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08-19-2002 MinutesCommission Action # 02-3398 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 19, 2002 4:00 p.m. The City Commission convened at 3:00 p.m. in a Study Session for Miscellaneous Staff Reports. 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 Arm 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 August 12, 2002. (6.2) Resolution No. 02-5865 authorizing a license agreement with Charles P. Morrison to allow use of city -owned property described as Lot 20, Block 1, Pheasant Ridge Addition and maintain the property in the same manner as Lot 15, Block 1, Pheasant Ridge Addition. (6.3) Resolution No. 02-5866 authorizing a two-year agreement with Cellular One for the provision of cellular phone services. Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Second reading Ordinance No. 02-10096 levying special assessments to pay the cost of nuisance abatement on certain lots and parts of lots. Commission Action # co�soi�aa:ea�sai��a 02-3399 02-3400 02-3401 02-3402 02-3403 02-3404 Mayor Seaton clarified that Ordinance No. 02-10096 was passed on first reading on August 12, 2002 and since that time no comments have been received. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Ordinance No. 02-10096 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. 02-10097 amending Chapter 5, Article I, Section 5-1 of the Salina Code pertaining to the purchase or consumption of alcoholic beverage by minor and requiring suspension of driving privilege of such an offender. Moved by Commissioner Divine, seconded by Commissioner Shadwick, to adopt Ordinance No. 02-10097 on second reading. A roll call vote was taken. Aye: (5) Divine, Heath, Jilka, Shadwick, Seaton. Nay: (0). Motion carried. (8.3) Second reading Ordinance No. 02-10098 amending Chapter 25, Article IV, Section 25-7 of the Salina Code pertaining to soliciting acts of prostitution, sodomy or sexual activity. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to adopt Ordinance No. 02-10098 on second reading. A roll call vote was taken. Aye: (5) Divine, Heath, Jilka, Shadwick, Seaton. Nay: (0). Motion carried. (8.4) Second reading Ordinance No. 02-10099 amending Chapter 25, Article VII, Section 25- 123 of the Salina Code pertaining to unlawful use of identification cards. Moved by Commissioner Jilka, seconded by Commissioner Divine, to adopt Ordinance No. 02-10099 on second reading. A roll call vote was taken. Aye: (5) Divine, Heath, Jilka, Shadwick, Seaton. Nay: (0). Motion carried. (8.5) Second reading Ordinance No. 02-10100 amending Chapter 38, Article II, Section 38-34 of the Salina Code restricting pedestrians and certain vehicles on the interstate highway system within the city limits. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Ordinance No. 02-10100 on second reading. A roll call vote was taken. Aye: (5) Divine, Heath, Jilka, Shadwick, Seaton. Nay: (0). Motion carried. (8.6) First reading Ordinance No. 02-10101 amending Chapter 7 by adding Section 7-45 and amending existing Sections 7-4, 7-48, and 7-49 of the Salina Code, all pertaining to animals. Dennis Kissinger, City Manager, outline the proposed code changes and explained that the revisions would provide additional enforcement tools for animal control and for police and prosecutors in dealing with problems caused by owners failing to handle their dogs responsibly. Mr. Kissinger also noted that additional changes are tentatively scheduled for mid-September and may include a public hearing regarding the matter. He then responded to Commissioner Jilka's question regarding Section 7-32 of the Salina Code pertaining to exemptions to the limitation on the number of animals owned. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to pass Ordinance No. 02-10101 on first reading. Aye: (5). Nay: (0). Motion carried. (8.7) Resolution No. 02-5867 authorizing an agreement with Conrad Snider for the provision of public art enhancements for the Municipal Court Project No. 02-1351, in an amount not to exceed $50,000. Jason Gage, Assistant City Manager, explained the project and the art enhancements. He also summarized the items that would be included in the agreement. Mayor Seaton and Commissioner Divine commended staff's and the review team's efforts. Mr. Gage then responded to Commissioner Heath's inquiry regarding the tile work and the artist participation during the construction on the art pieces. Commission Action # consm1d,11d eime 02-340 02-340( 02-3407 02-3408 02-3409 Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Resolution No. 02-5867. Aye: (5). Nay: (0). Motion carried. (8.8) Award of contract for the 2002 Street Reconstruction, Roach Street and Chicago Street, Project No. 02-1329. Brad Johnson, Civil Engineer, explained the project and the bids received. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to award the contract for the 2002 Street Reconstruction, Roach Street and Chicago Street, Project No. 02-1329 to APAC-Kansas, Inc., Shears Division in the amount of $149,233.35. Aye: (5). Nay: (0). Motion carried. (8.9) Award of contract for the 2002 Flood Control Improvements, Beloit Avenue and South Ninth Street, Project No. 02-1329. Brad Johnson, Civil Engineer, explained the project and the bids received. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to award the contract for the 2002 Flood Control Improvements, Beloit Avenue and South Ninth Street, Project No. 02-1329 to APAC-Kansas, Inc., Shears Division in the amount of $89,048.30. Aye: (5). Nay: (0). Motion carried. (8.10) Consider acceptance and allocations of funds from the 2002 Kansas Emergency Shelter Grant Program. Judy Brengman, Neighborhood Services Coordinator, explained the allocations of funds and noted a correction to the staff report. Moved by Commissioner Divine, seconded Jilka, to accept the 2002 Kansas Emergency Shelter Grant Program award and approve the allocation of funds. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to recess into Executive Session for ten minutes to discuss with the City Attorney a matter subject to the attorney- client privilege for the reason that public discussion of the matter would waive that privilege and adversely affect the City's interests in the matter; and reconvene at 4:36 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into Executive Session at 4:26 p.m. and reconvened at 4:36 p.m. No action was taken. None. OTHER BUSINESS ADJOURNMENT 02-3410II 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 4:36 p.m. [SEA]L] ATTEST: Lieu Arm Nicola, City Clerk *stin4Seon, ayor