06-02-1997 MinutesAction
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JUNE 2, 1997
4:00 p.m.
The City Commission convened at 2:15 p.m. in a Study Session to discuss the
Salina/Saline County Health Department Orientation for new City Commissioners
at 125 West Elm Street. The Regular Meeting of the Board of Commissioners
was called to order at 4:00 p.m. in the Commission Meeting Room, City -County
Building, on Monday, June 2, 1997. 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 Peter F. Brungardt
Commissioner Don Heath
Commissioner Alan Jilka
Commissioner Monte Shadwick
comprising a quorum of the Board, also present:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Judy D. Long, City Clerk
Absent:
None.
None.
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of the regular meeting of May 19, 1997.
(6.2) Authorize staff to re -advertise to receive bids for a hydraulic
vertical wheelchair lift in the Arena of the Bicentennial Center.
(6.3) Notice that an application has been filed by Salina Vortex
Corporation requesting a property tax exemption for expanded facilities at 3024
Arnold Avenue and authorize staff to set a date for public hearing.
Tentatively set for June 16, 1997.
(6.4) Consideration of an agreement with Reece Construction Co., Inc. for
water service and future annexation.
(6.5) Resolution Number 97-5160 authorizing the Mayor to execute a Special
Warranty Deed to Mowery Clinic Building, Inc.
(6.6) Approve the Municipal Golf Course Cart Paths, Project Number
97-1030, and authorize staff to set the date to receive bids.
97-1070 Moved by Commissioner Shadwick, seconded by Commissioner
Brungardt, to approve all items on the consent agenda. Aye: (5). Nay:
(0) . Motion carried.
DEVELOPMENT BUSINESS
(7.1) Consider approval of a Comprehensive Development Project grant
from the Kansas Department of Commerce and Housing.
Dennis Kissinger, City Manager, asked that items 7.1 and 7.2 be
considered at the same time.
Action
97-1071
97-1072
97-1073
97-1074
97-1075
97-1076
(7.2) First reading Ordinance Number 97-9807 unconditionally approving
the issuance of general obligation bonds by the Salina Airport Authority in an
amount not to exceed $3,100,000 for the purpose of financing the cost of street
and parking lot improvements located at the Salina Airport Authority Industrial
Center.
Roy Dudark, Director of Planning and Community Development,
explained the Comprehensive Development Project Grant and the work which
would be completed with the grant. He then responded to Commission inquiry.
(7.1a) Resolution Number 97-5162 finding the Salina Airport Industrial
Center to be a blighted area.
(7.1b) Resolution Number 97-5163 authorizing the Mayor to execute an
Interlocal Agreement with the Salina Airport Authority to further a
Comprehensive Community Development Project.
(7.1c) Resolution Number 97-5164 approving a Grant Agreement with
the Kansas Department of Commerce and Housing and authorizing the
Mayor to execute said agreement.
Greg Bengtson, City Attorney, explained the proposed Salina Airport
authority bond issue for the project and Dennis Kissinger, City Manager,
explained the Salina Airport Authority mill levy.
Moved by Commissioner Brungardt, seconded by Commissioner Heath,
to adopt Resolution Number 97-5162 finding the Salina Airport Industrial
Center to be a blighted area. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Shadwick, seconded by Commissioner
Brungardt, to adopt Resolution Number 97-5163 authorizing the Mayor to
execute an Interlocal Agreement with the Salina Airport Authority to further a
Comprehensive Community Development Project. Aye: (5) . Nay: (0) . Motion
carried.
Moved by Commissioner Heath, seconded by Commissioner Jilka, to
adopt Resolution Number 97-5164 approving a Grant Agreement with the Kansas
Department of Commerce and Housing and authorizing the Mayor to execute
said agreement. Aye: (5) . Nay: (0) . Motion carried.
Moved by Commissioner Brungardt, seconded by Commissioner Heath,
to approve on first reading Ordinance Number 97-9807 unconditionally
approving the issuance of general obligation bonds by the Salina Airport
Authority in an amount not to exceed $3,100,000 for the purpose of financing
the cost of street and parking lot improvements located at the Salina Airport
Authority Industrial Center. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance Number 97-9805 providing for the vacation
of a segment of restricted access on Albert Avenue.
Moved by Commissioner Shadwick, seconded by Commissioner Heath,
to adopt Ordinance Number 97-9805 providing for the vacation of a segment of
restricted access on Albert Avenue on second reading. A roll call vote was
taken. Aye: (5), Jilka, Brungardt, Shadwick, Heath, Seaton. Nay: (0).
Motion carried.
(8.2) Second reading Ordinance Number 97-9806 providing for the
amendment of the Comprehensive Plan.
Moved by Commissioner Heath, seconded by Commissioner Brungardt,
to adopt Ordinance Number 97-9806 providing for the amendment of the
Comprehensive Plan on second reading. A roll call vote was taken. Aye: (5),
Shadwick, Jilka, Brungardt, Heath, Seaton. Nay: (0) . Motion carried.
(8.3) First reading Ordinance Number 97-9808 amending Section 25-94 of
the Salina Code pertaining to theft of services and repealing the existing
Sections 25-94, 31-1, 31-2, 31-3, 31-5 and 41-8.
Ellen Mitchell, City Prosecutor, explained the proposed changes
regarding theft of services that will make the penalty for theft of water the
same as for other utilities.
Action
97-1076
97-1077
97-1078
97-1079
97-1080
97-1081'
Moved by Commissioner Heath, seconded by Commissioner Shadwick,
to approve on first reading Ordinance Number 97-9808 amending Section 25-94
of the Salina Code pertaining to theft of services and repealing the existing
Sections 25-94, 31-1, 31-2, 31-3, 31-5 and 41-8. Aye: (5). Nay: (0).
Motion carried.
(8.4) Resolution Number 97-5161 authorizing and directing the issuance,
sale and delivery of $310,000 in temporary notes for making improvements to
the Salina Public Library.
Rod Franz, Director of Finance and Administration, explained the
bids received earlier this afternoon.
Moved by Commissioner Brungardt, seconded by Commissioner Jilka,
to adopt Resolution Number 97-5161 authorizing and directing the issuance,
sale and delivery of $310,000 in temporary notes for making improvements to
the Salina Public Library and awarding that bid to Commerce Bank at 4.430%.
Aye: (5) . Nay: (0) . Motion carried.
(8.5) Resolution Number 97-5165 designating downtown parking zones.
Shawn O'Leary, Assistant director of Engineering and Utilities,
explained the request received May 19, 1997 from Nick Slechta on behalf of the
Business Improvement District Number 1 and the proposed changes
recommended by the Parking Study Ad Hock Task Force.
Moved by Commissioner Brungardt, seconded by Commissioner Jilka,
to adopt Resolution Number 97-5165 designating downtown parking zones.
Aye: (5). Nay: (0). Motion carried.
(8.6) Resolution Number 97-5166 authorizing the Mayor to execute a
contract and other documents necessary to convey a tract of land to the
Secretary of Transportation of the State of Kansas.
Greg Bengtson, City Attorney, explained the necessity of the
donation which was followed by staff and Commission discussion concerning the
donation and location of the land.
Moved by Commissioner Shadwick, seconded by Commissioner Heath,
to adopt Resolution Number 97-5166 authorizing the Mayor to execute a
contract and other documents necessary to convey a tract of land to the
Secretary of Transportation of the State of Kansas. Aye: (5) . Nay: (0) .
Motion carried.
(8.7) Award of contracts for the 1997 Subdivision Improvements, Project
Number 97-1038.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the improvements and the bids received.
Moved by Commissioner Heath, seconded by Commissioner Jilka, to
award contracts for the 1997 Subdivision Improvements, Project Number 97-1038
to Shears Construction, L.P. for Streets and Drainage in the amount of
$367,523.85, and to Smoky Hill, L.L.C. for the Utility improvements in the
amount of $265,954.00 for a total amount of $633,477.85. Aye: (5) . Nay:
(0) . Motion carried.
(8.8) Award bids on City Vehicles and Equipment, Phase 2.
Rod Franz, Director of Finance and Administration, explained the
bids received May 27th.
Moved by Commissioner Brungardt, seconded by Commissioner Heath,
to award bids on City Vehicles and Equipment, Phase 2, as recommended for a
total cost of $81,814.00. Aye: (5). Nay: (0). Motion carried.
(8.9) Change Order Number 1 for the State Street Bridge Replacement,
Project Number 96-989, in the amount of $19,200.34.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the project and change order noting a corrected amount of
$19,538.74. To Commission inquiry he explained the 11.4% increase in over
runs encountered.
Action
97-1082
97-1083
97-1084
97-1085
97-1086
Dennis Kissinger, City Manager, discussed different kinds of change
orders identified within the "Construction Practices and Procedures" with the
Commissioners. He clarified the difference between materials cost within the
scope of an approved project which the Commission is informed of and actually
changing the scope of a project which would require Commission approval
before proceeding. He noted that the City has Chartered Out of the State's
requirements 2 to 3 years ago. In closing, he indicated the increase on this
project was due to cost of materials.
Moved by Commissioner Brungardt, seconded by Commissioner
Shadwick, to approve Change Order Number 1 for the State Street Bridge
Replacement, Project Number 96-989, in the amount of $19,538.74. Aye: (5).
Nay: (0) . Motion carried.
Mr. Kissinger asked for direction regarding a memo in the
Commissioner's packets from the City Engineer at the time staff knows that a
project has a change order of this type. In the memo the city Engineer will
explain and the action will come back to the Commission at a later time. With
the Mayor's agreement, Mr. Kissinger noted that this will be put into the
City's procedure, and possibly included with the periodic project updates that
are issued.
(8.10) Request for Executive Session. (personnel and legal)
Moved by Commissioner Shadwick, seconded by Commissioner Heath,
that the City Commission recess into executive session to discuss two separate
matters. the first is a personnel matter relating to non -elected personnel,
public discussion of which would infringe upon the employee's right to
privacy. The second is a matter subject to the attorney-client privilege,
public discussion of which would waive the attorney-client privilege; and that
the Commission reconvene in this room in 20 minutes. Aye: (5). Nay: (0).
Motion carried. No action was expected.
The Board of Commissioners recessed at 4:47 p.m. and reconvened
at 5:07 p.m.
Moved by Commissioner Brungardt, seconded by Commissioner Heath,
that the City Commission return to Executive Session to continue discussion
and to reconvene in this room in 10 minutes. Aye: (5) . Nay: (0) . Motion
carried.
The Board of Commissioners recessed at 5:08 p.m. and reconvened
at 5:18 p.m. No action was taken.
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Jilka, seconded by Commissioner Heath, that
the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5) .
Nay: (0) . Motion carried. The meeting adjourned at 5:19 p.m.
istin M. Sea on, Mayor
[SEAL]
ATTEST:
4D . L g , CMC, City Clerk