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07-21-2003 MinutesCommission Action # �aso�easa«a 03-6037 03-6038 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS July 21, 2003 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session on the 2004 Budget. 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 Alan E. Jilka, Chairman presiding Commissioner Deborah P. Divine Commissioner Donnie D. Marrs Commissioner Monte D. Shadwick Commissioner Paul G. Webb comprising a quorum of the Board, also present: Dennis M. Kissinger, City Manager Greg Bengtson, City Attorney Lieu Ann Nicola, City Clerk Absent: None CITIZEN FORUM None. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on the issuance of Hospital Revenue Refunding Bonds (Salina Regional Health Center, Inc.), Series 2003. (5.1 a) Resolution No. 03-5950 determining the intent of the City of Salina to issue its Hospital Revenue Refunding Bonds (Salina Regional Health Center), Series 2003. (5.1b) First reading Ordinance No. 03-10155 authorizing the issuance of Hospital Revenue Refunding Bonds (Salina Regional Health Center, Inc.), Series 2003 for the purpose of refunding Hospital Revenue Refunding Bonds (Asbury -Salina Regional Medical Center, Inc. Project), Series 1993. Mayor Jilka opened the public hearing. Greg Bengtson, City Attorney, explained the issuance. Mr. Bengtson then clarified for Commissioner Divine, that UMB Bank would continue to serve as trustee and receive payments directly from the hospital. Moved by Commissioner Shadwick, to adopt Resolution No. 03-5950 and Ordinance No. 03-10155 on first reading. Commissioner Shadwick withdrew his motion. Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt Resolution No. 03-5950. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Divine, seconded by Commissioner Webb, to pass Ordinance No. 03-10155 on first reading. Aye: (5). Nay: (0). Motion carried. Commission Action # ����aaeosea.a 03-603 03-6040 03-6041 03-6042 CONSENT AGENDA (6.1) Approve the minutes of July 14, 2003. Moved by Commissioner Webb, seconded by Commissioner Divine, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Continuation of Application #SR02-1, filed by the Salina City Planning Commission, requesting an amendment to Section 34-74.1 of the Salina Code to establish :minimum design and paving standards for private streets in residential subdivisions. Dean Andrew, Director of Planning and Community Development, explained the request. Mr. Andrew commented on the modification of the existing white street signs used to denote private streets and insuring that the private ownership and maintenance status of the street is noted on the real estate listings of property served by a private street. He then summarized the Planning Commission's recommendations regarding the hardship or waiver provision and the establishment of a street maintenance fund. A discussion followed between Commissioner Divine, Commissioner Marrs, Commissioner Webb, City Manager Dennis Kissinger, and Mr. Andrew regarding the hardship or waiver provision and the street maintenance fund. Moved by Commissioner Divine, seconded by Commissioner Marrs, to direct staff to incorporate changes as recommended, that private streets be built to public street standards, a safety valve provision be included relating to specific situations that make it difficult or impossible to build to the standards and indicate that developers need to provide an estimate of maintenance cost for staff to review. Aye: (5). Nay: (0). Motion carried. (7.2) Application #Z03-7, filed by the Salina City Planning Commission, requesting an amendment to Chapter 42, Article XIV of the Salina Code, by adding Section 42-692.1 to establish a definition for Hospital. (7.2a) First reading Ordinance No. 03-10156. Dean Andrew, Director of Planning and Community Development, explained the request. A discussion followed between Mayor Jilka, Commissioner Divine, and Mr. Andrew regarding the Hospital -Medical Working Group, the comprehensive plan, future land use, and permitted uses. Moved by Commissioner Webb, seconded by Commissioner Shadwick, to pass Ordinance No. 03-10156 on first reading. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 03-10154 amending Chapter 8, Article VI, Division 1, Section 8-178 of the Salina Code adopting local amendments to Chapter 1 of the Uniform Plumbing Code. Lieu Ann Nicola, City Clerk, clarified that Ordinance No. 03-10154 was passed on first reading on July 14, 2003 and since that time no comments have been received. A discussion followed between Commissioner Divine, City Manager Dennis Kissinger, and Deputy City Manager Michael Morgan regarding contractors' responsibilities. Commissioner Marrs commented on his opposition noting that the process would be ensuring trench safety for just city employees and not the employees of the contractors. Moved by Commissioner Webb, seconded by Commissioner Shadwick, to adopt Ordinance No. 03-10154 on second reading. A roll call vote was taken. Aye: (4) Divine, Shadwick, Webb, Jilka. Nay: (1) Marrs. Motion carried. Commission Action # 03-60431 03-6045 (8.2) Resolution No. 03-5957 authorizing an agreement with Bucher, Willis & Ratliff Corporation for the North Broadway Boulevard Corridor Study. Commissioner Divine excused herself from the quorum due to conflict of interest. Shawn O'Leary, Director of Engineering and General Services, explained that in 2002 staff submitted an application to the Kansas Department of Transportation (KDOT) for federal -aid STP safety funding for three intersections that had high accident volumes and severity, ratings. Mr. O'Leary continued to explain the agreement with Bucher, Willis & Ratliff Corporation for the North Broadway Boulevard Corridor Study and project funding. Mr. O'Leary then responded to Commissioner Shadwick's inquiry regarding access controls. Moved by Commissioner Webb, seconded by Commissioner Shadwick, to adopt Resolution No. 03-5957 authorizing an agreement with Bucher, Willis & Ratliff Corporation for the North Broadway Boulevard Corridor study in an amount not to exceed $50,767.47. Aye: (4). Nay: (0). Abstain: (1) Divine. Motion carried. Commissioner Divine returned to the quorum. (8.3) Request for Executive Sessions (real estate). Moved by Commissioner Shadwick, seconded by Commissioner :Divine, to recess into executive session for 30 minutes to discuss preliminary matters pertaining to the acquisition of real estate and matters subject to the attorney-client privilege for the reason that public discussion would adversely affect the City's position in relation to acquisition of the real estate and would waive the attorney-client privilege; and reconvene at 5:25 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 4:55 p.m. and reconvened at 5:25 p.m. Moved by Commissioner Shadwick, seconded by Commissioner Divine, to reconvene in 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 5:25 p.m. and reconvened at 5:32 p.m. No action was taken. None. OTHER BUSINESS ADJOURNMENT 03-6046 Moved by Commissioner Webb, 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 5:32 p.m. Alan E. Jil , Ma r [SEAL] ATTEST: Lieu Ann Nicola, City Clerk