05-19-1975 MinutesCity of Salina, Kansas
Regular Meeting of the Board
of Commissioners
May 19, 1975
The Regular Meeting of the Board of Commissioners met in the
Commissioners' Room, City -County Building, on Monday, May 19, 1975, 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 Robert C. Caldwell, Chairman presiding
Commissioner Keith G. Duckers
Commissioner Gerald F. Simpson
Commissioner W. M. Usher
comprising a quorum of the Board, also:
L. 0. Bengtson, City Attorney
Norris D. Olson, City Manager
M. E. Abbott, Acting City Clerk
Absent:
Commissioner Jack Weisgerber
D. L. Harrison, City Clerk
The Minutes of the Regular Meeting of May 12, 1975, were approved as
printed.
MAYOR CALDWELL presented a placque "In recognition of service rendered
by W. M. "Bill" Usher as Mayor of the City of Salina, Kansas, April 15, 1974 to
April 21, 1975", and the gavel he used during his term in office, and thanked
him for all his efforts.
Commissioner Usher commented it had been an interesting year and one
he would never trade for anything.
THE MAYOR PROCLAIMED May 31, 1975 - Breath of Life "Baloon Day". The
proclamation was read by Kathy Painter, a volunteer of the Cystic Fibrosis Fund
Drive.
THE MAYOR PROCLAIMED May 24, 1975 - "TAG DAY" in Salina on behalf of
the NAACP Freedom Fund. The proclamation was read by Rev. J. E. Jones for the
NAACP.
STAFF AGENDA
BIDS WERE RECEIVED for four tennis courts on the new park property East
of Salina High School South. (Engineering Project 75-589).
J. S. Frank Construction Company, Inc. $30,357.00
Wilson Constructors, Inc. 38,277.00
Smoky Hill, Inc. 44,386.00
Engineer's Estimate 40,000.00
A motion was made by Commissioner Usher, seconded by Commissioner Duckers to
accept the low bid of J. S. Frank Construction Company, Inc., in the amount of
$30,357.00, providing it meets the plans and specifications of the City Engineer,
and authorize the Mayor to sign the construction contract. Ayes: (4). Nays: (0)
Motion carried.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
providing for the licensing and regulation of Merchant and Private Policemen,
amending Article III of Chapter 28 of the Salina Code; and repealing the existing
Article III of Chapter 28 of the Salina Code." A motion was made by Commissioner
Usher, seconded by Commissioner Simpson to adopt the ordinance as read and the
following vote was had: Ayes: Duckers, Simpson, Usher, Caldwell (4). Nays: (0).
Commissioner Weisgerber absent. Carried. The Mayor approved the Ordinance and
it is numbered 8433. The ordinance was introduced for first reading May 12, 1975.
THE CITY ENGINEER filed plans and specifications for improvements in
Georgetown Addition and Twin Oaks Sub -division. A motion was made by Commissioner
Usher, seconded by Commissioner Simpson to approve the plans and specifications
as filed. Ayes: (4). Nays: (0). Motion carried.
THE CITY ENGINEER filed plans and specifications for a water line on
Van Horne Street. A motion was made by Commissioner Duckers, seconded by
Commissioner Usher to approve the plans and specifications as filed. Ayes: (4).
Nays: (0). Motion carried.
THE CITY ENGINEER filed plans and specifications for paving and grading
of Fairdale Road from Crawford Avenue to Country Hills Road. A motion was made
by Commissioner Simpson, seconded by Commissioner Usher to approve the plans and
specifications as filed. Ayes: (4). Nays: (0). Motion carried.
A MOTION was made by Commissioner Duckers, seconded by Commissioner
Usher to set the date of June 2, 1975 to receive bids for improvements in
Georgetown Addition Twin Oaks Sub -division, Van Horne Water Main, and paving and
grading of Fairdale Road, and instruct the City Clerk to advertise for bids.
(Engineering Project 75-590). Ayes: (4). Nays: (0). Motion carried.
A MOTION was made by Commissioner Simpson, seconded by Commissioner
Usher to set the date of June 2, 1975 to receive bids for sanitary sewer to
serve Lots 1 through 5, Block 1, Wights Addition and instruct the City Clerk to
advertise for bids. (Engineering Project 75-591). Ayes: (4). Nays: (0).
Motion carried.
THE CITY ENGINEER filed plans and specifications for two tennis courts
in Oakdale Park. A motion was made by Commissioner Duckers, seconded by
Commissioner Simpson to approve the plans and specifications as filed and to
set the date of June 2, 1975 to receive bids for the improvements, and instruct
the City Clerk to advertise for bids. (Engineering Project 75-592). Ayes: (4).
Nays: (0). Motion carried.
COMMISSION AGENDA
"DISCUSS FINAL PLANS AND SPECIFICATIONS FOR THE JOINT JUVENILE AND
BOOKING FACILITIES FOR CITY AND COUNTY". (Sponsored by Mayor Caldwell)
Mayor Caldwell commented the City Commission had received information
that the County has sanctioned this project and they are now awaiting word from
the City Commission with the sign to proceed on the project.
Mr. Olson explained that shortly after the first of July, the Governor'
Committee on Criminal Administration will be meeting and considering new
applications for fiscal 1975 money. He said he understands this particular proje
is one that appeals very much to the old board and should appeal to the new board
because it is a joint cooperative effort between two governmental entities and
there is a direct relationship to juvenile work, and suggested the City Commissio
consider submitting a joint application to this committee for the project.
Commissioner Duckers commented it would make sense to wait 6 weeks or
so and file the application, and ask the City Manager to contact the County
Commissioners to see if they would delay their request and submit a joint request
for the funding.
Commissioner Simpson asked Mayor Caldwell if he could foresee word on
the project in the foreseeable future.
Mayor Caldwell said he could.
A MOTION was made by Commissioner Usher, seconded by Commissioner
Duckers to add Discussion of Revenue Sharing to the Commission Agenda for
consideration. Ayes: (4). Nays: (0). Motion carried.
Commissioner Usher explained the 6th entitlement period of Revenue
Sharing will be effective July 1, 1975 through June 30, 1976, and will be up for
discussion and decision making by the City Commission, and that the deadline to
file the report is June 24th. He explained his purpose of putting this on the
Commission Agenda is to ask the news media to inform the community that the City
Commission would like to receive public requests of what the community thinks
the Revenue Sharing funds should be used for, and that the requests should be
in writing by June 2nd in order to allow time for a public hearing and
preparation of the report by June 24th.
MR. OLSON asked the Commissioners to consider the approval of a letter
to HUD officials concerning the supplementary information required on the
Community Development Application.
A motion was made by Commissioner Duckers, seconded by Commissioner
Simpson to add this item to the Commission agenda. Ayes: (4). Nays: (0).
Motion carried.
Mr. Olson explained he went through the history of the application on
the first page and then got down to the meat of what they were asking for on the
second page, and feels the questions HUD asked are answered.
A motion was made by Commissioner Duckers, seconded by Commissioner
Simpson to approve the final draft of the letter to HUD concerning the Community
Development application authorizing the Mayor to sign, and instructed the City
Manager to forward it to the Kansas City HUD office. Ayes: (4). Nays: (0).
Motion carried.
PUBLIC AGENDA
A REQUEST by William Hoeffner to appear to discuss updating cereal
malt beverage ordinances.
Mr. Hoeffner said he and other members of the Salina Tavern Association
had discussed some proposed changed with Chief of Police Woody and Assistant City
Attorney Barta, and they finally decided to come forward for the matter to be
considered by the City Commission.
He said some ordinances were enacted earlier when Camp Phillips and
Schilling were here, and they probably served their purpose at that time, but
they feel now that some changes would be beneficial and that through the Tavern
Association they are trying to upgrade taverns.
Commissioner Usher said he
thought it
would be prudent for the
Commission to pursue the application
going to come close to funding this
because the
project.
old figure
of $80,000 is not
Commissioner Duckers moved
to delay any
immediate
action on this
project and report this discussion to the County
Commissioners
that the City
Commission is going to wait for 5 or
6 weeks and
prefers to
file a joint
application with the County with the
Governor's
Committee on
Criminal Administration
for funding of the project. Commissioner
Usher
seconded the
motion. Ayes: (4).
Nays: (0). Motion carried.
A MOTION was made by Commissioner Usher, seconded by Commissioner
Duckers to add Discussion of Revenue Sharing to the Commission Agenda for
consideration. Ayes: (4). Nays: (0). Motion carried.
Commissioner Usher explained the 6th entitlement period of Revenue
Sharing will be effective July 1, 1975 through June 30, 1976, and will be up for
discussion and decision making by the City Commission, and that the deadline to
file the report is June 24th. He explained his purpose of putting this on the
Commission Agenda is to ask the news media to inform the community that the City
Commission would like to receive public requests of what the community thinks
the Revenue Sharing funds should be used for, and that the requests should be
in writing by June 2nd in order to allow time for a public hearing and
preparation of the report by June 24th.
MR. OLSON asked the Commissioners to consider the approval of a letter
to HUD officials concerning the supplementary information required on the
Community Development Application.
A motion was made by Commissioner Duckers, seconded by Commissioner
Simpson to add this item to the Commission agenda. Ayes: (4). Nays: (0).
Motion carried.
Mr. Olson explained he went through the history of the application on
the first page and then got down to the meat of what they were asking for on the
second page, and feels the questions HUD asked are answered.
A motion was made by Commissioner Duckers, seconded by Commissioner
Simpson to approve the final draft of the letter to HUD concerning the Community
Development application authorizing the Mayor to sign, and instructed the City
Manager to forward it to the Kansas City HUD office. Ayes: (4). Nays: (0).
Motion carried.
PUBLIC AGENDA
A REQUEST by William Hoeffner to appear to discuss updating cereal
malt beverage ordinances.
Mr. Hoeffner said he and other members of the Salina Tavern Association
had discussed some proposed changed with Chief of Police Woody and Assistant City
Attorney Barta, and they finally decided to come forward for the matter to be
considered by the City Commission.
He said some ordinances were enacted earlier when Camp Phillips and
Schilling were here, and they probably served their purpose at that time, but
they feel now that some changes would be beneficial and that through the Tavern
Association they are trying to upgrade taverns.
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Mr. Hoeffner asked that Section 6-48, Hours, days, sales prohibited,
be changed to allow for consumption of cereal malt beverages on the premises for
30 to 60 minutes after sales cease at mignight; and that Section 6-50, Private
rooms. closed booths prohibited, be amended to allow for private party rooms; and
that Section 6-61 Location and visibility of premises, be amended to allow a
place of business to be other than on the first floor, and that curtains be
allowed at the windows; and that Section 6-61.1, Dancing prohibited, be amended
to allow dancing. He explained that dancing was also stopped at the time of
Camp Phillips, and he can't name another town in the State of Kansas that doesn't
permit dancing in taverns that sell 3.2 beer. Mr. Hoeffner explained these
changes would give the tavern owners a little better opportunity to make better
profits and be competitive with the private clubs.
Mr. Roy Peterson, President of the Salina Tavern Association, was also
present, and said he thoroughly agrees with Mr. Hoeffner. He added that the
filling stations are taking away their carry out business.
Commissioner Simpson asked if the request comes on behalf of the Tavern
Owners Association?
Mr. Peterson replied more than half of the tavern owners belong to the
association.
Commissioner Duckers asked if the Association has a criteria for
membership that would prohibit anyone from joining?
Mr. Hoeffner explained the association is put together to upgrade
taverns and not for protection purposes. He said they are trying to gather
criteria to make members ineligible for membership if they get in trouble. He
said if they do cause problems with the law, the association doesn't particularly
want them.
A motion was made by Commissioner Usher, seconded by Commissioner
Duckers to refer the requests for changes in Section 6 of the Salina Code to
the City Manager, Chief of Police, City Attorney, for a report back to the
Commission in two weeks. Ayes: (4). Nays: (0). Motion carried.
A MOTION was made by Commissioner Usher, seconded by Commissioner
Duckers that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (4). Nays: (0). Motion carried.
M. E. Abbott, Acting City Clerk