04-02-1974 Minutes1
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City of Salina, Kansas
Special Meeting of the Board
of Commissioners
April 2, 1974
The Special Meeting of the Board of Commissioners met in the
Commissioners' Room, City -County Building, on Tuesday, April 2, 1974, 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 Jack Weisgerber, Chairman presiding
Commissioner Robert C. Caldwell
Commissioner Norma G. Cooper
Commissioner 'like Losik, Jr.
Commissioner W. M. Usher
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 meeting was called for the purpose of considering the business
regularly scheduled to come before the Board on the 1st day of April, 1974, at
4:00 o'clock P.M., the regularly scheduled meeting date and time.
as mailed. The (`Minutes of the Regular Meeting of March 25, 1974, were approved
THE MAYOR PROCLAIMED the Week of April 1 through 5, 1974 - "EMERGENCY
PREPAREDNESS WEEK". The proclamation was read by Gerald I. Smyth, Assistant
Civil Preparedness Director.
A RESOLUTION was introduced and passed entitled: "A RESOLUTION
honoring the memory of Leland M. Srack and expressing the gratitude and
appreciation of the City of Salina, for his faithful services rendered to the
City and its' citizens." A motion was made by Commissioner Losik, seconded by
Commissioner Usher to adopt the Resolution as read and the following vote was
had: Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0).
Carried. The Mayor approved the Resolution and it is numbered 3180.
STAFF AGENDA
BIDS were received for Engineering Project 74-564 for improvements in
Country Hills Addition Number 2 and Georgetown Addition.
Part I for Water and Sanitary Sewer Improvements
Stevens Contractors, Inc.
Commence 4/3/1974 - 360 calendar days
Smoky Hill, Inc.
Commence 5/15/1974 - 120 calendar days
Earth Excavation, Inc.
Commence 5/6/1974 - 120 calendar days
Engineer's Estimate
Part II for Street Improvements
Brown and Brown, Inc.
Commence 5/15/1974 - 120 calendar days
Engineer's Estimate
$76,199.50
76,217.50
80,835.50
82,835.50
$62,980.00
72,955.00
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A motion was made by Commissioner Cooper, seconded by Commissioner Usher to
award the contract to Stevens Contractors, Inc., in the amount of $76,199.50
for Part I; and Brown and Brown, Inc., in the amount of $62,980.00 for Part ll,
pending Engineering Department approval, and to introduce the contract ordinances
for first reading.
Mayor Weisgerber asked the City Engineer if the difference in the time
required in Part I is critical.
Mr. Boyer replied he didn't think it would be critical in this
instance. He also explained that the unit price is controlling in the bids.
Mr. Etherington was present, and stated the time difference didn't
make any difference to him.
Ayes: (5). Nays: (0). Motion carried.
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Ordinance Passed: � �_ ;_ i ?'1 Number: �3' .3
Ordinance Passed: Number:
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
authorizing the issuance of Park Improvement Bonds, Series PK -216 of the City of
Salina, Kansas in the aggregate amount of $100,000 to pay the cost of improving
the public parks in said City." A motion was made by Commissioner Usher,
seconded by Commissioner Caldwell to adopt the ordinance as read.
Commissioner Losik said he would like to ask a few questions here.
"Now, I don't recall how we have done this in the past as to approving the
proposals from the lending institutions on these monies, what we need to clarify,
and I doubt if the public is aware of this, that by approving this or putting
this on second reading and approving it we are also accepting bids or proposals,
as you wish, from lending institutions regarding this money. Now, last week this
was handed to us and I didn't look it over to catch it or I would have mentioned
it then, but what is the - since this is a bid situation I was of the opinion we
would be opening bids that were received. Now, I know legally we don't need to
do it that way, but in the past all bids have been opened publicly."
Mr. Olson replied, "In visiting about this small an issue, there was
some visitation with the various banks as to how they would propose to handle
such a small issue, and we did not want to go to the issuance of temporary notes
or pay the interest, and cost of publication of notice for a bond sale. We did
not anticipate we would get any bidders from out of town on such a small issue:
Banks in the past have cooperated with other banks and lending institutions
primarily in the Kansas City area, some back in St. Louis, and farther East than
that. They have always had a local representative though, involved with the
bidding in some way, shape or form. We have only had two prior issues of park
bonds. Both of those were negotiated at the time the golf course was constructed
We went ahead and took this approach to see what type of a rate we would receive.
If it was a good rate or acceptable, we would go ahead with the ordinance, if not
we would notify all of them that we would turn them all down, and I think you
will agree this is a very acceptable rate."
Commissioner Losik said, "The interest rate is not the point. It is
the procedure we are following, is the point in question."
Commissioner Losik said, "Well, the point I am
bringing out
is the
one that you stressed there. I think it is the Governing
Body that has
that
decision to make, isn't it?"
Mr. Olson replied, "Well, you may certainly go
ahead and do
this. I
think you are right, yes. I don't recall exactly how the
ordinance is
worded,
but this has been - like I say, the other issues of park
bonds we were
instructed
to negotiate. We did not attempt to negotiate this one.
I think what
we were
looking at is that we did take the same as bids, without
really going
to a public
letting, as such. We probably should have touched base,
we thought we
were doing
the right thing. We didn't see how we could beat an interest
rate in
this area."
Commissioner Losik said, "The interest rate is not the point. It is
the procedure we are following, is the point in question."
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Commissioner Usher said, "I wonder why you would bring it up now, Mike.
You had the information last week when you approved the first reading of the
ordinance."
Commissioner Losik replied, "Because it was handed to me as I came in
the door, Bill, and 5 minutes isn't enough time to go over something like this."
Mr. Olson said, "One of the considerations in visiting with Don about
the matter is that we wanted the interest rate to be included in the ordinance,
which we normally do. Now, we could have, I guess, we talked about this, but
I don't remember exactly how - I guess we could have advertised. We could have
put the ordinance on first reading then held off the second reading and advertisec
for bids, and come back and inserted the price in the second reading."
Mr. Harrison commented, "The interest rate has to be in the bond
ordinance."
Commissioner Losik said, "I hope that in the future, that we do it
along the lines that we have established procedure in doing it."
Mr. Olson said, "Well, we have no established procedure Mr. Losik."
Commissioner Losik said, 11Any time bids are made available, I think
the procedure has been to submit them to the Commission for opening, and this
is a bid.1°
Mayor Weisgerber called for a vote on the motion to adopt the ordinance
as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerber
(4). Nays: (0). Commissioner Usher abstained. Carried. The Mayor approved the
ordinance and it is numbered 8341. The ordinance was introduced for first readinc
March 25, 1974.
Commissioner Cooper asked, "How often do we encounter this park
improvement statute?"
The City Manager said, "We used it twice in the construction of the gol
course and this is the third time to my knowledge in the last 10 years."
Commissioner Cooper commented, "Well, even though it isn't anything
that might come around too frequently, I don't know that there would be this
much difference in trying to get money at the lowest rate than there would be
to get the automobiles or anything else that the City acquires at the lowest
rate, so - I don't know. ',^fould that fit in with the rules that we have for bid
procedures?"
Commissioner Usher said, "I would say that it was extremely timely
because you waited until a week after the City asked for the bids on the bonds.
It would have cost another 2 point interest, and by expediting it the way they
did, they saved the City nearly $1,000 or $1,200."
Mr. Harrison said, 1°One of the bankers told me that if I had waited
even two more days it would have cost 4.65/."
Commissioner Losik said, "I am not questioning. You people are trying
to make it look like I am trying to raise the price of this money. This is
ridiculous. I am bringing up a procedure here that we haven't been following
regarding bids. If we are going to have bids, let's have 'em, if not, if we
are going to be negotiating, let's so instruct them to do so. That is the whole
key behind this thing."
Mayor Weisgerber said, "I think we are saying this is a little bit
different from the normal procedure."
Commissioner Losik said, "But they are always different."
Commissioner Cooper asked, "What did we resolve though?"
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Commissioner Losik commented, "I would hope that we resolved the fact
that we stick to the bid procedure."
Commissioner Cooper said, "This is my question."
Mayor Weisgerber commented, "The ordinance is passed."
Commissioner Cooper said, "I recognize the ordinance is passed. That
is not what my question was directed to. The Commission obviously approves the
ordinance and wants the improvements made, but are we going to have a practice
of accepting the bid procedure in this instance or are we going to negotiate it?
This is my question."
Mayor Weisgerber said, "It has been done this way in the past. We have
a precedent to go by."
Commissioner Usher said, "They were not negotiated, I think the
complaint here was the fact they weren't opened at a Commission meeting, and I
think that can be resolved by passing the ordinance 1st reading, get your bids
and then open them on the second reading."
Commissioner Losik said, "This is right, Bill."
Commissioner Cooper commented, "Okay, accepted."
A RESOLUTION was introduced and passed entitled: "A RESOLUTION
determining the advisability of street and water main improvements estimating the
cost thereof, defining the boundaries of the improvement district, method of
assessment and apportioning the cost between the improvement district and the
City -at -large." (Engineering Project 74-567 for Century Plaza Drive and Planet
Avenue)
Commissioner Caldwell asked the City Engineer to clarify the
intentions.
Mr. Boyer explained this resolution is one of two which are required
to commence the construction of the project.
Commissioner Cooper asked if they had had a recommendation from him on
this project.
Mr. Boyer replied the feasibility report was filed last week.
A motion was made by Commissioner Cooper, seconded by Commissioner
Losik to adopt the Resolution as read and the following vote was had: Ayes:
Caldwell, Cooper, Losik, Weisgerber (4). Nays: (0). Commissioner Usher abstaine
The Mayor approved the Resolution and it is numbered 3179.
REPORT FROM THE CHIEF OF POLICE concerning Petition Number 3410 which
was filed by the Retail Liquor Dealers of Salina, Kansas, requesting a change in
the closing time of the retail liquor stores in Salina, Kansas, from 11:00 P.M.
to 10:00 P.M.
Darrell Wilson, Assistant Chief of Police, reported, "Chief Woody is
out of town and he asked that I represent him. We had discussed this thing at
some length and we searched our records at the Police Department and we don't
feel that the closing time, the difference between 10 and 11 would affect the
Police Department operation or law enforcement one way or the other."
Mayor Weisgerber said, "So you are coming back with no recommendation
so far as the Police Department is concerned."
Mr. Wilson replied, "That is correct. The difference in time from 10
to 11, our records don't reflect that it would really make any difference in the
crime rate or the problem in the liquor stores."
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Mrs. Sullivan said, "To my knowledge, I believe there remain 3
unsolved armed robberies of liquor stores in Salina which have occurred between
the time of 10 o'clock and 11 o'clock. I happen to be one of them."
Mr. Wilson said, "Yours was robbed in 1963. In 1973 we had 6 armed
robberies, 2 of them of liquor stores. All 6 were cleared but 1 armed robbery.
2 robberies occurred between the hour of 10 and 11, and one of them was a service
station and one was a liquor store. Our experience is that the armed robbery of
a liquor store, or any other business is most likely to occur just before closing
time. If closing time is 11 o'clock, you are going to get hit just before 11
o'clock. If closing time is 10 o'clock, we feel you are going to get hit just
before 10 o'clock.
Mr. Martin said he had been in contact with the Attorney General's
office and he informed him that any association or group that forms a pact
cannot do this on a voluntary basis without the possibility of being liable to
the anti-trust laws and he said this is one reason they gave the cities the power
to do this when a group wants to close earlier. They can make it manditory, then
they are not in violation.
Commissioner Cooper said, "Since the City received a petition supported
by all but 3 or 4 operators of this particular business, since we had an endorsem nt
from the chief law enforcement officer in the County, and the Police Department
doesn't seem to object one way or the other, and they are not asking for anything
in addition, actually they are curtailing their operation, I don't know how the
City can be harmed by it, so I would move that we approve their petition."
Commissioner Usher said, "I don't think it is the prerogative of this
Commission to set hours for retail establishments." He asked the operators why
they would want any more regulations than they already have.
Mrs. Sullivan replied they are not asking for any more, they are asking
for a change within a regulation that already exists.
After further discussion, Commissioner Caldwell seconded the motion.
Ayes: Caldwell, Cooper, Weisgerber (3). Nays: Usher (1). Commissioner Losik
abstained. Motion carried.
Ordinance Passed:
None
COMMISSION AGENDA
PUBLIC AGENDA
Number:
A LETTER was received from the Metropolitan Planning Commission
recommending the approval of a request by Mrs. Roberta S. Kaufman, and Mrs.
Elaine P. Debold to withdraw their rezoning Petition Number 3288. A motion was
made by Commissioner Caldwell, seconded by Commissioner Losik to accept the
recommendation of the Metropolitan Planning Commission and approve the request
to withdraw the petition. Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3412 was filed by Jack B. Kaufman and Roberta S.
Kaufman for the vacation of Cypress Street located between Willow Drive and
Birch Drive in the Replat of Edgemere Addition. A motion was made by Commissione
Cooper, seconded by Commissioner Usher to refer the petition to the Engineering
and Planning Departments. Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3413 was filed by Roberta S. Kaufman for the rezoning
of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, Block 1; Lots 20 and 21, Block 5,
and Lots 52 and 53, Block 6, Replat of Edgemere Addition from District "A" (Secon
Dwelling House District) to District "D" (Local Business District). A motion
was made by Commissioner Usher, seconded by Commissioner Losik to refer the
petition to the Metropolitan Planning Commission. Ayes: (5). Nays: (0).
Motion carried.
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PETITION NUMBER 3414 was filed by the Urban Renewal Agency, Dick Worth,
for the approval of the preliminary plat of Northeast Industrial Park Addition.
A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to
refer the petition to the Metropolitan Planning Commission. Ayes: (5). Nays: (0 .
Motion carried.
PETITION NUMBER 3515 was filed by Mrs. Robert Milleson, for the
installation of a stop light and pedestrian cross walk on South Ohio in the area
adjacent to Grace E. Stewart School, at the corner of Shalimar Drive and Ohio
Street. A motion was made by Commissioner Caldwell, seconded by Commissioner
Usher to refer the petition to the School Safety Committee.
Mrs. Robert Milleson was present and wishes to be notified of the
meeting time of the Committee, so they can be present.
Mr. Lorenson said his little girl was knocked 28 feet at that
intersection and he would like to get something done about it.
Three other residents of the area spoke in favor of controls at the
crossing for the children.
Mayor Weisgerber explained this referral is proper procedure so the
request can be studied by the proper committee for their recommendation. The
Mayor called for a vote on the motion. Ayes: (5). Nays: (0). Motion carried.
A REQUEST was made by Robert M. Muir for further discussion and action
taken on unlawful trespass.
Mr. Muir was present, and presented a petition, which was later
numbered 3416, signed by 12 persons, that the City should be required to show
cause why this trespass should not be terminated.
The City Commissioners accepted the petition, and told Mr. Muir the
item would be on the agenda April 15, 1974.
A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Charles
Coleman, d/b/a Red Rooster, 671 South Broadway. (New application). The City
Clerk reported the applicant has paid the required fee, and the application has
been approved by the Health Department, the Zoning Officer and the Police
Department. A motion was made by Commissioner Usher, seconded by Commissioner
Caldwell to approve the license application and authorize the City Clerk to
issue the license. Ayes: (5). Nays: (0). Motion carried.
A MOTION was made by Commissioner Usher, seconded by Commissioner Losik
that the Special Meeting of the Board of Commissioners be adjourned. Ayes: (5).
Nays: (0). Motion carried.
D. L. Harrison, City Clerk
The City Attorney explained he has been a little slow on getting back
with his report, but wished to visit with Howard Engleman who handled this for
the City of Salina. "I talked with Howard, and
you will
have
to realize that
this happened 10 or 15 years ago and their files
are way
back
in storage. I
did talk with him again in the past week, he has
them out
now,
and we are going
to get together and review them and I will have
a report
back
to you 2 weeks
from today."
The City Commissioners accepted the petition, and told Mr. Muir the
item would be on the agenda April 15, 1974.
A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Charles
Coleman, d/b/a Red Rooster, 671 South Broadway. (New application). The City
Clerk reported the applicant has paid the required fee, and the application has
been approved by the Health Department, the Zoning Officer and the Police
Department. A motion was made by Commissioner Usher, seconded by Commissioner
Caldwell to approve the license application and authorize the City Clerk to
issue the license. Ayes: (5). Nays: (0). Motion carried.
A MOTION was made by Commissioner Usher, seconded by Commissioner Losik
that the Special Meeting of the Board of Commissioners be adjourned. Ayes: (5).
Nays: (0). Motion carried.
D. L. Harrison, City Clerk