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08-17-1998 MinutesCommission Action # c.w�m.k' 98-1627 98-1629 ITY OF SALINA, KANSAS EGULAR MEETING OF THE BOARD OF COMMISSIONERS UGUST 17, 1998 00 P.M. ,ie City Commission convened at 2:30 p.m. in a Study Session to discuss the Eastgate Drainage ngineering Report. The Regular Meeting of the Board of Commissioners was called to order at 00 p.m. in Room 107, City -County Building. A roll call was taken followed by the Pledge of lleaiance and a moment of silence. were present: Mayor Peter F. Brungardt, Chairman presiding Commissioner Monte Shadwick Commissioner Kristin M. Seaton Commissioner Don Heath Commissioner Alan Jilka ising a quorum of the Board, also present: sent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Judy D. Long, City Clerk None. None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) Resolution Number 98-5319 expressing gratitude and appreciation to Paramedic/Firefighter, Kerry Mousley for her employment with the City from August 16, 1981 to July 24, 1998. Moved by Commissioner Seaton, seconded by Commissioner Jilka, to adopt Resolution 98-5319. Aye: (5). Nay: (0). Motion carried. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of August 10, 1998. (6.2) Resolution Number 98-5320 appointing members to the Saline County Community Corrections Advisory Board and the Library Board. (6.3) Resolution Number 98-5323 authorizing the Mayor to execute a license agreement allowing right-of-way encroachment on South Santa Fe. 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) Application #P89 -4B, filed by First Bank Kansas and Wal-Mart Stores, Inc. requesting approval of a joint replat of the First Bank Addition and the Wal-Mart Subdivision. Dean Andrew, Assistant City Planner, explained the replat request. Moved by Commissioner Heath, seconded by Commissioner Seaton, to approve the replat including the 5 conditions established by the Planning Commission. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance Number 98-9883 providing for a change in zoning from Multi -Family Residential to Planned Service Commercial on property known as 1122, 1124 and 1126 E. Iron, 104 and 110 S. Connecticut. Commission Action # 98-1670 98-1671 98-1672 98-1673 98-1674 98-1675 98-1676 Moved by Commissioner Jilka, seconded by Commissioner Seaton, to adopt Ordinance umber 98-9883 on second reading. A roll call vote was taken. Aye: (5), Heath, Shadwick, Jilka, -.aton, Brungardt. Nay: (0). Motion carried. 8.2) Second reading Ordinance Number 98-9884 providing for rezoning from Agricultural District to Planned Shopping Center District and an amendment of an existing PC -3 District for property located at 2900 and 2860 S. 9"' St. Moved by Commissioner Seaton, seconded by Commissioner Jilka, to adopt Ordinance Number 98-9884 on second reading. A roll call vote was taken. Aye: (5), Shadwick, Heath, Seaton, Jilka, Brungardt. Nay: (0). Motion carried. (8.3) Second reading Ordinance Number 98-9885 amending the zoning regulations by adding Section 42-69 regarding communication tower regulations. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Ordinance Number 98-9885 on second reading. A roll call vote was taken. Aye: (5), Seaton, Jilka, Shadwick, Heath, Brungardt. Nay: (0). Motion carried. (8.4) Second reading Ordinance Number 98-9886 adopting the 1998 Standard Traffic Ordinance providing for the amendment of Chapter 38 of the Salina Code pertaining to traffic and motor vehicles by amending Section 38-1 and repealing the existing section. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Ordinance Number 98-9886 on second reading. A roll call vote was taken. Aye: (5), Jilka, Seaton, Shadwick, Heath, Brungardt. Nay: (0). Motion carried. (8.5) Sales tax petition presentation. Steve Ryan, 2313 Melrose Lane, representing Keys to the Future Election Campaign Committee presented the City Clerk with a petition requesting an election to add a 1/4% sales tax entitled: "Shall the City of Salina, Kansas impose an additional quarter percent (1/4%) Retailers' Sales Tax beginning January 1, 1999 and ending June 30, 2004 with the proceeds to purchase instructional technology and career/technical education equipment, services, and training for U.S.D. #305." Dennis Kissinger, City Manager, explained the process from this point including that 2 ordinances will be presented next week should the County Clerk find the petition valid. Second reading will be held at a special meeting at 4:30 p.m., August 26, 1998. (8.6) Resolution Number 98-5321 authorizing the Mayor to execute Addendum Number 1 to Exhibit A to an Engineering Agreement with Camp Dresser & McKee related to the construction of Cell No. 3 at the Salina Municipal Solid Waste Landfill Facility, Project No. 97-1077. Don Hoff, Director of Utilities, explained. Moved by Commissioner Jilka, seconded by Commissioner Seaton, to adopt Resolution Number 98-5321. Aye: (5). Nay: (0). Motion carried. (8.7) Resolution Number 98-5322 authorizing and directing the issuance, sale, and delivery of $1,500,000 principle amount of General Obligation Temporary Notes (Landfill Project), Series 1998- 2. Rodney Franz, Director of Finance and Administration, explained the temporary note issue and the bids received today. Moved by Commissioner Heath, seconded by Commissioner Jilka, to adopt Resolution Number 98-5322, authorizing sale of the temporary notes to First Tennessee Capital Markets at a rate of 3.938167%. Aye: (5). Nay: (0). Motion carried. (8.8) Change Order No. 3 for the South Ninth Street Corridor Improvements, Project No. 97- 1037. Shawn O'Leary, Director of Engineering, explained the change order. Moved by Commissioner Seaton, seconded by Commissioner Jilka, to approve Change Order No. 3 for the South Ninth Street Corridor Improvements, Phase 11, Project No. 97-1037 in the amount of $38,317.00. Aye: (5). Nay: (0). Motion carried. (8.9) Resolution 98-5324 authorizing an amendment to the employment agreement with the City Manager and approving compensation aspects of a proposed Memorandum of Understanding with the Deputy City Manager. Commission Action # Greg Bengtson, City Attorney, explained the amendment and Memorandum of nderstanding. 98-1677 Moved by Commissioner Jilka, seconded by Commissioner Seaton, to adopt Resolution umber 98-5324. Aye: (5). Nay: (0). Motion carried. 10) Executive Session. (legal) 98-1678 Moved by Commissioner Shadwick, seconded by Commissioner Heath, that the City Commission recess into executive session for 10 minutes or until 4:42 p.m. for the purpose of discussing with the City Attorney a matter subject to the attorney-client privilege for the reason that public discussion would waive the privilege and jeopardize the City's position in the matter. Aye: (5). Nay: (0). Motion carried. 98-1679 The Board of Commissioners recessed at 4:32 p.m. and reconvened at 4:43 p.m. No was taken. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Heath, seconded by Commissioner Shadwick, that the Regular ng of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The ig adjourned at 4:43 p.m. Monte Shadwick, Vice -Mayor [SEAL] ATTEST: CMC, City