02-05-1990 MinutesAction
90-033
90-034
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
FEBRUARY 5, 1990
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, February 5, 1990, at 4:00
p.m.
There were present:
Mayor Joseph A. Warner, Chairman presiding
Commissioner Carol E. Beggs
Commissioner John Divine
Commissioner Robert E. Frank
Commissioner Stephen C. Ryan
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) The Mayor proclaimed the week of February 11 through 17, 1990 as
"VOCATIONAL EDUCATION WEEK." The proclamation was read by Jay Betz,
President of V.I.C.A., accompanied by two other members of the organization.
(4.2) The Mayor proclaimed the month of February 1990 as "AMERICAN
HISTORY MONTH." The proclamation was read by Karen Buhler, Co -chairperson
of American History Month, Mary Wade Strother Chapter of the Daughters of the
American Revolution.
(4.3) The Mayor proclaimed the Week of February 11 through 17, 1990 as
"BLACK HISTORY WEEK." The proclamation was be read by Commissioner
Stephen Ryan.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting January 22, 1990.
Moved by Commissioner Frank, seconded by Commissioner Ryan that
that the consent agenda item be approved. Aye: (5) . Nay: (0) .
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission that Plat
Application 89-9, filed by Dan King for final plat approval of King Addition, be
approved.
Roy Dudark, Director of Planning and Community Development,
reviewed the application.
Moved by Commissioner Ryan, seconded by Commissioner Divine that
that the recommendation from the City Planning Commission be accepted, that
Plat Application 89-9 be approved, and that the Mayor be authorized to sign the
final plat. Aye: (5). Nay: (0). Motion adopted.
Action
90-035
90-036
90-037
(7.2) Recommendation from the City Planning Commission that Conditional Use
Application 89-8, filed by Trinity Evangelical Lutheran Church, for a Conditional
Use Permit to allow a parking lot and storage building on the South 14' of Lot 6
and all of Lot 8, Tenth Street, Seitz Second Addition, replat of Blocks 1
through 3, Plat 10, City of Salina, Saline County, Kansas
(aka 715 South Tenth), be approved subject to additional landscaping of the site
to create a visual barrier and buffer from Tenth Street and retention of existing
trees within the 4' setback along the south property line and in other locations
where possible.
(7.2a) Petition Number 3987, filed by George Yarnevich representing
property owners within 200 feet of the CU 89-8 property.
Roy Dudark, Director of Planning and Community Development,
reviewed the application.
George Yarnevich, Attorney representing the property owners within
200 feet of the request property, explained that the property owners are
opposed to the conditional use permit and have filed a valid protest petition.
They feel it is not in the best interest of the neighborhood and asked the City
Commission to deny this conditional use permit.
Eugene Bachofer, 716 South Tenth; Fred Brooks, 717 South Tenth;
Bob Brooks, 724 South Tenth; Danette Tilberg, 720 South Tenth; Craig Brown,
712 South Tenth, expressed their opposition to the approval of the conditional
use permit, and because 12 of the 13 properties in the protest area have signed
the protest petition, asked the City Commission to deny the request.
Don Williams, 3061 West Pleasant Hill Road, and Harold Eagleton, 2525
Argonne Drive, members of the church board, asked the Commission to grant the
conditional use permit.
Moved by Commissioner Ryan, seconded by Commissioner Beggs that
that the recommendation from the City Planning Commission be accepted, that
Conditional Use Application 89-8 be approved subject to additional landscaping of
the site to create a visual barrier and buffer from Tenth Street and retention of
existing trees within the 4' setback along the south property line and in other
locations where possible.
Mayor Warner asked for a roll call vote on Commission Action 90-035.
Aye: Divine, Frank, Ryan, Warner (4). Nay: Beggs (1). Motion adopted.
(7.3) Resolution Number 90-4162, creating a Complete Count Committee for
the purpose of increasing community awareness of and participation in the 1990
U.S. Census and providing for its membership, appointment, term and
procedures.
(7.3a) Resolution Number 90-4163, making appointments to the Complete
Count Committee.
Dean Andrew, Assistant City Planner, reviewed the decennial census
and asked the City Commission to adopt the resolutions.
Moved by Commissioner Frank, seconded by Commissioner Ryan that
Resolution Number 90-4162, creating a Complete Count Committee for the purpose
of increasing community awareness of and participation in the 1990 U.S. Census
and providing for its membership, appointment, term and procedures, be
adopted. Aye: (5) . Nay: (0) . Motion adopted.
Moved by Commissioner Divine, seconded by Commissioner Frank that
Resolution Number 90-4163, making appointments to the Complete Count
Committee, be adopted. Aye: (5). Nay: (0). Motion adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 90-9370, providing for the vacation
of the West 15' of street right-of-way, adjacent to Lots 94, 96, 98, 100, 102,
104, 106 and 108 on Third Street, Original Townsite of Salina, Saline County,
Kansas. [Requested by Salina Community Theatre]
Kuhn -Cox
Action
90-038
90-039
90-040
90-041
90-042
Moved by Commissioner Ryan, seconded by Commissioner Beggs that
Ordinance Number 90-9370, providing for the vacation of the West 15' of street
right-of-way, adjacent to Lots 94, 96, 98, 100, 102, 104, 106 and 108 on Third
Street, Original Townsite of Salina, Saline County, Kansas, be adopted. Aye:
Beggs, Divine, Frank, Ryan, Warner (5). Nay: (0). Motion adopted.
(8.2) Resolution Number 90-4164, authorizing the Mayor to execute and the
City Clerk to attest a license agreement between the City of Salina and the
Union Pacific Railroad Company, a Utah Corporation, for the improvement of a
Broadway Boulevard crossing in the City of Salina, Saline County, Kansas.
Don Hoff, City Engineer and Director of Utilities, reviewed the timing
of the crossing improvements and asked the City Commission to adopt the
resolution.
Moved by Commissioner Ryan, seconded by Commissioner Beggs that
Resolution Number 90-4164, authorizing the Mayor to execute and the City Clerk
to attest a license agreement between the City of Salina and the Union Pacific
Railroad Company, a Utah Corporation, for the improvement of a Broadway
Boulevard crossing in the City of Salina, Saline County, Kansas, be adopted.
Aye: (5) . Nay: (0) . Motion adopted.
(8.3) Resolution Number 90-4165, amending Section IV -3 of the personnel
manual regarding holiday pay and repealing the existing section.
Bob Biles, Director of Finance, reviewed the history of this
amendment.
Dennis Kissinger, City Manager, discussed the ramifications of the
amendment.
Moved by Commissioner Ryan, seconded by Commissioner Beggs that
Resolution Number 90-4165, amending Section IV -3 of the personnel manual
regarding holiday pay and repealing the existing section, be adopted. Aye:
(5). Nay: (0). Motion adopted.
(8.4) Resolution Number 90-4166, authorizing the Mayor and City Clerk to
execute such documents as may be necessary to establish and implement a
flexible benefits plan pursuant to Internal Revenue Code Section 125.
Bob Biles, Director of Finance, reviewed IRS Section 125.
Moved by Commissioner Divine, seconded by Commissioner Frank that
Resolution Number 90-4166, authorizing the Mayor and City Clerk to execute
such documents as may be necessary to establish and implement a flexible
benefits plan pursuant to Internal Revenue Code Section 125, be adopted. Aye:
(5). Nay: (0). Motion adopted.
(8.5)
Report on
bids received
January 23, 1990 for
Offset Well 13,
Engineering
Project
89-795. [ Reject
all bids and set the
date of Tuesday,
February
13, 1990 to
receive bids]
Don Hoff,
City Engineer and
Director of Utilities,
reviewed the bids
received
January 23,
1990 and asked
the City Commission to
reject all bids as
they exceed
the Engineer's Estimate
and to set February 13, 1990 to receive
bids.
Moved by Commissioner Divine, seconded by Commissioner Ryan that
the bids received January 23, 1990 be rejected and that Tuesday, February 13,
1990 be set as the date to receive bids for Engineering Project 89-795. Aye:
(5). Nay: (0). Motion adopted.
(8.6) Report on bids received January 16, 1990 for police cars.
John Woody, Police Chief, reviewed the recommendation to award the
contract for police cars to Long -McArthur, Inc., the next lowest bidder, in the
amount of $109,649.00 with trade, because these cars come equipped with
airbags.
Kinn -C..
Action
90-043
90-044
90-045
90-046
90-047
90-048
Jim Harmon, Fleet Manager of J -J Chevrolet, said the cars he bid meet
or exceed the specifications as published and that if the Commission wants
airbags he should be given a chance to provide the vehicles.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
the contract for police cars be awarded to Long -McArthur, Inc. in the amount of
$109,649.00. Aye (5). Nay (0). Motion adopted.
(8.7) City Manager report and recommendation concerning the Police
Department.
Dennis Kissinger, City Manager, gave an oral report to the City
Commissioners concerning the selection of a police chief, police department
accreditation and review of current police policies and procedures.
The Commissioners took no action.
(8.8) Request by Ken Jennison, Co-chairman of the Committee to Find a
Place for the Music Concert, to use the Salina Bicentennial Center Arena to
celebrate the Centennial of Dwight D. Eisenhower, on October 7th in the
afternoon for the music concert.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
the City become a co-sponsor of the Dwight D. Eisenhower Centennial Music
concert and that the use of the Salina Bicentennial Center Arena on October 7th
be approved. Aye: (5). Nay: (0). Motion adopted.
(8.9) Consideration of a request from the Saline County Fair Board for a
$10,000 contribution.
Ken Wasserman, President of the Saline County Fair Association, asked
the City Commission for a $10,000 contribution to support the Tri -Rivers Fair.
Moved by Commissioner Frank, seconded by Commissioner Ryan that
the City Commission defer action and advise the Fair Board to make a 1991
budget request in June 1990, when other groups normally make city budget
requests. Aye: (5) . Nay: (0) . Motion adopted.
(8.10) Authorize the City Clerk to issue certain 1990 Surety on Bail Bonds
Licenses.
Moved by Commissioner Beggs, seconded by Commissioner Ryan that
City Clerk be authorized to issue certain 1990 Surety on Bail Bonds Licenses.
Aye: (5) . Nay: (0) . Motion adopted.
(8.11) Authorize the City Clerk to issue certain 1990 Taxi Cab Licenses.
Moved by Commissioner Divine, seconded by Commissioner Frank that
the City Clerk be authorized to issue certain 1990 Taxi Cab Licenses. Aye:
(5) . Nay: (0) . Motion adopted.
(8.12) Authorization to include 1989 incomplete projects in the 1990 budget.
Bob Biles, Director of Finance, reported on the incomplete 1989
projects and asked that they be included in the 1990 budget.
Moved by Commissioner Frank, seconded by Commissioner Beggs that
1989 incomplete projects be authorized in the 1990 budget. Aye: (5) . Nay:
(0) . Motion adopted.
(8.13) First Reading Ordinance Number 90-9371, amending Sections 7-1, 7-4,
7-16, 7-31, 7-46, 7-47, 7-50, 7-58, 7-78, 7-99, 7-136, 7-138, 7-139 of the Salina
Code pertaining to animals and repealing the existing sections.
Dennis Kissinger, City Manager, reviewed the amendments to the
existing animal ordinance.
Action
90-049
90-050
90-051
90-052
90-053
90-054
90-055
Gayle Rose, Director of the Saline County Humane Association, read a
prepared statement supporting the proposed changes.
Dr. Charles Olson, Veterinarian, asked that Section 7-99 be amended
to include computer reports because the majority of the veterinarians have
computerized records.
Commissioner Divine asked about the language "person of reasonable
sensibilities" in Section 7-50 which is a concern of George Toland.
Commissioner Frank asked that decibel levels of animal noise be
discussed next week when the ordinance is considered for second reading.
Moved by Commissioner Frank, seconded by Commissioner Beggs that
Ordinance Number 90-9371, amending Sections 7-1, 7-4, 7-16, 7-31, 7-46, 7-47,
7-50, 7-58, 7-78, 7-99, 7-136, 7-138, 7-139 of the Salina Code pertaining to
animals and repealing the existing sections, be introduced for first reading.
Aye: (5). Nay: (0). Motion adopted.
(8.14) Request by Paul Wakefield to discuss the present prohibition of steel
spring traps in the City.
Paul Wakefield, Hutchinson, Kansas, an operator of a commercial
residential mole and gopher service, said he is investigating the possibility of
expanding his operation to Salina and asked that the Salina Code be amended to
exclude mole and gopher traps.
Gayle Rose, Saline County Humane Association, asked for
substantiation that there is a problem before the additional traps are approved.
Moved by Commissioner Divine, seconded by Commissioner Frank that
the request by Paul Wakefield to use steel spring traps in the City be
considered with the other amendments to the animal ordinance at its second
reading on February 12, 1990. Aye: (5). Nay: (0). Motion adopted.
OTHER BUSINESS
Moved by Commissioner Ryan, seconded by Commissioner Beggs that
Resolution Numbers 90-4167 and 90-4168 be added to the agenda for
consideration. Aye: (5). Nay: (0). Motion adopted.
Moved by Commissioner Ryan, seconded by Commissioner Beggs that
Resolution Number 90-4167, directing public notice of application for vacation of
the ten foot utility easement on the south side of Lots 1, 9 and 10, and the ten
foot utility easement on the north side of Lot 11, all in Block 4, Replat of
Schippel Addition, Blocks 4, 5, and part of 3, and change the ten foot utility
easement on the east side of Lot 1, Block 4, Replat of Schippel Addition to an
eight foot utility easement from the south line of Cloud Street to a point 150 feet
south, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
Moved by Commissioner Ryan, seconded by Commissioner Beggs that
Resolution Number 90-4168, directing public notice of application for vacation of
a portion of Eastborough Road from the south line of its intersection with Seitz
Drive to a point 275 feet south, be adopted. Aye: (5). Nay: (0). Motion
adopted.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
consideration of a contract with the Buske Group of Sacramento be added to the
agenda for consideration. Aye: (5). Nay: (0). Motion adopted.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
the City Manager be authorized to contract with the Buske Group of Sacremento
and the Columbia Telecommunications Group of Washington D.C. engineering
service specializing in supporting local government clients to evaluate the
technical design, construction and performance of the cable TV system and
service in Salina, at a cost of not to exceed $7,000 plus expenses. Aye: (5).
Nay: (0) . Motion adopted.
Action
90-056
ADJOURNMENT
Moved by Commissioner Ryan, seconded by Commissioner Frank that
the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5).
Nay: (0). Motion adopted. The meeting adjourned at 7:13 p.m.
[SEAL]
ATTEST:
4-V &Aw
Jacquiline Shiever, City Clerk
o p Warner, Mayor