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07-23-2001 MinutesCommission Action # 01-2970 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS July 23, 2001 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session to discuss the Third Budget Study Session. 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 Deborah P. Divine Commissioner Alan E. Jilka Commissioner Monte D. Shadwick comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dermis M. Kissinger, City Manager Lieu Ann Nicola, City Clerk None CITIZEN FORUM Rhea Brunner, 723 Faith Drive, expressed her gratitude towards the new traffic signals that were placed at Ninth and Iron. She also was curious on the plans for the vacant lot located east of the alley behind 104 N. Santa Fe. Shawn O'Leary, Director of Engineering and General Services, explained that there are plans for a parking lot and would be explained later in the Commission meeting. AWARDS - PROCLAMATIONS None PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the minutes of July 16, 2001. (6.2) Resolution No. 01-5735 authorizing a Special Warranty Deed conveying title to the facility to Fe1Cor Omaha Hotel Company, L.L.C. Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #ZO1-9, filed by Jay & Nicole Betz, requesting a change in zoning district classification from R-1 (Single -Family Residential) to R-2 (Multi -Family Residential) to allow the construction of a duplex on property legally described as the West 65 feet of the South 93 feet of the East 200 feet of Lot 25 in Surveyor's Plat "G" also known as 1025 Johnstown Avenue. Dean Andrew, Director of Planning and Community Development, explained the application. He also explained the Planning Commission's recommendation and noted that there were some concerns regarding the congestion caused by the on -street parking on Johnstown and if a duplex was to be built, the owners would need to provide off-street parking. Commission Action # CoI dS,ire -. 01-2971 01-2972 01-2973 O 1-2974 Commissioner Mathews questioned that the applicant would be able to provide sufficient off-street parking. Mr. Andrew clarified that the applicant submitted a site plan showing that off-street parking would fit on their site. Commissioner Shadwick questioned the City's policy for sidewalks that are close to schools. Mr. Andrew clarified that the policy mainly deals with arterial streets and this would be a similar situation to the Heusner School area in ordering in sidewalks or working with property owners in creating a benefit district. Commissioner Shadwick questioned if a petition could be initiated by citizens and not necessarily be initiated by the City. Mr. Andrew explained that citizens could initiate a petition but would need fifty percent of property owners. (7.1a) First reading Ordinance Number 01-10049. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve Application #ZO1-9 and pass Ordinance No. 01-10049 on first reading requesting a change in zoning district classification from R-1 to R-2 on property legally described as the West 65 feet of the South 93 feet of the East 200 feet of Lot 25 in Surveyor's Plat "G". Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 01-10048 amending Chapter 8, Article VI, of the Salina Code adopting the 1997 Uniform Plumbing Code and local amendments. Mayor Seaton clarified that Ordinance No. 01-10048 was passed on first reading on July 16, 2001 and since that time no comments have been received. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt Ordinance No. 01-10048 on second reading. A roll call was taken. Aye: (5) Shadwick, Jilka, Divine, Mathews, Seaton. Nay: (0). Motion carried. (8.2) Receive and review the 2000 Audit Report from representative of Agler and Gaeddert, Chartered. Rodney Franz, Director of Finance and Administration, explained that Agler and Gaeddert have given an unqualified or "clean" opinion, meaning that the financial statements were presented fairly and in conformance to Generally Accepted Accounting Principles and no non-compliance with Kansas Statutes were noted. Keith Gaeddert, Agler and Gaeddert, Chartered, explained the audit report. Moved by Commissioner Divine, seconded by Commissioner Mathews, to accept the 2000 Audit Report. Aye: (5). Nay: (0). Motion carried. (8.3) Approval of the notice of hearing for the consideration of the 2002 budget, setting August 13, 2001, 4:00 p.m. as the date and time for the public hearing. Rodney Franz, Director of Finance and Administration, explained the notice. Moved by Commissioner Shadwick, seconded by Commissioner Divine, approve the Notice of Hearing for the consideration of the 2002 budget. Aye: (5). Nay: (0). Motion carried. (8.4) Resolution No. 01-5734 authorizing an engineering agreement with Bucher, Willis & Ratliff Corporation for the South Fourth Street Improvements. Commission Action # -- 01-2975 Commissioner Divine excused herself from the meeting due to conflict of interest. Shawn O'Leary, Director of Engineering and General Services, explained the project and the agreement. Dennis Kissinger, City Manager, explained that the goal is to work with USD #305 to create a new detention to take care of the new construction area and the existing drainage problem. The end result being less water getting to the Fourth Street area. Don Herl, 1944 S. Fourth, expressed his concerns regarding the water drainage on Fourth Street and questioned the possibility of placing sidewalks. Mr. Kissinger explained that at the neighborhood meetings they could discuss the possibility of installing sidewalks. Mr. O'Leary explained that on every school project that sidewalks are being added and believed that some were being added in this project on the school district's part. Mayor Seaton questioned on how neighbors will be notified about the meetings to learn more about the project. Mr. O'Leary explained that invitations would be sent out to the property owners in the area. Mr. Kissinger explained that the property owners pay for the sidewalks, and the City would be willing to work with property owners when they were ready. Commissioner Mathews commented on the drainage problems when he first moved to Salina. Moved by Commissioner Mathews, seconded by Commissioner Shadwick, to approve Resolution No. 01-5734 authorizing an engineering agreement with Bucher, Willis & Ratliff Corporation in an amount not to exceed $49,004.37. Aye: (4). Nay: (0). Abstained (1). Motion carried. Commissioner Divine returned to the meeting. (8.5) Approval of Change Order #3 on the 2000 Concrete Pavement/Curb and Gutter Improvements, Project No. 00-1263, with Wilbur Construction Company. Shawn O'Leary, Director of Engineering and General Services, explained the change order. Commissioner Shadwick questioned if it was less expensive to do the change order than soliciting new bids. Mr. O'Leary felt that in this case the unit price would be less expensive than it would have been bidded. He also noted the quality of the contractor's work. Commissioner Shadwick commented that this is a project that needed to be done and questioned on how much of Marymount this project would cover. Mr. O'Leary clarified that it would be 120 feet. Commissioner Shadwick questioned as to why this contractor did not bid on future projects that would be discussed later in the meeting. Mr. O'Leary suspected that the contractor is busy with other private construction projects. O1-2976 Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to approve Change Order No. 3 on the 2000 Concrete Pavement/Curb and Gutter Improvements, Project No. 00-1263, with Wilbur Construction Company in the amount of $42,888.90. Aye: (5). Nay: (0). Motion carried. Commission Action # so��aaAsxi�+e Dennis Kissinger, City Manager, commented that this project was made possible by the action the Commission took earlier in the year in authorizing an additional $200,000 out of the Gas Tax fund to address some of the severe problems encountered since the winter months. (8.6) Award of contract for the 2001 Street Maintenance, Project No. 01-1278. Shawn O'Leary, Director of Engineering and General Services, explained the project and the bids received. 01-2977 Moved by Commissioner Divine, seconded by Commissioner Jilka, to award the contract for the 2001 Street Maintenance, Project No. 01-1278 to APAC-Kansas, Inc., Shears Division in the amount of $212,628.01. Aye: (5). Nay: (0). Motion carried. (8.7) Award of contract for the Downtown Parking Lot Improvements, Project No. 01-1305. Shawn O'Leary, Director of Engineering and General Services, explained the project and the bids received. Commissioner Shadwick questioned on the number of asphalt public parking lots downtown. Mr. O'Leary explained that majority of the downtown parking lots were specified in concrete materials. Dennis Kissinger, City Manager, explained that the parking lot at Memorial Hall was asphalt. He also explained that the City received very good bids on the asphalt and there would be some additional cost due to landscaping, etc. Mr. O'Leary explained that there are no landscaping requirements, but would be included and will be provided by the Parks and Recreation Department. 01-2978 Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to award the contract for the Downtown Parking Lot Improvements, Project No. 01-1305, to APAC-Kansas, Inc., Shears Division in the amount of $44,225.40 (asphalt). Aye: (5). Nay: (0). Motion carried. (8.8) Award of contract for the Magnolia Road/I-135 Storm Drainage Improvements, Project No. 01-1301. Shawn O'Leary, Director of Engineering and General Services, explained the project and the bids received. Commissioner Mathews questioned on what happened to the water that is on the other side of the flap gate. Mr. O'Leary explained that the flap gate would allow the water to go out, but not return. The downstream system would be holding the excess water until it could be discharged. Commissioner Mathews questioned the affect on the homes located in this area. Mr. O'Leary felt that they would be well served. 01-2979 Moved by Commissioner Mathews, seconded by Commissioner Divine, to award the contract for the Magnolia Road/I-135 Storm Drainage Improvements, Project No. 01-1301 to REFCO, LLC in the amount of $59,544.00. Aye: (5). Nay: (0). Motion carried. (8.9) Award of contract for the Gypsum Hill Cemetery Hillcrest Mausoleum roof replacement, Project No. 01-1308. Steve Snyder, Parks and Recreation Director, explained the project and the bid received. 01-2980 Moved by Commissioner Divine, seconded by Commissioner Jilka, to award the contract for the Gypsum Hill Cemetery Hillcrest Mausoleum roof replacement, Project No. 01-1308 to Midwest Siding, Inc. in the amount of $33,825. Aye: (5). Nay: (0). Motion carried. Commission Action # 01-2981 (8.10) Amend the Wastewater Division's C.I.P. budget and authorize the rehabilitation work of the five odor/corrosion control units. Don Hoff, Director of Utilities explained what the rehabilitation work involved. He also explained that they requested bids from several contractors to perform the work, the low quote of $29,900 coming from Smoky Hill, L.L.C. Also he proposed to purchase the carbon and certain j supporting devices directly from Calgon for a negotiated price of $145,000. Commissioner Mathews questioned if there was much negotiating since Calgon was the only source. Mr. Hoff explained that there was some negotiating and the other alternative is to use the old style of carbon. Mr. Hoff also explained the hazards. Commissioner Divine questioned on the process of disposing old carbon. Mr. Hoff explained that it would need to be neutralized and taken to the landfill. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to amend the Wastewater Division's C.I.P. budget and authorize the rehabilitation work of the five odor/corrosion control units. Aye: (5). Nay: (0). Motion carried. (8.11) Request from A -Plus Galvanizing, Inc. for a 90 day time extension to complete the project. Dean Andrew, Director of Planning and Community Development, explained the original grant agreement, the status of the project, and the request from A -Plus Galvanizing. He also noted that a grant extension form would need to be filled out and sent in to the Kansas Department of Commerce and Housing for the final decision on the extension. Commissioner Mathews questioned the City's role in granting the extension. Mr. Andrew explained if granting the extension City Staff would continue to be involved in monitoring the program and felt that it would be in the best interest of the City and the company to not have to keep reporting to the City and to get the project closed out. Dennis Kissinger, City Manager, expressed City Staff's fi-ustrations with the request and other issues concerning the project. Commissioner Divine questioned if there was a strategy in place for completing the project in 90 days. Mr. Andrew felt the state would be asking for more details than what was provided in the letter requesting an extension that was submitted to the City from A -Plus Galvanizing. Ken Wasserman, Attorney, expressed company's frustration in trying to find full time employees and would make every effort to become more involved to the extent that his client would allow. Commissioner Divine questioned if A -Plus Galvanizing had a plan to complete the project in 90 days. Mr. Wasserman explained that the issues that were referred to by Mr. Kissinger would be relatively simple to resolve. As for the employment situation, he felt that the temporary agency now had a better understanding of what type of employees the company is seeking. Commissioner Divine commented that she believed that the City is responsive in encouraging the creation of job opportunities throughout the community. Mr. Wasserman commented that the extent that his client allows, he would be active in the process of completing the project. Commissioner Shadwick questioned when the letter needed to be done. Commission Action # ul�iazId aOrl 01-2983 01-298 01-2985 Mr. Andrew explained that the current extension would end July 31, 2001 and he would work with Mr. Wasserman and A -Plus Galvanizing in sending a letter requesting an extension and what the plans are for completing the project. Commissioner Shadwick commented that he would like to see a list of problems that were outstanding. Mr. Kissinger explained that City Staff would like to have Commission's support while trying to work out these unresolved issues with the company on getting the project closed out and the other issues resolved. Commissioner Shadwick questioned if there should be a commitment in writing before sending the letter to the State. Mr. Kissinger explained they would like to send a message back to the company and have more personal incorporate commitments with the company. extension. Commissioner Shadwick questioned if the State could turn down the request for the Mr. Kissinger clarified that the State has the final decision. Commissioner Divine questioned if we could delay this action until next Monday. Mayor Seaton clarified that there would be no meeting next Monday. Mr. Kissinger explained that the Commission could allow City Staff to provide follow-up reports on the accomplishments. Moved by Commissioner Divine, seconded by Commissioner Shadwick, to approve the 90 day time extension with the provision to direct City Staff to work with A -Plus Galvanizing, Inc. to complete the project. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Resolution No. 01-5736 setting the date of public hearing on the Marymount Road Project special assessments improvement district. Shawn O'Leary, Director of Engineering and General Services, explained that due to an error by the Salina Journal in failing to publish the second notice of the original public hearing, it had been determined that the process must be completely repeated in order to comply with state statutes. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to approve Resolution No. 01-5736 setting August 6, 2001 as the date for the public hearing on the Marymount Road special assessment improvement district. Aye: (5). Nay: (0). Motion carried. 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 5:21 p.m. [SEAL] ATTEST: Lieu Ann Nicola, City Clerk Istin M. Sea on, Mayor