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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