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01-31-1972 MinutesCity of Salina, Kansas Commissioners' Meeting January 31, 1972 I r The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, i City -County Building, on Monday, January 31, 1972, 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 Leon L. Ashton Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. 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 January 24, 1972, were approved as mailed. THE MAYOR PROCLAIMED the week of January 30 through February 5, 1972 - "SALINA CLERGY WEEK". The proclamation was read by Ernie Hanzlicek of the Civitan Club of Salina. STAFF AGENDA THE CITY ENGINEER reported for the Traffic Engineer on Petition Number 3221, which was filed by Richard E. Brown for the installation of traffic control devices on East Prescott Road as follows: 1. Installation of signs necessary to establish a 20 MPH speed zone on East Prescott Road from its intersection with Riverside Drive to a point 100 feet east of its intersection with Elmore Drive, 2. Installation of 4 -way stop signs at intersection of Prescott and Guernsey. The City Engineer recommended the 20 MPH speed zone be approved on East Prescott Road, from Guernsey to Ohio Street, which is now over 50% business, and that the 4 -way stop at Guernsey and Prescott be denied. A motion was made by Commissioner Ashton, seconded by Commissioner Cooper to accept the City Engineer's recommendation and that the 20 MPH speed zone be approved on East Prescott Road from Guernsey to Ohio Street, and that the 4 -way stop be denied. Ayes: (5). Nays: (0)'. Motion carried. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing the temporary investment of approximately $1,250,000.00 of Idle Funds of the City of Salina, Kansas." A motion was made by Commissioner Weisgerber, seconded by Commissioner Losik to adopt the Resolution as read and the following vote was had: Ayes: Ashton, Cooper, Losik, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3118. A MOTION was made by Commissioner Losik, seconded by Commissioner Ashton to set the date of February 14, 1972 to receive bids for the installation of water line on Marymount Road and Glen Avenue, and instruct the City Clerk to advertise for bids. Ayes: (5). Nays: (0). Motion carried. (Engineering Project 72-543) THE CITY ENGINEER filed a "School Crossing Survey", as requested by the City Commissioners at the December 20, 1971 meeting. Included with the survey was a letter from Mrs. Charles Casebeer, president of the Lowell P.T.A. asking the City to consider the proposal for placing a flagman at the Santa Fe -Republic intersection. i The City Manager mentioned that a special meeting between the Commissioners and the staff responsible with safety might be helpful, because of the size of the report. Commissioner Losik thinks we should delay action for one week so any questions and discussion may be held at an open meeting. The City Manager stated he wasn't suggesting a closed meeting, but due to the depth and complexity of the study, he and the staff felt it would require considerable time to discuss the subject. A motion was made by Commissioner Losik, seconded by Commissioner Cooper to table the survey for one week. (No action was taken on the motion) Mayor Caldwell asked the City Engineer if any of the Commissioners, as they read over the report, could contact him through the week if they had any questions? The City Engineer said, "Yes". Commissioner Ashton wanted to thank the Engineering Department for a very fine detailed report. Commissioner Weisgerber stated it appears, after hurriedly looking through the report, that you have given us the statistics and data and it will be our responsibility to decide what type of controls we will provide at the school crossings. Is that correct? The City Engineer stated, "Yes". Commissioner Cooper suggested it be on the agenda so this will be the first item, and start the meeting early, so everyone interested in the survey may be present to ask questions. A motion was made by Commissioner Losik, seconded by Commissioner Ashton to have a special meeting beginning at 3:00 o'clock next Monday, February 7, 1972, to discuss the school crossing survey. Ayes: (5). Nays: (0). Motion carried. REPORT FROM THE CITY ENGINEER for the Traffic Engineer on Petition Number 3217, which was filed by Mrs. Ron Drummond, President of the John F. Kennedy P.T.A. and Mrs. Ken Roach, Safety Chairman, for the installation of stop signs at the intersection of Otto and Hageman, replacing the yield signs. (Referred to the Traffic Engineer at the January 10, 1972 meeting). The City Engineer recommended the denial of the petition. A motion was made by Commissioner Cooper, seconded by Commissioner Losik to accept the City Engineer's recommendation and deny the petition. Ayes: (5). Nays: (0). Motion carried. REPORT FROM THE CITY ENGINEER for the Traffic Engineer on Petition Number 3218, which was filed by Mrs. Ron Drummond, President of the John F. Kennedy P.T.A. and Mrs. Ken Roach, Safety Chairman, for changing Jupiter to a one-way street from Hageman west to Neptune and changing Neptune to a one-way street from Jupiter north to Venus. (Referred to the Traffic Engineer at the January 10, 1972 meeting). The City Engineer referred to the written report, dated January 27, 1972 to the City Commissioners, recommending the denial of the petition and no parking on the north side of Jupiter Avenue from the east end of the curve on Jupiter Avenue to Neptune, and on the east side of Neptune Avenue from Jupiter Avenue to Venus, during school hours. Commissioner Cooper asked if there are no parking signs in front of the school, will parents be allowed to load and unload children? The City Engineer said, "Yes". A motion was made by Commissioner Losik, seconded by Commissioner Cooper to accept the City Engineer's recommendation to deny the petition, and to consider the recommendation for no parking with the school crossing survey. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA RECONSIDERATION of an Agreement between the Salina Community Theatre; the City of Salina, Kansas; J. J. Vanier; and V. E. Lundberg and Dorothy Lundberg for purchasing property at the northwest corner of Iron and Third, for Community Theatre Building. (Tabled for two weeks at the January 17, 1972 meeting) :) 1 I Mr. Dennis Poer, President of the Salina Community Theatre, stated he had visited with the staff about the parking for the theatre. His concern today is the four party agreement which is just an orderly agreement for handling the purchase of the property. He stated that they were sorry they didn't allow for the required parking, but feels now it has been worked out. We now realize we could not get a building permit without this. a { The layout of the building on the ground now shows parking. An apology is due the Commission for not having this parking before. Commissioner Cooper asked if there was enough land for parking on the original site. Mr. Poer said there is, and there is an alternative for additional parking, but he is not here to recommend the purchase of additional land for parking. i 8 Commissioner Cooper asked the City Engineer where the idea came from that we needed additional land for parking. The City Engineer stated he did not know, there is enough space for parking, but it might not be what you really want, a beautiful building surrounded by concrete. From our point of view, we can get the 60 spaces on the site, as required. Commissioner Weisgerber said in order to do this, you probably have to give up a lot of the landscape area around the bui►ding. Mr. Poer said it doesn't take all the landscape area, but it takes more than we wanted. My main concern today is to have the agreement signed. Additional space for parking can be considered at a later time and should have no bearing on this agreement. We need the agreement signed today so we can let a contract within 60 days. Commissioner Cooper said we need to first know what we are committed for. Commissioner Losik said this is why we tabled it two weeks ago, so we would know what we are committed for. Mr. Poer said this is a four party agreement and it does not mean you are committed for any more than you previously committed yourself for. He said three of the four parties have signed the agreement. Commissioner Losik said your own group doesn't know what is going on, as previously shown by not checking into the parking spaces required to get a building permit. I don't know the dollar figure, as a Commissioner, I can't give out a blank check. Commissioner Ashton said you know we will need more, but we can do this later. All the theatre group wants today is for the Mayor to sign this agreement. We can take these other things u at a later date when funds become available over a g p period of years, for the improvement of the site. Mr. Poer said we have figures and plans for parking. The City Manager stated the figures were just finalized at 2 P.M. today. The plans and costs were presented to the City Commissioners. A motion was made by Commissioner Losik, seconded by Commissioner Cooper to approve the four party agreement and authorize the Mayor to sign, and authorize the Mayor to execute such instruments as necessary to carry out this agreement, and that Plan "A" for the curbing, guttering and paving of the parking lot, in the amount of $23,536.00 be approved. Ayes: (5). Nays: (0). Motion carried. THE COMMISSIONERS CONSIDERED "AN ORDINANCE requiring Merchant or Private Police to carry licenses and identification cards, amending Section 28-60 of The Salina Code and repealing the existing section"; and "AN ORDINANCE providing for the equipment and marking of vehicles used by Merchant or Private Police licensees"; and "AN ORDINANCE providing for the fingerprinting, investigation and examination of all applicants for Merchant or Private Police license, amending Section 28-51 of The Salina Code and repealing the existing section," Mr. Paul Gest], a Merchant Policeman now, stated he has two other men working for him. He has one marked car, and he and one of his employees have uniforms. He stated he would like to have a commission card. He said he had one when Chief Salmans was chief, and it worked out very well. He said he is a commissioned deputy sheriff and feels a commission card from the Police Chief would be a great help. He stated he does most of the door shaking in the downtown area and in the shopping centers. He feels a commission card would help the Merchant Police when they see a suspicious subject around a building. If they had such a card, they could identify themselves, and check the subject, which also helps the police out. Commissioner Weisgerber asked Mr. Gestl if he doesn't think some people would abuse the commission card. Mr. Gestl said this is possible, but any of my men who abuse one, he would no longer be working for me. One of the reasons for a commission card, was that you can carry a concealed weapon. It is difficult for his men to carry a weapon without it being concealed if they are wearing a raincoat or overcoat. Commissioner Losik asked the City Attorney about the legal complications we could get invovled with, if we issue commission cards. The City Attorney said there would be some ramifications if they did have commission cards. He suggested they ask Police Chief Woody what he thought about issuing commission cards. Police Chief Woody said there have been no guidelines established for anyone carrying commission cards. He could see no problems if the things in the new ordinances are carried out. Commissioner Losik stated there is a reserve police program; maybe they can apply under this and become a reserve officer, and with proper training be issued a commission card. Police Chief Woody said Mr. Gestl had been a great help. He has cooperated in the past with radios, uniforms and marked cars. The City Manager mentioned that in prior years, the commission cards were issued on an honorary basis and problems had developed when the cards were abused. Even Chief Salmans was in agreement when these cards were not renewed. A motion was made by Commissioner Weisgerber, seconded by Commissioner Ashton to introduce the three ordinance concerning Merchant Policemen for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Q 1912 Number: �o Ordinance Passed: 9L,,u I g'j� Number: I q I Ordinance Passed: _ .n",��� 1912 Number: 7192_ THE COMMISSIONERS RECONSIDERED the Cereal Malt Beverage License Application filed by Ronald P. and Alvin L. Thompson, d/b/a Taco Pete, 1416 South Santa Fe. Mr. Jack Stewart was present and stated there was much said about the beer application and the ordinance. In reviewing the problem, the place of business is in District "D" (Local Business District) and is within 200 feet of a school. Mr. Stewart reviewed all the previous remarks and quoted the ordinance and stated everything remains the same. He urged the Commission to approve the license with whatever restrictions they felt appropriate. A motion was made by Commissioner Ashton to grant the license to Taco Pete with the following restrictions: 1. One beer to be sold without a food order. This is the same policy used by the Pizza Hut. 2. No large beer sign be hung on the front of the building. 3. Any nuisance or noise or other complaints reported to the police be reviewed by the City Commission. 1 1 C Commissioner Weisgerber was concerned about a large sign on the outside of the i building. Mr. Thompson said there would be no beer signs hanging on the front of the building. (The motion died for the lack of a second) The City Attorney reminded the City Commission they had to approve or disapprove Mr. Thompson's beer license application. A motion was made by Commissioner Cooper, seconded by Commissioner Losik to deny the beer license application. Ayes: Cooper, Losik (2). Nays: Ashton (1). Commissioner Weisgerber abstained. The Mayor said the motion to deny carried 2 to 1. 1 PUBLIC AGENDA i PETITION NUMBER 3224 was filed by W. R. Jolliff, protesting the installation of water main, curbing, guttering, paving and grading of Prospect Avenue -from Ohio Street to a point 5 fleet west of the east line of.Lot 10, Cloverdale Annex. A motion was made by Commissioner Losik, seconded by Commissioner Cooper to refer the petition to the City Clerk for a report with the other protest petitions. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Larry Joe Gibson, d/b/a Ritz Tavern, 101 NNorth Broadway. (New). A motion was made by Commissioner Losik, seconded by Commissioner Cooper to approve the application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. MARTHA E. THOMAS - "Hobart McCabe, subject fire trucks and directive on slowing them down at intersections." Martha Thomas wanted to ask Mr. McCabe, because he is the Director of Safety, why the fire trucks are to decrease their speed through intersections and not all emergency vehicles? She stated she knew they were big and heavy, but from your experience, Mr. McCabe„ you know most of the fires are at night, when there is hardly any traffic. I just wanted to know why you are not demanding this of the other emergency vehicles? Director of Safety McCabe stated that Mrs. Thomas, not knowing what you wanted by the statement you put on the agenda, you could have called the Fire Chief, Police Chief, or myself, for why the directive was established. Mr. McCabe reviewed a detailed report conducted in 1968 on stopping fire trucks and the braking distance of fire trucks and other city vehicles. He stated that all fire truck drivers are trained to take through streets when answering alarms, if at all possible. He stated State Law says any emergency vehicle proceeding through a red light or stop sign, shall do so only after slowing down and taking .due care. He stated this was Fire Chief Bradshaw's directive, and I backed him 100%. Mr. Thomas stated you still have not answered my questions. Why don't the Public Safety Officers have to slow down? I see them going down Ohio Street at a high rate of speed with their red light and siren going. She mentioned the Public Safety Officer crashing into a fire truck. Mrs. Thomas asked the Chief of Police if his patrolmen went on a call with red light and siren on, if people don't pull over, does he give them a ticket? He stated that, of course, he does not pull them over at the time and give them a ticket; but if possible, he gets their tag number and issues a summons at a later time. Mr. McCabe stated the Police and Fire Departments have many inter -departmental policies, and if you feel, Mrs. Thomas, that you need to know what they are, you can contact the Police Chief, the Fire Chief, or myself. Mayor Caldwell thanked Mrs. Thomas for coming up, but stated the questions she asked could have been asked directly to the Director of Safety at another time. Mr. McCabe went on to state that when anyone has a question or complaint about a department, they should first take it up with the department head. If they are not then satisfied, contact the City Manager, and if still dissatisfied then is the time to bring it to the City Commission. This procedure can save a lot of time. 124 CONSOLIDATED -SALIVA REQUEST FOR SPECIAL MEETING OF THE BOARD OF COMMISSIONERS We, the undersigned, being duly elected, qualified and acting City Commissioners of the City of Salina, Kansas, do hereby request a special meeting of the Board of Commissioners of the City of Salina, Kansas, to be held on the 7th day of February, 1972, at 3:00 P.M., C.S.T., for the purpose of: Considering the School Crossing Survey which was filed by the Engineering Department at the January 31, 1972 meeting. Dated this 31st day of January, 1972. M a- Commissiox �nmmissioner/ qommissi.) Commissioner Q A NOTICE OF SPECIAL MEETING OF THE BOARD OF COMMISSIONERS TO: commissioner Leon L. Ashton You are hereby notified that pursuant to a request signed by the majority of the members of the Board of Commissioners of the City of Salina, Kansas, a special meeting of the Board of City of Salina, Kansas, will be held on the Commissioners of the Co'clock of said day, in the 7th day of. February, 1ity fat 3:00 Commissioners' Meeting Room, City -County Building, for the purpose of: Considering the School Crossing Survey which was filed by the Engineering Department at the January 31, 1972 meeting. Dated this 31st day of January, 1972 City Clerk CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that -a true and of the above notice was served upon Commissioner Ashton correct copy at his (by serving a copy upon him personally) or (by leaving a copy usual place of residence) and that the same was served on the o'clock (A.M., P.M.) which time day of February, 1972, at was prior to the time stated in the notice for such meeting. Dated this ______ day of February, 1972. 0 a 0 NOTICE. OF SPL'CIAL MEETING OF THE BOARD OF COMMISSIONERS TO: Mayor Robert C. Caldwell You are hereby notified that pursuant to a request by the majority of the ma pecial meetins of the grofotheO1BoardlOfers signed of the City of Salina, Kansas, a n Kansas, will be held on the Commissioners of the City °atSali3:00ao'clock of said day, in the 7th day of February, 1972, Purpose Commissioners' Meeting Room, City -County Building, for the p p of: Considering the School Crossing Survey which was filed by the Engineering Department at the January 31, 1972 meeting. Dated this 31st day of January, 1972 City Clerk CERTIFICATE OF SERVICE 1, the undersigned, do hereby certify that a true and correct copy of the above notice was served upon Mayor Caldwell (by serving a copy upon him personally) or (by leaving a copy at his usual place of residence) and that the same was served on the --________ o'clock (A.M., P.M.) which time day of February, 1972, at was prior to the time stated in the notice for such meeting. Dated this _ day of February, 1972. NOTICE OF' SPECIAL MEETING OF THE BOARD OF COMMISSIONERS TO: Commissioner Norma G. Cooper You are hereby notified that pursuant to a request signed by the majority of the members of the Board of Commissioners of the City of Salina, Kansas, a special meeting of the Board of Commissioners of the City of Salina, Kansas, will be held on the 7th day of February, 1972, at 3:00 o'clock of said day, in the Commissioners' Meeting Room, City -County Building, for the purpose of. Considering the School Crossing Survey which was filed by the Engineering Department at the January 31, 1972 meeting. Dated this 31st day of January, 1972 -Wov,�, City Clerk CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that a true and correct copy of the above notice was served upon Commissioner Cooper (by serving a copy upon him personally) or (by leaving a copy at his usual place of residence) and that the same was served on the day of February, 1972, at o'clock (A.M., P.M.) which time was prior to the time stated in the notice for such meeting. Dated this day of February, 1972. 0 NOTICE OF SPECIAL MEETING OF THE BOARD OF COMMISSIONERS TO: Commissioner Mike Losik, Jr. You are hereby notified that pursuant to a request signed by the majority of the members of the Board of Commissioners of the City of Salina, Kansas, a special meeting of the Board of Commissioners of the City of Salina, Kansas, will be held on the 7th day of February, 1972, at 3:00 o'clock of said day, in the Commissioners' 14eeting Room, City -County Building, for the purpose of: Considering the School Crossing Survey which was filed by the Engineering Department at the January 31, 1972 meeting. Dated this 31st day of January, 1972 City Clerk CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that a true and correct copy of the above notice was served upon : �mmissioner Losik (by serving a copy upon him personally) or (by leaving a copy at his usual place of residence) and that the same was served on the day of February, 1972, at o'clock (A.M., P.M.) which time was prior to the time stated in the notice for such meeting. Dated this day of February, 1972. NOTICE OF SPECIAL MEETING OF THE BOARD OF COMMISSIONERS TO: Commissioner Jack Weisgerber You are hereby notified that pursuant to a request signed by the majority of the members of the Board of Commissioners of the City of Salina, Kansas, a special meeting of the Board of Commissioners of the City of Salina, Kansas, will be held on the 7th day of February, 1972, at 3:00 o'clock of said day, in the Commissioners' Meeting Room, City -County Building, for the purpose of. Considering the School Crossing Survey which was filed by the Engineering Department at the January 31, 1972 meeting. Dated this 31st day of January, 1972 City Clerk CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that a true and correct copy of the above notice was served upon Commissioner 'Weisgerber (by serving a copy upon him personally) or (by leaving a copy at his usual place of residence) and that the same was served on the day of February, 1972, at o'clock (A.M., P.M.) which time was prior to the time stated in the notice for such meeting. Dated this day of February, 1972.