Loading...
10-06-1975 Minutes1 172 City of Salina, Kansas Regular Meeting of the Board of Commissioners October 6, 1975 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, October 6, 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 Commissioner Jack Weisgerber comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney W. E. Harris, Deputy City Manager D. L. Harrison, City Clerk Absent: Norris D. Olson, City Manager The Minutes of the Regular Meeting of September 29, 1975 were approved as printed. THE MAYOR PROCLAIMED the Week of October 5 through 11, 1975 - ''FIRE PREVENTION WEEK''. The proclamation was read by Assistant Fire Chief Gordon Nicho s. THE MAYOR PROCLAIMED the Week of October 13 through 17, 1975 - ''HELP YOUNG AMERICA WEEK''. The proclamation was read by Mayor Caldwell for Fred Whitney, Sales Representative of the Colgate-Palmolive Company. STAFF AGENDA THE COMMISSIONERS reconsidered the bids for eight police vehicles from Jim Sullivan Chevrolet Company, and the request from Frank Markley to withdraw the bid because of an error. Mr. Markley, of Jim Sullivan Chevrolet Company, was present and again asked to withdraw the bid he submitted September 29, 1975 for the police vehicles The City Attorney explained if there had been an error on the bid that was obvious on its face where there may have been a unit price bid and it was an error in mathematics, it could be corrected; however where you have a definite bid, and once it is accepted it does become a binding contract between the bidder and the City. However, if you so wish, there is nothing that says you cannot allow him to withdraw the bid; however once you have a bid and once you accept it, it does become a binding contract unless you voluntarily release him. After some discussion a motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to deny the request from Jim Sullivan Chevrolet to withdraw the bid for eight police vehicles. Ayes: Usher, Weisgerber (2). Nays: Duckers, Simpson (2). Mayor Caldwell voted Aye. Motion carried. 173 THE CITY ENGINEER reported on surfacing the tennis courts in the Southeast Park. He said he has had experts in the field come to Salina to check on the courts, and there are a couple of types of surfaces to be considered. The one thing the City is most concerned about is the maintenance of the courts after they have been surfaced. The cost of complete surfacing will be in the neighbor- hood of $1,800.00 for each court. Commissioner Usher asked if it would be cheaper if it were surfaced 4 or 5 feet behind the base line and 1-1/2 to 2 feet on the outside line? basis. Mr. Boyer replied it would be priced on the 'square foot or square yard Commissioner Usher moved that the City of Salina surface the tennis courts at Southeast Park and the tennis courts to be constructed at Sunset Park and those resurfaced at Sunset Park, and that they take the City Engineer's recommendation as to the surface. Commissioner Simpson seconded the motion. Commissioner Weisgerber asked how they would fund the project? Mr. Harris suggested that the courts in Southeast Park could be paid from Contingencies Fund from the 1975 budget and that the other courts could be paid out of next year's Contingencies Fund if that account is running short by the end of the year. Mayor Caldwell called for a vote on the motion. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the Citizens' Advisory Committee recommendin the City Commission designate the area of South Street on the North; Santa Fe on the East; Crawford Street on the South; and the Missouri Pacific Railroad on the West, for the initial rehabilitation program. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to accept the letter from the Citizens' Advisory Committee and establish the core area for rehabilitation for the Community Development Program. Ayes: (5 Nays: (0). Motion carried. A LETTER was received from the Citizens' Advisory Committee recommendin that the City Commissioners enforce the Minimum Housing Code as it is now written and that the code enforcement program be initiated to correspond with the Housing Rehabilitation Program of the Community Development Program, and the balance of the code enforcement program continue as status quo. A motion was made by Commissioner Usher, seconded by Commissioner Simpson to accept the letter from the Citizens' Advisory Committee regarding enforcement of the Minimum Housing Code. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER filed a feasibility report for water and sanitary sewer systems on Woodland Avenue from the west line of Lot 19 to the east line of Lot 4, Block 1, Cloverdale Addition; curbing, guttering, paving, grading and water systems on Prospect Avenue from Ohio Street to the east line of Lot 18, Block 1, Cloverdale Addition; and water main on Prospect Avenue from the east line of Lot 18, Block 1, to the east line of Lot 4, Block 1, Cloverdale Addition, requested in Petition Numbers 3488, 3490, 3500. Several property owners were present speaking in favor of the improvements, and several property owners were present in opposition to the improvements. Dr. Null, County Health Officer, reported the Health Department randomly sampled the private wells on Woodland, Prospect and Van Horne in 1970 and 1973 and of the 18 sampled, 7 were unsafe and 11 were safe, and that the Health Department went on record as recommending at least the water in this area be installed. 174 Mr. Boyer reported that there have been 17 petitions filed for or against improvements in this area in the last few years, and he is recommending the improvements be put in under a statute not allowing a protest, to insure that they are constructed. Mr. Bengtson explained if the Commission determines that a health hazard exists in the area it can order that the sewer be put in regardless of protest, and that we do have a city ordinance that says you must connect your residence to the sanitary sewer, but probably the water could not be forced in for health reasons because there is no city ordinance requiring the residence be hooked up to city water, and asked the Commissioners to give him another week to do some research on the question. Commissioner Simpson asked Mr. Boyer about the cost of the improvements per front foot. Mr. Boyer replied that the water is running about $5.50 and the sewer about $12.00, with the improvements to be paid for over a 10 year period. A motion was made by Commissioner Duckers, seconded by Commissioner Usher that a decision on this be tabled for two weeks. Ayes: (5). Nays: (0). Motion carried. PUBLIC AGENDA A CEREAL MALT beverage license application was filed by Lloyd William Holmgren, d/b/a Pizza Hut, 600 South Broadway. (New application). The City Clerk reported the applicant has paid the required fee and the application has been approved by the Zoning Officer, Police Department, and the applicant requests approval subject to the final approval of the Health Department. A motion was made by Commissioner Usher, seconded by Commissioner Simpson to approve the Cereal Malt Beverage License application subject to the final approva of the Health Department and authorize the City Clerk to issue the license at tha time. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT beverage license application was filed by Steele, Inc., d/b/a Colonial House Restaurant, 1842 North Ninth Street. (New application). The City Clerk reported the applicant has paid the required fee and the applicati has been approved by the Zoning Officer, Health Department, and the Police Department. A motion was made by Commissioner Usher, seconded by Commissioner Simpson to approve the license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT beverage license application was filed by Michael J. Meysenburg, d/b/a East Iron Warehouse, 202 East Iron. (New application). The City Clerk reported the applicant has paid the required fee and the application has been approved by the Zoning Officer and.the Police Department, and the applicant requests approval subject to the final approval of the Health Departmen A motion was made by Commissioner Simpson, seconded by Commissioner Duckers to approve the license application subject to the final approval of the Health Department and authorize the City Clerk to issue the license at that time. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA STATUS OF THE JUVENILE DETENTION AND BOOKING FACILITY. (Sponsored by Mayor Caldwell). Mayor Caldwell asked Max Bishop, architect, if he had any comments to make. Mr. Bishop said they received a letter from Bob Nye, Chief Inspector from the Department of Corrections which listed 8 items for which the plans needed to be adjusted in order to comply with the regulations. He said they had a meeting earlier in the afternoon with the City Police and the County Sheriff representatives to discuss the ways the plans could be changed to comply with these regulations, and in each case decided on a way that it could be done. They were very small in nature and don't involve much in the way of additional or less cost in the plans as they now stand. Commissioner Usher asked how long it would be before bids could be received for the project? 175 Mr. Bishop replied that bids could be received in 40 days. Mr. Lockard, County Commissioner, spoke for the entire County Commission that they are in agreement with the program and are ready to give the go ahead. A motion was made by Commissioner Simpson, seconded by Commissioner Usher to give Mr. Bishop the go ahead to complete the plans and get ready for bidding. Ayes: (5). Nays: (0). Motion carried. STATUS OF THE LIGHTING ON SOUTH NINTH STREET. (Sponsored by Mayor Caldwell). Mayor Caldwell asked the City Engineer for a report. Mr. Boyer reported, ''At the last time we talked here, we were aware Mr. Lampe had had a very positive indication of grant money being available. At that time we really hadn't gotten together yet to see what we really wanted to light it with. Since that time we have met and gone over what we thought was needed out there and required to light the area. Mr. Lampe had met with an engineer from the Secondary Road Department and an engineer from the Federal Highway Administration and he felt that he had a very positive attitude from these 2 people that grant money would be available. I contacted the Federal Aid Urban, Safety Department, and the Assistant Highway Engineer and I got a very negative response from all three of them that we would be eligible for grant money on the project. Now there is one difference between the two areas, that being that the Secondary program is an old established and on-going program and our urban program is a new program and will not even be funded until July next year, and they are saying they are not going into lighting streets initiall . We felt we should make an attempt to get with these people together and find out who is and who isn't going to allow some grant money. If it is through the Federal Aid Secondary, they cannot give the city any grant money for the city's part of it; however there is a condition on theirs that if they get the grant money, well, there are 2 conditions which would apply to ours also, one would be that this would not be our normal street light contract, it must be a capital expenditure for equipment and the installation of equipment. The City and County would have to purchase the equipment and have it installed and this is the portion that you would receive aid on. Then they could be metered and would have to be maintained by the City and County; however a contract with KP&L can be worked out. The other thing that they felt for the County to get their grant in aid would be contingent on the City agreeing that we would provide the same lighting from Otto down to the south city limits so 1 think we are at a point where we need to do a little more talking with the State, and if they don't see any hope of our program being funded I will report back, and a decision can be made if we want to go ahead on our own.'' Commissioner Usher asked the City Engineer if he and the County Engineer are in agreement as to how they want to light the area? Mr. Boyer replied they are in basic agreement. Commissioner Usher asked if the project can be fitted into the proposed lighting budget for 1976 if it is to be funded by the City? Mr. Boyer replied it can be squeezed in. A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Usher to add appointments to the agenda for consideration. Ayes: (5). Nays: (0 Motion carried. THE MAYOR, with the approval of the City Commissioners, made the following appointments: Housing Authority of the City of Salina Peter L. Peterson appointed to succeed Don McPhail for a 4 year term to September 11, 1979. Oliver Green reappointed for a 4 year term to September 11, 1979. 1'7 6) THE COMMISSIONERS did not bring anything to the floor for discussion. A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Usher that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. D. L. Harrison, City Clerk 1 1 1 C WAIVER AND CONSENT TO HOLD A SPECIAL MEETING OF THE BOARD OF COMMISSIONERS We, the undersigned, being the duly elected, qualified and acting Commissioners of the City of Salina, Kansas, and constituting a majority of the Board of Commissioners of the City of Salina, Kansas, do hereby waive notice and consent to the holding of a special meeting of the Board of Commissioners on the 14th day of October, 1975, at 11:45 A.M., for the purpose of reconsidering the bids received for Police vehicles. Dated this 14th day of October, 1975. Commissioners