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09-11-1989 MinutesAction 89-334 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS SEPTEMBER 11, 1989 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, September 11, 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 None CITIZEN FORUM PROCLAMATIONS AND AWARDS (4.1) The Mayor proclaimed the Week of September 17 through 23, 1989 as "CONSTITUTION WEEK." The proclamation was read by Mrs. Marjorie Boster, Constitution Week Chairman for the Mary Wade Strother Chapter of the Daughters of the American Revolution. PUBLIC HEARINGS AND ITEM SCHEDULED FOR A CERTAIN TIME Greg Bengtson, City Attorney, said the public hearing scheduled for this time has been postponed at the request of the IRB applicant. The public hearing will be rescheduled and readvertised when the applicant is ready. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting August 21, 1989. (6.2) Approve the Minutes of the Special Meeting September 1, 1989. (6.3) Petition Number 3981 was filed by Marie Hahn Wauhob for the vacation of North Fifth Street from Mulberry Creek bridge north to 1-70. [ Refer to the City Engineer for a recommendation] (6.4) Petition Number 3982 was filed by J. Donald Williams for the vacation of a portion of Westport Boulevard in Westport Exchange Addition. (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. Aye: (5) . Nay (0) . Motion adopted. None DEVELOPMENT BUSINESS Action — 89-335 89-336 89-337 ADMINISTRATION (8.1) Second Reading Ordinance Number 89-9341, amending Article 11 of Chapter 41 of the Salina Code by adding Division 3, authorizing the declaration of a water emergency; establishing procedures and voluntary and mandatory conservation measures; authorizing the issuance of administrative regulations; prescribing certain penalties; and repealing Section 41-58 of the Salina Code. The staff and Commissioners discussed the ramifications of the ordinance. Moved by Commissioner Ryan, seconded by Commissioner Beggs that Ordinance Number 89-9341, amending Article 11 of Chapter 41 of the Salina Code by adding Division 3, authorizing the declaration of a water emergency; establishing procedures and voluntary and mandatory conservation measures; authorizing the issuance of administrative regulations; prescribing certain penalties; and repealing Section 41-58 of the Salina Code, be adopted. Aye: Beggs, Divine, Frank, Ryan, Warner (5) . Nay: (0) . Motion adopted. (8.2) Resolution Number 89-4118, directing public notice of application for vacation of a portion of a public alley adjacent to Lots 5 and 6, Hanley's Addition to the City of Salina, Saline County, Kansas. [City Engineer reports on Petition Number 3971 filed by Vincent and Patricia Klenda for the vacation of an alley adjacent to the east side of Lots 5 and 6, Hanley's Addition. Set September 25, 1989 for public hearing] Don Hoff, Acting City Engineer reported on the petition for the vacation of a portion of an alley adjacent to Lots 5 and 6, Hanley's Addition and recommended that the vacation be approved subject to the tracts being retained as a utility easement. Moved by Commissioner Divine, seconded by Commissioner Frank that Resolution Number 89-4118, directing public notice of application for vacation of a portion of a public alley adjacent to Lots 5 and 6, Hanley's Addition to the City of Salina, Saline County, Kansas, be adopted, and that September 25, 1989 be set as the date for public hearing. Aye: (5). Nay: (0). Motion adopted. (8.3) Resolution Number 89-4119, directing public notice of application for vacation of a portion of a public street in the City of Salina, Saline County, Kansas. [City Engineer reports on Petition Number 3980 filed by Jarold V. Pickering for the vacation of the South 6' of Woodland Avenue adjacent to Lots 1 and 2, Block 10, Pacific Addition. Set September 25, 1989 for public hearing] Don Hoff, Acting City Engineer, reviewed the petition for vacation of a portion of public street and recommended the vacation be approved. Moved by Commissioner Ryan, seconded by Commissioner Frank that Resolution Number 89-4119, directing public notice of application for vacation of a portion of a public street in the City of Salina, Saline County, Kansas, be adopted, and that September 25, 1989 be set as the date for public hearing. Aye: (5). Nay: (0). Motion adopted. (8.4) Request by Paul Dickhoff, Jr., Director of Negotiations of Kansas Association of Public Employees, to make a presentation to the City Commission. Paul Dickhoff, Jr., Director of Negotiations of Kansas Association of Public Employees, made his presentation and asked the City Commissioners to adopt the provisions of the Kansas Public Employer Employee Relations Act. Mayor Warner explained that the matter is presently under consideration, that a staff report will be ready the early part of October, and that the City Commission will make a decision by the end of the year. The City Commission took no formal action. Action 89-338 89-339 89-340 89-341 (8.5) Resolution Number 89-4120, authorizing the Mayor to execute and the City Clerk to attest an agreement between the City of Salina and Kennedy and Coe, Certified Public Accountants, for an audit of city records for the year ending December 31, 1989, for a cost not to exceed $25,000. Bob Biles, Director of Finance, reviewed the audit proposal and recommended that the agreement be approved. (8.6) Resolution Number 89-4121, 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 the Ohio Street crossing. Don Hoff, Acting City Engineer, explained that this is one of the steps in the process to improve the railroad crossings on North Ohio with rubberized crossings and recommended the adoption of the resolution. Moved by Commissioner Frank, seconded by Commissioner Ryan that Resolution Number 89-4121, 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 the Ohio Street crossing, be adopted. Ben Frick, 120 Overhill Road, expressed his approval of the railroad crossing improvement and his concern about Ohio Street being closed during construction. He asked that two lanes of Ohio Street be left open during construction. Vicki Coytz, 3976 State Street Road, Co -manager of "Magic," expressed her approval of the railroad crossing improvements but asked that two lanes of Ohio Street be left open during construction. The staff and City Commissioners discussed the project andassured the public everything will be done to reduce the inconvenience. Mayor Warner called for a vote on Commission Action Number 89-339. Aye: (5) . Nay: (0) . Motion adopted. (8.7) Resolution Number 89-4122, authorizing the Mayor to execute and the City Clerk to attest a license agreement between the City of Salina and the Missouri Pacific Railroad Company, a Delaware corporation, for the improvement of the Ohio Street crossing. Moved by Commissioner Ryan, seconded by Commissioner Beggs that Resolution Number 89-4122, authorizing the Mayor to execute and the City Clerk to attest a license agreement between the City of Salina and the Missouri Pacific Railroad Company, a Delaware corporation, for the improvement of the Ohio Street crossing, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.8) Resolution Number 89-4123, appointing a member to the City Planning Commission. Moved by Commissioner Frank, seconded by Commissioner Ryan that Resolution Number 89-4123, appointing a member to the City Planning Commission, be adopted. Aye: (5) . Nay: (0) . Motion adopted. Moved by Commissioner Ryan, seconded by Commissioner Beggs that Resolution Number 89-4120, authorizing the Mayor to execute and the City Clerk to attest an agreement between the City of Salina and Kennedy and Coe, Certified Public Accountants, for an audit of city records for the year ending December 31, 1989, for a cost not to exceed $25,000, be adopted. Aye: (5). Nay: (0) . Motion adopted. (8.6) Resolution Number 89-4121, 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 the Ohio Street crossing. Don Hoff, Acting City Engineer, explained that this is one of the steps in the process to improve the railroad crossings on North Ohio with rubberized crossings and recommended the adoption of the resolution. Moved by Commissioner Frank, seconded by Commissioner Ryan that Resolution Number 89-4121, 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 the Ohio Street crossing, be adopted. Ben Frick, 120 Overhill Road, expressed his approval of the railroad crossing improvement and his concern about Ohio Street being closed during construction. He asked that two lanes of Ohio Street be left open during construction. Vicki Coytz, 3976 State Street Road, Co -manager of "Magic," expressed her approval of the railroad crossing improvements but asked that two lanes of Ohio Street be left open during construction. The staff and City Commissioners discussed the project andassured the public everything will be done to reduce the inconvenience. Mayor Warner called for a vote on Commission Action Number 89-339. Aye: (5) . Nay: (0) . Motion adopted. (8.7) Resolution Number 89-4122, authorizing the Mayor to execute and the City Clerk to attest a license agreement between the City of Salina and the Missouri Pacific Railroad Company, a Delaware corporation, for the improvement of the Ohio Street crossing. Moved by Commissioner Ryan, seconded by Commissioner Beggs that Resolution Number 89-4122, authorizing the Mayor to execute and the City Clerk to attest a license agreement between the City of Salina and the Missouri Pacific Railroad Company, a Delaware corporation, for the improvement of the Ohio Street crossing, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.8) Resolution Number 89-4123, appointing a member to the City Planning Commission. Moved by Commissioner Frank, seconded by Commissioner Ryan that Resolution Number 89-4123, appointing a member to the City Planning Commission, be adopted. Aye: (5) . Nay: (0) . Motion adopted. Action '- 89-342 OTHER BUSINESS Mayor Warner commended all city and SAA personnel involved in the U.S. Air Flight 105 emergency on Friday evening. Mayor Warner reminded the public about the Santa Fe Day event to be held on Saturday, September 16, 1989. 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 5:05 p.m. [SEAL] ATTEST : J° j%� - 1 1n i cn, c. Jacqueline Shiever, City Clerk eph . Warner, Mayor