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09-27-2010 MinutesCommission Action # 10-0289 (7.R) 10-0290 (7. CFhY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS September 27, 2010 4:00 p.m. The City Commission convened at 2:00 p.m. in a Study Session at the Bicentennial Center for a Food Consultant Presentation. 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 Aaron G. Peck, Presiding Officer Commissioner Samantha P. Angell Commissioner Tom Arpke Commissioner Norman Jennings Commissioner M. Luci Larson comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: None None. CITIZEN FORUM AWARDS AND PROCLAMATIONS The week of October 3-9, 2010 as "Fire Prevention Week" in the city of Salina. Jeff Daily, Salina Fire Department Fire Inspector, read the proclamation and announced upcoming events. The month of October 2010 as 'Breast Cancer Awareness Month" in the city of Salina. Hank Boyer read the proclamation and Linda Hinnenkamp announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA Approve the minutes of September 20, 2010 (special and regular). Authorize the rehabilitation of two power transformers at the Wastewater Treatment Plant by Peterson Electric in the amount of $36,825. Approve Change Order No. 1 for the Wastewater Pump Station Rehabilitation at Pump Station Nos. 10 and 38, Project No. 05-1552 with Smoky Hill, LLC in the amount of $23,781.50. Moved by Commissioner Larson, seconded by Commissioner Arpke, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS Consider a request (filed from Pat Bolen of Sunset Plaza, Inc.) to remove a portion of Lot 4, Block 8 of the Sunset Manor Addition from the Amended Planned Development District for the Natural Resources Conservation Office located at 760 S. Broadway Boulevard. (7.1 a) First reading Ordinance No. 10-10572. Dean Andrew, Director of Planning, explained the request and the Planning Commission's recommendation of approval. Moved by Commissioner Angell, seconded by Commissioner Jennings, to pass Ordinance No. 10- 10572 on first reading. Aye: (5). Nay: (0). Motion carried. Agreement for dedication of stormwater detention basins in the Grand Prairie Addition. Dean Andrew, Director of Planning, explained City's policy of maintaining developed basins, maintenance, and agreement. Page 1 Commission Action N A discussion followed between Mr. Andrew, City Manager Jason Gage, and Mayor Peck's regarding where the fund would be directed, whether the 10 -year maintenance fee was adequate and maintenance issues. 104291 Moved by Commissioner Angell, seconded by Commissioner Jennings, to approve the agreement w for dedication of stormwater detention basins in the Grand Prairie Addition. Aye: (5). Nay: (0). Motion carried. o ADMINISTRATION 0 (8.) Second reading Ordinance No. 10-10565 amending Chapter 8, Article III, Division 1 of the Salina Code pertaining to building contractor licenses. Mayor Peck noted that Ordinance No. 10-10565 was passed on first -reading on September 20, 2010 and since that time no comments have been received. 10-0292 �I Moved by Commissioner Jennings, seconded by Commissioner Arpke, to adopt Ordinance No. 10-10565 on second reading. A roll call vote was taken. Aye: (5) Angell, Arpke, Jennings Larson, Peck. Nay: (0). Motion carried. Second reading Ordinance No. 10-10566 amending Chapter 8, Article II, Sections 8-162 through 8- 164 of the Salina Code pertaining to the Building Advisory Board. Mayor Peck noted that Ordinance No. 10-10566 was passed on first reading on September 20, 2010 and since that time no comments have been received. 10-0293 II Moved by Commissioner Jennings, seconded by Commissioner Arpke, to adopt Ordinance No. 10-10566 on second reading. A roll call vote was taken, Aye: (5) Angell, Arpke, Jennings, Larson, Peck. Nay: (0). Motion carried. (8.) First reading Ordinance No. 10-10567 amending Chapter 38, Article f of the Salina Code by adopting the 2010 Standard Traffic Ordinance, Jennifer Wyatt, City Prosecutor, outlined the changes. 10-0294 Moved by Commissioner Larson, seconded by Commissioner Jennings, to pass Ordinance No. 10- 10567 on first reading. Aye: (5). Nay: (0). Motion carried. Salina Code Chapter 25 amendments. (8.4a) First reading Ordinance No. 1.0-10568 amending Chapter 25, Article IV of the Salina Code by adding Sections 25-74 and 25-75 pertaining to public nudity. (8.4b) First reading Ordinance No. 10-10569 amending Chapter 25, Article VIII of the Salina Code by amending Section 25-131 and adding Section 25-131.1 pertaining to offenses against public places. (8.4c) First reading Ordinance No. 10-10570 amending Chapter 25, Article IX, Section 25-151 of the Salina Code pertaining to unlawful use of weapons. (8.4d) First reading Ordinance No. 10-10571 amending Chapter 25, Article IX by adding Section 25-162 pertaining to obstructing ingress and egress. Jennifer Wyatt, City Prosecutor, explained the proposed ordinances. 10-029511 Moved by Commissioner Larson, seconded by Commissioner' Arpke, to pass Ordinance No. 10- '10568 on first reading. Aye: (5). Nay: (0). Motion carried. 10-0296 Moved by Commissioner Larson, seconded by Commissioner Arpke, to pass Ordinance No. 10- 10569 on first reading. Aye: (5). Nay: (0). Motion carried. 10-029711 Moved by Commissioner Larson, seconded by Commissioner Arpke, to pass Ordinance No. 10- 10570 on first reading. Aye: (5). Nay: (0). Motion carried. 10-0298 I Moved by Commissioner Larson, seconded by Commissioner Arpke, to pass Ordinance No. 10- 10571 on first reading. Aye: (5). Nay: (0). Motion carried. Page 2 Commission Action N 10-0300 (8. 10-0301 10-0302 First reading Ordinance No. 10-10573 amending Chapter 40, Article 1, Division 3 of the Salina Code by amending Section 40-36 to provide for a two year ineligibility period after an application for a taxicab driver's license has been denied. Jared Johnson, Assistant City Attorney, explained the amendment. Moved by Commissioner Jennings, seconded by Commissioner Larson, to pass Ordinance No. 10- 10573 on first reading. Aye: (5). Nay: (0). Motion carried. First reading Ordinance No. 10-10574 amending Chapter 5 of the Salina Code regarding Alcohol. Jared Johnson, Assistant City Attorney, explained the legislative changes and proposed amendments. Mr. Johnson then responded to Commissioner Jennings' questions regarding the occupation taxes imposed and distributor's and catering licenses. Moved by Commissioner Angell, seconded by Commissioner Arpke, to pass Ordinance No. 10- 10574 on first reading. Aye: (5). Nay: (0). Motion carried. Resolution No. 10-6768 consenting to the assignment of a portion of the development agreement in connection with the Lamberts Addition Tax Increment Financing District. Michael Schrage, Deputy City Manager, summarized the project, development agreement, and property transfer. Mr. Schrage then responded to Commissioner Angell's question regarding owner responsibilities. Moved by Commissioner Jennings, seconded by Commissioner Larson, to adopt Resolution No. 10-6768. Aye: (5). Nay: (0). Motion carried. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Arpke, seconded by Commissioner Angell, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 4:47 p.m. /' Aaron G. Peck, Mayor [SEAL] ATTEST: Lieu Ann Elsey, CMC, City lerk Page 3