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07-31-1972 Minutes174 City of Salina, Kansas Commissioners' Meeting July 31, 1972 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, July 31, 1972, at four o'clock P.M. The Mayor asked everyone to stand for the Pledge of Allegiance to the Flag and a Moment of Silent Prayer. There were present: Mayor Jack Weisgerber, Chairman presiding Commissioner Leon L. Ashton Commissioner Robert C. Caldwell Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: None The Minutes of the Regular Meeting of July 24, 1972, were approved as mailed. STAFF AGENDA THE CITY ATTORNEY reported on the proposed financing for the Cultural Arts Office facility. (Referred to him at the July 24, 1972 meeting) The City Attorney explained that, because of the confusion last week as to the architects estimate, he asked that they confirm their estimate in writing, which they did. He said they indicated that the site development, contingencies, plus the general construction contracts were a total of $23,800. The bids which were received were $23,214, so they are within the engineer's estimate, or below the engineer's estimate, and could be accepted. He said the most feasible method of financing would be to adopt an ordinance for the issuance of General Obligation Bonds under the general improvement section, and once this ordinance is adopted, they could accept the bid and not be in violation of the cash basis law. He said that in the event that, by the end of the year, the Commission has determined that there are funds available from contingencies, or elsewhere within the General Operating Budget, you could go ahead and pay it, and not have to issue bonds. He further explained, you would proceed on the basis of issuing temporary notes and the General Obligation bonds at some later date. It may be that you may never issue the bonds, but you would make a levy a year from now of approximately 4/10 of a mill in Bond and Interest to pay off the temporary notes or obligation bonds, whichever the case may be. Commissioner Caldwell moved that the City Attorney be instructed to prepare an ordinance for the issuance of General Obligation Bonds for the amount of $25,600.00. The motion was seconded by Commissioner Ashton. The City Attorney explained they could not issue bonds for more than they actually need. The ordinance would read that they could issue General Oglibation Bonds not to exceed $25,600, but the amount of bonds to be issued cannot exceed what is actually used for that purpose. Commissioner Cooper said she would just like to say one thing, "I believe everybody understands that this suggested figure of $25,600 in no way reflects an enlargement or an improvement of the program. This is simply for a new home for the Cultural Arts Commission. Also, that this is a period of time when people are asking for more services and more programs; it is also a period of time when people are equally asking government to try and hold the cost of operations, and I would like to know when we plan on trying to do something about this situation? We go along and we grant requests weekly, monthly, day -in and day -out for people who want additional services and programs, but it doesn't say we make any real effort to try and hold down costs. We tell people in this community i who are having a hard time paying the cost for local government, that you also have to pay the rate increase for the taxicabs if you want transportation, that you also have to pay for the water increase that is going to be coming along, you have to pay for the additional fire equipment that this community needs. Well, I think this is right because these are things that we do have to have, but this is an item that would be nice, but we do not have to have it. The program could be administered the same without a new building. I think this is an opportunity for this Commission, if they really want to demonstrate the fact that they are trying to run as efficiently as possible, that they could show this kind of an attitude if they choose to at this time. That is all." Commissioner Losik said, "I can add nothing more to what was said other than to repeat, and I am looking forward to the day when this Commission will honestly make an honest effort and try and save the taxpayers money. That is all I have, and I also call for the question." Mayor Weisgerber called for a vote on the question. Ayes: Ashton, Caldwell (2). Nays: Cooper, Losik (2). Mayor voted Aye. Motion carried. THE COMMISSIONERS RECONSIDERED the bids received for Fire Trucks and recommendations made by the Fire Chief on July 24, 1972. The City Attorney explained that this was referred partially to him and partially to the Chief. He said he did indicate that he did want to take a look at these bids, in as much as there was some indication of possible some of the consideration may have been on the basis of the change that was made after the bids were opened. He said, "As I indicated last week, and as I would reiterate today, the prices and the specifications must be determined as of the date those bids were opened. You cannot, in order to determine whether one bid was high or one bid was low, take into consideration anything that was submitted after the bids were opened; and by the same token, you must consider the specifications as of the date those bids were opened. I think the only part that was in question was the aerial ladder truck, and there was some question of a deduct where a front pump or pump which I am not familiar with, and I have indicated to the Chief that I feel we should not take this into consideration, and by the same token, I think he should base his specifications on the date they were opened. Now, my understanding, as far as the specifications were concerned, the height of one truck did not meet the specifications the day the bids were opened, but by later letter one company indicated they could change the height of the truck. My report to you is this --- you should base your decision as to whether it met specifications as to your bid prices as of the date they were opened and not with any alterations that occurred afterwards. I would also state you are not necessarily obligated to take the lower bid. I think our specifications provided that the City has the right to accept or reject any bids, and by State Law, we are not obligated to take bids on this piece of equipment; however, I think the bids should be based on how they were as they were opened, the specifications as they were opened, and then your decision made accordingly, as to which you feel is the best piece of equipment for the City. If it is low, fine; if it is not, there should be some justification for not accepting it. Fire Chief Bross said he has a written report which was prepared during the week and presented to the City Manager this morning, which again reiterates their justifications for the purchase of an American LaFrance aerial. He said as he understood it last week, there was no question on their recommendation on the pumper. He said, "This week we feel that our recommendation last week was valid, and we come with the same recommendation this week; so therefore, the pumper had no question last week, and we go on with the aerial. Last week, as I said, we justified the purchase of an American LaFrance aerial simply upon the merits of the American LaFrance aerial itself. We pointed out nothing that we had noticed or been told about drawbacks in the other company's apparatus. If we could refer to these companies as American Fire and LaFrance, it might clarify the situation. American Fire reported to us, by their own report, that they have built 20 pieces of apparatus in the history of their company, two of these were 100 foot ladders. We called both of the chiefs of the cities where these 100 foot ladders were claimed to be in service. They both reported to us the ladders are not in service, but one will be delivered in September and the other will be delivered in October. This is part of the reason we did not recommend the other truck. This indicates to us that this 100 foot ladder truck will be a prototype apparatus. These trucks are built up from a Grove aerial ladder, North American Fire pump, various valves, connections, piping, and of course both manufacturere use the same engine, the same transmission, and roughly the same rear end, drive line, axles, brakes and so forth. Our concern here is that in the building of this apparatus, modifications would be made from the two they are working on now, which would make it impossible for us possible to get components of the apparatus for repair in the future. If our apparatus exceeds 114 inches in height, due to the incline ramp and the overhang of the ladder to the rear, it won't enter the apparatus door, and we can't park it in the station, so the apparatus has to be under the total height of 114 inches. The original drawing that came with the American Fire specifications stated that the apparatus would be 115 inches in overall height. Now that doesn't seem like much, but we can't be responsible for this apparatus getting in the door if it is over 114 inches. Our staff officers represent over 125 years of service in the Fire Department, and we are concerned with the Fire Department and the City of Salina, and all the citizens that we serve in the City and our recommendations are based on consideration for all these people. If you have any questions, I'd be glad to answer them." Commissioner Losik asked if the representatives from American Fire and American LaFrance were present. He said maybe these gentlemen could shed some light on the problem. Mr. Anderson, American Fire Apparatus Company of Battle Creek, Michigan, and Mr. George Kline, American LaFrance Equipment Company were present. Each spoke on the qualities of his equipment. Commissioner Ashton asked the American Fire representative if all the information related today was made available to the Fire Department prior to today. Mr. Anderson said they sent a representative of the Grove Manufacturing Company and he gave them the details of the Grove aerial. Commissioner Cooper asked Chief Bross if, when the specifications were drawn up, did he at that time among the other requirements specify that it would have to have a clearance of not to exceed 114 inches? Chief Bross explained that this was part of the specifications, and it would have to be strictly complied with, because of the height of the apparatus doors. Commissioner Cooper said, "Then American Fire did not meet this requirement?" Chief Bross replied that they did not, not in their original drawing. He added that one week later, by special mail, they did say they could build the truck to 114 inches; but at the time the bids were opened, they did not meet the specifications. Commissioner Losik asked if the other company met all the requirements. Chief Bross replied that they did. Mr. Charles Walker, a local businessman, said Gary Weis has been in business here for 10 years, he has several people employed, they all pay taxes, and Gary pays a lot of taxes. Gary takes care of 80 - 90% of the fire trucks purchased in Kansas. He said we have a man right here in Salina that manufactures his own fire trucks as well as represents the American Fire Apparatus Company. He met all the specifications, possibly with the exception of the 114 inches, which they can comply with. He was the low bidder. He said he did not see how they could consider giving the bid to an out-of-town concern. We would all appreciate the bid staying local. Chief Bross also mentioned that there were 11 unanswered questions on the American Fire Apparatus questionnaire, these would be additional things that did not meet the specifications. Gary Weis said if there were 11 unanswered questions, he was not aware of it. Mayor Weisgerber commented that Mr. Weis had the bid on the pumper, but he personally feels they are new in the building of an aerial of this size. Mr. Weis said he would like to add one more thing, to let the Commissioners know this field is not new to him. The different cities in Kansas are constantly dealing with them because they do give service. He said he has taken many of the American LaFrance customers away from them, because his company will give them service. Chief Gross stated they are basing their recommendation on a 25 year old truck that is still in service, and they have no problems whatsoever in getting parts for this piece of equipment. He said they do their own maintenance on all of the equipment. Commissioner Losik said he would like to make a point blank statement, "You are saying that the American LaFrance is your choice of vehicles. Do you say the American Fire apparatus does not meet your specifications? Does it meet your specifications for an aerial of this size?" 1 C I i Chief Bross answered, "No, sir, not as received as of the day the bids were opened."I Commissioner Losik added, "Based on the 1" clearance, is that right?" Chief Bross replied, "And 10 additional unanswered questions in the questionnaire". Chief Bross went forward to talk with the Commissioners and show them the drawings of the equipment. Commissioner Losik asked if the American Fire Equipment did not meet the specifications, why wasn't it stated then, that after checking it over, it didn't meet the specifications, instead of using the justification that was used? Chief Bross replied, "I had hoped you would award the bid on merits. I didn't want to get into a public discussion of faults in the bids." Commissioner Cooper commented that she had no knowledge of Fire Equipment, and she can appreciate what the people are saying about the local business, but she said, "At the same time the City does have a set procedure which we must follow. American Fire or American LaFrance, neither one, confines their business transactions to just their community, so they cannot expect their purchasers to confine their business transactions to the particular community. The Chief has said to this Commission that he believes the American Fire aerial does not meet the specifications, so if it does not meet the specifications then of course, it would not be the low bidder. That's the only way I know how to say it, even though I do understand what they are saying about the cost involved and the fact that some think the money should be applied locally. American Fire, on the breakdown of the bid sheet, appears to be the low bidder, but they did not meet the specifications. Is this correct?" Chief Bross replied, "Yes." Commissioner Ashton commented that we are all concerned with business here in the City of Salina, and are obligated to take care of one another, but we are talking about a piece of equipment to be used 25 years or longer. He said he feels this is a very important issue. He feels the Fire Chief and the people in the Fire Department are the ones who should judge and make the decision, because we as Commissioners never use the equipment and we have to base our decisions on what they feel would be best for their department; and with these thoughts in mind, I would like to bring my motion before the Commission that we go along with the Fire Chief and Captains who have analyzed this and recommended to the City Commission that we purchase the American LaFrance Aerial for $92,902.00, and the American Fire Pumper for $55,351.00. The motion was seconded by Commissioner Cooper. Ayes: Ashton, Caldwell, Cooper, Weisgerber (4). Nays: Losik (1). Motion carried. A MOTION was made by Commissioner Ashton, seconded by Commissioner Caldwell to introduce an ordinance for first reading for the levying of special assessments against certain properties to pay the cost of the demolition of structures located thereon, which were ordered removed or demolished by the Public Officer pursuant to Article II of Chapter 16 of The Salina Code. (Total amount of assessments is $12,650.00.) Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: VJ 7 z Number: 72 3 S A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing the temporary investment of approximately $760,000.00 of Idle Funds of the City of Salina, Kansas." A motion was made by Commissioner Ashton, seconded by Commissioner Cooper to adopt the Resolution as read and the following vote was had: Ayes: Ashton, Caldwell, Cooper, Losik, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3125. THE CITY ENGINEER reported on various streets to be machine overlaid which was referred back to him on June 26, 1972, for re -checking. A motion was made by Commissioner Losik, seconded by Commissioner Cooper to accept the recommendation of the City Engineer, and set the date of August 14, 1972, as the date to receive bids, and to instruct the City Clerk to advertise for bids. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA None 4 t None PUBLIC AGENDA MISCELLANEOUS AGENDA MAYOR WEISGERBER announced that the meeting next Monday will be at 7:00 o'clock to have a Budget Hearing, and to consider all other items on the agenda. COMMISSIONER LOSIK said he would like to bring up an item about the Salina City Planning Commission, if the other Commissioners agreed, referring to an item on the Salina City Planning Commission agenda for tomorrow, concerning an area outside the City and within the three mile limit. He asked how the Salina City Planning Commission can hold a hearing on something we have no control over. Mayor Weisgerber said he feels the County Commissioners are trying to have the Salina City Planning Commission look these things over, until the Metropolitan Planning Commission becomes final. He said he feels the County Planning Commission wants to cooperate with the Salina City Planning Commission, and asked for their opinion to use as a guideline. Commissioner Losik said he is not against it, but he would like to know what is legal. The City Attorney explained that he heard this morning that the Saline County Planning Commission wanted an opinion from the Salina City Planning Commission. He said he didn't think there is anything wrong with the Salina City Planning Commission giving a recommendation. The Salina City Planning Commission cannot rezone it. It must be done according to State Law. The County Attorney will have to determine if they have complied with State Law. Commissioner Losik asked, "Can the Salina City Planning Commission legally hold this public hearing on that parcel of land?" The City Attorney said there is nothing illegal about them having a hearing on it, but as far as it having any validity, will have to be determined by the County Attorney. Commissioner Losik said, "Then technically that item is an informal portion of the meeting." The City Attorney replied that is correct. COMMISSIONER COOPER asked if we have had formal approval of the agreement for the Metropolitan Planning Commission. The City Attorney said he called the Office of the Attorney General again on Friday, and left word for him to call back. He never did call. The City Attorney said the Assistant Attorney General assured him some time ago that it was okay, and that we would have the final thing a week ago today, so he doesn't know how we stand on it. A motion was made by Commissioner Ashton, seconded by Commissioner Losik that the Regular Meeting of the Board of Commissioners adjourn. Ayes: (5). Nays: (0). Motion carried. D. L. Harrison, City Clerk