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
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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