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12-12-1988 MinutesCommission CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS DECEMBER 12, 1988 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, December 12, 1988, at 4:00 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 Robert K. Biles, City Clerk Dennis M. Kissinger, City Manager Absent: None None None CITIZEN FORUM AWARDS - PROCLAMATIONS PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA With the consent of the City Commissioners, Mayor Soderberg removed Agenda Item 6.3 from the Consent Agenda and placed it for consideration as the first item under Administration. (6.1) Approve the Minutes of the Regular Meeting November 28, 1988. (6.2) Petition Number 3964, filed by James R. Waters for the relocation of existing sanitary sewer facilities which currently run through the north portion of Lot 1, Block 1, Waters Addition. The new facilities would be located along the west sides of Lots 1 and 2, Block 1 , Waters Addition, and along the north side of said Lot 2. [This petition should be referred to the City Engineer for a recommendation. ] (6.3) Resolution Number 88-4034, a resolution adding to the established fee to be charged to users of the City of Salina Solid Waste Disposal Area; adding to Resolution Number 83-3654. 88-415 1 Moved by Commissioner Warner, seconded by Commissioner Frank that that all items on the consent agenda, except Item 6.3, be approved. Aye: (5) . Nay: (0) . Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Annexation Application 88-2, filed by the Salina Airport Authority, for annexation of approximately 80 acres in SjSEj 3-15-3 (Northwest corner of Centennial and Water Well Roads), be approved. [Introduce Ordinance Number 88-9295 for first reading] Commission 88-416 88-417 88-418 88-419 88-420 88-421 Moved by Commissioner Warner, seconded by Commissioner Frank that the City Planning Commission's Policy 88-1 regarding improvement of major streets abutting proposed developments be approved. Aye: (5). Nay: (0). Motion adopted. Moved by Commissioner Justus, seconded by Commissioner Ryan that the recommendation of the City Planning Commission be accepted, that Annexation Application 88-2 be approved and that Ordinance Number 88-9295, 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. ADMINISTRATION (6.3) Resolution Number 88-4034, a resolution adding to the established fee to be charged to users of the City of Salina Solid Waste Disposal Area; adding to Resolution Number 83-3654. Frank Weinhold, Director of Community Services, indicated a lower fee should be set for roll -off containers, as they hold less material than a compactor. Moved by Commissioner Frank, seconded by Commissioner Ryan that Resolution Number 88-4034, a resolution adding to the established fee to be charged to users of the City of Salina Solid Waste Disposal Area; adding to Resolution Number 83-3654, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.1) Resolution Number 88-4035, adopting salary schedule and pay plan for 1989. Moved by Commissioner Frank, seconded by Commissioner Warner that Resolution Number 88-4035, adopting the salary schedule and pay plan for 1989, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.2) Resolution Number 88-4036, authorizing the execution of a cooperation agreement pursuant to the Kansas Local Residential Housing Finance Law, K.S.A. 12-5219 et seq., as amended, between the cooperating jurisdiction and Sedgwick County, Kansas, and Shawnee County, Kansas (the "issuers"), authorizing the issuers to exercise, on behalf of the cooperating jurisdiction, the authority and powers conferred by the Kansas Local Residential Housing Finance Law in connection with the issuance by the issuers of their GNMA collateralized mortgage revenue bonds. Moved by Commissioner Justus, seconded by Commissioner Ryan that Resolution Number 88-4036, authorizing the execution of a cooperation agreement pursuant to the Kansas Local Residential Housing Finance Law, K.S.A. 12-5219 et seq., as amended, between the cooperating jurisdiction and Sedgwick County, Kansas, and Shawnee County, Kansas (the "issuers") , authorizing the issuers to exercise, on behalf of the cooperating jurisdiction, the authority and powers conferred by the Kansas Local Residential Housing Finance Law in connection with the issuance by the issuers of their GNMA collateralized mortgage revenue bonds, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.3) Resolution Number 88-4037, directing public notice of application for vacation of a portion of Dry Creek drainage right-of-way. [Petition 3959 filed by Michael Montoya for Hixson and Lehenbauer for vacation of certain flood control property around their building on Lot 1 , Block 1, Hixson-Lehenbauer Subdivision on Harlan Road. This resolution sets January 9, 1989 for public hearing. ) Moved by Commissioner Warner, seconded by Commissioner Justus that Resolution Number 88-4037, directing public notice of application for vacation of a portion of Dry Creek drainage right-of-way, be adopted. Aye: (5) . Nay: (0) . Motion adopted. Commission 88-422 88-423 88-424 88-425 88-426 (8.4) Resolution Number 88-4038, authorizing the Mayor and City Clerk to execute an agreement with Mid -Continent Engineers of Salina, Kansas, for engineering services to prepare detailed construction plans for the rehabilitation of the Oakdale Bridge, in an amount not to exceed twenty-one thousand four hundred dollars ($21,400). Moved by Commissioner Frank, seconded by Commissioner Justus that Resolution Number 88-4038, authorizing the Mayor and City Clerk to execute an agreement with Mid -Continent Engineers of Salina, Kansas, for engineering services to prepare detailed construction plans for the rehabilitation of the Oakdale Bridge, in an amount not to exceed twenty-one thousand four hundred dollars ($21,400), be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.5) Introduction for first reading Ordinance Number 88-9296, electing that the revestment of title Act of the State of Kansas shall apply to the City of Salina, Kansas. City Manager Kissinger noted the suggestion to use the revestment procedure carne from an employee within the Finance Department. Moved by Commissioner Ryan, seconded by Commissioner Frank that Ordinance Number 88-9296, electing that the revestment of title Act of the State of Kansas shall apply to the City of Salina, Kansas, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (8.6) Introduction for first reading Charter Ordinance Number 25, exempting the City of Salina, Kansas from the provisions of K.S.A. 13-1024 and providing substitute and additional provisions on the same which relate to general improvements and the issuance of bonds for the purpose of paying for said improvements. Mayor Soderberg stated Charter Ordinance Number 25 was the result of action taken in November to rescind Charter Ordinance Number 23 in order to avoid a special election on December 29, 1988 and the associated cost. Moved by Commissioner Warner, seconded by Commissioner Justus that Charter Ordinance Number 25, exempting the City of Salina, Kansas from the provisions of K.S.A. 13-1024 and providing substitute and additional provisions on the same which relate to general improvements and the issuance of bonds for the purpose of paying for said improvements, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. (8.7) Introduction for first reading Ordinance Number 88-9297, calling an election for submission of Charter Ordinance 25 to a referendum. [This ordinance sets February 28 or April 4, 1989 as the date for an election.] Moved by Commissioner Justus, seconded by Commissioner Ryan that Ordinance Number 88-9297, calling an election for submission of Charter Ordinance 25 to a referendum, be introduced for first reading. Aye: (5). Nay: (0) . Motion adopted. (8.8) 1989 Vehicle and Equipment recommendations. Moved by Commissioner Warner, seconded by Commissioner Frank that the recommendations for 1989 vehicles and equipment, for a total cost not to exceed $562,200, be approved. Aye: (5). Nay: (0). Motion adopted. (8.9) Director of Finance will give a brief report on the results of the tax sale held on Tuesday, December 6, 1988. Bob Biles, Director of Finance, indicated City staff had actively bid on seventy-eight (78) properties located in the Mayfair and Meyer Additions. Sixteen (16) of the properties were purchased by other parties netting almost 83% of the $15,233 owned in back taxes, penalties, interest and court costs. The City purchased sixty-two (62) properties for $6,856.54, making the current investment, including back taxes, approximately $54,900. Mr. Biles indicated the City staff would like to place an item on the December 19th agenda regarding the disposition of properties. Commission 88-427 88-428 88-429 (8.10) Recess into executive session to discuss litigation. Moved by Commissioner Frank, seconded by Commissioner Ryan that the Board of Commissioners recess into executive session for consultation with the City Attorney regarding matters that would be deemed privileged in the attorney-client relationship, particularly pending litigation, and reconvene in approximately 15 minutes. Aye: (5). Nay: (0). Motion adopted. The Commission recessed at 5:05 p.m. and reconvened at 5:26 p.m. (8.11) Recess into executive session to discuss the evaluation of the City Manager. Moved by Commissioner Frank, seconded by Commissioner Justus that the Board of Commissioners recess into executive session to discuss a personnel matter relating to non -elected personnel, specifically the evaluation of the City Manager, and reconvene in approximately 30 minutes. Aye: (5) . Nay: (0) . Motion adopted. The Commission recessed at 5:27 p.m. and reconvened at 6:04 p.m. OTHER BUSINESS Mayor Soderberg said the City Commission will meet at 4:00 p.m. on Monday, December 19, 1988, rather than 7 p.m. Mayor Soderberg noted several Commissioners had indicated a conflict with a 7 p.m. meeting on that day, but they could meet at 4 p.m. 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 meeting adjourned at 6:05 p.m. S'ydne Soderberg, Mayor [SEAL] ATTEST: obVNBiles, City Zr_