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09-28-1987 MinutesCommission CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS SEPTEMBER 28, 1987 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, September 28, 1987, 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, City Manager Absent: None CITIZEN FORUM Dr. Spence McCrae, representing the Saline County Historical Society, asked the City Commission to hold a public hearing regarding the progress of the Smoky Hill Museum. Mayor Ryan asked the city staff to make the arrangements for a meeting where public comment could be received and assured Dr. McCrae he would be notified of the meeting. Reverends Bill Lepping, Michael Messer and Bob Aills each addressed the City Commission regarding the Chippendales show which is scheduled at the Bicentennial Center on October 9, 1987. Among their concerns were the lack of a minimum age for admission, the use of a tax supported building for a performance of male strippers and the erosion of moral standards in the community. AWARDS - PROCLAMATIONS (4.1) The Mayor proclaimed Friday, Saturday and Sunday, October 9, 10, 11, 1987 as "HELP THE MENTALLY RETARDED DAYS". The proclamation was read by Rick Showalter of the Knights of Columbus. (4.2) The Mayor proclaimed the Month of October 1987 as "DOMESTIC VIOLENCE AWARENESS MONTH". The proclamation was read by Penny Geis, Board Member. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting September 21, 1987. (6.2) Resolution Number 87-3915, providing for the rates, fees or charges for water services rendered by the combined Water and Sewerage Department of the City of Salina, Kansas and repealing Resolution Number 86-3871. [Rates to become effective 11/1/1987 and 1/1/1989.1 Commission __A= -- 87-204 87-205 87-206 87-207 87-208 87-209 (6.3) Resolution Number 87-3916, providing for the rates, fees or charges for the use of the sewerage system and services rendered by the combined Water and Sewerage Department of the City of Salina, Kansas and repealing Resolution Number 86-3872. [ Rates to become effective 11/1/1987 and 1/111989.1 (6.4) Report on bids received September 24, 1987 for certain improvements at the Water Treatment Plant. [Contract awarded to Walters -Morgan, Manhattan, Kansas in the amount of $1,468,0001 Moved by Commissioner Frank, seconded by Commissioner Warner that Item (6.3) be removed from the Consent Agenda and tabled until October 19, 1987, and that all other items on the Consent Agenda be approved. Aye: (5) . Nay: (0) . Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that County Plat application 87-2A, filed by Hixon-Lehenbauer Investment Company for the approval of a final plat on a 12.7 acre tract located just west of the Salina city limits, west of Dry Creek, north of Grand Avenue and east of the Union Pacific Rail line (aka 1100 West Grand), be approved. Moved by Commissioner Soderberg, seconded by Commissioner Frank that the recommendation of the City Planning Commission be accepted and that County Plat application 87-2A be approved and that the Mayor be authorized to sign the final plat of Hixon-Lehenbauer Investment Company Subdivision. Aye: (5). Nay: (0). Motion adopted. ADMINISTRATION (8.1) Second Reading Ordinance Number 87-9203, providing for the amendment of Chapter 42 of the Salina Code by adding Section 42-27, pertaining to limitations on reapplication for rezoning. Moved by Commissioner Justus, seconded by Commissioner Warner that Ordinance Number 87-9203, providing for the amendment of Chapter 42 of the Salina Code by adding Section 42-27, pertaining to limitations on reapplication for rezoning, be adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5). Nay: (0). Motion adopted. (8.2) Second Reading Ordinance Number 87-9204, providing for the amendment of Section 42-404 of the Salina Code pertaining to the procedure for securing approval of a planned development and the establishment of a planned development district and repealing the existing section. Moved by Commissioner Warner, seconded by Commissioner Soderberg that Ordinance Number 87-9204, providing for the amendment of Section 42-404 of the Salina Code pertaining to the procedure for securing approval of a planned development and the establishment of a planned development district and repealing the existing section, be adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5). Nay: (0). Motion adopted. (8.3) Second Reading Ordinance Number 87-9205, amending Section 42-552 of the Salina Code pertaining to standards for off-street parking and repealing the existing section. Moved by Commissioner Frank, seconded by Commissioner Justus that Ordinance Number 87-9205, amending Section 42-552 of the Salina Code pertaining to standards for off-street parking and repealing the existing section, be adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5). Nay: (0). Motion adopted. (8.4) Second Reading Ordinance Number 87-9206, amending Section 42-689 of the Salina Code which defines group day care center and repealing the existing section. Moved by Commissioner Justus, seconded by Commissioner Warner that Ordinance Number 87-9206, amending Section 42-689 of the Salina Code which defines group day care center and repealing the existing section, be adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5). Nay: (0). Motion adopted. Commission 87-210 87-211 87-212 87-213 87-214 87-215 (8.5) Second Reading Ordinance Number 87-9207, providing for the amendment of Section 42-143 of the Salina Code pertaining to conditional uses in the R District and repealing the existing section. Moved by Commissioner Soderberg, seconded by Commissioner Warner that Ordinance Number 87-9207, providing for the amendment of Section 42-143 of the Salina Code pertaining to conditional uses in the R District and repealing the existing section, be adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5) . Nay: (0) . Motion adopted. (8.6) Second Reading Ordinance Number 87-9208, providing for the amendment of Sections 42-158, 42-159, 42-160 of the Salina Code pertaining to conditional uses, lot size requirements and bulk regulations in the R-1 District and repealing the existing sections. Moved by Commissioner Warner, seconded by Commissioner Justus that Ordinance Number 87-9208, providing for the amendment of Sections 42-158, 42-159, 42-160 of the Salina Code pertaining to conditional uses, lot size requirements and bulk regulations in the R-1 District and repealing the existing sections, be adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5). Nay: (0). Motion adopted. (8.7) Second Reading Ordinance Number 87-9209, providing for the amendment of Sections 42-173, 42-174, 42-175 of the Salina Code pertaining to conditional uses, lot size requirements and bulk regulations in the R-2 District and repealing the existing sections. Moved by Commissioner Justus, seconded by Commissioner Soderberg that Ordinance Number 87-9209, providing for the amendment of Sections 42-173, 42-174, 42-175 of the Salina Code pertaining to conditional uses, lot size requirements and bulk regulations in the R-2 District and repealing the existing sections, be adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5). Nay: (0). Motion adopted. (8.8) Second Reading Ordinance Number 87-9210, providing for the amendment of Sections 42-188, 42-189, 42-190 of the Salina Code pertaining to conditional uses, lot size requirements and bulk regulations in the R-2.5 District and repealing the existing sections. Moved by Commissioner Frank, seconded by Commissioner Warner that Ordinance Number 87-9210, providing for the amendment of Sections 42-188, 42-189, 42-190 of the Salina Code pertaining to conditional uses, lot size requirements and bulk regulations in the R-2.5 District and repealing the existing sections, be adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5). Nay: (0). Motion adopted. (8.9) Second Reading Ordinance Number 87-9211, providing for the amendment of Sections 42-203, 42-204, 42-205 of the Salina Code pertaining to conditional uses, lot size requirements and bulk regulations in the R-3 District and repealing the existing sections. Moved by Commissioner Warner, seconded by Commissioner Justus that Ordinance Number 87-9211, providing for the amendment of Sections 42-203, 42-204, 42-205 of the Salina Code pertaining to conditional uses, lot size requirements and bulk regulations in the R-3 District and repealing the existing sections, be adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5). Nay: (0) . Motion adopted. (8.10) Second Reading Ordinance Number 87-9212, amending Section 42-285 of the Salina Code pertaining to the bulk regulations in District C-3 and repealing the existing section. Moved by Commissioner Soderberg, seconded by Commissioner Warner that Ordinance Number 87-9212, amending Section 42-285 of the Salina Code pertaining to the bulk regulations in District C-3 and repealing the existing section, be adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5) . Nay: (0) . Motion adopted. Commission (8.11) Second Reading Ordinance Number 87-9213, providing for the vacation of a portion of street right-of-way of Highland Avenue, adjacent to Block 34, Key Acres Second Addition to the City of Salina, Saline County, Kansas. 87-216 Moved by Commissioner Soderberg, seconded by Commissioner Frank that Ordinance Number 87-9213, providing for the vacation of a portion of street right-of-way of Highland Avenue, adjacent to Block 34, Key Acres Second Addition to the City of Salina, Saline County, Kansas, be adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5). Nay: (0). Motion adopted. (8.12) Second Reading Ordinance Number 87-9214, providing for the vacation of portions of public street right-of-way in Eastridge Addition to the City of Salina, Saline County, Kansas. (Barlow Drive, Barlow Court and Fairdale Road in Eastridge Addition.) 87-217 Moved by Commissioner Justus, seconded by Commissioner Warner that Ordinance Number 87-9214, providing for the vacation of portions of public street right-of-way in Eastridge Addition to the City of Salina, Saline County, Kansas, be adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5). Nay: (0) . Motion adopted. (8.13) Second Reading Ordinance Number 87-97.15, providing for the vacation of the twenty (20) foot utility easement located between Lots 10 and 11, Block 22, Belmont Addition to the City of Salina, Saline County, Kansas. 87-218 Moved by Commissioner Frank, seconded by Commissioner Soderberg that Ordinance Number 87-9215, providing for the vacation of the twenty (20) foot utility easement located between Lots 10 and 11, Block 22, Belmont Addition to the City of Salina, Saline County, Kansas, be adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5) . Nay: (0) . Motion adopted. (8.14) Second Reading Ordinance Number 87-9216, ordering the condemnation and appropriation of certain land in Saline County, Kansas, for permanent and access easements for the use of the City of Salina, Kansas, for the purpose of drilling, installing, monitoring and maintaining an observation well on certain property in Saline County, all as authorized by K.S.A. 13-1023 and amendments thereto, and pursuant to the eminent domain procedure act, K.S.A. Chapter 26 and amendments thereto, as the same related to condemnation by cities and further pursuant to Resolution Number 87-3912 of the City of Salina, Kansas. 87-219 Moved by Commissioner Soderberg, seconded by Commissioner Justus that Ordinance Number 87-9216, ordering the condemnation and appropriation of certain land in Saline County, Kansas, for permanent and access easements for the use of the City of Salina, Kansas, for the purpose of drilling, installing, monitoring and maintaining an observation well on certain property in Saline County, all as authorized by K.S.A. 13-1023 and amendments thereto, and pursuant to the eminent domain procedure act, K.S.A. Chapter 26 and amendments thereto, as the same related to condemnation by cities and further pursuant to Resolution Number 87-3912 of the City of Salina, Kansas, be adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5). Nay: (0). Motion adopted. (8.15) Second Reading Ordinance Number 87-9217, to enter into an interlocal cooperation agreement to establish the Kansas Intergovernmental Risk Management Agency and repealing Ordinance Number 87-9176. 87-220 Moved by Commissioner Warner, seconded by Commissioner Frank that Ordinance Number 87-9217, to enter into an interlocal cooperation agreement to establish the Kansas Intergovernmental Risk Management Agency and repealing Ordinance Number 87-9176, be adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5). Nay: (0). Motion adopted. (8.16) Resolution Number 87-3917, approving the personnel manual filed by the City Manager with the City Clerk which provides rules and regulations relative to all officers and employees of the City of Salina, Kansas and repealing Resolution Number 3418. 87-221 Moved by Commissioner Frank, seconded by Commissioner Warner that Resolution Number 87-3917, approving the personnel manual filed by the City Manager with the City Clerk which provides rules and regulations relative to all officers and employees of the City of Salina, Kansas and repealing Resolution Number 3418, be adopted. Aye: (5). Nay: (0). Motion adopted. Commission 87-222 87-223 87-224 87-225 87-226 Bill Harris, City Manager, discussed changes to the personnel manual which was presented to the City Commission. Other than a few typographical corrections, Mr. Harris recommended changes to better clarify sections relating to annual United Way gift opportunities for employees, dissemination of deferred compensation information and the use of the IRS standard mileage rate. Moved by Commissioner Frank, seconded by Commissioner Warner that the Personnel Manual be amended to include the changes presented by Mr. Harris. Aye: (5). Nay: (0). Motion adopted. Mayor Ryan expressed appreciation to those employees who worked on updating the personnel manual. OTHER BUSINESS (9.1) Moved by Commissioner Frank, seconded by Commissioner Warner that consideration of a recommendation from Salina Downtown, Inc, regarding parking in the downtown area, be added to the agenda for consideration. Aye: (5). Nay: (0). Motion adopted. Moved by Commissioner Frank, seconded by Commissioner Warner that short term and long term parking for Downtown Salina be established in accordance with the parking plan recommended by Salina Downtown, Inc., and that Resolution Number 87-3918, designating and establishing parking zones within the City of Salina, Kansas, and the respective time limits therein, repealing all existing resolutions in conflict with the provisions of this resolution and repealing Resolution Number 3456, be adopted. Aye: (5). Nay: (0). Motion adopted. Moved by Commissioner Justus, seconded by Commissioner Soderberg that the City Commission recess into executive session for not to exceed 20 minutes to discuss possible litigation. Aye: (5). Nay: (0). Motion adopted. The Commission recessed at 5:03 p.m. and reconvened at 5:27 p.m. ADJOURNMENT Moved by Commissioner Frank, seconded by Mayor Ryan that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion adopted. The meeting adjourned at 5:29 p.m. [SEAL] ATTEST: Robert K. B`les, ity Clerk IAW1 S dney S. Soderberg, Acting Mayor