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04-07-1997 MinutesAction CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS APRIL 7, 1997 4:00 p.m. The Regular Meeting of the Board of Commissioners was called p.m. in the Commission Meeting Room, City -County Building, 7, 1997. The Pledge of Allegiance and a moment of silence the roll call. 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. None. CITIZEN FORUM AWARDS - PROCLAMATIONS to order at 4:00 on Monday, April were followed by (4.1) The Month of April, 1997, as "FAIR HOUSING MONTH" in the City of Salina. The proclamation was read by Jan Mendell, Chairperson of the Human Relations Commission. (4.2) The Week of April 13 - 19, 1997 as "NATIONAL LIBRARY WEEK" in the City of Salina. The proclamation was read by Beverlee Kissick, Director of Libraries and Media Services, KSU - Salina. (4.3) The Mayor presented a Key to the City to the First Presbyterian Church represented by Elaine Edwards, Randall Hardy, Mary Ellen Evans and Reverend Tom Reid. The Reverend Reid accepted the Key and thanked the Mayor for the award. (4.4) The Mayor presented a Key to the City to Salina Habitat for Humanity represented by Kay Crawford, Randall Hardy and Commissioner Abner Perney. . (4.5) Recognition of Tree City U.S.A. Award . Steve Blue, Director of the Salina Tree Advisory Board, explained the Tree City U.S.A. award process and introduced Marilyn Holgerson and Dan Fiorillo, members of the Salina Tree Advisory Board. (4.6) Mayor Maxwell announced that the South Ninth Street Corridor Steering Committee asked for a representative of the City Commission in their membership. Commissioner Kristin Seaton was selected this evening as that representative. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on Petition Number 4136 requesting the vacation of the public utility easement in Block 5, Georgetown Addition. (5.1a) First reading Ordinance Number 97-9799. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the vacation request. Mayor Maxwell called the public hearing to order. ommis°sion Action There being no other comments the Mayor declared the public hearing closed. 97-997 Moved by Commissioner Brungardt, seconded by Commissioner Divine, to approve Ordinance Number 97-9799 on first reading. Aye: (5). Nay: (0) . Motion carried. CONSENT AGENDA (6.1) Approve the minutes of the regular meeting of March 17, 1997. (6.2) Resolution Number 97-5138 documenting and establishing the purchasing policy of the City of Salina. (6.3) Approve the Magnolia Road Improvements, Project Number 97-998, and authorize staff to establish a bid date. 97-998 Moved by Commissioner Seaton, seconded by Commissioner Perney, to approve all items on the consent agenda. Aye: (5) . Nay: (0) . Motion carried. DEVELOPMENT BUSINESS None. ADMINISTRATION (8.1) Second reading Ordinance Number 97-9796 requesting a change in zoning at 310-314 S. Clark Street from R-2 to C-3. Judy Long, City Clerk, confirmed no comments have been received. 97-999 Moved by Commissioner Divine, seconded by Commissioner Brungardt, to adopt Ordinance Number 97-9796 on second reading. A roll call vote was taken. Aye: (5) Brungardt, Divine, Perney, Seaton, Maxwell. Nay: (0) . Motion carried. (8.2) First reading Ordinance Number 97-9797 authorizing the issuance and delivery of $1,650,000 principal amount General Obligation Internal Improvement Bonds, Series 1997-A. (8.2a) Resolution Number 97-5137 prescribing form and detail of and authorizing the delivery of $1,650,000 principal amount of General Obligation Bonds. Rod Franz, Director of Finance and Administration, explained the bonds which will be used to finance Project Number 95-938, subdivision improvements, and Project Number 97-1030 the Concrete Cart Paths at the Municipal Golf Course. Roger Edgar, George K. Baum and Associates, spoke regarding the City's bond rating, noting that the City's debt was well below average. In response to Commission inquiry he explained that the rating process is very subjective. 97-1000 Moved by Commissioner Divine, seconded by Commissioner Perney, to approve Ordinance Number 97-9797 on first reading. Aye: (5). Nay: (0). Motion carried. 97-1001 Moved by Commissioner Seaton, seconded by Commissioner Divine, to award the bid to Commerce Bank, the lowest and best bidder at the rate of 4.85997%. Aye: (5). Nay: (0). Motion carried. 97-1002 Moved by Commissioner Perney, seconded by Commissioner Seaton, to adopt Resolution Number 97-5137. Aye: (5) . Nay: (0) . Motion carried. (8.3) First reading Ordinance Number 97-9798 amending Chapter 28 of the Salina Code establishing licensing procedures and regulation of door-to-door peddlers and solicitors. Dennis Kissinger, City Manager, referred to a Study Session of several weeks ago that identified this change as having been directed by the City Commission. He explained the two methods used as being first the prohibitive method and secondly the regulatory method. He clarified that the Action 97-1003 97-1004 97-1005 prohibitive method previously used has become harder to legally defend and with a recent legal case the City Attorney has advised the modification. The proposed code change will require a license for door-to-door sales; juvenile sales will be addressed as group sales with a sponsoring organization. Citizen privacy will be transferred to individual property owners who can post a "No Soliciting" notice at their main entrance. He responded to Commission concerns regarding badges to be issued by the City Clerk's Office as not giving the impression that an indepth screening has taken place. A discussion concerning Ice Cream Vendors ensued with concerns regarding liability for health standards. Mr. Kissinger stated this will be discussed before the second reading. He noted that staff will also discuss the size of the sign for no solicitation and clarified that youths will not wear badges. Moved by Commissioner Divine, seconded by Commissioner Seaton, to approve Ordinance Number 97-9798 on first reading. Guy Reinholdt, citizen, asked what the penalties were for violations of the code. Greg Bengtson, City Attorney, explained the General Penalty of up to $500 and imprisonment upup to 6 months and Mr. Kissinger noted that the City Clerk's packet will describe the penalties for violations. A vote was called to the motion on the floor. Aye: (5) . Nay: (0) . Motion carried. (8.4) Resolution Number 97-5136 authorizing the Mayor to execute interlocal agreements with Ellsworth, Lincoln and Ottawa Counties for solid waste disposal. Frank Weinhold, Director of General Services, explained the proposed interlocal agreements based on the 1993 policy resolution on acceptance of out -of -county solid waste at the City's landfill. Moved by Commissioner Perney, seconded by Commissioner Seaton, to adopt Resolution Number 97-5136. Aye: (5). Nay: (0). Motion carried. (8.5) Resolution Number 97-5141 authorizing the Mayor to sign a contract with Insituform Plains, Inc. to rehabilitate a sanitary sewer pipeline, Project Number 97-1046, in the amount of $62,375. Commissioner Seaton stated that she will be abstaining from discussion and vote on this issue due to an appearance of conflict of interest. Don Hoff, Director of Engineering and Utilities, explained the rehabilitation project and the selection of the sole source vendor. A discussion followed regarding the original agreement with Mowery Clinic that this upgrade was not to cost the City. Mr. Hoff explained that he is not comfortable with the rehabilitation without the City's involvement and does not believe the Commission will be setting a precedent. Dennis Kissinger, City Manager, clarified that the City is expanding the repair to protect itself, as the City did previously allow the construction over the utility easement. Mr. Hoff explained that the rehabilitation will prolong the life of this line an possibly up to 50 years. He explained replacement costs compared to this rehabilitation, referring to an agreement with Mowery Clinic who will pay a similar amount in the future if other building activity occurs in the utility easement between the two Mowery facilities. Moved by Commissioner Brungardt, seconded by Commissioner Perney, to adopt Resolution Number 97-5141. Aye: (4) . Nay: (0) . Abstain: (1) , Seaton. Motion carried. (8.6) Resolution Number 97-5140 authorizing the Mayor to execute a contract for the purchase of real estate necessary in constructing a Fire Department training facility, Project Number 97-1031. Greg Bengtson, City Attorney, explained the contract and purchase price of $92,000 for this real estate purchase of 4 lots in lieu of the planned condemnation proceedings. Action 97-100E 97-1 Moved by Commissioner Perney, seconded by Commissioner Seaton, to adopt Resolution Number 97-5140. Aye: (5) . Nay: (0) . Motion carried. (8.7) Resolution Number 97-5139 authorizing the Mayor to enter into agreements for three major storm drainage feasibility reports, Projects Numbered 97-1043, 97-1044 and 97-1045. Commissioner Divine stated he will be abstaining from discussion and vote on this issue due to an appearance of conflict of interest. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the engineering agreements and the process used to select the best engineering firms for the City's request for proposals noting that a staff committee interviewed then negotiated with each firm. He then explained the contracts for each area identified as Basins. Wilson and Company was selected for Basin Number 1 as this firm did a 1978 study which they will update and revise for current solutions. Bucher, Willis, and Ratliff were chosen for Basin Number 2 as they have experience with this basin having done a similar study in 1993 on Ninth Street and Claflin. Kaw Valley Engineering was selected for Basin Number 3 as this is an undeveloped area brought to staff's attention by the ADM building in 1996, as KAW Valley is experienced with development. Dennis Kissinger, City Manager, clarified that the studies are needed regarding problems in these areas to gather information for the Commission to base future decisions. In response to Mayor Maxwell's inquiry, Ron Chandler, Wilson and Company, explained the pricing systems regarding fixed fees used in the agreements noting that they can cover normal costs of doing business. The Mayor acknowledged the firm's need to make a profit and asked that costs be kept down. Mr. O'Leary noted that each firm will take into consideration storm events for the basins. Guy Reinholdt, citizen, spoke regarding Basin Number 1, asking how many studies have been done since the mid -1970's; how much of the Wilson and Company study is the same as what the City paid for in the 1970's; and what makes it different now. Mr. Kissinger explained that development has grown in the area so the firm will not be able to just make copies. He noted, however, that the price was lower due to the data already gathered. He clarified that engineering and drainage has changed in the last twenty years. In response to Mr. Reinholdt's concern of if the new developments didn't have to consider drainage, the Mayor noted the City has standards but maybe they need improved. Commissioner Brungardt noted that the new developments haven't made the flooding worse but we need to see how they fit with the older areas. Mr. Chandler agreed that many things have changed in the area since the previous study. Glenn Knak, Bucher, Willis and Ratliff, noted that Basin Number 2 has not been previously studied. Moved by Commissioner Seaton, seconded by Commissioner Perney, to adopt Resolution Number 97-5139. Aye: (4). Nay: (0). Abstain: (1), Divine. Motion carried. (8.8) Approve the 1997 Storm Drainage Improvements, Project Number 97-1001, and authorize staff to establish the bid date. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the ten neighborhood drainage improvement projects and the areas of concern. Dennis Kissinger, City Manager, noted that projects not on this list may be done later . Action 97-1008 97-1009 Moved by Commissioner Brungardt, seconded by Commissioner Divine, to approve the 1997 Storm Drainage Improvements, Project Number 97-1001, and authorize staff to establish the bid date. Aye: (5). Nay: (0). Motion carried. (8.9) Award of contract for the 1996 Building Demolition, Project Number 96-986. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the history and location of the 5 structures in the project and the bids received March 18, 1997. Dennis Kissinger, City Manager, explained the technical errors of the low bidder in greater detail. He summarized the Commission's options, responsibility to the citizens, and the right to waive irregularities. Mr. O'Leary confirmed that the City changed the bid form during the process with Mr. Kissinger noting that the form was a minor issue. Bob Smith, Bob Smith Salvage and next low bidder, noted that he left his bid bond at home two years ago, offered to put up cash and go get the bond, but was not permitted to do so. Brian Wood, appearing on behalf of Diehl Construction, referred to a letter from Diehl Construction in the Commissioners' packets noting that Diehl Construction admits the errors, but that it is important to consider the $18,000 difference between their bid and the next lowest bid. He felt it was in the public's best interest to accept the lowest bid. Starleta Keenan, 512 North Twelfth Street, received a permit in June 1996 to repair the house. Due to other obligations she did not get the repairs done. She asked for an additional 6 months to fix the structure or 30 days to have someone else fix it but her request for the second permit was denied by Mr. Kissinger who required a $20,000 bid bond which she can't do. She stated that she has someone who wants to purchase the home and fix it. Mr. Kissinger informed the Commission that this issue has already been reviewed. This house has been on the demolition list for over two years, it has been waived, and many extension agreements with the owner have not been upheld. He clarified that the bid bond was asked for to assure that the project will be completed. He stated that while staff is sympathetic it cannot recommend another extension, the cost estimate of $20,000 is to bring the house up to code. Ms. Keenan referred to a letter she had received from Mr. Kissinger identifying what she needs to do to the structure. She indicated that the repairs could be completed at a much lower cost. Mr. Kissinger clarified staff's position for public safety and confirmed that no one has stepped forward as an interested buyer for the structure. Moved by Commissioner Seaton, seconded by Commissioner Divine, to award the contract for the 1996 Building Demolition, Project Number 96-986,to the lowest bidder Diehl Construction as submitted in an amount not to exceed $15,514.25 recognizing that the Commission accepts the technical errors and it still being a responsible bid. In response to the Mayor's concerns Roy Dudark, Director of Planning and Community Development, confirmed that demolition had been postponed two years ago and was extended again last year and Mike Peterson, Building Inspector and Zoning Administrator, explained the detailed history of this property declaring that contact began with the owner of 512 North Twelfth Street in September of 1995. A vote was called to the motion on the floor. Aye: (5) . Nay: (0) . Motion carried. (8.10) Award of contract for the Magnolia Road and Ohio Street Intersection Signalization Improvements, Project Number 97-976, to B & W Electrical Contractors in the amount of $72,720. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the signalization project and the bids received March 25, 1997, Action 97-1010 97-1011 97-1012 97-1013 97-1014 clarifying that this project will accommodate future expansion of the intersection. Moved by Commissioner Divine, seconded by Commissioner Brungardt, to award the contract for the Magnolia Road and Ohio Street Intersection Signalization Improvements, Project Number 96-976, to B & W Electrical Contractors in the amount of $72,720. Aye: (5). Nay: (0). Motion carried. (8.11) Award of contract for the 1997 Concrete Pavement Improvements, Project Number 97-995, to Wilbur Construction Company in the amount of $348,330. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the project and the bids received March 25, 1997. Discussion followed concerning the life expectancy of concrete pavements and the use of asphalt overlays. Moved by Commissioner Brungardt, seconded by Commissioner Seaton, to award the contract for the 1997 Concrete Pavement Improvements, Project Number 97-995, to Wilbur Construction Company in the amount of $348,330. Aye: (5). Nay: (0). Motion carried. (8.12) Award of contract for the Police Evidence/Squad Room Improvements, Project Number 95-949, to Porter Construction in the amount of $89,210. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the project and the bids received March 18, 1997. Jim Hill, Police Chief, responded to Commission inquiry stating that the current Evidence Room will become part of the new Squad Room and the existing Squad Room will also be enlarged. Moved by Commissioner Divine, seconded by Commissioner Seaton, to award the contract for the Police Evidence/Squad Room Improvements, Project Number 95-949, to Porter Construction in the amount of $89,210. Aye: (5). Nay: (0) . Motion carried. (8.13) Change Order Number 1 for the 1995-96 Concrete Curb/Gutter/ Pavement Improvements, Project Number 95-959, in the amount of $20,519. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained that the creation 'of 17 new parking places at the City/County Building was added to this project to minimize administrative costs and accelerate the schedule. The low bid was from Wilbur Construction Company in the amount of $20,519.00 and all costs of the Change Order will be paid by the Building Authority. In closing he noted that the parking places will be diagonal. Moved by Commissioner Seaton, seconded by Commissioner Perney, to approve Change Order Number 1 for the 1995-96 Concrete Curb/Gutter/ Pavement Improvements, Project Number 95-959, in the amount of $20,519. Aye: (5) . Nay: (0) . Motion carried. (8.14) Request for executive session to discuss non -elected employee, City Manager's evaluation. Moved by Commissioner Seaton, seconded by Commissioner Perney, to recess into executive session for the purpose of discussing a personnel matter regarding a non -elected employee of the City for the reason that public discussion of the matter would invade the privacy of the employee involved; and reconvene in this room in 30 minutes or at 7:20 p.m. Commissioner Brungardt, seconded by Commissioner Maxwell, amended the motion to reconvene in 20 minutes. Aye: (5). Nay: (0). Motion carried. The Board of Commissioners recessed at 6:50 p.m. and reconvened at 7: 10 p.m. No action was taken. None. OTHER BUSINESS ADJOURNMENT Action 97-101f Moved by Commissioner Divine, seconded by Commissioner Seaton, that the Regular Meeting of the Board of Commissioners be adjourned. Aye:(5). Nay: (0). Motion carried. The meeting adjourned at 7:11 p.m. [ SEAL] ATTEST: L g, CMC, City erk Evelyn Maxwell, Mayor