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06-20-1988 MinutesAction 88-180 88-181 CITY OF SALINA, KANSAS REGULAR MEETING OF THE JUNE 20, 1988 7:00 p.m. BOARD OF COMMISSIONERS The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, June 20, 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 None None CITIZEN FORUM AWARDS - PROCLAMATIONS PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME Moved by Mayor Soderberg, seconded by Commissioner Ryan that a Request by the River Development Study Committee to open the Mill Dam and have city staff pursue the acquisition of private land along the river, be added to the agenda as Item 8.5. Aye: (5) . Nay: (0) . Motion adopted. (5.1) Public Hearing on the method of assessment for Engineering Projects 87-752 and 87-753 for street and utility improvements. (5.1a) First Reading Ordinance Number 88-9257, levying special assessments on lots, pieces, and parcels of ground in the City of Salina, Kansas for the purpose of paying a portion of the cost of street and utility improvements in Wallerius, Wallerius 2nd, Wheatridge, Twin Oaks 11, Mayfair, Replat of Faith, Key Acres 2nd, Georgetown and Replat of Georgetown Additions. A public hearing was held on the proposed assessments for street and utility improvements authorized in Resolution Number 87-3896 passed by the Board of Commissioners on the 8th day of June, 1987 and Resolution Number 87-3901 passed by the Board of Commissioners on the 22nd day of June, 1987. No protests, written or oral, were filed. The Commission made no adjustment in the assessment, and the Mayor declared the public hearing closed. Moved by Commissioner Warner, seconded by Commissioner Justus that Ordinance 88-9257, levying special assessments on lots, pieces, and parcels of ground in the City of Salina, Kansas for the purpose of paying a portion of the cost of street and utility improvements in Wallerius, Wallerius 2nd, Wheatridge, Twin Oaks 11, Mayfair, Replat of Faith, Key Acres 2nd, Georgetown and Replat of Georgetown Additions, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. Action 01 1 88-182 88-183 88-184 (5.2) Public Hearing on the method of assessment for Engineering Project 87-755 for sidewalk improvements near Meadowlark School. (5.2a) First Reading Ordinance Number 88-9258, levying special assessments on lots, pieces, and parcels of ground in the City of Salina, Kansas for the purpose of paying a portion of the cost of sidewalk improvements in Riker Manor Addition. A public hearing was held on the proposed assessments for sidewalk improvements authorized in Resolution Number 87-3897 passed by the Board of Commissioners on the 8th day of June, 1987. No protests, written or oral, were filed. The Commission made no adjustment in the assessment, and the Mayor declared the public hearing closed. Moved by Commissioner Justus, seconded by Commissioner Frank that Ordinance Number 88-9258, levying special assessments on lots, pieces, and parcels of ground in the City of Salina, Kansas for the purpose of paying a portion of the cost of sidewalk improvements in Riker Manor Addition, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting June 13, 1988. (6.2) Set the date of July 7, 1988 to receive bids on street and utility improvements. [Engineering Project 88-763 and 7641 (6.3) Set the date of July 7, 1988 to receive bids on sidewalk improvements. [Engineering Project 88-765] (6.4) Resolution Number 88-3981, designating the official depositories for all moneys of the City of Salina, Kansas, and directing the City Treasurer to deposit all moneys received by him therein. Moved by Commissioner Frank, seconded by Commissioner Ryan that all items on the Consent Agenda be approved. Aye: (5). Nay: (0). Motion adopted. None DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Second Reading Ordinance Number 88-9255, ordering the condemnation and acquisition of certain permanent easements for the use of the City of Salina, Kansas, for the purposes of installing, repairing, replacing, and maintaining public utilities and public sidewalk in perpetuity in conjunction with the Iron Avenue and Ohio Street intersection improvement project, pursuant to K.S.A. Chapter 26, and amendments thereto, as the same relates to condemnation by cities and further pursuant to Resolution Number 88-3979 of the City of Salina, Kansas. Moved by Commissioner Ryan, seconded by Commissioner Warner that Ordinance Number 88-9255, ordering the condemnation and acquisition of certain permanent easements for the use of the City of Salina, Kansas, for the purposes of installing, repairing, replacing, and maintaining public utilities and public sidewalk in perpetuity in conjunction with the Iron Avenue and Ohio Street intersection improvement project, pursuant to K.S.A. Chapter 26, and amendments thereto, as the same relates to condemnation by cities and further pursuant to Resolution Number 88-3979 of the City of Salina, Kansas, be adopted. Aye: Frank, Justus, Ryan, Warner, Soderberg (5). Nay: (0). Motion adopted. Action 88-185 88-186 88-187 (8.2) Second Reading Ordinance Number 88-9256, providing for the vacation of a certain utility easement in Block 6, Twin Oaks Subdivision. Moved by Commissioner Warner, seconded by Commissioner Frank that Ordinance Number 88-9256, providing for the vacation of a certain utility easement in Block 6, Twin Oaks Subdivision, be adopted. Aye: Frank, Justus, Ryan, Warner, Soderberg (5). Nay: (0). Motion adopted. (8.3) Discussion of the following issues: (a) petition requesting a special election (b) possible purchase of Kansas Tech gymnasium (c) options concerning recreation center project City Attorney Bengtson reviewed his opinion regarding the sufficiency of Petition Number 3957 filed by Wilber Davis and discussed the applicability of the petition under the initiative and referendum portion of State law. Mr. Bengtson summarized his report by stating the petition did not require an election and that the City Commission may not call for an election. City Manager Kissinger discussed the possible purchase of the Kansas College of Technology's gymnasium. Mr. Kissinger outlined the work performed by City Staff. Mr. Kissinger also reviewed the options available to the City Commission and discussed some of the advantages and disadvantages of each option. The City Commission directed City staff to meet with representatives of Kansas College of Technology to request the property not be sold before the end of July. (8.4) First Reading Ordinance Number 88-9259, amending Section 5-25 of the Salina Code pertaining to the consumption of alcoholic liquor in the Salina Bicentennial Center and Salina Community Theatre and repealing the existing section. Stan Sexton, Salina Community Theatre, Inc. discussed the recent action taken by the Community Theatre Board to allow the consumption of alcoholic liquor at functions where attendance would be by invitation only. Moved by Commissioner Frank, seconded by Commissioner Ryan that Ordinance Number 88-9259, amending Section 5-25 of the Salina Code pertaining to the consumption of alcoholic liquor in the Salina Bicentennial Center and Salina Community Theatre and repealing the existing section, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (8.5) Request by the River Development Study Committee to open the Mill Dam and have City staff research private ownership along the river and the legal permits necessary for access to the privately held land. City Engineer Boyer expressed his preference to leave the Mill Dam closed until the current drought subsides. Mr. Boyer indicated this would allow the City to reserve the water wells for future use. Katherine Perney, O. K. Webster and Bev Konzem of the River Development Study Committee were in attendance. Ms. Perney expressed her support for leaving the dam closed. Ms. Konzem indicated very few trees would be affected as the river level did not stabilize as high as was originally expected. Moved by Commissioner Ryan, seconded by Commissioner Warner that the River Development Study Committee's report be accepted and that the City Engineer be instructed to open the Mill Dam upon his judgment and that the City staff be directed to continue the research of private ownership along the river and the legal permits necessary for access to the privately held land. Aye: (5). Nay: (0) . Motion adopted. None OTHER BUSINESS Action 88-188 ADJOURNMENT Moved by Commissioner Ryan, seconded by Commissioner the Regular Meeting of the Board of Commissioners be adjourned. Nay: (0). Motion adopted. The meeting adjourned at 8:27 p.m. jy�dn y ASoderb rg, Mayor [SEAL] ATTEST: i es, erk Frank that Aye: (5).