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12-04-1989 MinutesAction 89-461 89-462 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS DECEMBER 4, 1989 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, December 4, 1989, 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 CITIZEN FORUM Mike Scriven, 217 South Tenth, read a letter from the Board of Directors of the Saline County Tax Payers Association to file a complaint against a Saline Police Officer concerning an incident involving one of their members putting leaflets under windshield wipers of cars parked on a public street. He asked the City Commission to have the provisions of Chapter 3 of the Salina Code enforced uniformly. John Woody, Police Chief, asked the City Commission to seriously consider the consequences of making any changes to the provisions of the code because of broken windshield wipers and trash in the streets. He supported the action of the officer. The Commission asked the City Manager to meet with the two groups and resolve the problem. AWARDS AND PROCLAMATIONS (4.1) Resolution Number 89-4145, expressing gratitude and appreciation to Terrance C. Headrick who served as Police Officer, Police Dispatcher and Sergeant for the Salina Police Department from February 5, 1966 to April 15, 1970 and from May 16, 1971 to November 15, 1989. Moved by Commissioner Frank, seconded by Commissioner Ryan that Resolution Number 89-4145, expressing gratitude and appreciation to Terrance C. Headrick who served as Police Officer, Police Dispatcher and Sergeant for the Salina Police Department from February 5, 1966 to April 15, 1970 and from May 16, 1971 to November 15, 1989, be adopted. Aye: (5). Nay: (0). Motion adopted. Mayor Warner presented the plaque to Sergeant Headrick and thanked him for his years of service. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting November 20, 1989. Moved by Commissioner Divine, seconded by Commissioner Frank that the Consent Agenda item be approved. Aye: (5). Nay: (0). Motion adopted. Action 89-463 89-464 89-465 89-466 None DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Resolution Number 89-4146, authorizing the Mayor to execute and the City Clerk to attest an interlocal cooperation agreement by and between Sedgwick County, Kansas, the City of Andover, Kansas, the City of Salina, Kansas and the City of Wichita, Kansas authorizing Sedgwick County, Kansas to issue its Industrial Revenue Bonds pursuant to K.S.A. 12-1740 to 12-1749a, inclusive, relating to Beech Aircraft Corporation. Winton Hinkle, Attorney for Beech Aircraft, reviewed the Indusrial Revenue Bond issue for Beech and asked the Commission to adopt the resolution. Moved by Commissioner Ryan, seconded by Commissioner Divine that Resolution Number 89-4146, authorizing the Mayor to execute and the City Clerk to attest an interlocal cooperation agreement by and between Sedgwick County, Kansas, the City of Andover, Kansas, the City of Salina, Kansas and the City of Wichita, Kansas authorizing Sedgwick County, Kansas to issue its Industrial Revenue Bonds pursuant to K.S.A. 12-1740 to 12-1749a, inclusive, relating to Beech Aircraft Corporation, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.2) Second Reading Ordinance Number 89-9362, amending Section 27-16.1 of the Salina Code regarding park regulations and identifying the hours during which certain City parks shall be closed and repealing the existing section. Dennis Kissinger, City Manager, explained that this ordinance extends the curfew in five City parks to Labor Day, 1991. Moved by Commissioner Frank, seconded by Commissioner Beggs that Ordinance Number 89-9362, amending Section 27-16.1 of the Salina Code regarding park regulations and identifying the hours during which certain City parks shall be closed; and repealing the existing section, be adopted. Aye: Beggs, Divine, Frank, Ryan, Warner (5) . Nay: (0) . Motion adopted. (8.3) First Reading Ordinance Number 89-9364, annexing certain land to the City of Salina, Kansas, in conformity with the provisions of K.S.A. 12-519 to 12-526, inclusive, and repealing Ordinance Number 88-9295. Roy Dudark, Director of Planning and Community Development, explained that this item and the one following were determined necessary to correct minor technicalities. Moved by Commissioner Divine, seconded by Commissioner Ryan that Ordinance Number 89-9364, annexing certain land to the City of Salina, Kansas, in conformity with the provisions of K.S.A. 12-519 to 12-526, inclusive, and repealing Ordinance Number 88-9295, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. (8.4) First Reading Ordinance Number 89-9365, annexing certain land to the City of Salina, Kansas, in conformity with the provisions of K.S.A. 12-519 to 12-526, inclusive, and repealing Ordinance Number 89-9315. Moved by Commissioner Divine, seconded by Commissioner Ryan that Ordinance Number 89-9365, annexing certain land to the City of Salina, Kansas, in conformity with the provisions of K.S.A. 12-519 to 12-526, inclusive, and repealing Ordinance Number 89-9315, be introduced for first reading. Aye: (5). Nay: (0) . Motion adopted. (8.5) Recommendation from City staff on the vehicle and equipment requests for 1990. Bob Biles, Director of Finance, reviewed the 1990 budget process and the vehicle and equipment requests and asked for City Commission approval of the 1990 requests. Action 89-467 89-468 89-469 89-470 89-471 89-472 Moved by Commissioner Frank, seconded by Commissioner Beggs that the recommendation from City staff on the vehicle and equipment requests for 1990 be accepted. Aye: (5) . Nay: (0) . Motion adopted. (8.6) Set the date of December 14, 1989 to receive bids for the purchase of an uninterruptible power supply for data processing. Mary Kindlesparger, Data Processing Manager, explained that this equipment is needed to protect the data processing equipment from damage during a power loss. Moved by Commissioner Frank, seconded by Commissioner Ryan that December 14, 1989 be set as the date to receive bids for the purchase of an uninterruptible power supply for data processing. Aye: (5) . Nay: (0) . Motion adopted. (8.7) Set the date of December 14, 1989 to receive bids for the demolition of 6 unsafe structures. Mike Peterson, Chief Building Official, reviewed the process for the removal of unsafe structures. Moved by Commissioner Divine, seconded by Commissioner Beggs that December 14, 1989 be set as the date to receive bids for the demolition of 6 unsafe structures. Aye: (5) . Nay: (0) . Motion adopted. (8.8) Consider a motion to repeal the City Commission directive to withhold publication of a zoning ordinances pending payment of delinquent taxes. Roy Dudark, Director of Planning and Community Development, reviewed the staff recommendation. Moved by Commissioner Beggs, seconded by Commissioner Divine that the staff recommendation be accepted and that the City Commission directive to withhold publication of a zoning ordinances pending payment of delinquent taxes be repealed. Aye: (5) . Nay: (0) . Motion adopted. (8.9) Report on bids received November 30, 1989 for Engineering Project 89-792a, retaining wall at East Crawford Recreation area. [Award the contract to Busboom and Rauh Construction, in the amount of $37,388.1 Steve Snyder, Director of Parks and Recreation, reviewed the bids and asked the City Commission to award the contract to Busboom and Rauh. Moved by Commissioner Divine, seconded by Commissioner Frank that the contract for Engineering Project 89-792a, the retaining wall at East Crawford Recreation area be awarded to Busboom and Rauh Construction in the amount of $37,388. Aye: (5). Nay: (0). Motion adopted. (8.10) Report on bids received November 30, 1989 for Engineering Project 89-792C (lighting Bill Burke and East Crawford ball fields) [Reject all bids and set December 28, 1989 as the date to receive bids] Steve Snyder, Director of Parks and Recreation, reviewed the bids received and asked the City Commission to reject all bids and set December 14, 1989 to receive bids on revised specifications. Moved by Commissioner Ryan, seconded by Commissioner Beggs that the staff recommendation be accepted, that all bids be rejected for Engineering Project 89-792c and that December 14, 1989 be set as the date to receive bids. Aye: (5). Nay: (0). Motion adopted. Action 89-473 89-474 89-475 (8.11) Resolution Number 89-4147, determining it necessary to acquire certain right-of-way, permanent easement and temporary construction easement for the use of the City of Salina, Kansas, for the purpose of constructing, installing, repairing, replacing, and maintaining street improvements, public utilities, public sidewalk, and street signage, in perpetuity, in conjunction with the Ninth Street and Crawford Avenue Intersection Improvement (Project 89-796) and authorizing and directing the City Engineer to make a survey and description of the land necessary for such purposes. Greg Bengtson, City Attorney, reviewed the condemnation process. Moved by Commissioner Divine, seconded by Commissioner Ryan that Resolution Number 89-4147, determining it necessary to acquire certain right-of-way, permanent easement and temporary construction easement for the use of the City of Salina, Kansas, for the purpose of constructing, installing, repairing, replacing, and maintaining street improvements, public utilities, public sidewalk, and street signage, in perpetuity, in conjunction with the Ninth Street and Crawford Avenue Intersection Improvement (Project 89-796) and authorizing and directing the City Engineer to make a survey and description of the land necessary for such purposes, be adopted. Aye: (5). Nay: (0). Motion adopted. (8.12) Resolution Number 89-4148, directing public notice of application for vacation of a portion of a certain North-South alley between Santa Fe Avenue and Seventh Street, from the north line of Elm Street to a point 40' north of the south line of Lot 38 on Santa Fe Avenue, Original Townsite, and 40' north of the south line of Lot 37 on Seventh Street, Original Townsite. [Set the date of December 18, 1989 for a public hearing] Don Hoff, Acting City Engineer, reviewed the petition requesting the vacation of the alley on the ease side of Brown Welding Supply. Moved by Commissioner Ryan, seconded by Commissioner Divine that Resolution Number 89-4148, directing public notice of application for vacation of a portion of a certain North-South alley between Santa Fe Avenue and Seventh Street, from the north line of Elm Street to a point 40' north of the south line of Lot 38 on Santa Fe Avenue, Original Townsite, and 40' north of the south line of Lot 37 on Seventh Street, Original Townsite, be adopted, and that December 18, 1989 be set as the date for public hearing. Aye: (5). Nay: (0). Motion adopted. (8.13) Request by the City Attorney for an Executive Session to discuss a Cable TV matter. Moved by Commissioner Frank, seconded by Commissioner Ryan that the City Commission recess into executive session for the purpose of discussing matters with the City Attorney deemed confidential in the attorney-client relationship relating to Salina Cable TV and to reconvene in this room in 15 minutes. Aye: (5) . Nay: (0) . Motion adopted. The Commissioners recessed at 5:10 p.m. and reconvened at 5:25 p.m. The City Commission took no action. OTHER BUSINESS The Mayor, with the approval of the City Commissioners, appointed the following members to an ad hoc committee concerning the cable tv franchise: Group represented Name Education -12 Jerry Brown KWU Sheila Drake KCT Larry Pankratz BMC Ken Klostermeyer Adult Learning DorisAnn Brinegar Graduate Student Josephine Hernandez Public Safety Jerry Scott Address USD 305 2111 Knollcrest KCT, 2409 Scanlan 656 South Santa Fe Little House, 9th and Ash 1017 West Cloud Salina Fire Department Action 89-476 Public Health Seniors Special Populations Church Community Social Services Elected Official Health Care Provider CPA/Attorney Arts Del Meier Jane Redman Phyllis Anderson Barry Williams Sydney Soderberg Shirley Jacques Dr. Merle Hodges Andy Heidrick Martha Rhea Saralynn Hardy Volunteer Services Nancy Klostermeyer Chamber of Commerce Gerald Cook Corporate Dick Tilgner TV Technical Ivan Gallion Ethnic Community Thanh Salveron Community -at -large: Sherry Denton Wilber Davis Karen Graves Ann Knowles Glen Rhea Jim Torrey Health Department 125 South Oakdale OCCK, 1710 West Schilling Rd. Box 585 2127 Edgehill County Clerk 850 South Santa Fe 129 South 8th Arts & Humanities Commission Salina Arts Center, 242 South Santa Fe RSVP, 236 North 7th 120 West Ash 2234 Hillside 1911 Ingman Road Indo-Chinese Center 410 West Iron 2524 Bret 317 West Jewell 23 Crestview 145 North Ohio 626 Rockview Road 1006 East Ellsworth Commissioner Divine asked the public to support the businesses on North Broadway because of the delay in completing the Broadway overpass. 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 5:26 p.m. ep A. Warner, Mayor [SEAL] ATTEST: Jacqueline Shiever, City Clerk