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10-03-1977 Minutes1 1 1 r -A C" •') i f� City of Salina, Kansas Regular Meeting of the Board of Commissioners October 3, 1977 The Regular Meeting of the Board of Commissioners met in the Commissioners' I Room, City -County Building, on Monday, October 3, 1977, 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 Keith G. Duckers, Chairman presiding Commissioner Dan S. Geis Commissioner Karen M. Graves Commissioner Gerald F. Simpson Commissioner Jack Weisgerber 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 September 26, 1977 and of the Special Meeting September 28, 1977 were approved as printed. THE MAYOR PROCLAIMED the Week of October 9 through 15, 1977 - ''FIRE PREVENTION WEEK''. The proclamation was read by Fire Inspector, Jerry Scott. THE MAYOR PROCLAIMED the Month of October, 1977 - ''NATIONAL RESTAURANT MONTH''. The proclamation was read by Mayor Duckers. STAFF AGENDA BIDS WERE RECEIVED for a 20 inch water line on Ohio Street from Crawford Street to Magnolia Road, and on Magnolia Road from Ohio Street to Ninth Street. (Engineering Project 77-626): Stevens Contractors, Inc. $480,384.00 Commence January 3, 1978 and require 180 calendar days Smoky Hill, Inc. 492,679.00 Commence December 1, 1977 and require 240 calendar days J. S. Frank Construction Company, Inc. 493,584.50 Commence December 1, 1977 and require 290 calendar days Garney Utilities Company, Kansas City, Missouri 496;815.00 Commence November 15, 1977 and require 180 calendar days Wilson Constructors, Inc. 514,919.70 Commence November 7, 1977 and require 450 calendar days Earth Excavation, Inc. 525,797.50 Commence January 23, 1978 and require 300 calendar days Engineer's Estimate 530,060.00 A motion was made by Commissioner Graves, seconded by Commissioner Geis to award the contract to Stevens Contractors, Inc., as the low bidder, in the amount of $480,384.00, subject to approval by the City Engineer. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Simpson, seconded by Commissioner Weisgerber to set the date of October 31, 1977 to receive bids for Internal Improvement Bond Series P-21.9, in the amount of $888,000.00, for street and utility improvements, and to instruct the City Clerk to advertise for bids. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Graves to set the date of October 17, 1977 to receive bids to sandblast the Leisure Years Center, (Old Courthouse) and to instruct the City Clerk to advertis for bids. Ayes: (5). Nays: (0). Motion carried. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the vacation of a portion of Front Street, a public street in the City of Salina, Saline County, Kansas." (Requested in Petition Number 3652 filed by Lyle and .Anna Lightfoot). A motion was made by Commissioner Graves, seconded by Commissioner Weisgerber to adopt the Ordinance as read and the following vote was had: Ayes: Weisgerber, Geis, Graves, Simpson, Duckers (5). Nays: (0). Carried. The Mayor approved the Ordinance and it is numbered 8602. The ordinance was introduced for first reading September 26, 1977. A CHARTER ORDINANCE was introduced for second reading entitled: "A CHARTER ORDINANCE exempting the City of Salina, Kansas, from the provisions of K.S.A. 41-719 and providing substitute and additional provisions on the same which relate to the consumption of alcoholic liquor in public places." A motion was made by Commissioner Simpson, seconded by Commissioner Geis to adopt the I Charter Ordinance as read and the following vote was had: Ayes: Weisgerber, Geis,' Graves, Simpson, Duckers (5). Nays: (0). Carried. The Mayor approved the Charter Ordinance and it is numbered 14. The ordinance was introduced for first reading September 26, 1977. A RESOLUTION was introduced and passed authorizing the City to acquire surplus property through the Surplus Property Section, State Department of Administration.. (Replacing function previously administered by the Ozark Regional Commission, GSA and State Civil Defense Office). A motion was made by Commission Weisgerber, seconded by Commissioner Simpson to adopt the Resolution as read and the following vote was had: Ayes: Weisgerber, Geis, Graves, Simpson, Duckers (5)i Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3340. A LETTER was received from the Citizens' Advisory Committee submitting the "Revised 3rd Year Budget" for Salina's Amended 3rd Year Community Development Application to the City Commission for approval. (#B -77 -HN -20-0015). Commissioner Simpson requested that the requests be reviewed on an individual basis as he and Commissioner Weisgerber are members of the Board of the Salvation Army and will abstain from voting on that request. Keith Rawlings reviewed the 3rd Year Amended Community Development Budget and explained the line items. The Commissioners and staff discussed the Community Development Budget and the eligibility of the different expenditures. Captain Boone, representing the Salvation Army, was present and asked that the request for $90,000 be approved so the Salvation Army can finish its facility. It was unable to raise the entire amount for the project. He said they need the extra facilities to serve the needs of the community. An unidentified man was present and asked that the Salvation Army request be approved as there is a need for the services provided by the Salvation Army. Linda Massey, representing the YWCA was present and asked that the !! request for $19,000 for an elevator be approved. She said the YWCA is serving a certain group of people which are handicapped and there is a need for the elevator. Sister Mary Lou Roberts, was present representing the Catholic Charities,;, and asked that the request for $8,000 be approved, as there is a need. A MOTION was made by Commissioner Graves, seconded by Commissioner Geis; to grant the Salvation Army building improvement request for $90,000. 1 1 a1 . Ndb4 Commissioner Geis - Even though I am in the position of seconding Karen's motion, I would like to state that these particular requests have been on my mind all weekend. I have spent a great deal of time with them, there is a great deal of inner conflict even at this moment on my reactions to them, and when Keith made his opening comments as Mayor, he said that things very seldom line up in black and white and there are areas of gray; and I find myself faced with a budget request, requesting an additional $183,000 to locate ball diamonds in an area of Salina to accommodate their removal for the construction of the Bicentennial Community Center, and I see that in an effort to put this money from HUD into what I originally felt to be the purpose for which it was designed I am going to have to go against my grain, as it were, and support its appropriation to private organizations, and I want to say I find that a very difficult decision to make because I do not. I am very uncomfortable going with agencies that are church related but I see that under these circumstances this is probably the best way to get the money to the people where it will do us some good so I second Karen's motion and those are my comments. Commissioner Graves - Of course I think particularly in the case of the Salvation Army I know we are on the receiving end of the solicitations for the building fund and these people have gone to great lengths to solicit the community It is not that they are just coming and seeing their chance for a pie in the sky and make this request, they have really been out beating a path to everybody's door and they have come up to the point where they are not going to be able to get this thing accomplished, or off the ground, unless they get a boost, and I see us in a very special spot of being able to give a boost to something that other people have put up $58,000, and they just can't seem to quite get over the hump and we can make the difference here, and I like the fact that we don't have to start up an existing agency. One is already going over here that is benefiting the community and with our boost we can help it achieve its goal and it is in the target area, it is serving the kind of people that CD funds are supposed to serve and I feel very comfortable with this particular request. Mayor Duckers - Let me paraphrase, maybe, what Dan was saying. I think my head is telling me that we could be opening up a kettle of fish or a bag of worms with this church/state thing while my heart tells me that the Salvation Army certainly does a magnificent job in our community, and I think I am going to hear what he has to say about the social agency part of it and believe they serve all of these people the other however many hours there are in the week other than the one hour perhaps that they have formal worship, and say this is a good thing for our town. Commissioner Simpson - I am not going to vote, but I would like to hear the Captain, I think state that there would not be any exclusions or exceptions to any programs or activities in the Salvation Army Center as opposed to one of our other community centers. In other words we have Memorial Hall going at the present time, the Centennial Neighborhood on the drawing board, Carver Center a new one planned for that, and I am looking upon this as a neighborhood center. Are there any activities that will be carried on in these centers that would be excluded at the Salvation Army Center because it is the Salvation Army? Captain Boone - No, we are here to serve the community and one of our goals is to meet the need of the people, so whatever need arises in the City of Salina if the Salvation Army is in a position to meet that need, for a facility, for funds, whatever it is we want to be available because we sure don't want people to suffer. We want to help the best we can and enhance all the programs that are in the City of Salina, and that we pick up the loose ends where we can do it. Mayor Duckers called for a vote on the motion to approve the grant to the Salvation Army. Ayes: Graves, Geis, Duckers (3). Nays: (0). Commissioners Simpson and Weisgerer abstained. Motion carried. Mr. Olson - I should have made this comment previously, I think this is the time to make this, I think possibly I should have made it prior to Mrs. Grave motion, and I appologize for that, but Keith also contacted Floyd Matledge who is our area rep with HUD. As far as the eligibility of studies, one being surface, studies of surface drainage problems and river study, you interviewed about 3 engineers last week. Second we discussed the possibility, if you should decide in this direction at some point in time to go with a park study or a park and recreation study, either and/or, the studies as such in accordance with what has been referred to at HUD by the Embry memorandum, you could, under planning and management development activities authorize and pay for these types of studies. You will not be able to build any capital improvements however relating thereto unless you could clearly document that the primary beneficiary would be low and moderate income persons. Commissioner Simpson - I might just say a comment aside from this on the study for the flood problem in South Salina, or water drainage problem in South Salina and the river channel study, the Commission did, in accordance with our motion, interview 3 engineering firms last week in regard to this study and staff will be negotiating a contract and hopefully an announcement can be made on that by the 17th Commission meeting. A MOTION was made by Commissioner Simpson, seconded by Commissioner Graves to approve the request of St. Joseph's Children Home for the $8,000 bus. Ayes: (5). Nays: (0). Motion carried. Commissioner Graves - This is one that caused me some problems, becaus of course, philosophically I am so much in tune with the YWCA, and so proud of their work. This is where I really worry about the precedence that we are setting about something that is already in existence and then funding it. would see no end to what this could open up and yet removing architectural barriers for the handicapped, the ramps, all these things are so very important, but the fact that it is already in existence over there really bothers me. I am so afraid then that every group in town is going to come and hand us a bill for something, you know, that they have that they haven't been able to pay for. really worry about that. Are my fears unfounded? I would rather see us start up something that wouldn't have otherwise happened. Mayor Duckers - Of course this is the kind of thing, you know you say you are already paying for a dead horse, but that really isn't a dead horse because what you know they have had their elevator in all along, they have been trying to get funding, but in the meantime through faith or for some other reasor they went ahead and put it in to serve the needs of the very types of people that this is designed to help and I think maybe that may be splitting hair, particularly in light of our recent action as far as the other two agencies are concerned, and I said originally my head probably tells me no on all of these, but my heart says yes and after all you have to do what you think is right. Commissioner Weisgerber - This is quite a recent thing, it is not like we are going back too far. We are talking about setting a precedent and suppose if we do, but the thing that we have to make up our mind to, I think if we do this, and if we are followed with a lot of other requests, which may or may not be, would be simply, you then have no choice except to review them and try to sort out those that are acceptable and those that would not be in view of the funds available. Commissioner Geis - I believe I am sharing Karen's concern on this too, and this was my major reservation that I had to overcome on these other two requests, that we may be establishing a precedent, but perhaps the thing to do is consider every request that comes up, and go from there, because what we did in the past does not necessarily set in concrete or steel what we are going to do in the future. It sure is a sticky business. Commissioner Simpson - I would ask again, just for clarification, although I think your letter states it, are there any exclusions, individuals, or programs that would be accommodated in any of the other CD financed community centers, from the YWCA? Mrs. Massey - No, in fact we actively recruit any low utilage groups that are using the YWCA. 119 A MOTION was made by Commissioner Geis, seconded by Commissioner Simpson to grant the YWCA building request for $20,000. Ayes: (5). Nays: (0). Motion carried. Commissioner Simpson asked if a report has been received back from the meeting with the railroad executives? Mr. Boyer reported there has been some feed back. He said the Union Pacific will be in this week to start replacing their crossings. The Commissioners and staff discussed what would be the best method of proceeding to get the railroad crossings repaired, and the Commissioners instructed Mr. Boyer to get a schedule of repairs from the railroad companies. Commissioner Simpson asked if the increase in limits in the rehabilitati loan and grant program has brought in additional applications? Mr. Rawlings reported they are still processing applications which were previously overlooked, as well as taking new ones. A MOTION was made by Commissioner Simpson, seconded by Commissioner Graves to approve the amended 3rd Year Community Development application as presented. Ayes: (5). Nays: (0). Motion carried. Mayor Duckers thanked the Citizens' Advisory Committee and Planning Department for their long hours in putting the application together. A RESOLUTION was introduced and passed entitled: "A RESOLUTION granting assurances to the U. S. Department of Housing and Urban Development that the City of Salina will comply with certain federal laws hereinafter set forth." A motion was made by Commissioner Geis, seconded by Commissioner Simpson to adopt the Resolution as read and the following vote was had: Ayes: Weisgerber, Geis, Graves, Simpson, Duckers (5)• Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3341. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing the preparation and filing with the Department of Housing and Urban Development of an amended third year Community Development Block Grant Program 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." A motion was made by Commissioner ,Simpson, seconded by Commissioner Geis to adopt the Resolution as read and the following vote was had: Ayes: Weisgerber, Geis, Graves, Simpson, Duckers (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3342. A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Graves to introduce a Charter Ordinance for first reading to repeal Charter Ordinance Number 5, relating to local Police and Fire Pension Plan. Ayes: (5). Nays: (0). Motion carried. Charter Ordinance Passed: Number: PUBLIC AGENDA PETITION NUMBER 3662 was filed by Richard D. Elder, for a waiver of the Urban Renewal requirements to permit a building on Lot 3, Surveyor's Plat "G", to be located 60 feet from the centerline of North Ohio Street and 1 foot from the north property line. A motion was made by Commissioner Geis, seconded by Commissioner Simpson to refer the petition to the City Planning Commission for a recommendation. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE license application was filed by Fred Shaw d/b/a Godfather's Pizza of Salina, Inc., 2450 South Ninth Street. (New application). The City Clerk reported the applicant has paid the required fee and the application has been approved by the Zoning Officer, Health Department and Police Department. A motion was made by Commissioner Graves, seconded by Commissioner Simpson to approve the license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA COMMISSIONER SIMPSON requested the contract for inspection services for the Bicentennial Center be added to the agenda for consideration. A motion was made by Commissioner Graves, seconded by Commissioner Weisgerber to place on the agenda the awarding of a contract for inspection services for the Bicentennial Center. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Graves, seconded by Commissioner Weisgerber to award a contract to Bucher & Willis, Consulting Engineers and Architects, for inspection services for the construction of the Bicentennial Center, and authorize the Mayor to sign the contract. Ayes: (5). Nays: (0). Motion carried. I THE MAYOR asked the City Commissioners to recess into executive session to discuss appointments to boards and commissions. A motion was made by Commissioner Weisgerber, seconded by Commissioner Simpson to recess into executive session to discuss appointments to boards and commissions. Ayes: (5). Nays: (0). Motion carried. The Commissioners recessed at 5:26 P.M. and reconvened at 6:09 P.M. THE MAYOR, with the approval of the City Commissioners, made the following appointments: Convention and Tourism Committee Pat Fromdahl, appointed for a 1 year term to October 1, 1978. Ben Vidricksen, appointed for a 1 year term to October 1, 1978. Bob Castle, appointed for a 2 year term to October 1, 1979. Dave Sanborn, appointed for a 2 year term to October 1, 1979• Russ Norwood, appointed for a 2 year term to October 1, 1979• Pat Guernsey, appointed for a 3 year term to October 1, 1980. Bob Diehl, appointed for a 3 year term to October 1, 1980. Bob Whitworth, appointed for a 3 year term to October 1, 1980. Carroll Cyr, appointed for a 4 year term to October 1, 1981. Bob Ott, appointed for a 4 year term to October 1, 1981. Housing Authority of the City of Salina Earl Bess, appointed to fill the unexpired term of Oliver Green to September 11, 1979. Citizens' Advisory Committee Dr. I. E. Nickell, reappointd to fill his unexpired term to November 25, 1978• A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Simpson that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. The meeting adjourned at 6:10 P.M. D. L. Harrison, City Clerk