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11-10-1980 Minutesi9+6 Commission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS NOVEMBER 10, 1980 4:00 P.M. The Regular Meeting of the Board of Commissioners met in the City Commission Meeting Room, City -County Building, on Monday, November 10, 1980, at four o'clock P.M. There were present: Mayor Dan S. Geis, Chairman presiding Commissioner Roy W. Allen Commissioner Keith G. Duckers Commissioner Karen M. Graves Commissioner Merle A. Hodges comprising a quorum of the Board, also present: L. 0. Bengtson, City Attorney D. L. Harrison, City Clerk Rufus L. Nye, City Manager Absent: None None CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The Mayor presented plaques of appreciation to past board and commission members: Judith Curran and Marilyn Urion, members of the Citizens Advisory Committee; and Rev. James Rhaesa, member of the Grievance Committee. (4.2) The Mayor proclaimed Friday, November 14, 1980 - "OPERATING ROOM NURSE DAY". The proclamation was read by Pat Cardinal, Surgery Supervisor and President of the Association of Operating Room Nurses. None PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting November 3, 1980. (6.2) City Engineer files a feasibility report for Petition Number 3798, requesting the acquisition of an existing privately owned drainage canal to serve certain lots in Mayfair Addition. (6.3) City Engineer reports on the sufficiency of Petition: Number 3799, filed by Richard Barlow for water and sanitary sewer improvements for certain lots in Eastridge Addition. (6.4) Resolution Number 80-3515 - authorizing the preparation and filing with the Department of Housing and Urban Development of a small cities Community Development Block Grant Program pre -application; designating the City Manager as the authorized representative of the City of Salina to act in connection with the application and to provide such additional information as may be requested. Geri Jones, Martin Luther King Child Care Center, said they need to purchase the land that they are presently leasing for playground area for the center. The owner wants to sell, not lease, the ground. She asked if funds would be available under the Community Development Block Grant application for this type of purchase. 197 80-290 Moved by Commissioner Duckers, seconded by Commissioner Graves that the application to be filed with HUD be amended to include $6,500 for the acquisition of land for Martin Luther King Child Care Center. Aye: Allen, Duckers, Graves, Geis (4). Nay: Hodges (1). Motion adopted. 80-291I) Moved by Commissioner Duckers, seconded by Commissioner Hodges that all items on the consent agenda be approved. Aye: (5). Nay: (0). Motion adopted. DEVELOPMENT BUSINESS None ADMINISTRATION (8.1) Second Reading Ordinance Number 80-8817 - levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas, for the purpose of paying a portion of the cost of street and utility improvements in Meyer and Platten Additions. [Engineering Project 79-6551 80-292 Moved by Commissioner Allen, seconded by Commissioner Hodges that Ordinance Number 80-8817, levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas, for the purpose of paying a portion of the cost of street and utility improvements in Meyer and Platten Additions, be adopted. Aye: Allen, Duckers, Graves, Hodges, Geis (5). Nay: (0). Motion adopted. (8.2) Second Reading Ordinance Number 80-8818 - providing the establishment of a convention and tourism committee and providing the procedure for appointment thereto; amending Section 32A-13 of the Salina Code and repealing the existing section. 80-293 Moved by Commissioner Graves, seconded by Commissioner Duckers, that Ordinance Number 80-8818, providing the establishment of a convention and tourism committee and providing the procedure for appointment thereto; amending Section 32A-13 of the Salina Code and repealing the existing section, be adopted. Aye: Allen, Duckers, Graves, Hodges, Geis (5). Nay: (0). Motion adopted. (8.3) First Reading Ordinance Number 80-8819 - prohibiting the sounding of a train whistle, air horn, or any similar noise -making warning devices at railroad crossings of streets and avenues in the City of Salina, Kansas, protected by electronic warning devices and prescribing penalties for the violation thereof; enacting Section 22-256 and 22-257 of the Salina Code. 80-294 Moved by Commissioner Duckers, seconded by Commissioner Allen that Ordinance Number 80-8819, prohibiting the sounding of a train whistle, air horn, or any similar noise -making warning devices at railroad crossings of streets and avenues in the City of Salina, Kansas, protected by electronic warning devices and prescribing penalties for the violation thereof; enacting Sections 22-256 and 22-257 of the Salina Code, be introduced for first reading. John Mize, attorney for the Hilton Inn, gave the Commission a copy of the letter and proposed ordinance he mailed to the UPRR. He asked the City Commission to enact this ordinance for the customers of the Hilton Inn, and said this ordinance is long overdue. Phil Lewis, Attorney for the Union Pacific Railroad, said if the Commission sees fit to pass this ordinance, he wants a section added to it to save the Railroad harmless for any action caused from accidents. He wants the city to assume all liability at crossings. He said since September 12, 1980 they stop switching after 11 P.M. Rich Davis, Manager of the Hilton Inn, said they blew the train whistle 23 times between 7 P.M. and 11 P.M. and the train is never moving faster than a man can walk. Larry Doner, Locomotive Engineer, stated he doesn't blow the whistle unless he is actually going to cross the intersection. To eliminate the blowing of train whistles could cause accidents and probably death, and he wants no part of this. George Ohnstat, Investigator for the Union Pacific Railroad, claims people will disregard a flashing light signal, but will stop when they hear a train whistle. He feels this ordinance, if passed, should include individual crossings rather than all crossings. Pat Guernsey, Manager of the Hilton Inn for 14-1/2 years stated they have never had any cooperation with the railroad about their whistling. The Commission took no action on Commission Action Number 80-294. 80-295 Moved by Commissioner Duckers, seconded by Commissioner Graves to postpone action for 2 weeks so the Union Pacific Railroad and the Hilton Manager can get together for a meeting, and that the Mayor is to be present at this meeting. Aye: (5). Nay: (0). Motion adopted. OTHER BUSINESS The Mayor, with the approval of the Board of Commissioners, made the following appointments: Convention and Tourism Committee Moira Brouddus, appointed to succeed Pat Guernsey for a 4 year term to October 1, 1984. 8o-296 Moved by Commissioner Hodges, seconded by Commissioner Duckers that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion adopted. QJ4-- '4A r Act.,— Dan S. Geis, Mayor (SEAL) ATTEST: 1 D. L. Harrison, City Clerk