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11-10-1997 MinutesAction 97-1269 97-1270 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS NOVEMBER 10, 1997 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session to discuss Amplified Sound Regulation Alternatives, a Railroad Traffic Report, and a Grant Application for Yard Waste Cart Program. 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. Moved by Commissioner Brungardt, seconded by Commissioner Heath, to amend the agenda to add Resolution Number 97-5215 after item 8.5. Aye: (5) . Nay: (0) . Motion carried. None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) City of Salina United Way Campaign Employee Recognition. Dennis Kissinger, City Manager, recognized all the City employees who participated in the United Way Campaign. Karen Fallis, Bicentennial Center, acknowledged the staff members who participated in the United Way Campaign Committee. She noted that $24,975.00 was given by 95% of the City employees. Ruth Asher, Salina United Way, also thanked the employees and reviewed what the money would be used for to make a difference in the community. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of November 3, 1997. (6.2) Approval of final costs for the 1996 Subdivision Improvements, Project No. 96-971, Schilling Road Drainage Improvements, Project No. 95-928 and Magnolia Road/I-135 Interchange Improvements, Project No. 95-924, and authorization to set a public hearing date. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Consideration of South Ninth Street Corridor Study. Action 97-1271 97-1272 97-1273 97-1274 Roy Dudark, Planning and Community Development Director, explained the study and the final plan with the recommendation that the plan be referred to the City Planning Commission for review and recommendation. Moved by Commissioner Heath, seconded by Commissioner Brungardt, to refer the final plan to the City Planning Commission. Aye: (5) . Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance Number 97-9834 levying the annual Business Improvement District Fees for 1998. Moved by Commissioner Jilka, seconded by Commissioner Brungardt, to adopt Ordinance Number 97-9834 on second reading. A roll call vote was taken. Aye: (5), Shadwick, Heath, Jilka, Brungardt, Seaton. Nay: (0). Motion carried. (8.2) Second reading Ordinance Number 97-9835 amending Section 42-406 of the Salina Code pertaining to Planned Development Districts. Moved by Commissioner Brungardt, seconded by Commissioner Shadwick, to adopt Ordinance Number 97-9835 on second reading. A roll call vote was taken. Aye: (5), Jilka, Heath, Brungardt, Shadwick, Seaton. Nay: (0) . Motion carried. (8.3) Second reading Ordinance Number 97-9736 authorizing the City of Salina to issue $980,000 principal amount of Industrial Revenue Bonds for Coronado Engineering. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Ordinance Number 97-9736 on second reading. A roll call vote was taken. Aye: (5), Jilka, Brungardt, Shadwick, Heath, Seaton. Nay: (0). Motion carried. (8.4) Second reading Ordinance Number 97-9737 amending Chapter 38 of the Salina Code pertaining to human powered wheeled devices. Dennis Kissinger, City Manager, clarified the penalty for adult violation of this ordinance, noting that violators would be subject to fines and costs from Municipal Court. Steve Snyder, Parks and Recreation Director, spoke regarding lights so that the existing skateboard park could be used at night. This has been looked into for some time now and should be separate from the downtown issue. Jeff Harris, owner of a skateboard shop located at 202 East Iron Avenue, asked that the ban not be passed. He asked for a schedule for skateboarders to use the downtown area after business hours. He asked that the ordinance not go through until the Skateboard Park is lighted. Mayor Seaton asked Mr. Harris how private property owners could be reimbursed for damage done from skateboarding. Mr. Harris informed that Mayor that he did not know, but that he would be holding a contest next year and the proceeds would go to build additional structures for the Skateboard Park. Joe Drowns, 720 Sherman, gave suggestions for preventing damage. Joel Hoffman, citizen, asked for a map showing the boundary where they would not be able to use. He suggested an additional city -owned piece of property downtown where they could go. Mr. Kissinger and Shawn O'Leary, Director of Engineering, explained the general area of the Business Improvement District. Outside of this area, any property with signs posted will also be prohibited. Mr. Kissinger went on to explain city liability risks. He noted that most outdoor recreation activities are limited to day light hours. Mr. Snyder gave details of damage which has occurred in the downtown area which required 60 man-hours in September to repair. Action 97-1275 97-1276 97-1277 97-12781 Mr. Harris noted that the 60 hours of repair were for damages which have occurred over the past ten years. Moved by Commissioner Jilka, seconded by Commissioner Heath, to adopt Ordinance Number 97-9737 on second reading. A roll call vote was taken. Aye: (5), Brungardt, Shadwick, Jilka, Heath, Seaton. Nay: (0). Motion carried. (8.5) Resolution Number 97-5214 authorizing the Mayor to execute an agreement with Agler and Gaeddert for the 1997 audit of the City records. Rod Franz, Director of Finance and Administration, explained the agreement. Moved by Commissioner Jilka, seconded by Commissioner Brungardt, to adopt Resolution Number 97-5214. Aye: (5) . Nay: (0) . Motion carried. (8.5.5) Resolution Number 97-5215 authorizing the preparation and filing with the Kansas Department of Health and Environment a competitive plan implementation grant program application providing $60,000 in matching funds from the City Sanitation Fund. Dennis Kissinger, City Manager, explained the resolution and the program it would sponsor for yard waste disposal. Noting that this issue had been discussed in the earlier Study Session of this date, the Mayor asked for the reading of the resolution. Barbara Weber, Deputy City Clerk, read Resolution Number 97-5215 in its entirety. Moved by Commissioner Heath, seconded by Commissioner Jilka, to adopt Resolution Number 97-5215. Aye: (5). Nay: (0). Motion carried. (8.6) Request for Executive Session to discuss a legal matter. Moved by Commissioner Shadwick, seconded by Commissioner Heath, that the Board of Commissioners 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 20 minutes or at 5:07 p.m. Aye : (5) . Nay: (0) . Motion carried with the Mayor noting that no action is anticipated. The Board of Commissioners recessed into executive session at 4:47 p.m. and reconvened at 5:07 p.m. No action was taken. None. OTHER BUSINESS ADJOURNMENT 97-1279 Moved by Commissioner that the Regular Meeting of the (5) . Nay: (0) . Motion carried. [ SEAL] ATTEST: D. ng, CMC, ty Clerk Brungardt, seconded by Commissioner Heath, Board of Commissioners be adjourned. Aye: The meeting adjourned at 5:08 p.m. Jistin M. Jeaton, Mayor