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11-24-1975 Minutes194 City of Salina, Kansas Regular Meeting of the Board of Commissioners November 24, 1975 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, November 24, 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 Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: None The Minutes of the Regular Meeting of November 17, 1975, were approved as printed. STAFF AGENDA A PUBLIC HEARING was held on the advisability of water main improvement on East Woodland and Prospect, as required by Resolution Number 3250, passed by the Board of Commissioners on November 3, 1975• Mrs. Ralph Fink, 1165 East Woodland; W. R. Jolliff, 1209 Prospect; Jim Fairbanks, 1218 East Woodland were present to protest the improvements. Mr. Graden Rodden, 1426 Prospect, and Mr. and Mrs. Leon Coitz, 1180 East Woodland were present supporting the improvements. A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher that the public hearing be adjourned. Ayes: (5). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: ''A RESOLUTION authorizing and ordering certain curbing, guttering, paving and grading, sanitary sewer, sanitary sewer pump station and force main, water mains and service line improvements, ordering preparation of plans and specifications, and the estimate of costs.'' (Improvements on Prospect Avenue, Key Acres, and Key Acres 2nd Addition - Engineering Project 75-586). A motion was made by Commissioner Usher, seconded by Commissioner Duckers to adopt the Resolution as read and the followin vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3252. THE CITY ENGINEER filed plans and specifications for Engineering Projec 75-586 for improvements on Prospect Avenue, Key Acres, and Key Acres 2nd Addition A motion was made by Commissioner Simpson, seconded by Commissioner Weisgerber to accept the plans and specifications as filed, and set the date of December 15, 1915 to receive bids, and instruct the City Clerk to advertise for bids. Ayes: (5). Nays: (0). Motion carried. 111 IN Mr. Olson explained this agreement is one required by the Environmental Protection Agency. Two things are now required of engineers of public works projects that fall under their jurisdiction. One is access to records clause which grants EPA authority to audit the project records. This affords them access to the City's books and access to the Engineer's books, and the second change to conform with new requirements is that EPA will no longer recognize engineering contracts that call for a percentage of the construction costs as being the engineering fees. It is now based on a lump sum amount. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to authorize the Mayor to sign the supplemental agreement. Ayes: (5). Nays: (0). Motion carried. PUBLIC AGENDA A REQUEST was received from Earlene Smith, Safety Chairlady of the Hageman PTA, to speak to the City Commission concerning the condition of the pedestrian overpass at Broadway and Hageman. Mrs. Smith asked that the condition of the bridge be fixed. She said the concrete is cracked on the top and bottom sides, rods holding the concrete together are showing through, big pieces of concrete have fallen down in the ditch by the highway, there is a big hole on the north side of the highway as you go down against the fence. She asked to have all the large concrete pieces that have fallen down cleaned up and in the winter months to have the overpass cleared of ice and snow because it is so slippery. She asked that the fencing be secured on the bridge, and that the overpass be fenced from one outside edge to the other so there is no way the children can get on the ledges, and that the overpass be completely closed in so there is no way for the kids to be able to climb the fence to swing on the bars. She asked that there be a crossing guard to supervise the overpass because there are children who throw things off the overpass on the oncoming cars, pull hoods off coats, choke the kids by holding onto the hoods, throw rocks at the other kids causing injuries. They have broken neon signs and windows by rock throwing. They take straight pins to school and poke the kids going all the way across the crosswalk. They spit down on the other kids and won't let them pass over the crosswalk. Last year one boy was forced to jump off and broke his leg. Mrs. Charlotte Wilson and Mrs. Bernita Allison were also present concerning their problem. The Commissioners, staff, Mrs. Smith, Mrs. Wilson, and Mrs. Allison discussed the condition of the overpass and the problems involving the children. Commissioner Usher commented that the overpass is something that needs to be taken care of, ''but 1 don't think we can be made responsible for the behavior of children.'' He explained the action of the children is a parental problem, not a City Commission problem. THE CITY MANAGER reported on the status of the Urban Renewal Agency, as requested by the City Commission on November 3, 1975, Mr. Olson explained the procedure to dissolve the Urban Renewal Agency will be to adopt an ordinance disbanding the Urban Renewal Board and naming the City Commission as that board, to be effective January 5, 1976. This ordinance will be ready to be introduced for first reading December 8, 1975. A MOTION was made by Commissioner Usher, seconded by Commissioner Simpson to introduce for an ordinance first reading establishing the license fee for pawnbrokers doing business within the City of Salina, Kansas, at $100.00 a calendar year. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: THE CITY COMMISSIONERS considered a supplemental agreement for services relating to the Water Treatment Plant Sludge Disposal Facilities. IN Mr. Olson explained this agreement is one required by the Environmental Protection Agency. Two things are now required of engineers of public works projects that fall under their jurisdiction. One is access to records clause which grants EPA authority to audit the project records. This affords them access to the City's books and access to the Engineer's books, and the second change to conform with new requirements is that EPA will no longer recognize engineering contracts that call for a percentage of the construction costs as being the engineering fees. It is now based on a lump sum amount. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to authorize the Mayor to sign the supplemental agreement. Ayes: (5). Nays: (0). Motion carried. PUBLIC AGENDA A REQUEST was received from Earlene Smith, Safety Chairlady of the Hageman PTA, to speak to the City Commission concerning the condition of the pedestrian overpass at Broadway and Hageman. Mrs. Smith asked that the condition of the bridge be fixed. She said the concrete is cracked on the top and bottom sides, rods holding the concrete together are showing through, big pieces of concrete have fallen down in the ditch by the highway, there is a big hole on the north side of the highway as you go down against the fence. She asked to have all the large concrete pieces that have fallen down cleaned up and in the winter months to have the overpass cleared of ice and snow because it is so slippery. She asked that the fencing be secured on the bridge, and that the overpass be fenced from one outside edge to the other so there is no way the children can get on the ledges, and that the overpass be completely closed in so there is no way for the kids to be able to climb the fence to swing on the bars. She asked that there be a crossing guard to supervise the overpass because there are children who throw things off the overpass on the oncoming cars, pull hoods off coats, choke the kids by holding onto the hoods, throw rocks at the other kids causing injuries. They have broken neon signs and windows by rock throwing. They take straight pins to school and poke the kids going all the way across the crosswalk. They spit down on the other kids and won't let them pass over the crosswalk. Last year one boy was forced to jump off and broke his leg. Mrs. Charlotte Wilson and Mrs. Bernita Allison were also present concerning their problem. The Commissioners, staff, Mrs. Smith, Mrs. Wilson, and Mrs. Allison discussed the condition of the overpass and the problems involving the children. Commissioner Usher commented that the overpass is something that needs to be taken care of, ''but 1 don't think we can be made responsible for the behavior of children.'' He explained the action of the children is a parental problem, not a City Commission problem. 196 Commissioner Duckers commented "I can appreciate the physical condition of the bridge and I am sure that it needs to be repaired, the fencing and all those things that you said about that, but I can't agree it is the job of municipal government to police kids on the way to and from school, any more than it is any of the other 20 or more schools in town. I mean kids have always thrown stocking caps, spit, thrown clods and everything. I have never known of a City Commission having to handle that type of a problem before." Mrs. Smith, asked who they go to? Commissioner Duckers suggested they start right in their own organization, the PTA and the school administration. Commissioner Weisgerber commented, "If there is something that can be done mechanically or technically to improve this, cover or difference in the fencing, I think we ought to do it, but as far as the behavorial problems are concerned, that is up to the parents first and the school second." Mr. Olson commented that the overpass was left open to keep the kids from crawling up on top and walking across that wire mesh on top of the bridge. Mrs. Smith said if the bridge was closed from the first ramp that goes up to the end of it, there is no way they can get up on top of there. Mr. Olson replied they would be able to get on it at ground level and walk up on the wire and around. Commissioner Duckers said "I think those things need to be taken care of and we can do those things and those are a simple matter; but there is no way you are going to make that kid proof unless the parents and the administratior of the school steps in and explains it to them. If it takes a yard stick to do it then use that." Mrs. Smith commented there is nobody with any authority. The Commissioners said the parents do have the authority. Mrs. Smith replied they do not have authority over anybody else's kids. Mr. Olson asked if they know whose children are misbehaving. Mrs. Smith said, "Most of them, yes." Mr. Olson asked if they would report them? Mrs. Smith said, "It doesn't do any good. Sgt. Clark was there and gave them tickets. I have seen him one day give 6 boys on bicycles tickets." Mr. Olson said, "Their parents are supposed to report to the Police Department also, so they can visit with them. I would suggest that if they go down five days a week that will soon get pretty old and maybe we should start a program of this type. I would not be adverse to it. In other words if your child is misbehaving, you report with him to the Police Department on Monday, and again Tuesday, and again Wednesday, and again Thursday. It will get pretty old by the time you get down there on Friday." Mrs. Smith asked, "Who is going to be this and now you have to go down to the Police the one saying your child did Department with your child?" Mr. Olson replied, "We can take action on view, and we can certainly take your word as reporting, concerned parents if a situation of that type is happening. You have a PTA council and observe things like that.'[ Commissioner Duckers suggested, "Take your turn at duty for a while to get the culprits caught. It is probably just a handful] of kids that is making it miserable for everyone else." 197 A MOTION was made by Commissioner Usher, seconded by Commissioner Simpson to add appointments to Boards and Commissions to the agenda for consideration. THE MAYOR, with the approval of the City Commissioners, made the following appointments: BUILDING CODE ADVISORY BOARD Homer Wells, Mechanical Engineer, reappointed for a 3 year term to June 1, 1978. Norman Miller, Realtor, appointed to succeed Jim Swedlund, for a 3 year term to June 1, 1978. Jack Gillam, Architect, reappointed for a 3 year term to June 1, 1978. BOARD OF ELECTRICAL EXAMINERS 1977. John Salmans, Contractor, reappointed for a 2 year term to July 24, John Wickershan, Master, reappointed for a 2 year term to July 24, 1977 Rolland Johnson, Master, appointed to succeed Clinton Phelps for a 2 year term to July 24, 1977. Bob Hoeffner, Contractor, appointed to succeed Lyle Scott for a 2 year term to July 24, 1977. Rod Anderson, Electrical Engineer, appointed to succeed Karl Stutterhei for a 2 year term to July 24, 1977. Orville Darrow, Electrical Inspector, reappointed for a 2 year term to July 24, 1977. Mr. Olson said, "There are also reports of rock throwing and clod throwing other than in that overpass. This is happening against homes in the mobile home area, misconduct with bicycles places other than the overpass. Some of the parking lots, some of the public properties and some privately owned that we are aware of, so it isn't isolated strictly in the overpass. I am saying there are incidents of misbehavior elsewhere. I don't want to isolate certain types of misbehavior as being related strictly to the overpass." Mrs. Smith said, "I am talking about the safety kids of the going to and from school." Mr. Olson said, "I would relate that the safety of the overpass, as far as structurally being sound, it is sound. The condition of the rebars showing and the falling concrete, and some of this falling is attributed to the liberal use of salt on those approaches. Now the Street Department, that is one of the first places it goes to spread salt, prior to school starting. It is also one of the first places they go to shovel off the snow. I hope you do not expect us to keep a Street Department employee out there all the time it is snowing, so snow accumulates after they once scoop it off, they must get back to running maintainers and everything else during a snow storm. I think the efforts of the Street Department, in my opinion has been pretty good." Commissioner Weisgerber suggested the staff consider the problem and make a recommendation back to the City Commission. Commissioner Simpson said he wants to know what the cost would be to bring the fencing down both sides of the ramps to tie in with the fencing on the top. PETITION NUMBER 3514 was filed by Lyle E. Lightfoot for the approval of the final redevelopment plan in the Northeast Industrial Park. A motion was made by Commissioner Usher, seconded by Commissioner Simpson that the petition be referred to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA A MOTION was made by Commissioner Usher, seconded by Commissioner Simpson to add appointments to Boards and Commissions to the agenda for consideration. THE MAYOR, with the approval of the City Commissioners, made the following appointments: BUILDING CODE ADVISORY BOARD Homer Wells, Mechanical Engineer, reappointed for a 3 year term to June 1, 1978. Norman Miller, Realtor, appointed to succeed Jim Swedlund, for a 3 year term to June 1, 1978. Jack Gillam, Architect, reappointed for a 3 year term to June 1, 1978. BOARD OF ELECTRICAL EXAMINERS 1977. John Salmans, Contractor, reappointed for a 2 year term to July 24, John Wickershan, Master, reappointed for a 2 year term to July 24, 1977 Rolland Johnson, Master, appointed to succeed Clinton Phelps for a 2 year term to July 24, 1977. Bob Hoeffner, Contractor, appointed to succeed Lyle Scott for a 2 year term to July 24, 1977. Rod Anderson, Electrical Engineer, appointed to succeed Karl Stutterhei for a 2 year term to July 24, 1977. Orville Darrow, Electrical Inspector, reappointed for a 2 year term to July 24, 1977. 1 198 BOARD OF BUILDING APPEALS Ron Richmond, reappointed for a 5 year term to August 17, 1980. GRIEVANCE COMMITTEE Richard J. Courter, reappointed for a 3 year term to August 9, 1978. Jim McKim, reappointed for a 3 year term to August 9, 1978. Mrs. Leo Schaeffer, reappointed for a 3 year term to August 9, 1978. HOUSING ADVISORY AND APPEALS BOARD N. C. Grant, reappointed for a 3 year term to September 15, 1978. Rev. J. E. Jones, reappointed for a 3 year term to September 15, 1978. HUMAN RELATIONS COMMISSION Shirley Jacques, reappointed for a 3 year term to November 20, 1978. Dr. Charles Marsh, reappointed for a 3 year term to November 20, 1978. The Commissioners did not bring anything to the floor for discussion. A MOTION was made by Commissioner Simpson, 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