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08-06-1990 MinutesAction CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS AUGUST 6, 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 6, 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 CITIZEN FORUM Mayor Frank urged the citizens of Salina to vote at the primary election to be held on Tuesday, August 7, 1990. AWARDS - PROCLAMATIONS (4.1) The Mayor proclaimed the week of August 8 through 12, 1990 as "TRI -RIVERS FAIR AND RODEO WEEK." The proclamation was read by Wes Montee, Chairman of the 4-H Council Fair Committee. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on Petition Number 3989, filed by Brown Industries, Inc. for the vacation of a portion of Fourth Street from the north line of North Street to the south right-of-way line of the Union Pacific Railroad. Mayor Frank declared the public hearing open. Warren Schmidt, Brown Industries, reviewed the request to vacate a portion of Fourth Street. Tom Girard, Fire Chief, explained the necessity of constructing a retaining wall to separate methanol from the hydrogen at that location. He explained the retaining wall will contain the methanol so firefighters can apply foam and water can be applied to the hydrogen in case of an accident. Dennis Kissinger, City Manager, said hundreds of staff hours have been spent in negotiations on this request to mitigate a hazardous situation. George Korbelik, President of Premier Pneumatics, Inc., explained that his company does not object to the street being vacated. He asked for formalization that the railroad will not block the Third Street crossing because it will hinder tractor -trailer access to his business. He asked if the City will improve the crossing of Third and Lincoln. Don Hoff, Director of Engineering and Utilities, discussed the status of the streets in the area. Mayor Frank declared the public hearing closed. (5.1a) First Reading Ordinance Number 90-9394, providing for the vacation of the west 20 feet of Fourth Street adjacent to Lots 1 through 43, alternately on Fourth Street, Jones Addition. Action 90-276 90-277 90-278 Moved by Commissioner Warner, seconded by Commissioner Beggs that Ordinance Number 90-9394, providing for the vacation of the west 20 feet of Fourth Street adjacent to Lots 1 through 43, Alternately, on Fourth Street, Jones Addition, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (5.2) Public hearing on the advisability of certain sidewalk improvements. [Engineering Project 90-808] 4, Ken Rinke, 1125 West Republic, expressed concern about the location of the sidewalk to be constructed on his property. Shawn O'Leary, Assistant City Engineer, reviewed the project and discussed the design criteria. Dennis Kissinger, City Manager, suggested Mr. O'Leary meet with the property owner to discuss location details. Bill Evans, 2960 Florida, asked for consideration of sidewalks in the Schilling Industrial Area, especially on Foxboro, Centennial Road and Arnold. Mr. Fritsche, 1843 Highland, said he is interested in being included in a similar sidewalk project. George Toland, 908 Highland, asked for a definition of arterial street and said he is not in favor of the project because some residential sidewalks are in terrible condition. He explained that he appeared today to protect his right to speak later. Don Hoff, Director of Engineering and Utilities, explained that it is the responsibility of the property owner to maintain existing sidewalks. Willie Williams, 1121 West Republic, said he received notice concerning the sidewalk but didn't get a diagram showing the location of the sidewalk to be installed on his property. Mayor Frank declared the public hearing closed. (5.2a) Resolution Number 90-4215, determining the advisability of sidewalk improvements, estimating the cost thereof, defining the boundaries of the improvement district, method of assessment, and apportioning the cost between the improvement district and the city -at -large. Moved by Commissioner Beggs, seconded by Commissioner Divine that Resolution Number 90-4215, determining the advisability of sidewalk improvements, estimating the cost thereof, defining the boundaries of the improvement district, method of assessment, and apportioning the cost between the improvement district and the city -at -large, be adopted. Aye: (5). Nay: (0) . Motion adopted. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting July 23, 1990. (6.2) Set the date of August 22, 1990 to receive bids for "point of sale system" (computerized concession registers) for the Bicentennial Center. Moved by Commissioner Ryan, seconded by Commissioner Warner that all items on the Consent Agenda be approved. Commissioner Divine asked for a comparison of what other centers have realized on their investment of similar equipment. W. E. Harris, Director of the Bicentennial Center, reviewed the necessity for the equipment and how it will facilitate concession sales. He said the registers are similar to those used in "fast food" facilities and the equipment should pay for itself in approximately three years. Mayor Frank called for a vote on Commission Action 90-278. Aye: (5). Nay: (0) . .Motion adopted. Action 90-279 90-280 90-281 90-282 90-283 DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Zoning Application 90-15, 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, be approved. [Introduce Ordinance Number 90-9395 for first reading . ] Roy Dudark, Director of Planning and Community Development, reviewed the application. Moved by Commissioner Ryan, seconded by Commissioner Divine that the recommendation of the City Planning Commission be accepted, that Zoning Application 90-15 be approved and 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 introduced for first reading. Aye. (5). Nay: (0). Motion adopted. (7.2) Recommendation from the City Planning Commission that 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 the C-2 (Neighborhood Shopping District). [Introduce Ordinance Number 90-9396 for first reading.] Moved by Commissioner Divine, seconded by Commissioner Beggs that the recommendation of the City Planning Commission be accepted, that Zoning Application 90-16 be approved and that Ordinance Number 90-9396, providing for the amendment of Sections 42-467 and 42-468 of the Salina Code pertaining to the permitted and conditional uses in District C-2, and repealing the existing sections, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. ADMINISTRATION (8.1) First 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 Warner, seconded by Commissioner Divine 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 introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (8.2) First 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 Ryan, seconded by Commissioner Warner 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 introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. (8.3) First 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 Divine, seconded by Commissioner Ryan 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 introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. Action 90-284 90-285 90-286 (8.4) Resolution Number 90-4216, authorizing the Mayor to execute a letter indicating the City's approval and authorization of a partial redemption of the City of Salina, Kansas Revenue Bonds - Salina Central Mall Limited Partnership (Dillard's Project) Series 1984. Greg Bengtson, City Attorney, reviewed the Central Mall Industrial Revenue Bond projects and the request to redeem a portion of the bonds. Moved by Commissioner Warner, seconded by Commissioner Ryan that Resolution Number 90-4216, authorizing the Mayor to execute a letter indicating the City's approval and authorization of a partial redemption of the City of Salina, Kansas Revenue Bonds - Salina Central Mall Limited Partnership (Dillard's Project) Series 1984, be adopted. Aye: (5). Nay: (0). Motion adopted. (8.5) Resolution Number 90-4217, authorizing the Mayor to execute a letter indicating the City's approval and authorization of a partial redemption of the City of Salina, Kansas Revenue Bonds - Salina Central Mall Limited Partnership (Penney's Project) Series 1984. Moved by Commissioner Divine, seconded by Commissioner Beggs that Resolution Number 90-4217, authorizing the Mayor to execute a letter indicating the City's approval and authorization of a partial redemption of the City of Salina, Kansas Revenue Bonds - Salina Central Mall Limited Partnership (Penney's Project) Series 1984, be adopted. Aye: (5). Nay: (0). Motion adopted. (8.6) Presentation of petitions regarding sales tax election for Kansas State/Kansas College of Technology merger. Gerald Cook, President of the Salina Area Chamber of Commerce, presented a petition containing 3,759 names asking for a 1/2 cent city sales tax from January 1, 1991 to December 31, 1992 to finance the merger of Kansas State College and the Kansas College of Technology. The Commissioners accepted the petition. (8.7) First 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, introduced Dave Antrim of the Chamber of Commerce Board of Directors and Dick Renfro of the Sales Tax Task Force. He explained that Salina Economic Development, Inc. voted to pay the $12,000 to $14,000 expected cost of the special election. He also said the economic impact of the merger of Kansas State University and Kansas College of Technology could be approximately 18 million to 20 million dollars per year for Salina. Greg Bengtson, City Attorney, reviewed the City Commissions legal obligation to act on this ordinance. Moved by Commissioner Warner, seconded by Commissioners Ryan 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 introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. (8.8) Staff report on waste tire salvage. Dennis Kissinger, City Manager, reviewed the bids received on August 2, 1990 for waste tire disposal and recommended the City Commission accept the proposal of Becker Tire Company and instruct the staff to draft an agreement for consideration by the City Commission in the near future. Frank Weinhold, Director of General Services, reported the landfill could possibly handle 6,000 to 7,000 tires in a six month period. Action 90-287 90-288 Moved by Commissioner Ryan, seconded by Commissioner Warner that the staff recommendation be accepted and that the City Manager be instructed to work with Becker Tire Company to negotiate an agreement for the disposal of waste tires from the Salina Landfill. Aye: (5) . Nay: (0) . Motion adopted. (8.9) Staff report on the river project. Dennis Kissinger, City Manager, reviewed the river project and outlined several possibilities. He reported that Crown Distributors gave a $10,000 grant for the Smoky Hill River project. He said staff submitted proposals to the committee, project 2A to clean up the area near Founders Park and below the dam, and project 2B to clean up the area from the Walnut Bridge to the Iron Avenue Bridge in the fall. He said staff could possibly build a temporary dam in Oakdale Park, which would give staff some experience, meet the needs of the River Committee and stay within the budget for this portion of river cleanup. R. W. Bull, Chairman of the Smoky Hill River Development Committee thanked the Coors people for their grant and asked the City Commission to accept the Coors contribution and give approval for projects 2A and 2B so work may continue on the river. The City Commission thanked the Crown Distributors for their contribution and directed the City Manager to proceed with projects 2A and 2B. Commissioner Warner asked for some long-range planning for the Smoky Hill River. OTHER BUSINESS Dennis Kissinger, City Manager, reprimanded The Salina Journal for what he called irresponsible reporting of a child playing in a storm sewer drain. Mayor Frank reminded everyone that the Tri -Rivers Fair and Rodeo starts this week. 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 meeti o rned at, 6:31 .m. Vobert Frank, Mayor [SEAL] ATTEST: J\'�"w Jacqu line Shiever, City Clerk