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