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