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06-12-1989 MinutesAction 89-200 89-201 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS JUNE 12, 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 12, 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 A. General None CITIZEN FORUM B. Suggestions, comments and recommendations on the 1990 budget None AWARDS - PROCLAMATIONS (4.1) Resolution Number 89-4087 expressing gratitude and appreciation to James R. Ellison for serving as a Firefighter and Firefighter Engineer for the Salina Fire Department from March 14, 1971 to May 19, 1989. Moved by Commissioner Ryan, seconded by Commissioner Frank that Resolution Number 89-4087, expressing gratitude and appreciation to James R. Ellison for serving as a firefighter and firefighter engineer for the Salina Fire Department from March 14, 1971 to May 19, 1989, be adopted. Aye: (5) . Nay: (0) . Motion adopted. Mayor Warner presented the plaque to James R. Ellison. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing on the method of assessment for Engineering Projects 88-763 and 88-764 for street and utility improvements. (5.1a) First Reading Ordinance Number 88-9324 levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas, for the purpose of paying a portion of the cost of street and utility improvements in Trockenbach, Mayfair, Meyer, Country Club Heights #5 Additions. Mayor Warner declared the public hearing open. There were no comments filed, written or oral, so the Mayor declared the public hearing closed. Moved by Commissioner Ryan, seconded by Commissioner Divine, that Ordinance Number 88-9324 levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas, for the purpose of paying a portion of the cost of street and utility improvements in Trockenbach, Mayfair, Meyer, Country Club Heights #5 Additions, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. Action 89-202 89-203 89-204 Ken Wasserman, 215 South Santa Fe, attorney for one of the property owners in a benefit district, said an error had been made in the ownership of one of the properties and asked that it be corrected. Staff assured him the assessment is against the property and not the property owner and that the ownership records will be updated before the next notice is mailed. (5.2) Public Hearing on the method of assessment for Engineering Project 88-765 for sidewalk improvements. (5.2a) First Reading Ordinance Number 88-9325 levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas, for the purpose of paying a portion of the cost of sidewalk improvements on Crawford Street, Iron Avenue, Broadway Boulevard, Santa Fe Avenue, Claflin Avenue, Belmont Boulevard. Mayor Warner declared the public hearing open. Bob Bostater, 730 Fairdale Road, Salina Building Company, said he objects that the sidewalks were installed in the first place. He did not want them, because, according to him, they substantially reduced the value of his property. He also asked who initiated the project and asked the City Commission not to initiate projects where they are not wanted. Dean Boyer, City Engineer and Director of Utilities, explained that the City pays 50% and the property owner pays 50% of the cost of the project on sidewalks abutting private property. He said the City pays 100% of the cost of sidewalks where streets cross. Roy Dudark, Director of Planning and Community Development, explained the project was determined by high traffic on the street and the evidence of pedestrian movement. He reviewed the process taken by the City Commission to initiate the project. Mayor Warner declared the public hearing closed. Moved by Commissioner Frank, seconded by Commissioner Divine that Ordinance Number 88-9325 levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas, for the purpose of paying a portion of the cost of sidewalk improvements on Crawford Street, Iron Avenue, Broadway Boulevard, Santa Fe Avenue, Claflin Avenue, Belmont Boulevard, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. CONSENT AGENDA (6.1) Petition Number 3971, filed by Vincent and Patricia Klenda for the vacation of the East 25 feet of Lot 5, Hanley's Addition, with the vacated property reverting to Lot 5, Hanley's Addition. [Refer the petition to the City Engineer for a recommendation] Moved by Commissioner Ryan, seconded by Commissioner Beggs that the Consent Agenda item be approved. Aye: (5). Nay: (0). Motion adopted. DEVELOPMENT BUSINESS (7.1) Second Reading Ordinance Number 89-9322 providing for the rezoning of a tract in Lot 7, Block 5, Replat of Blocks 4, 10, 11 and 12, Georgetown Addition to P.D.D. [Planned Development District Application 89-2, filed by Bill Plumlee, for the rezoning of a 2.75 acre tract of land located in Lot 7, Block 5, Replat of Blocks 4, 10, 11 and 12, Georgetown Addition] Moved by Commissioner Frank, seconded by Commissioner Ryan that Ordinance Number 89-9322, 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. Action 89-205 89-206 89-207 89-208 ADMINISTRATION (8.1) Second Reading Ordinance 89-9320, amending Section 1, which references Schedule I as incorporated therein by reference of Ordinance Number 87-9180 of the City of Salina, Kansas; repealing said section 1 and Schedule I of Ordinance Number 87-9180; prescribing the form and authorizing the execution of an amendment to the supplemental lease by and between said City and Salina Presbyterian Manor, Inc., a Kansas Non -Profit Corporation. Greg Bengtson, City Attorney, reviewed the Industrial Revenue Bond issues for Presbyterian Manor. Moved by Commissioner Divine, seconded by Commissioner Ryan that Ordinance Number 89-9320, amending Section 1, which references Schedule I as incorporated therein by reference of Ordinance Number 87-9180 of the City of Salina, Kansas; repealing said section 1 and Schedule I of Ordinance Number 87-9180; prescribing the form and authorizing the execution of an amendment to the supplemental lease by and between said City and Salina Presbyterian Manor, Inc., a Kansas Non -Profit Corporation, be adopted. Aye: Beggs, Divine, Frank, Ryan, Warner (5) . Nay: (0) . Motion adopted. (8.2) Second Reading Ordinance Number 89-9321 providing for the vacation of all of Shady Bend Drive, except the east 180 feet thereof. [ Requested in Petition 3968, filed by Wally Storey] Moved by Commissioner Ryan, seconded by Commissioner Beggs that Ordinance Number 89-9321 providing for the vacation of all of Shady Bend Drive, except the east 180 feet thereof, be adopted. Aye: Beggs, Divine, Frank, Ryan, Warner (5) . Nay: (0) . Motion adopted. (8.3) Resolution Number 89-4088 delegating authority to the Housing Authority of the City of Salina to sell certain real estate and authorizing the Mayor to execute and the City Clerk to attest a deed for the same. Greg Bengtson, City Attorney, reviewed the PDD application for the Soil Conservation office property and explained the proposed use of the Housing Authority property. The Commissioners and staff discussed the PDD application and the use to be made of this property. Mr. Robert Bostater assured the City Commissioners the property owners are not trying to get around the regulations of the PDD. Moved by Commissioner Ryan, seconded by Commissioner Divine that Resolution Number 89-4088 delegating authority to the Housing Authority of the City of Salina, Kansas to sell certain real estate and authorize the Mayor to execute and the City Clerk to attest a deed for the same, be adopted. Aye: (5). Nay: (0). Motion adopted. (8.4) Resolution Number 89-4089 directing the City Engineer to prepare a feasibility report on sidewalk improvements. Roy Dudark, Director of Planning and Community Development, reviewed the 1989 sidewalk program and answered questions from the Commissioners. Ernest Cole, 153 South Front, recommended that the sidewalk program be expanded to include sidewalks in the Oakdale and Kenwood Park area, Walnut and Iron and to replace sections of sidewalk which have deteriorated. Moved by Commissioner Ryan, seconded by Commissioner Frank that Resolution Number 89-4089 directing the City Engineer to prepare a feasibility report on sidewalk improvements, be adopted. Aye: (5). Nay: (0). Motion adopted. Action OTHER BUSINESS Mayor Warner announced that the City had been granted a $250,000 KDED grant. This is the third year for such a grant which will take the City through 1990. Mayor Warner announced that the Smoky Hill River Festival had been a success in spite of the rain. Mayor Warner asked everyone to fly the American Flag on Flag Day, June 14th. William Nelson, said he opposes paying for engineering mistakes to install the ramps in the 1988 sidewalk projects. Roy Dudark, Director of Planning and Community Development, said the costs for the ramps were not an additional cost to the property owner, that the money was not wasted or lost. ADJOURNMENT 89-209 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 4:50 p.m. J se h Warner, Mayor [SEAL] ATTEST: Jacqu line Shiever, City Clerk