01-09-1989 MinutesAction
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE
JANUARY 9, 1989
4:00 p.m.
BOARD OF COMMISSIONERS
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, January 9, 1989, at 4:00 p.m.
There were present:
Mayor Sydney Soderberg, Chairman presiding
Commissioner Robert E. Frank
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:
Commissioner Vi Justus
CITIZEN FORUM
Steve Farrar, 210 Gail, discussed his correspondence with the Mayor
and City Manager about handicapped ramps needed in the construction of new
city sidewalks and that it took the city approximately 2 months to respond to his
concerns, and by that time he had contacted the Attorney General.
City Manager Kissinger apologized for the miscommunication between
his office and Mr. Farrar, and said there was never any intention not to comply
with the law.
Commissioner Warner reprimanded the City staff for not knowing the
requirements for the project and said the Commission is totally committed to
handicapped accessibility and recommended the appointment of an access
compliance task force so this never happens again. The other commissioners
concurred in the reprimand.
Howard Richard Allen, Smolan, Kansas, said he worked construction
with Wilson Constructors for a number of years. They built sidewalks for
Lindsborg in 1985 which included handicapped ramps because the handicapped
law has been in effect since 1979.
Gary Cook, Director of OCCK, said he supports the appointment of a
task force for accessibility compliance.
Bill Rowson, 1518 Hickory, asked the City Commission to declare a
"handicapped awareness day," and that each Commissioner be designated a
handicap, one with a hearing disability, one with a seeing disability, one with a
physical disability and for each Commissioner to spend eight hours in that role
to see how difficult it is.
AWARDS - PROCLAMATIONS
(4.1)
The Mayor presented plaques of
appreciation to E. L. Bengtson,
past
member
of the Housing Authority of the
City of Salina; Chuck Carroll,
past
member
of the Salina BID Design Review
Board; Chuck Leahy, Barbara Knight
and Kenneth
Colborn, past members of the Disciplinary Advisory Board;
Mac
Steele,
past member of the Convention and Tourism Committee; Tom Dunn,
past
member
of the Recreation Commission.
(4.2) The Mayor proclaimed Sunday, January 15, 1989 as "MARTIN LUTHER
KING, JR. COMMEMORATION DAY." The proclamation was read by Sarah
Gardenhire, Member of the ad hoc committee of the NAACP.
KUM1n-Cox
Action
89-001
89-002
88-003
X88-004
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing on the vacation of certain Dry Creek right-of-way for
Hixson - Lehenbauer.
(5.1) Ordinance Number 89-9300, providing for the vacation of certain
flood control right-of-way. [Consider this ordinance for introduction on
first reading]
The Mayor declared the public hearing open.
There were no comments, written or oral.
The Mayor declared the public hearing closed.
Moved by Commissioner Warner, seconded by Commissioner Ryan, that
Ordinance Number 89-9300, providing for the vacation of certain flood control
right-of-way, be introduced for first reading. Aye: (4) . Nay: (0) . Motion
adopted.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting December 19, 1988.
(6.2) Petition Number 3965, filed by the safety committee of the Heusner
PTA, requesting sidewalk on East Ellsworth from Ohio to Norton Streets. [Refer
to the City Engineer for a recommendation]
Moved by Commissioner Frank, seconded by Commissioner Warner, that
all items on the Consent Agenda be approved. Aye: (4) . Nay: (0) . Motion
adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission that Annexation
Application 88-3, filed by Danny Huehl and Monty Montee, be approved.
[Introduce Ordinance Number 89-9301 for first reading]
Moved by Commissioner Frank, seconded by Commissioner Ryan that
the recommendation► of the City Planning Commission be accepted, that
Annexation Application 88-3 be approved and that 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, be introduced for first reading. Aye: (4).
Nay: (0). Motion adopted.
Ken Wasserman, attorney representing the applicants, was present to
answer the questions raised by the Commissioners concerning the development of
the area into a manufactured home PDD.
(7.2) Recommendation from the City Planning Commission that PDD
Application 88-4, filed by Monty Montee and Danny Huehl, for the rezoning of a
37.7 acre tract located at the southwest corner of 1-135 and Schilling Road from
AG (Agricultural) to PDD (Planned Development District), be approved.
[Introduce Ordinance Number 89-9302 for first reading]
Moved by Commissioner Warner, seconded by Commissioner Frank that
the recommendation of the City Planning Commission be accepted, that PDD
Application 88-4 be approved, and 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 introduced for first reading. Aye: (4). Nay: (0).
Motion adopted.
Action
88-005
88-006
89-007
89-008
89-009
ADMINISTRATION
(8.1) Ordinance Number 89-9198, amending Chapter 2, Article X of the
Salina Code pertaining to the Salina Business Improvement District Design Review
Board; amending Sections 2-206, 2-207, 2-209 and repealing the existing
sections. [Consider this ordinance for adoption on second reading]
Moved by Commissioner Ryan, seconded by Commissioner Frank that
Ordinance Number 89-9198, amending Chapter 2, Article X of the Salina Code
pertaining to the Salina Business Improvement District Design Review Board;
amending Sections 2-206, 2-207, 2-209 and repealing the existing sections, be
adopted. Aye: Frank, Ryan, Warner, Soderberg (4) . Nay: (0) . Commissioner
Justus absent. Motion adopted.
(8.2) Ordinance Number 89-9299, amending Chapter 2, Article II of the
Salina Code by enacting Section 2-21 setting the salaries of the members of the
Board of City Commissioners pursuant to Charter Ordinance Number 24.
[Consider this ordinance for adoption on second reading]
Moved by Commissioner Frank, seconded by Commissioner Ryan that
Ordinance Number 89-9299, amending Chapter 2, Article II of the Salina Code by
enacting Section 2-21 setting the salaries of the members of the Board of City
Commissioners pursuant to Charter Ordinance Number 24, be adopted. Aye:
Frank, Ryan, Warner, Soderberg (4) . Nay: (0) . Commissioner Justus absent.
Motion adopted.
(8.3) Report on the validity of Petition Number 3964, filed by James R.
Waters, for certain utility improvements in Waters Addition and City Engineer
files a feasibility report on the improvements.
Moved by Commissioner Warner, seconded by Commissioner Ryan that
the City Engineer's report on the validity of Petition 3964 for certain utility
improvements in Waters Addition be accepted and that the feasibility report be
accepted as filed. Aye: (4) . Nay: (0) . Motion adopted.
(8.4) Resolution 89-4043, amending Section 2(c) of Resolution Number
88-4016 regarding volunteer citizen boards, commissions and committees of the
City of Salina. [changing the expiration date of Salina Arts and Humanities
Commission to August]
Moved by Commissioner Ryan, seconded by Commissioner Frank that
Resolution 89-4043, Amending Section 2(c) of Resolution Number 88-4016
regarding volunteer citizen boards, commissions and committees of the City of
Salina, be adopted. Aye: (4) . Nay: (0) . Motion adopted.
(8.5) Resolution 89-4044, authorizing the Mayor to execute a lease agreement
between the City of Salina and Fred E. Young for real estate to be used for a
mechanical pitching machine operation.
Moved by Commissioner Warner, seconded by Commissioner Ryan that
Resolution 89-4044, authorizing the Mayor to execute a lease agreement between
the City of Salina and Fred E. Young for real estate to be used for a mechanical
pitching machine operation, be approved. Aye: (4) . Nay: (0) . Motion
adopted.
Steve Snyder, Director of the Salina Parks and Recreation, explained
this lease is for a coin-operated, four -booth batting cage, as a service to the
ball -playing public.
(8.6) Disposition of offer received from William N. Miller for the purchase of
Lots 14, 15 and 16, Block 5, Meyer Addition.
Mr. Miller was present to answer any questions.
Action
89-010
89-011
89-012
89-013
89-014
89-015
OTHER BUSINESS
The Mayor, with the consent of the other Commissioners, added
Resolutions 89-4045 and 89-4046 to the agenda for consideration, and said the
City Commissioners would recess into executive session.
(9.1) Resolution Number 89-4045, appointing members to certain volunteer
citizen boards, commissions and committees of the City of Salina, Kansas.
Moved by Commissioner Warner, seconded by Commissioner Ryan that
Resolution Number 89-4045, appointing members to certain volunteer citizen
boards, commissions and committees of the City of Salina, Kansas, be adopted.
Aye: (4) . Nay: (0) . Motion adopted.
(9.2) Resolution Number 89-4046, appointing the city representative and
alternate to wholesale water supply district number 10. [This resolution names
Dean Boyer, City Engineer as the representative and Dennis Kissinger, City
Manager as the Alternate]
Moved by Commissioner Ryan, seconded by Commissioner- Warner that
Resolution Number 89-4046, appointing the city representative and alternate to
wholesale water supply district number 10, be adopted. Aye: (4) . Nay: (0) .
Motion adopted.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
the City Commission recess into executive session to consult with the City
Attorney regarding matters involving the Revels, Inc., Community Development
Block Grant Loan which would be deemed privileged in the the attorney-client
relationship and matters which relate to confidential financial data of Revels,
Inc. and to reconvene in this room in 10 minutes or 5:15 p.m.
The City Commission recessed into executive session at 5:04 p.m. and
reconvened at 5:16 p.m.
Moved by Commissioner Ryan, seconded by Commissioner Warner that
the City (1) accept from Revels, Inc. a deed in lieu of foreclosure for the
facility and surrounding real estate located on Graves Boulevard, commonly
known as "the Carousel Building" and that the Mayor be authorized to execute
any documents necessary to implement such acceptance. (2) That city staff be
authorized to have a formal appraisal of the property conducted by a qualified
appraiser. (3) That a real estate broker be engaged to market the property,
such realtor to be designated by Mr. Charles Walker, subject to review and
approval by the City Manager. Aye: (4). 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: (4) .
Nay: (0) . Motion adopted. The meeting adjour ed at 5:19 p.m.
[SEAL]
ATTEST:
1 do y Soder erg, Mayor
o.ae w.,.� � �t e,� 4,v
Jacqueline Shiever, City Clerk
Moved by Commissioner Ryan, seconded by Commissioner
Frank
that
the
recommendation of city staff be accepted and that the disposition
of Lots
14,
15,
16, Block 5, Meyer Addition be approved with the conditions that: (1)
the
Buyer will acquire Lot 2, Block 5, Meyer Addition from the Seller
in exchange
for
the Seller acquiring Lot 11, Block 5, Meyer Addition from the
Buyer;
(2)
that
the Buyer agrees to dedicate sufficient right-of-way on Lots
14 and
15,
Block
5, Meyer Addition to provide for a 50 foot cul-de-sac, and (3) that
the
City
agrees to vacate the North-South utility easement on the east
line of
Lot
14,
Block 5, Meyer Addition should Lot 13, Block 5, Meyer Addition become a
part
of a neighborhood park be added to the contract for the sale
of the
real
estate. Aye: (4) . Nay: (0) . Motion adopted.
OTHER BUSINESS
The Mayor, with the consent of the other Commissioners, added
Resolutions 89-4045 and 89-4046 to the agenda for consideration, and said the
City Commissioners would recess into executive session.
(9.1) Resolution Number 89-4045, appointing members to certain volunteer
citizen boards, commissions and committees of the City of Salina, Kansas.
Moved by Commissioner Warner, seconded by Commissioner Ryan that
Resolution Number 89-4045, appointing members to certain volunteer citizen
boards, commissions and committees of the City of Salina, Kansas, be adopted.
Aye: (4) . Nay: (0) . Motion adopted.
(9.2) Resolution Number 89-4046, appointing the city representative and
alternate to wholesale water supply district number 10. [This resolution names
Dean Boyer, City Engineer as the representative and Dennis Kissinger, City
Manager as the Alternate]
Moved by Commissioner Ryan, seconded by Commissioner- Warner that
Resolution Number 89-4046, appointing the city representative and alternate to
wholesale water supply district number 10, be adopted. Aye: (4) . Nay: (0) .
Motion adopted.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
the City Commission recess into executive session to consult with the City
Attorney regarding matters involving the Revels, Inc., Community Development
Block Grant Loan which would be deemed privileged in the the attorney-client
relationship and matters which relate to confidential financial data of Revels,
Inc. and to reconvene in this room in 10 minutes or 5:15 p.m.
The City Commission recessed into executive session at 5:04 p.m. and
reconvened at 5:16 p.m.
Moved by Commissioner Ryan, seconded by Commissioner Warner that
the City (1) accept from Revels, Inc. a deed in lieu of foreclosure for the
facility and surrounding real estate located on Graves Boulevard, commonly
known as "the Carousel Building" and that the Mayor be authorized to execute
any documents necessary to implement such acceptance. (2) That city staff be
authorized to have a formal appraisal of the property conducted by a qualified
appraiser. (3) That a real estate broker be engaged to market the property,
such realtor to be designated by Mr. Charles Walker, subject to review and
approval by the City Manager. Aye: (4). 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: (4) .
Nay: (0) . Motion adopted. The meeting adjour ed at 5:19 p.m.
[SEAL]
ATTEST:
1 do y Soder erg, Mayor
o.ae w.,.� � �t e,� 4,v
Jacqueline Shiever, City Clerk