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02-01-1999 MinutesCommission Action # 99-1892 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS FEBRUARY 1, 1999 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session to discuss staffing issues, Pool Options update, and state legislation. 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 Peter F. Brungardt, Chairman presiding Commissioner Kristin M. Seaton Commissioner Monte Shadwick Commissioner Don Heath Commissioner Alan Jilka comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Judy D. Long, City Clerk None. None. None. CITIZEN FORUM AWARDS - PROCLAMATIONS PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Continuation of public hearing and report on Petition No. 4174, filed by Doug Bradley, requesting vacation of the east fifteen (15) feet of the eighty-five (85) feet of 10' Street right-of-way between Lincoln Avenue and North Street. It was noted that the hearing was still in session. Shawn O'Leary, Director of Engineering and General Services, gave a brief staff report. Mayor Brungardt opened the public hearing. There being no questions or further discussion, the public hearing closed. Moved by Commissioner Jilka, seconded by Commissioner Seaton, to continue the public hearing until February 8, 1999. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of January 25, 1999. (6.2) Resolution Number 99-5415 authorizing a twenty-five (25) year lease agreement with the Union Pacific Railroad, pertaining to 4"' St. between Prescott Ave. and Cloud St., in the amount of $2,330.00. (6.3) Approve the 1999 Manhole and Valve Box Regrading, Project No. 99-1167, and authorize staff to establish a bid date for the project. Commission Action # ConsdidaleG-Salina 99-1893 99-1895 99-1896 99-1897 99-1898 Moved by Commissioner Seaton, seconded by Commissioner Jilka, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Consider final approval of property tax exemption for Salina Vortex Corporation. (7.1 a) First reading Ordinance Number 99-9910. Roy Dudark, Director of Planning and Community Development, explained. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve Ordinance Number 99-9910 for first reading. Aye: (5). Nay: (0). Motion carried. (7.2) Receive status report on activities conducted at the Tally Ho Mobile Home Park. Roy Dudark, Director of Planning and Community Development, gave the staff report. Dennis Kissinger, City Manager, also gave a brief report. No action was taken. ADMINISTRATION (8.1) Second reading Ordinance Number 99-9908 providing for a main storm water sewer and initiating proceedings for construction for the intersection of 9°i Street and Claflin Avenue. Moved by Commissioner Jilka, seconded by Commissioner Seaton, to adopt Ordinance Number 99-9908 on second reading. A roll call vote was taken. Aye: (5) Heath, Shadwick, Seaton, Jilka, Brungardt. Nay: (0). Motion carried. (8.2) Second reading Ordinance Number 99-9909 providing for a main storm water sewer and initiating proceedings for construction in the Eastgate area. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to adopt Ordinance Number 99-9909 on second reading. A roll call vote was taken. Aye: (5) Jilka, Seaton, Shadwick, Heath, Brungardt. Nay: (0). Motion carried. (8.3) First reading Ordinance Number 99-9911 amending Sections 25-51 and 25-71 of Chapter 25 of the Salina Code pertaining to Offenses, Miscellaneous Provisions. Judy Long, City Clerk, explained. Moved by Commissioner Seaton, seconded by Commissioner Jilka, to approve Ordinance Number 99-9911 for first reading. Aye: (5). Nay: (0). Motion carried. (8.4) Resolution Number 99-5414 authorizing an agreement for indigent counsel services with John Giele, Attorney. Mike Morgan, Deputy City Manager, explained. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Resolution Number 99-5414. Aye: (5). Nay: (0). Motion carried. (8.5) Consider authorization to amend the 1999 Solid Waste Division budget for the purchase of an automatic tarping machine and waiver of the City's regular competitive bidding process. Don Hoff, Director of Utilities, explained the request and responded to Commission inquiry. Moved by Commissioner Seaton, seconded by Commissioner Jilka, to increase the budget of the Solid Waste Division in order to purchase an automatic tarping machine at a cost of $62,429.50 and further moved to waive the normal competitive bidding policy as Tarpomatic, Inc. is the sole supplier of this type of landfill equipment. Aye: (5). Nay: (0). Motion carried. Commission Action # Co=o d ed.�, a 99-1900 99-1901 99-19021 99-1903 (8.6) Resolution Number 99-5416 authorizing and directing the issuance, sale, and delivery of $5,275,000 principle amount of General Obligation Municipal Temporary Notes, Series 1999-1. Rodney Franz, Director of Finance and Administration, explained the purpose of the notes and the bids received. Moved by Commissioner Jilka, seconded by Commissioner Seaton, to adopt Resolution Number 99-5416 and to award the bid to First Tennessee Capital Markets. Aye: (5). Nay: (0). Motion carried. (8.7) Executive Session. (8.7a) Legal matters related to Knox Sandpit Acquisition and one additional legal item. (8.7b) Knox Sandpit Acquisition Action. (following the Executive Session) Moved by Commissioner Heath, seconded by Commissioner Shadwick, that the City Commission recess into executive session for 15 minutes to discuss with the City Attorney two 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 interests in the matters; and reconvene in this room at 4:45 p.m. Aye: (5). Nay: (0). Motion carried. The Board of Commissioners recessed at 4:27 p.m. and reconvened at 4:42 p.m. Moved by Commissioner Shadwick, seconded by Commissioner Heath, that the City of Salina abandon the pending proceedings in eminent domain to acquire fee simple title to the Knox Sand Pit and that the City Manager and City Attorney be authorized to take the necessary steps to initiate an effort to negotiate acquisition of an additional drainage easement by which storm drainage run off for an additional 175 acres can be stored in the Knox Sand Pit. Aye: (5). Nay: (0). Motion carried. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Seaton, seconded by Commissioner Jilka, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 4:43 p.m. [SEAL] ATTEST: Jud D. L g, CMC, Cit Jerk Peter F. Brungardt, Mayor