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10-03-1994 MinutesAction CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS OCTOBER 3, 1994 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, October 3, 1994, at 4:00 p.m. There were present: Mayor Joseph A. Warner, Chairman presiding Commissioner Carol E. Beggs Commissioner Peter F. Brungardt Commissioner Evelyn Maxwell comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Judy D. Long, City Clerk Commissioner John Divine None CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The Mayor proclaimed the Month of October, 1994 as "ALPHA DELTA KAPPA MONTH." The proclamation was read by Maurine Johnson, Alpha Delta Kappa Month Chairman. (4.2) The Mayor proclaimed Saturday, October 8, 1994 as "GENE BISSELL DAY." The proclamation was read by Bob Pinkall, Director of Alumni Relations, Kansas Wesleyan University. (4.3) The Mayor proclaimed the Week of October 9 through 15, 1994 as "FIRE PREVENTION WEEK." The proclamation was read by Carol Vineyard, Public Education Specialist for the Salina Fire Department. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing to consider application for Holiday Resort's Nursing Home under the CDBG Economic Development Program. (5. la.) Resolution Number 94-4800, authorizing the preparation and filing with the Kansas Department of Commerce of a Small Cities Community Development Block Grant Program application for economic development assistance for fiscal year 1994. (5.1b .) Resolution Number 94-4801, a resolution of residential anti -displacement and relocation assistance plan under Section 104(D) of the Housing and Community Development Act of 1974, as amended. Roy Dudark, Director of Planning and Community Development, reviewed the application. Mayor Warner declared the public hearing open. Larry Mann, #12 Crestview, Administrator of the Smoky HillII Rehabilitation Center, stated that he felt Salina already had too many available nursing home beds. He was also concerned about obtaining adequate qualified staff. There were no other comments, written or oral, so the Mayor declared the public hearing closed. Action 94-378 94-379 94-380 94-381 94-382 94-383 Moved by Commissioner Brungardt, seconded by Commissioner Beggs, that Resolution Number 94-4800, authorizing the preparation and filing with the Kansas Department of Commerce of a Small Cities Community Development Block Grant Program application for economic development assistance for fiscal year 1994, be adopted. Aye: Beggs, Brungardt, Warner. (3). Nay: Maxwell. (1). Motion carried. Moved by Commissioner Maxwell, seconded by Commissioner Beggs, that Resolution Number 94-4801, a resolution of residential anti -displacement and relocation assistance plan under Section 104(D) of the Housing and Community Development Act of 1974, as amended, be adopted. Aye: (4) . Nay: (0) . Motion carried. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting September 26, 1994. (6.2) Set the date of Tuesday, December 13, 1994 to receive bids for the sale of surplus fire apparatus and equipment 94-9655, providing for the annexation of certain land in the southeast quarter (6.3) Authorize and direct the City Manager to post traffic signs for speed limits on Country Club Road. conformity with the provisions (6.4) Consider approval of the consolidated City -County Meeting Room project. (4) . Nay: (0) . Motion carried. Moved by Commissioner Brungardt, seconded by Commissioner Beggs that all items on the Consent Agenda be approved. Aye: (4) . Nay: (0) . Motion carried. DEVELOPMENT BUSINESS (7.1) Consider application for Homeowner Rehabilitation under 1994 HOME Program. Roy Dudark, Director of Planning and Community Development, reviewed the project. Moved by Commissioner Brungardt, seconded by Commissioner Maxwell, that the Mayor and City Manager be authorized to sign and submit the application for Homeowner Rehabilitation under 1994 HOME Program. Aye: (4) . Nay: (0). Motion carried. ADMINISTRATION (8.1) Second Reading Ordinance Number 94-9655, providing for the annexation of certain land in the southeast quarter of the northeast quarter of Section 7, Township 14 South, Range 2 West of the 6th Principal Meridian in Saline County, Kansas, in conformity with the provisions of K.S.A. 12-519 to 12-526, inclusive. Moved by Commissioner Maxwell, seconded by Commissioner Beggs, that Ordinance Number 94-9655, providing for the annexation of certain land in the southeast quarter of the northeast quarter of Section 7, Township 14 South, Range 2 West of the 6th Principal Meridian in Saline County, Kansas, in conformity with the provisions of K.S.A. 12-519 to 12-526, inclusive, be adopted. Aye: Beggs, Brungardt, Maxwell, Warner. (4) . Nay: (0) . Motion carried. (8.2) First Reading Ordinance Number 94-9658, authorizing the City Manager to execute a contract for fire protection of property outside the city limits (248 E. Berg Road) . Tom Girard, Fire Chief, explained the contract. Moved by Commissioner Beggs, seconded by Commissioner Maxwell, that Ordinance Number 94-9658, authorizing the City Manager to execute a contract for fire protection of property outside the city limits (248 E. Berg Road), be introduced for first reading. Aye: (4). Nay: (0). Motion carried. ction 94-384 94-385 (8.3) Request for Executive Session to discuss legal matters, specifically ; report from the City Attorney on active and potential litigation. (One hou estimated time, with no Commission action to be requested.) The Board of Commissioners recessed at 4:35 p.m. and reconvened at 5:35 p.m. The Commissioners took no action. OTHER BUSINESS Mayor Warner Moved by Commissioner Brungardt, seconded by Commissioner Maxwell, that the Board of Commissioners recess into executive session for hour for the purpose of discussing matters deemed subject to the attorney-clien privilege, specifically a report from the City Attorney on active and potentia litigation, for the reason that public discussion would waive the attorney-clien privilege and would adversely affect the City's position in the matters. Aye (4). Nay: (0). Motion carried. Nay: (0) . Motion carried. The meeting adjourned at 5:36 p.m. The Board of Commissioners recessed at 4:35 p.m. and reconvened at 5:35 p.m. The Commissioners took no action. OTHER BUSINESS Mayor Warner announced that there would be no meeting on October 10, 1994 as the Commissioners would be attending the Kansas League of Municipalities Conference. ADJOURNMENT Moved by Commissioner Maxwell, seconded by Commissioner Brungardt, that the regular meeting of the Board of Commissioners be adjourned. Aye: (4) . Nay: (0) . Motion carried. The meeting adjourned at 5:36 p.m. [ SEAL] ATTEST: X0, Long, ilClerk i s A. arner, Mayor