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04-22-2002 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS April 22, 2002 4:00 p.m. The City Commission convened at 3:45 p.m. for a Citizen Open Forum. The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City -County Building. A roll call was taken followed by the Pledge of Allegiance and a moment of silence. There were present: Mayor Kristin M. Seaton, Chairman presiding Commissioner Deborah P. Divine Commissioner Don Heath Commissioner Alan E. Jilka comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Lieu Ann Nicola, City Clerk Commissioner Monte D. Shadwick Mayor Seaton commented on a time of remembering the late Commissioner Larry Mathews. She also expressed her appreciation of being selected to serve as Mayor and read from an article from the February 2002 Kansas Government Journal entitled "If I Were Mayor..." None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The week of April 21— 27, 2002 as "Crime Victims' Rights Week" in the City of Salina. Nancy Bonawitz, Victims Witness Assistance Coordinator and Mandy Melander, Domestic Violence Sexual Assault Assistance Coordinator with the Saline County Attorney's Office, read the proclamation. (4.2) The week of April 21 — 27, 2002 as "National Volunteer Week" in the City of Salina. Nancy Klostermeyer, Director of the Volunteer Connection, read the proclamation. (4.3) The day of April 26, 2002 as "Arbor Day" in the City of Salina. Jeannette McKinski, member of the Salina Tree Advisory Board, read the proclamation. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on Petition No. 4230, filed by Lawrence Curran, requesting to vacate the drainage and utility easement between Lots 5 and 6, Block 1, Replat of Eastbank Estates Addition. (5.1a) First reading Ordinance No. 02-10078. Mayor Seaton opened the public hearing. Shawn O'Leary, Director of Engineering and General Services, explained the request, utilities, and drainage of the easement. There being no further comments, the hearing was closed. Commission Action # c 11d,m sew: 02-3256 Moved by Commissioner Divine, seconded by Commissioner Jilka, to pass Ordinance No. 02-10078 on first reading. Aye: (4). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of April 15, 2002. Commissioner Jilka explained the amendment. 02-3257 Moved by Commissioner Heath, seconded by Commissioner Divine, to approve the consent agenda as amended. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #Z02-1, filed by C.L. Clark, requesting a change in zoning district classification from A-1 (Agricultural District) and C-5 (Service Commercial) District to C-5 (Service Commercial) and I-2 (Light Industrial) District on property located at the southwest corner of North Ninth Street and Pleasant Hill Road. (7.1a) First reading Ordinance No. 02-10079. Dean Andrew, Director of Planning and Community Development, explained the request and the Planning Commission's recommendation. A discussion followed between Mr. Andrew and Commissioner Divine regarding area being zoned as a park district and the paving of the parking area. Connie Achterberg (representing the applicant), 132 Overhill, responded to Commissioner Divine's inquiry regarding maintenance of the area. 02-3258 Moved by Commissioner Divine, seconded by Commissioner Jilka, to pass Ordinance No. 02-10079 on first reading with the stipulation that the items relating to the maintenance and appearance of the borrow area would be addressed during the platting. Aye: (4). Nay: (0). Motion carried. (7.2) Application CCP01-1/1A, filed by King Industries, requesting approval of a final plat of a 15.11 acre tract located on the north side of Grand Avenue, west of Dry Creek, that is to be known as King Industries Subdivision. Dean Andrew, Director of Planning and Community Development, explained the request, lot design, street access, present utilities and drainage, and the Planning Commission's recommendation. A discussion followed with Mr. Andrew and Commissioner Divine regarding the location of the sewage lagoon and land use of the adjoining property owners. Jeff Gillam was available for questions. 02-3259 Moved by Commissioner Heath, seconded by Commissioner Jilka, to approve the final plat of a 15.11 acre tract located on the north side of Grand Avenue west of Dry Creek. Aye: (4). Nay: (0). Motion carried. (7.3) Consider applications for the 2002 Kansas Emergency Shelter Grant Program. Dean Andrew, Director of Planning and Community Development, explained the program, applications, and dollars requested. Judy Brengman, Neighborhood Services Coordinator, responded to Mayor Seaton's inquiry regarding last year's awards and reallocations. 02-3260 Moved by Commissioner Divine, seconded by Commissioner Heath, to approve the applications for the 2002 Kansas Emergency Shelter Grant Program. Aye: (4). Nay: (0). Motion carried. Commission Action # 02-3261 02-3262 02-3263 02-3264 02-3265 ADMINISTRATION (8.1) First reading Ordinance No. 02-10076 amending Chapter 8 of the Salina Code including local amendments to the Uniform Building, Plumbing and Mechanical Codes, National Electric Code and City of Salina requirements. (8.1 a) Declare an emergency exists for second reading on the same day. (8.1b) Second reading Ordinance No. 02-10076. Michael Morgan, Deputy City Manager, explained the amendments. Mr. Morgan also responded to Mayor Seaton regarding the emergency reading. Moved by Commissioner Jilka, seconded by Commissioner Divine, to pass Ordinance No. 02-10076 on first reading. Aye: (4). Nay: (0). Motion carried. Moved by Commissioner Divine, seconded by Commissioner Heath, to declare an emergency exists for second reading on the same day. Aye: (4). Nay: (0). Motion carried. Moved by Commissioner Jilka, seconded by Commissioner Heath, to adopt Ordinance No. 02-10076 on second reading. A roll call vote was take. Aye: (4) Divine, Jilka, Heath, Seaton. Nay: (0). Motion carried. (8.2) Award of contract for the 2002 Dangerous Structures Demolition, Project No. 02-1337, to Johnson Farms in the amount of $7,986.00. Shawn O'Leary, Director of Engineering and General Services, explained the project and bids received. Mr. O'Leary clarified for Commissioner Divine that the total amount included all three demolitions. Michael Morgan, Deputy City Manager, commented on the Building Services heightened awareness regarding dangerous structures. He also commented on working with the property owners. Mr. O'Leary clarified that the cost of the demolition would later be assessed to the properties. Moved by Commissioner Divine, seconded by Commissioner Jilka, to award the contract for the 2002 Dangerous Structures Demolition, Project No. 02-1337 to Johnson Farms in the amount of $7,986.00. Aye: (4). Nay: (0). Motion carried. (8.3) Authorize acquisition of the Amazon EMS Billing Software for the amount of $15,500. Rodney Franz, Director of Finance and Administration, explained the purchase. Moved by Commissioner Jilka, seconded by Commissioner Divine, to authorize the purchase of EMS Billing Software from Sweet Computer Services in the amount of $15,500. Aye: (4). Nay: (0). Motion carried. (8.4) Resolution No. 02-5830 expressing support to OCCK for the use of Community Service Program tax credits to encourage private donations to help finance the purchase and renovation of a vehicle maintenance facility. Dean Andrew, Director of Planning and Community Development, explained the request from OCCK and resolution. Phyllis Anderson, representing OCCK, was available for questions. Commissioner Divine complimented the efforts of OCCK and staff. 02-326611 Moved by Commissioner Divine, seconded by Commissioner Heath, to adopt Resolution 02-5830. Aye: (4). Nay: (0). Motion carried. Commission Action # 02 - 02-3268 --- 02-3269 Moved by Commissioner Divine, seconded by Commissioner Heath, to recess into Executive Session for thirty (30) minutes to discuss with the City Attorney a matter subject to the attorney client privilege for the reason that public discussion would waive the privilege and to discuss a personnel matter involving non -elected personnel of the City for the reason that public discussion of the matter would violate the privacy rights of the City employee involved; and reconvene at 5:40 p.m. Aye: (4). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Roberta Huseman read the proclamation for the "National Day of Prayer". (9.2) Mayor Seaton noted that there would not be a Commission meeting on April 29, 2002 (5t' Monday) and there would be a Water Plant tour following the Executive Session. (9.3) Commissioner Jilka expressed concerns regarding recent actions taken by the Fox Theatre Board. Commissioner Jilka also stated that he voted against the award of the HVAC contract at the Fox Theatre Board meeting. Dennis Kissinger, City Manager, noted that the tour had been cancelled due to time. The City Commission recessed into Executive Session and reconvened at 5:40 p.m. Moved by Commissioner Jilka, seconded by Commissioner Heath, to reconvene into the current Executive Session for an additional ten (10) minutes and reconvene at 5:50 p.m. Aye: (4). Nay: (0). Motion carried. The City Commission recessed in Executive Session at 5:40 p.m. and reconvened at 5:50 p.m. No action was taken. ADJOURNMENT Moved by Commissioner Heath, seconded by Commissioner Jilka, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting adjourned at 5:50 p.m. JstinM_`Se�bnMayor [SEAL] ATTEST: AavD&a&V Lieu Ann Nicola, City Clerk