07-10-1989 MinutesAction
—89-236
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JULY 10, 1989
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, July 10, 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
AWARDS - PROCLAMATIONS
(4.1) The Mayor proclaimed the Month of July, 1989 as "NATIONAL
RECREATION AND PARKS MONTH." The proclamation was read by Randi
Clifford, City Recreation Superintendent.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting June 26, 1989.
(6.2) Petition 3977, filed by Monty Montee for certain street and utility
improvements in Country Oak Addition. [Refer to the City Engineer for
checking and a feasibility report.]
(6.3) Petition 3978, filed by Donald E. Morris for Presley Builders, Inc. for
certain street and utility improvements in Country Club Estates Addition
Number 4. [ Refer to the City Engineer for checking and a feasibility report.]
(6.4) Petition 3979, filed by Ralph Maag, for the University Methodist
Church and "concerned citizens of Salina," requesting that the City Commission
vote against the City of Salina obtaining a liquor license in order to sell any
liquor at the Bicentennial Center.
Moved by Commissioner Divine, seconded by Commissioner Ryan that
all items on the Consent Agenda be approved. Aye: (5). Nay: (0). Motion
adopted.
DEVELOPMENT BUSINESS
(7.1) Consideration of revised planning application fee schedule.
Roy Dudark, Director of Planning and Community Development,
explained the change in billing will be from an actual cost accounting to a fixed
fee schedule and asked the City Commission to adopt the resolution.
Action
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(7.1a) Resolution Number 89-4094, establishing application fees for
planning related services associated with administration of the zoning
ordinance and subdivision regulations of the City of Salina, Kansas,
amending Resolution Number 84-3742 and repealing the existing resolution.
Moved by Commissioner Frank, seconded by Commissioner Beggs that
Resolution Number 89-4094, establishing application fees for planning related
services associated with administration of the zoning ordinance and subdivision
regulations of the City of Salina, Kansas, amending Resolution Number 84-3742
and repealing the existing resolution, be adopted. Aye: (5) . Nay: (0) . Motion
adopted.
(7.2) Consideration of proposed fee schedule for building permits.
Mr. Dudark reviewed the change in building permit fees and answered
questions asked by the Commissioners concerning those fees.
(7.2a) Resolution Number 89-4095, establishing permit fees for services
associated with applications and inspections required by the Uniform
Building Code, as adopted by the City of Salina, pursuant to Section 2-2 of
the Salina Code, and repealing Resolution Number 85-3802.
Moved by Commissioner Divine, seconded by Commissioner Frank that
Resolution Number 89-4095, establishing permit fees for services associated with
applications and inspections required by the Uniform Building Code, as adopted
by the City of Salina, pursuant to Section 2-2 of the Salina Code, and repealing
Resolution Number 85-3802, be adopted. Aye: (5). Nay: (0). Motion adopted.
ADMINISTRATION
(8.1) Resolution Number 89-4096, establishing all license fees, permit fees
and other user related fees or charges, pursuant to Section 2-2 of the Salina
Code, amending Resolution Number 84-3742 and repealing the existing resolution.
Mr. Dudark, explained that this resolution reinstates the remainder of
the license fees and permits which were repealed when the planning fees were
removed from the fee resolution and established separately.
Moved by Commissioner Ryan, seconded by Commissioner Beggs that
Resolution Number 89-4096, establishing all license fees, permit fees and other
user related fees or charges, pursuant to Section 2-2 of the Salina Code,
amending Resolution Number 84-3742 and repealing the existing resolution, be
adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.2) Resolution Number 89-4097, authorizing the giving of notice to owners
under the Kansas Revestment of Title Act relating to cemetery spaces in the
Gypsum Hill Cemetery.
Bob Biles, Director of Finance, reviewed the revestment process.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
Resolution Number 89-4097, authorizing the giving of notice to owners under the
Kansas Revestment of Title Act relating to cemetery spaces in the Gypsum Hill
Cemetery, be adopted. Aye: (5). Nay: (0). Motion adopted.
(8.3) Second Reading Ordinance 89-9326, amending Section 25-82 of the
Salina Code pertaining to an offense known as "Disturbing the Peace" and
repealing the existing section.
City Manager Kissinger reviewed the changes in the code and answered
the questions asked by the Commissioners.
Greg Bengtson, City Attorney, explained that the ordinance is modeled
after the Leawood, Kansas ordinance which was one of the best resources
provided by the National Institute.
Action
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Moved by Commissioner Ryan, seconded by Commissioner Frank that
Ordinance 89-9326, amending Section 25-82 of the Salina Code pertaining to an
offense known as "Disturbing the Peace" and repealing the existing section, be
adopted. Aye: Beggs, Divine, Frank, Ryan, Warner (5). Nay: (0). Motion
adopted.
(8.4) First Reading Ordinance Number 89-9327, adopting the 1988 Edition of
the Uniform Fire Code and Uniform Fire Code Standards, including all appendices
thereto by reference; excepting certain specified sections; amending Sections
14-41 and 14-42 of the Salina Code and repealing the existing sections; enacting
Sections 14-6, 14-7, 14-8, 14-9, 14-10 and 14-11 of the Salina Code which amend
Sections 2.105, 2.201, 3.102, 10.203, 79.1206 and Appendix III -A, Paragraph 4
of the Uniform Fire Code, 1988 Edition, and repealing the existing sections of
the Uniform Fire Code; and repealing the existing Sections 14-2. 14-3, 14-4,
14-5 and 14-55 of the Salina Code.
Fire Marshal Jerry Scott reviewed the necessity of adopting the
Uniform Fire Code.
City Manager and staff discussed the ramifications of the Uniform Fire
Code.
Moved by Commissioner Divine, seconded by Commissioner Frank that
Ordinance Number 89-9327, adopting the 1988 Edition of the Uniform Fire Code
and Uniform Fire Code Standards, including all appendices thereto by reference;
excepting certain specified sections; amending Sections 14-41 and 14-42 of the
Salina Code and repealing the existing sections; enacting Sections 14-6, 14-7,
14-8, 14-9, 14-10 and 14-11 of the Salina Code which amend Sections 2.105,
2.201, 3.102, 10.203, 79.1206 and Appendix III -A, Paragraph 4 of the Uniform
Fire Code, 1988 Edition, and repealing the existing sections of the Uniform Fire
Code; and repealing the existing Sections 14-2. 14-3, 14-4, 14-5 and 14-55 of
the Salina Code, be introduced for first reading. Aye: (5). Nay: (0). Motion
adopted.
(8.5) First Reading Ordinance Number 89-9328, amending Chapter 24 of the
Salina Code by adding Section 24-10 pertaining to emergency abatement.
Mike Peterson, Chief Building Official, explained the necessity of the
ordinance and how it will facilitate the abatement of nuisances.
Moved by Commissioner Frank, seconded by Commissioner Beggs that
Ordinance Number 89-9328, amending Chapter 24 of the Salina Code by adding
Section 24-10 pertaining to emergency abatement, be introduced for first
reading. Aye: (5) . Nay: (0) . Motion adopted.
(8.6) First Reading Ordinance Number 89-9329, establishing an Employee
Benefit Contribution Fund in the City of Salina, Kansas.
Mr. Biles, reviewed changes made by the 1989 State legislature which
necessitates this ordinance.
Moved by Commissioner Ryan, seconded by Commissioner Divine that
Ordinance Number 89-9329, establishing an Employee Benefit Contribution Fund
in the City of Salina, Kansas, be introduced for first reading. Aye: (5) . Nay:
(0) . Motion adopted.
(8.7) Report on bids received June 29, 1989 for the Second Street Drainage
Improvements (Engineering Project 89-784) . [Award the contract to Frank
Construction Company, Inc. in the amount of $434,400.001
Don Hoff, Acting City Engineer, reviewed the project and answered
questions concerning the project and storm water storage.
Action
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Moved by Commissioner Ryan, seconded by Commissioner Divine that
the contract for Engineering Project 89-784 be awarded to Frank Construction
Company, Inc. in the amount of $434,400.00. Aye: (4) . Nay: (0) .
Commissioner Frank abstained. Motion adopted.
City Manager Kissinger said the project will be funded by General
Obligation bonds this fall or winter.
Ernest Cole, 153 South Front, expressed his concern about storm
water storage in his area.
(8.8) Discuss disposition of property acquired at the December 6, 1988 tax
sale.
Mr. Biles, reported that staff has sold all but 6 lots and asked the
City Commission to authorize the use of a realtor to market those lots.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
staff recommendation be accepted and that the Mayor be authorized to draw the
name of a realtor by lottery. Aye: (5) . Nay: (0) . Motion adopted.
(8.9) Report on Fox Theatre proposal.
City Manager Kissinger reviewed the preliminary staff report which
outlines policy and funding decisions to be made by the Commission. He said no
action is scheduled for today.
Wendy Moshier, 11 Crestview, President of the Salina Civic Orchestra
Society, also known as the Salina Symphony, presented the proposal for the use
of the Fox Theatre building as the permanent home for the Salina Symphony.
She introduced Eric Stein, Mary Ann Powell, Bob Stinson, A. K. Bader, Marilyn
Benyshek, Dennis Bosarth, Brenda Cloutier, Dan Diedrich, Bernadette D'Souza,
Sid Reitz, Betsy Wearing, Bev Olson, Jim Brown (of the Salina Municipal Band) ,
Charles Kephart (of the Salina Community Theatre) , Bob Maze (Manager of the
Granada Theatre in Kansas City) , Gaylen Gott, KCVS, and members of the
Salina Symphony.
Gerald Cook, Salina Chamber of Commerce, said a 2,000 seat
performing arts center was one of the "Goals for Salina," and asked for
favorable consideration of the Salina Symphony proposal for the Fox Theatre
building.
Gaylen Gott, KCVS Radio; Karen Graves, 23 Crestview; Tim Wilson,
164 Mt. Barbara; A. K. Bader, 1859 Gebhart; Dan Diedrick, 6 Crestview;
Charles Kephart, Salina Community Theatre; Martha Rhea, Salina Arts and
Humanities Director, each expressed support of the proposal and asked for
favorable consideration by the City Commission.
The Salina Symphony members and staff answered the questions asked
by the City Commissioners.
The City Commissioners took no action.
OTHER BUSINESS
Mayor Warner announced that the July 17th meeting will be held in
Heritage Hall at the Bicentennial Center at 7 p.m. and that consideration of a
liquor license for the Bicentennial Center will be considered.
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 5:34 p.m.
[SEAL]
ATTEST:
°�"Aep arner, Mayor
J_acqubline Shiever, City Clerk