82 of
the Salina Code pertaining to an offense known as "Disturbing the Peace" and
repealing the existing section.
(8.5) Second Reading Ordinance Number 90-9404, repealing Sections 38-151,
38-152 and 38-153 of the Salina Code pertaining to the definitions of noise,
prohibited noise and operating noise limits.
Dennis Kissinger, City Manager, asked that Items 8.4 and 8.5 be
tabled until the end of the agenda to give Gary Denning, City Prosecutor, time
to arrive from Municipal Court.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Items 8.4 and 8.5 be tabled to the end of the agenda. Aye: (5) . Nay: (0) .
Motion adopted.
(8.6) First Reading Ordinance Number 90-9405, amending Article III of
Chapter 35 of the Salina Code by enacting Section 35-43 pertaining to the
placement of newsracks on any city sidewalk or any other public property.
Moved by Commissioner Divine that this item be considered after Item
8.9. regarding Newspaper recycling.
Keith Rawlings, Risk Manager, reviewed the request by the Salina
Journal to place newsracks on public property and the background leading to
this ordinance. He said administrative regulations will be developed by next
week when the ordinance will be considered for second reading.
After discussion by the Commissioners and staff on the ramifications of
the ordinance, Commissioner Divine withdrew his motion.
Action
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Moved by Commissioner Warner, seconded by Commissioner Beggs that
Ordinance Number 90-9405, amending Article III of Chapter 35 of the Salina Code
by enacting Section 35-43 pertaining to the placement of newsracks on any city
sidewalk or any other public property, be introduced for first reading. Aye:
(5). Nay: (0). Motion adopted.
(8.7) Resolution Number 90-4224, setting the date of September 10, 1990 for
public hearing on Petition Number 3992, filed by Charles W. Pohlman, 624
Beechwood Road for the vacation of the South 1' of a utility easement lying along
the north property line of Lot 22, Block 1, Georgetown Addition.
Moved
by Commissioner Ryan, seconded by Commissioner
Beggs
that
Resolution Number 90-4224, setting the date of September 10, 1990
for public
hearing petition
Number 3992, filed by Charles W. Pohlman, 624 Beechwood
Road
for the vacation
of the South 1' of a utility easement lying along
the
north
property line of
Lot 22, Block 1, Georgetown Addition, be adopted.
Aye:
(5).
Nay: (0) . Motion adopted.
of the West 20 feet of the
utility
(8.8)
Resolution Number 90-4225, setting the date of September 10,
1990 for
public hearing on Petition Number
3993,
filed by Pastor Loren D. Houltberg,
She said
Emmanual
Foursquare Church, for
the
vacation of the storm water
drainage
easement
on the South 325 feet of
Lot 2,
Block 1, Lundberg Addition;
and the
vacation
of the West 20 feet of the
utility
easement along the east line
of Lot 2,
Block 1,
Lundberg Addition.
Moved by Commissioner Warner, seconded by Commissioner Beggs that
Resolution Number 90-4225, setting the date of September 10, 1990 for public
hearing on Petition Number 3993, filed by Pastor Loren D. Houltberg, Emmanual
Foursquare Church, for the vacation of the storm water drainage easement on
the South 325 feet of Lot 2, Block 1, Lundberg Addition; and the vacation of
the West 20 feet of the utility easement along the east line of Lot 2, Block 1 ,
Lundberg Addition, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.9) Report on Newspaper Recycling. [Tabled at the August 13, 1990
meeting]
Dennis Kissinger, City Manager, reviewed the background of the
newspaper recycling issue and asked for City Commission direction.
Commissioner Warner suggested the City Commission show leadership on
the recycling issue and encourage recycling to be funded by the Solid Waste
Fund.
Dennis Kissinger, City Manager, said staff will come back to the
Commission with a proposal.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Items 8.4 and 8.5 be removed from the table for consideration. Aye: (5). Nay:
(0) . Motion adopted.
(8.4) Second Reading Ordinance Number 90-9403, amending Section 25-82 of
the Salina Code pertaining to an offense known as "Disturbing the Peace" and
repealing the existing section.
Gary Denning, City Prosecutor, discussed the change in the ordinance
which will help enforcement and prosecution of violations.
Bryan Thompson, asked for a definition of "clearly audible."
Carol Lee Jones, 2419 Applewood, President of the
League
of Women
Voters asked the Commission to fund the newspaper recycling
drive.
She said
33% of all
newspapers'are recycled.
The Commissioners and staff discussed the recycling
issues.
Commissioner Divine suggested that the City also
recycle
glass and
aluminum
with the money from aluminum used to subsidize the
newspaper
recycling.
Commissioner Warner suggested the City Commission show leadership on
the recycling issue and encourage recycling to be funded by the Solid Waste
Fund.
Dennis Kissinger, City Manager, said staff will come back to the
Commission with a proposal.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Items 8.4 and 8.5 be removed from the table for consideration. Aye: (5). Nay:
(0) . Motion adopted.
(8.4) Second Reading Ordinance Number 90-9403, amending Section 25-82 of
the Salina Code pertaining to an offense known as "Disturbing the Peace" and
repealing the existing section.
Gary Denning, City Prosecutor, discussed the change in the ordinance
which will help enforcement and prosecution of violations.
Bryan Thompson, asked for a definition of "clearly audible."
Action
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Gary Denning, replied it would be as defined in the dictionary.
Moved by Commissioner Warner, seconded by Commissioner Ryan that
Ordinance Number 90-9403, amending Section 25-82 of the Salina Code pertaining
to an offense known as "Disturbing the Peace" and repealing the existing
section, with amendment in Section D, be adopted. Aye: Beggs, Divine, Ryan,
Warner, Frank (5) . Nay: (0) . Motion adopted.
(8.5) Second Reading Ordinance Number 90-9404, repealing Sections 38-151,
38-152 and 38-153 of the Salina Code pertaining to the definitions of noise,
prohibited noise and operating noise limits.
Moved by Commissioner Ryan, seconded by Commissioner Divine that
Ordinance Number 90-9404, repealing Sections 38-151, 38-152 and 38-153 of the
Salina Code pertaining to the definitions of noise, prohibited noise and operating
noise limits, be adopted. Aye: Beggs, Divine, Ryan, Warner, Frank. (5).
Nay: (0) . Motion adopted.
(8.10) Report by the City Engineer on the validity of Petition Number 3965
which was filed by the Heusner PTA for sidewalk on Ellsworth from Ohio to
Norton Streets, and files a feasibility report.
Dennis Kissinger, City Manager, reviewed the history of the petition
for sidewalk on East Ellsworth.
Shawn O'Leary, Assistant City Engineer, reviewed the staff report and
recommendations.
Marie Hazelmeier, South side of Ellsworth at Sunrise, protested the
installation of the sidewalk in her block because it would cause a financial
hardship on her.
Moved by Commissioner Warner, seconded by Commissioner Divine that
the action of the City Commission on February 27, 1989 be rescinded. Aye: (5) .
Nay: (0). Motion adopted.
Moved by Commissioner Ryan, seconded by Commissioner Beggs that
the feasibility report for sidewalk on East Ellsworth be accepted, that none of
the alternatives be accepted but that one block of sidewalk on the south side of
Ellsworth from Lewis to Roach be selected to be installed, and that staff be
directed to prepare the appropriate resolution to implement the improvements.
Aye: (5). Nay: (0). Motion adopted.
OTHER BUSINESS
Mayor Frank asked that staff check on drainage problems on South
Ninth Street at Magnolia, and in the Mayfair Addition.
Mayor Frank complimented staff on the railroad track improvements.
ADJOURNMENT
Moved by Commissioner Ryan, seconded by Commissioner Beggs that the
Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay:
(0). Motion adopted. The meeting ad' at 6:10 p.m.
r�
Robert E. Frank, M
[SEAL]
ATTEST:
Jacque) ne Shiever, City Clerk