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08-04-1997 MinutesAction 97-1157 97-11581 97-11591 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS AUGUST 4, 1997 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session to discuss the status report on the downtown traffic changes, Project No. 97-997. 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 Peter F. Brungardt Commissioner Don Heath Commissioner Alan Jilka Commissioner Monte Shadwick 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. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The Day of Tuesday, August 5, 1997 as NATIONAL NIGHT OUT in the city of Salina. The proclamation was read by Barbara Thompson, Crime Prevention Committee Representative. CONSENT AGENDA (6.1) Approve the minutes of the regular meeting of July 28, 1997. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve the consent agenda. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #Z97-11, filed by the Salina City Planning Commission, requesting the rezoning of property located in the 1600 block of E. Iron from C-5, Service Commercial, to C-2, Neighborhood Shopping District. (7. 1a) First reading Ordinance Number 97-9819. Dean Andrew, Assistant City Planner, explained the City Planning Commission's request for the down -zoning change noting the compromise reached and the recommendation to change the zoning to a C-3 rather than C-2 district classification. Moved by Commissioner Brungardt, seconded by Commissioner Heath, to endorse and agree with the City Planning Commission and adopt Ordinance Number 97-9819 for first reading. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) First reading Ordinance Number 97-9820 levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances. Judy Long, City Clerk, explained the annual ordinance. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to to approve Ordinance Number 97-9820 on first reading. Aye: (5). Nay: (0) . Motion carried. Action 97-1160 97-1161 97-1162 97-11631 (8.2) First reading Ordinance Number 97-9821 amending Chapter 38 of the Salina Code by adopting the 1997 Standard Traffic Ordinance. Greg Bengtson, City Attorney, explained the changes in the 1997 version of the Standard Traffic Ordinance and the annual process for adopting the changes as recommended by the Kansas League of Municipalities. Dennis Kissinger, City Manager, noted local adaptations that have to be readopted. Kathy Callahan, 829 Windsor Drive, school bus driver, explained that there is a problem in Salina with people running the bus stop signs. She noted that when a bus driver is able to get a license number and vehicle make, within the few seconds available, they haven't had much luck getting citations. Ellen Mitchell, City Prosecutor, gave the staff response noting that the complaints are investigated but that it is true the driver must also be identified and the bus driver must testify in court in order to prosecute. She continued, that unfortunately, it is often impossible to know who was driving the vehicle. In closing she stated that this ordinance establishes a standard fine for this offense. Moved by Commissioner Heath, seconded by Commissioner Brungardt, to to approve Ordinance Number 97-9821 on first reading. Aye: (5). Nay: (0). Motion carried. (8.3) First reading Ordinance Number 97-9822 imposing a temporary moratorium on the opening and operation of certain adult-oriented businesses for a period of ninety days. Greg Bengtson, City Attorney, explained the need for the moratorium while studies and reports are completed regarding adult theaters, arcades and merchandisers. He further noted that this ordinance clarifies the city's position of reviewing this issue. Dennis Kissinger, City Manager, explained the time line involved in the process and that to make findings the governing body needs the results of the studies and reports. In closing he noted that copies of the draft ordinance would be available to anyone from the City Clerk's Office. Moved by Commissioner Brungardt, seconded by Commissioner Heath, to to approve Ordinance Number 97-9822 on first reading. Aye: (5). Nay: (0) . Motion carried. (8.4) Award of contract for the Building Demolition Project No. 97-1031. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the project to build the Fire Department Training Facility and the removal of nine structures from seven locations. Of the bids received July 29, 1997, there was only one valid bid with the city's dictated schedule. He gave the staff award recommendation and stated that the architectural contract is to be presented to the City Commission next Monday. Moved by Commissioner Heath, seconded by Commissioner Jilka, to award the bid for Building Demolition, Project No. 97-1031, to Diehl Construction Company in the amount of $25,975.00. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Executive Session. Moved by Commissioner Jilka, seconded by Commissioner Brungardt, that the City Commission recess into executive session for the purpose of discussing with the City Attorney a matter which is subject to the attorney-client privilege, for the reason that public discussion would waive the privilege and would potentially jeopardize the city's position in the matter to be discussed, and that the City Commission reconvene in this room in ten minutes or at 4:34 p.m. Aye: (5). Nay: (0). Motion carried. The Board of Commissioners recessed at 4:24 p.m. and reconvened at 4:31 p.m. No action was taken. Action 97-1164 ADJOURNMENT Moved by Commissioner Brungardt, 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 4:32 p.m. [SEAL] ATTEST: PC- CMC,City Jerk Kr stin M. S ton, Mayor