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08-21-1989 MinutesAction 89-319 89-320 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS AUGUST 21, 1989 7:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, August 21, 1989, at 7:00 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 Ben Frick, 120 Overhill Road, read a letter from the President and Vice President of the North Salina Businessmen's Association and then presented the letter to the Mayor and Commissioners. The letter asked for permission to use city property for aesthetic purposes to fly "Welcome" flags on North Santa Fe, North Ninth Street, North Broadway and Pacific. The Commissioners asked staff to work with Mr. Frick to determine the location and other details concerning the flags. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting August 14, 1989. Moved by Commissioner Ryan, seconded by Commissioner Frank that the item on the consent agenda be approved with the correction that Dennis Kissinger, City Manager, was absent from that meeting. Aye: (5). Nay: (0). Motion adopted. DEVELOPMENT BUSINESS (7.1) Resolution Number 89-9113, establishing an application fee for Temporary Use Permits. Roy Dudark, Director of Planning and Community Development discussed the fee and purpose of the temporary use permits. Moved by Commissioner Divine, seconded by Commissioner Frank that Resolution Number 89-9113 establishing an application fee for Temporary Use Permits, be approved. Aye: (5). Nay: (0). Motion adopted. ADMINISTRATION (8.1) Second Reading Ordinance Number 89-9340, providing for the adoption and appropriation, by fund, of the budget of the City of Salina for the year beginning January 1, 1990, and appropriating money from the various funds to pay payrolls and claims against the City of Salina for the calendar year 1990. Bob Biles, Director of Finance, reviewed the budgeting process which brings the City Commission to the adoption of this ordinance. Action 89-321 89-322 — 89-323 89-324 89-325 Moved by Commissioner Frank, seconded by Commissioner Ryan that Ordinance Number 89-9340, providing for the adoption and appropriation, by fund, of the budget of the City of Salina for the year beginning January 1, 1990, and appropriating money from the various funds to pay payrolls and claims against the City of Salina for the calendar year 1990, be adopted. Aye: Beggs, Divine, Frank, Ryan, Warner (5) . Nay: (0) . Motion adopted. (8.2) First Reading Ordinance Number 89-9341, authorizing the declaration of a water emergency; establishing procedures and voluntary and mandatory conservation measures; authorizing the issuance of administrative regulations; and prescribing certain penalties. Don Hoff, Acting City Engineer, and the Commissioners discussed the ramifications of the ordinance. Moved by Commissioner Ryan, seconded by Commissioner Divine that Ordinance Number 89-9341, authorizing the declaration of a water emergency; establishing procedures and voluntary and mandatory conservation measures; authorizing the issuance of administrative regulations; and prescribing certain penalties, be introduced for first reading with an amendment to delegate authority to the City Manager to determine that a water emergency exists. Commission Divine asked that the motion include "subject to review by the City Commission at its next regular or special meeting." Commissioner Ryan concurred. Aye: (5) . Nay: (0) . Motion adopted. (8.3) Resolution Number 89-4114, requesting that the Director of Accounts and Reports waive the requirements of law relating to the preparation of financial statements and financial reports pursuant to K.S.A. 75-1120a for the year 1989. Bob Biles, Director of Finance, reviewed the request and answered questions asked by the Commissioners. Moved by Commissioner Ryan, seconded by Commissioner Divine that Resolution Number 89-4114, requesting that the Director of Accounts and Reports waive the requirements of law relating to the preparation of financial statements and financial reports pursuant to K.S.A. 75-1120a for the year 1989, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.4) Resolution Number 89-4115, appointing members to the Board of Zoning Appeals, City Planning Commission, Convention and Tourism, Disciplinary Advisory Board, Housing Authority of the City of Salina, Human Relations Commission, Parks and Recreation Advisory Board, Salina Arts and Humanities Commission, Salina Business Improvement District Design Review Board. Moved by Commissioner Frank, seconded by Commissioner Beggs that Resolution Number 89-4115, appointing members to the Board of Zoning Appeals, City Planning Commission, Convention and Tourism, Disciplinary Advisory Board, Housing Authority of the City of Salina, Human Relations Commission, Parks and Recreation Advisory Board, Salina Arts and Humanities Commission, Salina Business Improvement District #1 Design Review Board, be adopted. Aye: (5). Nay: (0) . Motion adopted. (8.5) Resolution Number 89-4116, authorizing the acquisition of right-of-way, permanent easement and temporary construction easement necessary for the Ninth Street and Crawford Avenue Intersection Project. Greg Bengtson, City Attorney, reviewed the process necessary to acquire right-of-way, permanent easement and temporary construction easement for this project. Don Hoff, Acting City Engineer, and the Commissioners discussed the Ninth Street and Crawford Avenue intersection project. Moved by Commissioner Frank, seconded by Commissioner Ryan that Resolution Number 89-4116, authorizing the acquisition of right-of-way, permanent easement and temporary construction easement necessary for the Ninth Street and Crawford Avenue Intersection Project, be adopted. Aye: (5)." Nay: (0) . Motion adopted. Commission t—on 89-326 89-327 89-328 89-329 89-330 8.6) Resolution Number 89-4117, confirming authority to conduct proceedings and to take such actions as are appropriate to collect information and otherwise comply with the requirements of the federal Cable Communications Policy Act of 1984. Dennis Kissinger, City Manager, explained that the City Commission is asked to formalize action taken a couple of months ago on the advice of legal counsel. Moved by Commissioner Divine, seconded by Commissioner Frank that Resolution Number 89-4117, confirming authority to conduct proceedings and to take such actions as are appropriate to collect information and otherwise comply with the requirements of the federal Cable Communications Policy Act of 1984, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.7) Report on bids received August 17, 1989 for Bicentennial Center scrubber 1 sweeper. [Award the contract to Tennant Company in the amount of $22,033.40] W. E. Harris, Bicentennial Center Director, reviewed the bids and recommended the bid of the Tennant Company be accepted. Moved by Commissioner Frank, seconded by Commissioner Ryan that the recommendation of the Bicentennial Center Director be accepted and that the contract be awarded to Tennant Company in the amount of $22,033.40. Aye: (5) . Nay: (0) . Motion adopted. OTHER BUSINESS Mayor Warner announced there will not be a meeting on August 28 or September 4, 1989, but that a special meeting may be called to consider specific business. Moved by Commissioner Beggs, seconded by Commissioner Frank that the City Commission recess into executive session for the purpose of discussing matters which would be deemed privileged in the attorney-client relationship for the reason that public discussion of the matter would undermine the judicial process for the purpose of discussing personnel matters of non -elected personnel for the reason that public discussion of the matter would invade the privacy rights of the individual employees to be discussed and that the City Commission reconvene in this room in 30 minutes at 8:15 p.m. Aye: (5) . Nay: (0) . Motion adopted. The Commission recessed at 7:45 p.m. and reconvened at 8:14 p.m. City Manager Kissinger and Police Chief Woody asked the City Commission for authority to contact the Attorney General and request a review` of individual cases and the policy and practices of the Salina Police Department in the use of force. Moved by Commissioner Divine, seconded by Commissioner Ryan that the City Manager be authorized to contact the Attorney General with a request to investigate the allegations of police misconduct and to make recommendations on how to operate the police force in the best way for the City of Salina. Aye: (5). Nay: (0). Motion adopted. 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 8:30 p.m. [SEAL] ATTEST: Jacqueline Shiever, City Clerk • �� �'i�iS�l-it / Sep A. Warner, Mayor