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10-25-2010 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 25, 2010 4:00 p.m. w The City Commission convened at 2:30 p.m. in a Study Session on Toxic Chemical Remediation. The Regular Meeting of the Board of Conmlissioners 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 C silence. 0 Q There were present: Mayor Aaron G. Peck, Presiding Officer Commissioner Samantha P. Angell Commissioner Tom Arpke Commissioner Norman Jennings Commissioner M. Luci Larson comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk 3. CITIZEN FORUM Members of the Salina Regional Health Center United Way extended a challenge to the City of Salina on their United Way campaign. The organization that wins will have a representative walk in the parade in a turkey costume. Mayor Peck accepted the challenge. 4. AWARDS AND PROCLAMATIONS None. 5. PUBLIC FIEARINGS AND ITIiMS SCI'll?DULED FOR A CERTAIN TIMI: (5.1) Public hearing and report on Petition No. 4330 (filed by Thomas P. Martin on behalf of the Salina Regional Health Foundation) requesting the vacation of the East 241 feet of a platted east -west alley located west of Oakdale Avenue (between Ash Street and Johnstown Avenue in the Atherton -Phillips Addition and Surveyor's Plat G). (5.1a) First reading Ordinance No. 10-10576. Mayor Peck opened the public hearing. Dean Andrew, Director of Planning, explained the request, site plan, conditions of approval of the ordinance on second reading, and the dedication of a new alley. There being no further comments, the public hearing was closed. 10-0326 Moved by Connnissioner Larson, seconded by Conunissioner Jennings, to pass Ordinance No. 10- 10576 on first rending. Aye: (5). Nay: (0). Motion carrier!. 6. CONSENT AG17NDA (6.1) Approve the minutes of October 18, 2010. (6.2) Acceptance of public drainage easement dedication on Lot 1, Block "1 of the Hurd Plaza Addition. (6.3) Award of contract for the Water Main Replacement Project - Phase 1, Project No. 10- 2842 to Nowak Construction Company, Inc. in the amount of $771,079. 10-0327 Mover! by Conlnlissioner Jennings, seconded by Connnissioner Larson to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. 7. DEVELOPMI?Nf BUSINESS None. Page 1 8. ADMINISTRATION (8.1) First reading Ordinance No. 10-10577 levying Salina Business Improvement District No. 1 service fees for 2011. Jason Gage, City Manager, explained the district and the proposed fees. i a Phyll Klima, Salina Downtown, Inc., commented on the fees and the SDI budget N provided. 10-0328 Mover( by Connrissioner Angell, seconded by Commissioner Arpke, to pass Ordinance No. 10-10577 on first rending. Aye: (5). Nay: (0). Motion carried. (8.2) Change Order No. 3 for the Pacific Avenue Improvements, Project No. 05-1528. Dan Stack, City Engineer, explained the project, surveying errors, unit rates, quantities, and additional project costs. A discussion followed between Commissioner Larson, Commissioner Jennings, City Manager Jason Gage, Mayor Peck, and Mr. Stack regarding the extension of the project completion date, liquidated damages, unit rates, and installation of the traffic lights. Additional discussions then followed between Mr. Stack, Mayor Peck, Mr. Gage, Tim Miles with Wilson & Company, Commissioner Jennings, and Commissioner Angell regarding surveying, bid specifications, how the survey was conducted, survey errors, additional project costs, unit pricing, project funding, and project contingencies. Mr. Stack then responded to Commissioner Larson's question regarding the City Commissions options. ' Discussions followed with Mayor Peck, Commissioner Larson, and Mr. Stack regarding the conversion errors, survey results, and unit rates. Mr. Gage commented on the post project reviews that are conducted by the departments. Commissioner Jennings felt that job performance demands a high quality of work and the need to be completed in a timely manner. He continued to state that project timelines have been an issue in the past, vendors need to see the City of Salina as a valuable customer. Mayor Peck expressed his disappointment of the workmanship; he would like to be partners with vendors because the City does supply a substantial amount of business. 10-0329 Moved by Commissioner Jennings, seconded by Conunissioner Angell, to approve the budget overrun for Project No. 05-1528 in the anon( of $8,685.90, which includes the approval of Change Order No. 3 with APAC-KS, Inc. in the amount of $20,905.91 and to accept Wilson & Company's proposed $7,587 reirnbursenent for design errors. Aye: (3). Nay: (2) Arpke, Larson. Motion carried. (8.3) Project Open Guideline discussion. Jason Gage, City Manager, summarized the project and guidelines. Commissioner Jennings expressed his opposition of requiring existing small businesses that want to expand to be required to take the educational training; there being a few businesses that have felt insulted by the requirement. Dennis Lauver, Salina Area Chamber of Commerce Executive Director, commented on the guidelines. Phyll Klima, Salina Downtown, Inc. Executive Director, explained the education process and funding criteria. Commissioner Jennings noted he valued the educational component, but is aware of businesses that have not applied for funding because of resentment towards the mandated education. He continued to note other grant programs that require a business plan. Page 2 Mr. Lauver commented that they could review the process; however, urged the businesses that are in this situation to contact him, City Manager's Office, or SDI. Ms. Klima responded to Commissioner Larson's question regarding the reactions of w the clients that have completed the education requirement. Ms. Klima responded that they have received positive comments. N ' a A discussion followed between Ms. Klima and Mr. Gage on whether these s businesses could apply for funding through SEDIC versus Project Open. Additional 3 discussions followed between Ms. Klima, Mr. Gage, and Commissioner Jennings regarding the criteria for approval of the applications. Further discussions followed between Mayor Peck, Ms. Klima, Commissioner Jennings, Mr. Lauver, and Mr. Gage regarding project flexibility, educational requirements, development of a supplemental program for these types of businesses, approved guidelines, and criteria of approval for funding. Commissioner Jennings noted that he did not want to send the wrong message to the existing small businesses and that they need to feel that they are on the same level of importance. Commissioner Angell, Commissioner Jennings, Commissioner Larson, and Mr. Lauver discussed project flexibility, "quiz out" opportunities, and creation of additional programs. No action was taken at this time. 10-0330 Moved by Connnissioner Angell, seconded by Connnissioner Arpke, to recess into executive session for 15 minutes to discuss with legal counsel natters sit bject to the attorney-client privilege for the reason that public discussion of those natters wmdd waive the privilege and adversely affect the City's interest in the matters and reconvene at 5:35 p.nr. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:20 p.m, and reconvened at 6:17 p.m. No action was taken. 9. O'rIIER BUSINESS None. 10. ADJOURNMENT 10-0331 Moved by Commissioner Larson, seconded by Connnissioner Arpke, that the regular meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carriedre meeting adjourned at 6:17 p.nr. Aaron G. Peck, Mayor [SEAL] ATTEST: �. Lieu Ann Elsey, CMC, City Page 3