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09-20-2004 MinutesCommission Action # 04-656( 04-656'. CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS September 20, 2004 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for a Capital Improvement Planning - Finance Discussion and Issues Overview. 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 Alan E. Jilka Commissioner Donnie D. Marrs Commissioner Paul G. Webb comprising a quorum of the Board, also present: Dennis M. Kissinger, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: Commissioner Deborah P. Divine None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The week of September 17 — 23, 2004 as "Constitution Week" in the City of Salina. Sharon Foust, Constitution Week Chairperson, read the proclamation and announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on Petition No. 4254, filed by Daniel C. King, requesting the vacation of the 20 -foot utility easement between Lots 1 and 2, Block 2, Brock Addition. (5.1a) First reading Ordinance No. 04-10233. Brad Johnson, City Engineer, explained the request and that there are currently no existing utilities located in the easement. Moved by Commissioner Webb, seconded by Commissioner Jilka, to pass Ordinance No. 04-10233 on first reading. Aye: (4). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of September 13, 2004. (6.2) Resolution No. 04-6117 establishing an account with the Municipal Investment Pool (MIP) for the purpose of transmitting funds for investments. Moved by Commissioner Jilka, seconded by Commissioner Webb, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS Page 1 Commission Action # -- -- .,[rbpid,' J Sal, .:I 04-6569 04-6570 04-6571 ADMINISTRATION (8.1) Second reading Ordinance No. 04-10227 providing for a change in zoning district classification from C-5 to PDD (I-2) on property addressed as 804 N. Eighth Street and legally described as Lots 13 and Lots 15, Block 6, Pacific Addition. Mayor Shadwick noted that Ordinance No. 04-10227 was passed on first reading on September 13, 2004 and since that time no comments have been received. Moved by Commissioner Marrs, seconded by Commissioner Jilka, to adopt Ordinance No. 04-10227 on second reading. A roll call vote was taken. Aye: (4) Jilka, Marrs, Webb, Shadwick. Nay: (0). Motion carried. (8.2) Second reading Ordinance No. 04-10228 providing a change in zoning district j classification from C-5 to PDD (I-2) on property addressed as 801 and 811 N. Seventh Street and legally described as the South 10 feet of Lot 14 and all of Lots 16, 18 and 20, Block 6, Pacific l Addition. Mayor Shadwick noted that Ordinance No. 04-10228 was passed on first reading on September 13, 2004 and since that time no comments have been received. Moved by Commissioner Webb, seconded by Commissioner Jilka, to adopt Ordinance No. 04-10228 on second reading. A roll call vote was taken. Aye: (4) Jilka, Marrs, Webb, Shadwick. Nay: (0). Motion carried. (8.3) Second reading Ordinance No. 04-10230 providing a change in zoning district classification from C-3 to PC -5 on property addressed as 314 W. Cloud Street and 1720 S. Ninth Street. Mayor Shadwick noted that Ordinance No. 04-10230 was passed on first reading on September 13, 2004 and since that time no comments have been received. Moved by Commissioner Marrs, seconded by Commissioner Webb, to adopt Ordinance No. 04-10230 on second reading. A roll call vote was taken. Aye: (4) Jilka, Marrs, Webb, Shadwick. Nay: (0). Motion carried. (8.4) Second reading Ordinance No. 04-10231 vacating an existing utility easement between Lots 5 and 6, Block 1, Highland Meadows Hamlet Addition. Mayor Shadwick noted that Ordinance No. 04-10231 was passed on first reading on September 13, 2004 and since that time no comments have been received. Moved by Commissioner Jilka, seconded by Commissioner Marrs, to adopt Ordinance No. 04-10231 on second reading. A roll call vote was taken. Aye: (4) Jilka, Marrs, Webb, Shadwick. Nay: (0). Motion carried. (8.5) Second reading Ordinance No. 04-10232 annexing a 75 acre tract of land located at the northwest corner of Water Well Road and Ohio Street. Mayor Shadwick noted that Ordinance No. 04-10232 was passed on first reading on September 13, 2004. Dean Andrew noted the changes to the ordinance since first reading. He explained the changes included the added section to clarify the tract to be a Primary Service Area, the abutting Water Well Road and Ohio Street roadways are not part of the annexation, and that there are currently no buildings or structures with addresses located on the property. Moved by Commissioner Webb, seconded by Commissioner Marrs, to adopt Ordinance No. 04-10232 on second reading. A roll call vote was taken. Aye: (4) Jilka, Marrs, Webb, Shadwick. Nay: (0). Motion carried. (8.6) Consider grant request from Kansas Mission of Mercy dental clinic representatives. Page 2 Commission Action # 04-65731 04-65741 04-65751 04-6576 Dennis Kissinger, City Manager, explained the request, estimated cost, and the possibility of allocating a grant from the General Fund Agency Contracts and Grants account in the 2005 budget. Dr. Guy Gross, 2650 Chukar Court, explained the project, noted that. approximately 2,200 patients are expected and that free dental care would be provided. Dr. Gross then responded to Mayor Shadwick's question regarding volunteers needed. Moved by Commissioner Jilka, seconded by Commissioner Marrs, to provide a grant of $4,000 from the General Fund Agency Contracts and Grants account in 2005 to the Kansas Mission of Mercy for the free dental clinic. Aye: (4). Nay: (0). Motion carried. (8.7) First reading Ordinance No. 04-10234 ordering the acquisition of certain real estate for the purpose of constructing the North Ohio Overpass project. Greg Bengtson, City Attorney, explained the eminent domain process and what tracts are affected. Moved by Commissioner Marrs, seconded by Commissioner Webb, to pass Ordinance No. 04-10234 on first reading. Aye: (4). Nay: (0). Motion carried. j Moved by Commissioner Marrs, seconded by Commissioner Jilka, to recess into executive session for ten minutes in order to discuss a personnel matter involving 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 4:30 p.m. Aye: (4). Nay: (0). Motion carried. The City Commission recessed into executive session at 4:20 p.m. and reconvened at 4:35 p.m. No action was taken. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Jilka, seconded by Commissioner Marrs, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting adjourned at 4:35 p.m. onte Sha wick, Mayor [SEAL] ATTEST: Penny Da eputyCi Clerk Page 3