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12-17-2012 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS December 17, 2012 4:00 p.m. w The City Commission convened at 2:30 p.m. in a Study Session on C.I.P. and Wastewater Rates. 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 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: Michael Schrage, Deputy City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk CITIZEN FORUM Ray Hruska, 235 N. Santa Fe, expressed his concerns regarding Community Access Television revoking a volunteer's rights to check out equipment for 30 days because there was complaint that this volunteer had videoed the City Commission study session last week and was disruptive. AWARDS AND PROCLAMATIONS ' (4.1) The month of December 2012 as "National Drunk and Drugged Driving Prevention Month" in the city of Salina. Misty Lewis, IMPACT Coalition Coordinator with Central Kansas Foundation, read the proclamation and announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on the 2012 budget amendments. Mayor Jennings opened the public hearing. Rod Franz, Director of Finance and Administration, explained the amendments to the Risk Management, Solid Waste, Water and Wastewater, and the Tourism and Convention funds. There being no further comments the public hearing was closed. 12-0307 Moved by Commissioner Householter, seconded by Commissioner Angell, to approve the 2012 budget amendments. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of December 10, 2012. (6.2) Award of contract for the Pump Station No. 34 Force Main Replacement, Project No. 05-1540A to Stevens Contractors, Inc. in the amount of $66,900. ' (6.3) Award of contract for the Sanitary Sewer Improvements, Project No. 12-2933 to Stevens Contractors, Inc. in the amount of $114,362. (6.4) Award of contract for the Water Main Replacement Project, Phase IV, Project No. 10- 2842C to Smoky Hill, LLC in the amount of $1,244,895 and to include a 5% construction contingency for a total project amount of $1,307,139.75. (6.5) Authorize the purchase of software and computer hardware for the TV truck from Infrastructure Technologies in the amount of $36,775. (6.6) Authorize the conversion of Unit #763 to a tanker truck for Wastewater Collection by Watts Welding & Manufacturing, LLC in the amount of $14,480 and the City of Salina Central Garage in the amount of $4,500. Page 1 (6.7) Resolution No. 12-6957 authorizing a parking lot lease agreement with the Chamber of Commerce. 12-0308 Moved by Commissioner Shirley, seconded by Commissioner Householter, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. z DEVELOPMENT BUSINESS A None. ADMINISTRATION U (8.1) Second reading Ordinance No. 12-10664 amending Section 42-518 in Chapter 42, Article X, Division 2 of the Salina Code pertaining to sign regulations in the University (U) District. Mayor Jennings noted that Ordinance No. 12-10664 was passed on first reading on December 10, 2012 and since that time no comments have been received. 12-0309 Moved by Commissioner Angell, seconded by Commissioner Shirley, to adopt Ordinance No. 12-10664 on second reading. A roll call vote was taken. Aye: (5) Angell, Crawford, Householter, Shirley, Jennings. Nay: (0). Motion carried. (8.2) Authorize an Engineering Agreement for the South Well Field and Water Treatment Plant Development Study, Project No. 12-2946. Martha Tasker, Director of Utilities, explained the Raw Water Supply Study. A discussion followed between Commissioner Shirley, Ms. Tasker, and Deputy City Manager Michael Schrage regarding water supply sources, use of aquifer, groundwater, and discharge volumes. Ms. Tasker continued to explain water volumes, conservation, Capital Improvement Program, agreement and funding. 12-0310 Moved by Commissioner Angell, seconded by Commissioner Crawford, to authorize an Engineering Agreement for the South Well Field and Water Treatment Plant Development Study, Project No. 12-2946 with HDR Engineering, Inc. in an amount not to exceed $214,300. Aye: (5). Nay: (0). Motion carried. (8.3) Adopt the 2013 Business Plan for the Salina Bicentennial Center. Dion Louthan, Director of Parks and Recreation, summarized the operations agreement with Global Spectrum, current year financials, and the proposed plan. Mr. Louthan then responded to Commissioner Angell's question regarding the General Fund Benefits and average transfer amounts. 12-0311 11 Moved by Commissioner Householter, seconded by Commissioner Angell, to adopt the 2013 Business Plan for the Salina Bicentennial Center. Aye: (5). Nay: (0). Motion carried. (8.4) Approval of the Capital Improvement Plan for the Salina Bicentennial Center. Dion Louthan, Director of Parks and Recreation, explained the proposed plan, estimated costs, and options. Commissioner Shirley expressed concerns regarding some of the requests being made. ' A discussion followed between Commissioner Shirley, Chris Berg, Mayor Jennings, and Deputy City Manager Michael Schrage regarding landscaping and irrigation requirements. Mayor Jennings questioned on whether a kitchen design has been laid out. Mr. Berg noted that there is a design and that the current kitchen is too small and is not adequate. Commissioner Householter questioned whether or not there where any concerns with the items under Building Maintenance. Commissioner Shirley noted her concerns with the office furnishings, kitchen equipment, staging equipment, and signage on Midway and Ohio. A discussion followed between Commissioner Shirley, Mr. Berg, Mr. Schrage, and Commissioner Page 2 Angell regarding the office furnishing, kitchen equipment, code requirements, staging equipment, and the need to purchase real estate for placement of the sign. Commissioner Householter questioned the use of naming of items such as scoreboards and the use of that revenue. Mr. Berg responded. w Commissioner Crawford noted that she was ready to approve sound system and rigging; however, could not approve the full request. N Tracey Sin, 304 S. Connecticut, commented on the revenue generate and jobs created by ' Global Spectrum. 3 Commissioner Angell noted that she feels that these items need to be done; therefore, would support the plan with a reduction of the Community Art and Design fund. Mayor Jennings felt that maintenance of the center has been deferred for many years and is in favor of the projects. Commissioner Householter concurred with Mayor Jennings and felt that the requests are appropriate. Commissioner Shirley noted that she agreed that there are maintenance issues that need to be addressed, but to do them during these economic times would be fiscally irresponsible. 12-0312 Moved by Commissioner Angell, seconded by Commissioner Householter, to adopt the Capital Improvement Plan and reduce the Community Art and Design fund to $50,000 for the Salina Bicentennial Center. Aye: (3). Nay: (2) Crawford, Shirley. Motion carried. (8.5) Resolution No. 12-6958 authorizing an agreement for economic development services with the Chamber of Commerce. Michael Schrage, Deputy City Manager, explained the agreement and funding. ' 12-0313 Moved by Commissioner Crawford, seconded by Commissioner Shirley, to adopt Resolution No. 12-6958. Aye: (5). Nay: (0). Motion carried. (8.6) Resolution No. 12-6959 authorizing a license agreement with Property Partners, LLC to allow a private step and associated handrail in a public alleyway east of Santa Fe between Iron Avenue and Ash Street. Dan Stack, City Engineer, explained the request and agreement. 12-0314 Moved by Commissioner Householter, seconded by Commissioner Shirley, to adopt Resolution No. 12-6959. Aye: (5). Nay: (0). Motion carried. (8.7) Resolution No. 12-6960 amending the City of Salina Personnel Manual. Natalie Fischer, Director of Human Resources, outlined the proposed amendments. 12-0315 11 Moved by Commissioner Householter to adopt Resolution No. 12-6960. Motion died due to lack of a second. A discussion followed between the Commissioners, City Attorney Greg Bengston, and Deputy City Manager Michael Schrage on the enforceability of Article 4 and 5. 12-0316 Moved by Mayor Jennings, seconded by Commissioner Angell, to adopt Resolution No. 12- 6960 and to amend Articles 4 and 5 to revert back to the policy prior to July 23, 2012. Aye: (3). Nay: (2) Crawford, Householter. Motion carried. (8.8) Award of contract for the demolition of six single-family structures. Gary Hobbie, Director of Development Services, explained the project, bids received, non-compliance from the low bidder, and request to award to the next bidder. 12-0317 Moved by Commissioner Angell, seconded by Commissioner Householter, determine that the low bidder Diehl Construction has failed to satisfy the bid requirements and disqualify them from consideration and award the project to T & R Dirt Construction in the amount of $58,420.07 subject to completion of all contract requirements included in the bidding contracts. Aye: (5). Nay: (0). Motion carried. Page 3 J (8.9) Resolution No. 12-6961 approving a Consent Decree in the case of City of Salina, Kansas, et al, v. United States of America, et al., United States District Court for the District of Kansas at Kansas City, Case No. 10-CV-02298-CM/DJW, among the United States of America and those collectively referred to as the "Public Entities," including = Kansas State University, Unified School District No. 305, Saline County, State of w Kansas, the City of Salina; and the Salina Airport Authority; and approving an Interlocal Cooperation Agreement to be entered into among the Public Entities. Greg Bengtson, City Attorney, summarized the site and usage, soil and groundwater contamination, remediation plan, and consent decree. Commissioner Crawford expressed her gratitude of the work of all the entities that have done. Mr. Bengtson acknowledged the work of the other entities involved. He continued to explain the consent and interlocal agreement. A discussion followed between Commissioner Angell, Mr. Bengtson, and Deputy City Manager Michael Schrage regarding cost sharing and awarding of future contracts for the project. 12-0318 11 Moved by Commissioner Householter, seconded by Commissioner Shirley, to adopt Resolution No. 12-6960. Aye: (5). Nay: (0). Motion carried. 12-0319 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 return at 6:15. Aye: (5). Nay: (0). Motion carried. The City Commission reconvened at 6:19 p.m. (8.10) Lease purchase agreement, amendment to the current interlocal agreement, and contribution agreement regarding the 14VAC system in the City -County Building. Greg Bengtson asked that the City Commission call a special meeting on December 19w to discuss this item. 12-0320 II Moved by Commissioner Shirley, seconded by Commissioner Householter, defer the item special meeting on Wednesday, December 19, 2012 at 12:15 p.m. in Room 206 of the City - County Building. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS None. ADJOURNMENT 12-0321 II Moved by Commissioner Householter, seconded by Commissioner Shirley, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:21 p.m. [SEAL] Lieu Ann Elsey, CMC, City Norman M. Jennings, Mayor Page 4