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09-23-2002 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS September 23, 2002 4:00 p.m. The City Commission convened at 3:45 p.m. in a Study Session for an open citizens' 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 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 Shandi Wicks, Account Clerk Commissioner Deborah P. Divine Lieu Ann Nicola, City Clerk None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The day of September 22, 2002 as "National ABWA Day" in the City of Salina. Dianne Cairns, President of Salina Charter Chapter of American Business Women's Association, read the proclamation. (4.2) The month of October 2002 as "Domestic Violence Awareness Month" in the City of Salina. Andrea Ring, Victim Advocate with DVACK, read the proclamation. (4.3) The Mayor presented of plaques of appreciation to outgoing Citizen Board Members. Those present were Andy Anderson and Wayne DeBey, Business Improvement District 1 Board of Advisors, John B. Arnold, Salina/Saline County Solid Waste Management Committee, and Richard L. Worth, Board of Zoning Appeals. Those not present but receiving plaques of appreciation were Stephen C. Thompson and Murray L. Gorman, Arts and Humanities Commission, Henrietta Corcoran, Business Improvement District 1 Design Review Board, Paul G. Webb, Clay Thompson and Roger Steinbrock, City Planning Commission, Bruce E. Moore, Community Corrections Advisory Board, Phyllis D. Nicholson, Lorene Commission Action # M. Scuitte, and Iris L. Carwein-Olsen, Disciplinary Advisory Board, Larry F. Turnquist, Park and Recreation Advisory Board, Marc H. Berry and Richard G. Duree, Salina/Saline County Solid Waste Management Committee, Mary O. Bender, Tree Advisory Board, and Michael S. Ramage, Board of Zoning Appeals. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approval of the minutes of September 9, 2002. (6.2) Resolution No. 02-5855 expressing the support for the conversion of the Willow Grove Apartments on East Kirwin Avenue tabled until October 21, 2002. 02-3437 Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application No. P93 -3D, filed by Excel Development Group, requesting approval of a replat of Lots 1 — 11, Block 1, Golden Eagle Estates Addition No. 2. Dean Andrew, Director of Planning and Community Development, handed out a copy of the requested replat to the Commissioners and presented the staff report explaining the reason for the request and the City Planning Commission's action setting conditions of approval. 02-3438 Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve the application. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 02-10083 providing for an amendment to the Golden Eagle Estates Planned Development District and an amended preliminary development plan to allow construction of an elderly housing facility on property legally described as Lot 1, Block 1, Golden Eagle Estates Addition No. 3. Mayor Seaton noted that no comments have been received and called for Commission action. 02-3439 Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt Ordinance Number 02-10083 on second reading. A roll call vote was taken. Aye: (4), Heath, Jilka, Shadwick, Seaton. Nay: (0). Motion carried. (8.2) Resolution No. 02-5872 authorizing a Ten year Parking Lot Lease Agreement with the Salina Area Chamber of Commerce. Commission Action # Dennis Kissinger, City Manager, explained that the property owners of the parking lot were not willing to invest in improvements but allow public parking. He then responded to Commission inquiries explaining the lot would be resealed not resurfaced, stripping and lighting would be done and that daytime parking would not be limited to less than eight hours. 02-3440 Moved by Commissioner Heath, seconded by Commissioner Shadwick, to adopt Resolution Number 02-5872 authorizing the Parking Lot Lease Agreement with the Chamber of Commerce. Aye: (4). Nay: (0). Motion carried. (8.3) Resolution No. 02-5874 authorizing a Contract of Sale of Real Estate, located at the intersections of South Ohio Street, Belmont Boulevard and Oxford Drive, to Bennington State Bank. Dennis Kissinger, City Manager, explained that the property is the remainder area from property acquired for a capital improvement project several years ago. This parcel is being sold to the adjacent property owner in exchange for an extensive landscaping plan. 02-3441 Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt Resolution Number 02-5874 authorizing the sale of the property to Bennington State Bank. Aye: (4). Nay: (0). Motion carried. (8.4) Resolution No. 02-5875 finding as to the advisability and authorizing construction of an improvement consisting of certain drainage improvements in the Tasker Addition, Project No. 02- 1373. Dennis Kissinger, City Manager, explained Petition No. 4236, submitted by Mr. Scott Krous requesting this drainage improvement in a residential area. He also explained the cost share in this case the maintenance problem of an open drainage ditch and the public and private benefit of the project. 02-3442 Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Resolution Number 02-5875. Aye: (4). Nay: (0). Motion carried. (8.5) Receive and review the 2001 Audit Report from Lowenthal, Singleton, Webb and Wilson, Professional Association. Rodney Franz, Director of Finance and Administration, explained that this is the first year this firm has audited the City's records and that no non-compliance issues were noted. He then introduced Audrey Odermann, Lead Auditor with Lowenthal, Singleton, Webb and Wilson, who briefly reviewed the Audit Report. 02-3443 Moved by Commissioner Heath, seconded by Commissioner Jilka, to receive the Audit Report. Aye: (4). Nay: (0). Motion carried. (9.1) Mayor Seaton noted that the City Commission will reconvene in two weeks and that no action was expected from the following executive session. (8.5) Request for Executive Session. Commission Action # 02-3444 Moved by Commissioner Shadwick, seconded by Commissioner Jilka, that the City Commission recess into executive session for 30 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 in this room at 5:03 p.m. Aye: (4). Nay: (0). Motion carried. The City Commission reconvened at 5:05 p.m. 02-3445 Moved by Commissioner Heath, seconded by Commissioner Jilka, that the City Commission reconvene into the current executive session for 25 minutes; and reconvene in this room at 5:30 p.m. Aye: (4). Nay: (0). Motion carried. The City Commission reconvened at 5:30 p.m. No action was taken. ADJOURNMENT 02-3446 Moved by Commissioner Shadwick, seconded by Commissioner Heath, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting adjourned at 5:30 p.m. Kristin M. Seaton, Mayor [SEAL] ATTEST: Lieu Ann Nicola, City Clerk