11-06-1989 MinutesAction
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
NOVEMBER 6, 1989
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, November 6, 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
Peter Miller, 810 Highland, representative of Boy Scout Troop 1,
sponsored by Christ Cathedral, explained that members of the troop are
working on their "Citizenship in the Community" badge. He explained that one
of the requirements is to write a letter to City officials expressing
concern about some issue. He presented several letters to the Mayor.
AWARDS - PROCLAMATIONS
(4.1) The Mayor proclaimed Saturday, November 11, 1989 as "VETERANS
DAY." The proclamation was read by Merlin G. Stephens, Parade Coordinator of
the Veterans of Foreign Wars.
(4.2) The Mayor presented plaques of appreciation to the following:
Ray Snyder, past member of the Board of Zoning Appeals;
Robert Cramer, past member of the Building Codes Advisory and Appeals Board;
Roy Presley, Frank Roth and Donald E. Morrison, past members of the City
Planning Commission;
Carroll Cyr and Bob Ott, past members of the Convention and Tourism
Committee;
Erick Erickson, Solomon Oliver and Harold Cooley, past members of the
Disciplinary Advisory Committee;
Esther Errebo, Wilma Dorsey and Melissa Rose Hodges, past members of the
Heritage Commission;
David Rettele, past member of the Housing Authority of the City of Salina;
Ron Elliott, Charles Kelly and John C. Mahoney, past members of the Human
Relations Commission;
John Black, past member of the Library Board;
Bev Konzem, past member of the Parks and Recreation Commission;
Tom Kennedy, past member of the Salina Airport Authority;
Action
89-405
89-406
Mary Nell Beatty, Harry Hughes, past members of the Salina Arts and
Humanities Commission;
Alan Lange, past member of the Salina Business Improvement District Number 1
Advisory Board;
Ken Bieberly, Ann Knowles, past members of the Salina Business Improvement
District Number 1 Design Review Board.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing on the vacation of a portion of Westport Boulevard in
Westport Exchange Addition.
[Requested in Petition Number 3982, filed by J. Donald Williams]
(5.1a) First Reading Ordinance Number 89-9351, providing for the vacation
of a portion of Westport Boulevard, a public street in Westport Exchange
Addition to the City of Salina, Saline County, Kansas.
Mayor Warner declared the public hearing open.
Don Hoff, acting City Engineer, reviewed the application.
There were no comments filed, written or oral, so the Mayor declared
the public hearing closed.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Ordinance Number 89-9351, providing for the vacation of a portion of Westport
Boulevard, a public street in Westport Exchange Addition, be introduced for
first reading. Aye: (5). Nay: (0). Motion adopted.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting October 23, 1989.
(6.2) Petition Number 3983 was filed by
Daniel C. King and Nancy Lee King
for the vacation
of the 10'
utility easement
between Lots 1, 9, 10, and Lot 11,
Block 4, Replat
of Schippel
Addition, Blocks
4, 5, and part of 3; and to change
the 10' utility easement
on
the east side of
Lot 1 , Block 4, Replat of Schippel
Addition, Blocks
4, 5, and
part of 3 to an 8'
utility easement from the south line
of Cloud Street
South 150'.
[Refer to the City Engineer for a recommendation]
(6.3) Petition Number 3984
was filed by Warren K. Schmidt for the
vacation
of the alley between
Brown
Welding Supply and Everett Lumber
Company
building adjacent to the
South
40' of Lot 41, all of Lots 43, 45, 47 on
Seventh
Street and Lots 40, 42,
44, 46,
48, Santa Fe Avenue, Original Townsite.
[Refer
to the City Engineer for
a recommendation]
Moved by Commissioner Frank, seconded by Commissioner Ryan that all
items on the consent agenda be approved, with the correction of Commission
Action 89-400 of the Minutes, which should read " ... the staff report be
accepted, that the mechanical and electrical bids received February 2, 1989 be
rejected for the addition to the Salina Community Theatre and the staff be
authorized to continue to work with the Community Theatre Board and their
architect on the project plans for rebidding as a 1990 construction project.
Aye: Frank, Ryan, Warner (3). Nay: Beggs (1). Motion adopted." Aye: (5).
Nay: (0) . Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission that Zoning
Application 89-14a, filed by the City Planning Commission for an amendment to
the Zoning Ordinance pertaining to accessory uses, be approved.
[Introduce Ordinance 89-9352, amending Section 42-58 of the Salina Code
pertaining to accessory uses and repealing the existing section.]
Action
89-407
89-408
89-409
89-410
Roy Dudark, Director of Planning and Community Development,
reviewed the code change.
Moved by Commissioner Ryan, seconded by Commissioner Divine that
the recommendation of the City Planning Commission be accepted, that Zoning
Application 89-14a be approved, and that Ordinance 89-9352, amending Section
42-58 of the Salina Code pertaining to accessory uses and repealing the existing
section be introduced for first reading. Aye: (5). Nay: (0). Motion adopted.
(7.2) Recommendation from the City Planning Commission that Zoning
Application 89-14b, filed by the City Planning Commission for an amendment to
the Zoning Ordinance pertaining to home occupations, be approved.
[Introduce Ordinance Number 89-9353, amending Section 42-60 of the Salina
Code pertaining to home occupations and repealing the existing section.]
Roy Dudark, Director of Planning and Community Development,
reviewed the code change.
Moved by Commissioner Divine, seconded by Commissioner Frank that
the recommendation of the City Planning Commission be accepted, that Zoning
Application 89-14b be approved and that Ordinance Number 89-9353, amending
Section 42-60 of the Salina Code pertaining to home occupations and repealing
the existing section, be introduced for first reading. Aye: (5) . Nay: (0) .
Motion adopted.
(7.3) Recommendation from the City Planning Commission that Zoning
Application 89-15, filed by the City Planning Commission for amendment of the
zoning ordinance by establishing a new C-7, Highway Commercial District, be
approved.
[introduce Ordinance Number 89-9354, amending Chapter 42 of the Salina
Code by adding Sections 42-337 to 42-343 which provide for District C-7,
Highway Commercial District.]
Roy Dudark, Director of Planning and Community Development,
reviewed the code change.
Moved by Commissioner Ryan, seconded by Commissioner Beggs that
the recommendation of the City Planning Commission be accepted, that Zoning
Application 89-15 be approved and that Ordinance Number 89-9354, amending
Chapter 42 of the Salina Code by adding Sections 42-337 to 42-343 which provide
for District C-7, Highway Commercial District, be introduced for first reading.
Aye: (5) . Nay: (0) . Motion adopted.
(7.4) Recommendation from the Heritage Commission that Heritage
Conservation Application 89-2 for landmark designation for the Fox Theatre, be
approved.
[Introduce Ordinance Number 89-9355, designating the structure located at
153 - 163 South Santa Fe Avenue for Heritage Conservation (HC) Landmark
Designation. ]
Roy Dudark, Director of Planning and Community Development,
reviewed the Heritage Conservation application.
Moved by Commissioner Divine, seconded by Commissioner Frank that
the recommendation of the Heritage Commission be accepted, that Heritage
Conservation Application 89-2 be approved and that Ordinance Number 89-9355,
designating the structure located at 153 to 163 South Santa Fe Avenue for
Heritage Conservation (HC) Landmark designation, be introduced for first
reading. Aye: (5). Nay: (0). Motion adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 89-9350, providing for the vacation
of a portion of North Fifth Street, a public street, in the West half of the
Southwest Quarter of Section 36, Township 13 South, Range 3 West.
Action
89-411
89-412
89-413
89-414
89-415
Moved by Commissioner Ryan, seconded by Commissioner Beggs that
Ordinance Number 89-9350, providing for the vacation of a portion of North Fifth
Street, a public street, in -the West half of the Southwest Quarter of Section 36,
Township 13 South, Range 3 West, be adopted. Aye: Beggs, Divine, Frank,
Ryan, Warner (5) . Nay: (0) . Motion adopted.
(8.2) First Reading Ordinance Number 89-9356, amending Section 38-83 of
the Salina Code pertaining to inoperable vehicles and repealing the existing
section.
Mike Peterson, Chief Building Official, reviewed the code change.
Moved by Commissioner Frank, seconded by Commissioner Ryan
that Ordinance Number 89-9356, amending Section 38-83 of the Salina Code
pertaining to inoperable vehicles and repealing the existing section, be
introduced for first reading. Aye: (5). Nay: (0). Motion adopted.
(8.3) First Reading Ordinance Number 89-9357, unconditionally approving the
resolution of the Salina Airport Authority to issue $3,500,000 General Obligation
Bonds of the Authority to pay the costs of certain improvements to properties
and facilities owned by the authority.
Tim Rogers, Salina Airport Authority Director, reviewed the bonding
alternatives and explained how the general obligation bonds will be issued.
Moved by Commissioner Ryan, seconded by Commissioner Divine that
Ordinance Number 89-9357, unconditionally approving the resolution of the Salina
Airport Authority to issue $3,500,000 General Obligation Bonds of the Authority
to pay the costs of certain improvements to properties and facilities owned by
the authority, be introduced for first reading. Aye: (5). Nay: (0). Motion
adopted.
(8.4) First Reading Ordinance Number 89-9358, requiring any business
required to pay the transient guest tax to file with the City Clerk a duplicate
copy of reports to be filed with the Kansas Department of Revenue and
determining the confidentiality of such duplicate reports.
Dennis Kissinger, City Manager, and Greg Bengtson, City Attorney,
reviewed the guest tax distribution process and explained that it will be a simple
method to cross check the guest tax transmitted to the State for distribution and
asked the City Commission to introduce the ordinance for first reading.
Gerald Cook, President of the Salina Area Chamber of Commerce,
expressed the support of the Chamber and encouraged the City Commission to
adopt the ordinance. He said the Motel Association has expressed its support.
Moved by Commissioner Divine, seconded by Commissioner Frank that
Ordinance Number 89-9358, requiring any business required to pay the transient
guest tax to file with the City Clerk a duplicate copy of reports to be filed with
the Kansas Department of Revenue and determining the confidentiality of such
duplicate reports, be introduced for first reading. Aye: (5). Nay: (0).
Motion adopted.
(8.5) First Reading Ordinance Number 89-9359, affirming the intent of the
City of Salina, Kansas, to construct certain storm water drains and sewers and
to finance such construction through the issuance of general obligation bonds of
said city.
Robert Biles, Director of Finance, explained that bond counsel has
requested the adoption of this ordinance to establish the authority for the
Second Street Drainage Improvement project.
Moved by Commissioner Ryan, seconded by Commissioner Beggs that
Ordinance Number 89-9359, affirming the intent of the City of Salina, Kansas, to
construct certain storm water drains and sewers and to finance such construction
through the issuance of general obligation bonds of said city, be introduced for
first reading. Aye: (5) . Nay: (0) . Motion adopted.
Action
(8.6) Resolution Number 89-4136, authorizing and directing the issuance of a
Municipal Temporary Note, Series PT -102 of the City of Salina, Kansas, in an
aggregate principal amount of $480,000 for the purpose of providing funds to
pay the construction costs of storm water drains and sewers. [Engineering
Project 89-784] .
Robert Biles, Director of Finance, reviewed the bids received and
asked the City Commission to adopt the resolution.
89-416 Moved by Commissioner Ryan, seconded by Commissioner Divine that
Resolution Number 89-4136, authorizing and directing the issuance of a Municipal
Temporary Note, Series PT -102 of the City of Salina, Kansas, in an aggregate
principal amount of $480,000 for the purpose of providing funds to pay the
construction costs of storm water drains and sewers, be adopted. Aye: (5).
Nay: (0) . Motion adopted.
(8.7) Resolution Number 89-4137, authorizing and directing the issuance of
temporary notes of the City of Salina, Kansas, in an aggregate principal amount
not exceeding $1,250,000 for the purpose of providing funds to pay the cost of
certain street and utility improvements in said City. [Master Resolution - Series
PT -1031
89-417 Moved by Commissioner Frank, seconded by Commissioner Ryan that
Resolution 89-4137, authorizing and directing the issuance of temporary notes of
the City of Salina, Kansas, in an aggregate principal amount not exceeding
$1,250,000 for the purpose of providing funds to pay the cost of certain street
and utility improvements in said City, be adopted. Aye: (5) . Nay: (0) .
Motion adopted.
(8.8) Resolution Number 89-4138, authorizing and directing the issuance of a
Municipal Temporary Note Number 1 , Series PT -103 of the City of Salina,
Kansas, in an amount of $960,000 for the purpose of providing funds to pay a
portion of the cost of certain street and utility improvements in said city.
[ Engineering Projects 89-789 and 89-7901
Robert Biles, Director of Finance, reviewed the bids received and
asked the City Commission to adopt the resolution.
89-418 Moved by Commissioner Divine, seconded by Commissioner Ryan that
Resolution Number 89-4138, authorizing and directing the issuance of a Municipal
Temporary Note Number 1, Series PT -103 of the City of Salina, Kansas, in an
amount of $960,000 for the purpose of providing funds to pay a portion of the
cost of certain street and utility improvements in said city, be adopted. Aye:
(5). Nay: (0). Motion adopted.
(8.9) Resolution Number 89-4139, authorizing the Mayor to execute and the
City Clerk to attest an agreement with Wilson 6 Company for consulting
engineering services necessary to address the bidding and construction phases
of the high service pumping station project in an amount not to exceed $82,700.
Don Hoff, Acting City Engineer, reviewed the agreement and the
project and asked the City Commission to adopt the Resolution.
89-419 Moved by Commissioner Beggs, seconded by Commissioner Ryan that
Resolution Number 89-4139, authorizing the Mayor to execute and the City Clerk
to attest an agreement with Wilson & Company for consulting engineering services
necessary to address the bidding and construction phases of the high service
pumping station project in an amount not to exceed $82,700, be adopted. Aye:
(5). Nay: (0). Motion adopted.
(8.10) Set the date of November 30, 1989 to receive bids for Engineering
Project 89-792B for Bill Burke Park Irrigation.
Steve Snyder, Director of Parks and Recreation, reviewed the project
and asked the City Commission to set the date to receive bids.
89-420 Moved by Commissioner Divine, seconded by Commissioner Frank that
November 30, 1989 be set to receive bids for Engineering Project 89-792 B for
Bill Burke Park Irrigation project. Aye: (5). Nay: (0). Motion adopted.
Action
89-421
(8.11) Request by Howard Richard Allen, of Smolan, Kansas, to address the
City Commission concerning alleged violations of handicapped accessibility
parking.
Mr. Allen, read a prepared statement, citing Kansas Statutes
concerning alleged handicapped accessibility parking in the City.
Mayor Warner thanked him for his comments.
The City Commission took no action.
OTHER BUSINESS
Commissioner Divine asked that streets be better identified on the
maps included with petitions and other items.
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 6:20 p.m.
ep Warner, Mayor
[SEAL]
ATTEST:
-�1 �. �, cru t�v
Jacqu line Shiever, City Clerk