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02-27-1989 MinutesAction 89-075 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS FEBRUARY 27, 1989 4:07 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, February 27, 1989, at 4:07 p.m. There were present: Mayor Sydney Soderberg, Chairman presiding Commissioner Robert E. Frank Commissioner Vi Justus Commissioner Stephen C. Ryan Commissioner Joseph A. Warner comprising a quorum of the Board, also present: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Jacqueline Shiever, City Clerk Absent: None None None CITIZEN FORUM AWARDS - PROCLAMATIONS PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting February 13, 1989. (6.2) Authorize the City Clerk to issue Taxi Cab Licenses for Radio -Cab -Yellow Taxi and AI's City Taxi. (6.3) Authorize the City Clerk to issue Surety on Bail Bond Licenses for E.P. Nichols Bonding and B & K Bonding. Moved by Commissioner Warner, 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 PDD Application 88-5, filed by Bank IV of Salina, Trustee of the Graves Trusts, for the rezoning of property in the South # of Section 20, Township 14 South, Range 2 West from District A-1 (Agricultural) to PDD (Planned Development District) with R-2 (Multiple -Family Residential District) (with modifications), be approved. [Introduce Ordinance 89-9313 for first reading] Roy Dudark, Director of Planning and Community Development, explained the scope of the three applications, that two are for PDD rezoning and one is for annexation of approximately 49 acres. He said the applications provide for the long-range planning of the area, which will be developed in phases as there is a demand for growth for single family dwellings and townhouses. He explained the time frame for the development of Blocks 1 and 2 is 5 years, Blocks 3 and 4 10 years, Block 5 15 years, and Block 6 20 years. The entire development should be completed within 25 years of the adoption of the ordinances. Action , 89-076 89-077 89-078 .89-079 James T. Graves, 23 Crestview Drive, representing Bank IV, the petitioner, was present to answer questions concerning the project. He discussed the vacation of Cloud Street in the county and the relocation of Cloud Street traffic to Mariposa Drive between Marymount Road and Markley Road. The Commissioners and Mr. Dudark discussed the compatibility of the development with the comprehensive plan, the proposed elementary school for the area, storm drainage for the area and the future need for a water tower. Moved by Commissioner Ryan, seconded by Commissioner Frank that the recommendation of the City Planning Commission be accepted, that PDD Application 88-5 be approved, and that Ordinance 89-9313, 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 PDD Application 88-6, filed by Bank IV of Salina, Trustee of the Graves Trusts, for the rezoning of property in the South I of Section 20, Township 14 South, Range 2 West from District AG (Agricultural Saline County) to PDD (Planned Development District with R-1 (Single -Family Residential) and R-2 (Multiple Family Residential District) (with modifications), be approved. [Introduce Ordinance 89-9314 for first reading] Moved by Commissioner Frank, seconded by Commissioner Warner that the recommendation of the City Planning Commission be accepted, that PDD Application 88-6 be approved, and that Ordinance Number 89-9314, 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. (7.3) Recommendation from the City Planning Commission that Annexation Application 88-5, filed by Bank IV of Salina, for the annexation of 48.57 acres in Section 20, Township 14 South, Range 3 West (East of Marymount Road and north of Cloud Street), be approved. [Introduce Ordinance 89-9315 for first reading] Moved by Commissioner Justus, seconded by Commissioner Ryan that the recommendation of the City Planning Commission be accepted, that Annexation Application 88-5 be approved, and the Ordinance Number 89-9315, 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. Aye: (5). Nay: (0). Motion adopted. (7.4) Recommendation from the City Planning Commission that Zoning Application 89-4, filed by the City Planning Commission, for amendment of Section 42-172, 42-173, 42-174 and 42-175 pertaining to the classification of uses, lot size requirements and bulk regulations of dwellings in District R-2 (Multiple -Family Residential) , be approved. [introduce Ordinance 89-9316 for first reading] Moved by Commissioner Frank, seconded by Commissioner Justus that the recommendation of the City Planning Commission be accepted, that Zoning Application 89-4 be approved, and that Ordinance Number 89-9316, amending Chapter 42 of the Salina Code pertaining to the classification of uses, lot size requirements and bulk regulations of dwellings in the R-2 (Multiple -Family Residential) District; amending Sections 42-172, 42-173, 42-174, 42-175 and repealing the existing sections, be introduced for first reading. Aye: (5). Nay: (0) . Motion adopted. Action 89-080 89-081 —89-082 (7.5) Recommendation from the Department of Planning and Community Development that March 20 and April 10 be set as the date for public hearings on the 1989 Kansas Small Cities Community Development Block Grant Community Improvement Program. Moved by Commissioner Warner, seconded by Commissioner Ryan that the recommendation of the Department of Planning and Community Development be accepted and that March 20 and April 10 be set as the dates for public hearings on the 1989 Kansas Small Cities Community Development Block Grant Community Improvement Program. Aye: (5) . Nay: (0) . Motion adopted. (7.6) Recommendation from the Department of Planning and Community Development that March 6 and April 3 be set as the date for public hearings on the 1989 Kansas Small Cities Community Development Block Grant Economic Development Program. Moved by Commissioner Justus, seconded by Commissioner Ryan that the recommendation of the Department of Planning and Community Development be accepted and that March 6 and April 3 be set as the dates for public hearings on the 1989 Kansas Small Cities Community Development Block Grant Economic Development Program. Aye: (5) . Nay: (0) . Motion adopted. (7.7) Recommendation from the Department of Planning and Community Development that the Revolving Loan Program, to reuse CDBG housing rehabilitation program income, be adopted. Roy Dudark, Director of Planning and Community Development explained how the revolving loan program would allow for the reuse of the Community Development Block Grant income and that only direct loans would be made at 3% interest. The amount and repayment schedule will be based upon the borrower's ability to repay the loan, so that the revolving fund would become somewhat self-sustaining. Mayor Soderberg asked that the rules be changed to require the applicant to be present when any appeal comes before the Board of City Commissioners. ADMINISTRATION (8.1) Consideration of acceptance of Fox Theatre Building. Dr. Tom Wilson, 164 Mt. Barbara, a member of the Chamber of Commerce task force encouraged the City Commission to accept the theatre as a gift and look at the acceptance of the theatre in a positive light. He said that a renovated theatre could enhance the community. Mayor Soderberg acknowledged the presence of Donnie Marrs, Char Chapman and Gerald Cook, other members of the task force. Andy Peel, 751 Commanche, expressed his concern about the cost of the free gift of the theatre to the taxpayers. He also asked if the theatre would pay for itself or if it would have to be subsidized. Dennis Kissinger, City Manager, reviewed the 4 options open to the City Commission at this time and discussed with the Commissioners the possible use of the building before the renovation is completed. Moved by Commissioner Justus, seconded by Commissioner Warner that the City of Salina accept the Fox Theatre Building from Dickinson, Inc. as a gift, that the building be stabilized and "mothballed" then studied further to determine if the City should keep it and bring it up to standard. Commissioner Warner asked the Commissioners to "sign off" on the roof at this time. Dennis Kissinger, City Manager, suggested that when a major decision concerning repair of the building needs to be made, it would be brought before the City Commission for direction. Action 89-083 89-084 After statements by each Commissioner, the Mayor called for a roll call vote on Commission Action Number 89-082. Aye: Justus, Warner, Soderberg (3). Nay: Frank, Ryan (2). Motion adopted. (8.2) Consideration of possible action on Parks and Recreation Advisory Board Report and recommendation on lighting of Bill Burke Park Baseball Diamonds. Steve Snyder, Director of Parks and Recreation, reviewed the recommendation of the Parks and Recreation Advisory Board. He reported that the board identified the problems of early starting times, parking and safety. The Board recommended the lighting of five diamonds at this time, that the games be scheduled to be completed prior to 10:00 p.m., that the area be cleared and the lights off by 10:30 p.m., and that a curfew of 11:00 p.m. be established for Bill Burke Park. The board recommends that only the most technologically advanced lighting system be installed in this area, that fences be installed to allow multiple use of the fields by both adults and youth, that alcohol be strictly prohibited in the vicinity of youth games, and that during the planning and construction of the recreational facilities, all environmental concerns be addressed prior to and during such construction. Parking, time restrictions, tree screenings, type of lighting and other factors should be carefully considered. The board projected an estimated cost of lighting 5 diamonds at $135,000 to $150,000 and fencing at $25,000. Mr. Snyder and the Commissioners discussed the curfew, the Parks and Recreation Board recommendations, restrictions of other ball fields, other lighted areas, the consumption of alcohol and the use of the fields. Beverly Konzem, Chairperson of the Parks and Recreation Board was also present and commented that Steve covered the material in the report very well. Dennis Kissinger, City Manager, discussed the funding for the project. He said funds do exist and that approval is a matter of the City Commission's priorities. He said the project is not presently on the Capital Improvement Projects, but it may be funded by issuing bonds under K.S.A. 13-1024a for $175,000 to be paid over a 10 year period, but that it lends itself to be paid from sales taxes rather than bonding. Mr. Andy Peele, 751 Commanche, said he supports this project. Moved by Commissioner Frank, seconded by Commissioner Warner that the recommendation of the Parks and Recreation Advisory Board be accepted and that five ball diamonds in Bill Burke Park be lighted. Mayor Soderberg called for a roll call vote on Commission Action Number 89-083. Aye: Frank, Justus, Ryan, Warner, Soderberg (5). Nay: (0). Motion adopted. Moved by Commissioner Ryan, seconded by Commissioner Frank that Fall 1989 be established as the construction time for the lighting of five ball diamonds in Bill Burke Park, that staff be instructed to give the City Commission funding options for the financing of the project, and that staff also be instructed to draft the required ordinance to spell out the safeguards recommended in the Parks and Recreation report so that the City Commission may look at it before it funds the project. Aye: (5) . Nay: (0) . Motion adopted. The Commissioners asked when they could anticipate the report. The City Manager said staff will be looking at the Capital Improvement Projects in the next 30 days, but it may require another 30 days to fully determine the best options. Andy Peele, 751 Commanche, asked why lights are on at the tennis courts late at night when no one is using the courts. He asked about making them coin operated. Dennis Kissinger, City Manager, discussed the maintenance involved with coin operated systems. Action 89-085 89-086 89-087 89-088 Steve Snyder, Director of Parks and Recreation, discussed the timing mechanisms used for the lights and explained that they may be adjusted according to the needs of the events. He said lights are not on timers at the ball diamonds. They must be operated by a key to the system. Commissioner Justus asked that the Parks and Recreation Board look at the consumption of alcohol at the different parks and report back to the City Commission with a recommendation. (8.3) Reconsideration of Petition Number 3965 for sidewalk on Ellsworth Avenue from Ohio to Norton, tabled at the February 13, 1989 meeting. Moved by Commissioner Warner, seconded by Commissioner Frank that Petition Number 3965 be removed from the table for consideration. Aye: (5). Nay: (0) . Motion adopted. Moved by Commissioner Frank, seconded by Commissioner Warner that the sidewalk be approved for installation on the north side of Ellsworth Avenue from the West line of Ohio Street to the East line of Roach Street. Aye: (5). Nay: (0) . Motion adopted. Commissioner Warner asked if the sidewalks will be constructed with handicapped ramps. The City Manager assured him the sidewalk will have ramps from Ohio to Heusner School. (8.4) Request for approval for a temporary fire station north of the railroad tracks during the Broadway Overpass Project. Staff reported an agreement has been negotiated with the Saline County Mounted Patrol and Rescue Squad for the temporary lease of their building at Broadway Boulevard and North Street for a period of 6 to 12 months during the construction of the Broadway Overpass for an approximate cost of $21,800. The City Commissioners approved the temporary fire station north of the railroad tracks during the Broadway Overpass Project construction by consensus. (8.5) Recommendation from the EMS Division of the Salina Fire Department to purchase three (3) Zoll-P.D., non-invasive pacemaker/defibrillators, from Zoll-ZMI Corporation, Woburn, MA for a purchase price of $21 ,000. Moved by Commissioner Warner, seconded by Commissioner Ryan that the purchase of three (3) Zoll-P.D., non-invasive pacemaner/defibrillators, from Zoll-ZMI, Corporation, Woburn, MA, for a purchase price of $21,000, be approved. Aye: (5) . Nay: (0) . Motion adopted. (8.6) Recommendation from the City Manager to authorize a letter of support for Senate Bill No. 165 relating to airport authorities. Tim Rogers, Executive Director of the Salina Airport Authority, explained the Senate Bill clarifies the language of K.S.A. 27-319 so as to ensure the continued tax-exempt status of the Salina Airport Authority property. The Salina Airport Authority is the only one affected by this bill. Moved by Commissioner Ryan, seconded by Commissioner Warner that the City Manager be authorized to send a letter of support for Senate Bill #165. Aye: (5). Nay: (0). Motion adopted. (8.7) Resolution 89-4062, authorizing the Mayor to execute an agreement with Wilson 8 Company, Engineers and Architects, for engineering design services for the water treatment plant rehabilitation and expansion and high service pumping facilities, for an amount not to exceed $654,000. Robert Crawford, partner of Wilson and Company, Engineers and Architects, explained the agreement and the extent of the improvements. Action 89-089 89-090 89-091 89-092 Moved by Commissioner Frank, seconded by Commissioner Ryan that Resolution Number 89-4062, authorizing the Mayor to execute an agreement with Wilson 8 Company, Engineers and Architects, for engineering design services for the water treatment plant rehabilitation and expansion and high service pumping facilities, for an amount not to exceed $654,000, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.8) Resolution 89-4063, appointing members to the Building Codes Advisory and Appeals Board, Heritage Commission, Library Board, Salina Airport Authority, Salina Business Improvement District Number 1 Advisory Board and the Tree Advisory Board (ad hoc committee) . Moved by Commissioner Warner, seconded by Commissioner Frank that Resolution Number 89-4063, appointing members to the Building Codes Advisory and Appeals Board, Heritage Commission, Library Board, Salina Airport Authority, Salina Business Improvement District Number 1 Advisory Board and the Tree Advisory Board (ad hoc committee), be adopted. Aye: (5). Nay: (0). Motion adopted. (8.9) Resolution 89-4064, establishing the rental rates for the Bicentennial Center, which shall be effective as of July 1, 1989, and repealing all resolutions and all motions or actions in conflict therewith. Bili Harris, Director of the Salina Bicentennial Center, explained that the request for rate increase is approximately 10%, with only a few exceptions. He said the last rate increase became effective July 1, 1985. The Commissioners and Mr. Harris discussed the subsidy of the Bicentennial Center, the rate increase and the ability to rent the building. Mr. Harris said the Bicentennial Center is still very competitive with the Wichita and Topeka facilities. Moved by Commissioner Justus, seconded by Commissioner Ryan that Resolution 89-4064, establishing the rental rates for the Bicentennial Center, 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. (8.10) Resolution 89-4065, amending Sections 1-6 of the Personnel Manual regarding definitions and amending Sections IV -1 , IV -2, IV -3, IV -8 of the Personnel Manual regarding employee benefits, and repealing the existing sections. Dennis Kissinger, City Manager, explained these amendments provide for the payment of partial benefits for classified part-time employees who work from 20 to 30 hours a week. He said the policy will affect three currently employed part-time employees and will allow more flexibility in the use of part-time employees and provide more fairness. Moved by Commissioner Justus, seconded by Commissioner Warner that Resolution 89-4065, amending Sections 1-6 of the Personnel Manual regarding definitions and amending Sections IV -1, IV -2, IV -3, IV -8 of the Personnel Manual regarding employee benefits, and repealing the existing sections, be adopted. Aye: (5) . Nay: (0) . Motion adopted. OTHER BUSINESS Mayor Soderberg commented on the medical malpractice letter the Commissioners received in their packets. The Commissioners said the letter was well done and instructed the City Manager to send it to the Governor and Legislators. Mayor Soderberg said that she will have options for the Commissioners to consider in the packet next week concerning "Coffee with the Commissioners." Action 89-093 Mayor Soderberg reminded the Commissioners to have their City Manager evaluations to Commissioner Warner by Thursday. Mayor Soderberg announced that a special assessment policy will be considered at the March 6, 1989 meeting. 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 6:29 p.m. Sydne Soderber , Mayor [SEAL] ATTEST: Jacqueline Shiever, City Clerk