08-09-2004 MinutesCommission
Action #
04-65
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
August 9, 2004
4:00 p.m.
The City Commission convened at 2:30 p.m. for a Budget Study Session. 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
comprising a quorum of the Board, also present:
Dennis M. Kissinger, City Manager
Greg Bengtson, City Attorney
Lieu Ann Elsey, City Clerk
Absent: Commissioner Paul G. Webb
CITIZEN FORUM
None.
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of August 2, 2004.
(6.2) Authorize purchase of one monitor/defibrillator/pacer from Zoll Medical Corporation in
the amount of $16,849.75.
(6.3) Resolution No. 04-6107 authorizing a Connecting Link Maintenance Agreement with the
Kansas Department of Transportation.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve the consent
agenda as presented. Aye: (4). Nay: (0). Motion carried.
None.
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Second reading Ordinance No. 04-10223 amending Chapter 7 to the Salina Code pertaining
to Animals.
Dennis Kissinger, City Manager, explained the amendments to the ordinance between first
and second reading. Mr. Kissinger then responded to Commissioner Divine's question regarding the
definitions of hobby breeders and commercial animal establishments.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to adopt Ordinance No.
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Commission
Action #
04-6510
04-6511
04-6512
04-6513
04-6514
04-10223 on second reading. A roll call vote was taken. Aye: (4) Divine, Jilka, Marrs, Shadwick.
Nay: (0). Motion carried.
(8.2) Resolution No. 04-6105 establishing an Animal Control Advisory and Appeals Board in
accordance with Section 7-16 of the Salina Code.
Dennis Kissinger, City Manager, explained the board function and possible membership.
Mr. Kissinger also responded to Mayor Shadwick regarding the time frame of the board
appointments.
Moved by Commissioner Jilka, seconded by Commissioner Marrs, to adopt Resolution No.
04-6105. Aye: (4). Nay: (0). Motion carried.
(8.3) Resolution No. 04-6106 amending Article IV of the Comprehensive Fee Schedule
pertaining to animal registration/license fees and dog permits.
Dennis Kissinger, City Manager, outlined the proposed fees.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to adopt Resolution No.
04-6106. Aye: (4). Nay: (0). Motion carried.
(8.4) Second reading Ordinance No. 04-10224 amending Ordinance No, 04-10210 relating to
leash requirements for pit bull dogs.
Mayor Shadwick noted that Ordinance No. 04-10224 was passed on first reading on
August 2, 2004 and since that time no comments have been received.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to adopt Ordinance No.
04-10224 on second reading. A roll call vote was taken. Aye: (4) Divine, Jilka, Marrs, Shadwick.
Nay: (0). Motion carried.
(8.5) First reading Ordinance No. 04-10225 amending Chapter 38 of the Salina Code by
adopting the 2004 Standard Traffic Ordinance and local amendments.
(8.5a) Declare an emergency exists for second reading on the same day.
(8.5b) Second reading Ordinance No. 04-10225.
Jennifer Wyatt, City Prosecutor, summarized the changes in state law adopted during the
2004 legislative session. Ms. Wyatt then responded to Commissioner Divine's questions regarding
the local amendments and legislative action on motor scooters.
Moved by Commissioner Divine, seconded by Commissioner Marrs, to pass Ordinance
No. 04-10225 on first reading. Aye: (4). Nay: (0). Motion carried.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to declare and
emergency exists for second reading on the same day. Aye: (4). Nay: (0). Motion carried.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Ordinance
No. 04-10225 on second reading. A roll call vote was taken. Aye: (4) Divine, Jilka, Marrs, Shadwick.
Nay: (0). Motion carried.
(8.6) First reading Ordinance No. 04-10226 levying special assessments against certain lots and
pieces of property to pay the cost of abatement of nuisances.
Rodney Franz, Director of Finance and Administration, sumrnarized the nuisance
abatement procedures and the need for the certification. Mr. Franz noted the amount billed and the
amount of payments that have been received.
A discussion followed between Mr. Franz, Mayor Shadwick and Commissioner Divine
regarding the number of abatements, location of abatements, and charges.
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Commission
Action #
04-6515 Moved by Commissioner Jilka, seconded by Commissioner Divine, to pass Ordinance No.
04-10226 on first reading. Aye: (4). Nay: (0). Motion carried.
(8.7) Approve Supplemental Agreement No. 1 for the design of the South Ohio Street
Improvements, Project No. 03-1402 from Magnolia to Schilling Road.
Brad Johnson, City Engineer, explained the project, project schedule and funding.
A discussion followed between Commissioner Divine, City Manager Dennis Kissinger,
and Mr. Johnson regarding the accelerated schedule.
04-6516 Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve
Supplemental Agreement No. 1 with Wilson & Company in the amount of $43,300. Aye: (4). Nay:
(0). Motion carried.
(8.8) Request for executive session (real estate and personnel).
04-6517 Moved by Commissioner Divine, seconded by Commissioner Jilka, to recess into executive
session for 15 minutes for preliminary discussions relating to the acquisition of real estate for the
reason that public discussion of the matter could jeopardize the ability of the City to potentially
acquire the subject real estate, and a personnel matter involving non -elected personnel of the City for
the reason that public discussion of the matter would violate the privacy rights of the City employee
involved; and reconvene at 4:40 p.m. Aye: (4). Nay: (0). Motion carried.
The City Commission recessed into executive session at 4:25 p.m. and reconvened at 4:40
p.m.
04-6518 Moved by Commissioner Jilka, seconded by Commissioner Marrs, that the City Attorney
be directed to prepare and the City Manager authorized to enter into an agreement for the purchase of
Tract 8 for the North Ohio Overpass Project for the sum of $367,260. Aye: (4). Nay: (0). Motion
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carried.
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04-6519 Moved by Commissioner Divine, seconded by Commissioner Jilka, to recess into executive
session for an additional 10 minutes to discuss a personnel matter involving non -elected personnel of
the City for the reason that public discussion of the matter would violate the privacy rights of the City
employee involved; and reconvene at 4:50 p.m. Aye: (4). Nay: (0). Motion carried.
The City Commission recessed into the current executive session at 4:40 p.m. and
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reconvened at 4:50 p.m.
04-6520 Moved by Commissioner Jilka, seconded by Commissioner Divine, to recess into the
current executive session for an additional five minutes. Aye: (4). Nay: (0). :Motion carried.
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The City Commission recessed into the current executive session at 4:50 p.m. and
reconvened at 4:55 p.m. No action was taken.
OTHER BUSINESS
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None.
ADJOURNMENT
04-6520 Moved by Commissioner Jilka, seconded by Commissioner Divine, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The
meeting adjourned at 4:55 p.m.
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Monte Shadwick, Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey, City Cler
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