08-10-1992 Minutes92-310
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
AUGUST 10, 1992
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, August 10, 1992, at 4:00
p.m.
There were present:
Mayor Carol E. Beggs, Chairman presiding
Commissioner Peter F. Brungardt
Commissioner John Divine
Commissioner Stephen C. Ryan
Commissioner Joseph A. Warner
comprising a quorum of the Board, also present:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Jacqueline Shiever, City Clerk
Absent:
None
None
None
CITIZEN FORUM
AWARDS - PROCLAMATIONS
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting August 3, 1992.
(6.2) Approve the Minutes of the Special Meeting August 5, 1992.
(6.3) Set the date of September 1,
1992 as the date to receive bids for
Engineering Project
92-864, 1992 Curb
and Gutter and Concrete
Pavement
Repair.
(6.4) Authorize
the City Clerk to
issue a Surety on Bail Bond Agent
license to James A.
Lewis, agent for E.P.
Nichols Bonding.
Moved by
Commissioner Ryan,
seconded by Commissioner
Brungardt
that all items on the Consent Agenda be approved. Aye: (5) .
Nay: (0) .
Motion adopted.
None
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Second Reading Ordinance Number 92-9524, amending Section 42-442
of the Salina Code pertaining to the floodway fringe overlay district; and
amending Sections 42-656.1, 42-722.1 and 42-782.1 of the Salina Code pertaining
to definitions; and enacting Sections 42-690.2 and 42-785.2 of the Salina Code
pertaining to definitions; and repealing the existing sections.
92-311
92-312
92-313
92-314
92-315
Moved by Commissioner Divine, seconded by Commissioner Warner that
Ordinance Number 92-9524, amending Section 42-442 of the Salina Code
pertaining to the floodway fringe overlay district; and amending Sections
42-656.1, 42-722.1 and 42-782.1 of the Salina Code pertaining to definitions;
and enacting Sections 42-690.2 and 42-785.2 of the Salina Code pertaining to
definitions; and repealing the existing sections, be adopted. Aye: Brungardt,
Divine, Ryan, Warner, Beggs. (5) . Nay: (0) . Motion adopted.
(8.2) First Reading Ordinance Number 92-9525, levying special assessments
against certain lots and pieces of property to pay the cost of cutting weeds on
certain lots and parts of lots and the parkways abutting thereon in the City of
Salina, Kansas.
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that Ordinance Number 92-9525, levying special assessments against certain lots
and pieces of property to pay the cost of cutting weeds on certain lots and
parts of lots and the parkways abutting thereon in the City of Salina, Kansas,
be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted.
(8.3) First Reading Ordinance Number 92-9526, levying special assessments
against certain lots and pieces of property to pay the cost of abatement of
nuisances, located on certain lots and parts of lots in the City of Salina,
Kansas.
Moved by Commissioner Brungardt, seconded by Commissioner Divine
that Ordinance Number 92-9526, levying special assessments against certain lots
and pieces of property to pay the cost of abatement of nuisances, located on
certain lots and parts of lots in the City of Salina, Kansas, be introduced for
first reading. Aye: (5) . Nay: (0) . Motion adopted.
(8.4) First Reading Ordinance Number 92-9527, levying special assessments
against certain lots and pieces of property to pay the cost of sidewalk repair
located on certain lots and parts of lots in the City of Salina, Kansas.
Moved by
Commissioner Ryan, seconded by Commissioner Warner
that
Ordinance Number 92-9527,
levying special assessments against certain lots
and
pieces of property
to pay
the cost of sidewalk repair located on certain
lots
and parts of lots
in the
City of Salina, Kansas, be introduced for
first
reading. Aye: (5) .
Nay:
(0) . Motion adopted.
(8.5) Resolution Number 92-4488, authorizing the Mayor to execute and the
City Clerk to attest Supplemental Agreement No. 1 between the City of Salina,
Kansas and Wilson & Company, Engineers & Architects, regarding the East Dry
Creek Interceptor Sewer Project, in an amount not to exceed two hundred
fifty-five thousand eight hundred fifty dollars ($255,850).
Don Hoff, Director of Engineering and Utilities, reviewed the
agreement for post -design services.
Moved by Commissioner Brungardt, seconded by Commissioner Ryan
that Resolution Number 92-4488, authorizing the Mayor to execute and the City
Clerk to attest Supplemental Agreement No. 1 between the City of Salina,
Kansas and Wilson & Company, Engineers & Architects, regarding the East Dry
Creek Interceptor Sewer Project, in an amount not to exceed two hundred
fifty-five thousand eight hundred fifty dollars ($255,850), be adopted. Aye:
(5) . Nay: (0) . Motion adopted.
(8.6) Resolution Number 92-4489, authorizing the Mayor to execute and the
City Clerk to attest an Addendum to Agreement for Engineering Services
between the City of Salina, Kansas and Bucher, Willis & Ratliff, Consulting
Engineers, Planners & Architects, regarding the East Dry Creek Interceptor
Sewer project, in an amount not to exceed two hundred thirty-two thousand
seven hundred forty dollars ($232,740).
Don Hoff, Director of Engineering and Utilities, reviewed the
services to be performed under this agreement.
92-316
92-317
92-318
92-319
92-320
Moved by Commissioner Ryan, seconded by Commissioner Warner that
Resolution Number 92-4489, authorizing the Mayor to execute and the City
Clerk to attest an Addendum to Agreement for Engineering Services between
the City of Salina, Kansas and Bucher, Willis & Ratliff, Consulting Engineers,
Planners & Architects, regarding the East Dry Creek Interceptor Sewer project,
in an amount not to exceed two hundred thirty-two thousand seven hundred
forty dollars ($232,740), be adopted. Aye: (5). Nay: (0). Motion adopted.
(8.7) Resolution Number 92-4490, authorizing the Mayor to execute and the
City Clerk to attest an agreement between the City of Salina and Missouri
Pacific Railroad Company for a pipeline crossing in connection with the
Interceptor Sewer Project. (license fee of $600.00)
Don Hoff, Director of Engineering and Utilities, reviewed the
crossing agreement.
Moved by Commissioner Divine, seconded by Commissioner Ryan that
Resolution Number 92-4490, authorizing the Mayor to execute and the City
Clerk to attest an agreement between the City of Salina and Missouri Pacific
Railroad Company for a pipeline crossing in connection with the Interceptor
Sewer Project, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.8) Resolution Number 92-4491 concurring with the award of contract for
the Oakdale Avenue Bridge Rehabilitation, Project Number 85U-1258-01.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the project and the bids received.
The Commissioners and staff discussed the construction schedule in
light of the work being done on Crawford Street.
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that Resolution Number 92-44911 concurring with the award of the contract for
the Oakdale Bridge rehabilitation improvements, project number 85U-1258-01, to
Reece Construction Company, Inc., in the amount of $332,737.65 as well as
providing for the remaining local matching funds of $77,195, be adopted. Aye:
(5) . Nay: (0) . Motion adopted.
(8.9) Resolution Number 92-4492, authorizing the Mayor to execute and the
City Clerk to attest the three -party contract for construction engineering
services for the Oakdale Avenue Bridge Rehabilitation, Project Number
85U-1258-01 with KDOT and Mid Continent Engineers.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the agreement for engineering inspection services and the consultant
selection process.
Jim Drake, 2111 Knollcrest Drive, asked for clarification of the
services to be performed.
Moved by Commissioner Brungardt, seconded by Commissioner Ryan
that Resolution Number 92-4492, authorizing the Mayor to execute and the City
Clerk to attest the three -party contract for construction engineering services
for the Oakdale Avenue Bridge Rehabilitation, Project Number 85U-1258-01 with
KDOT and Mid Continent Engineers, be adopted. Aye: (5) . Nay: (0) . Motion
adopted.
(8.10) Resolution Number 92-4493, designating and establishing parking
zones within the City of Salina, Kansas, and the respective time limits
therein; repealing all existing resolutions in conflict with the provisions of
this resolution; and repealing Resolution Number 92-4416.
Moved by Commissioner Ryan, seconded by Commissioner Warner that
Resolution Number 92-4493, designating and establishing parking zones within
the City of Salina, Kansas, and the respective time limits therein; repealing
all existing resolutions in conflict with the provisions of this resolution;
and repealing Resolution Number 92-4416, be adopted. Aye: (5) . Nay: (0) .
Motion adopted.
_ Commission.
Kunn-CnxK Sal
lin
92-321
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92-323
(8.11) Resolution Number 92-4494, providing for cooperation in development
and operation of housing for low income families.
Abner Perney, Director of the Salina Housing Authority, said this
resolution approves the concept of a project for the construction of 100
housing units for low income families. He said grant applications will be sent
to the Department of Housing and Urban Development to fund this project.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that Resolution Number 92-4494, providing for cooperation in development and
operation of housing for low income families, be adopted. Aye: (5) . Nay: (0) .
Motion adopted.
(8.12) Request for Executive Session to discuss pending litigation.
Moved by Commissioner Divine, seconded by Commissioner Ryan that
the Board of Commissioners recess into Executive Session for 15 minutes for the
purpose of discussing a matter deemed subject to the attorney-client privilege,
specifically matters pertaining to the Eisele case, for the reasons that public
discussion would waive the attorney-client privilege and would adversely affect
the City's position in the matter. Aye: (5) . Nay: (0) . Motion adopted.
The Board of Commissioners recessed into Executive Session at 4:40
p.m. and reconvened at 4:55 p.m.
Moved by Commissioner Divine, seconded by Commissioner Warner that
the Commission: 1) Approve settlement of all claims by the City against
Ramaco, Inc. arising from the January 1, 1990, discharge incident for the sum
of $20,000; 2) Upon receipt of the Ramaco $20,000, approve the offer to settle
all plaintiffs' claims against the City for the sum of $36,250, which will be
reduced to judgment; 3) Authorize the dismissal of all claims by the City
against the estate of Merle W. Vincent, deceased, formerly doing business as
Vincent Roto -Rooter Sewer and Drain Cleaning Service; and 4) Authorize the
employment of the Salina law firm of Hampton, Royce, Engleman & Nelson to
pursue recovery of defense costs and the judgment amount in the Eisele law
suit from Maryland Casualty Insurance Company. Aye: (5) . Nay: (0) . Motion
adopted.
None
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that the Regular Meeting of the Board of Commissioners be adjourned. Aye:
(5). Nay: (0). Motion adopted. The meeting adjourned at 4:58 p.m.
-
�T� cf-
Carol E. Beggs, Ma o
(SEAL)
ATTEST:
1 `
JacagZI ine Shiever, CMC
City Clerk