09-16-1996 MinutesAction
96-737
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
SEPTEMBER 16, 1996
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, September 16, 1996, at 4:00
p.m.
There were present:
Mayor Evelyn Maxwell, Chairman presiding
Commissioner R. Abner Perney
Commissioner John Divine
Commissioner Peter F. Brungardt
Commissioner Kristin M. Seaton
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Judy D. Long, City Clerk
None.
CITIZEN FORUM
(3.1) The Mayor informed the citizenry that if they are paying for flood
insurance they will want an update of the 1986 FEMA Map available from the
City Staff. She also explained that on September 24, 1996 the Corps of
Engineers is to review the levee system and that it does not cover flood
conditions inside the City. In conclusion, she advised that on September 24,
1996 and October 14, 1996 the City Commission Study Sessions will pertain to
the flooding and will be held at 2:30 p.m. here at the City/County Building.
AWARDS - PROCLAMATIONS
(4.1) The Week of September 16th, 1996 as "PRISONER OF WAR/MISSING IN
ACTION (POW/MIA) NATIONAL RECOGNITION WEEK" in the city of Salina.
The proclamation was read by Mayor Maxwell and Merlin G. Stephens,
Vice -President, of the Salina Area POW Awareness Group spoke regarding
related activities.
(4.2) The
Week
of September 17th through 23rd,
1996 as "CONSTITUTION
WEEK", in the
city
of Salina. The proclamation was read by Evelyn Amend,
Constitution Week
Co -Chair for the Daughters of
the American Revolution.
She indicated
that
at 3:00 p.m. September 17,
1996 bells will be rung
throughout the
city
to commemorate the signing of the
Constitution.
(4.3) The Mayor presented plaques of appreciation to past Board and
Commission members.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing and report on Petition Number 4125 requesting vacation
of a utility easement on Lot 6, Block 14, Georgetown Addition.
Mayor Maxwell called the public hearing to order.
Shawn O'Leary, Assistant Director of Engineering and Utilities, gave
a report on the petition. In summary, the utility company opposes the
vacation unless the petitioner pays for the relocation costs and the petitioner is
not interested in doing do.
There being no other comments, the Mayor declared the Public
Hearing closed.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to deny the petition. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of the regular meeting of September 9, 1996.
Action
96-738
— 96-739
96-740
96-741
(6.2) Approve the Bicentennial Center multipurpose patio construction,
Project Number 96-981, and set the date to receive bids.
(6.3) Approve the Underground Cable Installation Project Number 96-979
and authorize staff to set a date to receive bids.
(6.4) Change Order Number 2 for the City -County Building Improvements,
Project Number 96-963 in the amount of $10,566.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to approve all items on the consent agenda.
Mayor Maxwell requested amending item 6.1, the Minutes of the
Regular Meeting of September 9, 1996 item 7.1a to include remarks made by
Roy Dudark, Director of Planning and Community Development: "Mr. Dudark
also stated, many private streets exceed the proposed standard and citizens in
some other areas have complained about inadequacies of their private streets for
parking. "
Commissioner Perney requested that item 6.2 be considered
separately.
The Mayor called a vote to the motion on the floor amending the
Minutes of September 9, 1996 and considering item 6.2 separately. Aye: (5) .
Nay: (0) . Motion carried.
Commissioner Perney asked which version was going out for bids.
Keith Rawlings, Bicentennial Center Director, explained the option
which was being bid; no fence, but with brick pillars with removable panels, no
roof is speced but it is included as an alternate.
Commissioner Perney noted he had received negative comments and
would vote against encouraging smokers with public funds.
The Mayor spoke in favor of the project.
Moved by Commissioner Brungardt, seconded by Commissioner
Divine, to approve the Bicentennial Center multipurpose patio construction and
set the date to receive bids. Aye: (4) . Nay: (1) , Perney. Motion carried.
None.
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Second reading Ordinance Number 96-9760 providing for the
amendment of Section 36-74 of the Salina Code regarding design standards for
private streets.
Judy Long noted that no further comments have been received.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to adopt Ordinance Number 96-9760 on second reading. A roll call
vote was taken. Aye: (5), Perney, Seaton, Divine, Brungardt, Maxwell.
Nay: (0). Motion carried.
(8.2) Second reading Ordinance Number 96-9761 providing for the
relocation of the platted thirty foot break in restricted access on Belmont
Boulevard.
Judy Long noted that no further comments have been received.
Moved by Commissioner Brungardt, seconded by Commissioner Perney,
to adopt Ordinance Number 96-9761 on second reading.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained housekeeping changes have been made since the first reading of this
ordinance for clarification.
A roll call vote was taken. Aye: (5), Perney, Seaton, Divine,
Brungardt, Maxwell. Nay: (0) . Motion carried.
Action
96-742
96-743
96-744
(8.3) Resolution Number 96-5069 authorizing the Mayor to execute an
agreement with Camp, Dresser and McKee for consulting services to provide a
Waste Characterization Study.
Dennis Kissinger explained the state required the Waste
Characterization Study as a part of the Solid Waste Plan. He expects 60% of
funding from the state and noted the city would have been eligible for a
$60,000 grant to establish the plan but did not apply. He feels professional
expertise is now needed indicating the city has a good handle on residential
waste but not for the commercial sector.
Commissioner Perney spoke in support of reducing costs and asked if
other proposals were received.
Mr. Kissinger responded that other proposals were received but they
were not priced.
Commissioner Perney noted that this firm was used to establish the
need for extensive land cell use and this would be in their interest to support
the need for a new cell every 3 years. He also noted that this seems very
expensive for the work to be done and that he would like to see a more
economical approach taken.
Mr. Kissinger spoke in support of this agreement restating that the
makeup of the commercial waste is unknown nor is what is being recycled
known.
Commissioner Perney restated his concern that no competing
proposals were taken.
Mr. Kissinger clarified that other firms were asked how they would
propose to undertake the study and asked for their experience. The best
concepts and practical experience were sought and then asked for a price
proposal. In support of the agreement he spoke of confidence in this firm and
that they have a good reputation.
Commissioner Brungardt spoke in support of the agreement and
moved to approve Resolution Number 96-5069, seconded by Commissioner Seaton.
Commissioner Divine spoke in support of the action regarding the
EPA and the liability for potential oversight. He felt that money would be
saved by doing it right the first time.
Mayor Maxwell spoke in support concerning local entrepreneurs and
the information gathered for venture grants.
Mr. Kissinger noted that the committee involved did support the
method selected for the study but did not select the firm. He clarified that
this is not a lead-in contract and that it can be concluded at Commission
discretion. He acknowledged that the study can be done cheaper but that this
is a case of getting what is paid for and clarified that we can guess today but
do not know. He added that this study is in addition to other methods being
implemented.
A vote was called to the motion on the floor. Aye: (4) . Nay: (1) ,
Perney. Motion carried.
Moved by Commissioner Seaton, seconded by Commissioner Divine, to
authorize staff to apply for a grant of 60% of the cost. Aye: (5) . Nay: (0) .
Motion carried.
(8.4) Award of contract for the Crawford Street/Marymount Road
Intersection Improvements, Project Number 96-969.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the project and the bids received September 10, 1996. He noted
that the bid includes everything except the marking of the pavement.
Moved by Commissioner Divine, seconded by Commissioner Perney, to
award the contract for the Crawford Street/Marymount Road Intersection
Improvements, Project Number 96-969, to B & W Electrical Contractors, Inc.,
in the amount of $82,800. Aye: (5) . Nay: (0) . Motion carried.
Action
96-745
96-746
96-747
OTHER BUSINESS
(9.1) The Mayor noted her mother and father were present at this
commission meeting and thanked them for attending.
(9.2) Moved by Commissioner Seaton, seconded by Commissioner Perney,
that the City Commission recess into executive session for the purpose of
discussing with the City Attorney a matter subject to the attorney-client
privilege, specifically, a matter pertaining to the City's Sign Ordinance, for the
reason that public discussion of the matter would waive the attorney-client
privilege and would adversely affect the City's position in the matter; and
reconvene in this room in 15 minutes or at 5:17 p.m. Aye: (5). Nay: (0).
Motion carried.
The Board of Commissioners recessed at 5:02 p.m. and reconvened
at 5:17 p.m.
Moved by Commissioner Brungardt, seconded by Commissioner
Divine, that the City Commission send a letter to the Board of Zoning Appeals
expressing concern about a recent variance granted to Salina Truck Center.
Aye: (5) . Nay: (0) . Motion carried.
ADJOURNMENT
Moved by Commissioner Seaton, seconded by Commissioner Perney,
that the Regular Meeting of the Board of Commissioners be adjourned.
Aye: (5) . Nay: (0) . Motion carried. The meeting adjourned at 5:18 p.m.
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vel Maxwell, Mayor
[ SEAL]
ATTEST:
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4_�Aity CMC Clerk