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03-04-2019 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS March 4,2019 4:00 p.m. The City Conunission convened at 2:30 p.m. for Fire Department Performance Analysis at Fire Station No. 3 at 2633 Belmont and at 3:45 p.m. for Citizens Forum at City-County Building, Room 107. The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City-County Building. Roll call was taken followed by the Pledge of Allegiance and a moment of silence. - Those present and comprising a quorum: Mayor Trent W. Davis, M.D. (presiding), Commissioners Joe Hay,Jr., Melissa Rose Hodges, Mike Hoppock, and Karl Ryan. Also present: Michael Schrage, City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. AWARDS AND PROCLAMATIONS None. CITIZENS FORUM Lisa Graham, 1310 E. North Street, provided information regarding a case of unequal treatment by Brad Nelson, Police Chief and Christina Trocheck, City Prosecutor. Michael Schrage, City Manager, stated he had reviewed the incidents with Chief Nelson and the documentation provided by Ms. Graham. He continued to state that staff was not able to come to same the conclusion as Ms. Graham. Mayor Davis asked if there were certain remedies that could be suggested to Ms. Graham or further action that could be taken. Greg Bengtson, City Attorney, stated he was not aware of any offhand. Mr. Schrage agreed. Ms. Graham continued to provide information on the incidents. Mayor Davis asked if Ms. Graham talking with the city prosecutor was an option. Mr. Schrage stated he could try to facilitate that conversation. Commissioner Hodges provided her thoughts on the matter. Mayor Davis thanked Ms. Graham for coming to the commission and stated that Mr. Schrage would be in contact with her. Norman Mannel, Salina, provided his thoughts on the conduct of law enforcement, the need for additional training of the officers and provided information on an article in the newspaper relating to law enforcement. Michael Schrage, City Manager, asked Mr. Manuel if he could provide him with information on the date of the article in the newspaper. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of February 25, 2019. Page I (6.2) Approve Resolution No. 19-7681 appointing members to the Accessibility Advisory Board, Community Art and Design Advisory Committee and Tree Advisory Board. (6.3) Approve Resolution No. 19-7680 authorizing the Mayor to execute a Vault Closure Agreement allowing for closure of an underground vault in the public right-of-way located at 144, 146 and 148 S. Santa Fe Avenue with the Boyd E. Smith Trust. (6.4) Award contract for the 2019 Chip Seal, Project No. 90019, to Circle C Paving and Construction, LLC of Goddard, Kansas, in the amount of $130,649.0 , with a $9,350.95 contingency (7.1%). 19-0058 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Resolution No. 19-7683 authorizing the acceptance of a grant award from the Federal Edward Byrne Memorial Justice Assistance Grant Program as a sub-grantee of the State of Kansas under the Kansas Governor's Grants Program for upgrade of the Computer Aided Dispatch (CAD); authorizing the use of 911 Funds to assist in the funding for any remaining costs associated with the upgrade; and approving an amendment to the City's current agreement with Tyler Technologies, Inc. for the CAD upgrade. Wayne Pruitt, Communications Supervisor, explained the grant program, grant award, the agreement,fiscal impact and action options. Commissioner Hodges complemented staff on their negotiation skills. Commissioner Hodges asked if the fire and EMS software would work with the CAD program. Mr. Pruitt stated the software purchase included the necessary components to allow the programs to work together. Commissioner Hay asked if there was annual maintenance of the system. Mr. Pruitt stated the cost of the annual maintenance was split out between the city and the county. Commissioner Hay asked if the software upgrade would benefit the backup system. Mr. Pruitt stated the backup computers would be upgraded as well. Mayor Davis asked if this item and the anticipated upgrade to the community wide radio system were tied together. Mr. Pruitt stated the radio system and the CAD system were two separate systems. Commissioner Hoppock asked what else was paid out of the 911 funds. Mr. Pruitt stated there was an annual maintenance fee for software from the State of Kansas, CAD, mobile bills, 24-hour voice recorder, and copy machine to name a few. 19-0059 Moved by Commissioner Hay, seconded by Commissioner Hodges, to adopt Resolution No. 19- 7683 authorizing the acceptance of a grant award from the Federal Edward Byrne Memorial Justice Assistance Grant Program as a sub-grantee of the State of Kansas under the Kansas Governor's Grants Program for upgrade of the Computer Aided Dispatch (CAD); authorizing the use of 911 Funds to assist in the funding for any remaining costs associated with the upgrade; and approving an amendment to the City's current agreement with Tyler Technologies, Inc. for the CAD upgrade amending the use of 911 funds in the amount not to exceed $33,220 in Section 1 and the current Page 2 agreement with Tyler Technologies the amount not to exceed $106,600 in Section 2. Aye: (5). Nay: (0). Motion carried. (7.2) Resolution No. 19-7677 authorizing and providing for the removal and replacement of the North Ninth Street Bridge and authorizing the issuance of Temporary Notes and/or General Obligation Bonds of the City to pay the costs thereof. Debbie Pack, Director of Finance & Administration, explained the project, request, fiscal N impact and action options. 09 Commissioner Hoppock asked if the project was for both sides of the bridge or one side. Ms. Pack stated one side. Commissioner Hoppock asked for information on the point scale of the bridges and when would the bridge be not drivable. Dan Stack, City Engineer, stated once a bridge was opened it was automatically a 7 and could continue to downgrade. He continued to state once a bridge was downgraded to a 2 or lower, the bridge could be closed. Jim Kowach, Director of Public Works, stated a bridge listed as a 4 on the point system was safe to the public but was posted at 20 tons. Commissioner Hodges asked if a 20 ton load was equal to most semis. Mr. Kowach stated the truckers were aware of how the ton limit affected them. Commissioner Hodges asked if we get many permits for an oversize load on a bridge. Mr. Stack stated staff gets a half a dozen or less a year for different areas in town. Commissioner Hodges asked if preventative maintenance was performed on bridges prior to the need for replacement and what the typical life span was on a bridge. Mr. Stack stated most bridges were built with less load limits requirements in the 1930's to 1950's than today. He continued to state there were options for rehabilitation but it depended on the structure of the bridge. Michael Schrage, City Manager, stated the inspection schedule was a proactive step and staff had worked to determine if replacement of the bridge was the best option. Commissioner Hodges asked if the authorization was required to bond the project. Ms. Pack stated due to the ordinance we were able to designate the area as a main trafficway. Norman Mannel, Salina, provided his thoughts on the amount of weight a truck can hold. 19-0060 Moved by Commissioner Ryan, seconded by Commissioner Hay, to adopt Resolution No. 19-7677 authorizing and providing for the removal and replacement of the North Ninth Street Bridge and authorizing the issuance of Temporary Notes and/or General Obligation Bonds of the City to pay the costs thereof. Aye: (5). Nay: (0). Motion carried. (7.3) Approve 2019 Vehicles & Equipment Purchases. Debbie Pack, Director of Finance & Administration, explained the bids received, fiscal impact and action options. Commissioner Hodges asked what was included in the total of up to$1,037,040 on the 2019 Sub-CIP sheet. Ms. Pack stated the items highlighted in yellow were moving forward; the items highlighted in green were the three (3) one ton units to be bid on March 15th. She further stated the 5 Ton dump truck would be moved to 2020 and the 6 foot mower would be rebid and the 10 foot mower and 300 gallon turf sprayer were under further review. Page 3 Commissioner Hodges stated the sales tax fund balances and asked if there was some concern with the fund balance being under$750,000. Michael Schrage,City Manager,stated staff was mindful of the target fund balance and the agenda items coming before the City Commission. Commissioner Hodges asked where the 1% increase in the sales tax fund came from. Ms. Pack stated it was just being conservative on items moving forward. Mr. Schrage stated staffs intent was to look at the most recent information and provide the most updated N information when items were presented to the commission. Commissioner Hay asked if we were required to take the low bid. Ms. Pack stated we U typically take the low bid unless it does not meet our specifications. Mayor Davis asked if there was a small percentage amount could the bid be kept local. Mr. Schrage stated we have not adopted a local preference policy. He further provided information from the purchasing policy relating to the bid award. Mayor Davis asked if the bids matched penny for penny what would happen. Mr. Schrage stated it would be up to the Governing Body to determine what the outcome would be. Mayor Davis asked if a low bid did not meet specifications at what point would the bid be rejected instead of listed as not meeting specifications. Mr. Schrage stated there was an obligation to report all bids. He further stated the bids probably do not need to be listed as low bidder on the spreadsheet. Mr. Schrage asked staff to provide information on the entire process of specifications for bidding of vehicles and equipment. Jim Teutsch, Operations Manager, provide detailed information on the specification and bidding process. Commissioner Hay provided his thoughts on selecting a local bid for the purchase of the Half Ton 4x4 Crew Cab pickup. Commissioner Hoppock provided his thoughts on the bid selection. A conversation ensued between the City Commission regarding local bidder's preference. Norman Mannel, Salina, provided his thoughts on a local bidder's preference. Mr. Schrage stated he was aware of the incident Mr. Mannel was referring to and staff had prepared the documentation to show all information available to give the City Commission the ability to make the best decision. 19-0061 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to approve the 2019 Vehicles and Equipment Plan as recommended, authorize staff to proceed with purchases and authorize the City Manager to sign contracts with selected vendors. Aye: (5). Nay: (0). Motion carried. (7.4) Award contract to paint the exterior of five slides at Kenwood Cove Aquatic Park. Jeff Hammond, Recreation Supervisor, explained the project, bids received, fiscal impact and action options. ,19-0062 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to award contract to Dale Cooper LLC dba Safe Slide to paint the exterior of five Kenwood Cove Slides in the amount of $68,800. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS Page 4 OTHER BUSINESS Commissioner Hodges asked if she could have confirmation on the status of the joint tipping fee agreement. Greg Bengtson, City Attorney, stated the exhibits were finalized to reflect the descriptions of the roads and were approved by engineering staff for both the City of Salina and Saline County. He continued to state a joint statement of the City z w Attorney and County Counselor was submitted to Judge Elliott, upon receipt, he replied that he had retired fully as a district court judge and was unable to sign off on the matter. N He further stated that the County Counselor had a conversation with Judge Hickman that would allow Judge Hickman to be reassigned to the case. He further stated that the revised order would be resubmitted to Judge Hickman to review. Commissioner Hodges asked if the revision made any changes of the documents approved by both the Salina City Commission and Saline County Commission. Mr. Bengtson stated there were no modifications to the text and the exhibits were created and approved by both city and county staff. Commissioner Hodges asked what the timetable was to have the matter completed and behind us. Mr. Bengtson stated the joint petition had been filed with the agreement attached. He continued to state once Judge Hickman was assigned to the case, staff would re-file the order. He further stated he hoped it would be completed in the next ten (10) days. Commissioner Hodges thanked staff and Great Plains Manufacturing on the partnership to provide the community opportunity to seed and plant the prairie restoration areas at Indian Rock Park. Commissioner Hodges asked if a parks tour could be scheduled. Michael Schrage, City Manager, stated staff was working to put together a tour schedule. Mr. Schrage provided an update on the concrete of the fieldhouse floor, the downtown streetscape project, the Alley Entertainment Center, downtown hotel, the Police Training Center and the county expo center agreement. Commissioner Hoppock asked if we were still dealing with horizontal and no vertical cracks on the fieldhouse floor. Mr. Schrage stated correct and continued to state there was a need for additional testing on the floor. (9.1) Request for executive session (real estate). I move the city commission recess into executive session for _ minutes to discuss the potential acquisition of specific real estate, the identification of which would be contrary to the public interest, based upon the need for the preliminary discussion of the acquisition of real property pursuant to K.S.A. 75-4319(b)(6). The open meeting will resume in this room at p.m. I19-0063 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive session for 20 minutes to discuss the potential acquisition of specific real estate, the identification of which would be contrary to the public interest, based upon the need for preliminary discussion Page 5 of the acquisition of real property, pursuant to K.S.A. 75-4319(b)(6). The open meeting will resume in this room at 6:05 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission took a 2 minute break at 5:43 p.m. and recessed into executive session at 5:45 p.m. and reconvened at 6:05 p.m. No action was taken. z w ADJOURNMENT 19-0064 Moved by Commissioner Hay, seconded by Commissioner Ryan, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:08 p.m. [SEAL] Trent W. Davis, M.D., Mayor ATTEST: , Shandi Wicks, CMC, City Clerk II I Page 6