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04-02-1974 Minutes1 1 1 1.16 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 1.17 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. 1� 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." 1 1 IIS 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?" LJ r�- 1 119 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." 120 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. 121 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