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08-26-1996 MinutesAction 96-713 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS AUGUST 26, 1996 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, August 26, 1996, at 4:00 p.m. There were present: Mayor Evelyn Maxwell, Chairman presiding Commissioner R. Abner Perney Commissioner John Divine Commissioner Peter F. Brungardt Commissioner Kristin M. Seaton comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Judy D. Long, City Clerk None. CITIZEN FORUM Jim Baughan, 1820 North Fifth Street, spoke to the Commission regarding a bridge which goes across Mulberry Creek. The current hits the bridge and goes down Fifth Street. He asked that the bridge or the sides be removed to help this situation. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME The Mayor asked Dennis Kissinger to give dates for flood study sessions. He responded September 23 and another one on October 14. CONSENT AGENDA (6.1) Approve the minutes of the regular meeting of August 19, 1996. (6.2) Award the contract to perform the 1996 Fall Street Marking Project to Osborne Sweeping, Inc. for $17,095.98. (6.3) Resolution Number 96-5060 authorizing the Mayor to execute an agreement with the Board of County Commissioners for improvements to Schilling Road. (6.3a) Resolution Number 96-5062 directing and ordering a public hearing on the advisability of improvements to Schilling Road from the West line of Tasker Addition to the West line of the Union Pacific Railroad right-of-way. Moved by Commissioner Divine, seconded by Commissioner Brungardt, to approve all items on the consent agenda. Aye: (5) . Nay: (0) . Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Second reading Ordinance Number 96-9757 amending Chapter 35 of the Salina Code pertaining to streets and sidewalks. 96-714 Moved by Commissioner Brungardt, seconded by Commissioner Seaton, to adopt Ordinance Number 96-9757 on second reading. A roll call Action 96-715 96-716 96-717 96-718 96-719 96-720 96-721 vote was taken. Aye: (5), Perney, Seaton, Divine, Brungardt, Maxwell. Nay: (0) . Motion carried. (8.2) Second reading Ordinance Number 96-9758 providing for the amendment of Chapter 25 regarding the purchase or possession of cigarette or tobacco products by minors. Moved by Commissioner Perney, seconded by Commissioner Seaton, to adopt Ordinance Number 96-9758 on second reading. A roll call vote was taken. Aye: (5), Perney, Seaton, Divine, Brungardt, Maxwell. Nay: (0). Motion carried. (8.2a) Resolution Number 96-5058 amending the Comprehensive Fee Schedule regarding court costs for a cigarette or tobacco infraction. Moved by Commissioner Perney, seconded by Commissioner Seaton, to adopt Resolution Number 96-5058. Aye: (5) . Nay: (0) . Motion carried. (8.3) First reading Ordinance Number 96-9759 providing for the amendment of Chapter 25 of the Salina Code regarding Offenses and Miscellaneous Provisions. Moved by Commissioner Divine, seconded by Commissioner Brungardt, to adopt Ordinance Number 96-9759 for first reading. Ellen Mitchell, City Prosecutor, explained the proposed changes. In a discussion with Ms. Mitchell and Mr. Kissinger, the Mayor expressed her concerns regarding the uniformity, equity and fairness between various kinds of behavior that can be taken to court. A vote was called to the motion on the floor. Aye: (4) . Nay: (1) , Maxwell, for the reason of a need to go back to continue working on penalties to have fairness in all levels of punishment. Motion carried. (8.4) Resolution Number 96-5059 authorizing the Mayor to execute Supplemental Agreement Number 1 with Wilson and Company for engineering services for the Rehabilitation of Wastewater Pump Station Numbers 2 and 19, in an amount not to exceed $52,350. Don Hoff, Director of Engineering and Utilities, explained the agreement. Moved by Commissioner Brungardt, seconded by Commissioner Seaton, to adopt Resolution Number 96-5059. Aye: (5) . Nay: (0) . Motion carried. (8.5) Resolution Number 96-5061 appointing members to various Boards and Commissions. Moved by Commissioner Divine, seconded by Commissioner Brungardt, to adopt Resolution Number 96-5061. Aye: (5) . Nay: (0) . Motion carried. Judy Long read the names of the appointees. (8.6) Award of Broadway Boulevard Bridge Repairs, Project Number 96-974, to Progressive Contractors in the amount of $13,894. Don Hoff explained the proposed repairs and the bids received. Moved by Commissioner Seaton, seconded by Commissioner Perney, to award the Broadway Boulevard Bridge Repairs, Project Number 96-974, to Progressive Contractors in the amount of $13,894. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) The Mayor spoke regarding Dennis Kissinger's earlier request concerning a directive for a staff project asking the City Prosecutor and Police Department to review the uniformity, equity and fairness of various punishments. She stated that she is very happy to leave the question of fairness and looking at various matters to their discretion though she was surprised at the differences in the one section. Action 96-722 ADJOURNMENT Moved by Commissioner Divine, seconded by Commissioner Brungardt, that the Regular Meeting of the Board of Commissioners be adjourned. The Mayor noted that there will be no meeting September 2, 1996 due to Labor Day and that the next study session will be at 2:30 p.m. and will pertain to underground water contamination and not flooding. A vote was called to the motion on the floor. Aye: (5) . Nay: (0) . Motion carried. The meeting adjourned at 4:44p.m. Evelyn Maxwell, Mayor [ SEAL] ATTEST: (Judy D. ng, CMC, C�aty Clerk