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10-21-2002 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 21, 2002 4:00 p.m. The City Commission convened at 3:45 p.m. in 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 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 23rd through the 31St, 2002 as "Red Ribbon Week" in the City of Salina. Mike Marshall, Deputy Police Chief, read the proclamation. (4.2) The week of October 20th through the 26th, 2002 as "YWCA Week Without Violence" in the City of Salina. Ann Nettleton, YWCA Board Member and YWCA Week Without Violence Chairperson and Mandy Moline, sixth grade student at Oakdale Elementary, read the proclamation. (4.3) Presentation of plaque of appreciation for outgoing board member of the Building Advisory Board. Mayor Seaton presented the plaque to Lyle Lightfoot. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of October 7, 2002. (6.2) Application #P93 -3D, filed by Excel Development Group, requesting approval of a replat of Lots 1-11, Block 1 of Golden Eagle Estates Addition No. 2. (6.3) Consider advisory board recommendations and public comment regarding proposed use of 2002 Local Law Enforcement Block Grant (LLEBG) program funds. (6.4) Authorize purchase of a replacement air scrubber unit from JMT Inc. in the amount of $42,695. Commission Action # 02-3457 02-3458 02-3459 02-3 (6.5) Resolution No. 02-5882 authorizing an agreement with Richard J. and Susan C. Wise for water and sanitary sewer service and consent to future annexation. Mayor Seaton noted that the funds from the LLEBG would be used to help defray the cost of adding two dispatchers to the 9-1-1 Emergency Communications Center. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Request for City Commission policy guidance on the intent and application of Section 42-503 of the Salina Code pertaining to Sign Regulations. Dean Andrew, Director of Planning and Community Development, explained the request from Bosselman Travel Center, located at 1944 N. Ninth Street and City Staff's interpretation of section 42-503 of the Salina Code. A discussion followed between Mayor Seaton and Dennis Kissinger, City Manager, regarding the intent of the section and improved language of the code. Moved by Commissioner Shadwick, seconded by Commissioner Heath, that such rotating beacons are prohibited within the city but that the language in Section 42-503(e) should be modified to more clearly reflect the determination. Aye: (5). Nay: (0). Motion carried. (7.2) Resolution No. 02-5855 expressing support for additional affordable multi -family housing on East Kirwin Avenue in the City of Salina. Dean Andrew, Director of Planning and Community Development, explained the request. Mr. Andrew also explained that the Board of Zoning Appeals was scheduled to consider the parking variance at its September 19, 2002 meeting and the applicant had requested that the variance application be tabled indefinitely. A discussion followed between Commissioner Divine, Dennis Kissinger, City Manager, and Mr. Andrew regarding the Willow Grove Apartments occupancy. Moved by Commissioner Divine, seconded by Commissioner Shadwick, to deny Resolution No. 02-5855. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 02-10106 amending Chapter 38, Article VII, by adding Section 38-151 pertaining to "engine brake" regulations. Mayor Seaton clarified that Ordinance No. 02-10106 was passed on first reading on October 7, 2002 and since that time no comments have been received. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt Ordinance No. 02-10106 on second reading. Aye: (5) Divine, Heath, Jilka, Shadwick, Seaton. Nay: (0). Motion carried. (8.2) Resolution No. 02-5881 authorizing the City Manager to execute an agreement with MAXIMUS, Inc. to provide valuation consulting services, in an amount not to exceed $18,900. Michael Morgan, Deputy City Manager, explained the agreement and that MAXIMUS would provide an updated and comprehensive building appraisal. Mr. Morgan then responded to Commissioner Jilka's inquiry regarding the fulfillment of current fiscal reporting requirements for compliance with GASB Statement 34. Dennis Kissinger, City Manager, commented on the valuations for insurance and accounting purposes. A discussion then followed between Mr. Kissinger, Mr. Morgan, and Commissioner Divine regarding structures and if public art was included in the agreement. Commission Action # 02-346 02-346, 02-346-- 02-3464 Moved by Commissioner Heath, seconded by Commissioner Jilka, to adopt Resolution No. 02-5881. Aye: (5). Nay: (0). Motion carried. (8.3) Award of contract for the Broadway Boulevard Median Improvements, Project No. 02- 1375. Shawn O'Leary, Director of Engineering and General Services, explained the project, quotes received by October 1, 2002, and project funding. Mr. O'Leary also responded to Commissioner Heath's questions regarding irrigation. A discussion followed between Commissioner Jilka, Commissioner Divine, City Manager Dennis Kissinger, and Mr. O'Leary regarding cost effectiveness and storm water drainage. Moved by Commissioner Divine, seconded by Commissioner Shadwick, to award the contract for the Broadway Median Improvements, Project No. 02-1375 to Heartstone, Inc. of Wichita in the amount of $12,380.00. (8.4) Request for Executive Session (legal). Moved by Commissioner Shadwick, seconded by Commissioner Heath, to recess into Executive Session for 15 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 interest in the matter; and reconvene at 4:55 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into Executive Session at 4:40 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 15 minutes; and reconvene at 5:10 p.m. The City Commission recessed into Executive Session at 4:55 p.m. and reconvened at 5:10 p.m. No action was taken. None. OTHER BUSINESS ADJOURNMENT 02-3465II 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. tstin M. Seato , Mayor [SEA]L] ATTEST: Lieu Ann Nicola, City Clerk