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01-23-1989 MinutesAction CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS JANUARY 23, 1989 7:00 p.m. The Regular Meeting of the Board of Commissioners met in the Conference Room of the Smoky Hill Museum, 211 West Iron, on Monday, January 23, 1989, at 7:00 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: Ii= CITIZEN FORUM Mayor Soderberg thanked Tom Pfannenstiel, Smoky Hill Museum Director, for inviting the City Commission to meet at the the Smoky Hill Museum and for the tour of the collections and exhibits. (3.1) Invitation to citizens to comment on the Smoky Hill Museum. There were no comments about the Museum Tom Pfannenstiel, Museum Director, welcomed the City Commissioners and the public to the museum and then reviewed the activities and exhibits of the museum during the past year and told about the plans for 1989. George Toland, 908 Highland, expressed his appreciation for the time the City Commissioners spend on city business. He said there is better enforcement of the animal control ordinance and the sanitation ordinance, which has cost very little but makes the community considerably better. He said the City is better because of the City Forester program. He expressed his concerns about the time spent in pre -commission meeting and that the City Commissioners are insulated and protected from the public with the strictly structured pre -commission meetings because it takes from three to six weeks to be scheduled to appear at a pre -commission meeting. He also said he will be greatly disturbed if the "Constitution Tree" dies because the Salina -Saline County Building Authority won't authorize it being watered. He thanked the Commissioners for the good things they have done for Salina. John Birchell, Saline County Community Corrections, reviewed proposed projects to be undertaken by the Correction Board, such as the rehabilitation and restoration of the county cemetery and a running trail work station. He said these projects will be accomplished by Community Service work crews with no expense to governmental entities for materials or labor. AWARDS - PROCLAMATIONS None PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None Commission 89-016 89-017 89-018 CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting January 9, 1989. Moved by Commissioner Justus, seconded by Commissioner Ryan that the Minutes of the Regular Meeting January 9, 1989 be approved. Mayor Soderberg asked that the Minutes regarding the adoption of Resolution Number 89-4046 be expanded to include the names of Dean Boyer, City Engineer, who was appointed the representative and Dennis Kissinger, City Manager, was appointed the alternate of Wholesale Water Supply District Number 10. The Mayor called for a vote on Commission Action Number 89-016. Aye: (5) . Nay: (0) . Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Conditional Use Application 88-6, filed by Alice Denning, for a Conditional Use Permit to allow a professional office in an R-2 (Multi -Family Residential) District for property at 324 South Ohio, be denied. Roy Dudark, Director of Planning and Community Development, reviewed the recommendation of the City Planning Commission to deny the application. He said the Board of Zoning Appeals reviewed the application after the City Planning Commission, and after considerable negotiation, recommended that the Conditional Use Application be approved subject to certain conditions. Alice Denning, the applicant, discussed the change of address and parking conditions and that she doesn't anticipate a large number of clients at any one time. Kaye Crawford, 2087 Norton, was present representing her elderly mother who owns the lot adjacent to the requested Conditional Use property. She said the Board of Zoning Appeals negotiations were fair and that she feels the address change will help any confusion about access to the property, and that she believes there won't be any problem with the parking with the changes in the parking requirements. Bill Miller, 828 South Tenth, said he presented the original petition. He asked that the City Commission refer the Conditional Use Application back to the City Planning Commission with a recommendation for favorable consideration. Moved by Commissioner Frank, seconded by Commissioner Justus that Conditional Use Application 88-6 be returned to the City Planning Commission for further favorable consideration taking into account the negotiations done by the Board of Zoning Appeals for an address change to The Midway and parking requirements. Aye: (5) . Nay: (0) . Motion adopted. ADMINISTRATION (8.1) Ordinance 89-9300, providing for the vacation of a portion of Dry Creek Drainage right-of-way. [Consider this ordinance for adoption on second reading] Greg Bengtson, City Attorney reviewed the circumstances which prompted the necessity of the vacation of the right-of-way in exchange for an access easement to the flood control right-of-way. Moved by Commissioner Warner, seconded by Commissioner Frank that Ordinance Number 89-9300, providing for the vacation of a portion of Dry Creek Drainage right-of-way be adopted. Ben J. Frick, 120 Overhill Road, asked the City Commission to delay action on the adoption of this ordinance until he has had sufficient time to learn what effect this structure will have on the ponding capability of the floodway channel of Dry Creek. He said there is always a problem of runoff when rains are significant. ission 89-019 89-020 89-021 89-022 Greg Bengtson, City Attorney, explained that the public hearing on this item was held on January 9, at which time there was no public comment and that an ordinance to vacate the right-of-way was introduced at that meeting. He said he did not bring his complete file but would be happy to return to his office for that file. Dennis Kissinger, City Manager, explained that the vacation of a small portion of Dry Creek right-of-way will pose no obstruction to any flood water. Barbara Young, representing Hixson & Lehenbauer, explained the problem concerning the addition to an existing building was discovered when they sold a tract of land and it was discovered that a small portion of the building addition was built on the right-of-way. Moved by Commission Warner, seconded by Commissioner Frank that the item be tabled until later in the meeting to give the City Attorney sufficient time to return to his office for his file on the matter. Aye: (5). Nay: (0). Motion adopted. (8.2) Resolution Number 89-4047, authorizing the Mayor and City Clerk to execute an agreement with Wilson and Company, Engineers and Architects for a study of the wastewater treatment facility in the Schilling Industrial Area to provide adequate treatment capabilities to the year 2020. Mr. Boyer explained the necessity of the study and the terms of the contract with Wilson and Company and that the study will be funded from utility revenue. Commissioner Frank asked that all City staff time be recorded so that the full cost of the study is determined so the City Commission will know if such a study could be done more efficiently in house rather than let a contract. Mr. Boyer explained that City staff does not have the time or expertise to complete such a study because Wilson and Company will use 3 to 5 people and that it will take them 1 to 2 years to complete. Mayor Soderberg asked that the wording of the Resolution be changed to reflect the study will be for wastewater treatment facilities to provide adequate treatment capabilities for the City to the year 2020. Moved by Commissioner Ryan, seconded by Commissioner Justus that Resolution Number 89-4047, authorizing the Mayor and City Clerk to execute an agreement with Wilson and Company, Engineers and Architects for a study of the wastewater treatment facilities to provide adequate treatment capabilities for the City to the year 2020, be adopted. Aye: (5). Nay: (0). Motion adopted. (8.3) Resolution Number 89-4048, establishing a Special Law Enforcement Trust Fund and transferring money and proceeds from the sale of property acquired by the Law Enforcement Division of the City into said fund. Bob Biles, Finance Director, explained the changes in the 1988 Session Laws which provide for the creation of a Special Law Enforcement Fund. The Commissioners discussed how the funds are obtained and how they may be expended. Moved by Commissioner Frank, seconded by Commissioner Warner that Resolution Number 89-4048, establishing a Special Law Enforcement Trust Fund and transferring money and proceeds from the sale of property acquired by the Law Enforcement Division of the City into said fund, be adopted. Aye: (5). Nay: (0) . Motion adopted. (8.4) Resolution Number 89-4049, appointing members to the Salina -Saline County Emergency Preparedness Board. Moved by Commissioner Justus, seconded by Commissioner Frank that Resolution Number 89-4049, appointing members to the Salina -Saline County Emergency Preparedness Board, be adopted. Aye: (5) . Nay: (0) . Motion adopted. Commission 89-023 89-024 89-025 (8.5) Staff report on formation of Handicapped Accessibility Advisory Committee. Peter Brown, Public_ Information Officer, reported on the meeting held at 2:30 p.m. Monday afternoon at the OCCK. He said OCCK will take the initiative by convening a public meeting on Tuesday, February 7th at 7 p.m. at OCCK to gain comments on handicapped accessibility in Salina, identify people who will be willing to assist the city staff in reviewing and setting priorities for a Community Development Block Grant proposal to eliminate barriers to the handicapped and to identify citizens who will be willing to review the City's draft plan on ramping. Mayor Soderberg asked that these points be outlined in the next city Commission packet. The City Commission took no action. (8.6) Request from City staff for Commission policy direction regarding rental or lending of Bicentennial Center equipment and furnishings for off -premise use. Dennis Kissinger, City Manager, reviewed the necessity of a policy by the City Commission concerning the loaning or rental of Bicentennial Center equipment. Bill Harris, reviewed the present policy regarding equipment and asked the City Commission to establish a firm direction upon which a policy may be drafted. Moved by Commissioner Warner, seconded by Commissioner Frank that staff be directed to establish a policy concerning the rental of Bicentennial Center equipment. That the equipment be limited to public entities and not-for-profit agencies which are partially City tax supported, at a nominal or no rental fee. Aye: (5) . Nay: (0) . Motion adopted. (8.7) Request from City staff for City Commission approval to sell the IBM System 36 computer to Acquisitions, Inc. for $62,000.000. Mary Kindlesparger, Data Processing Manager, explained the bidding process and explained that the offer was exceptionally good in view of the fact that IBM will be making a marketing announcement before the end of the month which could significantly devalue the used equipment. Moved by Commissioner Justus, seconded by Commissioner Frank that the Mayor be authorized to sign an agreement with Acquisitions, Inc. to purchase the City's IBM System 36 computer. Aye: (5). Nay: (0). Motion adopted. (8.1) Ordinance Number 89-9300, providing for the vacation of Dry Creek Drainage right-of-way. Moved by Commissioner Justus, seconded by Commissioner Frank that the item be removed from the table for consideration. Aye: (5) . Nay: (0) . Motion adopted. Greg Bengtson, said when he returned from his office, he and Don Hoff, Assistant City Engineer, met with Mr. Frick in the hall and discussed the maps. Mr. Frick expressed his concerns about the building encroaching in the floodway. Mr. Hoff explained the building does not encroach on the floodway. B►y.D��I Mayor Soderberg called for a vote on Commission Action 89-018. Aye: Frank, Justus, Ryan, Warner, Soderberg (5). Nay: (0). Motion adopted. Commission ion 89-026 89-027 89-028 (8.8) Presentation by Roger Edgar, George K. Baum and Company, on financial advisory services offered by George K. Baum and Company. Roger Edgar, Vice President of George K. Baum and Company, reviewed his company's staff and expertise in the bond market business and explained the services his company will provide as financial advisor for the City from project inception to bond closing. He explained that the fees the Company will receive come from a small service charge on each bond issue. An agreement will be on the January 30, 1989 agenda for consideration. No action required by the City Commission. OTHER BUSINESS (9.1) Call a special meeting of the Board of Commissioners for Monday, January 30, at 4 p.m. to consider regular agenda items. Moved by Commissioner Warner, seconded by Commissioner Ryan that a Special Meeting of the Board of Commissioners be called for Monday, January 30, 1989 at 4 p.m. to consider regular agenda items. (9.2) Resolution Number 89-4050, appointing members to the Saline County Community Corrections Board, be adopted. [Appointing Tom Gregoire, Vicki Bonilla, Tom Olson as the City representatives] Moved by Commissioner Warner, seconded by Commissioner Ryan that Resolution Number 89-4050, appointing members to the Saline County Community Corrections Board be adopted. Aye: (5) . Nay: (0) . Motion adopted. ADJOURNMENT Moved by Commissioner Frank, seconded by Commissioner Ryan that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0) . Motion adopted. The meetinp adjourned at 9:19 p.m. Sy ney%Soderber,f Mayor [SEAL] ATTEST: Jacque ine Shiever, City Clerk