08-13-2012 MinutesCITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
August 13, 2012
4:00 p.m.
z The City Commission convened at 2:30 p.m. in a Study Session on the 2013 Budget. The
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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.
g There were present.
Mayor Norman M. Jennings, Presiding Officer
Commissioner Samantha P. Angell
Commissioner Kaye J. Crawford
Commissioner Aaron Householter
Commissioner Barb Shirley
comprising a quorum of the Board, also present:
Jason A. Gage, City Manager
Greg Bengtson, City Attorney
Lieu Ann Elsey, City Clerk
CITIZEN FORUM
None.
AWARDS AND PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on the proposed 2013 budget.
(5.1a) First reading Ordinance No. 12-10651 adopting the 2013 budget.
Mayor Jennings opened the public hearing.
Rod Franz, Director of Finance and Administration, summarized the state statute
requirement, proposed budget, and service fees. Mr. Franz noted that the public
hearing would be continued until next week.
12-0194 11 Moved by Commissioner Crawford, seconded by Commissioner Householter, to pass
Ordinance No. 12-10651 on first reading. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of August 6, 2012.
(6.2) Resolution No. 12-6925 authorizing a Third Addendum to a Grant Agreement with
OCCK, Inc.
(6.3) Authorize the Maintenance of Water Well No. 11, Project No. 12-2935 to Layne
Christensen Company in an amount not to exceed $45,402.05.
(6.4) Award of contract for the 2012 Levee Hike and Bike Trail Improvements (Indiana -
Gypsum), Project No. 12-2928 to T & R Dirt Construction in the amount of $35,556.
' A discussion followed between Mayor Jennings and Dan Stack, City Engineer,
regarding the extension of the levee hike and bike project.
12-0195 Moved by Commissioner Shirley, seconded by Commissioner Householter, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
None.
ADMINISTRATION
(8.1) Second reading Ordinance No. 12-10649 amending Chapter 1 of the Salina Code by adding
Sections 1-5.1 and 1-5.2 pertaining to the consideration and publication of ordinances.
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Mayor Jennings noted that Ordinance No. 12-10649 was passed on first reading on
August 6, 2012 and since that time no comments have been received.
12-0196 Moved by Commissioner Householter, seconded by Commissioner Angell, to adopt
Ordinance No. 12-10649 on second reading. A roll call vote was taken. Aye: (5) Angell,
z Crawford, Householter, Shirley, Jennings. Nay: (0). Motion carried.
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(8.2) First reading Ordinance No. 12-10650 levying special assessments against certain lots
and pieces of property to pay the cost of abatement of nuisances.
0 Rod Franz, Director of Finance and Administration, explained the process.
12-0197 Moved by Commissioner Shirley, seconded by Commissioner Householter, to pass Ordinance
No. 12-10650 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.3) Award of contract for the South 91h Street Art Structural Foundation, Project No. 12-2927
Dan Stack, City Engineer, summarized the Community Art and Design policy, project,
bids received, and funding.
12-0198 Moved by Mayor Jennings, seconded by Commissioner Shirley, to recess into executive
session for five minutes to discuss with legal counsel matters subject to the attorney-client
privilege for the reason that public discussion of those matters would waive the privilege and
adversely affect the City's interest in the matters and reconvene at 4:28 p.m. Aye: (5). Nay: (0).
Motion carried.
The Commission reconvened at 4:28 p.m.
A discussion followed between Commissioner Householter and Mr. Stack regarding
the lighting.
Mr. Stack then responded to Mayor Jennings' question regarding the liquidated
damages clause of the contract.
' Commissioner Shirley noted that this project was approved by a different City
Commission.
Commissioner Crawford commented that she supported public art; however, felt that
this project is expensive.
Commissioner Householter commented that he also supported public art, but felt that
the project is expensive. Unfortunately, the art had already been purchased.
12-0198 Moved by Commissioner Householter, seconded by Commissioner Angell, to award of
contract for the South Ninth Street Art Structural Foundation, Project No. 12-2927 to Vogts-
Parga Construction, LLC in the amount of $53,052.05 plus a 5% contingency of $2,652.60. Aye:
(4). Nay: (1) Shirley. Motion carried.
(8.4) First reading Ordinance No. 12-10652 amending Chapter 5 regarding alcoholic
beverages pertaining to the issuance of a Special Event Alcoholic Liquor Retailer's
Permit, clarifying the title and application of the Cereal Malt Beverage Retailer's Permit
and the sale of cereal malt beverages on licensed premises.
Michael Schrage, Deputy City Manager, explained the current regulations, proposed
amendments, state regulations, and proposed fee. Mr. Schrage then responded to
Mayor Jennings' questions regarding sale and resale of alcohol, and regulations for
charity and tasting events.
City Manager Jason Gage reminded the Commission that the ordinance would affect
public places.
Mr. Schrage then responded to Commissioner Householter's question regarding the
Bicentennial Center.
A discussion followed between Commissioner Angell and Mr. Schrage on how the
locations were determined and the transfer of property of Oakdale Park.
Mr. Gage noted that an appeal process will be added to the ordinance prior to second
reading.
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12-0199 Moved by Commissioner Angell, seconded by Commissioner Crawford, to pass Ordinance
No. 12-10652 on first reading and to include additional language regarding the process to
appeal prior to second reading. Aye: (5). Nay: (0). Motion carried.
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(8.5) Award of bid for Phase 1 Fire Station #1 Improvements, Project No. 08-2699.
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W Chief Larry Mullikin summarized the project.
Don Marrs, DMA Architects, summarized the improvements and add alternates.
R Mr. Marrs responded to Commissioner Angell's question regarding ADA requirements
and the bid for the elevator equipment by the subcontractors.
A discussion followed between Commissioner Crawford, Mayor Jennings, and Mr.
Marrs regarding project timeline, contract time, weather days, liquidated damages, and
working conditions.
Mr. Marrs then responded to Mayor Jennings' question regarding the bunker house
furniture.
A discussion followed by Commissioner Householter, Mr. Marrs, and Chief Mullikin
regarding bunking accommodations for female firefighters, height of the bay doors,
and lowering of the drive to deal with the drainage issues.
Mr. Marrs continued by explaining the preliminary design of the second phase of the
project.
Mr. Marrs then summarized the project related costs and bidding requirements and
irregularities, and recommendation.
A discussion followed between Mayor Jennings, Mr. Marrs, and Chief Mullikin
regarding accessing the bids submitted.
Mr. Gage spoke on the Commission's ability to reject or accept bids, waiving
irregularities, and contractor qualifications and references.
A discussion followed between Mayor Jennings, Mr. Gage, and Chief Mullikin
regarding the references used.
Commissioner Angell commented on the information provided by the architect and felt
that the recommendation should be supported.
Mr. Gage commented on rejection of the low bid, and could not find a reason to reject
the low bidder.
12-0200 Moved by Commissioner Householter, seconded by Commissioner Shirley, to take a five
minute break at return at 5:53 p.m. Aye: (5). Nay: (0). Motion carried.
Rod Franz, Director of Finance and Administration, explained the project funding,
incurred costs, additional funding needed, and estimated annual costs.
A discussion followed between Mayor Jennings, Mr. Franz, Commissioner
Householter, Mr. Gage, and Commissioner Angell regarding estimated annual costs,
incurred costs, and outstanding construction costs, fire station ratings, reuse of existing
fixtures, considering both phases of the project together, mill levy impact and project
timeline..
Greg Bengtson, City Attorney, asked the Commission to recess into an executive
session for attorney-client privileges.
' 12-0201 Moved by Commissioner Shirley, seconded by Commissioner Householter, to recess into
executive session for 10 minutes to discuss with legal counsel matters subject to the attorney-
client privilege for the reason that public discussion of those matters would waive the
privilege and adversely affect the City's interest in the matters and reconvene at 6:32 p.m.
Aye: (5). Nay: (0). Motion carried.
The Commission reconvened at 6:32 p.m.
Mayor Jennings commented on the recommendation to leave Alternates 6, 7, and 8 out
of the first phase, but felt those were equally as important.
Mr. Marrs commented on the potential efficiency cost savings from Alternate 6.
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Commissioner Householter felt that is was important to preserve the sign, but would
like to wait until plans have been finalized.
Mr. Gage noted that the original intend of bidding the alternates was to help reduce the
cost of the project, but those alternates would need to be completed at some point.
w Ron Cheney, Cheney Construction, commented on past projects completed for the City,
Library, and Community Theatre. He continued to explain his bid submission. Mr.
Cheney then responded to Commissioner Householter regarding the site visit
requirement. He also answered Commissioner Angell's question regarding the Airport
Authority project that was done in the past.
Mr. Marrs commented that he was hired by the Airport Authority after the project was
already going bad; however, he had contacted some of his peer architects from around
the state, and they felt comfortable with Cheney's work.
12-0202 II Moved by Commissioner Angell, seconded by Commissioner Shirley, that the Commission
determine that any irregularities and informalities of the bid submitted is inconsequential and
to waive any of the irregularities and informalities. Aye: (5). Nay: (0). Motion carried.
12-0203 1 Moved by Commissioner Angell, seconded by Commissioner Householter, to award the
contract for the Fire Station #1 Improvements to Cheney Construction add alternates 1-7 and 9
in the amount $1,662,406. Aye: (5). Nay: (0). Motion carried
12-0204 Moved by Commissioner Shirley, seconded by Commissioner Householter, to authorize
budget project contingency in an amount not to exceed $42,000, relocation contingency in an
amount not to exceed $52,000, and a furnishing contingency in an amount not to exceed
$81,800. Aye: (5). Nay: (0). Motion carried.
12-0205 Moved by Commissioner Shirley, seconded by Commissioner Householter, to approve the
inclusion of architectural design for the Phase 2 of the project in the amount of $150,000 in year
2013 and Phase 2 construction in the amount of $1,350,000 in the year 2014 in the CIP. Aye:
(5). Nay: (0). Motion carried.
(8.6) Request for executive session (trade secrets).
12-0206 Moved by Commissioner Shirley, seconded by Commissioner HousehoIter, to recess into
executive session for 15 minutes to discuss confidential data relating to the financial affairs
and trade secrets of a corporation for the reason that public discussion of the information
would competitively disadvantage the corporation and reconvene at 7:10 p.m. Aye: (5). Nay:
(0). Motion carried.
The Commission reconvened at 7:10 p.m.
OTHER BUSINESS
None.
ADJOURNMENT
12-0207 Moved by Commissioner Shirley, seconded by Commissioner Householter, that the regular
meeting of the Board of City Commissioners be adjourned. A e: (VNtion carried.
The meeting adjourned at 7:10 p.m.
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Lieu Ann Elsey, CMC, CClerk
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