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08-28-1978 MinutesCity of Salina, Kansas Regular Meeting of the Board of Commissioners August 28, 1978 j The Regular Meeting of the Board of Commissioners met in the City Commission Meeting Room, City -County Building, on Monday, August 28, 1978, at four o'clock P.M. i j The Mayor asked everyone to stand for the opening ceremony. j� There were present: Mayor Jack Weisgerber, Chairman presiding Commissioner Keith G. Duckers j Commissioner Dan S. Geis Commissioner Karen M. Graves Commissioner Gerald F. Simpson I icomprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager it D. L. Harrison, City Clerk i Absent: None The Minutes of the Regular Meeting of August 21, 1978 were approved as ;printed. THE MAYOR PROCLAIMED the Weekend of September 2, 3, and 4, 1978 - "MUSCULAR DYSTROPHY WEEKEND IN SALINA". The proclamation was read by Dave Lourie, Music Director of KSKG. I THE MAYOR PROCLAIMED September and October, 1978 - "UNITED WAY CAMPAIGN MONTHS". The proclamation was read by Michael J. Sanders, Executive Director of the United Way of Salina. STAFF AGENDA BIDS WERE RECEIVED for an addition to the Salvation Army Building: (To be constructed with Community Development Block Grant Funds). General Construction Work Albers Construction, Inc. Base Bid $158,545.00 Combined 213,718.00 Will require 240 calendar days for completion. J. S. Frank Construction Company, Inc. Base Bid 163,800.00 Will require 180 calendar days for completion. Western Construction, Inc. Base Bid 165,000.00 Combined 221,000.00 Will require 200 calendar days for completion. Harbin Construction, Inc. Base Bid Will require 270 calendar days for completion. Mechanical Work Salina Heating and Air Conditioning, Inc. Hagan Brothers, Inc. 174,300.00 $35,980.00 36,990.00 194 Electrical Work Webb Johnson Electric, Inc. 15,300.00 AAA Electric, Inc. 18,000.00 Lytle Electric, Inc. 18,416.00 Merriman and Hoeffner Electric, Inc. 19,800.00 Engineer's Estimate General Construction $168,000.00 Mechanical Work 46,000.00 Electrical Work 21,000.00 Total $235,000.00 A motion was made by Commissioner Simpson, seconded by Commissioner Duckers, to refer all bids to the architect and engineer for review and checking and a report back on September 11, 1978. Ayes: (5). Nays: (0). Motion carried. BIDS WERE RECEIVED for Engineering Project 77-628 for street and sanitary sewer improvements for the Midway: J. S. Frank Construction Company, Inc. $110,075.64 Commence September 15, 1978 and require 240 calendar days. Smoky Hill, Inc. 122,457.00 Commence November 1, 1978 and require 150 calendar days. Engineer's Estimate 124,890.00 A motion was made by Commissioner Geis, seconded by Commissioner Graves to award the contract to J. S. Frank Construction Company, as the low bidder in the amount of $110,075.64, subject to the bid meeting the specifications, Ayes: (5)• Nays: (0). Motion carried. AN ORDINANCE was introduced for second reading entitled: ''AN ORDINANCE establishing service charges for city refuse collection service within the City of Salina, Kansas, amending Section 31-17 of the Salina Code and repealing the existing section.'' A motion was made by Commissioner Graves, seconded by Commissioner Duckers to adopt the ordinance as read and the following vote was had: Ayes: Graves, Simpson, Duckers, Geis, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Ordinance and it is numbered 8654. The ordinance was introduced for first reading August 21, 1978 THE CITY ENGINEER filed a feasibility report for water main improvements in part of Eastridge Addition, as requested in Petition Number 3705, filed by Richard Barlow. A motion was made by Commissioner Simpson, seconded by Commission Geis to accept the feasibility report as filed. Ayes: (5)• Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3702, filed by Joe Mendicina, President of Park Limited, for the vacation of the easement for roadway purposes in Lot 1, Block B; Lots 1 and 9, Block C, Park West Addition, ''Due to the nature of the development in this area, neither the Engineering nor the Planning Department see any need to retain this easement. We would recommend that this easement for roadway purposes be vacated, as requested, with the understanding that the vacation in no way effects the limited access presently in effect on the west side of Broadway Boulevard.'' A motion was made by Commissioner Duckers, seconded by Commissioner Graves to accept the recommendation of the City Engineer and approve the petition and to introduce an ordinance for first reading to vacate the easement. Ayes: (5)• Nays: (0). Motion carried. Ordinance Passed: Number: pr 11 1 195 THE CITY ENGINEER reported on Petition Number 3719, filed by D. L. Sampson, for recessed parking on Gold Road between 9th Street and 5th Street, "This parking would extend onto Lots 1, 2, 3, 4, Block 1; and Lots 1, 2, 3, 4, 5, Block 2, Grain Belt Subdivision. Gold Road is to be paved 40 feet wide, but the right-of-way is only sixty feet wide. This is in a heavy industrial area and we do not see any objections to allowing this recessed parking if the depth of the recessed area is at least 18 feet back of the street curb." A motion was made by Commissioner Geis, seconded by Commissioner Graves to accept the City Engineer's recommendation and approve the petition. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3723, filed by Security Savings and Loan Association for the vacation of all utility easements shown in Block 4, Schippel Addition. All utility easements in Block 4, Replat of Blocks 4 and 5 and part of Block 3, Schippel Addition shall remain unchanged by this proposed vacation. "This vacation is to clear up a legal technicality which has clouded the title to property in this area. We recommend that the easements shown on the attached map be vacated as we have all necessary utility easements dedicated on a replat of this same area." A moiton was made by Commissioner Simpson, seconded by Commissioner Graves to accept the recommendation of the City Engineer and approve the petition, and to introduce an ordinance to vacate the utility easements for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: THE CITY ENGINEER reported on a request by Robert Houck, Assistant Administrator of St. John's Hospital, to construct a drive and canopy at the East Entrance of St. John's Hospital at Penn Street. "This request is to build a part of the canopy covering this driveway on the street right-of-way. They are asking this approval for aesthetic reasons, as provided for in Section 32-41 of the Salina Code. "The drawings indicate two 1 -foot square brick piers setting 1 -foot into the public right-of-way. These piers are to support a canopy covering the driveway and the public sidewalk. i do not feel this construction would interfere with the public use of the right-of-way. The drawings also indicate a sign suspended between these two piers. Section 36-902(12) in Chapter 36, "Zoning Regulations", of the Salina City Code prohibits the location of a sign on public property except as permitted by awning, canopy, marquee and wall signs in the "C-4, Commercial District". In the event the Commissioners approve the construction of the piers and canopy, the sign would have to be bracketed back onto private property." A motion was made by Commissioner Duckers, seconded by Commissioner Geis to accept the recommendation of the City Engineer and approve the construction of the piers and canopy on city property and that the sign shall be bracketed back onto private property. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Geis, seconded by Commissioner Simpson to introduce an ordinance for first reading authorizing the City of Salina, Kansas, to acquire for industrial development purposes the real property hereinafter described and to construct and purchase buildings, improvements, machinery and equipment to be leased to Pepsi Cola Bottling Company of Salina, Inc., Series of 1978, of said city for the purpose of providing funds to pay the cost of acquiring the real property hereinafter described and to construct and purchase buildings, improvements, machinery and equipment to be leased to Pepsi Cola Bottling Company of Salina, Inc., and prescribing the form and authorizing the execution of a lease by and between said city and said company. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: None PUBLIC AGENDA 19 COMMISSION AGENDA The Commissioners brought the following items to the floor for discussi< Commissioner Graves commented on her remarks last week about singling out one individual for having delinquent taxes in reference to a rezoning request she said she feels something should be done to require all taxes to -be paid to date on property proposed for rezoning. The City Attorney said that the City Commission could request the Planning Commission to check all zoning requests to see if the taxes are current on the specific property being considered for rezoning. A motion was made by Commissioner Simpson, seconded by Commissioner Duckers to put the issue on the agenda for consideration. Ayes: (5)• Nays: (0). Motion carried. A MOTION was made by Commissioner Graves, seconded by Commissioner Duckers that the City Commission adopt a policy that no zoning requests will be considered by the City Commission until all taxes are current on the property being considered for rezoning. Ayes: (5)• Nays: (0). Motion carried. A MOTION was made by Commissioner Duckers, seconded by Commissioner Simpson to recess into executive session to discuss possible litigation, until 5:15 P.M. Ayes: (5)• Nays: (0). Motion carried. The Commissioners recessed at 4:54 P.M. and reconvened at 5:20 P.M. A MOTION was made by Commissioner Graves, seconded by Commissioner Geis that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. The meeting adjourned at 5:21 P.M. D. L. Harrison, City Clerk