10-07-2002 MinutesCommission
Action #
02-3447
02-34481
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
October 7, 2002
4:00 p.m.
The City Commission convened at 3:45 p.m. in a Citizens' Open Forum. The Regular Meering 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.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The week of October 6-12, 2002 as "Fire Prevention Week" in the City of Salina. Deb
Weaver, with the Salina Fire Department, read the proclamation.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Consider the vacation of an existing utility easement on part of Lot 11, Block 4 in Golden
Eagle Estates No. 2 Addition.
Mayor Seaton opened the public hearing.
Shawn O'Leary, Director of Engineering and General Services, explained the
request and that the applicant has requested additional time.
Tim Howison, applicant, requested that the public hearing be continued for approximately
30 days.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to continue the public
hearing to November 4, 2002. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of September 23, 2002.
(6.2) Resolution No. 02-5878 authorizing a license agreement with Lawrence D. Triplett
allowing maintenance of an existing commercial sign pole in the public right-of-way.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
Commission
Action #
ca,wiae�eo-seune
02-344
02-345(
02-3451
02-3452
02-34531
DEVELOPMENT BUSINESS
(7.1) Resolution No. 02-5877 requesting that the Saline County Commission approve the
annexation of properties in the vicinity of Water Well Road and I-135.
Dean Andrew, Director of Planning and Community Development, explained the request.
A discussion followed between Mr. Andrew and Mayor Seaton regarding the annexation procedure.
Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt
Resolution No. 02-5877. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) First reading Ordinance No. 02-10106 amending the Salina Code by adding Section 38-
151 regulating the use of truck "engine brakes" in certain areas.
Dennis Kissinger, City Manager, explained the proposed ordinance and responded to
Commissioner Divine's question regarding signage.
Moved by Commissioner Heath, seconded by Commissioner Shadwick, to pass Ordinance
No. 02-10106 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.2) Resolution No. 02-5879 authorizing a Consent Agreement with the Kansas Department
of Health and Environment (K.D.H.E.) for air quality application/paperwork violations.
Dennis Kissinger, City Manager, explained that Salina and other landfills in Kansas have
been working with K.D.H.E.'s Air Operating Permit and Compliance section regarding compliance
with air quality regulations and failed in filing certain notices and applications that resulted in a
violation.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt
Resolution No. 02-5879. Aye: (5). Nay: (0). Motion carried.
(8.3) Resolution No. 02-5880 authorizing an Engineering Agreement with Bucher, Willis and
Ratliff for the Crawford Street and Front Street Intersection Improvements, Project No. 02-1355 in
an amount not to exceed $33,876.00.
Commissioner Divine excused herself due to conflict of interest.
Shawn O'Leary, Director of Engineering and General Services, explained the project,
estimated cost, and project funding. A discussion followed between Mr. O'Leary, Mayor Seaton,
Commissioner Jilka, and Commissioner Heath regarding the project timeline, existing crosswalks, and
traffic flow.
Moved by Commissioner Jilka, seconded by Commissioner Heath, to adopt Resolution
No. 02-5880. Aye: (4). Nay: (0). Abstain: (1) Divine. Motion carried.
Commissioner Divine returned to the forum.
(8.4) Withdrawn.
(8.5) Award of contract for the 2002 Utility System Improvements, Project No. 02-1358.
Shawn O'Leary, Director of Engineering and General Services, explained the project and
bids received on September 24, 2002. Mr. O'Leary also explained that staff conducted reference
checks on the low bidder because the contractor has not completed similar work for the City and
reasoning for Staff's recommendation of awarding the contract to the next lowest bidder.
Dennis Kissinger, City Manager, noted that contact had been made with the company to
encourage continuation to bid on projects with the City to gain experience.
Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to award the
contract for the 2002 Utility System Improvements, Project No. 02-1358 to Smoky Hill, L.L.C. in the
amount of $459,217.00.
Commission
Action #
02-3
02-3455
02-3456
OTHER BUSINESS
(9.1) Dennis Kissinger, City Manager, noted that October 28, 2002 at 7:00 p.m. has been
tentatively set for the public information meeting regarding vicious animals.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to recess into
Executive Session for 25 minutes in order to discuss with the City Attorney a matter subject to the
attorney-client privilege for the reason that public discussion would jeopardize the City's position in
the matter; conduct preliminary discussions relating to the acquisition of real estate for the reason that
public discussion would adversely affect the City's ability to acquire the real estate for fair market
value; and discuss a matter involving 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 4:55 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into Executive Session at 4:30 p.m. and reconvened at
4:55 p.m.
Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to reconvene into
the current Executive Session for 20 minutes; and reconvene at 5:15 p.m. Aye: (5). Nay: (0). Motion
carried.
The City Commission recessed into Executive Session at 4:55 p.m. and reconvened at
5:15 p.m. No action was taken.
ADJOURNMENT
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 5:15 p.m.
[SEAL]
ATTEST:
�W�Jlt
Lieu Ann Nicola, City Clerk
fstin4e Mayor