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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. 83 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