07-08-2002 MinutesCommission
Action #
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
July 8, 2002
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session for an Animal Control Ordinance
Report -Staff Briefing. 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
Commissioner Monte D. Shadwick
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Lieu Ann Nicola, City Clerk
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 July 1, 2002.
(6.2) Approve submission of an application to the Local Law Enforcement Block Grant
Program, accepting the grant award, and appointing an advisory board.
(6.3) Resolution No. 02-5850 authorizing an agreement with the Union Pacific Railroad for the
W. Ash Street Railroad Crossing Replacement, Project No. 02-1368.
(6.4) Authorize purchase of software licensing for personal computers to Software Spectrum
of Garland, Texas in the amount of $109,320.00.
Commissioner Divine requested that item 6.4 be removed from the consent agenda for
further explanation.
02-3336 Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve Items
6.1 through 6.3 of the consent agenda. Aye: (5). Nay: (0). Motion carried.
Jason Gage, Assistant City Manager, responded to Commissioner Divine's questions
regarding Item 6.4.
Commission
Action #
) ►. I&I
02-3338
02-3339
02-33401
02-3341
02-33421
Moved by Commissioner Heath, seconded by Commissioner Divine, to authorize the
purchase of software licensing for personal computers to Software Specturm of Garland, Texas in the
amount of $109,320.00. Aye: (5). Nay: (0). Motion carried.
None.
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Second reading Ordinance No. 02-10087 amending the Salina Code, Section 22-23
pertaining to Gas Distribution Systems, Sections 8-36.1 and 8-188.1 adopting local amendments to
the Uniform Plumbing and Building Codes, and Section 8-401 pertaining to permits.
Mayor Seaton clarified that Ordinance No. 02-10087 was passed on first reading on July
1, 2002 and since that time no comments have been received.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Ordinance
No. 02-10087 on second reading. A roll call vote was taken. Aye: (5) Divine, Heath, Jilka, Shadwick,
Seaton. Nay: (0). Motion carried.
(8.2) Second reading Ordinance No. 02-10088 amending the zoning district classification from
I-2 (Light Industrial District) to R-3 (Multi -Family Residential) District on property legally described
as the West 67 -feet of Lot 59 on Tenth Street in Bishops' Addition to the City of Salina, Saline
County, Kansas and addressed as 340 N. Tenth Street.
Mayor Seaton clarified that Ordinance No. 02-10088 was passed on first reading on July
1, 2002 and since that time no comments have been received.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to adopt Ordinance
No. 02-10088 on second reading. A roll call vote was taken. Aye: (5) Divine, Heath, Jilka, Shadwick,
Seaton. Nay: (0). Motion carried.
(8.3) Receive and consider bids on $1,980,000 in General Obligation Bonds, Series 2002-B
for the City of Salina, Kansas.
(8.3a) Second reading Ordinance No. 02-10082 authorizing the issuance and
delivery of General Obligation Internal Improvement Bonds, Series 2002-B.
(8.3b) Resolution No. 02-5835 prescribing the form and details of, and authorizing
the delivery of $1,980,000 principal amount of General Obligation Internal Improvement
Bonds, Series 2002-B.
Dennis Kissinger, City Manager, explained the projects included and the time period of
the financing.
David Arteberry, George K. Baum & Company, reported on the bids received.
A discussion followed between Mr. Arteberry and Mr. Kissinger regarding the Moody's
credit rating and interest rate in conjunction with the expansion to the Law Enforcement Center for
the Municipal Court project.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to award the bid
on the $1,980,000 in General Obligation Bonds, Series 2002-B to Country Club Bank at the rate of
3.790075 percent. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Heath, seconded by Commissioner Jilka, to adopt Ordinance
No. 02-10082 on second reading. A roll call vote was taken. Aye: (5) Divine, Heath, Jilka, Shadwick,
Seaton. Nay: (0). Motion carried.
Moved by Commissioner Divine, seconded by Commissioner Shadwick, to pass
Resolution No. 02-5835. Aye: (5). Nay: (0). Motion carried.
Commission
Action #
02-3343
02-3344
02-3345
(8.4) Authorize purchase of portable radio equipment, to be used by the Salina Fire Department,
from Mobile Radio Service, Inc. of Great Bend, Kansas in the amount of $26,320.50.
Fire Chief Darrell Eastin explained the need for the purchase and research findings.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to authorize the
purchase of portable radio equipment with Mobile Radio Service, Inc. of Great Bend, Kansas in the
amount of $26,320.50. Aye: (5). Nay: (0). Motion carried.
(8.5) Action on petition initiating an ordinance to repeal the City of Salina Ordinance No. 02-
10077 regulating smoking in restaurants.
Dennis Kissinger, City Manager, explained the applicable state statute (K.S.A. 12-3013),
the certification of the petition, and City Commission's alternatives.
A discussion followed with Commissioner Divine and Greg Bengtson, City Attorney,
regarding the State statute used in calling of the election.
Trent Davis, 2145 Hillside, expressed his support of not repealing the existing smoking
ordinance and putting the issue to the public vote at the November General Election.
Gary Swartzendruber, 528 S. College, Coalition for Reasonable People, thanked citizens
involved in the petition drive and stated they did not want the Commission to repeal the ordinance,
but did want it to go to a vote.
Mr. Bengtson responded to Mr. Swartzendruber's questions regarding the statutory
requirements for calling an election, specifically if the election needed to be held within 90 days. Mr.
Bengtson had concluded that the special election could be in either August or November.
Don Merriman, 325 Pine Ridge, Saline County Clerk, commented on the proposed dates
of the special election.
Mayor Seaton asked for a motion regarding an ordinance that would repeal Ordinance No.
02-10077.
The petition -initiated ordinance failed due to lacy of motion to approve. Declining to
approve the petition -initiated ordinance meant the Commission was required by statute to call a special
election.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt a resolution
calling for a special election submitting to the vote of the electors of the City of Salina an ordinance
repealing Ordinance No. 02-10077 regulating smoking in restaurants.
Commissioner Jilka, Commissioner Divine, Commissioner Heath, and Mayor Seaton
commented in support of the November 5, 2002 special election.
Lieu Ann Nicola, City Clerk, read the resolution that was assigned number 02-5851,
calling for a November 5 special election on the petition -initiated ordinance.
Mayor Seaton called for the vote of the motion on 'the floor adopting Resolution No. 02-
5851. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to pass Ordinance
No. 02-10089 on first reading amending Section 3 "Effective Date" of Ordinance No. 02-10077 as
amended by Ordinance No. 02-10085.
Commissioner Divine expressed her opposition to a delayed effective date, but
acknowledge the City Attorney's opinion that the delay was advisable.
Mayor Seaton called for the vote of the motion on the floor. Aye: (4). Nay: (1) Divine.
Motion carried.
(8.6) Request for Executive Session.
Commission
Action #
02-3346 Moved by Commissioner Shadwick, seconded by Commissioner Heath, to recess into
executive session for 10 minutes to discuss a matter regarding non -elected city personnel for the
reason that public discussion of the matter would violate the privacy rights of the non -elected city
personnel involved; and reconvene at 5:10 p.m.
The City Commission recessed into Executive Session at 5:00 p.m. and reconvened at
5:10 p.m. No action was taken
None.
OTHER BUSINESS
ADJOURNMENT
02-3347 Moved by Commissioner Heath, seconded by Commissioner Shadwick, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 5:10 p.m.
t.stin M. Seato , Mayor
[SEAL]
ATTEST:
Lieu Ann Nicola, City Clerk