03-27-1989 MinutesAction
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
MARCH 27, 1989
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, March 27, 1989, at 4:00 p.m.
There were present:
Commissioner Joseph A. Warner, Chairman presiding
Commissioner Robert E. Frank
Commissioner Vi Justus
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:
Mayor Sydney Soderberg
CITIZEN FORUM
Mr. Virg Lundberg, a member of the Pigeon Committee of Salina
Downtown, Inc., reviewed the request made on March 20, 1989 by the Committee
for $2,000 to help eliminate the pigeon problem in the Downtown Business
District and other shopping center areas. He explained that since last week the
committee was required to answer 13 ridiculous questions and the cost of the
pigeon problem could escalate to $10,000 or less. He said he wouldn't ask for
that kind of money, and that, as of this time, the pigeon committee is now
disbanded.
Acting Mayor 'Varner said they
had such high hopes last
week
that the
problem could be solved and asked if
the committee would meet
with
staff to
work out the problems. Mr. Lundberg
said the committee members
would meet,
and that staff has their telephone
numbers because they
are
all local
businessmen. Acting Mayor Warner asked the City Manager to
set a
meeting
date and time. Mr. Lundberg asked
a City Commissioner to
be
present.
Commissioner Frank volunteered.
Commissioner Justus asked staff to pursue pigeon abatement the same
as abatement of other nuisances and the possibility of assessing it to the
property owners.
AWARDS - PROCLAMATIONS
(4.1) The Acting Mayor proclaimed the Month of April as "CHILD ABUSE
PREVENTION MONTH." The proclamation was read by Andrew Stierwalt,
Director of the Coalition for the Prevention of Child Abuse.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting March 20, 1989.
89-113 Moved by Commissioner Ryan, seconded by Commissioner Frank that
the Consent Agenda item be approved. Aye: (4). Nay: (0). Motion adopted.
Action
89-114
89-115
89-116
DEVELOPMENT BUSINESS
(7.1) Second Reading Ordinance 89-9301, 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 88-3, filed by Monty Montee and Danny Heuhl for
annexation of Country Oaks Estates Addition. This ordinance was
introduced for first reading on January 9, 1989]
Roy Dudark, Director of Planning and Community Development,
reviewed the history of the annexation and zoning applications.
Moved by Commissioner Frank, seconded by Commissioner Justus that
Ordinance Number 89-9301, 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: Frank, Justus, Ryan, Warner (4) . Nay: (0) . Mayor Soderberg
absent. Motion adopted.
(7.2) Second Reading Ordinance 89-9302, 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.
[Planned Development District Application 88-4, filed by Monty Montee and
Danny Heuhl for the development of Country Oaks Estates Addition. This
ordinance was introduced for first reading on January 9, 19891
Roy Dudark, Director of Planning and Community Development,
reviewed the rezoning application.
Moved by Commissioner Justus, seconded by Commissioner Ryan, that
Ordinance Number 89-9302, 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:
Frank, Justus, Ryan, Warner (4). Nay: (0). Mayor Soderberg absent. Motion
adopted.
Commissioner Frank thanked Messers. Montee and Huehl for sticking
with the process over the past two years because they accomplished a nice
addition to the City.
ADMINISTRATION
(8.1) Report on bids received March 16, 1989 for the purchase of certain
vehicles and equipment.
[Award the contracts as recommended]
Dennis Kissinger, City Manager, said the City asked for options to
buy equipment or vehicles outright or with a trade. He explained the City staff
recommendations.
Commissioner Frank asked if the specifications for the street sweeper
included a service agreement and said he believes the contract should go to the
low bidder in order to stay within the budgeted dollars. He asked staff to
reconsider the recommendation for the street sweeper and report back on March
27.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
the contracts for vehicles and equipment be awarded as recommended with the
exception of the street sweeper. Aye: (4) . Nay: (0) . Motion adopted.
(8.2) Report on bids received March 16, 1989 for the sale of golf course
equipment.
[Award the contracts as recommended]
Steve Snyder, Director of Parks and Recreation, said 10 pieces of
used golf course equipment were advertised for sale. He said five of the pieces
received bids above the minimum acceptable price and the other equipment will
be retained for use or as trade-in on equipment to be purchased in the future.
Action
89-117
89-118
89-119
89-120
Moved by Commissioner Ryan, seconded by Commissioner Justus that
the five pieces of used golf course equipment be sold as recommended. Aye:
(4) . Nay: (0) . Motion adopted.
(8.3) Report on bids received March 23, 1989 for River Development, Phase
I. [Award the Contract to Frank Construction Company, Inc. in the amount of
$64,350.001
Dean Boyer, City Engineer, reviewed the bids for the improvement of
500 yards of the Smoky Hill River.
Moved by Commissioner Justus, seconded by Commissioner Ryan that
the recommendation of staff be accepted and the contract awarded to Frank
Construction Company, Inc. in the amount of $64,350.00. Aye: (3) . Nay: (0) .
Commissioner Frank abstained. Motion adopted.
Mr. R. W. Bull, Chairman of the River Development Committee was
present. He thanked the City Commission for the river development and said it
has been an interesting year. He asked that the Committee meet with the City
Commission later to determine the continuation of the Committee. He added that
the Community Correction people will start clearing brush and unmarked trees
from the banks of the river from the Salina Journal building to the dam.
(8.4) Resolution Number 89-4071, Authority to Award Contract and
Commitment of City Funds. [Construction of the Broadway Overpass]
Dean Boyer explained this resolution is required by KDOT and commits
city funds for this project.
Commissioner Justus asked for an explanation of the width of the
overpass project.
Dennis Kissinger, City Manager, said the overpass driving lanes will
be widened to 121.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
Resolution Number 89-4071, authority to award contract and commitment of city
funds be adopted. Aye: (4). Nay: (0). Motion adopted.
(8.5) Resolution Number 89-4072, authorizing and directing the issuance of a
Municipal Temporary Note, PT -101, of the City of Salina, Kansas, in an
aggregate principal amount of $395,000 for the purpose of providing funds to
pay the construction of improvements to the Broadway Overpass Structure in the
City.
The Commissioners and staff discussed the legal language in the
temporary note resolution.
Moved by Commissioner Justus, seconded by Commissioner Frank that
Resolution Number 89-4072, authorizing and directing the issuance of a Municipal
Temporary Note, PT -101, of the City of Salina, Kansas, in an aggregate
principal amount of $395,000 for the purpose of providing funds to pay the
construction of improvements to the Broadway Overpass Structure in the City,
be adopted. Aye: (4) . Nay: (0) . Motion adopted.
(8.6) Resolution Number 89-4073, authorizing the Mayor to execute and the
City Clerk to attest an agreement between the City of Salina, Kansas and the
Saline County Sheriff's Mounted Patrol and Rescue Squad for use of the Rescue
Squad's facilities as a temporary fire station during the construction phase of
the Broadway Overpass.
Commissioner Frank thanked staff for negotiating an excellent
agreement with the Saline County Sheriff's Mounted Patrol and Rescue Squad.
Action
89-121
Commissioner Ryan said he must leave the meeting early and asked
that the Commissioners consider Administration Item 8.9 next.
(8.9) Request from Vickie Chaffee, Representative of Kansas Association of
Public Employees, Topeka, Kansas, for City Commission consideration of a
proposal to recognize Salina City Employees under the Public Employer Employee
Relations Act. K.S.A. 75-4321(c).
Mr. Wyatt Avery, Representative of Kansas Association of Public
Employees asked the City Commission to adopt the resolution approving
acceptance of the Public Employer Employee Relations Act. He explained Kansas
Statutes require the City Commission to take affirmative action to recognize the
Public Employer Employee Relations Act and that a number of employees have
asked KAPE to represent them with City management regarding employment. He
then reviewed the statutory requirements for an election by the employees for
KAPE to represent the local organization. He explained that adoption of PEERA
would be a recognition by any governing body of local government that
employers and employees need a format in which communication can occur in an
atmosphere of good faith. He said failure to adopt the act, when requested, can
stem from the fact that either the city does not understand the purpose of the
act or the governing body has concluded it is not in the public interest to deal
with the interests of its employees. He urged the adoption of the resolution.
Acting Mayor Warner said the matter needs examination and the City
Commission needs to take some time to determine all the implications.
Commissioner Justus specifically asked if any other organizations
represent public employees or if any other public employees represent
themselves. She also asked the amount of the dues required and how much goes
to the State and local units.
Mr. Avery said the local organization represents the local members but
the State organization will provide legal representation for $8 each month for
each employee.
After statements by each Commissioner concurring with Acting Mayor
Warner that the Board of Commissioners needs time to consider the matter, the
City Manager suggested that he and staff look into the matter, set up study
sessions, look at all the important implications and come back to the Board of
Commissioners in the next couple of weeks outlining options, time frame and some
methods of approaching this important issue.
Ronald York,
Moved by Commissioner Frank, seconded by Commissioner Ryan that
Resolution Number 89-4073, authorizing
the Mayor
to execute and the City Clerk
to attest
an agreement between the City
of Salina,
Kansas and the Saline County
Sheriff's
Mounted Patrol and Rescue
Squad for
use of the Rescue Squad's
facilities
as a temporary fire station
during the construction phase of the
Broadway
Overpass, be adopted. Aye:
(4) . Nay:
(0) . Motion adopted.
Commissioner Ryan said he must leave the meeting early and asked
that the Commissioners consider Administration Item 8.9 next.
(8.9) Request from Vickie Chaffee, Representative of Kansas Association of
Public Employees, Topeka, Kansas, for City Commission consideration of a
proposal to recognize Salina City Employees under the Public Employer Employee
Relations Act. K.S.A. 75-4321(c).
Mr. Wyatt Avery, Representative of Kansas Association of Public
Employees asked the City Commission to adopt the resolution approving
acceptance of the Public Employer Employee Relations Act. He explained Kansas
Statutes require the City Commission to take affirmative action to recognize the
Public Employer Employee Relations Act and that a number of employees have
asked KAPE to represent them with City management regarding employment. He
then reviewed the statutory requirements for an election by the employees for
KAPE to represent the local organization. He explained that adoption of PEERA
would be a recognition by any governing body of local government that
employers and employees need a format in which communication can occur in an
atmosphere of good faith. He said failure to adopt the act, when requested, can
stem from the fact that either the city does not understand the purpose of the
act or the governing body has concluded it is not in the public interest to deal
with the interests of its employees. He urged the adoption of the resolution.
Acting Mayor Warner said the matter needs examination and the City
Commission needs to take some time to determine all the implications.
Commissioner Justus specifically asked if any other organizations
represent public employees or if any other public employees represent
themselves. She also asked the amount of the dues required and how much goes
to the State and local units.
Mr. Avery said the local organization represents the local members but
the State organization will provide legal representation for $8 each month for
each employee.
After statements by each Commissioner concurring with Acting Mayor
Warner that the Board of Commissioners needs time to consider the matter, the
City Manager suggested that he and staff look into the matter, set up study
sessions, look at all the important implications and come back to the Board of
Commissioners in the next couple of weeks outlining options, time frame and some
methods of approaching this important issue.
Ronald York,
president of the local
KAPE organization, said money is
not an issue with the
members of the Salina
KAPE
organization. He said
employees were given
a 4% cost of living
raise and
help with health care
benefits. He said the
main issue here is
that some
employees want better
communication with management and that right
now there
isn't any.
Acting Mayor Warner clarified the concerns of the Board of
Commissioners and directed the City Manager and staff to take a look at this
issue, plan work sessions for the Board of Commissioners to consider the issue
and reach a decision in the near future, but to give it the time it deserves.
Commissioner Ryan left.
Action
89-122
89-123
89-124
89-125
(8.7) Recommendation from the Parks and Recreation Advisory Board that
Lots 11 , 12, 13, Block 5 and Lots 1 , 2, 4, 24, 25, 26, 27, 28, 29 and 30, Block
6, Meyer Addition be retained by the City of Salina for development as a
neighborhood park.
Steve Snyder, Director of Parks and Recreation, reviewed the Parks
and Recreation Advisory Board recommendation that a 3.5 acre park would be an
ideal addition to the park system and recommended the City Commission retain
the property for the development of a neighborhood park in Meyer Addition.
Commissioner Frank asked that sidewalks on Ohio Street from the
crosswalk and on Republic Street to the park be considered in future Capital
Improvement Programs.
Moved by Commissioner Frank, seconded by Commissioner Justus that
the recommendation of the Parks and Recreation Advisory Board be accepted and
that the property in Blocks 5 and 6 Meyer Addition be retained for a
neighborhood park. Aye: (3). Nay: (0). Motion adopted.
(8.8) Request by Lonnie Henderson to purchase of Lots 21, 22, 23, Block 6,
Meyer Addition.
Moved by Commissioner Justus, seconded by Commissioner Frank that
the request by Lonnie Henderson to purchase Lots 21, 22, 23, Block 6, Meyer
Addition be accepted with the condition that sufficient land be dedicated for the
construction of a cul-de-sac and that staff be authorized to enter into a contract
for the sale of the property. Aye: (3). Nay: (0). Motion adopted.
(8.10) Set the date of April 13, 1989 to receive bids for the sale of two
parcels of South Park Cottage property at 615 South Eleventh Street.
Moved by Commissioner Frank, seconded by Commissioner Justus that
April 13, 1989 be set as the date to receive bids for the sale of two parcels of
the South Park Cottage property at 615 South Eleventh Street, and that the City
Clerk be instructed to advertise for bids. Aye: (3) . Nay: (0) . Motion
adopted.
OTHER BUSINESS
Acting Mayor Warner commended the Police Department for its part in
the success of the drug bust in conjunction with the Saline County Sheriff and
Saline County Attorney which resulted in 5 arrests and the seizure of a large
amount of methamphetamine.
ADJOURNMENT
Moved by Commissioner Frank, seconded by Commissioner Justus that
the Regular Meeting of the Board of Commissioners be adjourned. Aye: (3) .
Nay: (0). Motion adopted. The meeting adjourn d at :28 p.m.
S dne Soderber , Ma
yordn#eSoyor
[SEAL]
ATTEST:
Jacqueline Shiever, City Clerk