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07-18-2005 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS July 18, 2005 4:00 p.m. The City Commission convened at 2:30 p.m. for a Budget Study Session. The Regular Meeting of the w Board of Commissioners was called to order at 4:00 p.m. in Room 107, City -County Building. A roll y call was taken followed by the Pledge of Allegiance and a moment of silence. 0 There were present: Mayor Deborah P. Divine, Chairman presiding Commissioner Alan E. Jilka Commissioner Donnie D. Marrs Commissioner R. Abner Perney Commissioner John K. Vanier H comprising a quorum of the Board, also present: Jason A. Gage, City Manager Deborah Denial, Assistant City Manager Lieu Ann Elsey, City Clerk Absent: None CITIZEN FORUM None. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of July 11, 2005. (6.2) Approve Change Order No. 3 for the Concrete Curb and Gutter and Concrete Pavement Improvements, Project No. 04-1463 with Wilbur Construction Company in the amount of $12,284.89. (6.3) Approve surveying contracts with Wilson & Company, Inc. in the amount of $40,025 and Landmark Surveying in the amount of $7,815 and agree to the ongoing needs of the engineering division and allow the City Manager the authority to administratively approve requests that do not exceed $1,000. 05-6772II Moved by Commissioner Marrs, seconded by Commissioner Jilka, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Consider modification or repeal of Ordinance No. 04-10230 rezoning the property addressed as 314 W. Cloud Street and 1720 S. 9`h Street to PC -3. Dean Andrew, Director of Planning and Community Development, explained that this item was postponed from the June 13, 2005 meeting to allow the owner additional time to fulfill the conditions of approval. Mr. Andrew continued to explain that the owner has made substantial progress regarding the landscaping, but that work needs to continue on the indoor storage requirement. Therefore, staff is recommending that since positive steps have been taken since the June meeting, there would be no need for any City Commission action at this time. Mayor Divine complimented the applicant on the work that has been done. Page 1 Commission Action # ADMINISTRATION (8.1) Second reading Ordinance No. 05-10293 amending Ordinance No. 02-10118 establishing a capital cost recovery charge for the purpose of paying a portion of a water distribution system in the N vicinity of South Ninth Street and Water Well Road. Z W Mayor Divine noted that Ordinance No. 05-10293 was passed on first reading on July 11, 2005 and since that time no comments have been received. y 05-§773 Moved by Commissioner Vanier, seconded by Commissioner Jilka, to adopt Ordinance No. 05-10293 on second reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Perney, Vanier, Divine. Nay: (0). Motion carried. (8.2) Second reading Ordinance No. 05-10294 amending Ordinance No. 02-10119 establishing a capital cost recovery charge for the purpose of paying a portion of the cost of a sanitary sewer collection system in the vicinity of South Ninth Street and Water Well Road. Mayor Divine noted that Ordinance No. 05-10294 was passed on first reading on July 11, 2005 and since that time no comments have been received. 05-6774 Moved by Commissioner Vanier, seconded by Commissioner Marrs, to adopt Ordinance No. 05-10294 on second reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Perney, Vanier, Divine. Nay: (0). Motion carried. (8.3) First reading Ordinance No. 05-10295 amending Chapter 38, Article I, Section 38-1 by adopting the 2005 Standard Traffic Ordinance and local amendments. (8.3b) Declare an emergency exist for second reading on the same day. (8.3c) Second reading Ordinance No. 05-10295. Jennifer Wyatt, City Prosecutor, explained the incorporated changes in state law that became effective on July 1, 2005. 05-67751 Moved by Commissioner Marrs, seconded by Commissioner Perney, to pass Ordinance No. 05-10295 on first reading. Aye: (5). Nay: (0). Motion carried. 05-677611 Moved by Commissioner Jilka, seconded by Commissioner Perney, to declare an emergency exist for second reading on the same day. Aye: (5). Nay: (0). Motion carried. 05-6777 Moved by Commissioner Marrs, seconded by Commissioner Vanier, to adopt Ordinance No. 05-10295 on second reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Perney, Vanier, Divine. Nay: (0). Motion carried. (8.4) Resolution No. 05-6200 finding as to the advisability and authorizing construction of sanitary sewer improvements in Blocks 3 and 8 in the Twin Oaks II Addition. Commissioner Marrs recused himself due to conflict of interest. Brad Johnson, City Engineer, explained the request made in Petition No. 4265, the feasibility report, cost of the improvements, and the request to waive the financial security. 05-6778 Moved by Commissioner Perney, seconded by Commissioner Vanier, to adopt Resolution No. 05-6200, waive the requirement for financial security, approve the engineering feasibility report, and authorize staff to formalize a change order with Stevens Construction. A discussion followed between City Manager Jason Gage and Mr. Johnson regarding the waiver of the financial security. Mayor Divine called the question. Aye: (4). Nay: (0). Abstained: (1) Marrs. Motion carried. Page 2 Commission Action # 1 1 None. OTHER BUSINESS ADJOURNMENT 05-6779 Moved by Commissioner Marrs, seconded by Commissioner Jilka, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried_ The meeting adjourned at 4:21 p.m. U Deborah Divine, Mayor [SEAL] ATTEST: Lieu Ann Elsey, City Cl Page 3