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08-18-1997 MinutesAction CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS AUGUST 18, 1997 4:00 p.m. The City Commission convened at 1:30 p.m. in a Study Session to tour Parks and Recreation. 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 Peter F. Brungardt Commissioner Don Heath Commissioner Alan Jilka Commissioner Monte Shadwick comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Penny Allen, City Clerk's Office Judy D. Long, City Clerk None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) Smoky Hill Museum Accreditation. Martha Rhea, Director of Arts and Humanities, explained the application process and the recognition received. Tom Pfannenstiel, Museum Director, spoke regarding the history of the Smoky Hill Museum and the two years of self -study required to meet national standards. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Appeal, by applicant Phillip Francisco, of staff disapproving his application for a merchant police permit. Mayor Seaton called the public hearing to order. James Hill, Chief of Police, explained the requirements of the merchant police application and staff's reasons for denying this application. Dennis Kissinger, City Manager, clarified the basis for staff's recommendation for denial of the application. John Reynolds, attorney for Mr. Francisco, spoke in support of the application and informed the Commission that the prior offenses are twenty years old with the most recent being a traffic offense in 1989. Mr. Kissinger asked Mr. Reynolds about the April 1980 drug arrest and was told the 17 year old offense was part of the same troublesome time period. There being no other comments the Mayor declared the public hearing closed. 97-1183 Based on Mr. Francisco's failure to disclose information Commissioner Brungardt, seconded by Commissioner Heath, moved to affirm staff's decision to disapprove of the application for a merchant police permit. Aye: (5) . Nay: (0) . Motion carried. Action 97-1184 97-1185 97-1186 97-1187 97-1188 CONSENT AGENDA (6.1) Approve the minutes of August 11, 1997. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve the consent agenda. Aye: (5). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Second reading Ordinance Number 97-9823 vacating a portion of the right-of-way in front of Kraft Manor. Moved by Commissioner Jilka, seconded by Commissioner Brungardt, to adopt Ordinance Number 97-9823 on second reading. A roll call vote was taken. Aye: (5), Heath, Brungardt, Shadwick, Jilka, Seaton. Nay: (0). Motion carried. (8.2) First reading Ordinance Number 97-9824 amending Chapter 23 of the Salina Code pertaining to Bail Bonding. Greg Bengtson, City Attorney, explained the recommended changes. Dennis Kissinger, City Manager, advised the Commission that inquiries have been received today and that staff will follow up on them between first and second readings. Those concerned were encouraged to attend today and will be encouraged to attend next week's second reading if they still have any concerns. He agreed to put any contacts he has had this week in the staff report to the Commission. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to approve Ordinance Number 97-9824 for first reading. Aye: (5). Nay: (0) . Motion carried. (8.3) Resolution Number 97-5191 related to a grant and transfer of certain real property and a grant of funds to the Historic Fox Theatre of Salina Foundation. Dennis Kissinger, City Manager, explained the proposed grant and transfer of property to a group of citizens that have formed a non-profit organization. He confirmed that the city will make a one-time $15,000 payment with no additional financial commitment. Gerald Cook, President of the Salina Chamber of Commerce and Secretary of the Historic Fox Theater Foundation of Salina, addressed the Commission representing Joe Warner who was unable to attend today's Commission Meeting. He introduced the members of the Board of Directors of this foundation: Joe Warner, Mike Beatty, Susan Hokett, Judy Ewalt, Al Gebhart, Warren Ediger, John Vanier, Dorothy Lynch, Norm Yenkey, Betty Fury, Don Dieckhoff and Melissa Hodges. He noted that this board has been meeting monthly and read the mission statement that has been developed identifying the group's plans for the facility. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Resolution Number 97-5191. Aye: (5) . Nay: (0) . Motion carried. (8.4) Resolution Number 97-5192 authorizing the Mayor to execute a license agreement with the Kansas Wing of Civil Air Patrol to install radio antennas on the Burma Road Water Tower. Don Hoff, Engineering and Utilities Director, explained the proposed license agreement. Moved by Commissioner Brungardt, seconded by Commissioner Jilka, to adopt Resolution Number 97-5192. Aye: (5) . Nay: (0) . Motion carried. (8.5) Resolution Number 97-5193 authorizing the Mayor to execute an agreement with Jones -Gillam Architects for architectural services on the Fire Department Training Facility, Project No. 97-1063. Action 97-1189 97-1190 97-1191 Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the contract for architectural services which were solicited July 18, 1997, and recommended approval in an amount not to exceed $30,000. Moved by Commissioner Jilka, seconded by Commissioner Brungardt, to adopt Resolution Number 97-5193. Aye: (5). Nay: (0). Motion carried. (8.6) Report on rebid for Project No. 97-1030, Municipal Golf Course Cart Paths. Steve Snyder, Parks and Recreation Director, explained the bids received July 31st and August 5th, 1997. He asked that the Commission consider the circumstances of all bids received and award the bid to the low bidder. For public record Greg Bengtson, City Attorney, summarized the bid procedure, the circumstances of this bidding, the protection of public interest, and a similar legal case which allows the Commission to consider the Howrey bid. Dennis Kissinger, City Manager, noted that the other bids received were well over the Architect's Estimate and requested that if the Commission rejects the low bid that all bids be rejected and the project be rebid again. John Sherwood, Corporate Council of Wildcat Golf, Inc., informed the Commission that he had supplied the City's Council with a number of more current cases than the one referred to by Mr. Bengtson which would disallow consideration of the Howery bid. Mr. Kissinger noted that the timing of the project was not as important as the dollar amount involved. He assured the Commission of the integrity of the City's bidding process, spoke to the best interest of the tax payers and supported the City Attorney's opinion that it is within the Commission's authority to consider the special circumstances of this bidding. Stating that a technicality should not $43,000 Commissioner Shadwick, seconded by award the bid for the Municipal Golf Course Howery Construction, Rockwell City, Iowa, in Aye: (5) . Nay: (0) . Motion carried. None. OTHER BUSINESS ADJOURNMENT cost the citizens and golfers Commissioner Jilka, moved to Cart Paths to the low bidder the amount of $254,596.50. Moved by Commissioner Brungardt, 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 4:59 p.m. [SEAL] ATTEST: udy L CMC, Cit Clerk ristin M. Se on, Mayor