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12-15-1975 Minutes1 1 1 } 212 City of Salina, Kansas Regular Meeting of the Board of Commissioners December 15, 1975 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, December 15, 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. O. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: None The Minutes of the Special Meeting and the Regular Meeting of December 8, 1975 were approved as printed. STAFF AGENDA BIDS WERE RECEIVED for Engineering Project 75-586 for improvements on Prospect Avenue, Key Acres Addition, and Key Acres 2nd Addition. Part I Smoky Hill, Inc. $106,344.36 J. S. Frank Construction Co. Inc. 108,806.46 Manhattan Trenching and Excavation, Inc. 113,341.03 Earth Excavation, Inc. 130,191.06 Stevens Contractors, Inc. 137,219.36 Engineer's Estimate 138,898.86 Part II (Asphalt Alternate) Brown and Brown, Inc., & Smoky Hill, Inc. $96,886.50 Engineer's Estimate 108,765.00 Part II (Concrete Alternate) Brown and Brown, Inc., & Smoky Hill, Inc. $100,286.50 J. S. Frank Construction Co. Inc. 104,326.32 Maupin Construction Company, Inc. 114,771.40 Engineer's Estimate 108,765.00 A motion was made by Commissioner Weisgerber, seconded by Commissioner Simpson to award the contract to Smoky Hill, Inc., for Part I, in the amount of $106,344.36, providing it meets the specifications. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Duckers to award the contract to Brown & Brown, Inc. and Smoky Hill, Inc. for Part II, for the asphalt alternate, in the amount of $96,886.50, providing it meets the specifications. Ayes: (5). Nays: (0). Motion carried. 213 AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE relating to and apportioning and levying special assessments on certain lots and pieces of ground in the City of Salina, Kansas, to pay the cost of constructing Lateral Sanitary Sewer District Number 531, and relating to and providing for the collection and payment of such assessments." (Engineering Project 75-591, lateral sewer to serve Lots 1 - 5, Block 1, Wights Addition). 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, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8462. The ordinance was introduced for first reading December 8, 1975. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE divesting the Urban Renewal Agency of Salina, Kansas, of all powers previously conferred upon it and restoring such powers to the Governing Body of the City of Salina, Kansas; abolishing the Urban Renewal Agency as heretofore established and repealing Resolution Number 2819." 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, Weisgerber, Caldwell (5). Nays: (0) Carried. The Mayor approved the ordinance and it is numbered 8463. The ordinance was introduced for first reading December 8, 1975. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE prescribing the corporate limits of the City of Salina, Kansas, including land described in Ordinance Number 8458, and repealing Ordinance Number 8404." A motio was made by Commissioner Simpson, seconded by Commissioner Weisgerber to adopt the ordinance as read and the following vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8464. The ordinance was introduced for first reading December 8, 1975. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authoriz and ordering certain water main improvements, ordering preparation of plans and specifications, and the estimate of costs." (Water main on East Woodland and Prospect Avenue). A motion was made by Commissioner Weisgerber, seconded by Commissioner Simpson to adopt the Resolution as read and the following vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3254. A RESOLUTION was introduced and passed entitled: "Whereas, General Battery Corporation, a New York corporation (the "Company", and the City of Salina Kansas, (the "City"), entered into a Memorandum of Agreement dated January 7, 1974 under which the City has agreed to issue and sell its Industrial Revenue Bonds in the amount not to exceed $9,000,000 (the "Bonds") to pay the costs of an industria project as defined in that agreement." (A resolution extending the Amendment to Memorandum of Agreement to January 1, 1977). A motion was made by Commissioner Duckers, seconded by Commissioner Usher to adopt the Resolution as read and the following vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3255. A MOTION was made by Commissioner Simpson, seconded by Commissioner Weisgerber to introduce an ordinance for first reading appropriating money from the various funds to pay payrolls and claims against the City of Salina, Saline County, Kansas, for the calendar year of 1976, as provided in Kansas Statutes Annotated 13-2601. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A MOTION was made by Commissioner Duckers, seconded by Commissioner Usher to introduce an ordinance for first reading providing for the examination, licensing and regulation of all persons engaged in the installation, repairing, alteration, renewal and use of all electrical wiring for light, heat or power and all other electrical equipment, appliances and devices, air conditioning, heating equipment or plumbing in or on a mobile home; establishing Mobile Home Contractors Master Mobile Home Craftsman, Journeyman Mobile Home Craftsman, and Apprentice Mobile Home Craftsman; amending Article XIV of Chapter 9 of the Salina Code and repealing said original Article XIV of Chapter 9. Commissioner Simpson questioned Section 1, Article (C) which states nothing in this act shall prohibit an electrician, plumber or gas fitter from the services. ??4 Mr. Bengtson explained that since they are licensed in that field their license would be acceptable. Mr. Bengtson commented that Section 9-412 (D) should be amended to read "such licenses shall expire on the 31st day of December of each year. No license fee shall be prorated except as provided for in Section 20-9 of the Salina Code." He also suggested that this ordinance be reviewed by the Building Code Advisory Board, so any required amendments could be made when the ordinance is on the agenda for final reading, which should be done prior to the end of the year because of licensing requirements. Mayor Caldwell called for a vote on the motion. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: PUBLIC AGENDA PETITION NUMBER 3515 was filed by Lee 0. Haworth, for street, sewer, water, street signs and street lighting on Edward Street from Bret Avenue to Hartland Avenue; Colonial Lane from Edward to Post Oak Lane; Post Oak Lane from Neal Avenue to Bret Avenue; Colonial Court and Colonial Place. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to refer the petition to the City Engineer for a report. Ayes: (5). Nays: (0). Motion carried. A REQUEST was received from Karen M. Graves, Co -chairperson of the Salina American Revolution Bicentennial Commission, to be present at the City Commission meeting to make a request for additional funding for the city's Bicentennial activities in the coming year. Mrs. Graves presented the Commissioners with a Bicentennial Calendar and a proposed budget sheet. She explained how the plans for the activities have grown. The parade, that started out just as a parade is now going to be a pageant in the streets, and the street fair, that started out just to be a couple of days of people showing their arts and crafts is now going to be a 2 day extravaganza with nationally known entertainers coming in and fun and games for 2 days. The fire plug project has been very successful, the oral history project now has 76 hours of taped interviews. Needlepoint tapestry grew from what was going to be a 3' x 5' panel into a 5' x 8' panel. It is the most ambitious one in the Midwest She said the enthusiasm is building and they are reaching their goal which was to involve people as participants and not just as spectators. She said she feels Salina is a perfect size city, neither too large so that people are disinterested, nor too small so they don't have the resources. She explained the request is for $10,000, which would leave a balance of $45,000, which they will raise from private sources. Mr. Gerald Shadwick was also present. He said the support for the project is already widespread, by both private and governmental agencies. There is an organization developed which will, some time after the first of the year, attempt to raise the other $45,000. He said the key to the thing is that the projects have been so designed so that each and every citizen in the community who wants to can have a part to play in one or more of the projects. Commissioner Simpson asked if the funds are available. Mr. Olson estimated that there will be a balance of $20,000 or $30,000 in the General fund after the prior commitments and demands have been taken into consideration. A motion was made by Commissioner Usher, seconded by Commissioner Simpson to grant the request for $10,000 to the Salina American Revolution Bicentennial Commission predicated on the fact that funds are available on December 31st. Ayes: (5). Nays: (0). Motion carried. Commissioner Usher thanked Mrs. Graves and Dr. Dahlquist and the committees and all the people who are working. Mrs. Graves thanked the City Commissioners and staff for their support. 215 A REQUEST was received from Dale W. Hayse, owner of The Scheme, 123 North 7th Street, to use public property for aesthetic purposes. A motion was made by Commissioner Weisgerger, seconded by Commissioner Usher to refer the request to the City Engineer for a recommendation. Ayes: (5). Nays: (0). Motion carried. A LIST OF SIXTY-FIVE cereal malt beverage license applications for 1976 was considered by the Board of Commissioners. There are 60 renewals and 5 new applications, all of which have been approved by the Zoning Officer, Health Department and the Police Department. A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to approve the Cereal Malt Beverage license applications for 1976, and authorize the City Clerk to issue the licenses. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA "Consideration of agreement with the United Way for implementation of Phase II proposal." (Sponsored by Commissioner Simpson) Commissioner Simpson said, "We had the pleasure last week of meeting with Mr. Ron Elwell and Jane Hardy from MACSI, United Way, and I felt a little better after the meeting as to where we were on this project and on the basis of that conversation and information I would move that we authorize the Mayor to sign the agreement for Phase II of the United Way Project." The motion was seconded by Commissioner Usher. Ayes: (5). Nays: (0). Motion carried. "Discuss the possibility of the Mayor declaring Friday, December 26, as a holiday for city employees." (Sponsored by Commissioner Duckers) Commissioner Duckers said the Mayor has a prerogative, according to the employees manual from time to time on special occasions, of declaring a city wide holiday for employees. He said it seems to make sense since it is a Friday, it would enable the city employees to leave on Christmas Eve and go out of town and have a long weekend. It would be a token of our appreciation for the fine job they do day in and day out and week in and week out, and we should at least consider this." After a short discussion, a motion was made by Commissioner Duckers seconded by Commissioner Simpson to direct the Mayor to declare a holiday the day after Christmas. Ayes: (5). Nays: (0). Motion carried. The Mayor so proclaimed Friday, December 26, 1975 as a holiday. The following items were brought up for discussion by the City Commissioners: Commissioner Simpson said a matter concerning Industrial Revenue Bonds has come to their attention and needs to be taken care of as quickly as possible, and in compliance with the open meeting law requested that they recess into executive session to discuss this industrial revenue bond issue. The motion was seconded by Commissioner Duckers. Ayes: (5). Nays: (0). Motion carried. The commissioners recessed at 4:39 p.m. and reconvened at 5:11 p.m. at which time the Mayor stated they had met in executive session to discuss Industrial Revenue Bonds. Commissioner Duckers asked Keith Rawlings when the City Commission could meet with the Planning Commission to discuss the new zoning ordinance. After some discussion it was decided the Commissioners would meet with the Planning Commission at 2:00 p.m., Monday afternoon, December 22nd. A motion was made by Commissioner Simpson, seconded by Commissioner Duckers that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. D. L. Harrison, City Clerk 1 1 I * 1976 CEREAL MALT BEVERAGE LICENSE APPLICATIONS FOR December 15, 1975 City Commission Meeting 1. Safeway Store #700 1808 South Ninth Street 2. Red Hen Lounge 748 North Broadway 3. Cavalier Club, Inc. 712 North Twelfth Street 4. Dillon Companies, Inc. Store #27 511 East Iron 5. Dillon Companies, Inc. Store #41 1201 West Crawford 6. Dillon Companies, Inc. Store #53 2012 South Ohio 7. Union Station Tavern 717 Bishop 8. P J Lounge 433 South Broadway 9. Mars Restaurant 712 South Broadway 10. Kim's Steak House 1827 South Ninth Street 11. 12. Walgreens 2450 South Ninth Street Long John Silver's Seafood Shoppe 1019 East Crawford 13. Taco Tico, Inc. 916 East Crawford 14. B.P.O. Elks Lodge #718 124 North Seventh Street * 15. Dana's Place (Dana Hagen) 340 North Twelfth Street 16. Bird's Superette 301 North Ninth Street * 17. Cozy Inn (Katherine Pickering) 108 North Seventh Street 18. The New Deli 127 South Santa Fe 19. 20. The Scheme 123 North Seventh Street 21. Hurry Back Taco Pete 115 South Santa Fe 22. Leslie Kreps American Legion Post #62 1416 South Santa Fe 142 South Seventh Street 23. Pizza Hut 1200 South Santa Fe 24. Pizza Hut 600 South Broadway 25. The Lighthouse 671 South Broadway 26. All Star Lanes 624 South Broadway 27. Mopsey's Bar 808 North Santa Fe 28. 29. Twin Oaks 1601 North Ninth Street Ott 66 Service 2230 North Ninth Street 30. Gas -A -Way, Inc. #80 842 North Santa Fe 31. Site Service Station 1715 South Ninth Street 32. Steve's Texaco 700 South Broadway 33. Falley's, Inc. #8 901 West Crawford 34. The Boon Docks Tavern 701 North Broadway 35. Al and Bernie's Place 723 Bishop 36. The Office 144 South Fifth Street 37. The Anchor 736 North Santa Fe 38. Belmont Texaco - Payne Oil Company 2745 Belmont 39. Red Pussy Cat Club 1111 West South 40. Fraternal Order of Eagles 146 North Seventh Street 41. Quik -Trip Corporation Store #305 1322 East Iron 42. Quik -Trip Corporation Store #303 1118 West Cloud 43. Quik -Trip Corporation Store #304 1307 South Santa Fe 44. Quik -Trip Corporation Store #302 2740 Belmont 45. Paramount Bar 1041 East Iron 46. East Iron Champlin 1041 East Iron 47. Colonial House Restaurant 1842 North Ninth Street 48. Straw Hat Pizza Palace 2030 South Ohio 49. Bachelors Inn 328 South Broadway 50. Daisy Mays 409 South Broadway 51. Music Box Cabaret, Inc. 925 West Lincoln 52. Mac's Bar-B-Que 1100 North Ninth Street 53. Soul -City Lounge 347 North Seventh Street 54. Smedley's I.G.A. 1019 North Ninth Street 55. Weeks, Inc. 505 South Santa Fe 56. La Hacienda (Carole Gunder) 1409 West Crawford 57. The Tree house (James 0. Rick) 121 East Walnut 58. SAZERAC 427 South Broadway 59. Peacock Lounge 624 Reynolds 60. East Iron Warehouse 202 East Iron 61. I-70 & US 81 Apco (Ronald F. Faupel) 1946 North Ninth Street 62. Waymire's Butcher Block 2450 South Ninth Street 63. New Holiday Bowl 1125 West South 64. Bob's Place 316 East Pacific 65. Veterans of Foreign Wars Post #1432 212-214 North Santa Fe * Indicates new application