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08-15-1988 MinutesAction 88-244 88-245 88-246 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS AUGUST 15, 1988 7:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, August 15, 1988, at 7:00 p.m. There were present: Mayor Sydney Soderberg, Chairman presiding Commissioner Vi Justus 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: Commissioner Robert Frank Commissioner Stephen C. Ryan None CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The Mayor proclaimed the Month of August as "PLEDGE FREE AUGUST" and the Week of August 15, 1988 as "SUPPORT KOOD WEEK." The proclamation was read by Karen Graves, member of the Board of Directors of KOOD/KSWK. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing on the proposed 1989 budget. (5.1a) Resolution Number 88-3987 adopting the 1989 annual budget. (5.1 b) 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. The Mayor declared the public hearing open on the proposed 1989 budget. There were no protests or comments, written or oral, and the Mayor declared the public hearing closed. Moved by Commissioner Warner, seconded by Commissioner Justus that Resolution Number 88-3987 adopting the 1989 annual budget be adopted. Aye: (3) . Nay: (0) . Motion adopted. Moved by Commissioner Justus, 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 introduced for first reading. Aye: (3). Nay: (0). Motion adopted. Moved by Commissioner Warner, seconded by Commissioner Justus that Item 8.18 be considered before Item 8.1 and that discussion of Economic Development Grant be added to the agenda for consideration as Item 8.19. Aye: (3). Nay: (0). Motion adopted. Action 88-247 88-248 88-249 CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting August 1, 1988. (6.2) 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. [Refer to the City Engineer for a recommendation] Moved by Commissioner Warner, seconded by Commissioner Justus that Item 6.2 be considered separately and that Item 6.1 be approved as corrected. [Showing Greg Bengtson, City Attorney, absent] Aye: (3) . Nay: (0) . Motion adopted. (6.2) 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. [Refer to the City Engineer for a recommendation] Moved by Commissioner Warner, seconded by Commissioner Justus that Petition Number 3958 be referred to the City Engineer for review and a recommendation. George Etherington, Abilene, Kansas, discussed the proposed nursing home project he desires to undertake. Mr. Etherington asked the City Commission to waive referral to the Engineering Department and to approve the petition so he could complete his transaction by midnight. Roy Dudark, Director of Planning and Community Development, outlined the discussion held during the August 2nd City Planning Commission meeting. Mr. Dudark explained the Engineering Department has some reservations about allowing direct access onto Crawford. Jack Stewart, representing Mr. Etherington, inquired about the status of the conditional use permit previously issued should Petition 3958 be approved during the August 22nd Commission meeting. Mr. Dudark indicated the permit would be valid once all conditions were satisfied and that Mr. Etherington was aware of each condition listed on the permit. The Mayor called for a vote on Commission Action # 88-248: Aye: (3) . Nay: (0). Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission on the reconsideration of Zoning Application 88-7, filed by George Johnson, that 1-2 zoning be allowed for the 2.42 acre tract and that the remainder of the proposed tract be rezoned to 1-1. [Introduce Ordinance 88-9267 for first reading] Moved by Commissioner Warner, seconded by Commissioner Justus that the recommendation of the City Planning Commission be accepted, that Zoning Application 88-7 be approved and 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 introduced for first reading. Mayor Soderberg expressed her opposition to the rezoning of the 2.42 acre tract to District 1-2. She expressed her feeling that a more comprehensive review of zoning for the tracts should be undertaken and that zoning decisions should not be based solely upon the knowledge of who would be the first owner of the property. George Johnson, the applicant, said he originally asked for 1-2 zoning for the entire area but that he has no problem with the 2.42 acres being zoned 1-2. Action 88-250 88-251 88-252 Mayor Soderberg called for a vote on Commission Action # 88-249: Aye: Justus, Warner (2). Nay: Soderberg (1). Motion adopted. ADMINISTRATION (8.18) Presentation by Kennedy and Coe, Certified Public Accountants, of the financial statements and auditors reports for fiscal year ending December 31, 1987. Paul Mott, Kennedy and Coe Certified Public Accountants, introduced David Mills, senior -in -charge of the City's 1987 audit and Dale Heuszel, partner -in -charge for future audits. Mr. Mott discussed the audit report, the 1987 financial statements and the comments attached to the audit. Commissioner Justus asked if the audit report could be completed and submitted to the City Commission before they begin the budget process. Mr. Mott indicated that City staff and his firm have had some preliminary discussions about completing the audit on a more timely basis. Mr. Mott indicated the City's financial areas were operating smoothly and that there were no significant weaknesses. He thanked the City Commissioners and staff for their cooperation over the years he had worked on the audit. The City Commission took no action on this item. (8.1) Second Reading Ordinance Number 88-9266, 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 88-6, filed by Presley Builders, Inc. for the rezoning of Lots 1, 2, 3, Block 3, Country Club Estates Addition #3 to District "R"] Moved by Commissioner Justus, seconded by Commissioner Warner that Ordinance Number 88-9266, 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: Justus, Warner, Soderberg (3) . Nay: (0) . Commissioners Frank and Ryan absent. Motion adopted. (8.2) Second Reading Ordinance Number 88-9268, 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 88-8, filed by George Johnson for the rezoning of Block 2, Schilling Subdivision to District "I -1"I Moved by Commissioner Warner, seconded by Commissioner Justus that Ordinance Number 88-9268, 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: Justus, Warner, Soderberg (3). Nay: (0). Commissioners Frank and Ryan absent. Motion adopted. (8.3) Second Reading Ordinance Number 88-9269, levying special assessments against certain lots and pieces of property to pay the cost of cutting weeds on certain lots and parts of lots and the parkways abutting thereon in the City of Salina, Kansas. Moved by Commissioner Justus, seconded by Commissioner Warner that Ordinance Number 88-9269, levying special assessments against certain lots and pieces of property to pay the cost of cutting weeds on certain lots and parts of lots and the parkways abutting thereon in the City of Salina, Kansas, be adopted. Aye: Justus, Warner, Soderberg (3) . Nay: (0) . Motion adopted. Kinn -C.. Action 88-253 88-254 88-255 88-256 88-257 (8.4) Second Reading Ordinance Number 88-9270, levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances located on certain lots and parts of lots in the City of Salina, Kansas. Moved by Commissioner Warner, seconded by Commissioner Justus that Ordinance Number 88-9270, levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances located on certain lots and parts of lots in the City of Salina, Kansas, be adopted. Aye: Justus, Warner, Soderberg (3) . Nay: (0) . Commissioners Frank and Ryan absent. Motion adopted. (8.5) Second Reading Ordinance Number 88-9271, levying special assessments against certain lots and pieces of property to pay the cost of sidewalk repair located on certain lots and parts of lots in the City of Salina, Kansas. (8.6) Second Reading Ordinance Number 88-9272, levying special assessments against certain lots and pieces of property to pay the cost of demolition of certain unsafe structures located on certain lots and parts of lots in the City of Salina, Kansas. Moved by Commissioner Warner, seconded by Commissioner Justus that Ordinance Number 88-9272, levying special assessments against certain lots and pieces of property to pay the cost of demolition of certain unsafe structures located on certain lots and parts of lots in the City of Salina, Kansas, be adopted. Aye: Justus, Warner, Soderberg (3) . Nay: (0) . Commissioners Frank and Ryan absent. Motion adopted. (8.7) Second Reading Ordinance Number 88-9273, amending Salina Code Sections 25-58, 25-60, 25-61, 25-62 and 25-64, relating to the maximum value of property subject to article IV of Chapter 25 of the Salina Code relating to misdemeanor offenses against property, and repealing the existing sections. Moved by Commissioner Warner, seconded by Commissioner Justus that Ordinance Number 88-9273, amending Salina Code Sections 25-58, 25-60, 25-61, 25-62 and 25-64, relating to the maximum value of property subject to article IV of Chapter 25 of the Salina Code relating to misdemeanor offenses against property, and repealing the existing sections, be adopted. Aye: Justus, Warner, Soderberg (3) . Nay: (0) . Commissioners Frank and Ryan absent. Motion adopted. (8.8) First 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 Justus, seconded by Commissioner Warner 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 introduced for first reading as amended. Aye: (3) . Nay: (0) . Motion adopted. (8.9) Second Reading Ordinance Number 88-9275, authorizing an agreement with the Board of Education of Unified School District #305 and the Salina Recreation Commission to terminate the Salina Recreation Commission and to establish a recreation division within an existing department of the City pursuant to K.S.A. 12-1933. Moved by Commissioner Justus, seconded by Commissioner Warner that Ordinance Number 88-9271, levying special assessments against certain lots and pieces of property to pay the cost of sidewalk repair located on certain lots and parts of lots in the City of Salina, Kansas, be adopted. Aye: Justus, Warner, Soderberg (3) . Nay: (0) . Commissioners Frank and Ryan absent. Motion adopted. (8.6) Second Reading Ordinance Number 88-9272, levying special assessments against certain lots and pieces of property to pay the cost of demolition of certain unsafe structures located on certain lots and parts of lots in the City of Salina, Kansas. Moved by Commissioner Warner, seconded by Commissioner Justus that Ordinance Number 88-9272, levying special assessments against certain lots and pieces of property to pay the cost of demolition of certain unsafe structures located on certain lots and parts of lots in the City of Salina, Kansas, be adopted. Aye: Justus, Warner, Soderberg (3) . Nay: (0) . Commissioners Frank and Ryan absent. Motion adopted. (8.7) Second Reading Ordinance Number 88-9273, amending Salina Code Sections 25-58, 25-60, 25-61, 25-62 and 25-64, relating to the maximum value of property subject to article IV of Chapter 25 of the Salina Code relating to misdemeanor offenses against property, and repealing the existing sections. Moved by Commissioner Warner, seconded by Commissioner Justus that Ordinance Number 88-9273, amending Salina Code Sections 25-58, 25-60, 25-61, 25-62 and 25-64, relating to the maximum value of property subject to article IV of Chapter 25 of the Salina Code relating to misdemeanor offenses against property, and repealing the existing sections, be adopted. Aye: Justus, Warner, Soderberg (3) . Nay: (0) . Commissioners Frank and Ryan absent. Motion adopted. (8.8) First 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 Justus, seconded by Commissioner Warner 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 introduced for first reading as amended. Aye: (3) . Nay: (0) . Motion adopted. (8.9) Second Reading Ordinance Number 88-9275, authorizing an agreement with the Board of Education of Unified School District #305 and the Salina Recreation Commission to terminate the Salina Recreation Commission and to establish a recreation division within an existing department of the City pursuant to K.S.A. 12-1933. Action 88-258 88-259 88-260 88-261 88-262 88-263 88-264 Moved by Commissioner Justus, seconded by Commissioner Warner that Ordinance Number 88-9275, authorizing an agreement with the Board of Education of Unified School District #305 and the Salina Recreation Commission to terminate the Salina Recreation Commission and to establish a recreation division within an existing department of the City pursuant to K.S.A. 12-1933, be adopted. Aye: Justus, Warner, Soderberg (3). Nay: (0). Commissioners Frank and Ryan absent. Motion adopted. George Robertson, 1410 Highland, asked the City Commission to keep the existing structure for the Recreation Commission to avoid losing $45,000 a year in revenue. (8.10) Resolution Number 88-3988, relating to the rehabilitation of the Oakdale Bridge. Moved by Commissioner Warner, seconded by Commissioner Justus that Resolution Number 88-3988, relating to the rehabilitation of the Oakdale Bridge, be adopted. Aye: (3) . Nay: (0) . Motion adopted. (8.11) Resolution Number 88-3989, designating and establishing parking zones within the City of Salina, Kansas, and the respective time limits therein; and repealing Resolution Number 87-3925. Moved by Commissioner Justus, seconded by Commissioner Warner that Resolution Number 88-3989, designating and establishing parking zones within the City of Salina, Kansas, and the respective time limits therein; and repealing Resolution Number 87-3925, be adopted. Aye: (3). Nay: (0). Motion adopted. (8.12) Resolution Number 88-3990, establishing a City Commission liaison to the Parks and Recreation Advisory Board. Moved by Commissioner Warner, seconded by Commissioner Justus that Resolution Number 88-3990, establishing a City Commission liaison to the Parks and Recreation Advisory Board, be adopted. Aye: (3). Nay: (0). Motion adopted. (8.13) Report on bids received August 5, 1988 for one 1500 GPM Custom Pumper and one Rescue Truck with water tank and pump. [Award the contract to Weis American Fire Equipment of Salina in the amount of $337,509] Moved by Commissioner Justus, seconded by Commissioner Warner that a contract be awarded to Weis American Fire Equipment of Salina in the amount of $337,509 for one 1500 GPM Custom Pumper and one Rescue Truck with water tank and pump. Aye: (3) . Nay: (0) . City Manager Dennis Kissinger indicated he had reviewed the bidding process and specifications on the fire equipment and found the specifications to be open and the bidding process to have been handled in a professional manner by the Salina Fire personnel. Gary Weis, Weis American Fire Equipment, stated the specifications were very open and that he was surprised there were no other bidders. (8.14) Adopt the Second Revised 1988 Capital Budget for Park Improvements. Moved by Commissioner Warner, seconded by Commissioner Justus that the Second Revised 1988 Capital Budget for Park Improvements be approved. Aye: (3) . Nay: (0) . Motion adopted. (8.15) Adopt the Second Revised 1988 Sales Tax Capital Budget. Moved by Commissioner Justus, seconded by Commissioner Warner that the Second Revised 1988 Sales Tax Capital Budget be approved. Aye: (3). Nay: (0) . Motion adopted. Action 88-265 88-266 88-267 (8.16) First 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 Justus 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 introduced for first reading. Aye: (3). Nay: (0). Motion adopted. (8.17) Resolution Number 88-3991, authorizing the Mayor and City Clerk of the City of Salina, Kansas, to execute a special warranty deed conveying to Pepsi Cola Bottling Company of Salina, Inc. certain real estate pursuant to a lease dated September 1, 1978. Moved by Commissioner Justus, seconded by Commissioner Warner that Resolution Number 88-3991, authorizing the Mayor and City Clerk of the City of Salina, Kansas, to execute a special warranty deed conveying to Pepsi Cola Bottling Company of Salina, Inc. certain real estate pursuant to a a lease dated September 1, 1978, be adopted. Aye: (3). Nay: (0). Motion adopted. (8.19) Discussion of Economic Development Grant. Mr. Kissinger discussed the possibility of submitting an economic development grant application to the Kansas Department of Transportation for improvements to the 9th and Schilling intersection and the Schilling Interchange. Mr. Kissinger indicated the $2.1 million project would be submitted for 1991 or 1992 grant funds with the City, Saline County and the Salina Airport Authority splitting the local costs ($700,000) . Mr. Kissinger indicated he would continue to coordinate the application with the County, the Salina Area Chamber of Commerce and the Salina Airport Authority if the City Commission wishes to pursue the grant. By consensus, the City Commission directed the City Manager to pursue securing a grant from KDOT. None OTHER BUSINESS ADJOURNMENT Moved by Commissioner Warner, seconded by Commissioner Soderberg that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (3). Nay: (0). Motion adopted. The meeting adjourned at 8:39 p.m. Sdney Soderber , Mayor [SEAL] ATTEST: Robert K. Biles, City Clerk