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05-15-1972 MinutesCity of Salina, Kansas Commissioners' Meeting May 15, 1972 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, May 15, 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 Jack Weisgerber, Chairman presiding Commissioner Leon L. Ashton Commissioner Robert C. Caldwell Commissioner Mike Losik, Jr, comprising a quorum of the Board, also: L. 0, Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent; Commissioner Norma G, Cooper The Minutes of the Regular Meeting of May 8, 1972, were approved as mailed. THE MAYOR PROCLAIMED Sunday, May 21, 1972 (The Third Sunday in May) - "I AM AN AMERICAN DAY". The proclamation was read by Mrs, K. R. Shutts, of the Salina Council P.T.A. THE MAYOR PROCLAIMED May 14 through 20, 1972 - "TAG DAY AND FREEDOM FUND PROCLAMATION, 1972". (Sponsored by the National Association for the Advancement of Colored People). The proclamation was read by Rev. J. E. Jones. THE MAYOR PROCLAIMED May 20, 1972 - "FIRE FIGHTER MDAA DAY", in honor of their annual fire fighter boot brigade. (Sponsored by the International Association of Fire Fighters, Local # 782). The proclamation was read by Kay Richards. THE MAYOR PROCLAIMED the Week of May 14 through 21, 1972 - "NURSING HOME WEEK". The proclamation was read by Mrs. Audrey Shellenberger, Administrator of Kenwood View Nursing Home. Mrs, Ann McCall, Administrator of Windsor Estates,,and Mrs. Russell Caswell, Administrator of Shalimar Nursing Home, were also present. Mayor Weisgerber commented that next Monday is the regularly scheduled evening meeting, and is also Commencement for Salina High School South, and Mr..Caldweli and several members of the staff will be unable to be here. He asked about having the meeting at four o'clock instead of seven o'clock, Commissioner Losik asked, "What ramifications are we going to be running into here? Are we going to come up with anything else down the line here, that is going to have a precedent over a City Commission meeting?" Mayor Weisgerber said that in a year, this is the first time we have run into this kind of an activity. Commissioner Losik said, "The evening meetings, even though they have been approved, I don't think they have been given a real opportunity, because it seems for the number of weeks we have been authorized to do it, and the number of activities that have come up to prevent it. I hate to see any more of them done away with. I agree there are two things pressing for a full commission. Is there any afternoon that we can all five meet at four o'clock? Is there anything from the legal standpoint to change this Larry?" The City Attorney explained that they would have to call a special meeting for four o'clock, Commissioner Losik moved to hold a special meeting at four o'clock, Monday, May 22nd, to consider the two items which have been pending for several weeks awaiting a full Commission, and hold the regular meeting as scheduled. Commissioner Caldwell seconded the motion, but asked why the complete agenda couldn't be discussed at the special meeting? The two items will be the main things to be discussed that day, everything else will probably be routine, He said he is willing to do the will of the Commission. Commissioner Losik amended his motion to include that, but he said the Commission will still have to come back at seven as a legal aspect of it though, isn't that right Larry? The City Attorney said, "No, when you are not going to have a quorum, you don't meet. You announce in advance that a quorum will not be present and no meeting will be held." Commissioner Losik said he would like to do some advance planning to make sure no more of the night meetings get side-stepped. Mayor Weisgerber called for a vote on the motion to have a special meeting at four o'clock next Monday, May 22, 1971, to discuss the items on the agenda for the regular meeting. Ayes: (4). Nays: (0), Motion carried. STAFF AGENDA BIDS WERE RECEIVED for the Gasoline Supply for the Central Garage for the period of May 19, 1972 through November 16, 1972. The bids were opened and tabulated and a motion was made by Commissioner Caldwell, seconded by Commissioner Ashton to award the bid to Gulf Oil Company, as the low bidder for the six month period. (Ethyl.1340(t; Regular .1151(t; 3 to 1 ratio .1292(t per gallon). Ayes: (4). Nays: (0). Motion carried. BIDS WERE RECEIVED for the Gasoline Supply for the Fire Department for the period of May 19, 1972 through November 16, 1972, The bids were opened and tabulated and a motion was made by Commissioner Caldwell, seconded by Commissioner Ashton to award the bid to Gulf Oil Company, as the low bidder for the six month period, (Ethyl ,1433(t per gallon). Ayes: (4), Nays: (0), Motion carried, ---- BIDS WERE RECEIVED for the Diesel Fuel Supply for the period of May 19, 1972 through November 16, 1972. The bids were opened and tabulated and a motion was made by Commissioner Caldwell, seconded by Commissioner Ashton to award the bid to Farmers' Co -Op, as the low bidder for the six month period. (.1087(t per gallon). Ayes: (4). Nays: (0). Motion carried. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE levying special assessments against certain property to pay the cost of constructing certain sidewalks in the parking abutting the following property, to -wit: A concrete sidewalk installed along the property line on the east side of Tenth Street, adjacent to Lots 1, 9, 11, 13, 17, Block 44, Military Addition to the City of Salina, Saline County, Kansas. A concrete sidewalk on the west side of Haskett Avenue from Otto Avenue north 110 feet, adjacent to the east line of Lot 1, Block 1, Nordboe Addition. A concrete sidewalk on the south side of Otto Avenue from Haskett Avenue to Mars Avenue, adjacent to Lots 1, 2, 3, Block 14, Wallerius Addition. A concrete sidewalk on the south side of Otto Avenue from Mars Avenue to Neptune Avenue, adjacent to Lots 1, 2, 3, Block 13, Wallerius Addition. A concrete sidewalk on the east side of Neptune Avenue from Venus Avenue to Otto Avenue, adjacent to Lots 1, 16, 15, Block 10, Wallerius Addition. A concrete sidewalk on the east side of Hageman Avenue from 110 feet north of Otto Avenue to 110 feet south of Yale Avenue, adjacent to an unplatted tract of land. A concrete sidewalk on the east side of Seventh Street, adjacent to the South 20 feet of Lot 2, and all of Lot 3, Block 7, Calkins Addition, to replace a brick sidewalk. A concrete sidewalk on the north side of Jewell Avenue, adjacent to Lot 18, Jewell Avenue, Addition to the Grounds of Kansas Wesleyan University." A motion was made by Commissioner Ashton, seconded by Commissioner Losik, to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Caldwell, Losik, Weisgerber (4), Nays: CO). Commissioner Cooper absent. Carried. The Mayor approved the ordinance and it is numbered 8206, The ordinance was introduced for first reading May 8, 1972. A LETTER was received from the Salina City Planning Commission recommending the approval of Petition Number 3240, which was filed by the Hanson Development Company for the rezoning of the Mall property from District "A" (Second Dwelling House District) to District "D" (Local Business District). A motion was made by Commissioner Ashton, seconded by Commissioner Caldwell to accept the recommendation of the Salina City Planning Commission and introduce an ordinance for first reading for the rezoning of the property. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: r()a„ 2 2 19 12- Number: g2 o 7 A LETTER was received from the Salina City Planning Commission requesting the City Commission establish a future street right-of-way line 45 feet on either side of the section line for Crawford Avenue, from Marymount Road west to the center of the Smoky Hill River channel, by ordinance. A motion was made by Commissioner Caldwell to take the matter under advisement, and refer it to the City Engineer. The motion was seconded by Commissioner Ashton. Ayes: (4). Nays: (0), Motion carried. A LETTER was received from the Salina City Planning Commission recommending the approval of Petition Number 3232, which was filed by Union Cemeteries Association, Inc., requesting the rezoning of the North 200 feet of the NE4 NE4 19-14-2 to District "DD" (Office District), contingent upon the filing of an approved plat with the Register of Deeds describing the boundaries of the land requested for rezoning. Commissioner Caldwell said that since these both have the same concern, the right- of-way, he said he doesn't see how they can do anything about this until the report on the right--of-way is taken care of. Commissioner Caldwell said he did not know if the Planning Commission had met with any opposition to this. Mr. Stan Nelson, Attorney, representing approximately 35 lot owners in Roselawn Memorial Park Cemetery, presented a petition with those signatures on it. The petition was later numbered 3252. Mr. Nelson said, in all fairness, the City Planning Commission did not have this matter before it. Apparently the newspaper article which appeared after it was considered brought these people to light, and they would like to be heard. He said he did not know if the Commission would feel it would be more propitious to return it to the Salina City Planning Commission or to have a full hearing here; but, he did advise them that they had not had any objections, or heard any objections, Mr. Marietta said that there was a hearing, a public hearing, on this by the Salina City Planning Commission and everyone was notified. Many people were contacted and there was no opposition whatsoever at that time, and he added this does not involve the right-of-way situation. Sub -paragraph "C" of the Planning Commission recommendation has been discussed thoroughly with Mr, Darnell and all problems of that kind have been met satisfactorily to the City and we had no indication of any lot owners objection until this time. We still don't have any disclosure as to the ownership, and we would like to have a decision, if at all possible, on this matter at this time. A motion was made by Commissioner Ashton, seconded by Commissioner Caldwell to refer the petition back to the Salina City Planning Commission until they do have a definite right-of-way established and it is all put together in one deal, and clarified for everyone before final approval is given, Ayes: (4). Nays: (0). Motion carried. WITH THE APPROVAL OF THE CITY COMMISSION, THE CITY ATTORNEY reported on the mini -bikes. He reported that he met with Herb Clark of the Salina Police Department and Harold Dickey of Dickey's Cycle Shop. The City Attorney recommends the adoption of an ordinance prohibiting the operation of motor vehicles, motorcycles, or motor driven cycles upon any portion of public property, other than the improved portion of streets, and providing certain exceptions thereto, and these exceptions be established by Resolution describing a specific "City Activity Area". The City Attorney recommended that a permit to use a City Activity Area be issued under the following conditions: 1. That the mini -bike, go-cart or other vehicle for which the permit is issued shall be powered by a motor which is capable of producing not to exceed five (5) horsepower and which motor shall be equipped with the muffler designed for it which must be kept in a good state of repair. 2. That the operator of said mini -bike or go-cart shall be under the age of 16 years. 3. That the operator shall use the same protective equipment as required of operators of motorcycles upon the public streets. 4. That the operator must be under the direct supervision of an adult at all times said mini -bike is being operated on City property. 5. That the applicant execute a release relieving the City of any liability for injuries which might result to the operator of said mini -bike while upon City property and hold said City harmless from injuries to the operator or others resulting from said use. 6. That violation of any conditions or restrictions shall revoke said permit. 7. That City may revoke all permits at any time. Commissioner Losik said these recommendations have followed the guidelines set out by the Board of Commissioners and moved that the ordinance be introduced for first reading. The motion was seconded by Commissioner Ashton. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: I (�Q,, _,22y i912- Number: gZ 0 $ COMMISSION AGENDA "DISCUSS AND RECONSIDER THE CITY OF SALINA'S POSITION ON S.B. 333, PUBLIC EMPLOYER - PUBLIC EMPLOYEE RELATION LAW, AS REQUESTED IN LETTER DATED MARCH 7, 1972, FROM LOCAL # 782, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS." (COMMISSIONER LOSIK) (Tabled at the meeting of April 24, 1972, May 1, 1972, May 8, 1972) The issue is tabled again until all five Commissioners are present. "DISCUSS THE CITY PROVIDING OFFICE SPACE FOR CULTURAL ARTS COMMISSION PRIOR TO THE LETTING OF BIDS FOR THE CONSTRUCTION OF THE SALINA COMMUNITY THEATRE BUILDING." (Commissioner Losik) (Referred at the April 17, 1972 meeting, tabled May 1, 1972, May 8, 1972) The issue is tabled again until all five Commissioners are present. PUBLIC AGENDA PETITION NUMBER 3250 was filed by Raymond Houck for traffic control lights at the intersection of Crawford and Montrose and Hancock Streets, in Salina, Kansas, and stop signs at the railroad track. A motion was made by Commissioner Ashton, seconded by Commissioner Losik to refer the petition to the City Engineer for study, and a report back in two weeks. Ayes: (4). Nays: (0). Motion Carried. (There will be no meeting May 29, 1972, the report will be June 5, 1972) A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Ronald P. and Alvin L. Thompson, d/b/a Taco Pete, 1416 South Santa Fe Avenue. (New). A motion was made by Commissioner Ashton, seconded by Commissioner Caldwell to approve the license application and authorize the City Clerk to issue the license. Ayes: (4). Nays: (0). Motion carried. — A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Michael Wayne Hawk, d/b/a The Office, 140 South Fifth Street. (New). A motion was made by Commissioner Caldwell, seconded by Commissioner Ashton to approve the license application and authorize the City Clerk to issue the license. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from Eloise French, d/b/a Radio Cab Company - Yellow Taxi, requesting the approval of a taxicab rate increase. Her son, Edward French, compared the rates in Salina with several cities across the country, and pointed out that Salina's rates are at the botton. They said the last rate increase was made in July or August of 1970, and they are asking for an approximate increase of 15(t a trip. A motion was made by Commissioner Ashton, seconded by Commissioner Caldwell to table the issue for one week, so it can be discussed in executive session next Monday. Ayes: (4). Nays: (0). Motion carried. A motion was made by Commissioner Losik, seconded by Commissioner Caldwell that the Regular Meeting of the Board of Commissioners adjourn. Ayes: (4). Nays: (0). Motion carried. D. L. Harrison, City Clerk 1 114