01-13-2003 MinutesCommission
Action #_—
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
January 13, 2003
4:00 p.m.
The City Commission convened at 3:15 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 Ann Nicola, City Clerk
None
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The day of January 20, 2003 as "Dr. Martin Luther King, Jr. Commemoration Day" in
the City of Salina. Allen Dean Smith read the proclamation and announced upcoming events.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of January 6, 2003.
(6.2) Resolution No. 03-5898 authorizing a Department of Justice Grant Public Safety
Equipment Agreement with Saline County.
(6.3) Resolution No. 03-5900 acknowledging receipt of FCC Form 1240 from Cox
Communications and approving a proposed change in the cable television basic service rate.
(6.4) Resolution No. 03-5902 authorizing the City Manager to execute agreements with
Samatha P. Angell, Charles R. Hensley and Patrick H. Thompson to provide indigent counsel services
for the Salina Municipal Court.
(6.5) Approval of the 2003 Computer Technology Plan and authorize staff to seek bids to make
recommended acquisitions.
Commissioner Jilka requested that Item 6.5 be removed from the consent agenda.
03-3544 Moved by Commissioner Divine, seconded by Commissioner Shadwick, to approve the
consent agenda Items 6.1 through 6.4 as presented. Aye: (5). Nay: (0). Motion carried.
Commission
Action #
Jason Gage, Assistant City Manager, responded to Commissioner Jilka's question
regarding why the plan is being considered today verses in March.
03-3545 Moved by Commissioner Jilka, seconded by Commissioner Divine, to approve Item 6.5
1; as presented. Aye: (5). Nay: (0). Motion carried.
None.
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Second reading Ordinance No. 03-10123 amending Chapter 25, Article VIII, Section 25-
131 of the Salina Code pertaining to Disorderly Conduct by adding a provision making it unlawful
to place any substance upon property of another person without that person's consent.
Mayor Seaton clarified that Ordinance No. 03-10123 was passed on first reading on
January 6, 2003 and since that time no comments have been received.
Commissioner Divine noted that she had received a comment from a citizen wanting
clarification if the ordinance would effect posting of garage sale signs and freedom of speech.
11
Dennis Kissinger, City Manager, clarified that it would not and signs are regulated in
different sections of the Salina Code.
03-3546; Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Ordinance
No. 03-10123 on second reading. A roll call vote was taken. Aye: (5) Divine, Heath, Jilka, Shadwick,
Seaton. Nay: (0). Motion carried.
03-3547
03-3548
(8.2) Second reading Ordinance No. 03-10125 amending Chapter 2, Article XIII, Sections 2-
240 and 2-241 of the Salina Code providing for petty cash and change funds.
Mayor Seaton clarified that Ordinance No. 03-10125 was passed on first reading on
January 6, 2003 and since that time no comments have been received.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt
Ordinance No. 03-1023 on second reading. A roll call vote was taken. Aye: (5) Divine, Heath, Jilka,
Shadwick, Seaton. Nay: (0). Motion carried.
(8.3) First reading Ordinance No. 03-10124 granting Southwestern Bell Telephone Company
a franchise to operate a telecommunications system in the City of Salina.
Dennis Kissinger, City Manager, explained the current franchise agreement and the
proposed agreement. Mr. Kissinger then responded to Commissioner Divine questions regarding
gross receipts.
Moved by Commissioner Heath, seconded by Commissioner Shadwick, to pass Ordinance
No. 03-10124 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.4) Resolution No. 03-5897 establishing city policy regarding the Kansas American Public
Works Association — National Pollution Discharge Elimination System Storm Water Phase II
Consortium.
Shawn O'Leary, Director of Engineering and General Services, summarized the federal
mandate from the U.S. Environmental Protection Agency regarding storm water pollution control
regulations, the consortium, and the agreement.
A discussion followed between Mayor Seaton, Commissioner Divine, City Manager
Dennis Kissinger, and Mr. O'Leary regarding stormwater data collected, cost of the contract, and
whether or not there would be a contract with the Kansas American Public Works Association.
Commission
Action #
03
03-3550
Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Resolution
No. 03-5897. Aye: (5). Nay: (0). Motion carried.
(8.5) Resolution No. 03-5899 appointing members to the Arts & Humanities Commission,
BID#1 Board of Advisors, Disciplinary Advisory Board, Emergency Medical Services Advisory
Board, Housing Authority, and the Salina/Saline County Solid Waste Management Committee.
Mayor Seaton read the appointments.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt
Resolution No. 03-5899. Aye: (5). Nay: (0). Motion carried.
(8.6) Resolution No. 03-5901 authorizing the City Manager to execute an agreement with the
Docking Institute of Public Affairs at Fort Hays State University for the purpose of conducting a
citizens survey on recycling issues and opinions for the City of Salina.
Dennis Kissinger, City Manager, outlined the "Plan Recommendations 2002-2006" in
the Solid Waste Plan and the agreement.
03-3551;! Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt
Resolution No. 03-5901. Aye: (5). Nay: (0). Motion carried.
03-3552
03-3553
03-3554
03-3555
(8.7) Approval of Change Order No. 3 for the 2002 Utility Improvements, Project No. 02-1358.
Shawn O'Leary, Director of Engineering and General Services, explained the project and
the change order.
Moved by Commissioner Jilka, seconded by Commissioner Heath, to approve Change
!' Order No. 3 for the 2002 Utility Improvements, Project No. 02-1358 with Smoky Hill, L.L.C. in the
amount of $35,306. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
(9.1) Resolution No. 03-5903 approving the signage requirements relating to the enforcement
of regulation of smoking in restaurants.
Dennis Kissinger, City Manager, explained the requirements and resolution. Mr.
Kissinger then responded to Commissioner Divine's and Commissioner Shadwick's questions
regarding the signage requirements.
Moved by Commissioner Heath, seconded by Commissioner Jilka, to adopt Resolution
No. 03-5903. Aye: (5). Nay: (0). Motion carried.
(9.2) Mayor Seaton noted that there would not be a City Commission meeting on Monday,
January 20, 2003 due to the Martin Luther King, Jr. holiday and that the next City Commission
meeting would be on January 27, 2003.
(8.5) 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 matters subject to the attorney-
client privilege for the reason that public discussion of the matters would waive that privilege and
adversely affect the City's interest in the matter; and reconvene at 5:09 p.m.
The City Commission recessed into Executive Session at 4:54 p.m. and reconvened at
5:09 p.m.
Moved by Commissioner Jilka, seconded by Commissioner Heath, to reconvene into the
current Executive Session for an additional ten minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission returned to the current Executive Session at 5:09 p.m. and
reconvened at 5:19 p.m. No action was taken.
Commission
Action #
03-355(
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 5:19 p.m.
Istin M. S aton, Mayor
[SEAL]
ATTEST:
Lieu Ann Nicola, City Clerk