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.
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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.
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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?
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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
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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