08-22-1988 MinutesAction
88-268
88-269
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
AUGUST 22, 1988
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, August 22, 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
CITIZEN FORUM
The Mayor announced that the City of Salina received a gift from the
German documentary team which was in Salina in August.
AWARDS - PROCLAMATIONS
None
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting August 15, 1988
Moved by Commissioner Warner, seconded by Commissioner Frank that
the item on the Consent Agenda be approved as corrected. [The vote on
Commission Action 88-255: Aye: (3) . Nay: (0)) Aye: (5) . Nay: (0) . Motion
adopted.
None
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Second Reading Charter Ordinance Number 23, exempting the City of
Salina, Kansas from the provisions of K.S.A. 13-1024a 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.
Moved by Commissioner Justus, seconded by Commissioner Frank that
Charter Ordinance Number 23, exempting the City of Salina, Kansas from the
provisions of K.S.A. 13-1024a 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 adopted. Aye: Frank, Justus,
Ryan, Warner, Soderberg (5). Nay: (0). Motion adopted.
Action
88-270
88-271
88-272
88-273
88-274
(8.2) Second Reading Charter Ordinance Number 24, exempting the City of
Salina, Kansas from the provisions of K.S.A. 12-1008 and providing substitute
and additional provisions on the same which relate to salaries of members of
governing bodies.
Moved by Commissioner Frank, seconded by Commissioner Justus that
Charter Ordinance Number 24, exempting the City of Salina, Kansas from the
provisions of K.S.A. 12-1008 and providing substitute and additional provisions
on the same which relate to salaries of members of governing bodies be adopted.
Aye: Frank, Justus, Ryan, Warner, Soderberg (5) . Nay: (0) . Motion adopted.
(8.3) Second Reading Ordinance Number 88-9267, 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. [Zoning Application 88-7, filed by George Johnson, for
1-2 zoning on a 2.42 acre tract and that the remainder of the proposed tract in
Blocks 7, 8, 9, Schilling Subdivision be rezoned to 1-11
Moved by Commissioner Justus, seconded by Commissioner Ryan that
Ordinance Number 88-9267, 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
adopted. Aye: Frank, Justus, Ryan, Warner (4). Nay: Soderberg (1). Motion
adopted.
(8.4) Second Reading Ordinance Number 88-9274, regulating traffic within
the corporate limits of the City of Salina, Kansas; incorporating by reference the
"Standard Traffic Ordinance for Kansas Cities," Edition of 1988; and repealing
existing Salina Code Section 38-1.
Moved by Commissioner Warner, seconded by Commissioner Frank that
Ordinance Number 88-9274, regulating traffic within the corporate limits of the
City of Salina, Kansas; incorporating by reference the "Standard Traffic
Ordinance for Kansas Cities," Edition of 1988; and repealing existing Salina Code
Section 38-1 be adopted. Aye: Frank, Justus, Ryan, Warner, Soderberg (5) .
Nay: (0) . Motion adopted.
(8.5) Second Reading Ordinance Number 88-9276, providing for the adoption
and appropriation, by fund, of the budget of the City of Salina for the year
beginning January 1, 1989, and appropriating money from the various funds to
pay payrolls and claims against the City of Salina for the calendar year 1989.
Moved by Commissioner Ryan, seconded by Commissioner Warner that
Ordinance Number 88-9276, providing for the adoption and appropriation, by
fund, of the budget of the City of Salina for the year beginning January 1,
1989, and appropriating money from the various funds to pay payrolls and claims
against the City of Salina for the calendar year 1989 be adopted. Aye: Frank,
Justus, Ryan, Warner, Soderberg (5). Nay: (0). Motion adopted.
(8.6) Resolution Number 88-3992, requesting that the Director of Accounts
and Reports waive the requirements of law relating to the preparation of
financial statements and financial reports pursuant to K.S.A. 75-1120a for the
year 1988.
Moved by Commissioner Frank, seconded by Commissioner Ryan that
Resolution Number 88-3992, requesting that the Director of Accounts and Reports
waive the requirements of law relating to the preparation of financial statements
and financial reports pursuant to K.S.A. 75-1120a for the year 1988 be adopted.
Aye: (5) . Nay: (0) . Motion adopted.
Action
88-275
88-276
— 88-277
88-278
(8.7) Second Reading Ordinance Number 88-9277, requiring a city license,
levying a license fee, establishing business regulations and establishing penalties
relating to Class "A" Clubs in the City of Salina, Kansas, amending Sections
5-136, 5-138, 5-139, 5-146 of the Salina Code and repealing the existing
sections.
Moved by Commissioner Warner, seconded by Commissioner Ryan that
Ordinance Number 88-9277, requiring a city license, levying a license fee,
establishing business regulations and establishing penalties relating to Class "A"
Clubs in the City of Salina, Kansas, amending Sections 5-136, 5-138, 5-139,
5-146 of the Salina Code and repealing the existing sections, be adopted. Aye:
Frank, Justus, Ryan, Warner, Soderberg (5) . Nay: (0) . Motion adopted.
(8.8) Resolution Number 88-3993, authorizing the Mayor and City Clerk to
execute an interlocal agreement with the Salina Public Library which would allow
the library to use the City's bonding authority to provide for long-term
financing of substantial roof repairs.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
Resolution Number 88-3993, authorizing the Mayor and City Clerk to execute an
interlocal agreement with the Salina Public Library which would allow the library
to use the City's bonding authority to provide for long-term financing of
substantial roof repairs, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.9) Resolution Number 88-3994 of the governing Body of Salina, Kansas
(the "cooperating jurisdiction"), 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 of the issuers of their GNMA collateralized
mortgage revenue bonds, 1988 Series C.
Moved by Commissioner Justus, seconded by Commissioner Frank that
Resolution Number 88-3994 of the governing Body of Salina, Kansas (the
"cooperating jurisdiction") , 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 of the issuers of their GNMA collateralized mortgage revenue
bonds, 1988 Series C, be adopted. Aye: (5). Nay: (0). Motion adopted.
The City Commission requested that a summary of the bond program
results be prepared and distributed at the end of the program.
(8.10) Resolution Number 88-3995, a resolution authorizing and directing the
issuance of temporary notes of the City of Salina, Kansas, in an aggregate
principal amount not exceeding $302,000.00 for the purpose of providing funds to
pay the cost of certain street and utility improvements in said City. [Series
PT -98 for Engineering Projects 88-763 and 88-7641
Moved by Commissioner Frank, seconded by Commissioner Ryan that
Resolution Number 88-3995, a resolution authorizing and directing the issuance of
temporary notes of the City of Salina, Kansas, in an aggregate principal amount
not exceeding $302,000.00 for the purpose of providing funds to pay the cost of
certain street and utility improvements in said City, be adopted. Aye: (5).
Nay: (0) . Motion adopted.
Action
88-279
88-280
88-281
88-282
88-283
(8.11) Resolution Number 88-3996, authorizing and directing the issuance of
Temporary Note Number 1, of the City of Salina, Kansas, in the amount of
$302,000 for the purpose of providing funds to pay a portion of the cost of
certain street and utility improvements in said city. [Series PT -98 for
Engineering Projects 88-763 and 88-7641
Moved by Commissioner Warner, seconded by Commissioner Justus that
Resolution Number 88-3996, authorizing and directing the issuance of Temporary
Note Number 1 , of the City of Salina, Kansas, in the amount of $302,000 for the
purpose of providing funds to pay a portion of the cost of certain street and
utility improvements in said city, be adopted. Aye: (5) . Nay: (0) . Motion
adopted.
(8.12) Resolution Number 88-3997, a resolution authorizing and directing the
issuance of temporary notes of the City of Salina, Kansas, in an aggregate
principal amount not exceeding $23,000.00 for the purpose of providing funds to
pay the cost of certain sidewalk improvements in said City. [Series PT -99 for
Engineering Project 88-7651
Moved by Commissioner Ryan, seconded by Commissioner Frank that
Resolution Number 88-3997, a resolution authorizing and directing the issuance of
temporary notes of the City of Salina, Kansas, in an aggregate principal amount
not exceeding $23,000.00 for the purpose of providing funds to pay the cost of
certain sidewalk improvements in said City, be adopted. Aye: (5) . Nay: (0) .
Motion adopted.
(8.13) Resolution Number 88-3998, authorizing and directing the issuance of
Temporary Note Number 1, of the City of Salina, Kansas, in the amount of
$23,000 for the purpose of providing funds to pay a portion of the cost of
certain sidewalk improvements in said city. [Series PT -99 for Engineering
Project 88-765]
Moved by Commissioner Frank, seconded by Commissioner Warner that
Resolution Number 88-3998, authorizing and directing the issuance of Temporary
Note Number 1 , of the City of Salina, Kansas, in the amount of $23,000 for the
purpose of providing funds to pay a portion of the cost of certain sidewalk
improvements in said city, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.14) Resolution Number 88-3999, authorizing the acquisition of right-of-way
and permanent easement for the widening and improvement of a segment of South
Ohio Street.
Moved by Commissioner Frank, seconded by Commissioner Ryan that
Resolution Number 88-3999, authorizing the acquisition of right-of-way and
permanent easement for the widening and improvement of a segment of South
Ohio Street, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.15) Resolution Number 88-4000, authorizing application for Kansas
Department of Transportation Economic Development Grant Funds for the
Schilling Road / Interstate 135 Interchange and the intersection of Schilling Road
and Ninth Street.
Moved by Commissioner Ryan, seconded by Commissioner Justus that
Resolution Number 88-4000, authorizing application for Kansas Department of
Transportation Economic Development Grant Funds for the Schilling Road /
Interstate 135 Interchange and the intersection of Schilling Road and Ninth
Street, be adopted. Aye: (5). Nay: (0). Motion adopted.
Tim Rogers, Salina Airport Authority Manager, indicated the Salina
Airport Authority is very supportive of the project and will be very willing to
fund a portion of the local share.
Action
88-284
88-285
88-286
(8.16) Report on bids received August 16, 1988 for the construction of
five-foot sidewalks for South Park and Phillips Neighborhood Park. [Award the
contract to Don Vancil Construction in the amount of $11,8351
Moved by Commissioner Warner, seconded by Commissioner Justus that
the staff recommendation be accepted and that the contract be awarded to Don
Vancil Construction in the amount of $11,835. Aye: (5) . Nay: (0) . Motion
adopted.
(8.17) Request from Mr. Larry Hall for permission to obtain water service
from Rural Water District Number 3.
City Manager Kissinger discussed the terms of the 1970 agreement with
Rural Water District Number 3 and presented the City Commission with the policy
considerations raised by Mr. Hall's request.
Larry Hall, 5149 South Hallstead, described the problems he had been
experiencing in obtaining adequate water supply from the well on his property.
Mr. Hall indicated his supply had gradually worsened since he purchased the
property four years ago. Mr. Hall felt his three acre tract would not yield a
higher yielding well; thus he had approached the City for permission to obtain
water service.
Emory Frost, Smolan, referred to a Wilson and Company study which
indicated the water district had ample resources to supply everyone in the
district.
Mayor Soderberg asked Mr. Kissinger and Mr. Boyer to work with Mr.
Hall to obtain an opinion from a reputable person in the well -digging profession
or from a hydrologist stating that a new or extended well on Mr. Hall's land
would not seem to be able to provide adequate water supply for the family's
needs.
Moved by Commissioner Ryan, seconded by Commissioner Frank that
the request be tabled until the September 12, 1988 meeting. Aye: (5). Nay:
(0) . Motion adopted.
(8.18) Report on Petition Number 3958, filed by Nursing Home Foundation,
Inc. for the vacation of 24' of restricted access on Crawford Street to permit the
driveway entrance for a new nursing home located in Lot 7, Block 5, Replat of
Blocks 4, 10, 11, 12, Georgetown Addition.
Mr. Kissinger indicated City staff had prepared two reports on the
request with different opinions reached in each report. Mr. Kissinger outlined
the policy considerations for the City Commission.
George Etherington, Abilene, asked that the access to Crawford Street
be granted for his project.
Les Appleby, Architect for the project, indicated a nursing home is
designed from the inside out and the access requirements are determined by the
activities within the building. Although other plans were considered, Mr.
Appleby felt the design being considered by the City Commission provided the
maximum functionality for the business.
Jack Stewart, attorney representing Nursing Home Foundation, Inc.,
stated that a precedent would not be set except for the location of another
nursing home on an arterial street. Mr. Stewart indicated his feeling that the
plan is reasonable and asked for City Commission approval.
Moved by Commissioner Frank, seconded by Commissioner Ryan that
petition Number 3958, filed by Nursing Home Foundation, Inc., for the vacation
of 24' of restricted access on Crawford Street to permit the driveway entrance
for a new nursing home located on Lot 7, Block 5, Replat of Blocks 4, 10, 11,
12, Georgetown Addition be approved. Aye: Frank, Ryan (2). Nay: Justus,
Warner, Soderberg (3). Motion was not adopted.
Commissioner Warner indicated that he would like to see other
alternatives, such as the Crawford Street access being an exit only.
Action
88-287
! 88-288
88-289
88-290
Commissioner Ryan expressed his concern that Mr. Etherington might
decide to locate his nursing home in another community.
Moved by Commissioner Warner, seconded by Commissioner Justus that
the vacation of 12' of restricted access on Crawford Street for an exit from the
proposed nursing home be approved. Aye: (5) . Nay: (0) . Motion adopted.
(8.19) Executive Session at the request of staff for discussion of acquisition
of real estate. [KCT Gymnasium Property]
Moved by Commissioner Warner, seconded by Commissioner Frank that
the City Commission recess into executive session for the purpose of conducting
preliminary discussions relating to potential acquisition of the Kansas Technical
College gymnasium and surrounding real estate for the reason that the subject
real estate is currently offered for sale on the open market and public discussion
at this stage could adversely affect the availability and price of the real estate
to the City, and to reconvene in approximately 15 minutes. Aye: (5). Nay:
(0) . Motion adopted.
The City Commission recessed into executive session at 5:45 p.m. and
reconvened at 6:03 p.m.
OTHER BUSINESS
The Mayor, with the consent of the City Commissioners, called a
special meeting on Thursday, August 25, 1988 at 2:30 p.m. to meet with the
Smoky Hill River Development Study Committee. Aye: (5) . Nay: (0) . Motion
adopted.
The Mayor announced that there will be no City Commission meeting on
August 29th, a fifth Monday, and September 5, Labor Day.
ADJOURNMENT
Moved by Commissioner Warner, 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.
�ydnSoderberg, Mayor
[SEAL]
ATTEST:
Robert K./iTes, City Ierk
Moved by Commissioner
Ryan, seconded by
Commissioner Justus that
the City
Manager be authorized
to pursue discussions with Kansas Technical
College and the Kansas Board
of Regents for the
purchase of the Kansas
Technical
College gymnasium, the gymnasium lot and
the tract of land upon
which the
adjacent ball diamonds
are located. Aye:
(5) . Nay: (0) . Motion
adopted.
OTHER BUSINESS
The Mayor, with the consent of the City Commissioners, called a
special meeting on Thursday, August 25, 1988 at 2:30 p.m. to meet with the
Smoky Hill River Development Study Committee. Aye: (5) . Nay: (0) . Motion
adopted.
The Mayor announced that there will be no City Commission meeting on
August 29th, a fifth Monday, and September 5, Labor Day.
ADJOURNMENT
Moved by Commissioner Warner, 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.
�ydnSoderberg, Mayor
[SEAL]
ATTEST:
Robert K./iTes, City Ierk