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10-17-1988 MinutesAction 88-338 88-339 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS OCTOBER 17, 1988 7:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, October 17, 1988, 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 Robert K. Biles, City Clerk Dennis M. Kissinger, City Manager Absent: None CITIZEN FORUM The Mayor asked for the other Commissioners' consent to address Item 8.9, Resolution Number 88-4020, authorizing the reletting of the College Park Nursing Center, as the first item under Administration. The Commission, by concensus, approved this rearrangement of the agenda. AWARDS - PROCLAMATIONS (4.1) The Mayor proclaimed the Week of October 23 through 30, 1988 as "NATIONAL RED RIBBON WEEK." The proclamation was read by Loni Walls of the Coalition Against Alcohol and Drug Abuse. (4.2) The Mayor proclaimed the Month of October, 1988 as " NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH." The proclamation was read by David Greiser. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting October 10, 1988. Moved by Commissioner Warner, seconded by Commissioner Frank that the Consent Agenda item be approved. Aye: (5). Nay: (0). Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission recommending that Zoning Application 88-11, filed by the Salina Airport Authority for rezoning of 80 acres in the vicinity of Centennial and Water Well Roads. jIntrod uce Ordinance Number 88-9285 for first reading] Moved by Commissioner Frank, seconded by Commissioner Ryan that the recommendation of the City Planning Commission be accepted, that Zoning Application 88-11 be approved, and that Ordinance Number 88-9285, an ordinance 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. Action 88-340 88-341 88-342 88-343 ADMINISTRATION (8.9) Resolution Number 88-4020, authorizing the reletting of the College Park Nursing Center. City Attorney Bengtson briefly outlined the history of the College Park Nursing Center before he introduced Terry Cupps of Foulston, Siefkin, Powers and Eberhardt, Wichita, and Steve Larigan of Bank IV, Wichita. Mr. Cupps discussed the activities undertaken by Bank IV since Bank IV had assumed control of College Park Nursing Center. Mr. Cupps indicated all approvals and necessary legal opinions had been gathered except for the City Commission's approval. Mr. Cupps also explained the obligations of the original lessee, Realty Management, and the proposed lessee, CPV Health Care Centers. Mr. Cupps introduced Douglas Wright, Chauncey Godwin and Roger Jacobson of CPV Health Care Centers. Mr. Jacobson, President of Southern Health Enterprises, discussed the ownership of CPV Health Care Centers and his history in the health care field. Mr. Jacobson stated Southern Health Enterprises would be providing management for the facility and then listed some of the service levels which would be offered. Moved by Commissioner Ryan, seconded by Commissioner Frank that Resolution Number 88-4020, authorizing the reletting of the College Park Nursing Center, be adopted. Aye: (5) . Nay: (0) . Motion adopted. (8.1) Second Reading Ordinance Number 88-9279, providing for the vacation of roadway easement on the East 50 feet of Lots 1 and 9, Block C, Park West Addition to the City of Salina, Saline County, Kansas, and for a break in the restricted access control on the west side of Broadway Boulevard. Moved by Commissioner Warner, seconded by Commissioner Frank that Ordinance Number 88-9279, providing for the vacation of roadway easement on the East 50 feet of Lots 1 and 9, Block C, Park West Addition to the City of Salina, Saline County, Kansas, and for a break in the restricted access control on the west side of Broadway Boulevard, be adopted. Aye: Frank, Justus, Ryan, Warner, Soderberg (5) . Nay: (0) . Motion adopted. (8.2) Second Reading Ordinance Number 88-9280, providing for the vacation of a portion of a certain frontage road in Parkwood Village Addition to the City of Salina, Saline County, Kansas. Moved by Commissioner Justus, seconded by Commissioner Ryan that Ordinance Number 88-9280, providing for the vacation of a portion of a certain frontage road in Parkwood Village Addition to the City of Salina, Saline County, Kansas, be adopted. Aye: Frank, Justus, Ryan, Warner, Soderberg (5). Nay: (0) . Motion adopted. (8.3) Second Reading Ordinance Number 88-9281, terminating the Mobile Home Craftsman Board of Examiners and the Housing Advisory and Appeals Board and consolidating the functions of the Mobile Home Craftsman Board of Examiners and the Housing Advisory and Appeals Board under the Building Codes Advisory and Appeals Board, designating duties of the Building Official under such consolidation, and amending Sections 8-16, 8-24, 18-41, 18-42, 18-46, 18-47, 22-52, 22-53, 22-54, 22-57, 22-58, 22-59 and 22-63 of the Salina Code and repealing the existing Sections 8-16, 8-24, 18-41, 18-42, 18-46, 18-47, 22-52, 22-53, 22-54, 22-55, 22-56, 22-57, 22-58, 22-59 and 22-63. Moved by Commissioner Frank, seconded by Commissioner Warner that Ordinance Number 88-9281, terminating the Mobile Home Craftsman Board of Examiners and the Housing Advisory and Appeals Board and consolidating the functions of the Mobile Home Craftsman Board of Examiners and the Housing Advisory and Appeals Board under the Building Codes Advisory and Appeals Board, designating duties of the Building Official under such consolidation, and amending Sections 8-16, 8-24, 18-41, 18-42, 18-46, 18-47, 22-52, 22-53, 22-54, 22-57, 22-58, 22-59 and 22-63 of the Salina Code and repealing the existing Sections 8-16, 8-24, 18-41, 18-42, 18-46, 18-47, 22-52, 22-53, 22-54, 22-55, 22-56, 22-57, 22-58, 22-59 and 22-63, be adopted. Aye: Frank, Justus, Ryan, Warner, Soderberg (5). Nay: (0). Motion adopted. Action 88-344 88-345 (8.4) Second Reading Ordinance Number 88-9282, amending Section 8-364 of the Salina Code relating to surety bond requirements for demolition of buildings and repealing the existing section. Moved by Commissioner Justus, seconded by Commissioner Frank that Ordinance Number 88-9282, amending Section 8-364 of the Salina Code relating to surety bond requirements for demolition of buildings and repealing the existing section, be adopted. Aye: Frank, Justus, Ryan, Warner, Soderberg (5) . Nay: (0) . Motion adopted. (8.5) First Reading Ordinance Number 88-9283, amending Section 42-507 of the Salina Code by adding a definition of decorative signs and revising the definition of mobile signs; amending Article X of Chapter 42 of the Salina Code by adding Section 42-508 specifying limitations for use of temporary signs including decorative signs, advertising signs for special public events and mobile signs and repealing the existing Section 42-507. Roy Dudark, Director of Planning and Community Development, outlined the contents of the proposed ordinance, specifically addressing the proposed regulations for pennants and temporary signs. Randy Duncan, 302 Irene, presented the position statement of the Salina Area Chamber of Commerce. From his personal perspective, Mr. Duncan urged the City Commission to move slowly in establishing regulations on signage. Don Dieckhoff, 18 Crestview Drive, President of Waddell Cadillac, expressed his opposition to the ordinance. Mr. Dieckhoff stated his belief that pennants do attract business. Moved by Commissioner Justus, seconded by Commissioner Warner that Ordinance Number 88-9283 be referred back to the Planning Commission for reconsideration; specifically to extend the time for compliance to at least 150 days for mobile signs, drop the specific distance on placement of mobile signs and let the enforcement officer make a judgement as to whether they are a safety hazard, eliminate sections referring to banners, flags, etc. from the ordinance and allow four (4) permits to be issued for mobile signs per year with 60 days set as the yearly maximum for mobile sign displays. Aye: (5) . Nay: (0) . Motion adopted. (8.6) First Reading Ordinance Number 88-9284, levying the annual business improvement district service fees for 1989 applicable to all businesses located within the Salina Business Improvement District Number 1 and repealing Ordinance Number 88-9234. Judy Ewalt, Salina Downtown, Inc., indicated the proposed assessment rates in the ordinance differed from those presented on October 10th due to the removal of non -fee producing parking lots from the assessment structure. Chris Hoffman, President of Business Improvement District Number 1 , indicated those supporting the District are willing to do so for another one to two years in order to determine the benefits derived from the District. Cal Stansberry, Salina Blueprint, asked the City Commission how long the assessment would run, whether he had any recourse and if the straw ballot would continue. Mr. Stansberry also stated his feeling that downtown businesses should not have to carry all the expenses of the recent improvements. Mayor Soderberg and City Manager Kissinger addressed Mr. Stansberry's questions by stating the District is assessed on a yearly basis, a petition could disband the District and that the BID will be encouraged to maintain the straw poll. Mike Loop, Tony's Restaurant, stated his opposition to his assessment increasing from $87 to $561. Mr. Loop asked hardship exemptions be considered. Morrie Soderberg, 2127 Edgehill, agreed the BID needed the money; however, Mr. Soderberg asked the City Commission to investigate the effect reappraisal will have on downtown businesses. Mr. Soderberg indicated one property he is associated with will have property taxes increase from $6,000 to more than $16,000. Action 88-346 88-347 88-348 88-349 88-350 88-351 Commissioner Justus asked the BID Board of Advisors to keep downtown businesses informed of the BID's programs as well as providing updates for the City Commission. Moved by Commissioner Warner, seconded by Commissioner Frank that Ordinance Number 88-9284, levying the annual business improvement district service fees for 1989 applicable to all businesses located within the Salina Business Improvement District Number 1 and repealing Ordinance Number 88-9234, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. (8.7) Resolution Number 88-4018, authorizing the Mayor to sign an agreement with Kennedy and Coe, Certified Public Accountants, for an audit of city records for the year ending December 31, 1988, for a cost of not to exceed $25,000. Moved by Commissioner Justus, seconded by Commissioner Ryan that Resolution Number 88-4018, authorizing the Mayor to sign an agreement with Kennedy and Coe, Certified Public Accountants, for an audit of city records for the year ending December 31, 1988, for a cost of not to exceed $25,000, be amended to read "Section 1 ... at a cost of not to exceed $25,000" and adopted as amended. Aye: (5) . Nay: (0) . Motion adopted. (8.8) Resolution Number 88-4019, authorizing the Mayor to sign two agreements with Central Kansas Amateur Radio Club for construction of two antennae on the Gypsum Hill Water Tower. Moved by Commissioner Frank, seconded by Commissioner Warner that consideration of Resolution Number 88-4019 be tabled until October 24, 1988. Aye: (5). Nay: (0). Motion adopted. (8.10) Set November 14, 1988 at 2:00 p.m., C.S.T. as the date and time to receive bids on General Obligation Bonds, Series FLP -234. Moved by Commissioner Warner, seconded by Commissioner Justus that the Date of November 14, 1988 be set to receive bids on General Obligation Bonds, Series FLP -234, and that the City Clerk be instructed to publish the notice to bidders. Aye: (5). Nay: (0). Motion adopted. (8.11) Set November 14, 1988 at 2:00 p.m., C.S.T as the date and time to receive bids on 1988 Water Revenue Bonds. Moved by Commissioner Frank, seconded by Commissioner Ryan that the date of November 14, 1988 be set to receive bids on Water Revenue Bonds and that the City Clerk be instructed to publish the notice to bidders. Aye: (5) . Nay: (0) . Motion adopted. (8.12) Discussion concerning the allocation of Special Alcohol Program Funds. As requested in the prepared material for the Agenda Item, the City Commission directed City staff to 1) not assign a higher priority to any of the goals set forth in K.S.A. 79-41a04, 2) set two years as the minimum number of years an organization must have been in operation before being considered for funding and 3) establish a biennial allocation process with a yearly reporting requirement and re -affirmation of funding. OTHER BUSINESS Mayor Soderberg presented a letter from John Miller, 116 Overhill Road, regarding a traffic island to city staff. 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 adjourne at 8:41 p.m. [SEAL] ATTEST: S dne Soderberg, Mayor ert K. Biles, City Clerk