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07-17-2006 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS July 17, 2006 4:00 p.m. Z The City Commission convened at 2:30 p.m. in a Study Session for a Pre -Budget Presentation and w Cable Access TV Budget Request. 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 a Allegiance and a moment of silence. 0 There were present: Mayor Donnie D. Marrs, Chairman presiding Commissioner Alan E. Jilka Commissioner R. Abner Perney Commissioner John K. Vanier H comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: Commissioner Deborah P. Divine CITIZEN FORUM None. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on Petition 4283, filed by St. John's Military School, requesting the vacation of an 80' utility easement located in the vacated right-of-way of Eighth Street and an 80' utility easement located in the vacated right-of-way of Teague Avenue. (5.1a) First reading Ordinance No. 06-10341. Mayor Marrs opened the public hearing. Brad Johnson, City Engineer, explained the request and that all utilities have indicated that they have no objection to the vacation. Mr. Johnson clarified that there are no utilities located in the easements as requested by Mayor Marrs. There being no further comments, the public hearing was closed. 06-7285 Moved by Commissioner Perney, seconded by Commissioner Jilka, to adopt Ordinance No. 06-10341 on first reading. Aye: (4). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of July 10, 2006. 06-7286 Moved by Commissioner Vanier, seconded by Commissioner Jilka, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. ADMINISTRATION (8.1) Second reading Ordinance No. 06-10339 providing for an amendment to Section 42-303 of the Salina Code by adding car washes as a conditional use in the C-4 District. Page 1 Commission Action # Mayor Marrs noted that Ordinance No. 06-10339 was passed on first reading on July 10, 2006 and since that time no comments have been received. 06-7287 Moved by Commissioner Vanier, seconded by Commissioner Pemey, to adopt Ordinance No. 06-10339 on second reading. A roll call vote was taken. Aye: (4) Jilka, Pemey, Vanier, Marrs. Nay: (0). Motion carried. Z a w (8.2) Second reading Ordinance No. 06-10340 amending the conditions of approval of a zoning ti change from PC -2 to PC -3 for Lot 1 and part of Lot 2 of the Brock Addition. Mayor Marrs noted that Ordinance No. 06-10340 was passed on first reading on July 10, 2006 and since that time no comments have been received. 06-728 Moved by Commissioner Vanier, seconded by Commissioner Jilka, to adopt Ordinance No. 06-10340 on second reading. A roll call vote was taken. Aye: (3) Jilka, Vanier, Marrs. Nay: (1) Perney. Motion carried. (8.3) Second reading Ordinance No. 05-10290 vacating a portion of a public utility easement adjacent to Lots 1 and 2, Block 1, Brock Addition. Mayor Marrs noted that Ordinance No. 05-10290 was passed on first reading on June 25, 2005, since that time no comments have been received and written approval has been received from Westar and SBC. 06-728 Moved by Commissioner Perney, seconded by Commissioner Vanier, to adopt Ordinance No. 05-10290 on second reading. A roll call vote was taken. Aye: (4) Jilka, Pemey, Vanier, Marrs. Nay: (0). Motion carried. (8.4) Award of contract for the Curb, Gutter and Concrete Pavement Improvements, Project No. 06-1575. Brad Johnson, City Engineer, explained the project, bids received, and project funding. A discussion followed between Commissioner Vanier, Mayor Marrs, and Mr. Johnson regarding past City projects that have been done by the contractor. 06-729 Moved by Commissioner Jilka, seconded by Commissioner Perney, to award the contract for the Curb, Gutter and Concrete Pavement Improvements, Project No. 06-1575 to Bryant & Bryant Construction in the amount of $178,408. Aye: (4). Nay: (0). Motion carried (8.5) Award of contract for the West Grand Avenue, Phase I Water Main Improvements, Project No. 04-1488. Martha Tasker, Director of Utilities, explained the project, bids received, project funding, and waiving of the financial requirement in accordance to Resolution No. 89-4066. 06-7291 Moved by Commissioner Perney, seconded by Commissioner Vanier, to award the contract for the West Grand Avenue, Phase I Water Main Improvements, Project No. 04-1488 to Smoky Hill, LLC in the amount of $149,928. Aye: (4). Nay: (0). Motion carried. Mayor Marrs congratulated Lieu Ann Elsey, City Clerk, for her acceptance into the IIMC Master Academy. (8.6) Request for executive session (personnel). 06-7292 Moved by Commissioner Vanier, seconded by Commissioner Jilka, to recess into executive session for 10 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 4:25 p.m. Aye: (4). Nay: (0). Motion carried. p.m. The City Commission recessed into executive session at 4:15 p.m. and reconvened at 4:25 Page 2 Commission Action # None. OTHER BUSINESS ADJOURNMENT 06-7293 Moved by Commissioner Vanier, seconded by Commissioner Jilka, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: 4). Nay: (0). Motion cap± -red. The meeting adjourned at 4:25 p.m. o w-�U [SEAL] Z ST: Lieu Ann Elsey, CMC, City lerk 1 1 Donnie D. Marrs, Mayor Page 3