01-08-1990 MinutesAction
90-001
90-002
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JANUARY 8, 1990
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, January 8, 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) Resolution Number 90-4153, expressing gratitude and appreciation to
Doris M. Boyd for serving as Metermaid for the Salina Police Department from
December 22, 1958 to April 1, 1960, Traffic Clerk for the City Court and Police
Court from November 16, 1960 to September 15, 1962 and Municipal Court Clerk
from August 18, 1964 to December 31, 1989.
Moved by Commissioner Ryan, seconded by Commissioner Divine
that
Resolution Number
90-4153,
expressing
gratitude
and appreciation
to
Doris M. Boyd for serving
as
Metermaid for the Salina Police Department
from
December 22, 1958 to
April 1,
1960, Traffic
Clerk for the
City Court and Police
Court from November
16, 1960
to September
15, 1962 and
Municipal Court Clerk
from August 18, 1964
to December
31, 1989,
be adopted.
Aye: (5). Nay:
(0).
Motion adopted.
(4.2) Resolution Number 90-4154, expressing gratitude and appreciation to
Paul A. Jepsen for serving as Water Meter Reader for the Salina Water and
Sewerage Department from May 2, 1966 to December 31, 1989.
Moved by Commissioner Frank, seconded by Commissioner Beggs that
Resolution Number 90-4154, expressing gratitude and appreciation to Paul A.
Jepsen for serving as Water Meter Reader for the Salina Water and Sewerage
Department from May 2, 1966 to December 31, 1989, be adopted. Aye: (5) .
Nay: (0). Motion adopted.
Mayor Warner presented the plaques to Doris Boyd and Paul Jepsen
and thanked them for their faithful years of service.
(4.3) The Mayor proclaimed Monday, January 15, 1990 as "DR. MARTIN
LUTHER KING, JR. COMMEMORATION DAY." The proclamation was read by
Rev. Jay Phelan, Pastor of the First Covenant Church.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
Action
90-003
90-004
90-005
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting December 18, 1989.
Moved by Commissioner Frank, seconded by Commissioner Ryan that
the Consent Agenda item be approved. Aye: (5) . Nay: (0) . Motion adopted.
None
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Second Reading Ordinance Number 90-9367, providing for the vacation
of a portion of a certain North-South alley between Santa Fe Avenue and
Seventh Street in the Original Townsite of Salina, Saline County, Kansas.
Don Hoff, Acting City Engineer, reviewed the application.
George Toland, 908 Highland, said that at the most recent
"neighborhood forum" he asked that persons who request vacations be held
accountable for weeds and trash in the vacated areas, and did not feel he got a
sufficient answer.
Dennis Kissinger, City Manager, said the Environmental Protection
Officer will enforce all ordinances concerning weeds, trash or nuisances.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
Ordinance Number 90-9367, providing for the vacation of a portion of a certain
North-South alley between Santa Fe Avenue and Seventh Street in the Original
Townsite of Salina, Saline County, Kansas, be adopted. Aye: Beggs, Divine,
Frank, Ryan, Warner (5) . Nay: (0) . Motion adopted.
(8.2) Second Reading Ordinance Number 90-9368, levying the annual
Business Improvement District service fees for 1990 applicable to all businesses
located within the Salina Business Improvement District Number 1, and repealing
Ordinance Number 88-9284.
Greg Bengtson, City Attorney, reviewed the Business Improvement
District Act and the ongoing status of a business improvement district. He said
Kansas law provides that, within a 45 day period of the adoption of the
ordinance levying the next year's assessment, there is a provision for a protest
petition. If a majority of the businesses in the BID sign the petition and
address it to the City Commission, after verification, such action precludes the
assessment of those charges and compels the governing body to terminate the
Business Improvement District.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Ordinance Number 90-9368, levying the annual Business Improvement District
service fees for 1990 applicable to all businesses located within the Salina
Business Improvement District Number 1, and repealing Ordinance Number
88-9284, be adopted.
Gary Stansberry, owner of Salina Blueprint and Micrographics, Inc.;
Charles Wilson, owner of Wilson Jewelers at Santa Fe and Iron; Robert Guerra,
Mid America Awards; Calvin Stansberry, Salina Microfilm Company, 210 - 212
South Fifth, spoke in opposition to the Business Improvement District
Assessment.
Jim Graves, 23 Crestview, member and past chairman of the BID
Advisory Board, and Larry Dunlap, 2120 Hillside Drive, current chairman of the
BID Advisory Board, spoke in favor of retaining the BID assessment.
The Mayor called for a vote on Commission Action Number 90-005.
Aye: Beggs, Divine, Frank, Ryan, Warner (5) . Nay: (0) . Motion adopted.
Action
90-006
90-007
90-008
90-009
90-010
(8.3) Petition Number 3985, filed by Ronald Williams for the vacation of a
portion of Eastborough Drive, adjacent to the east side of Lot 1, Block 9,
Country Club Heights Addition #3. [ Refer to the City Engineer for a
recommendation]
Don Hoff, Acting City Engineer, discussed the request and asked the
City Commission to refer the petition to the City Engineer.
Moved by Commissioner Frank, seconded by Commissioner Ryan that
Petition Number 3985 be referred to the City Engineer for a recommendation.
Aye: (5). Nay: (0). Motion adopted.
(8.4) Report on bids received December 14, 1989 for Uninterruptible Power
Supply for Data Processing. [Award the contract to Power Supply System in the
amount of $12,722 and include the optional complete start-up / checkout service
for $600.]
Mary Kindlesparger, Data Processing Manager, reviewed the bids and
asked the City Commission to accept the low bid and to include an additional
$600 start-up fee and freight not to exceed $600.
Moved by Commissioner Divine, seconded by Commissioner Ryan that
the staff recommendation be accepted, that the bid of Ash Battery Power Supply
System, in the amount of $12,722 be accepted and that the option of complete
start-up and checkout service for $600 be accepted and freight not to exceed
$600 be approved. Aye: (5) . Nay: (0) . Motion adopted.
(8.5) Recommendation from the Parks and Recreation Advisory Board that
the proposed list of 1990 Capital Improvement Projects be approved.
Steve Snyder, Director of Parks and Recreation, reviewed the 1990
Capital Improvement Projects and asked the City Commission to approve the list
of proposed improvement projects.
Moved by Commissioner Frank, seconded by Commissioner Beggs that
staff recommendation be accepted and that the list of 1990 Capital Improvement
Projects be approved. Aye: (5) . Nay: (0) . Motion adopted.
(8.6) City Engineer filed plans and specifications for Engineering Project
89-795 for a well house at Second and Mulberry Streets. [Set the date of
Tuesday, January 23, 1990 to receive bids]
Don Hoff, Acting City Engineer, reviewed the well house project and
asked the City Commission to set Tuesday, January 23, 1990 to receive bids.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
the plans and specifications be accepted as filed and that Tuesday, January 23,
1990 be set as the date to receive bids for Engineering Project 89-795. Aye:
(5). Nay: (0). Motion adopted.
(8.7) Petition Number 3986, filed by J. Stan Sexton, President of Salina
Community Theatre, Inc., for the vacation of 15' of street right-of-way (West
side) in the 100 Block of North Third Street. [Refer to the City Engineer for a
recommendation. ]
Don Hoff, Acting City Engineer, reviewed the Salina Community
Theatre request.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
Petition Number 3986 be referred to the City Engineer for a recommendation.
Aye: (5) . Nay: (0) . Motion adopted.
Action
90-011
90-012
90-013
90-014
(8.8) Resolution Number 90-4155, directing public notice of application for
vacation of the West 15 feet of street right-of-way of North Third Street from
the North line of Iron Avenue to the south river bank of the Smoky Hill River.
[Resolution sets the date of Monday, January 22, 1990 for public hearing]
Moved by Commissioner Ryan, seconded by Commissioner Beggs that
Resolution Number 90-4155, directing public notice of application for vacation of
the West 15 feet of street right-of-way of North Third Street from the North line
of Iron Avenue to the south river bank of the Smoky Hill River, be adopted and
that Monday, January 22, 1990 be set for public hearing. Aye: (5). Nay: (0).
Motion adopted.
(8.9) Resolution Number 90-4156, authorizing the City of Salina, Kansas, to
accept and consent to the assignment by Salina Presbyterian Manor, Inc.,
Tenant pursuant to a certain lease agreement dated as of June 1, 1978, as
supplemented by a supplemental lease dated as of April 1, 1987 of its interest in
said lease by virtue of a merger of Salina Presbyterian Manor, Inc., a Kansas
Non-profit corporation into Presbyterian Manors, Inc. a Kansas Non-profit
corporation pursuant to which the corporate existence of Salina Presbyterian
Manor, Inc., will terminate and Presbyterian Manors, Inc. will succeed to all
liability and rights of Salina Presbyterian Manor, Inc.
Greg Bengtson, City Attorney, reviewed the Presbyterian Manor IRB
issues and asked the City Commission to adopt this resolution.
Moved by Commissioner Divine, seconded by Commissioner Ryan that
Resolution Number 90-4156, authorizing the City of Salina, Kansas, to accept and
consent to the assignment by Salina Presbyterian Manor, Inc., Tenant pursuant
to a certain lease agreement dated as of June 1, 1978, as supplemented by a
supplemental lease dated as of April 1, 1987 of its interest in said lease by
virtue of a merger of Salina Presbyterian Manor, Inc., a Kansas Non-profit
corporation into Presbyterian Manors, Inc. a Kansas Non-profit corporation
pursuant to which the corporate existence of Salina Presbyterian Manor, Inc.,
will terminate and Presbyterian Manors, Inc. will succeed to all liability and
rights of Salina Presbyterian Manor, Inc., be adopted. Aye: (5). Nay: (0).
Motion adopted.
(8.10) Proposed settlement agreement between City of Salina and U.S.
Environmental Protection Agency.
Dennis Kissinger, City Manager, reviewed the details of the E.P.A.
infraction and asked for City Commission authorization to pay $25,000 in
settlement of the alleged Clear Water Act Violation.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
the City Commission authorize the payment of $25,000 in settlement of the alleged
Clear Water Act violation and that the City Manager and City Attorney be
authorized to execute a consent order in a form approved by the City Attorney.
Aye: (5) . Nay: (0) . Motion adopted.
(8.11) Resolution Number 90-4157, electing to bring the City of Salina under
the provisions of Public Employer - Employee Relations Act.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Resolution Number 90-4157, electing to bring the City of Salina under the
provisions of Public Employer - Employee Relations Act, be adopted.
Charles Dodson, Executive Director of Kansas Association of Public
Employees; Fortunato Bonilla, 811 Comanche; Jack Burbach, 917 Plaza Drive; Les
Dearing, 2160 Roach, spoke in favor of the City Commission electing to bring the
City of Salina under the provisions of the Public Employer - Employee Relations
Act.
After comments by each Commissioner, Mayor Warner called for a roll
call vote on Commission Action Number 90-014. Aye: (0). Nay: Beggs, Divine,
Frank, Ryan, Warner (5) . Motion defeated.
The Commissioners asked the City Manager to come back to the Board
of Commissioners with a report on some novel approaches to get better
participation by employees.
Action
90-015
90-016
90-017
90-018
Greg Bengtson, City Attorney, asked that the City Commission add a
resolution to be numbered 90-4158 to the agenda for consideration today.
Moved by Commissioner Frank, seconded by Commissioner Ryan that
Resolution Number 90-4158 be placed on the agenda for consideration. Aye: (5).
Nay: (0). Motion adopted.
Greg Bengtson, City Attorney, explained that this resolution was a
"housekeeping" item.
Moved by Commissioner Frank, seconded by Commissioner Ryan that
Resolution Number 90-4158, electing to have the provisions of Treas. Reg.
Sections 1.148-1T through 1.148-8T apply to the Bonds rather than the
provisions of Section 1.103-15AT in relation to Industrial Revenue Bonds, Series
1985 (College Park Village Retirement Center Nursing and Community Center
Project), be adopted. Aye: (5). Nay: (0). Motion adopted.
(8.12) Request for Executive Session to discuss personnel and legal matters.
(No action anticipated) .
Moved by Commissioner Frank, seconded by Commissioner Beggs that
the City Commission recess into executive session to discuss matters both subject
to the attorney-client privilege and involving non -elected personnel, which, if
discussed in open session, would invade the privacy rights of such non -elected
personnel and would potentially waive the attorney-client privilege and that the
Commission reconvene in this room in 20 minutes, which would be 6:35 p.m.
Aye: (5). Nay: (0). Motion adopted.
p.m.
The City Commission recessed at 6:15 p.m. and reconvened at 6:41
OTHER BUSINESS
Mayor Warner announced that the City Commission will not meet in
Regular Session next Monday as it is Dr. Martin Luther King, Jr. Birthday.
Mayor Warner announced that the City Commission will not hold its
regularly scheduled Neighborhood Open Forum because of the holiday.
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 adjourned at 6:41 p.m.
o ph Warner, Mayor
[SEAL]
ATTEST:
Jacqu line Shiever, City Clerk