01-11-1988 MinutesCommission
88-015
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JANUARY 11, 1988
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, January 11, 1988, at 4:00 p.m.
There were present:
Mayor Stephen C. Ryan, Chairman presiding
Commissioner Robert E. Frank
Commissioner Vi Justus
Commissioner Sydney S. Soderberg
Commissioner Joseph A. Warner
comprising a quorum of the Board, also present:
Greg Bengtson, City Attorney
Robert K. Biles, City Clerk
W. E. Harris, Interim City Manager
Absent:
None
None
None
CITIZEN FORUM
AWARDS - PROCLAMATIONS
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting January 4, 1988.
(6.2) Approve the Minutes of the Special Meeting January 8, 1988.
(6.3) Approve license application for A. L. Botts, d/b/a AI's City Taxi, 206
West Walnut for cabs #30 and 31.
(6.4) Approve license applications for Surety on Bail Bonds Services:
1. E. P. Nichols, d/b/a Nichols Bonding, 426 Venus
2. Regan W. Gremmel, d/b/a Ace Bonding, 812 South Ohio
(6.5) Approve license applications for Surety on Bail Bonds Agents:
1. E. P. Nichols, 426 Venus
2. L. Gene Hindman, agent for Ace Bonding
3. Regan W. Gremmel, agent for Ace Bonding
Moved by Commissioner Soderberg, seconded by Commissioner Warner
that all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) .
Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission that a proposed
Interlocal Agreement with Saline County for approval of subdivision plats within
three miles of the city limits be approved.
(7.1a) Ordinance Number 88-9229, approving and authorizing the Mayor to
execute an interlocal agreement by and between the Board of County
Commissioners of Saline County, Kansas, and the Board of City
Commissioners of the City of Salina, Kansas, for cooperation and
coordination in the approval of subdivision plats within three (3) miles of
the Salina City Limits.
Commission
88-016 Moved by Commissioner Warner, seconded by Commissioner Frank that
the recommendation of the City Planning Commission be accepted and that
Ordinance Number 88-9229, approving and authorizing the Mayor to execute an
interlocal agreement by and between the Board of County Commissioners of Saline
County, Kansas, and the Board of City Commissioners of the City of Salina,
Kansas, for cooperation and coordination in the approval of subdivision plats
within three (3) miles of the Salina City Limits, be introduced for first reading.
Aye: (5) . Nay: (0) . Motion adopted.
ADMINISTRATION
(8.1) First Reading Ordinance Number 88-9230, pertaining to the maintenance
and use of dwelling units and guest accommodations with sleeping rooms within
the City of Salina; requiring the installation and maintenance of smoke detectors
therein and providing for inspections to monitor compliance; amending Article
III, of Chapter 8 of the Salina Code by adding Section 8-38.
88-017 Moved by Commissioner Frank, seconded by Commission Warner that
Ordinance Number 88-9230, pertaining to the maintenance and use of dwelling
units and guest accommodations with sleeping rooms within the City of Salina;
requiring the installation and maintenance of smoke detectors therein and
providing for inspections to monitor compliance; amending Article III, of Chapter
8 of the Salina Code by adding Section 8-38, be introduced for first reading.
Aye: Frank, Soderberg, Warner, Ryan (4). Nay: Justus (1). Motion adopted.
(8.2) First Reading Ordinance Number 88-9231, providing for the amendment
of Section 39-34 of the Salina Code pertaining to bond and insurance
requirements for tree trimmers and/or treaters, and repealing the existing
section.
88-018 Moved by Commissioner Justus, seconded by Commissioner Soderberg
that Ordinance Number 88-9231, providing for the amendment of Section 39-34 of
the Salina Code pertaining to bond and insurance requirements for tree trimmers
and/or treaters, and repealing the existing section, be introduced for first
reading. Aye: (5) . Nay: (0) . Motion adopted.
(8.3) Resolution Number 88-3951, determining that certain real estate is no
longer needed by the City of Salina for park purposes and that a sale thereof
would be in the best interest of the city. (Park #5 at University Place and
Broadway Boulevard)
88-019 Moved by Commissioner Soderberg, seconded by Commissioner Frank
that Resolution Number 88-3951, determining that certain real estate is no longer
needed by the City of Salina for park purposes and that a sale thereof would be
in the best interest of the city, be adopted. Aye: (5). Nay: (0). Motion
adopted.
(8.4) Resolution Number 88-3952, authorizing the Mayor and City Clerk to
execute an agreement for professional engineering services between the City of
Salina and Bucher, Willis, Ratliff, Consulting Engineers and Architects for the
preliminary design phase of State Street improvements.
88-020 Moved by Commissioner Warner, seconded by Commissioner Justus that
Resolution Number 88-3952, authorizing the Mayor and City Clerk to execute an
agreement for professional engineering services between the City of Salina and
Bucher, Willis, Ratliff, Consulting Engineers and Architects for the preliminary
design phase of State Street improvements, be adopted. Aye: (5) . Nay: (0) .
Motion adopted.
(8.5) Petition Number 3946, filed by certain citizens of Salina, asking the
City Commissioners to discuss modifying The Salina Code relating to pornography
and obscenity.
City Attorney Bengtson, provided an explanation of the actions taken
to revise the Salina Code in recent years.
Michael Messer, 614 Venus, asked the City Commission not to delete
the current Code sections, but that the current Code sections be better
enforced.
Commission
88-021
The City Attorney reviewed the constitutional issues and specific legal
decisions which relate to the obscenity question. He also reviewed the current
structure of Kansas law and the relationship of municipal ordinances to the
Kansas law.
Greg Adams, 803 Willow Drive, expressed his concern over the type of
shows being allowed under the current law.
Mr. Bengtson discussed the three -pronged test used to determine
whether an act is to be considered obscene and indicated that topless shows
have not been held to be obscene under the test criteria.
Mayor Ryan indicated the court system is the place to determine this
issue and the City Commission is limited in the role it may play. Mayor Ryan
thanked those present for their interest.
None
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Frank, seconded by Commissioner Warner that
the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5).
Nay: (0). Motion adopted. The meeting adjourned at 5:05 p.m.
XL"
Stephen C. Ryan, Mayor
[SEAL]
ATTEST:
ert K. Bi es?, City Clerk