08-02-2004 MinutesCommission
Action #
1
1
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
August 2, 2004
4:00 p.m.
The City Commission convened at 3:15 p.m. in a Study Session for an Arts & Humanities Director
presentation. 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 Monte Shadwick, Chairman presiding
Commissioner Deborah P. Divine
Commissioner Alan E. Jilka
Commissioner Donnie D. Marrs
Commissioner Paul G. Webb
comprising a quorum of the Board, also present:
Michael Morgan, Deputy City Manager
Greg Bengtson, City Attorney
Lieu Ann Elsey, City Clerk
Absent: Dennis M. Kissinger, City Manager
CITIZEN FORUM
None.
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Appeal hearing on revocation of contractor's registration for Pat Wirtz d.b.a. Wirtz's
Remodeling.
Mayor Shadwick opened the hearing.
Michael Morgan, Deputy City Manager, explained that Pat Wirtz obtained a building
permit for a home addition at 1322 Kiowa, stating that the homeowner would be doing all the
electrical and plumbing work. The homeowner contacted the city expressing concerns about Mr.
Wirtz's work and based on staff's investigation, Mr. Wirtz was found guilty in Municipal Court with
performing electrical and plumbing work without a license and concealing work without required
inspections. Mr. Morgan continued to explain that Mr. Wirtz was notified by certified mail of hearing
before the City Manager; however, Mr. Wirtz did not appear and his registration was revoked.
A discussion followed between Commission Marrs, Commissioner Divine, and Building
Official Mike Roberts regarding the procedure of obtaining a building permit, exemption provisions,
and inspections.
Pat Wirtz, d.b.a. Wirtz's Remodeling, commented on the findings of the Municipal Court,
claiming he did not conduct any electrical or plumbing work. He also indicated that city staff
inspected the premise. Mr. Wirtz also responded to Commissioner Marrs' question regarding the
building permit he obtained.
James Thomas, no address given, commented on conversations he had with the
homeowner regarding other contractors that would perform electrical and plumbing work.
Page 1
Commission
Action #
eo-5a ,a
1
n
04-6497
04-6498
1H.M • 7
Judy Hoffinan, 1322 Kiowa, expressed her disappointment on the work performed by Mr.
Wirtz and how he had done the plumbing and electrical work. Ms. Hoffman also noted that the job
had not been completed.
Mr. Roberts responded to questions from Commissioner Jilka and Commissioner Marrs
regarding types of work could be performed without the registration and the inspection process.
Commissioner Marrs commented that he would like to see testing for general contractors
similar to the electrical, plumbing, and mechanical licenses.
Mr. Morgan commented on testing possibilities and registration standards.
A discussion followed between the City Commission regarding revocation of the license,
possible training available and the permitting process.
There being no further comments, the public hearing was closed.
Moved by Commissioner Webb, seconded by Commissioner Marrs, to sustain the decision
of the City Manager to revoke Mr. Wirtz's contractor registration, and establish a date of December
31, 2005 at which time Mr. Wirtz's could become re -registered.
Mr. Wirtz commented on the inability to work within the city without being registered.
Mr. Roberts clarified for the Commission when a registration would be required.
Mayor Shadwick called the question. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of July 26, 2004.
(6.2) Resolution No. 04-6101 initiating proceedings for the construction of certain water works
improvements located at the Ohio/Magnolia intersection.
(6.3) Resolution No. 04-6102 initiating proceedings for public building improvements at the
Bicentennial Center.
(6.4) Resolution No. 04-6100 authorizing a license agreement with Hoff s Machine & Welding
Corp., Inc. to allow a private sewer line in the North Street public right-of-way, adjacent to 925 E.
North Street.
Keith Rawlings, Bicentennial Center Director, responded to Commissioner Divine's
questions regarding the exterior signs.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
None.
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Second reading Ordinance No. 04-10222 amending Chapter 25, Article VI, Section 25-91
of the Salina Code making theft of property of the value of less than $1,000 a Class A violation.
Mayor Shadwick noted that Ordinance No. 04-10222 was passed on first reading on July
26, 2004 and since that time no comments have been received.
Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Ordinance
No. 04-10222 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb,
Shadwick. Nay: (0). Motion carried.
Page 2
Commission
Action #
04-65
04-6501
D
04-6502
04-6503
1
(8.2) First reading Ordinance No. 04-10224 amending Ordinance No. 04-10210 relating to leash
requirements for pit bull dogs.
(8.2a) Resolution No. 04-6098 authorizing a pit bull dog special permit fee reduction
or partial rebate under certain conditions.
Greg Bengtson, City Attorney, explained the proposed amendment to the leash
requirements for pit bull dogs.
Linda Moravec, 1129 Cloud Circle, expressed her opposition on the pit bull ban and the
pit bull permit.
Theresa Roy, 314 N. Kansas, spoke in favor of the change to the leash requirements and
opposition of the permit application.
Moved by Commissioner Marrs, seconded by Commissioner Webb, to pass Ordinance No.
04-10224 on first reading. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Webb, seconded by Commissioner Divine, to adopt Resolution
No. 04-6098. Aye: (5). Nay: (0). Motion carried.
(8.3) Resolution No. 04-6099 authorizing an agreement with Bucher, Willis & Ratliff for
consulting services relating to the replacement of heat pump outdoor units at the Salina Bicentennial
Center, in an amount not to exceed $14,772.
Commissioner Divine excused herself from the quorum due to conflict of interest.
Keith Rawlings, Bicentennial Center Director, explained the project and agreement.
Commissioner Marrs commented on the life expectancy of the new unit and the reuse of
major components from the old unit.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to adopt Resolution No.
04-6099. Aye: (4). Nay: (0). Abstain: (1) Divine. Motion carried.
Commissioner Divine returned.
(8.4) Authorize the installation of a new 20 -mph school speed zone on South Street for
Cottonwood Elementary School.
Eric Drager, Traffic Engineer, explained that the proposed school zone would run along
Phillips Street from Ash Street to Prescott Avenue.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to approve the
installation of the 20 -mph school speed zone on South Street. Aye: (5). Nay: (0). Motion carried.
(8.5) Award of contract for the Salina Soccer Complex — Bill Burke Park Site Grading, Project
No. 04-1484.
Brad Johnson, City Engineer, explain the project, quotes received, and project funding.
Mr. Johnson also responded to Commissioner Divine's questions regarding utility relocation.
Moved by Commissioner Divine, seconded by Commissioner Webb, to award the contract
for the Salina Soccer Complex — Bill Burke Park Site Grading, Project No. 04-1484 to APAC-Kansas,
Inc., Shears Division in the amount of $89,925.75. Aye: (5). Nay: (0). Motion carried.
(8.6) Request for Executive Session (personnel).
Page 3
Commission
Action #
04-65
Fj
04-65
1
Moved by Commissioner Marrs, seconded by Commissioner Divine, to recess into
executive session for ten minutes to discuss a matter pertaining to non -elected city personnel for the
reason that public discussion of the matter would violate the privacy rights of the non -elected city
personnel involved; and reconvene at 5:21 p.m. Aye: (5). Nay: (0). Motion carried.
p.m.
The City Commission recessed into executive session at 5:11 p.m. and reconvened at 5:21
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Marrs, seconded by Commissioner Divine, that the Regular Meeting of
the Board of Commissioners be adjourned. Aye: (5). Nay (0). Motion carried. The meeting
adjourned at 5:21 p.m.
[SEAL]
ATTEST:
Lieu Ann Elsey, City Clerk
Monte Shadwick, Mayor
Page 4