08-13-1990 MinutesAction
90-289
90-290
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
AUGUST 13, 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 13, 1990, at 4:00 p.m.
There were present:
Mayor Robert E. Frank, Chairman presiding
Commissioner Carol E. Beggs
Commissioner John Divine
Commissioner Joseph A. Warner
comprising a quorum of the Board, also present:
Greg Bengtson, City Attorney
Jacqueline Shiever, City Clerk
W. E. Harris, Acting City Manager
Absent:
Commissioner Stephen C. Ryan
City Manager Dennis M. Kissinger
CITIZEN FORUM
None
AWARDS - PROCLAMATIONS
None
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing on the 1991 Budget for the City of Salina, Kansas.
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) Resolution Number 90-4218, adopting the 1991 budget.
Moved by Commissioner Warner, seconded by Commissioner Beggs that
Resolution Number 90-4218, adopting the 1991 budget, be adopted. Aye: (4) .
Nay: (0) . Motion adopted.
(5.1b) First 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 introduced for first
reading. Aye: (4). Nay: (0). Motion adopted.
Action
90-291
90-292
90-293
90-294
90-295
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting August 6, 1990.
Moved by Commissioner Beggs, seconded by Commissioner Warner that
the minutes of the Regular Meeting August 6, 1990 be approved. Aye: (4) .
Nay: (0). Motion adopted.
(6.2) Resolution Number 90-4219, authorizing the designation of South Street
as a through street at its intersection with Eighth Street; authorizing the
installation and marking of Eighth Street with "stop" signs at the intersection of
South Street at Eighth Street; and authorizing the installation and marking of
the north side of South Street from Eighth Street to Ninth Street and from
Eighth Street to the alley 120 feet east of Eighth Street as a no parking zone.
Don Hoff, Director of Engineering and Utilities, reviewed the changes.
Moved by Commissioner Warner, seconded by Commissioner Beggs that
Resolution Number 90-4219, authorizing the designation of South Street as a
through street at its intersection with Eighth Street; authorizing the installation
and marking of Eighth Street with "stop" signs at the intersection of South
Street at Eighth Street; and authorizing the installation and marking of the
north side of South Street from Eighth Street to Ninth Street and from Eighth
Street to the alley 120 feet east of Eighth Street as a no parking zone, be
adopted. Aye: (4) . Nay: (0) . Motion adopted.
(6.3) Resolution Number 90-4220, requesting that the Director of Accounts
and Reports waive the requirements of law relating to the preparation of
financial statements and financial reports pursuant to K.S.A. 75-1120a for the
year 1990.
Robert K. Biles, Director of Finance and Administration, reviewed the
state law requirements regarding financial reports.
Moved by Commissioner Beggs, seconded by Commissioner Divine that
Resolution Number 90-4220, requesting that the Director of Accounts and Reports
waive the requirements of law relating to the preparation of financial statements
and financial reports pursuant to K.S.A. 75-1120a for the year 1990, be
adopted. Aye: (4) . Nay: (0) . Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission that Plat
Application 90-2A, filed by the City Planning Department, for approval of a
replat of Lot 13, Block 5 and Lots 24, 25, 26, 27 and 28, Block 6, Meyer
Addition, be approved.
Roy Dudark, reviewed the replat of part of Blocks 5 and 6, Meyer
Addition which was done as part of the City's obligation to make the lots
marketable.
Moved by
Commissioner
Warner,
seconded by Commissioner Divine that
the recommendation
of the City
Planning
Commission be accepted, that Plat
Application 90-2 be
approved and
that the
Mayor be authorized to sign the final
Replat of Lot 13,
Block 5 and
Lots 24,
25, 26, 27 and 28, Block 6, Meyer
Addition. Aye: (4)
. Nay: (0) .
Motion adopted.
(7.2) Recommendation from the City Planning Commission that Planned
Development District Application 89-213, filed by Bill Plumlee dba AAA Builders,
for the approval of a final development plan and plat for Georgetown Village
Townhomes, Phase 11, be approved.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the recommendation of the City Planning Commission be accepted and that the
Mayor be authorized to sign the final development plan and plat for Georgetown
Village Townhomes, Phase 11. Aye: (4) . Nay: (0) . Motion adopted.
Action
90-296
90-297
90-298
90-299
(7.3) Recommendation from the City Planning Commission that a 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, be approved. [Introduce Ordinance Number
90-9402 for first reading]
Roy Dudark, Director of Planning and Community Development
reviewed the request.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the recommendation of the City Planning Commission be accepted, that the
request by Roger Mattison to abandon the Pepper Tree Estates PDD be approved
and 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, be introduced for first
reading with an amendment to Section 2 to read "as it relates to the described
property." Aye: (4). Nay: (0). Motion adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 90-9395, 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.
[Zoning Application Z90-15, filed by Salina Appliance Showroom, requesting
a change in zoning district classification from C-3 (Shopping Center
District) to C-5 (Service Commercial District) on Lots 2 and 4, Block 13,
Pacific Addition to the City of Salina, Kansas]
(8.2) Second Reading Ordinance Number 90-9396, providing for the
amendment of Sections 42-267 and 42-268 of the Salina Code pertaining to the
permitted and conditional uses in District C-2 and repealing the existing
sections.
[Zoning Application 90-16, filed by the City Planning Commission,
requesting amendment of Sections 42-267 and 42-268 of the Salina Code
pertaining to the permitted and conditional uses in District C-2
(Neighborhood Shopping District).]
Moved by Commissioner Warner, seconded by Commissioner Beggs that
Ordinance Number 90-9396, providing for the amendment of Sections 42-267 and
42-268 of the Salina Code pertaining to the permitted and conditional uses in
District C-2 and repealing the existing sections, be adopted. Aye: Beggs,
Divine, Warner, Frank. (4) . Nay: (0) . Commissioner Ryan absent. Motion
adopted.
(8.3) Second Reading Ordinance Number 90-9397, levying special assessments
against certain lots and pieces of property to pay the cost of cutting weeds on
certain lots and parts of lots and the parkways abutting thereon in the City of
Salina, Kansas.
Moved by Commissioner
Divine, seconded
by Commissioner Warner that
Ordinance Number 90-9395, 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 adopted. Aye:
Beggs,
Divine, Warner, Frank.
(4). Nay: (0).
Commissioner Ryan absent.
Motion
adopted.
(8.2) Second Reading Ordinance Number 90-9396, providing for the
amendment of Sections 42-267 and 42-268 of the Salina Code pertaining to the
permitted and conditional uses in District C-2 and repealing the existing
sections.
[Zoning Application 90-16, filed by the City Planning Commission,
requesting amendment of Sections 42-267 and 42-268 of the Salina Code
pertaining to the permitted and conditional uses in District C-2
(Neighborhood Shopping District).]
Moved by Commissioner Warner, seconded by Commissioner Beggs that
Ordinance Number 90-9396, providing for the amendment of Sections 42-267 and
42-268 of the Salina Code pertaining to the permitted and conditional uses in
District C-2 and repealing the existing sections, be adopted. Aye: Beggs,
Divine, Warner, Frank. (4) . Nay: (0) . Commissioner Ryan absent. Motion
adopted.
(8.3) Second Reading Ordinance Number 90-9397, levying special assessments
against certain lots and pieces of property to pay the cost of cutting weeds on
certain lots and parts of lots and the parkways abutting thereon in the City of
Salina, Kansas.
Moved by Commissioner Divine, seconded by Commissioner
Warner that
Ordinance
Number 90-9397, levying special assessments
against certain lots and
pieces of
property to pay the cost of cutting weeds on
certain lots
and parts of
lots and
the parkways abutting thereon in the City
of Salina,
Kansas, be
adopted.
Aye: Beggs, Divine, Warner, Frank. (4) .
Nay: (0) .
Commissioner
Ryan absent. Motion adopted.
Action
90-300
90-301
90-302
90-303
90-304
(8.4) Second Reading Ordinance Number 90-9398, levying special assessments
against certain lots and pieces of property to pay the cost of abatement of
nuisances, located on certain lots and parts of lots in the City of Salina,
Kansas.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Ordinance Number 90-9398, levying special assessments against certain lots and
pieces of property to pay the cost of abatement of nuisances, located on certain
lots and parts of lots in the City of Salina, Kansas, be adopted. Aye: Beggs,
Divine, Warner, Frank. (4). Nay: (0). Commissioner Ryan absent. Motion
adopted.
(8.5) Second Reading Ordinance Number 90-9399, levying special assessments
against certain lots and pieces of property to pay the cost of sidewalk repair
located on certain lots and parts of lots in the City of Salina, Kansas.
Moved by Commissioner Warner, seconded by Commissioner Divine that
Ordinance Number 90-9399, levying special assessments against certain lots and
pieces of property to pay the cost of sidewalk repair located on certain lots and
parts of lots in the City of Salina, Kansas, be adopted. Aye: Beggs, Divine,
Warner, Frank. (4). Nay: (0). Commissioner Ryan absent. Motion adopted.
(8.6) Second Reading Ordinance Number 90-9400, calling a special election
for submission of the question of imposing a retailers' sales tax to the electors of
the City in response to petition as required by K.S.A. 12-187.
Gerald Cook, President of the Salina Area Chamber of Commerce
presented a petition containing 3,810 signatures calling for a special election to
vote on the question to raise 1 /2� retailers' sales tax beginning January 1, 1991
and ending December 31, 1992 with the proceeds to be used locally for the
merger of the Kansas College of Technology with Kansas State University as the
Kansas State University - Salina Campus. [The petition was later numbered
39961
Moved by Commissioner Warner, seconded by Commissioners Beggs and
Divine that Ordinance Number 90-9400, calling a special election for submission
of the question of imposing a retailers' sales tax to the electors of the City in
response to petition as required by K.S.A. 12-187, be adopted. Aye: Beggs,
Divine, Warner, Frank. (4). Nay: (0). Commissioner Ryan absent. Motion
adopted.
(8.7) First 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.
(8.8) First 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.
Greg Bengtson, City Attorney, asked that Items 8.7 and 8.8 be tabled
until the end of the agenda to give the City Prosecutor, Gary Denning, time to
get here from Municipal Court to discuss the ordinances.
Moved by Commissioner Divine, seconded by Commissioner Warner that
consideration of Items 8.7 and 8.8 be tabled until the end of the agenda. Aye:
(4). Nay: (0). Motion adopted.
(8.9) Accept the bid for the purchase of 13 lots in Blocks 5 and 6, Meyer
Addition. [Accept the bid of James Drake for $33,334.001
Roy Dudark, Director of Planning and Community Development,
reviewed the bids received on August 9, 1990 and recommended'the bid of James
Drake be accepted.
Moved by Commissioner Warner, seconded by Commissioner Divine that
the recommendation of the City Planner be accepted and that the bid of James
Drake in the amount of $33,334.00 be accepted for the purchase of 13 lots in
Blocks 5 and 6, Meyer Addition. Aye: (4) . Nay: (0) . Motion adopted.
James Drake, 2111 Knollcrest, thanked staff members for their help.
Action
90-305
90-306
90-307
90-308
(8.10) Resolution Number 90-4221, authorizing and ordering certain sidewalk
improvements, ordering preparation of plans and specifications and the estimate
of costs. [Engineering Project 90-808 - 1990 sidewalk improvements]
Don Hoff, Director of Engineering and Utilities, reviewed the 1990
sidewalk project.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Resolution Number 90-4221 , authorizing and ordering certain sidewalk
improvements, ordering preparation of plans and specifications and the estimate
of costs, be adopted. Aye: (4) . Nay: (0) . Motion adopted.
(8.11) Reconsideration of Resolution Number 90-4206, authorizing the Mayor to
execute and the City Clerk to attest an agreement with Sunflower Sanitation,
Inc./Joseph Engravalle Service for waste car/truck tire recovery. [Tabled at
the July 16, 1990 meeting.]
Moved by Commissioner Warner, seconded by Commissioner Divine that
Resolution Number 90-4206 be removed from the table for consideration. Aye:
(4) . Nay: (0) . Motion adopted.
Moved by Commissioner Warner, seconded by Commissioner Divine that
Resolution Number 90-4222, authorizing the Mayor to execute and the City Clerk
to attest an agreement with Becker Tire of Salina, Inc. for waste car/truck tire
recovery, be adopted. Aye: (4). Nay: (0). Motion adopted.
(8.13) Resolution Number 90-4223, setting the date of September 10, 1990 for
a public hearing on the vacation of street right-of-way with retention of a
pedestrian and utility easements on a portion of Fredrich Drive.
Moved by Commissioner Warner, seconded by Commissioner Divine that
Resolution Number 90-4223, setting the date of September 10, 1990 for a public
hearing on the vacation of street right-of-way with retention of pedestrian and
utility easements on a portion of Fredrich Drive, be adopted. Aye: (4) . Nay:
(0) . Motion adopted.
(8.14) Request by Jim Gile for time to address the City Commission on the
proposed handicapped playground in Ivey Park in honor of former Police Chief
John Woody and to present a check to the City of Salina.
Jim Gile and Mary Tannahill were present.
Mary Tannahill presented a belt buckle to Retired Police Chief John
Woody with the art design of his "Roast and Toast."
John Woody, thanked them for the memento.
Jim Gile, presented a check in excess of $14,000 to Steve Snyder,
Director of Parks and Recreation, to be used for the handicapped park in Jerry
Ivey Park in recognition of Chief John Woody's 37 years of service.
Steve Snyder, thanked Jim for the contribution and said a committee
will be formed to create a master plan for the development of the playground
park.
Mayor Frank asked for a motion concerning
Resolution Number 90-4206,
authorizing
the Mayor to execute and the City Clerk
to attest an
agreement with
Sunflower
Sanitation, Inc./Joseph Engravalle Service for waste
car/truck tire
recovery.
Resolution Number 90-4206, died for lack of
a motion to
adopt.
(8.12)
Resolution Number 90-4222, authorizing the
Mayor to execute and the
City Clerk to attest an agreement with Becker Tire
of Salina,
Inc, for waste
car/truck
tire recovery.
Moved by Commissioner Warner, seconded by Commissioner Divine that
Resolution Number 90-4222, authorizing the Mayor to execute and the City Clerk
to attest an agreement with Becker Tire of Salina, Inc. for waste car/truck tire
recovery, be adopted. Aye: (4). Nay: (0). Motion adopted.
(8.13) Resolution Number 90-4223, setting the date of September 10, 1990 for
a public hearing on the vacation of street right-of-way with retention of a
pedestrian and utility easements on a portion of Fredrich Drive.
Moved by Commissioner Warner, seconded by Commissioner Divine that
Resolution Number 90-4223, setting the date of September 10, 1990 for a public
hearing on the vacation of street right-of-way with retention of pedestrian and
utility easements on a portion of Fredrich Drive, be adopted. Aye: (4) . Nay:
(0) . Motion adopted.
(8.14) Request by Jim Gile for time to address the City Commission on the
proposed handicapped playground in Ivey Park in honor of former Police Chief
John Woody and to present a check to the City of Salina.
Jim Gile and Mary Tannahill were present.
Mary Tannahill presented a belt buckle to Retired Police Chief John
Woody with the art design of his "Roast and Toast."
John Woody, thanked them for the memento.
Jim Gile, presented a check in excess of $14,000 to Steve Snyder,
Director of Parks and Recreation, to be used for the handicapped park in Jerry
Ivey Park in recognition of Chief John Woody's 37 years of service.
Steve Snyder, thanked Jim for the contribution and said a committee
will be formed to create a master plan for the development of the playground
park.
Action
90-309
90-310
90-311
90-312
(8.15) Report on Newspaper recycling.
W. E. Harris, Assistant City Manager, asked the City Commission to
table the matter until the City Manager returns.
Moved by Commissioner Divine, seconded by Commissioner Warner that
the report on newspaper recycling be tabled until the City Manager returns.
Aye: (4) . Nay: (0) . Motion adopted.
(8.16) Report on Employee Appreciation Month.
Keith Rawlings, Risk Manager, reviewed the activities planned for
September which has been designated "Employee Appreciation Month."
(8.7) First 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.
Moved by Commissioner Divine, seconded by Commissioner Beggs 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, be introduced for first reading. Aye: (4). Nay: (0). Motion adopted.
(8.8) First 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 Warner, seconded by Commissioner Beggs 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 introduced for first reading. Aye: (4). Nay: (0). Motion
adopted.
None
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Beggs, seconded by Commissioner Warner that
the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4) .
Nay: (0). Motion adopted. The meetin djourned at 5:46 p.m.
C_r
Robert E. Frank, Mayo
[SEAL]
ATTEST:
-A,�,
Jacqudline Shiever, City Clerk