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06-26-1989 MinutesAction 89-218 —89-219 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS JUNE 26, 1989 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, June 26, 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 Mike Scriven, 217 South Tenth Street, said Mr. Sterrett performed work on the river bank last week, and the cost was exorbitant for him personally. People promised to provide funds for this project but Mr. Sterrett is concerned about the extension of his agreement with the City in order to get this work completed. He asked the City Commission to give this matter serious consideration. Jim Vent, 906 Gypsum, expressed his concern about the fees to be charged for the use of the Neighborhood Centers. He said the scheduling problem can be corrected by changing the scheduling policy, and the money problem can be solved by shared costs by the citizens. He said the proposed fee schedule will drive Alateen out of the centers. AWARDS - PROCLAMATIONS (4.1) Resolution Number 89-4090, expressing gratitude and appreciation to Dean Boyer for serving as City Engineer/ Director of Utilities and Building Official for the City of Salina from July 20, 1970 to June 30, 1989. Moved by Commissioner Frank, seconded by Commissioner Ryan that Resolution Number 89-4090, expressing gratitude and appreciation to Dean Boyer for serving as City Engineer/ Director of Utilities and Building Official for the City of Salina from July 20, 1970 to June 30, 1989, be adopted. Aye: (5). Nay: (0) . Motion adopted. (4.2) Resolution Number 89-4091, expressing gratitude and appreciation to Harry Hoffman for serving as Water Meter Repair Technician and Meter Repair Foreman for the Salina Water and Sewerage Department from April 1, 1960 to June 30, 1989. Moved by Commissioner Ryan, seconded by Commissioner Beggs that Resolution Number 89-4091, expressing gratitude and appreciation to Harry Hoffman for serving as Water Meter Repair Technician and Meter Repair Foreman for the Salina Water and Sewerage Department from April 1, 1960 to June 30, 1989, be adopted. Aye: (5). Nay: (0). Motion adopted. (4.3) Resolution Number 89-4092, expressing gratitude and appreciation to Bobby Knight for serving as Maintenance Supervisor for the Recreation Commission from June 1, 1974 to September 30, 1988 and for the Parks and Recreation Department from October 1, 1988 to June 30, 1989. Action 89-220 89-221 89-222 89-223 89-224 Moved by Commissioner Divine, seconded by Commissioner Frank that Resolution Number 89-4092, expressing gratitude and appreciation to Bobby Knight for serving as Maintenance Supervisor for the Recreation Commission from June 1, 1974 to September 30, 1988 and for the Parks and Recreation Department from October 1, 1988 to June 30, 1989, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (4.4) Resolution Number 89-4093, expressing gratitude and appreciation to A.C. Williams for serving as Equipment Operator and Laborer for the Solid Waste Disposal Division of the Department of General Services from April 28, 1972 to June 30, 1989. Moved by Commissioner Frank, seconded by Commissioner Ryan that Resolution Number 89-4092, expressing gratitude and appreciation to Bobby Knight for serving as Maintenance Supervisor for the Recreation Commission from June 1, 1974 to September 30, 1988 and for the Parks and Recreation Department from October 1, 1988 to June 30, 1989, be adopted. Aye: (5) . Nay: (0) . Motion adopted. The Mayor presented plaques to each of the retirees. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting June 19, 1989. (6.2) Set the date of July 13, 1989 to receive bids for the sale of one (1) 1974 Ford Van with a 28 -foot aerial man -lift. Moved by Commissioner Ryan, seconded by Commissioner Frank that all items on the Consent Agenda be approved. Aye: (5). Nay: (0). Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Plat Application 89-4, filed by Wal-Mart Properties, for the approval of the final plat of Wal-Mart Subdivision, be approved. Roy Dudark, Director of Planning and Community Development, reviewed the application and answered the Commissioners' questions concerning traffic signalization. Moved by Commissioner Ryan, seconded by Commissioner Frank that the recommendation of the City Planning Commission be accepted, that Plat Application 89-4 be approved and that the Mayor be authorized to sign the final plat of Wal-Mart Subdivision. Aye: (5). Nay: (0). Motion adopted. (7.2) Second Reading Ordinance Number 89-9319, annexing certain land to the City of Salina, Kansas, in conformity with the provisions of K.S.A. 12-519 to 12-526, inclusive. [Annexation Application 89-1, filed by Wal-Mart Properties] Roy Dudark, Director of Planning and Community Development, reviewed the application for annexation. Moved by Commissioner Divine, seconded by Commissioner Ryan that Ordinance Number 89-9319, annexing certain land to the City of Salina, Kansas, in conformity with the provisions of K.S.A. 12-519 to 12-526, inclusive, be adopted. Aye: Beggs, Divine, Frank, Ryan, Warner (5) . Nay: (0) . Motion adopted. Action 89-225 89-226 89-227 89-228 89-229 (7.3) Second Reading Ordinance Number 89-9318, providing for the rezoning of Wal-Mart Properties to "PC -3" Planned Commercial Shopping Center District. [Planned Development District 89-6, filed by Wal-Mart Properties] Roy Dudark, Director of Planning and Community Development, reviewed the application. Moved by Commissioner Ryan, seconded by Commissioner Beggs that Ordinance Number 89-9318, 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, Ryan, Warner (5). Nay: (0). Motion adopted. ADMINISTRATION (8.1) Consider an option for the sale of City property at Broadway and University Place. Staff reported there are some technical difficulties in the title search and asked the City Commission to table action on this option until July 10, 1989. Moved by Commissioner Ryan, seconded by Commissioner Frank that consideration of an option for the sale of city property at Broadway and University Place be tabled until July 10, 1989. Aye: (5). Nay: (0). Motion adopted. (8.2) Consider the outright purchase of a copier. Bob Biles, Director of Finance, reported on the results of proposals received from local and state-wide vendors and recommended the outright purchase of a Xerox 1065 copier to save several thousand dollars in interest costs. Moved by Commissioner Ryan, seconded by Commissioner Divine that staff recommendation be accepted and that the City make an outright purchase of a Xerox 1065 for $17,908.40. Aye: (5). Nay: (0). Motion adopted. (8.3) Report on bids received June 22, 1989 for street improvements (Engineering Project 89-785 - Latex Modified Slurry Seal) [Award the contract to Ballou Construction Company, Inc. for $393,790.001 Dean Boyer, City Engineer, reported on the results of the bid. Moved by Commissioner Divine, seconded by Commissioner Ryan that the recommendation of the City Engineer be accepted and that the contract be awarded to Ballou Construction Company, Inc. for $393,790.00. Aye: (5) . Nay: (0) . Motion adopted. Commissioner Frank asked that the standards and material types for street construction and repair be reviewed. (8.4) Report by the City Engineer on the sufficiency of Petition Number 3974, filed by Bank IV, Salina for certain street and utility improvements in Mariposa Addition. [City Engineer files a feasibility report for the improvements. ] Moved by Commissioner Frank, seconded by Commissioner Ryan that the Engineer's report be accepted and that Petition Number 3974 be approved. Aye: (5) . Nay: (0) . Motion adopted. Action 89-230 89-231 (8.5) Proposal from the Salina Symphony for the acquisition and use of the Fox Theatre as a community performing arts center. Don Diedrich, member of the Salina Symphony Board of Directors, discussed the need for a performing arts facility for the Symphony because of its loss of the Marymount College Fine Arts Theater. He said they reviewed other options and decided the Fox Theatre would best serve their needs. He asked the City Commission to approve their proposal to use the Fox Theatre as a community performing arts center. Dennis Kissinger, City Manager, recommended the City Commission defer any action on this request and refer it to staff to determine the options. He proposed to come back to the City Commission on July 10 with recommendations to be considered in the budget process. Moved by Commissioner Frank, seconded by Commissioner Ryan that the request be referred to the City Staff for a report and recommendation on July 10, 1989. Aye: (5) . Nay: (0) . Motion adopted. (8.6) Request by the Saline County Humane Association for City cooperation with their new Spay/Neuter Assistance Program (SNAP). Carol Brandert, 746 Manchester Road, President of the Saline County Humane Association, explained the SNAP program. She said money was donated by the late Agnes E. Wilson to provide assistance for a low cost spay / neuter program by the local veterinarians, with the Humane Association paying a portion of the costs. She asked the City to provide for a $1.00 first year license for neutered, vaccinated animals. Dennis Kissinger, City Manager, said staff supports the program. Moved by Commissioner Frank, seconded by Commissioner Divine that the recommendation be accepted and the City Manager be authorized to implement the program. Aye: (5) . Nay: (0) . Motion adopted. (8.7) Request by Teana Fabin to address the City Commission concerning the recently adopted user fee schedule for City Neighborhood Centers. Michael Yeakey, 159 South Simpson Road, read a prepared statement on behalf of a coalition of community interest groups concerning the Parks and Recreation change in policy regarding charges for the use of neighborhood centers. He then presented a petition (later numbered 3976). Barbara Marshall, President of the Salina Branch of the NAACP, spoke in opposition of the new fees to be charged for the use of neighborhood centers. Dennis Kissinger, City Manager, said staff would not have any objection to direction from the City Commission to withhold implementing any new fees until August 1st, to give staff sufficient time to gather information and take another look at the proposed fees. 89-232 Moved by Commissioner Ryan, seconded by Commissioner Divine that the matter be referred to staff for reconsideration. Aye: (5). Nay: (0). Motion adopted. (8.8) Request by Robert C. Caldwell to address the City Commission concerning the Carver Center proposal. Bob Caldwell, 415 East Crawford, read a prepared statement concerning the fees to be charged for the use of the Carver Center. The Mayor explained to Mr. Caldwell that this matter is a companion issue and will be considered with the neighborhood centers issue. Action 89-233 (8.9) Request by the Parks and Recreation Advisory Board that the City Commission pass an ordinance establishing a curfew in certain parks. Steve Snyder, reviewed the decision of the Parks and Recreation Advisory Board for the necessity of curfews in certain parks because of vandalism amounting to $15,000 to $20,000 a year. The Parks and Recreation Advisory Board recommends establishing a curfew in 5 of the 17 parks (Jerry Ivey Park, Kenwood Park, Oakdale Park, Indian Rock and Lakewood Park) with the established curfews at Sunset Park and Bill Burke Park being retained at 11:00 P.M. Mr. Snyder and the Commissioners discussed the dollar amount of the vandalism issue and alternatives to a curfew. City Manager Kissinger asked the City Commission for direction as to whether the Commission supports the curfew, whether it supports the curfew in Sunset Park, if curfews should all be at the same hour. Mike Scriven, 217 South Tenth, expressed his support for a curfew, as a parent and as a member of the Saline County Taxpayers Association, but, as a member of the travel industry, opposes it, since some of his clients have told him they find little to do in Salina after midnight. Michael Yeakey, 159 South Simpson Road, said the philosophical problem of the Commission is to see that there is as much liberty for everyone as possible. He said he believes the greater number of people will benefit from parks which have not been vandalized. Ernest Cole, 153 South Front, said Oakdale Park is a drag strip in the middle of the night and recommended the curfew be enacted. By consensus, the Commission referred the matter back to the Parks and Recreation Advisory Board for further study, citizen input and specific recommendations. (8.10) Report on Kansas Public Employer Employee Relations. City Manager Kissinger reviewed the proposed timetable: that the staff report would be completed by the end of September 1989, that the issues involved could be discussed at length at some point after the report is complete and that prior to the end of the year the Commission could make a decision. Moved by Commissioner Frank, seconded by Commissioner Divine that the proposed timetable outlined by the City Manager be approved. Aye: (5) . Nay: (0) . Motion adopted. (8.11) First Reading Ordinance Number 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 problem of not having the right tools for the police department and prosecuting attorney to enforce the code. ordinance. City Attorney Bengtson reviewed the code change. The Commissioners and staff reviewed the ramifications of the _.89-234 Moved by Commissioner Ryan, seconded by Commissioner Beggs that Ordinance Number 89-9326, amending Section 25-8, of the Salina Code pertaining to an offense known as "Disturbing the Peace" and repealing the existing section, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. (8.12) Petition Number 3975, filed by members of the Bel Air Baptist Church, requesting that the City Commission vote against the City of Salina obtaining a liquor license in order to serve or sell any liquor at the Bicentennial Center. The Commissioners took the petition under advisement. Action 89-235 OTHER BUSINESS Mayor Warner announced there will not be a Commission meeting on Monday, July 3rd. The Mayor asked everyone to attend the All -America City celebration on July 4th in Oakdale Park from 1 to 5 near the Gazebo followed by Skyfire fireworks show. The Salina Citizen, the new City newsletter, will be delivered this week in the mail as an effort by City Government to report to and inform the citizens about the variety of activities going on in the City. It has been supported by the previous Commission and this Commission. Mayor Warner asked for "feedback." The Mayor commended Peter Brown, Public Information Officer, for an outstanding job. Commissioner Frank instructed Dean Boyer to enjoy the golf course. 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 5:24 p.m. a. 044-7L� ep A. Warner, Mayor [SEAL] ATTEST: � �, �, � i, Jacque ine Shiever, City Clerk