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08-25-2008 MinutesCommission Action # 1 1 08-76181 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 25, 2008 4:00 p.m. The City Commission convened at 3:45 p.m. in a Study Session for a Citizens' 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 John K. Vanierl'II, Chairman presiding Commissioner Alan E Jilka Commissioner Luci Larson Commissioner Aaron Peck Commissioner R. Abner Perney comprising a quorum of the Board, also present: Jason A. Gage, City Manager Jared Johnson, Legal Counsel Lieu Ann Elsey, City Clerk Absent: None CITIZEN FORUM Elwin Thrush, 412 W. Elm Street, expressed concerns of the maintenance and condition of side streets within the city limits. Larry Pankratz, Executive Director of the Salina Housing Authority, thanked the City for allowing them to use the Water Plant as their office while their building was being repaired due to a fire. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on Petition No. 4308, filed by DL Rogers Corporation, requesting vacation of the ten foot alley ri o ring north -south between Lots 173 and 175 on Seventh Street and Lots 174 and 176 on Santa Fe Avenue in the Original Townsite of Salina. (First reading Ordinance No. 0$- 10462.) I; (5.1a) Resolution No. 08-6551 authorizing a variance of Ordinance No. 91-9486 to allow construction of a building over an existing utility easement, Dean Andrew, Director of Planning, explained the request, zoning of the property, and dedication of an easamept, sleeve. Mayor Vanier opened ;the public hearing. A discussion followed between Mayor Vanier and Mr. Andrew regarding the sewer line There being no further comments, the public hearing was closed. Moved by Commissioner Peck, seconded by Commissioner Jilka, to pass Ordinance No. Page 1 Commission Action # 08-10462 on first reading with the retention of the alleyways as a utility easement. Aye: (5). Nay: (0). Motion carried. 08-7619 Moved by Commissioner Jilka, seconded by Commissioner Larson, to adopt Resolution N No. 08-6551. Aye: (5). Nay: (0).'Motion carried. Z a W m CONSENT AGENDA y (6.1) Approve the minutes of August 18, 2008. 0 U (6.2) Resolution No. 08-6550 amending the Comprehensive Fee Schedule by establishing a fee for sending a 30 day notice from Salina Municipal Court. (6.3) Resolution No. 08-6553 amending the Comprehensive Fee Schedule by adding the 2008 International Code Council Construction Valuation Tables and amending the fees for egress windows and portable pools with an effective date of January 1, 2009. (6.4) Award of contract for roof repairs for Memorial Hall to S&S Contracting in the amount of $49,000. 08-7620 Moved by Commissioner Peck, seconded by Commissioner Perney, to approve the consent 11 agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS W=6 r ADMINISTRATION (8.1) Second reading Ordinance No. 08-10461 adopting the 2009 budget. Mayor Vanier noted that Ordinance No. 08-10461 was passed on first reading on August 11, 2008 and since that time no comments have been received. 08-7621 Moved by Commissioner Peck, seconded by Commissioner Perney, to adopt Ordinance No. 08-10461 on second reading.) A roll call vote was taken. Aye: (5) Jilka, Larson, Peck, Perney, Vanier. Nay: (0). Motion carried. (8.2) First reading Ordinance No. 08-10463 amending Chapter 25, Article V, Sections 25-81 and 25-82 of the Salina Code pertaining to furnishing alcoholic liquor and cereal malt beverages to a minor. (8.2a) Declare an',',emergency exists for second reading on the same day. (8.2b) Second reading Ordinance No. 08-10463. Judge Brenda Stoss explained the amendment. 08-7622 Moved by Commissioner Jilka, seconded by Commissioner Perney, to pass Ordinance No. 08-10463 on first reading. Aye: (5). Nay: (0). Motion carried. 08-7623 Moved by Commissioner Jilka, seconded by Commissioner Perney, to declare an 11 emergency exists for second reading on the same day. Aye: (5). Nay: (0). Motion carried. 08-76241 Moved by Commissioner Larson, seconded by Commissioner Peck, to adopt Ordinance No. 08-10463 on second reading: A roll call vote was taken. Aye: (5) Jilka, Larson, Peck, Perney, Page 2 Commission Action # i z w ca 0 N U 08-7625 08-7626 08-7627 08-7628 08-7629 08-7630 08-7631 08-76321 Vanier. Nay: (0). Motion carried: (8.3) Standard Traffic Ordinance (8.3a) First reading Ordinance No. 08-10464 amending Chapter 38, Article I by adopting the 2008 Standard Traffic Ordinance and local amendments. (8.3a.1) Declare an emergency exists for second reading on the same day. (8.3a.2) Second reading Ordinance No. 08-10464. (8.3b) First reading Ordinance No. 08-10465 amending Chapter 38, Article I of the Salina Code by repealing Section 38-1.2 pertaining to penalties for scheduled fines. (8.3b.1) Declare an emergency exists for second reading on the same day. (8.3b.2) Second reading Ordinance No. 08-10465. Judge Brenda Stoss explained the amendments to the Standard Traffic Ordinance and the repealing of Section 38.1.2. Judge Stoss, City Manager Jason Gage, and Deputy City Manager Mike Schrage responded to Commissioner Perney's questions regarding work site utility vehicles and micro - utility trucks and operation of work site utility vehicles on city streets. Moved by Commissioner Perney, seconded by Commissioner Jilka, to pass Ordinance No. 08-10464 on first reading. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Perney, seconded by Commissioner Peck, to declare an emergency exists for second reading on the same day. Moved by Commissioner Perney, seconded by Commissioner Peck, -to adopt Ordinance No. 08-10464 on second reading.', A roll call vote was taken. Aye: (5) Jilka, Larson, Peck, Perney, Vanier. Nay: (0). Motion carried'. Moved by Commissioner Perney, seconded by Commissioner Larson, to pass Ordinance No. 08-10465 on first reading. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Perney, seconded by Commissioner Jilka, to declare an emergency exists for second reading on the same day. Moved by Commissioner Perney, seconded by Commissioner Larson, to adopt Ordinance No. 08-10465 on second reading.'; A roll call vote was taken. Aye: (5) Jilka, Larson, Peck Perney, Vanier. Nay: (0). Motion carried. (8.4) Resolution No. 08-6552 consenting to the levy of 2.877 mills in the year 2008 for the use by the Salina Airport Authority in the year 2009 for the purpose of making airfield capital improvements and general obligation bond debt service at the Salina Municipal Airport and Salina Airport Industrial Center. Rod Franz, Director of Finance and Administration, explained the statutory requirement and the levy request. Moved by Commissioner Peck, seconded by Commissioner Jilka, to adopt Resolution No. 08-6552. Aye: (5). Nay: (0). Motion carried. (8.5) Resolution -No. 08-6549 appointing members to various boards and commissions. Mayor Vanier noted that the appointments would be posted on the city website. Moved by Commissioner Jilka, seconded by Commissioner Perney, to adopt Resolution No. 08-6549. Aye: (5). Nay: (0). Motion carried. Page 3 Commission Action # N Z w w m c N N C 08-7633 1 None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Larson, seconded by Commissioner Peck, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 4:30 p.m. John . Vanier II, Mayor [SEAL] ATTEST: Shandi Wicks, Deputy City Clerk. Page 4