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05-22-1989 MinutesAction #1 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS MAY 22, 1989 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, May 22, 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 Ernest Cole, 153 South Front, said he opposes a drinking establishment liquor license for the Bicentennial Center. He said he opposes alcohol being consumed in the park and on City property. AWARDS - PROCLAMATIONS (4.1) Hanne Middleton, Saline County Commission on Aging, presented a poster signed by 150 older citizens congratulating the staff and committee for Salina's designation as All -America City. (4.2) The Mayor proclaimed the Month of May as "POPPY MONTH" and Saturday, May 27, 1989 as "POPPY DAY." The proclamation was read by Jean Scribner, President of the American Legion Auxiliary. (4.3) The Mayor proclaimed the Week of May 21 through 27, 1989 as "N .A. I . W . WEEK." The proclamation was read by Brenda Smith, President of Insurance Women of North Central Kansas. (4.4) The Mayor proclaimed Monday, May 22, 1989 as "HUNGER BARREL PROJECT KICK-OFF DAY." The proclamation was read by Brenda Gillette for the Hunger Barrel Project Committee. (4.5) The Mayor proclaimed the Week of May 21 through 27, 1989 as "NATIONAL PUBLIC WORKS WEEK." The proclamation was read by Charles May, Wilson and Company. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting May 15, 1989. 89-177 Moved by Commissioner Frank, seconded by Commissioner Beggs that the Consent Agenda item be approved. Aye: (5). Nay: (0). Motion adopted. Action 89-178 89-179 89-180 89-181 DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Zoning Application 89-6, filed by Wal-Mart, Inc. for the rezoning of a 21.069 acre tract of land in the Southeast Quarter of Section 35, Township 14 South, Range 3 West, be approved. [Introduce Rezoning Ordinance 89-9318 for first reading] Roy Dudark, Director of Planning and Community Development, reviewed the application and answered City Commissioners' questions concerning the property and the rezoning. Hanne Middleton expressed her concern about the safety of people and animals at the required ponding area. Mark Westberg, Design Engineer for C.E.I. Engineering, was present to answer City Commissioners' questions. Moved by Commissioner Ryan, seconded by Commissioner Frank that the recommendation of the City Planning Commission be accepted, that Zoning Application 89-6 be approved, and 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 introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (7.2) Recommendation from the City Planning Commission that Annexation Application 89-1, filed by Wal-Mart, Inc. for the annexation of a 21.069 acre tract of land in the Southeast Quarter of Section 35, Township 14 South, Range 3 West, be approved. [Introduce Annexation Ordinance 89-9319 for first reading] Roy Dudark, Director of Planning and Community Development, reviewed the application. Moved by Commissioner Divine, seconded by Commissioner Frank that the recommendation of the City Planning Commission be accepted, that Annexation Application 89-1 be approved, and 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 introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. ADMINISTRATION (8.1) City Clerk reports the City Engineer has filed final quantities for Engineering Projects 88-763 and 88-764 for street and utility improvements. [Set the date of June 12, 1989 for public hearing on the proposed assessments and instruct the City Clerk to publish the notice of public hearing.] Moved by Commissioner Frank, seconded by Commissioner Ryan that June 12, 1989 be set for the public hearing on the proposed assessments for street and utility improvements in Engineering Projects 88-763 and 88-764 and that the City Clerk be instructed to publish a notice of the public hearing and to mail a notice of the public hearing to each property owner in the benefit districts. Aye: (5). Nay: (0). Motion adopted. (8.2) City Clerk reports the City Engineer has filed final quantities for Engineering Project 88-765 for sidewalk improvements. [Set the date of June 12, 1989 for public hearing on the proposed assessments and instruct the City Clerk to publish the notice of public hearing.] Moved by Commissioner Ryan, seconded by Commissioner Divine that June 12, 1989 be set for the public hearing on the proposed assessments for sidewalk improvements in Engineering Project 88-765 and that the City Clerk be instructed to publish a notice of the public hearing and to mail a notice of the public hearing to each property owner in the benefit district. Aye: (5). Nay: (0) . Motion adopted. Action 89-182 89-183 89-184 (8.3) First Reading 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. Greg Bengtson, City Attorney, reviewed the Presbyterian Manor IRB applications and explained that Salina Presbyterian Manor, Inc. had not completed all the requirements necessary for the ordinance to be introduced and adopted in one day, that it will not be necessary for the City Commission to declare an emergency to adopt the ordinance on second reading today and asked that Resolution 89-4083 be tabled. 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 introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (8.4) Mayor declares a public emergency in relation to adoption of Ordinance Number 89-9320. The Commission took no action. (8.5) Second Reading 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. The Commission took no action. (8.6) Resolution Number 89-4083, authorizing the City of Salina, Kansas, to accept and consent to the assignment by Salina Presbyterian Manor, Inc., Tenant pursuant to a certain lease agreement dated as of June 1, 1978, as supplemented by a supplemental lease dated as of April 1, 1987 of its interest in said lease by virtue of a merger of Salina Presbyterian Manor, Inc., a Kansas Non -Profit corporation into United Presbyterian Foundation of Kansas, a Kansas Non -Profit corporation pursuant to which the Corporate existence of Salina Presbyterian Manor, Inc., will terminate and united Presbyterian Foundation of Kansas will succeed to all liability and rights of Salina Presbyterian Manor, Inc. immediately following such merger, United Presbyterian Foundation of Kansas will thereafter be named Presbyterian Manors, Inc. a Kansas Non -Profit corporation. Moved by Commissioner Ryan, seconded by Commissioner Frank that Resolution Number 89-4083 be tabled indefinitely. Aye: (5). Nay: (0). Motion adopted. (8.7) Resolution Number 89-4084, authorizing and establishing certain charges for the operation of the Salina Municipal Golf Course, amending Resolution Number 83-3630 and repealing the existing resolution. Steve Snyder, Director of Parks and Recreation, explained the necessity of raising the fees for this enterprise fund to maintain the quality of maintenance of the golf course. He said there is public support for the fee change. Moved by Commissioner Frank, seconded by Commissioner Beggs that Resolution Number 89-4084, authorizing and establishing certain charges for the operation of the Salina Municipal Golf Course, amending Resolution Number 83-3630 and repealing the existing resolution, be adopted. Aye: (5). Nay: (0). Motion adopted. Action 89-185 89-186 (8.8) Resolution Number 89-4085, establishing the rental rates for the Neighborhood Centers, which shall be effective as of July 1, 1989, and repealing all resolutions and all motions or actions in conflict therewith. Steve Snyder, Director of Parks and Recreation, explained the necessity of establishing the rental fees and booking procedures. Moved by Commissioner Frank, seconded by Commissioner Ryan that Resolution Number 89-4085, establishing the rental rates for the Neighborhood Centers, which shall be effective as of July 1, 1989, and repealing all resolutions and all motions or actions in conflict therewith, be adopted. Aye: (5) . Nay: (0) . Motion adopted. OTHER BUSINESS The Mayor announced that one person attended the "Commissioners Listening Post" on Saturday morning. He said the City Commissioners will reevaluate the Listening Post at the end of 15 weeks. Mayor Warner announced there will be no City Commission meeting on Monday, May 29 in observance of the Memorial Day Holiday. ADJOURNMENT Moved by Commissioner Ryan, seconded by Commissioner Divine that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0) . Motion adopted. The meeting adjourned at 5:04 p.m. [SEAL] (ATTEST: u.+�..� Jacque ine Shiever, City Clerk ep . Warner, Mayor