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03-20-1972 Minutes5 City of Salina, Kansas Commissioners' Meeting March 20, 1972 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, March 20, 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 Commissioner Ashton stated he had a correction to make in the minutes of the last meeting. He was asked by Bill Scholl about the talking in the back room and whether the public would be invited, and in reply to his question he said yes, that no decision would be made in the back room. He said this was strictly speaking that nothing would be conducted as far as secrecy and that it would be agreeable with him, as a Commissioner, to let anyone back there; but in checking, he said he really can't speak for the Commission as a whole. It was just a comment he made that he felt there was nothing that should be kept from the public. He suggested the remark be stricken from the minutes, as it doesn't reflect the thinking of the Commission as a whole. Commissioner Losiksaid,"This is what we discussed last week. This is a statement you made, and I would expect that statement to remain in there. If you want to correct it on today's minutes, then, of course, this would be proper, but you did say that and I would like to leave it in there:' Commissioner Ashton replied that this is his thinking and not the thinking of the other Commissioners. Commissioner Losik said this could be made as an after thought and he doesn't see why it should be deleted from the minutes. Commissioner Ashton explained that some people got the idea that it was an open meeting, that anyone could come to it. He said he is not speaking for the Commission as a whole, it is just his own personal feeling, A motion was made by Commissioner Ashton, seconded by Commissioner Weisgerber that the statement be clarified, that the briefing sessions are open to the news media but not to the public; and further that the statement in the minutes was only the statement of Commissioner Ashton, and not the feeling of the entire Commission. Ayes: (5).1 Nays: (0). Motion carried. I Mayor Caldwell had a question concerning the minutes. He said he did not mention anything about the public being present for the briefing session. He said he did not say anything about the public being invited to the meetings; however someone said the news media reported it would be open to the public, and we did have some people present for the briefing session. He said he tried in some way to tell them, in a nice way, that we did not expect them to be there. Mr. Bill Scholl said he looked in the paper he thought it was in, but it was not there. He said it was his mistake, The Mayor asked if there were any further corrections. There were none, and the minutes were approved as corrected. THE MAYOR PROCLAIMED the Week of March 26 through April 1, 1972 - "A WEEK OF CONCERN FOR MISSING IN ACTION AND PRISONERS OF WAR" and further that Sunday, March 26, 1972 be proclaimed "A DAY OF PRAYER FOR THE LIVES AND SAFETY OF THESE MEN". The proclamation was read by Camie Pugh. 1 1 STAFF AGENDA The City Attorney stated he believed this had been done. He explained that the Building Code Advisory Board consists of craftsmen from each field, with the idea that these craftsmen notify their people about what is coming up at the Building Code Advisory Board meetings, so they may appear before this board to present their problems. He said he assumes they are doing this and he assumes they were notified. The City Manager presented the Commissioners with a copy of Article VI, Chapter 9' of The Salina Code and explained the Electrical Code Panel, and their duties. Commissioner Cooper moved that the Electrical Code Panel be notified that the Building Code Advisory Board would like to have this ordinance amended and that they could express their views to them; then possibly before we take any firm position on their recommendation the Electrical Code Panel should express their views to the Building Code Advisory Board. Commissioner Losik seconded the motion. Mr. Kline Whitaker stated the purpose of the change has been brought to my attention, the electricians are the ones who are seeking this. It is with their recommendation that this change be made. He explained that the code needs to be changed and he said he took it upon himself to submit this to the Building Code Advisory Board, as they requested it be done. Commissioner Cooper said that what you are saying then is that everyone has been notified. Mr. Whitaker said they are aware of it. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE ratifying withdrew her motion, as she was not aware that all parties and confirming a contract with Smoky Hill, Inc., for the construction of certain improvement's had been notified. Commissioner Cooper in the City of Salina, Kansas, and providing for the issuance of temporary notes to pay accept the recommendation the cost thereof, pending the issuance and sale of bonds." A motion was made by Commissionir of the Building Code Advisory Ashton, seconded by Commissioner Cooper to adopt the ordinance as read and the following The Salina Code. The vote was had; Ayes: Ashton, Cooper, Losik, Weisgerber, Caldwell (5). Nays: (0). Carried.] motion was seconded by Commissioner Ashton. Ayes: (5). Nays: The Mayor approved the ordinance and it is numbered 8195. The ordinance was introduced for first reading March 13, 1972. v Number: AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the vacation of a certain easement in Block 2 of the Replat of a part of Bonnie Ridge Addition to the City of Salina, Saline County, Kansas." A motion was made by Commissioner Weisgerber, seconded by Commissioner Ashton to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Cooper, Losik, Weisgerber, Caldwell (5). Nays: (0). Carried The Mayor approved the ordinance and it is numbered 8196. The ordinance was introduced for, first reading March 13, 1972. A MOTION was made by Commissioner Ashton, seconded by Commissioner Losik to set the date of April 3, 1972, to receive bids for one dump truck for the Street Department, and to instruct the City Clerk to advertise for bids. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Losik, seconded by Commissioner Weisgerber to set the date of April 3, 1972, to receive bids for three refuse bodies for the Sanitation Department, and to instruct the City Clerk to advertise for bids. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the Building Code Advisory Board recommending the City Commission amend Section 9-146 of The Salina Code. The City Attorney explained the amendment to the Commissioners; that this is a clarification of the existing section and provides that a Master Electrician for an electrical contractor cannot work for another contractor in the same capacity. Commissioner Cooper asked if we didn't go through this last week? "Shouldn't revisions or amendments to this part of the code go through both of these boards?" The City Attorney stated he believed this had been done. He explained that the Building Code Advisory Board consists of craftsmen from each field, with the idea that these craftsmen notify their people about what is coming up at the Building Code Advisory Board meetings, so they may appear before this board to present their problems. He said he assumes they are doing this and he assumes they were notified. The City Manager presented the Commissioners with a copy of Article VI, Chapter 9' of The Salina Code and explained the Electrical Code Panel, and their duties. Commissioner Cooper moved that the Electrical Code Panel be notified that the Building Code Advisory Board would like to have this ordinance amended and that they could express their views to them; then possibly before we take any firm position on their recommendation the Electrical Code Panel should express their views to the Building Code Advisory Board. Commissioner Losik seconded the motion. Mr. Kline Whitaker stated the purpose of the change has been brought to my attention, the electricians are the ones who are seeking this. It is with their recommendation that this change be made. He explained that the code needs to be changed and he said he took it upon himself to submit this to the Building Code Advisory Board, as they requested it be done. Commissioner Cooper said that what you are saying then is that everyone has been notified. Mr. Whitaker said they are aware of it. Commissioner Cooper withdrew her motion, as she was not aware that all parties had been notified. Commissioner Cooper moved, with that understanding we accept the recommendation of the Building Code Advisory Board and amend Section 9-146 of The Salina Code. The motion was seconded by Commissioner Ashton. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: v Number: 2M The City Attorney mentioned that the City Clerk ought to communicate with the chairman of the Building Code Advisory Board, that this is the wish and desire of the Commission that in the future, they should notify the Electrical Code Panel of the hearing; and in that way, they will be notified of any proposed changes. Commissioner Losik said he thought it was a good idea. AN APPROPRIATION ORDINANCE was introduced and passed entitled: "AN ORDINANCE making an appropriation for the payment of certain claims." (Bills - $83,905.04). A motion was made by Commissioner Weisgerber, seconded by Commissioner Ashton to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Cooper, Losik, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered A-1621. AN APPROPRIATION ORDINANCE was introduced and passed entitled: "AN ORDINANCE making an appropriation for the payment of certain claims." (Payroll - $96,217.54). A motion was made by Commissioner Weisgerber, seconded by Commissioner Ashton to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Cooper, Losik, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered A-1622. None COMMISSION AGENDA PUBLIC AGENDA PETITION NUMBER 3233 was filed by the First Church of the Nazarene, for the annexation of the proposed preliminary plat of the Nazarene Addition to the City of Salina, Kansas. A motion was made by Commissioner Ashton, seconded by Commissioner Cooper to refer the petition to the Salina City Planning Commission. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3234 was filed by the First Church of the Nazarene, for the acceptance of the plat of the Nazarene Addition to the City. A motion was made by Commissioner Cooper, seconded by Commissioner Losik to refer the petition to the Salina City Planning Commission. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3235 was filed by Presley Builders, Inc., for the annexation of proposed preliminary plat of Parkwood Village Addition to the City of Salina, Kansas. A motion was made by Commissioner Losik, seconded by Commissioner Weisgerber to refer the petition to the Salina City Planning Commission. Ayes: (5). Nays: (0). Motion carried. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3236 was filed by Presley Builders, Inc., for the approval of the plat of the survey of the North Half of the NW4 of Section 30, T 14 S, R 2 W of the Sixth Principal Meridian, or Parkwood Village Addition to the City of Salina, Saline County, Kansas. A motion was made by Commissioner Cooper, seconded by Commissioner Losik to refer the petition to the Salina City Planning Commission. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3237 was filed by Presley Builders, Inc., for the rezoning of Lot 6, Block 2; Lot 5, Block 7, and all of Block 8, Parkwood Village Addition to the City of Salina, Kansas, from District "A" (Second Dwelling House District) to District "D" (Local Business District). A motion was made by Commissioner Weisgerber, seconded by Commissioner Ashton to refer the petition to the Salina City Planning Commission. Ayes: (5). Nays: (0). Motion carried. A LETTER WAS RECEIVED from Robert F. Murnahan, requesting an audience with the City Commission to petition for recessed parking on Glendale Avenue south of Albert for the purpose of building an apartment house four plex. Mr. Murnahan was present with Mr. Gene Hindle and presented his plans to the City Commissioners. He said he must have 4 out of 5 to agree. The City Engineer explained that there are restrictions on recessed parking, and it is prohibited on any street less than 40 feet. An exception can be made, but only by the Board of Commissioners. He explained that he cannot issue a permit. 1 I i Commissioner Cooper moved we table the matter for the time being until we get the information. Commissioner Losik said he wanted a report in writing, and recommended Mr. Murnahan get with the City Engineer so he could make a report in the proper manner and give us his opinion if the variance is in order. Commissioner Losik moved this request be tabled until we hear from the City Engineer about the variance and the ramifications of it. It will be considered when they put it back on the agenda. The motion was seconded by Commissioner Ashton. Ayes: (5). Nays: (0). Motion carried. A LETTER WAS RECEIVED from Louis Pauls, requesting a loading and unloading zone in front of his business at 109 West Ash Street. Mr. Pauls was present and stated he had written his letter to the Commissioners and would answer any questions they wanted to ask. Commissioner Cooper stated she understood his problem and wondered why the City removed the parking on West Ash in the 100 Block and not on East Ash in the 100 Block. The City Engineer stated it was because of the traffic count that was taken on the use of the parking places on West Ash and East Ash and it was decided to remove them on West Ash to help the flow of traffic. Commissioner Cooper thought this should be referred to the Traffic Department to reconsider Mr. Pauls request. Commissioner Weisgerber stated that there is a lot of traffic on Seventh Street to Santa Fe looking for parking places. lie said it looks to him like there is more traffic on West Ash and there is on East Ash, The City Manager stated that some time ago, like six or seven years, there was substantially more traffic on this street. Commissioner Ashton asked Mr. Pauls if he has a back door. Mr. Pauls said no, that the only way they could unload merchandise was to carry it across the street or block the alley. He also said he thinks the liquor business is probably different from any other business because they have to pay $300 for a City license, $110 for a State license, and $55 for a Federal license. He said we consider ourselves tax collectors. He said if one of our customers is caught parking in front of the store, he is fined $9.00 for this. A motion was made by Commissioner Cooper, seconded by Commissioner Losik to refer to the City Engineer to consider the possibility of a loading and unloading zone in the 100 Block of West Ash. Ayes: (5). Nays: (0). Motion carried, A LETTER was received from Philip R. Herzig, Attorney for Alonzo R. Wilson, Jr. concerning the vacation of a part of Elm Grove Addition to Salina. A motion was made by Commissioner Ashton, seconded by Commissioner Cooper to refer the request to the Engineering Department and Planning Department for checking. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Losik, seconded by Commissioner Ashton that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. D. L. Harrison, City Clerk 0 CONSOLIDATED-SALINA i WAIVER AND CONSENT TO HOLD A SPECIAL MEETING OF THE BOARD OF COMMISSIONERS We, the undersigned, being the duly elected, qualified and acting Commissioners of the City of Salina, Kansas, and constituting all the Board of Commissioners of said City of Salina, Kansas, do hereby waive notice and consent to the holding of a special meeting of said Board of Commissioners on the 20th day of March, 1972, at 7:30 o'clock P.M., for the purpose of reviewing the Dog Ordinance. Dated this 13th day of March, 1972. Commissioners i i I I� I I