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07-09-1990 MinutesAction 90-249 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS JULY 9, 1990 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, July 9, 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 Bill Nelson, 917 North Thirteenth, Lot 13, commented on City Commission action to handle waste tires. AWARDS - PROCLAMATIONS None PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting July 2, 1990. (6.2) Petition Number 3993 was filed by Loren D. Houltberg, Pastor of the Emmanual Foursquare Church, for the vacation of the stormwater drainage easement on the South 325' of Lot 2, Block 1, Lundberg Addition and the vacation of the West 20' of the utility easement along the east line of Lot 2, Block 1, Lundberg Addition. [Refer to the City Engineer for a recommendation] (6.3) Petition Number 3994 was filed by Joyce A. Ratcliff for sidewalks to be completed around South Middle School and on Wayne Street which runs along the south side of the school. [Refer to the City Engineer for a recommendation] Moved by Commissioner Warner, seconded by Commissioner Ryan that all items on the Consent Agenda be approved. Aye: (5). Nay: (0). Motion adopted. None DEVELOPMENT BUSINESS Action 90-250 90-251 90-252 ADMINISTRATION (8.1) Second Reading Ordinance Number 90-9392, 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. [PDD application 88-4, filed by Monty Montee and Danny Huehl for amendment of the Country Oak Estates Planned Development District.] Moved by Commissioner Divine, seconded by Commissioner Beggs that Ordinance Number 90-9392, 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, Ryan, Warner, Frank (5). Nay: (0). Motion adopted. (8.2) First Reading Ordinance Number 90-9393, amending Section 7-31 of the Salina Code pertaining to livestock within the city limits and repealing the existing section; and enacting Section 7-35 of the Salina Code regarding the requirements for keeping a goat or sheep as a household pet. Dennis Kissinger, City Manager, reviewed the proposed code changes. Gayle Rose, 311 Sunset Drive, and Betty Lambert, 910 Kenison, members of the Saline County Humane Association spoke against changing the ordinance to allow sheep and goats as yard pets. Bill Nelson, 917 North 13th; Bryan Houte, (address unknown) ; Ernest Cole, 153 South Front, Bob Marietta, Attorney for the Randy Sterrett and Randy Sterrett, 721 North Seventh, spoke in favor of adopting the proposed ordinance to allow a sheep or a goat in the city limits. Moved by Commissioner Divine, seconded by Commissioner Warner that Ordinance Number 90-9393, amending Section 7-31 of the Salina Code pertaining to livestock within the city limits and repealing the existing section; and enacting Section 7-35 of the Salina Code regarding the requirements for keeping a goat or sheep as a household pet, be rejected. Aye: Beggs, Divine, Ryan, Warner, (4) . Nay: Frank (1) . Motion adopted. (8.3) Consider the purchase of real estate for the purpose of establishing a neighborhood park east of Meyer Addition. Roy Dudark, Director of Planning and Community Development reviewed the option agreement to purchase land east of Meyer Addition to use for a neighborhood park for $26,500 and to authorize staff to dispose of the surplus lots at a fair and reasonable price but not less than $3,000 a lot. Steve Snyder, Director of Parks and Recreation, discussed the approval of the new site for the neighborhood park by the Parks and Recreation Advisory Board. Allen Hall, 733 Meadowbrook Road, said he bought his lot in Meyer Addition because it is at the end of a cul-de-sac and asked that it remain the same. Commissioner Ryan asked that staff give consideration to platting the area to be developed on a cul-de-sac since Frederich Drive is already developing as a cul-de-sac. Moved by Commissioner Ryan, seconded by Commissioner Warner that the Mayor be authorized to execute the purchase agreement for real estate immediately east of Meyer Addition for the purpose of establishing a neighborhood park and that staff be authorized to dispose of the surplus lots at a fair and reasonable price but not less than $3,000 a lot. Aye: (5) . Nay: (0) . Motion adopted. Jim Drake, 2111 Knollcrest, a developer in the area, asked that Frederich Drive run through the cul-de-sac so it can be developed as originally platted. He asked if the City is going to bring the lots up to a buildable standard. He also asked that the City make builders aware of restrictive covenants on the lots at the time the building permit is issued. Commissioner Ryan asked that staff give consideration to platting the area to be developed on a cul-de-sac since Frederich Drive is already developing as a cul-de-sac. Moved by Commissioner Ryan, seconded by Commissioner Warner that the Mayor be authorized to execute the purchase agreement for real estate immediately east of Meyer Addition for the purpose of establishing a neighborhood park and that staff be authorized to dispose of the surplus lots at a fair and reasonable price but not less than $3,000 a lot. Aye: (5) . Nay: (0) . Motion adopted. Action 90-253 90-254 90-255 (8.4) Report on bids received July 5, 1990 for Engineering Project 90-806, Latex Modified Slurry Seal improvements to certain streets. [Award the contract to Ballou Construction Company, Inc. of Salina in the amount of $319,540.00.] Don Hoff, Director of Engineering and Utilities, reported on the bids received July 5, 1990 and recommended the contract be awarded to Ballou Construction Company, Inc. of Salina in the amount of $319,540.00. Moved by Commissioner Warner, seconded by Commissioner Divine that the recommendation of the Director of Engineering and Utilities be accepted and that the contract be awarded to Ballou Construction Company, Inc. of Salina in the amount of $319,540.00. Aye: (5) . Nay: (0) . Motion adopted. (8.5) Request for executive session to discuss a legal matter. Moved by Commissioner Ryan, seconded by Commissioner Warner that the City Commission recess into executive session for the purpose of discussing a matter deemed subject to the attorney/client privilege for the reason that public discussion of the matter at this time would adversely affect the City's position regarding the matter and to reconvene in this room in 30 minutes or at 5:55 p.m. Aye: (5) . Nay: (0) . Motion adopted. None The Commission recessed at 5:25 p.m. and reconvened at 5:55 p.m. The City Commission took no action. OTHER BUSINESS 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 adj at 5:56 p.m. Robert Frank, Mayor [SEAL] ATTEST: Jtw lug � 1uev tx.� Jacqueline Shiever, City Clerk