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06-25-1990 MinutesAction 90-225 90-226 90-227 CITY OF SALINA, KANSAS REGULAR MEETING OF THE JUNE 25, 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, June 25, 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 CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) Resolution Number 90-4199, expressing gratitude and appreciation to CHARLES F. AMANN for serving as a laborer, maintenance worker and senior maintenance worker for the Traffic Department of the City of Salina, Kansas, from May 31, 1979 to June 30, 1990. Moved by Commissioner Warner, seconded by Commissioner Ryan that Resolution Number 90-4199, expressing gratitude and appreciation to CHARLES F. AMANN for serving as a laborer, maintenance worker and senior maintenance worker for the Traffic Department of the City of Salina, Kansas, from May 31, 1979 to June 30, 1990, be adopted. Aye: (5) Nay: (0). Motion adopted. (4.2) Resolution Number 90-4200, expressing gratitude and appreciation to ROBERT F. HINDMAN for serving as a Water Plant Operator and Water Plant Laboratory Technician for the Water and Sewerage Department of the City of Salina, Kansas, from September 26, 1955 to June 30, 1990. Moved by Commissioner Warner, seconded by Commissioner Ryan that Resolution Number 90-4200, expressing gratitude and appreciation to ROBERT F. H I NDMAN for serving as a Water Plant Operator and Water Plant Laboratory Technician for the Water and Sewerage Department of the City of Salina, Kansas, from September 26, 1955 to June 30, 1990, be adopted. Aye: (5) Nay: (0). Motion adopted. (4.3) Resolution Number 90-4201, expressing gratitude and appreciation to DONALD PICKING for serving as a laborer and maintenance worker for the Cemetery Department of the City of Salina, Kansas, from October 16, 1964 to June 30, 1990. Moved by Commissioner Warner, seconded by Commissioner Ryan that Resolution Number 90-4201, expressing gratitude and appreciation to DONALD PICKING for serving as a laborer and maintenance worker for the Cemetery Department of the City of Salina, Kansas, from October 16, 1964 to June 30, 1990, be adopted. Aye: (5). Nay: (0). Motion adopted. Action 90-228 90-229 90-230 90-231 (4.4) Resolution Number 90-4202, expressing gratitude and appreciation to KENNETH P. SCHMIDT for serving as firefighter and fire lieutenant for the fire department of the City of Salina, Kansas, from May 26, 1960 to June 30, 1990. Moved by Commissioner Warner, seconded by Commissioner Ryan that Resolution Number 90-4202, expressing gratitude and appreciation to KENNETH P. SCHMIDT for serving as firefighter and fire lieutenant for the fire department of the City of Salina, Kansas, from May 26, 1960 to June 30, 1990, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (4.5) Resolution Number 90-4203, expressing gratitude and appreciation to RICHARD G. SPRACKLIN for serving as firefighter for the Salina Fire Department from August 17, 1965 to June 12, 1990. Moved by Commissioner Warner, seconded by Commissioner Ryan that Resolution Number 90-4203, expressing gratitude and appreciation to RICHARD G. SPRACKLIN for serving as firefighter for the Salina Fire Department from August 17, 1965 to June 12, 1990, be adopted. Aye: (5). Nay: (0). Motion adopted. (4.6) Resolution Number 90-4204, expressing gratitude and appreciation to JOHN WOODY for serving as police officer, detective, police captain and Chief of Police for the Salina Police Department from November 21, 1953 to June 30, 1990. Moved by Commissioner Warner, seconded by Commissioner Ryan that Resolution Number 90-4204, expressing gratitude and appreciation to JOHN WOODY for serving as police officer, detective, police captain and Chief of Police for the Salina Police Department from November 21, 1953 to June 30, 1990, be adopted. Aye: (5) . Nay: (0) . Motion adopted. The Mayor presented the plaque to each retiree, except for Kenneth P. Schmidt, who was not present. (4.7) Col. John Hoyne, representative of the Bennington Chapter of the Sons of the American Revolution, presented a medal, a ribbon and a certificate of the honor to Police Chief John Woody. Police Chief John Woody thanked him for the award. (4.8) Gary Cook, OCCK, presented a "1990 Community Service Award" from the National Association of Rehabilitation Facilities to the City Commissioners. Mayor Frank read a letter of thanks to Gary Cook. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting June 18, 1990. Moved by Commissioner Divine, seconded by Commissioner Beggs that the Consent Agenda be approved. Aye: (5) Nay: (0). Motion adopted. None DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Second Reading Ordinance Number 90-9387, providing for the amendment of Article IX of Chapter 42 of the Salina Code regarding the Heritage Conservation District and repealing the existing article. Action 90-232 90-233 90-234 90-235 90-236 [Zoning Application 90-12, filed by the City Planning Commission, for amendment of Article IX, of the Salina Code regarding the Heritage Conservation District. ] Moved by Commissioner Divine, seconded by Commissioner Warner that Ordinance Number 90-9387, providing for the amendment of Article IX of Chapter 42 of the Salina Code regarding the Heritage Conservation District and repealing the existing article, be adopted. Aye: Beggs, Divine, Ryan, Warner, Frank. (5). Nay: (0). Motion adopted. (8.2) Second Reading Ordinance Number 90-9388, 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 90-13, filed by George William Roenne, Jr. for rezoning of Lots 11 and 12 and the West 30' of Lots 1 and 2, Block 13, Mayfair Addition to District PC -1.1 Moved by Commissioner Warner, seconded by Commissioner Ryan that Ordinance Number 90-9388, 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. (8.3) Second Reading Ordinance Number 90-9389, 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 90-14, filed by James Jarvis for the rezoning of Lots 13 and 14, Block 2, Holiday Addition to District C-5, (Service Commercial District).] Moved by Commissioner Ryan, seconded by Commissioner Divine that Ordinance Number 90-9389, 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. (8.4) Second Reading Ordinance Number 90-9390, 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 90-10, filed by Keith and Janice Olson, for the rezoning of Lot 2, Block 1, Worsley Addition to District C-2, (Neighborhood Shopping Center).] Mary Jane Hendrix, 458 Maple; Roger Will, 453 Tulane; Lois Hickel, 464 Maple; Craig VanBlaricon, 602 Maple; Merlin Stevens, 340 Maple; Etta McClain, 1920 Hageman; Esther Mitchell, 703 Willis; Richard Comfort, attorney representing Bill Hendrix; Della Tomanek, 349 Maple; Bill Hendrix, 458 Maple, spoke against the proposed rezoning. Lillian McIntosh, 452 Maple and Jack Stewart, Attorney for Keith and Janice Olson, spoke in favor of the zoning. Mr. Stewart asked that the City Commission approve the zoning application. Moved by Commissioner Ryan, seconded by Commissioner Warner that Ordinance Number 90-9390, 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, Ryan, Warner (3) . Divine, Frank (2) . Motion was not adopted. Moved by Commissioner Divine, seconded by Mayor Frank that the Commission send this recommendation back to the City Planning Commission with Action 90-237 90-238 90-239 a statement of concern of what the long range plan is and ask them to review and give the applicants an opportunity to submit their plan or whatever they would like to pursue. Greg Bengtson, City Attorney, reviewed the requirements to return the matter to the City Planning Commission for reconsideration. Moved by Commissioner Ryan, seconded by Commissioner Beggs that Zoning Application 90-10 be referred back to the City Planning Commission for reconsideration as a Planned Development District based on concerns over additional traffic and that restrictions be placed on the businesses allowed in the PDD so a buffer can be established which will be acceptable to the neighborhood. Aye: (5) . Nay: (0) . Motion adopted. (8.5) First Reading Ordinance Number 90-9391, authorizing and directing the issuance, sale and delivery of $7,865,000 principal amount of combined Water and Sewage System Revenue Bonds of the City of Salina, Kansas, $5,650,000 of such bonds, designated combined Water and Sewage System Revenue Refunding Bonds, Series 1990-A, to be used for the purpose of refunding two prior issues of combined Water and Sewage System Revenue Bonds of the City, and the remaining $2,210,000 of said bonds, designated Combined Water and Sewage System Revenue Bonds, Series 1990-B, to be used for the purpose of repairing, altering, extending, reconstructing, enlarging and improving the combined water and sewage system, prescribing the form and details of said revenue bonds, providing for the collection, segregation and application of the revenues of said system for the purposes authorized by law, including paying the cost of operation and maintenance of said utility, paying the principal of and interest on the revenue bonds of said city issued against said system and providing adequate reserve funds, making certain covenants with respect to said bonds; approving a preliminary official statement and official statement relating to said bonds authorizing escrow trust agreements and calling certain outstanding combined water and sewage system revenue bonds for redemption. Roger Edgar, Vice President of George K. Baum and Company reviewed the bond ordinance and reported the interest rate on the bonds will be 6.892%. Moved by Commissioner Divine, seconded by Commissioner Warner that Ordinance Number 90-9391, authorizing and directing the issuance, sale and delivery of $7,865,000 principal amount of combined Water and Sewage System Revenue Bonds of the City of Salina, Kansas, $5,650,000 of such bonds, designated combined Water and Sewage System Revenue Refunding Bonds, Series 1990-A, to be used for the purpose of refunding two prior issues of combined Water and Sewage System Revenue Bonds of the City, and the remaining $2,210,000 of said bonds, designated Combined Water and Sewage System Revenue Bonds, Series 1990-B, to be used for the purpose of repairing, altering, extending, reconstructing, enlarging and improving the combined water and sewage system, prescribing the form and details of said revenue bonds, providing for the collection, segregation and application of the revenues of said system for the purposes authorized by law, including paying the cost of operation and maintenance of said utility, paying the principal of and interest on the revenue bonds of said city issued against said system and providing adequate reserve funds, making certain covenants with respect to said bonds; approving a preliminary official statement and official statement relating to said bonds authorizing escrow trust agreements and calling certain outstanding combined water and sewage system revenue bonds for redemption, be adopted. Aye: Beggs, Divine, Ryan, Warner, Frank. (5). Nay: (0). Motion adopted. (8.6) Request for executive session to discuss a legal matter. Moved by Commissioner Divine, seconded by Commissioner Warner that the Board of Commissioners recess into executive session for the purpose of discussing matters deemed subject to the attorney/client privilege for the reason that public discussion at this time would adversely affect the City's position in the matter and would waive the attorney/client privilege; and to reconvene in 15 minutes or at 6:20 p.m. Aye: (5) . Nay: (0) . Motion adopted. 6:20 p.m. The Board of Commissioners recessed at 6:04 p.m. and reconvened at 90-240 Moved by Commissioner Ryan, seconded by Commissioner Divine that the Board of Commissioners recess into executive session for the purpose of Action 90-241 discussing matters deemed subject to the attorney/client privilege for the reason that public discussion at this time would adversely affect the City's position in the matter which would waive the attorney/client privilege; and to reconvene in 10 minutes or at 6:32 p.m. The Board of Commissioners recessed at 6:21 and reconvened at 6:32 The City Commission took no action. OTHER BUSINESS Mayor Frank announced that Governor Hayden would be in Salina on Tuesday, June 26th, at 11:15 a.m. at the Salina Municipal Airport, possibly to discuss funding for U.S. Highway 81. ADJOURNMENT Moved by Commissioner Ryan, seconded by Commissioner Warner that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0) . Motion adopted. The meetin ourned at 6:35 p.m. Robert E. Frank, 'yor I�/l4 a [SEAL] ATTEST: Jacque ine Shiever, City Clerk