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06-05-1989 MinutesKuhn -Cox Action CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS JUNE 5, 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 5, 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 A. General Comments Mike Scriven reprimanded the City Commission for not notifying the public that the designated City Commissioner, Bob Frank, would not hold the "Commissioners Listening Post" on Saturday morning. He also alleged that some staff member is giving out false information that two businesses are not worthy of consideration or out of business and that an apology to those two businesses is in order. Ernest Cole, 153 South Front, expressed his concerns again about liquor being served in the Bicentennial Center and asked for a City Commission response. Mayor Warner replied that the matter is under staff review at the present time. B. Suggestions, comments and recommendations for the 1990 budget None AWARDS - PROCLAMATIONS (4.1) The Mayor proclaimed the Week of June 4, 1989 as "DISABILITY AWARENESS WEEK." The proclamation was read by Bill Ray, Chairman of the Disability Awareness Day Committee. (4.2) The Mayor proclaimed the Month of June, 1989 as "BICENTENNIAL CENTER ANNIVERSARY MONTH." The proclamation was read by Karen Fecteau, Office Manager and Event Coordinator of the Bicentennial Center. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing on the vacation of Shady Bend Drive, except the East 180 feet. (5.1a) Introduce Ordinance 89-9321 providing for the vacation of all of Shady Bend Drive, a public street in the City of Salina, Kansas, except the East 180 feet thereof, for first reading. Mayor Warner declared the public hearing open. There were no comments filed, written or oral, so the public hearing was declared closed. Action 89-187 89-188 89-189 Moved by Commissioner Ryan, seconded by Commissioner Beggs that Ordinance Number 89-9321, providing for the vacation of all of Shady Bend Drive, a public street in the City of Salina, Kansas, except the East 180 feet thereof, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (5.2) Public Hearing on Community Development Block Grant - Economic Development Program, Round H. [Set June 26, 1989 as the date for final hearing if an application is filed] Mayor Warner declared the public hearing open. There were no comments filed, written or oral, so the public hearing was declared closed. The City Commission did not take any action because no application was filed. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting May 22, 1989. (6.2) Petition Number 3970, filed by Darwin D. Dent for street and utility improvements to serve certain lots in Meyer Addition. [Refer to the City Engineer to check the validity of the signatures] (6.3) Application for surety on bail bond agent license filed by Rad Gremmel, 1200 West Crawford #53, as agent for Nichols Bonding. Moved by Commissioner Frank, seconded by Commissioner Ryan 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 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, be approved. [Introduce Ordinance 89-9322 for first reading] Roy Dudark, Director of Planning and Community Development reviewed the application. Moved by Commissioner Ryan, seconded by Commissioner Beggs that the recommendation of the City Planning Commission be accepted, that Planned Development District Application__89-2 be approved and 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 introduced for first reading. Aye: Beggs, Divine, Ryan, Warner (4) . Nay: (0) . Commissioner Frank abstained. Motion adopted. (7.2) Recommendation from the City Planning Commission that Planned Development District Application 89-3, filed by Asbury Regional Medical Center, requesting the rezoning of Lots 2, 4, 6, 8 on Santa Fe Avenue, Lots 1, 2, 3, 4, 5, 6, 7, and the North 77.5' Lot 8 on Seventh Street; Lots 1 , 3, 5 on Eighth Street in Holland's Addition, and Lots 1, 2, 3, 4, Surveyor's Plat "D", and a certain portion of vacated Seventh Street in Holland's Addition, be approved. [Introduce Ordinance 89-9323 for first reading] Roy Dudark, Director of Planning and Community Development, reviewed the application. Frances Norlin, 414 South Eighth, spoke in opposition to the razing of three houses on South Eighth for the Asbury rezoning and expansion. She also said she opposes the emergency entrance, parking lot and power center being placed so close to residences. Action 89-190 89-191 89-192 89-193 Paul Macek, Administrator of Asbury, reviewed the plans for Asbury expansion and asked for City Commission approval. The Commissioners and staff discussed the ramifications of the rezoning. Moved by Commissioner Ryan, seconded by Commissioner Divine that the recommendation of the City Planning Commission be accepted, that Planned Development District 89-3 be approved and that Ordinance 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 introduced for first reading. Aye: (5). Nay: (0). Motion adopted. Commissioner Divine asked that information be dispersed to the citizens sooner on rezoning issues. Roy Dudark, Director of Planning and Community Development, explained that his department is required to follow state law for notification. ADMINISTRATION (8.1) Report on the validity of Petition 3969, filed by William N. Miller, for certain street and utility improvements on Frederich Drive in Meyer Addition. City Engineer filed a feasibility report on the improvements. Moved by Commissioner Frank, seconded by Commissioner Ryan that the recommendation and feasibility report of the City Engineer be accepted. Aye: (5) . Nay: (0) . Motion adopted. (8.2) City Engineer files plans and specifications for the construction of major storm sewer improvements on Second Street. [Set the date of June 22, 1989 to receive bids on Engineering Project 89-7841 Dean Boyer, City Engineer, reviewed the project and answered questions asked by the Commissioners. Moved by Commissioner Ryan, seconded by Commissioner Frank that the plans and specifications for the construction of major storm sewer improvements on Second Street be approved and that June 22, 1989 be set as the date to receive bids on Engineering Project 89-784. Aye: (5) . Nay: (0) . Motion adopted. (8.3) Resolution Number 89-4086, fixing a time and place to appear and show cause why certain structures should not be condemned and ordered repaired or demolished. [Resolution establishes July 24, 1989 as the date for public hearing] Mike Peterson, Chief Building Official, reviewed the process to remove unsafe structures. Moved by Commissioner Divine, seconded by Commissioner Frank that Resolution Number 89-4086, fixing a time and place to appear and show cause why certain structures should not be condemned and ordered repaired or demolished, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.4) Request by Business Improvement District Number 1 for in-kind support for the Salina Farmers Market. Judy Ewalt, Coordinator of Downtown Salina, Inc. was present to answer questions asked by the Commissioners. City Commissioners and staff discussed the request for use of the plaza, insurance coverage under the city policy, and for city staff to hang the banners. Action 89-194 89-195 89-196 89-197 89-198 Moved by Commissioner Frank, seconded by Commissioner Ryan that the Business Improvement District Number 1 request be approved. Aye: (5) . Nay: (0) . Motion adopted. (8.5) Request by the Parks and Recreation Department for the City Commission to authorize the expenditure of $150,000 to construct a baseball field at the East Crawford Recreation Area in 1989 and to authorize the Parks and Recreation Department to designate $75,000 from 1990 recreation levy for completion of this phase of the project. Steve Snyder, Director of Parks and Recreation, explained the necessity of additional ball diamonds for youth of high school and college age, and answered questions asked by the Commissioners. Larry Brittegam, representative for baseball in Salina, spoke in favor of the ball diamonds for the 13 years and older group and asked for Commission approval. Moved by Commissioner Ryan, seconded by Commissioner Frank that the request by the Parks and Recreation Department for the City Commission to authorize the expenditure of $150,000 to construct a baseball field at the East Crawford Recreation Area in 1989 be approved. Aye: (5). Nay: (0). Motion adopted. (8.6) Assign responsibility for negotiating the renewal of the cable television franchise to the City Manager. Dennis Kissinger, City Manager, explained the cable television franchise renewal request is in process and asked the City Commission to designate the City Manager as the sole City representative for the renewal negotiations. Moved by Commissioner Divine, seconded by Commissioner Frank that the City Manager be assigned the responsibility for negotiating the renewal of the cable television franchise. Aye: (5) . Nay: (0) . Motion adopted. (8.7) Staff request for executive session for preliminary discussion of real estate purchase. (KCT baseball field property) Moved by Commissioner Ryan, seconded by Commissioner Frank that the City Commission recess into Executive Session for the purpose of conducting preliminary discussions relating to the potential acquisition of the 6.3 acres of land immediately south of the KCT Gymnasium for the reason that public discussion of the matter might adversely affect the availability and cost of the real estate to the City and that the Commission reconvene in 10 minutes or at 5:17. Aye: (5). Nay: (0). Motion adopted. The Commissioners recessed at 5:07 p.m. and reconvened at 5:17 p.m. Moved by Commissioner Divine, seconded by Commissioner Frank that the City Manager be directed to advise appropriate representatives of Kansas College of Technology that the City does not wish to purchase the 6.3 acres of land immediately south of the Kansas College of Technology gymnasium at this time. Aye: (5) . Nay: (0) . Motion adopted. OTHER BUSINESS Commissioner Divine asked Mr. Scriven for his input regarding the Commissioners Listening Post and citizen communication. Commissioner Frank apologized for missing the "Commissioners Listening Post." He said he called each person on the list of people who attended the Saturday Listening Post and talked with each one. Mayor Warner said he and Commissioner Beggs attended the ground breaking ceremonies for the National Guard Aviation Armory at the Schilling Industrial Complex on Saturday. Action 89-199 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. eph Warner, Mayor [SEAL] ATTEST: Jacqu line Shiever, City Clerk