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09-18-2006 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS September 18, 2006 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for a presentation by the League of W Women Voters regarding city -county consolidation. 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 Donnie D. Marrs, Chairman presiding Commissioner Alan E. Jilka Commissioner Deborah P. Divine Commissioner R. Abner Perney Commissioner John K. Vanier II comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Penny Day, Deputy City Clerk Absent: None None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) Resolution No. 06-6303 expressing gratitude and appreciation to Deputy Police Chief Barry L. Plunkett for his employment with the City of Salina from January 1, 1974 to September 15, 2006. 06-7291 Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve Resolution No. 06-6303. Aye: (5). Nay: (0). Motion carried. (4.2) The month of September 2006 as "Life Insurance Awareness Month" in the city of Salina. Jean Curry, Chairperson of the NAIFA of the Heartland, read the proclamation and announced upcoming events. (4.3) The week of September 17 — 23, 2006 as "Constitution Week" in the city of Salina. Sharon Foust, Constitution Week Chairperson, read the proclamation and announced upcoming events. (4.4) The month of September 15 - October 15, 2006 as "Hispanic Heritage Month" in the city of Salina. J.Q. Rodriquez read the proclamation, and demonstrated several flags from Latin American countries that have declared their independence. (4.5) Presentation of plaques to outgoing board members. Mayor Marrs presented the plaques and thanked the outgoing members. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of August 28, 2006. (6.2) Award of contract to replace shelter house roofs in Lakewood Park, Project No. 06-1599 to Ponton's Construction in the amount of $15,330. (6.3) Award of contract to replace the Salina -Saline County Health Department Roof Replacement, Project No. 06-1599 to S&S Roofing in the amount of $46,000. (6.4) Award of contract for the Lakeside Addition Utility Improvements, Project No. 06-1594 to Sevens Contractors in the amount of $58,731. Page 1 Commission Action # 06-7292 Moved by Commissioner Perney, seconded by Commissioner Jilka, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS Z w None. ADMINISTRATION (8.1) First reading Ordinance No. 06-10358 amending Section 5-102 of the Salina Code pertaining to revocation or suspension of cereal malt beverage licenses. Jarred Johnson, Clark, Mize & Linville, outlined the proposed changes. Mr. Johnson and City Attorney Greg Bengtson responded to Commissioner Perney and Mayor Marrs' questions regarding subsection 14 of the code amendment. A discussion followed between Mr. Johnson, Mr. Bengtson, City Manager Jason Gage, Commissioner Divine and Commissioner Vanier regarding the minimum and maximum length of time a license could be suspended and whether that could be included. Commissioner Jilka proposed a minimum and maximum of seven to 30 calendar days. 06-7293 Moved by Commissioner Vanier, seconded by Commissioner Jilka, to pass Ordinance No. 06-10358 on first reading with additional clarifying language to subsection 14 and the inclusion of a minimum and maximum amount of time of seven to 30 calendars of suspension. Aye: (5). Nay: (0). Motion carried. (8.2) Resolution No. 06-6308 authorizing an agreement with Crestwood, Inc. to provide water service to a production facility located on Avenue A. Martha Tasker, Director of Utilities, explained the request and the connection fee. A discussion followed between Mayor Marrs, Dean Andrew, Director of Planning and Community Development, and Ms. Tasker on whether the property currently has a fire contract and the annexation status of other properties located on Avenues A and B. Ms. Tasker responded to Commissioner Divine's question regarding the amount of water that Crestwood, Inc. would use once connected. Mr. Andrew and Ms. Tasker then responded to Mayor Marrs' question regarding the sanitary sewer connection. 06-72941 Moved by Commissioner Divine, seconded by Commissioner Perney, to approve Resolution No. 06-6308. Aye: (4). Nay: (1) Jilka. Motion carried. (8.3) Water Warning update and action on water use modifications. Martha Tasker, Director of Utilities, reviewed the history of the water supply situation, the current status, and the changes in the discharge rate from Kanapolis Lake over the next several months. Ms. Tasker continued to explain the proposed changes to the commission. Jason Gage, City Manager, asked the commission to clarify any changes they would like to see in relation to people reseeding their lawns. Mr. Gage responded to Commissioner Divine's question as to if the city staff has been involved in any conversations related to the request made by an ethanol plant to receive water from Kanopolis Reservoir. Mr. Gage responded to Commissioner Perney's question if the city is planning to do a review of their landscape requirements. Page 2 Commission Action # 06-7295 Moved by Commissioner Divine, seconded by Commissioner Perney, to approve the proposed water restriction changes including additional language for lawn reseeding, review of landscaping requirements, and additional consideration of the impact of private wells. Aye: (5). Nay: (0). Motion carried. N Commissioner Divine recused herself due to a conflict of interest. Z W (8.4) Approve Supplemental Agreement with Bucher, Willis & Ratliff Corporation for the D Downtown Traffic Signal Improvements, Project No. 05-1547. 0 Shawn O'Leary, Director of Public Works, explained the agreement, and noted that David Johnson with Bucher, Willis & Ratliff was present to answer any questions. Mr. O'Leary responded to Commissioner Vanier's question regarding sections G through I of the agreement. Mr. O'Leary then responded to Mayor Marrs' question regarding the corner of the United Building being located in the right-of-way. Commissioner Perney stated that the task force's consensus on the Iron and 7th Street location is to update the wiring but to retain the current historic traffic light poles and not make any changes that would effect the basement of the United Building. A discussion followed between City Manager Jason Gage, Mr. O'Leary, and Commissioner Perney regarding the signals at the Iron and 7th Street, and the additional costs in the agreement. 06-729Moved by Commissioner Jilka, seconded by Commissioner Vanier, to approve Supplemental Agreement with Bucher, Willis & Ratliff Corporation for the Downtown Traffic Signal Improvements, Project No. 05-1547, in the amount of $15,034.78. Mr. Johnson responded to Commissioner Vanier's question regarding whether or not the design portion of the project is now complete. Mayor Marrs called the question: Aye: (3). Nay: (1) Perney. Abstain: (1) Divine. Motion carried. (8.5) Approve Supplemental Agreement with Bucher, Willis & Ratliff Corporation for the design revisions for the Broadway Corridor Improvements Project No. 03-1409. Shawn O'Leary, Director of Public Works, explained the agreement, and the general concerns of the effected property owners. Mr. O'Leary responded to Mayor Marr's question regarding the agreement costs. Commissioner Jilka commented on staff's efforts in dealing with the concerns of the property owners. 06-7297 Moved by Commissioner Jilka, seconded by Commissioner Vanier, to approve the supplemental agreement with Bucher, Willis & Ratliff Corporation for the design revisions and additional public meetings related to the Broadway Boulevard right-of-way for the Broadway Corridor Improvements Project No. 03-1409 in the amount of $31,050. Aye: (4). Nay: (0 ). Abstain: (1) Divine. Motion carried. Commissioner Divine returned. (8.6) Request for Executive Session (personnel). 06-7298 Moved by Commissioner Jilka, seconded by Commissioner Perney, to recess into executive session for 10 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. Aye: (5). Nay: (0). Motion carried. Page 3 Commission Action # n 1 The City Commission recessed into executive session at 5:18 p.m. and reconvened at 5:44 p.m. No action was taken. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Divine, seconded by Commissioner Vanier, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:44 p.m. [SEAL] AT EST: 04 Lieu Arm Elsey, CMC, Cit Jerk Donnie D. Marrs, Mayor Page 4