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07-24-1972 MinutesCity of Salina, Kansas Commissioners' Meeting July 24, 1972 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, July 24, 1972, at seven 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 Norma G. Cooper 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: None The Minutes of the Regular Meeting of July 17, 1972, were approved as mailed. THE MAYOR PROCLAIMED The Week of July 23 through July 29, 1972, "DRUM AND BUGLE CORPS WEEK." The proclamation was read by Mr. Bill Scott, President of Salina Silver Sabres, Inc. STAFF AGENDA BIDS WERE RECEIVED for Lakewood Improvements, for planting, etc. (Engineering Project 72-544B) Edward Heffel, Dorrance, Kansas $ 21,791.75 Kline's Landscaping, Salina, Kansas 24,958.00 Twin Valley Nursery, Salina, Kansas 29,656.94 Engineer's Estimate 30,460.00 A motion was made by Commissioner Ashton, seconded by Commissioner Losik to accept the low bid of Edward Heffel in the amount of $21,791.75, subject to the checking of specifications by the City staff. Ayes: (5). Nays: (0). Motion carried. BIDS WERE RECEIVED for Cultural Arts Office Space. (Separate bids for General Construction, Mechanical Work and Electrical Work) General: Johnson Builders, Salina, Kansas $ 15,100.00 Abbott Construction, Salina, Kansas 16,000.00 Busboom and Rauh, Salina, Kansas 17,900.00 Mechanical: Lucas Plumbing, Salina, Kansas 2,720.00 Electrical: Merriman and Hoeffner Electric, Inc., Salina, Kansas 5,394.00 Commissioner Losik said that the architect's proposal showed $20,800.00 for general, mechanical and electrical work, $1,000.00 for site development, $1,800.00 architect fees and $2,000.00 for contingencies. Commissioner Weisgerber asked should we accept these bids? City Attorney stated possibly it should be referred to the architect. Mike Norton, Architect, stated you are within the architect estimate of $25,600.00. Commissioner Weisgerber asked if we accept, will the legal situation be within the law? Don't we have to provide for proper finances and know where the funds are coming from? f City Attorney stated you cannot unless you have the funds available to pay for them. A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to accept bids but take no action until the City Attorney checked the ways of issuing bonds for payment of the Cultural Arts Office Space. Ayes: (5). Nays: (0). Motion carried. FIRE CHIEF BROSS reported on the bids received July 10, 1972, on Fire Equipment for the Fire Department. The Fire Chief recommended the purchase of an American LaFrance Aerial Ladder Truck, $92,619.00 and the American Fire Pumper Truck, $55,356.00. Commissioner Losik stated there are several questions not related to the pumper, but to the aerial I need answers to. This portion of the original specifications which were sent to bidders stated that all bidders are required to quote one price and one price only. All items called for in the specifications shall be included in one price quoted by each bidder and no item shall be separately priced or quoted as an alternate. Now on the American LaFrance Aerial, you show a base bid of $92,902.00, less a deduct of $263.00 for front suction, and a deduct of $20.00 for no louvers in battery door, for a bid of $92,619.00 as low bidder. Is this correct Mr. Bross? Chief Bross stated that the amount was correct. Commissioner Losik stated if this were possible, than the bids as opened could not be changed. The bids as opened in the minutes show American LaFrance, $92,902.00, American Fire, $92,789.00. Were both bidders given the chance to change their bids? Gary Weis stated he was given a chance to give an alternate on the pumper, but not the aerial. Commissioner Weisgerber said you took a lot of material with you and we charged you with the opportunity of working these through. We are not questioning providing which ever piece of equipment would serve the City best --take these aerial trucks for instance - other than front suctions, do you have a preference of one truck over the other? Chief Bross stated yes, we prefer the American LaFrance because our present Aerial, an American LaFrance, will be 25 years old in September of this year. We have received highly satisfactory service from it. On the very few occasions we have needed parts, they have been and still are available. Our fire fighters are familiar with the ladder and have confidence in its safety and performance. The front suction is a desirable feature; and with the deduction, this is the lowest bid. Detroit diesel engines warranted two (2) years in American LaFrance apparatus. Delivery time: Working days - 220 to 240 as compared to 265 working days for other bidder. Commissioner Losik asked aren't both of these trucks equipped with the same diesel engines? Chief Bross stated the American LaFrance diesel engine is guaranteed for 2 years, American Fire did not state a guarantee time. Commissioner Caldwell asked Chief Bross if he was satisfied with the bids? Chief Bross said Yes. City Attorney stated he would like to clarify in his own mind what happened here. When you advertised for bids you cannot ask for another bid on an alternate after the bids have been opened. He explained you are not required to take the low bid when you reserve the right to reject any or all bids. Commissioner Losik told the City Attorney that is why he brought it up; American LaFrance reduced their bid after it was opened. A motion was made by Commissioner Caldwell and seconded by Commissioner Losik to table the purchase of the Fire Equipment for 1 week until the City Attorney and Fire Chief can check out the bid proposals. Ayes: (5). Nays: (0). Motion carried. THE CITY COMMISSIONERS considered a Resolution entitled: "A RESOLUTION of the City of Salina, Kansas, approving Community Renewal Program Number Kansas R-53 (CR) and determining that it conforms to general plan of locality." Letters from the Salina City Planning Commission and the Citizens' Advisory Committee for Community Improvement were received and were recommending approval of the Community Renewal Program. 170 Commissioner Cooper said she would like to comment on the resolution. The City Commission did receive a letter from the Planning Commission but because the vote of the Planning Commission was not unanimous, she visited with members of the Planning Commission and was told - it wasn't the fact that anybody disagreed with it, they felt that they didn't have enough time to study it. I would suggest that staff give us more information maybe we could improve on the present system we are using, but the Planning Commission did recommend approval. Commissioner Losik stated that when we run into something this large - give them adequate time to have an opinion on it and this is one of those things. Commissioner Cooper stated that the Planning Commission did not even have a copy of the Community Renewal Program and she gave them hers. A RESOLUTION was introduced and passed entitled: "A RESOLUTION of the City of Salina, Kansas, approving Community Renewal Program Number Kansas R-53 (CR) and determining that it conforms to general plan of locality." A motion was made by Commissioner Cooper and seconded by Commissioner Ashton to adopt the Resolution as read and the following vote was had: Ayes: Ashton, Cooper, Caldwell, Losik and Weisgerber (5). Nays: (0). The Mayor approved the Resolution and it is numbered 3214 A LETTER was received from the CITIZENS' ADVISORY COMMITTEE for Community Improvement recommending to the City Commission that the property be acquired and cleared through Urban Renewal or a Neighborhood Development Program for development of a park in a two block area bounded by North Santa Fe, North Fifth Street, Otis and Hamilton Avenues. A LETTER was received from the CITIZENS' ADVISORY COMMITTEE for Community Improvement recommending to the City Commission that property be acquired and cleared through Urban Renewal or a Neighborhood Development Program in the area identified in the Community Renewal Program as Phase I, Step 2A, bounded by North Fifth Street, North Front Street, Euclid and Otis Avenues. Commissioner Losik mentioned that this was another situation where we got a letter from the Citizens' Advisory Committee with 30 members present with 12 people voting and the reason some people failed to vote was they didn't understand what was going on and I feel if they have any questions they should express them. Commissioner Cooper stated that at the particular meeting which she attended at St. John's, it was stated no official action would be taken and she thought what some people failed to understand was that official action would eventually be based on opinions expressed at that type of meeting; and consequently the people failed to express themselves. I think the people on the Citizens' Advisory Committee are going to have to start saying what they think. I think part of those people attending the public meeting thought they were going to have other opportunities and would like to have other answers at a later time. Commissioner Losik commented that the vote of the Citizens' Advisory Committee shows there was something wrong. There has to be a reason for that many abstaining. They didn't know what was going on. I wonder if we are giving them enough time. Commissioner Weisgerber stated he thought it came about as a misunderstanding and perhaps we should just accept these letters. Commissioner Ashton thought the commission should accept the letters but because the committee doesn't have their mind made up and I think we should see if Urban Renewal can come up with some idea. I think Urban Renewal should take necessary steps to start a project in this area and work on this 4 block Park area and bring it to a meeting of the minds and get some clarification. Mrs. Iva Priddy presented the Mayor with a petition (which was later numbered 3267) stating that the undersigned do not want any Urban Renewal action, that may in anyway affect our homes. Doris Brack commented that she did not have much to say, but there was nothing she could say except she would not feel at home if she had to move. Reverend Balint, who represents a small minority, stated that he wondered if the need for a park is that great, there are some wheat fields in the area that could be used for parks. • Mildred Hill stated that she was going to be disliked, but she was for it. It was about time they started doing something to build up the North end. I Commissioner Ashton asked Reverend Balint how far have you been involved in this area. Not very far, stated Reverend Balint. I asked for an appointment with someone at St. John's and was told it wasn't necessary. Commissioner Ashton commented that the area east is for St. John's School, not the one South of St. John's. Reverend Balint said I challenge the point of moving people. Nora Longbine asked why Urban Renewal? Commissioner Weisgerber stated, well, it has to do with money. Mrs. Longbine said she understands there are 30 agencies who would help St. John's get the necessary property needed. Commissioner Cooper informed Mrs. Longbine that it is mostly for administrative purposes. But in the 2 blocks east there are a number of people involved, and these people would be placed in the North end again if they so desired. People should realize that these are done in small stages, not on the large scale as the Northeast Industrial Area. These people will be given an opportunity to be heard. Mrs. Longbine stated she was not in the area, but was concerned. In our area we have been getting old structures demolished to clean up the North end. Not on a large scale like Urban Renewal usually does. Commissioner Weisgerber stated that under the current rules of HUD, you don't take large areas. There isn't going to be a wholesale taking of areas. Commissioner Ashton said he would like to comment --why under Urban Renewal. One reason is because they have relocation payments to take care of costs, etc. These expenses are borne by Urban Renewal Program. I don't know of any of these others and they won't give monetary assistance. Mrs. Longbine asked why they didn't extend Thomas Park to the South in the area where some landscaping company is using the land. Commissioner Weisgerber mentioned the park in this area by St. John's School is in the park long range study. For example, we will be needing to move Carver Center. The Mayor also stated that in the letter from the Citizens' Advisory Committee they would be holding another meeting to discuss the proposed park development. A motion was made by Commissioner Ashton, seconded by Commissioner Cooper to accept the letter of the Citizens' Advisory Committee on the Park Area south of St. John's School and to give top priority to area east of St. John's School so Urban Renewal can proceed and acquire this area for the School. Ayes: (5). Nays: (0). Motion carried. None COMMISSION AGENDA PUBLIC AGENDA PETITION NUMBER 3264 was filed by Byron Rogers for the rejection of rezoning petition number 3260, asking rezoning of Lots 12, 13, 14, 15, 23, 24, 25, 26, Block 15, Belmont Addition to the City of Salina, from District "A" (Second Dwelling House District) to District "D" (Local Business District). 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 3265 was filed by Kathleen J. Nelson for the rejection of re- zoning petition number 3260, asking rezoning of Lots 12, 13, 14, 15, 23, 24, 25, 26, Block 15, Belmont Addition to the City of Salina, from District "A" (Second Dwelling House District) to District "D" (Local Business District). 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 3266 was filed by Donald M. Heller, 1844 Lewis, for the rezoning of Lots 7, 9, 11, 13, 15, 17, 19, Block 4, Episcopal Military Addition, from District "B" (Two Family Dwelling House District) to District "E" (General Business). A motion was made by Commissioner Losik, seconded by Commissioner Ashton to refer the petition to the Salina City Planning Commission. Ayes: (5). Nays: (0). Motion carried. REQUEST from Javelin Corporation for the City to issue Industrial Revenue Bonds for them to purchase a site, make improvements, and purchase tire recapping equipment. Mr. Whitworth, of the Salina Chamber of Commerce, presented the City Commissioners with a letter asking that the City issue $400,000.00 in Industrial Revenue Bonds for the Javelin Corporation, Minneapolis, Minnesota, for the purpose of purchasing a site, building and equipment for a recapping operation. City Attorney explained that the City could issue the bonds and lease the facilities to the Javelin Corporation, probably over a 10 year period at no cost whatsoever to the City. The company must repay the bonds from its revenues. Commissioner Losik stated the City would have no obligation to pay the bond and interest. Mr. Losik asked Mr. Whitworth if Javelin Corporation would comply with all present and future environmental guidelines. Mr. Whitworth said yes they would. Commissioner Losik also asked about the request for sewer extension to this facility, if it would come under Resolution Number 3113. City Attorney stated the lease with Javelin Corporation would be drawn up so that they comply with Resolution 3113 before any improvements are installed. A motion was made by Commissioner Ashton, seconded by Commissioner Caldwell to authorize the City Attorney to prepare the necessary ordinance for the issuance of Industrial Revenue Bonds in the amount of $400,000.00. Ayes: (5). Nays: (0). Motion carried. MAYOR Weisgerber stated this item is not on the agenda, but I have 100/ approval of the other commissioners. Mr. Shadwick, Republican Party and Clarence King, Democratic Party, has asked to be heard today. Mr. Shadwick and Mr. King gave their views on the recent fact that an official within the City Inspection Department has issued violation notices to various candidates, under Section 6-8B of the zoning ordinance which prohibit the placing of political signs on property. We think there are many times when personal freedom is being improperly infringed upon. One candidate had signs removed from their yard by a police officer. This is a serious thing as far as candidates are concerned. This enforcement has never been in the past and we feel that one way or another this should be taken care of either by interpretation or amendment of the ordinance and we need to get this taken care of as quickly as possible. Mr. Shadwick mentioned a case where a policeman took up the sign and placed it on the lady's porch. The officer was very nice, but this lady doesn't want anymore signs in her yard. Barbara Ballou stated she has signs in her yard, but there should be a time limit. The City Attorney stated the violation notices had been issued to the wrong people. They should have been directed to property owners instead of the candidates. It was pointed out that it will be difficult to draft an amendment to the ordinance to permit posting of political posters and not open the door for other forms of advertising. Commissioner Caldwell moved the matter be referred to the Salina Planning Commission. Commissioner Cooper asked why Planning, isn't it a legal matter? City Attorney stated, what we have here relates to the zoning ordinance. In order to amend the zoning ordinance the Planning Commission has to advertise and hold a public hearing and make a recommendation to you. Commissioner Losik stated, it so happens that since we have a meeting with the Planning Commission tomorrow evening we can bring this up to them so the mechanics can get started sooner to change the ordinance if necessary. A motion was made by Commissioner Caldwell, seconded by Commissioner Ashton to refer this to the Salina Planning Commission. Ayes: (5). Nays: (0). Motion carried. Commissioner Cooper stated, I would like to say in regard to the particular matter, I hope people understand that the ordinance is at fault and not the City employees. Commissioner Losik, this is for general information, for people driving on East Iron might notice the way the Community Theatre site is being cleared. It is great the way everybody, from Mr. Boyer on down, has pitched in and helped. A motion was made by Commissioner Caldwell, 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 1 1