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06-04-2001 MinutesCommission Action # 01-29061 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS June 4, 2001 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session to discuss the Interlocal Agreement. 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 Kristin M. Seaton, Chairman presiding Commissioner Larry L. Mathews Commissioner Alan E. Jilka Commissioner Monte D. Shadwick comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Lieu Ann Nicola, City Clerk Commissioner Deborah P. Divine None CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The week of June 4t', 2001 as "Smoky Hill River Festival Week" in the City of Salina. The proclamation was read by Steve Thompson, Chairman of the Arts and Humanities Commission. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of May 21, 2001. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Second reading Ordinance No. 01-10033 amending Section 42-69 of the Salina Code pertaining to Communication Tower Regulations. Mayor Seaton clarified that Ordinance No. 01-10033 was passed on first reading on May 21, 2001. Since that time a Purpose section and Definitions section have been added, and no other changes have been made and no public comments have been received. Commission Action # �o�=a��aa�Eass��a 01-2901 01-2908 01-2909 01-2910 Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt Ordinance No. 01-10033 on second reading amending Section 42-69 of the Salina Code pertaining to Communication Tower Regulations. A roll call was taken. Aye: (4), Mathews, Shadwick, Jilka, Seaton. Nay: (0). Motion carried. (8.1a) Resolution No. 01-5720 establishing Planning and Development fees for services in the City of Salina. Mayor Seaton clarified that these are fees for an administrative permit and special permit. Dennis Kissinger, City Manager, clarified the permits are in relation to the communication tower ordinance. Dean Andrew, Director of Planning and Community Development, explained they attempted to be comparable to a conditional use permit application. Moved by Commissioner Mathews, seconded by Commissioner Jilka, to adopt Resolution No. 01-5720 establishing Planning and Development fees in the City of Salina. Aye: (4). Nay: (0). Motion carried. (8.2) Second reading Ordinance No. 01-10034 requesting a change in zoning district classification from R-1 (Single -Family Residential) to R-2 (Multi -Family Residential) District on property legally described as Lots 14 & 16, Block 6 in Bond's Addition (aka 724 & 728 S. Front). Mayor Seaton clarified that Ordinance No. 01-10034 was passed on first reading on May 21, 2001, and since that time no comments have been received. Moved by Commissioner Jilka, seconded by Commissioner Mathews, to adopt Ordinance No. 01-10034 on second reading requesting a change in zoning district classification from R-1 to R-2 District on property legally described as Lots 14 & 16, Block 6 in Bond's Addition (aka 724 & 728 S. Front). A roll call was taken. Aye: (4), Mathews, Shadwick, Jilka, Seaton. Nay: (0). Motion carried. (8.3) Second reading Ordinance No. 01-10036 amending the Comprehensive Plan of the City of Salina. Mayor Seaton clarified the addition to the Comprehensive Plan. Also that Ordinance No. 01-10036 was passed on first reading on May 21, 2001 and no comments have been received. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt Ordinance No. 01-10036 on second reading. A roll call was taken. Aye: (4), Mathews, Jilka, Shadwick, Seaton. Nay: (0). Motion carried. (8.4) First reading Ordinance No. 01-10038 amending Chapter 25 of the Salina Code by adding Section 25-85, pertaining to Furnishing Cigarettes or Tobacco Products to a Minor. Chief James Hill, Police Department, explained that Section 25-84 of the Salina Code prohibits purchase or possession of cigarettes and tobacco products by persons under 18 years of age. There is no provision in Salina Municipal Code prohibiting this. Currently Salina police officers must refer persons to the Saline County District Court. Ordinance No. 01-10038 would make furnishing of cigarettes or tobacco products to a minor unlawful, allowing officer to refer violators to the Salina Municipal Court. Court. Mayor Seaton questioned as to how this would impact the workload for the Municipal Chief Hill believed that it would make operations run smoother. Commissioner Mathews questioned if these cases are presently being sent to District Court, what would be the advantage of sending them to Municipal Court. Commission Action # So1=o1a,11d 01-2911 Chief Hill explained that currently persons would receive custodial arrest. Dennis Kissinger, City Manager, explained Municipal Court would allow a quicker and simpler system and fines and fees generated would be kept in City government. Commissioner Mathews questioned as to whether the additional cases would overload Municipal Court. Jason Gage, Assistant City Manager, explained that there would be some impact, but would not overload Municipal Court. Chief Hill forsaw an increase of approximately 20 — 30 cases per year. Mr. Kissinger explained there is a high level of compliance, with very small numbers. Chief Hill felt it was a positive reinforcement. Moved by Commissioner Shadwick, seconded by Commissioner Mathews, to pass Ordinance No. 01-10038 on first reading to amend Chapter 25 of the Salina Code by adding Section 25-85, pertaining to Furnishing Cigarettes or Tobacco Products to a Minor. Aye: (4). Nay: (0). Motion carried. Commissioner Mathews commented that this would include anyone that furnished a cigarette or tobacco product to a minor. Chief Hill explained that this would be included and the ordinance follows State Statues violations. (8.5) First reading Ordinance No. 01-10039 amending Chapter 25 of the Salina Code by replacing Section 25-132, pertaining to Disturbing the Peace. Chief James Hill, Police Department, explained that Section 25-132 of the Salina Municipal Code does not proved an objective standard for determining noise that is unreasonable and in violation of the section. Ordinance No. 01-10039 would set forth a standard for determining noise which is unreasonable, defines terms, and provides for a limited exemption for electronically amplified sound when authorized by city permit. Mayor Seaton questioned the last time amendments was made to Salina Code pertaining to Disturbing the Peace. Dennis Kissinger, City Manager, explained that revisions are being made in many cities in Kansas, because many measure noise in decibels. Mayor Seaton questioned if this would be a judgement call on the responding officer. Chief Hill explained this would be a judgement call for the responding officer, but gives the officer the ability to measure noise without using a decibel meter. He also clarified the latest ordinance was dated November 18, 1991. Commissioner Mathews questioned if this would include car stereos. Chief Hill explained that car stereos are outlined in section E. Mr. Kissinger explained that generally there is good compliance, but this is giving the officers a tool of being able to issue a citation for disturbing the peace. Commissioner Shadwick questioned how the current code would handle situations. Chief Hill explained that at the present time, Section 25-132 of the Salina Code is vague and unenforceable. Commission Action # 01-2912 01-2913 01-2914 Mr. Kissinger explained that with the use of administrative authority with permits for other activities, they are able to revoke permit if needed. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to pass Ordinance No. 01-10039 on first reading to amend Chapter 25 of the Salina Code by replacing Section 25-132, pertaining to Disturbing the Peace. Aye: (4). Nay: (0). Motion carried. (8.6) Resolution No. 01-5719 entering into Supplemental Agreement No. 2 for consulting engineering services for certain construction related activities involving the Water Treatment Plant Improvement Project, Phase II. Don Hoff, Director of Utilities, explained that an agreement was approved for engineering services with Wilson & Company on July 10, 2000. Supplemental Agreement No. 1 addressed a change in scope of services outlined in the original engineering agreements. As per request, Wilson & Company has submitted a supplemental agreement for construction related services and geotechnical services. Moved by Commissioner Mathews, seconded by Commissioner Shadwick, to approve Supplemental Agreement No. 2 as submitted by Wilson & Company in an amount not to exceed $300,200 for engineering services for certain construction related activities involving the Water Treatment Plant Improvement Project, Phase II. Aye: (4). Nay: (0). Motion carried. (8.7) Award of contracts for 2001 Vehicle and Equipment Plan (8.7a) Award of contract for TV Inspection Vehicle. Don Hoff, Director of Utilities, explained the bids that were received on May 15, 2001. He also explained the difficulties City Staff was facing with the low bidder, level of confidence in their ability to furnish the type of vehicle/equipment specified, and evaluating other factors for award of contract. Commissioner Jilka asked Staff to expand on what difficulties were faced when trying to obtain information. Mr. Hoff explained that the vendor could not supply information on the type of camera, trucks, turn around time, etc. Mayor Seaton questioned if the two highest bids were acceptable. Mr. Hoff explained that the two highest bids submitted were acceptable. He also noted the factor interchangeability of spare parts as a key factor of accepting the next lowest bid. Mayor Seaton questioned the City's policy for accepting bids. Mr. Kissinger clarified that the City accepts the lowest and best bid. It is a judgement of overall value and obligating on the cash bid price. Commissioner Mathews questioned if the City had any legal obligation of accepting the low bid, but the best bid. Greg Bengtson, City Attorney, stated that it was acceptable because the City Commission was looking at all the factors and not only the cash price. Moved by Commissioner Mathews, seconded by Commissioner Jilka, to award the contract to Cues in the amount of $99,400 for a Workhorse (Model CP31842) TV Inspection Vehicle. Aye: (4). Nay: (0). Motion carried. (8.7b)Award of contract for Police Patrol Vehicle. Chief James Hill, Police Department, explained that unit #921 was scheduled for replacement in 2002, but recently sustained heavy damage in an accident. The City's insurer determined the vehicle to be a total loss and has reimbursed the City in the amount of $12,678. Long Commission Action # U�,, ded 1,�� 01-2915 01-2916 01-2917 01-2918 McArthur Ford has agreed to order a 2001 Ford Crown Victoria police package vehicle at the same bid amount of $23,430, with same equipment as specified in their January 2001 winning bid. Chief Hill continued to explain that funding would come from the Risk Management Fund in the amount of the reimbursement and be added to the amended Vehicle and Equipment plan, which the remaining amount would be taken from the General Fund. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to award the contract to Long McArthur Ford for a Police Patrol Vehicle in the amount of $23,430. Aye: (4). Nay: (0). Motion carried. (8.8) Award of contracts for Friendship Center repairs. (8.8a) Award of contract for Friendship Center roof replacement, Project No. 01-1296 to Ponton's Construction in the amount of $10,995. Steve Snyder, Parks and Recreation Director, explained that repairs to the roof have been made over the years, but the overall condition of the wood shakes has deteriorated. City Staff's cost estimate for the replacement of the roof was $12,000. Sealed bids for the project were opened on May 29, 2001 with one bid received. Commissioner Shadwick questioned if Friendship Center was a flat roof and if they were removing the shingles and redoing the pitch. Mr. Snyder explained that the Center is a steep roof and they will not redo the pitch. Commissioner Shadwick questioned if there were any other bids received. Mr. Snyder clarified that there was only one bid received. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to award the contract for Friendship Center roof replacement, Project No. 01-1296 to Ponton's Construction in the amount of $10,995. Aye: (4). Nay: (0). Motion carried. (8.8b)Award of contract for Friendship Center siding replacement, Project No. 01-1297 to Ponton's Construction in the amount of $22,812. Steve Snyder, Parks and Recreation Director, explained the siding of the Friendship Center has shown signs of rotting and other deterioration. Staff's cost estimate for the project is $19,000. Sealed bids for the project were opened on May 29, 2001 and one bid was received. The specifications for the project were changed from the budget estimate by adding a moisture barrier to help preserve the siding. He presented the City Commission with two options. Dennis Kissinger, City Manager, noted that by utilizing Option 2 the bid already submitted would be exposed to the contractor's bid and is put in the position of being undercut by another vendor. Moved by Commissioner Mathews, seconded by Commissioner Jilka, to award the contract for Friendship Center siding replacement, Project No. 01-1297 to Ponton's Construction in the amount of $22,812. Aye: (4). Nay: (0). Motion carried. (8.9) Award of contract for Project No. 01-1295 Unloading Dock to Wilbur Construction Company in the amount of $35,475. Don Hoff, Director of Utilities, explained the project and bids received. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to award the contract for Project No. 01-1295 Unloading Dock to Wilbur Construction in the amount of $35,475. Aye: (4). Nay: (0). Motion carried. Commission Action # 01-291 01-2920 01-2921 01-2922 (8.10) Approval of Change Order No. 1, Underground Cable Installation, Project No. 00-1218. Don Hoff, Director of Utilities, explained a contract was awarded to TBS Construction, Inc. on April 3, 2000 to install underground cable to remote -read water meters. The contractor will be finishing in the next couple of weeks. The project will be completed in a timely manner and quality of installation has been high. City Staff has approved the contractor to determine if they would agree to perform the 2001 Underground Installation Project, involving another 1,200 addresses at their 2000 contract unit price. They have accepted this proposal and would be able to begin June 5, 2001. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve Change Order No. 1, Project No. 00-1218 authorizing TBS Construction, Inc. to install the underground cable to remote approximately 1,200 additional water meters in the amount of $122,500. Aye: (4). Nay: (0). Motion carried. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, that the City Commission recess into executive session for fifteen (15) minutes to discuss with the City Attorney a matter subject to the attorney-client privilege for the reason that public discussion of the matter would waive that privilege and adversely affect the City's interests in the matter; and reconvene in this room at 5:13 p.m. Aye: (4). Nay: (0). Motion carried. The City Commission recessed into executive session at 4:58 p.m. and reconvened at 5:13 p.m. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, that the City Commission reconvene into the current executive session for twenty-five (25) additional minutes. Aye: (4). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:13 p.m. and reconvened at 5:38 p.m. No action was taken. OTHER BUSINESS (9.1) Mayor Seaton noted on June 11, 2001, there will be a "Development Tour" as Study Session at 3:00 p.m., but no formal commission meeting. ADJOURNMENT Moved by Commissioner Shadwick, 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 5:38 p.m. [SEAL] ATTEST: Lieu Ann Nicola, City Clerk Larry L. Mathews, Vice Mayor