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02-28-1994 Minutes— 94-077 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS FEBRUARY 28, 1994 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, February 28, 1994, at 4:00 p.m. There were present: Mayor Peter F. Brungardt, Chairman presiding Commissioner Carol E. Beggs Commissioner John Divine Commissioner Evelyn Maxwell Commissioner Joseph A. Warner comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Stephanie Krug, Acting City Clerk None None CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The Mayor proclaimed the Month of March 1994 as "RED CROSS MONTH". The proclamation was read by Joe Harrison, Service to Military Chairman. (4.2) The Mayor proclaimed the week of March 6 through 12, 1994 as "SALINA NOT -FOR PROFIT HUMAN SERVICES' AWARENESS WEEK". The proclamation was read by Pat Ackley, Executive Director of HOTLINE. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing as required by Resolution Number 94-4691 on Petition 4076, filed by Helen L. Shamburg, for the vacation of the west 12' of public right-of-way on Eleventh Street located between West Grand Avenue and the 20' alley to the north of Lots 29 and 30, Block 10, Pacific Addition to the City of Salina, Saline County, Kansas. Shawn O'Leary, Assistant Director of Engineering and Utilities, reviewed the vacation request and recommended denying the request to vacate the public right-of-way. He said the Commissioners may want to consider providing the petitioner a license agreement to allow use of the public right-of-way. Mayor Brungardt declared the public hearing open. There were no comments filed, written or oral, so the Mayor declared the public hearing closed. Moved by Commissioner Divine, seconded by Commissioner Maxwell that the request to vacate the public right-of-way be denied and that a license agreement be provided to allow the use of the public right-of-way for the existing fence and garage. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting February 14, 1994. (6.2) Ratification of action to set the bid date for the East Crawford Recreation Area Ball Diamond Improvements, Engineering Project 94-895. (Sets Tuesday, March 15, 1994 as the date to receive bids.) _ Commission Kuhn C,x pr", y Gal a. Kan - (6.3) Petition Number 4077 was filed by Jonathan C. Cossette for the vacation of Claflin Avenue from Ohio Street to Austin Circle. (Refer to City Engineer for a report.) 94-078 Moved by Commissioner Warner, seconded by Commissioner Beggs that all items on the Consent Agenda be approved. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None ADMINISTRATION (8.1) Second Reading Ordinance Number 94-9624, amending Sections 42-65 through 42-65.12 of Article IV of Chapter 42 of the Salina Code regarding landscaping regulations. Jim Ravenkamp, speaking on behalf of the Salina Contractors Association, said the association supports the Ordinance. 94-079 Moved by Commissioner Beggs, seconded by Commissioner Warner that Ordinance Number 94-9624, amending Sections 42-65 through 42-65.12 of Article IV of Chapter 42 of the Salina Code regarding landscaping regulations, be adopted. Aye: Beggs, Divine, Maxwell, Warner, Brungardt. (5) . Nay: (0). Motion carried. (8.2) Resolution Number 94-4698, authorizing the Mayor to execute the First Amendment to the Smoky Hill Museum/Emergency Preparedness Cooperation Agreement regarding the administration and policy of the emergency preparedness department. Dennis M. Kissinger, City Manager, reviewed the agreement to dissolve the Emergency Management Advisory Board. 94-080 Moved by Commissioner Beggs, seconded by Commissioner Divine that Resolution Number 94-4698, authorizing the Mayor to execute the First Amendment to the Smoky Hill Museum/Emergency Preparedness Cooperation Agreement regarding the administration and policy of the emergency preparedness department, be adopted. Aye: (4) . Nay: (0) . Commissioner Maxwell abstained. Motion carried. (8.3) Resolution Number 94-4699, authorizing the Mayor to execute the Kansas Department of Transportation Request for Construction Project form for the Mulberry Street Bridge improvements. Shawn O'Leary, Assistant Director of Engineering and Utilities reviewed the project. 94-081 Moved by Commissioner Warner, seconded by Commissioner Divine that Resolution Number 94-4699, authorizing the Mayor to execute the Kansas Department of Transportation Request for Construction Project form for the Mulberry Street Bridge improvements, be adopted. Aye: (5) . Nay: (0) . Motion carried. (8.4) Resolution Number 94-4700, relating to benefits obtainable by cities under the program for federal aid on transportation enhancement projects. (Agreement No. 9-94 with the Kansas Department of Transportation for a pedestrian/bicycle path.) Shawn O'Leary, Assistant Director of Engineering and Utilities reviewed the agreement for a four (4) mile crushed limestone pedestrian/bicycle path. Commissioner Maxwell asked for clarification of use of motorized vehicles by disabled persons. 94-082 Moved by Commissioner Divine, seconded by Commissioner Beggs that Resolution Number 94-4700, relating to benefits obtainable by cities under the program for federal aid on transportation enhancement projects, be adopted. Aye: (5) . Nay: (0) . Motion carried. Commission - _ Action # - - — -- (8.5) Resolution Number 94-4701, relating to benefits obtainable by cities under the program for federal aid on transportation enhancement projects. (Supplemental Agreement No. 1 to Agreement No. 98-90 for the Schilling/I-135 Interchange Project with the Kansas Department of Transportation.) Shawn O'Leary, Assistant Director of Engineering and Utilities, reviewed the agreement. 94-083 Moved by Commissioner Beggs, seconded by Commissioner Warner that Resolution Number 94-4701, relating to benefits obtainable by cities under the program for federal aid on transportation enhancement projects, be adopted. Aye: (5) . Nay: (0) . Motion carried. 94-084 (8.6) Resolution Number 94-4702, authorizing the Mayor to execute Supplemental Agreement Number 1 between the City of Salina, Kansas; Bucher, Willis & Ratliff, Consulting Engineers, Planners & Architects; and, the Secretary of Transportation of the State of Kansas, regarding construction engineering services on the Schilling Road/I-135 Interchange project, by adding over 193 additional working days and increasing the upper limit of compensation to an amount not to exceed $286,243. Shawn O'Leary, Assistant Director of Engineering and Utilities, reviewed the agreement. Moved by Commissioner Warner, seconded by Commissioner Divine that Resolution Number 94-4702, authorizing the Mayor to execute Supplemental Agreement Number 1 between the City of Salina, Kansas; Bucher, Willis & Ratliff, Consulting Engineers, Planners & Architects; and, the Secretary of Transportation of the State of Kansas, regarding construction engineering services on the Schilling Road/I-135 Interchange project, by adding over 193 additional working days and increasing the upper limit of compensation to an amount not to exceed $286,243, be adopted. Aye: (5). Nay: (0). Motion carried. (8.7) Resolution Number 94-4703, authorizing the Mayor to execute Supplemental Agreement Number 1 to the three -party agreement between the City of Salina, Kansas; Bucher, Willis & Ratliff; and, the Secretary of Transportation of the State of Kansas for Phase II of the engineering services for the Magnolia Road/I-135 Interchange project in an amount not to exceed $339,311.34. Shawn O'Leary, Assistant Director of Engineering and Utilities, reviewed the agreement for preliminary design of the project. 94-085 Moved by Commissioner Divine, seconded by Commissioner Warner that Resolution Number 94-4703, authorizing the Mayor to execute Supplemental Agreement Number 1 to the three -party agreement between the City of Salina, Kansas; Bucher, Willis & Ratliff; and, the Secretary of Transportation of the State of Kansas for Phase I1 of the engineering services for the Magnolia Road/I-135 Interchange project in an amount not to exceed $339,311.34, be adopted. Aye: (4) . Nay (0) . Commissioner Maxwell abstained. Motion carried. 94-086 (8.8) Resolution Number 94-4704, clarifying the numbering of Lots pertaining to an improvement district in Block 4, Austin Subdivision to the City of Salina, Kansas. Shawn O'Leary, Assistant Director of Engineering and Utilities, said there was a discrepancy in lot numbers between the original petition and the authorizing Resolution. He said this Resolution clarifies the lot numbers of the improvement district and that all affected property owners have received proper notice of proceedings. Moved by Commissioner Maxwell, seconded by Commissioner Beggs that Resolution Number 94-4704, clarifying the numbering of Lots pertaining to an improvement district in Block 4, Austin Subdivision to the City of Salina, Kansas, be adopted. Aye: (5). Nay: (0). Motion carried. (8.9) Resolution Number 94-4705, appointing members to the Accessibility Advisory Board, Convention and Tourism Committee, Heritage Commission, Library Board and Salina Airport Authority. -n -- Acticx = - - -- - - 94-087 Moved by Commissioner Warner, seconded by Commissioner Beggs that j Resolution Number 94-4705, appointing members to the Accessibility Advisory j Board, Convention and Tourism Committee, Heritage Commission, Library Board and Salina Airport Authority, be adopted. Aye: (5) . Nay: (0) . Motion carried. (8.10) Report on bids received Tuesday, February 15, 1994 for Engineering Project 94-892, 1994 Subdivision Improvements. (Award the contract to J.H. Shears Sons, Inc. for streets/storm drainage improvements in the amount of $599,01.9.70 and to Smoky Hill, Inc. for water/sanitary sewer improvements in the amount of $436,019.00.) Shawn O'Leary, Assistant Director of Engineering and Utilities, reviewed the bids received. 94-088 Moved by Commissioner Maxwell, seconded by Commissioner Beggs that the contract for streets and storm drainage improvements in Engineering Project 94-892 be awarded to J.H. Shears Sons, Inc. in the amount of $559,019.70 and that the contract for water and sanitary sewer improvements in Engineering Project 94-892 be awarded to Smoky Hill, Inc. in the amount of $436,019.00. Aye: (5) . Nay: (0) . Motion carried. l (8.11) Report on bids received Tuesday, February 15, 1994 for Engineering Project 94-896, Municipal Pool Improvements. (Award the contract to Commercial Waterproofing, Inc. in the amount of $32,900.00.) Shawn O'Leary, Assistant Director of Engineering and Utilities, reviewed the bids received. 94-089 Moved by Commissioner Divine, seconded by Commissioner Beggs that the contract for Municipal Pool Improvements be awarded to Commercial Waterproofing, Inc. in the amount of $32,900.00. Aye: (5). Nay: (0). Motion carried. (8.12) Report on bids received Tuesday, February 15, 1994 for Engineering g l Project 94-897, Oakdale Park Tennis Court Improvements. (Award the contract to J.H. Shears' Sons, Inc. in the amount of $33,014.80.) Shawn O'Leary, Assistant Director of Engineering of Utilities, reviewed the bids received. 94-090 Moved by Commissioner Warner, seconded by Commissioner Beggs that the contract for Oakdale Park Tennis Court Improvements be awarded to J.H. Shears' Sons, Inc. in the amount of $33,014.80. Aye: (5). Nay: (0). Motion carried. (8.13) Report on bids received Tuesday, February 22, 1994 for the purchase of 8 riding golf carts for the Municipal Golf Course. (Award the contract to M & M Golf Carts for $16,024.40 with trade.) Steve Snyder, Director of Parks and Recreation, reviewed the bids received. 94-091 Moved by Commissioner Divine, seconded by Commissioner Warner that the contract for eight (8) riding golf carts for the Municipal Golf Course be li awarded to M & M Golf Carts for $16,024.40 with trade. Aye: (5). Nay: (0) . Motion carried. �I (8.14) Report on bids received Tuesday, February 22, 1994 for Engineering l Project 93-888, 1993-1994 Sidewalk Improvements. (Reject all bids as they are over the engineer's estimate.) Shawn O'Leary, Assistant Director of Engineering and Utilities, reviewed the bids received and recommended rejecting all Lids as they were over the engineer's estimate. He reviewed the options available for the Commissioners. 94-092 Moved by Commissioner Divine, seconded by Commissioner Warner that the bids for Engineering Project 93-888, 1993-1994 Sidewalk Improvements, be rejected and that staff look at building the ramps with existing city crews. Bill Wilson, 853-D Fairdale Road, asked the Commissioners not to reject the bids on such a small amount of difference. He suggested that money could be saved by letting yearly contracts for repair, maintenance and construction of sidewalks. Mayor Brungardt called for a vote on Commission Action #94-092A. Aye: (5). Nay: (0). Motion carried. (8.15) Approve Change Order No. 1 for Engineering Project 92-861, Prescott Avenue Street and Drainage Improvements, in the amount of $5,816.10. Shawn O'Leary, Assistant Director of Engineering and Utilities, reviewed the Change Order. 94-093 Moved by Commissioner Warner, seconded by Commissioner Maxwell that Change Order No. 1 for Engineering Project 92-861, Prescott Avenue Street and Drainage Improvements, in the amount of $5,816.10, be approved. Aye: (5) . Nay: (0) . Motion carried. (8.16) Approve Change Order No. 2 for Engineering Project 93-880, Booster Pump Station No. 2, in the amount of $1,200.00. Don Hoff, Director of Engineering and Utilities, reviewed the Change Order. 94-094 Moved by Commissioner Divine, seconded by Commissioner Beggs that Change Order No. 2 for Engineering Project 93-880, Booster Pump Station No. 2, in the amount of $1,200.00, be approved. Aye: (5). Nay: (0). Motion carried. 94-095 OTHER BUSINESS Mayor Brungardt said the preliminary hearing for a potential. CDBG economic development grant application will be held March 21, 1994, and the final hearing will be held in April. ADJOURNMENT Moved by Commissioner Warner, seconded by Commissioner Beggs that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0) . Motion carried. The meeting adjourned at 5:47 p.m. [ SEAL] ATTEST: Ju Long City Clerk Peter F. Brungardt, Mayor