08-07-1989 MinutesAction
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
AUGUST 7, 1989
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, August 7, 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
comprising a quorum of the Board, also present:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Jacqueline Shiever, City Clerk
Absent:
Commissioner Stephen C. Ryan
CITIZEN FORUM
George Toland, 908 Highland, presented his views on effective
communications between the City and its citizens.
AWARDS - PROCLAMATIONS
None
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing on 1989 sidewalk improvements
[ Engineering Project 89-7911
(5.1a) Resolution Number 89-4105, determining the necessity of certain
sidewalk improvements.
Mayor Warner declared the public hearing open.
Darrell Sutton, 1100 Greeley, said he would rather have a curb
sidewalk than a property line sidewalk because a large tree to the south of his
property would have to be removed.
Kelly Bashford, 1103 Indian Rock Lane, said he owns the big tree and
would like to have the tree saved, if possible, and asked for a curb sidewalk.
Commissioner Frank suggested staff work with the Forestry Department
to save the tree.
Mayor Warner declared the public hearing closed.
Moved by Commissioner Frank, seconded by Commissioner Divine that
Resolution Number 89-4105, determining the advisability of sidewalk
improvements, estimating the cost thereof, defining the boundaries of the
improvement district, method of assessment, and apportioning the cost between
the improvement district and the City -at -large, be adopted. Aye: (4). Nay:
(0) . Motion adopted.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting July 24, 1989
Moved by Commissioner Frank, seconded by Commissioner Beggs that
the Consent Agenda item be approved with the correction of the spelling of Dale
Heuszel, from Kennedy and Coe. Aye: (4) . Nay: (0) . Motion adopted.
Action
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DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission that Zoning
Application 89-7, filed by the City Planning Commission, to amend Section 42-59
of the Salina Code pertaining to Temporary Uses, be approved.
[Introduce Ordinance Number 89-9331 for first reading]
Roy Dudark, Director of Planning and Community Development,
reviewed the application and recommendation.
The Commissioners and staff discussed the ramifications of the
ordinance.
Moved by Commissioner Divine, seconded by Commissioner Frank that
the recommendation of the City Planning Commission be accepted, that Zoning
Application 89-7 be approved and that Ordinance Number 89-9331, amending
Section 42-59 of the Salina Code pertaining to the temporary or seasonal uses of
property in the City of Salina and repealing the existing section, be introduced
for first reading. Aye: (4) . Nay: (0) . Motion adopted.
(7.2) Recommendation from the City Planning Commission that Zoning
Application 89-9, filed by Kansas College of Technology, for the rezoning of
Block 15, the East 290 feet of Blocks 16, 16B, 17, 18, 20, 21, 22, 23, Schilling
Subdivision, (KCT campus) to District "U", be approved. [introduce Ordinance
Number 89-9332 for first reading]
Roy Dudark, Director of Planning and Community Development,
reviewed the application and recommendation.
Moved by Commissioner Frank, seconded by Commissioner Beggs that
the recommendation of the City Planning Commission be accepted, that Zoning
Application 89-9 be approved and that Ordinance Number 89-9332, providing for
the amendment of Ordinance Number 8526, the same being Chapter 42 of the
Salina Code, and the Zoning District Map therein and thereby adopted and
providing for the rezoning of certain property within the City and prescribing
the proper uses thereof, be introduced for first reading. Aye: (4). Nay: (0).
Motion adopted.
(7.3) Recommendation from the City Planning Commission that Zoning
Application 89-10, filed by Monty Montee for Country Oak Estates, requesting an
amendment to the Zoning Ordinance to reduce the side yard setback requirements
in Manufactured Home Subdivisions, be approved. [Introduce Ordinance Number
89-9333 for first reading]
Roy Dudark, Director of Planning and Community Development,
reviewed the application and recommendation.
Moved by Commissioner Frank, seconded by Commissioner Divine that
the recommendation of the City Planning Commission be accepted, that Zoning
Application 89-10 be approved and that Ordinance Number 89-9333, amending
Section 42-221 of the Salina Code pertaining to bulk regulations for MH -S
District, and repealing the existing section, be introduced for first reading.
Aye: (4). Nay: (0). Motion adopted.
(7.4) Recommendation from the City Planning Commission that a letter
submitted by Lee O. Haworth, notifying the City Planning Commission of
abandonment of Phase IV of Twin Oaks Townhomes Planned Development District
and requesting the subject area be rezoned for single family homes, be accepted.
[Introduce Ordinance Number 89-9334 for first reading]
Roy Dudark, Director of Planning and Community Development,
reviewed the request and recommendation.
Action
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Moved by Commissioner Frank, seconded by Commissioner Divine that
the recommendation of the City Planning Commission be accepted, that the letter
of request to abandon Phase 1V of Twin Oaks Townhomes PDD be approved and
that Ordinance Number 89-9334, providing for the amendment of Ordinance
Number 8526, the same being Chapter 42 of the Salina Code, and the Zoning
District Map therein and thereby adopted and providing for the rezoning of
certain property within the city and prescribing the proper uses thereof, be
introduced for first reading. Aye: (4) . Nay: (0) . Motion adopted.
(7.5) Recommendation from the City Planning Commission that P.D.D.
Application 89-3, filed by Asbury - Salina Regional Medical Center, for the
approval of Final Replat for Asbury Subdivision, be approved.
Roy Dudark, Director of Planning and Community Development,
reviewed the application and recommendation.
Moved by Commissioner Frank, seconded by Commissioner Divine that
the recommendation of the City Planning Commission be accepted, that Plat
Application 89-3 be approved and that the Mayor be authorized to sign the final
plat of Asbury Subdivision. Aye: (4) . Nay: (0) . Motion adopted.
(7.6) Second Reading Ordinance Number 89-9323, providing for the rezoning
of certain lots in Hollands Addition and Surveyor's Plat "D" to District "PDD"
for Asbury - Salina Regional Medical Center. [Zoning Application 89-3 8 3A]
[Ordinance was introduced for first reading on June 5, 19891
(7.7) Recommendation from the Salina Heritage Commission, that Heritage
Conservation Application 89-1 for landmark designation for 818, 820, 824, 826,
828, 840, 860, 809, 815 and 841 South Santa Fe, be approved. [Introduce
Ordinance Number 89-9335 for first reading]
Roy Dudark, Director of Planning and Community Development,
reviewed the application and recommendation.
Moved by Commissioner Frank, seconded by Commissioner Divine that
the recommendation of the Salina Heritage Commission be accepted, that Heritage
Conservation Application 89-1 be approved and that Ordinance Number 89-9335,
designating certain structures located on South Santa Fe Avenue for Heritage
Conservation (HC) Landmark Designation, be introduced for first reading. Aye:
(4) . Nay: (0) . Motion adopted.
(7.8) Annual review of the Comprehensive Plan.
Roy Dudark, Director of Planning and Community Development,
reviewed the comprehensive plan and explained the changes.
City Commissioners and staff discussed the ramifications of the
Comprehensive Land Use Plan.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the comprehensive plan update be accepted. Aye: (4) . Nay: (0) . Motion
adopted.
Moved by Commissioner
Divine, seconded
by Commissioner Beggs that
Ordinance Number 89-9323, providing
for the amendment of Ordinance Number
8526, the
same being Chapter 42
of the Salina Code,
and the Zoning District Map
therein
and thereby adopted and
providing for the
rezoning of certain property
within
the City and prescribing
the proper uses
thereof, be adopted. Aye:
Beggs,
Divine, Frank, Warner
(4). Nay: (0).
Commissioner Ryan absent.
Motion
adopted.
(7.7) Recommendation from the Salina Heritage Commission, that Heritage
Conservation Application 89-1 for landmark designation for 818, 820, 824, 826,
828, 840, 860, 809, 815 and 841 South Santa Fe, be approved. [Introduce
Ordinance Number 89-9335 for first reading]
Roy Dudark, Director of Planning and Community Development,
reviewed the application and recommendation.
Moved by Commissioner Frank, seconded by Commissioner Divine that
the recommendation of the Salina Heritage Commission be accepted, that Heritage
Conservation Application 89-1 be approved and that Ordinance Number 89-9335,
designating certain structures located on South Santa Fe Avenue for Heritage
Conservation (HC) Landmark Designation, be introduced for first reading. Aye:
(4) . Nay: (0) . Motion adopted.
(7.8) Annual review of the Comprehensive Plan.
Roy Dudark, Director of Planning and Community Development,
reviewed the comprehensive plan and explained the changes.
City Commissioners and staff discussed the ramifications of the
Comprehensive Land Use Plan.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the comprehensive plan update be accepted. Aye: (4) . Nay: (0) . Motion
adopted.
Action
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ADMINISTRATION
(8.1) Second Reading Ordinance Number 89-9330 amending the Salina Code
by enacting Article 1, Division 1 of Chapter 30 pertaining to the canine corps of
the Salina Police Department.
Moved by Commissioner Beggs, seconded by Commissioner Frank that
Ordinance Number 89-9330, amending the Salina Code by enacting Article 1,
Division 1 of Chapter 30 pertaining to the canine corps of the Salina Police
Department, be adopted. Aye: Beggs, Divine, Frank, Warner (4) . Nay: (0) .
Commissioner Ryan absent. Motion adopted.
(8.2) First Reading Ordinance Number 89-9336, levying special assessments
against certain lots and pieces of property to pay the cost of cutting weeds on
certain lots and parts of lots and the parkways abutting thereon in the City of
Salina, Kansas.
Moved by Commissioner Frank, seconded by Commissioner Divine that
Ordinance 89-9336, levying special assessments against certain lots and pieces of
property to pay the cost of cutting weeds on certain lots and parts of lots and
the parkways abutting thereon in the City of Salina, Kansas, be introduced for
first reading. Aye: (4). Nay: (0). Motion adopted.
(8.3) First Reading Ordinance Number 89-9337, levying special assessments
against certain lots and pieces of property to pay the cost of abatement of
nuisances, located on certain lots and parts of lots in the City of Salina,
Kansas.
Moved by Commissioner Divine, seconded by Commissioner Frank that
Ordinance Number 89-9337, levying special assessments against certain lots and
pieces of property to pay the cost of abatement of nuisances, located on certain
lots and parts of lots in the City of Salina, Kansas, be introduced for first
reading. Aye: (4). Nay: (0). Motion adopted.
(8.4) First Reading Ordinance Number 89-9338, levying special assessments
against certain lots and pieces of property to pay the cost of sidewalk repair
located on certain lots and parts of lots in the City of Salina, Kansas.
Commissioner Divine asked that staff investigate a policy to allow
property owners to request a sidewalk on their own property, and when bids are
taken for a construction project, the requested sidewalk or sidewalks could be
included.
Moved by Commissioner Frank, seconded by Commissioner Beggs that
Ordinance Number 89-9338, levying special assessments against certain lots and
pieces of property to pay the cost of sidewalk repair located on certain lots and
parts of lots in the City of Salina, Kansas, be introduced for first reading.
Aye: (4) . Nay: (0) . Motion adopted.
(8.5) First Reading Ordinance Number 89-9339, amending Article 2 of
Chapter 27 of the Salina Code regarding park regulations by adding section
27-16.1, identifying the hours during which certain city parks shall be closed,
and declaring a public emergency.
Moved by Commissioner Frank, seconded by Commissioner Beggs that
Ordinance Number 89-9339, amending Article 2 of Chapter 27 of the Salina Code
regarding park regulations by adding section 27-16.1, identifying the hours
during which certain city parks shall be closed, and declaring a public
emergency, be introduced for first reading. Aye: (4) . Nay: (0) . Motion
adopted.
(8.6) Determine that an emergency exists.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
an emergency be declared and that Ordinance 89-9339 be considered for second
reading on the same day it is introduced. Aye: (4) . Nay: (0) . Motion
adopted.
Action
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(8.7) Second Reading Ordinance Number 89-9339, amending Article 2 of
Chapter 27 of the Salina Code regarding park regulations by adding section
27-16.1, identifying the hours during which certain city parks shall be closed,
and declaring a public emergency.
Moved by Commissioner Frank, seconded by Commissioner Beggs that
Ordinance Number 89-9339, amending Article 2 of Chapter 27 of the Salina Code
regarding park regulations by adding section 27-16.1, identifying the hours
during which certain city parks shall be closed, and declaring a public
emergency, be adopted. Aye: Beggs, Divine, Frank, Warner (4). Nay: (0).
Commissioner Ryan absent. Motion adopted.
(8.8) Report on bids received July 27, 1989 for aerial lift for the parks and
recreation department. [Award the contract to Teco Company in the amount of
$32,8021
Steve Snyder, Director of Parks and Recreation, reviewed the bids
received and how each fit the specifications and asked that the contract be
awarded to Teco Company.
Moved by Commissioner Divine, seconded by Commissioner Frank that
the staff recommendation be accepted and that the contract be awarded to Teco
Company for an aerial lift for the parks and recreation department for $32,802.
Aye: (4) . Nay: (0) . Motion adopted.
Deborah Divine, 1748 Glen, suggested a safety training program be
incorporated with the purchase of the new equipment to insure that the general
public and employees are not prone to accidents with this new piece of
equipment.
(8.9) Resolution Number 89-4106, determining the advisability of certain
curbing, guttering, paving, grading, storm drainage, water main and services,
and sanitary sewer improvements, estimating the cost thereof, defining the
boundaries of the improvement district, method of assessment and apportioning
the cost between the improvement district and the City -at -large. [Engineering
Projects 89-789 and 7901
Don Hoff, Acting City Engineer, reviewed the construction projects.
Bob Biles, Director of Finance, reviewed the procedure to finance the
construction projects.
Moved by Commissioner Beggs, seconded by Commissioner Divine that
Resolution Number 89-4106, determining the advisability of certain curbing,
guttering, paving, grading, storm drainage, water main and services, and
sanitary sewer improvements, estimating the cost thereof, defining the
boundaries of the improvement district, method of assessment and apportioning
the cost between the improvement district and the City -at -large, be adopted.
Aye: (4) . Nay: (0) . Motion adopted.
(8.10) Resolution Number 89-4107, authorizing the Mayor to sign and the City
Clerk to attest an agreement with Bucher, Willis and Ratliff for engineering
services relating to the widening of Crawford Street between Ohio Street and
1-135 in the amount of $12,500.00.
Moved by Commissioner Divine, seconded by Commissioner Frank that
Resolution Number 89-4107, authorizing the Mayor to sign and the City Clerk to
attest an agreement with Bucher, Willis and Ratliff for engineering services
relating to the widening of Crawford Street between Ohio Street and 1-135 in the
amount of $12,500.00, be adopted. Aye: (4) . Nay: (0) . Motion adopted.
(8.11) Resolution Number 89-4108, establishing the rental policy and fee
schedule for neighborhood centers, which shall be effective as of September 1,
1989, and repealing Resolution Number 89-4084 and all motions or actions in
conflict therewith.
Steve Snyder, Director of Parks and Recreation, reviewed the options
and the proposed plan to regulate the use of the neighborhood centers.
Action
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89-301
Moved by Commissioner Frank, seconded by Commissioner Beggs that
Resolution Number 89-4108, establishing the rental policy and fee schedule for
neighborhood centers, which shall be effective as of September 1, 1989, and
repealing Resolution Number 89-4084 and all motions or actions in conflict
therewith, be adopted. Aye: (4) . Nay: (0) . Motion adopted.
(8.12) Discuss sale of property acquired at the December 6, 1988 tax sale.
Bob Biles, Director of Finance, reviewed the problems with the City
Commission approved 6% commission for the sale of the tax sale property and
asked the City Commission to authorize a $500 commission for the sale of each
unsold lot.
Moved by Commissioner Divine, seconded by Commissioner Beggs that a
$500 commission be approved and that the Mayor be authorized to draw the name
of a realtor by lottery on August 14th. Aye: (4) . Nay: (0) . Motion adopted.
(8.13) Discuss Second Street Paving Options.
Dennis Kissinger, City Manager, outlined the options for the
improvement of Second Street after the installation of the Second Street Storm
Sewer.
The Commissioners and staff discussed each option.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Option "C" be approved, that Second Street be improved with asphalt at a price
of $58,000,00. Aye: Beggs, Divine, Warner (3) . Nay: (0) . Commissioner
Frank abstained. Motion adopted.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Beggs, seconded by Commissioner Divine that
the regular meeting of the Board of Commissioners be adjourned. Aye: (4).
Nay: (0) . Motion adopted. The meeting adjourned at 6:26 p.m.
[SEAL]
ATTEST:
��;.. s\'�'
Jacque ine Shiever, City Clerk
ph Warner, Mayor
REQUEST FOR EMERGENCY CONSIDERATION
I, Joseph A. Warner, Mayor of the City of Salina, Kansas,
pursuant to K.S.A. 12-3001, state that the problem of vandalism
in the City's parks constitutes a public emergency and request
that the City Commission declare a public emergency and consider
for final passage on the same day it is introduced Ordinance No.
89- identifying the hours during which certain City parks
shall be closed.
Dated this ? day of August, 1989.
a.
4ofh]i�"A. rner, Mayor