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10-17-2011 Minutes1 1 11-1265 1 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 17, 2011 4:00 p.m. The City Commission convened at 3:00 p.m. in a Study Session for the Downtown Lighting Report. 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 Samantha P. Angell, Presiding Officer Commissioner Kaye J. Crawford Commissioner Aaron Householter Commissioner Norman Jennings Commissioner Barb Shirley comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk CITIZEN FORUM None. AWARDS AND PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of October 10, 2011 (6.2) Resolution No. 11-6858 appointing members to the Arts and Humanities Commission and the Community Art and Design Advisory Committee. Moved by Commissioner Crawford; seconded by Commissioner Shirley, to approve the consent agenda as presented. Aye: '(5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. ADMINISTRATION (8.1) Second reading OrdinanceNo. 11-10620 amending Chapter 38, Article 111, Section 38-45 of the Salina Code by increasing overtime parking fines. Mayor Angell noted that Ordinance No. 11-10620 was passed on first reading on October 10, 2011 and since that time no comments have been received. Commissioner Crawford expressed her concerns regarding the parking fines for citizens that come to the City -County Building to conduct business. Jason Gage, City Manager, commented on establishing fines according to geographic areas and suggested that the issue regarding the parking time limits could be looked at by the Saline County Building.: Authority. Mr. Gage then responded to Mayor Angell's question regarding employee parking and Commissioner Shirley's question regarding accessibility parking in the neve: parking lot: A discussion followed between Commissioner Householter, Mr. Gage, and Commissioner Jennings regarding issuing vouchers to citizens that have to conduct business in the building for an extended period of time. Page 1 1 1 1 1.1-1266 Moved by Commissioner Householter, seconded by Commissioner Shirley, to adopt Ordinance No. 11-10620 on second reading. A roll call vote was taken. Aye: (5) Crawford, Householter, Jennings, Shirley, Angell. Nay: (0). Motion carried. (8.2) Second reading Ordinance No. 11 -10621 -amending Chapter 38; Article III of the Salina Z Code by adding Division 2 pertaining to towing and storage of vehicles. Mayor Angell noted that Ordinance No. 11-10621 was passed on first reading on 0 October 10, 2011 and since that time no comments have been received. Deborah Livingood, A&A Towing, commented that she did not receive notice regarding the ordinance being considered last week and questioned if the request for proposal will be sent out to the towing companies. Mr. Gage responded clarifying that the request for proposal would be sent out to allow time for all companies to respond. Roy Palmer expressed his concerns regarding notifying the lien holder. A discussion followed between Mayor Angell, Mr. Gage, Mr. Palmer, Police Chief James Hill, Commissioner Householter, Commissioner Jennings, and Deputy City Manager Michael Schrage regarding lien holder notification, service selection process, and release of personal property. Paul Livingood, A&A Towing, expressed his concerns regarding Section 38-55. He stated that they have had difficulties in the past locating information by the VIN because when they call the police department they have not been willing to provide them with the information. He continued to explain that they must provide the VIN to the Tag Office along with the fee of $10 to get the information. Commissioner Jennings responded to Mr. Livingood. Ms. Livingood commented on the statute that regulates the release of personal property. 11-1267 Moved by Commissioner Jennings, seconded by Commissioner Crawford, to postpone second reading until October 24, 2011. Aye: (5). Nay: (0). Motion carried. (8.3) Second reading Ordinance No. 11-10622 amending Chapter 42, Article IV, Division 14, Sections 42-303 and 42-303.1 by removing tattoo parlors from the list of prohibited uses and adding it to the list of conditional uses in the C-4 district. Mayor Angell noted that Ordinance No. 11-10622 was passed on first reading on October 10, 2011 and since that.time no comments have been received. City Manager Jason Gage noted that tattoo and piercing parlors are not listed as a use in any of the other district. There will be follow-up actions to update that. 11-1268 Moved by Commissioner Householter, seconded by Commissioner Crawford, to adopt Ordinance No. 11-10622 on second reading. A roll call vote was taken. Aye: (5) Crawford, Householter, Jennings, Shirley, Angell. Nay: (0). Motion carried. (8.4) Receive and review the 2010 audit report. Rod Franz, Director of Finance and Administration, summarized the audit, opinion received, and federal audit. Abraham Chrislip, commented. on the auditor's opinion and federal audit. 11-1269 Moved by Commissioner Jennings, seconded by Commissioner Householter, receive the 2010 audit report. Aye: (5). Nay: (0). Motion carried. (8.5) Resolution No. 11-6859 declaring, it to be necessary to appropriate certain private property for the use in construction of the East Magnolia Road Improvement Project and authorizing the City Engineer to cause a survey and description of the affected properties to be made. Greg Bengtson, City Attorney, explained eminent domain process and project timeline. 11-1270 Moved by Commissioner Jennings, seconded by Commissioner Shirley, to adopt Resolution No. 11-6859. Aye: (5). Nay: (0). Motion carried. Page 2 OTHER BUSINESS None. N ADJOURNMENT 11-1171 Moved by Commissioner Jennings, seconded by Commissioner Householter, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 4:47 p.m. a c U [SEAL] Samantha P. Angell, Mayor A TEST: Lieu Ann Elsey, CMC, ity Clerk Page 3