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10-02-1972 Minutes1 1 City of Salina, Kansas Commissioners' Meeting October 2, 1972 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, October 2, 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 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 Mayor called for the approval of the Minutes of the Regular Meeting of I September 18, 1972. Commissioner Cooper said during the Commission discussion on the Youth Crisis Center, on Page 6 of the minutes, after paragraph 3, "1 had taken exception to the time and information available on that particular item. Commissioner Caldwell and I had an exchange about the back room meetings and at this point had said, 11 had worked my tail off to get the facts I had'. The minutes alluded to this conversation, but I believe should reflect the fact that it was said. This is also the only part the news felt important enough to quote verbatum and I would like for it to be entered into the record of this meeting. Because I made those comments,l would like to have them entered." 3 i The Minutes of the Regular Meeting of September 18, 1972, were approved as corrected. THE MAYOR presented five 25 year City Service Awards and twenty 10 year City Service Awards to City Employees, and thanked them for their many years of service. THE MAYOR PROCLAIMED the Week of October 2 to October 7, 1972 - "LIONS WEEK FOR THE VISUALLY HANDICAPPED" and October 7, 1972 - "CANDY DAY FIGHT FOR SIGHT." The proclamation was read by Mr. A. G. Williams, Chairman of the Lions Candy Day. THE MAYOR PROCLAIMED the Week of October 8 to October 14, 1972 - "FIRE PREVENTION I WEEK". The proclamation was read by Inspector Laverne Brockway, Salina Fire Department. He said Fire Prevention Week started with the Great Chicago Fire, October 9, 1871. THE MAYOR PROCLAIMED October 5, 1972 - "SILVER ANNIVERSARY SHARE A SONG DAY". The proclamation was read by Mrs. W. W. (Mary) Wilson, Chairman of the Anniversary Committee of the Sweet Adelines. STAFF AGENDA BIDS WERE RECEIVED for Seven Police Vehicles: Bell Motor Company $21,898.00 with one exception, American Motor Company does not supply electric door locks. No delivery date stated. Long -McArthur, Inc. 22,678.00 - delivery in 6 to 8 weeks Jim Sullivan Chevrolet 22,802.00 - 90 day delivery Marshall Chrysler -Plymouth 23,634.00 - 40 to 60 day delivery The City Manager suggested the bids be referred to the Police Department and the Central Garage for checking against the specifications, and for a report back at the next meeting. A motion was made by Commissioner Ashton, seconded by Commissioner Caldwell to accept the bid of Bell Motor Company, as the low bidder, subject to the approval of the Central Garage and Police Department, and then if the exception does have a bearing, then it should go to the next low bidder - Long McArthur. Ayes: (5). Nays: (0). Motion carried. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE permitting the posting of political signs in District "AA" under certain conditions, amending Section 6 of Ordinance Number 6613." A motion was made by Commissioner Losik, seconded by Commissioner Ashton to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Caldwell, Cooper, Losik, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8247. The ordinance was introduced for second reading September 18, 1972. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Zoning Ordinance Number 6613 and the Zoning District Map therein and thereby adopted and providing for the rezoning of certain property within the City and prescribing the proper uses thereof." (For the rezoning of the North 200 feet of the NE!" of Section 19-14-2 to District "DD" (Office District), as requested in Petition Number 3232, filed by Union Cemeteries Association, Inc.) A motion was made by Commissioner Losik, seconded by Commissioner Ashton to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Caldwell, Cooper, Losik, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8248. The ordinance was introduced for first reading September 18, 1972. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Zoning Ordinance Number 6613 and the Zoning District Map therein and thereby adopted and providing for the rezoning of certain property within the City and prescribing the proper uses thereof." (For the rezoning of Lots 7, 9, 11, 13, 15, 17, 19, Block 4, Episcopal Military Institute Addition to District "E" (General Business District) as requested in Petition Number 3266, filed by Donald M. Heller) A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Caldwell, Cooper, Losik, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8249. The ordinance was introduced for first reading September 18, 1972. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Zoning Ordinance Number 6613 and the Zoning District Map therein and thereby adopted and providing for the rezoning of certain property within the City and prescribing the proper uses thereof." (For the rezoning of Lot 5, Bi-ock 6, Oakdale Addition to District "C" (Apartment District), as requested in Petition Number 3268, filed by Richard Bergen). A motion was made by Commissioner Ashton, seconded by Commissioner Caldwell to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Caldwell, Cooper, Losik, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8250. The ordinance was introduced for first reading September 18, 1972. A LETTER was received from the Metropolitan Planning Commission recommending the amendment of Sections 3 and 25 of Ordinance Number 6613, to establish a Board of Metropolitan Zoning Appeals and enumerate the powers and duties of the board. A motion was made by Commissioner Ashton, seconded by Commissioner Losik to accept the recommendation of the Metropolitan Planning Commission and introduce the ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: l912- Number: S ZS A LETTER was received from the Metropolitan Planning Commission recommending the approval of the rezoning of the West 60 feet of Block 10, of the Replat of Lots 1 to 15, inclusive, of the Garden Home Addition and Lot 9, Block 6, except the West 10 feet thereof, Replat of Blocks 4, 5, 6, of the Replat of Lots 1 to 15 inclusive, of the Garden Home Addition, as requested in Petition Number 3270, which was filed by Virgil Bagley. A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to accept the recommendation of the Metropolitan Planning Commission and introduce the ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: LL 1912- Number: SZS 2- A A RESOLUTION was introduced and passed entitled: "A RESOLUTION designating the official depositories for all moneys of the City of Salina, Kansas, and directing the City Treasurer to deposit all moneys received by him therein." A motion was made by Commissioner Ashton, seconded by Commissioner Losik to adopt the Resolution as read and the following vote was had: Ayes: Ashton, Caldwell, Cooper, Losik, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3128. THE COMMISSIONERS considered the approval of a.Hillcrest Mausoleum Deed for the sale of Deluxe Crypt "G" to Bertha Roseman. The City Clerk reported this is a matter of formality. We keep 30% of the $700.00 received for the sale of this crypt and the other 70% goes to District Court to be applied to an old suit on file there. The City Attorney explained that years and years ago the mausoleum was built by the Vermont Marble Company, and in the agreement they were to sell crypts and guarantee the care of them. He added this company went into bankruptcy, and there was a suit filed in District Court. After the court proceedings, the mausoleum was turned over to the City of Salina, and they were authorized to sell these crypts. The court order provides the City of Salina is allowed to keep 30% of it and the other 70% goes back into court and is distribute) in accordance with the court order, and it also provides that anytime there is a sale made, the City Commission must authorize the Mayor to sign the deed. He said all we are doing is complying with an old court order that was entered approximately 25 years ago. A motion was made by Commissioner Ashton, seconded by Commissioner Caldwell to authorize the Mayor to sign the Hillcrest Mausoleum Deed. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER filed Estimate Number 4 for Engineering Project 72-544 for street improvements in Lakewood Park, for Smoky Hill, Inc., in the amount of $6,672.00. A motion was made by Commissioner Ashton, seconded by Commissioner Caldwell to approve the Engineer's estimate. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER filed Estimate Number 2 for Engineering Project 72-549 for street improvements (slurry seal) for Ballou Construction Company, Inc., in the amount of $19,223.32. A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to approve the Engineer's estimate. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER filed Final Estimate for Engineering Project 72-550 for street improvements (machine laid overlay) for Brown & Brown, Inc., in the amount of $2,126.40. A motion was made by Commissioner Ashton, seconded by Commissioner Caldwell to approve the Engineer's estimate. Ayes: (5). Nays: (0). Motion carried. A SPECIAL HEARING on Appraisers Report for Engineering Project 72-547 for sanitary sewer extension to serve Lakewood Addition was held. No protests, written or oral,' were filed. A motion was made by Commissioner Ashton, seconded by Commissioner Losik to approve the appraisers report and introduce the assessment ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: ����„Q,�„ �197z- Number: 72S3 THE COMMISSIONERS considered a statement of charges (No. 7) for Bucher and Willis, Consulting Engineers, Planners and Architects for services performed for the City of Salina, in connection with Salina C R P, Kansas R-53, in the amount of $11,052.93. The payment was tabled at the meeting of August 28, 1972, until additional printed material was received, The contract has now been completed. The City Manager presented each Commissioner with a copy of the CRP Summary. A motion was made by Commissioner Losik, seconded by Commissioner Ashton to approve the payment of charges. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA "DISCUSSION OF CITY BID PROCEDURES". (Sponsored by Commissioner Cooper) Commissioner Cooper said, "This item is on the agenda because of questions that I had in the past on this same subject. The City has more than one guideline for bid procedures. Some bids must meet specifications, period. Other bids call for meeting specifications with any exceptions noted in writing. Exceptions, whether written or otherwise, mean they are not meeting specs, so I suggest the department decide their needs and their requirements, and the City receive bids on this basis and we eliminate all exceptions. I further propose we use this system for any insurance coverage the city may need for property or personal. If we have a uniform bid policy, anyone who can provide the product or the service has an equal chance to obtain City business, if they are interested, and I would like to reduce that to a simple form and ask this Commission to adopt a uniform bid practice that states specifications for products or services that the City requires, and eliminate all exceptions, that is in the form of a motion." Commissioner Losik said he would second the motion so they could go into discussion. Mayor Weisgerber commented he didn't think specialized equipment could be tied down that closely, because there are some variances, one company may do the job with a certain hydraulic system, and another may do it with air, and so forth, and this may eliminate one company all together. Commissioner Cooper replied, "Not necessarily, and I don't pretend to have this expert knowledge, but the departments do. They know what their requirements are and what their needs are. They can list the specifications, the City can accept bids, then if you find your specs are far out of line, you are going to have to pull back and start over; but I should certainly think that the people who are in charge of the departments should be knowledgeable enough to know what their needs and their requirements are, because when we get into this area of exceptions, then the Commission is faced with it." She asked, "Why do we accept this bid with this exception and not this exception? This is the conflict we encounter. We have to decide between the exceptions, not the bids." Mayor Weisgerber said, "In these areas I think we have to rely on the department heads and the men who know this equipment. Is it not true, on any bid for the City that the Commission can reserve the right to reject or accept any of these bids?" The City Attorney said, "As far as equipment is concerned, we have no State Law that says we have to take bids, period. For cities of the first class, the only law we have that requires competitive bidding is on construction contracts for streets, bridges, sidewalks and any public improvement. It says for any of these the City must have plans and specifications and an engineer's estimate, and if the amount exceeds $2,000.00, you must submit it for bids, and in the event no bids are received within the engineer's estimate, they shall all be rejected and you rebid it. Now, as far as personal property, there is no State Law that actually says you have to accept bids, you can just go out and negotiate it and purchase it. I think the policy has always been to take bids in the past because when you have competitive bidding, you probably get a better price, and everyone has an opportunity to bid on them. In cities having a population of over 50,000, they may, it is permissive, that they may appoint a purchasing agent and if they do this, then, of course, it is manditory that they take bids for these various things. Actually right now, as far as the City of Salina is concerned, we have no State Law that says you have to take bids." -- Mayor Weisgerber said, "Today is a case in point. We had two different bids. The low bid hasn't quite complied with the police specifications, but it seems to me in this case it would be completely logical to let the Police and Central Garage survey this thing, and if they feel this is a very important item, then I think we will go with a slightly higher bid. On the other hand, if they feel this item isn't of that much importance to them, then we can go with the lower bid. It gives the City more leeway to get the equipment they want at the cheapest price." The City Attorney explained the right to reject any or all bids is sort of a must. He said, "Sometimes you may get a bid from a person you know to be completely irresponsible, that he couldn't perform and you might want to eliminate him, so you do reserve this right, however it is very seldom exercised." Commissioner Cooper said, "I wasn't proposing we not maintain this right at all. Now, if we are going to use today's bid as an example, if the Police Department initially had not felt that the electric locks were a needed item, they shouldn't have put it in the specifications. They obviously felt that it was a necessity or they wouldn't have put it in the specs. That is what I am saying, we have to sit up here and try to decide between the exceptions. What if we had had two exceptions. If we had had two bidders today and both of them said we can't meet the electric door locks. Then we have to decide between the exceptions." Mayor Weisgerber replied, "In this case we would refer this back to those getting the equipment. This is in the realm of their knowledge and ability. The same way on fire equipment. We can't be expert on all the many, many things that go on an aerial quint ladder truck. We must take the recommendations of the men who are working with it, they are the experts in the field." Commissioner Cooper replied, "I agree, but I agree those same men who are the experts and who I will yield to, for crying out loud, they are the ones who are drawing up these specs, so once they have done this, and the City takes bids on it, then all bidders should have the same chance. They either have to meet the specs or their bid is going to have to be rejected. Now this is up to the department to decide what those specifications are." 1 Commissioner Losik commented he hated to use today's deal as an example, but it is the most current and it is a good one to use. "Are those electric door locks worth $780.00 difference? First of all, getting back to the original specs, here last year or the year before, I think this same situation came up where a company couldn't meet specs because of no electric door locks. Now if this is a requirement and it is one that can be waived, now we are going to be in a predicament here, this goes back, if they decide to waive this item, which they knew existed prior to this, then we are running into personalities as to whether this is the piece of equipment I want, and to heck with the electric door locks because it is going to save us $780, or we are going to go ahead and put out $780 because this is what we said. Now if this be the case, then what we have done is we have eliminated bid procedures, we are going on preference. I think this is perhaps what is being brought up here. Now granted, there are some isolated pieces of equipment because of current changes, method of operation, actual uses of it, but here again, this is where your departments can take and in their specs ask and state that this particular item is an alternate item, and you eliminate this type of thing. Right now we are going to run into a very sticky situation herr✓ regardless of how it is going to be resolved. We are going to have a $780 thing being thrown',, at us for electric door locks. Maybe the next person who did not get it and waiver of the electric door locks came up, may say well, there must have been a personal preference there. In other words this is not a good situation. If we are going to bid it, we should bid it. If not, if we are going to negotiate them, let's negotiate them. What about these others? Let's say we did go for one with no electric door locks, are we going to deprive the next bidder of the same opportunity to reduce his? And if we do that, then we are getting into a type of negotiating after the bids have been opened." The Commissioners rediscussed their views. Mayor Weisgerber said, "Included in what Commissioner Cooper has proposed is our insurance, which a little earlier this year we decided should be bought through the Salina Insurance Board, as being the best way to buy our insurance, and getting us the most complete coverage; so consider this in your thinking." Commissioner Losik said, "I think we are going into an area here that the purpose of bidding is very basic. It's to give equitable treatment to people who can supply the City with services and equipment, to the City's specifications at the lowest cost. Now I think this is just a good practice regardless of what it is we are purchasing. Now, true, we can't do that on paper clips, and there we have to be reasonable because the savings would not justify the additional expense and so forth; but on areas where there are substantial moneys involved, I don't feel that the numerous changes in everything that is taking place, nothing remains the same, that we can arbitrarily sit here and say we have been doing it for years, so therefore that is the best method, nor can we say that we should make exceptions because then we have turned around and defeated the purpose of the bid to allow an individual to present to us like items at a variance in cost on what we have specified, so regardless of what the product or the equipment or service or what it is we are asking for, we know pretty much what we want. We are asking people who are in that particular business to provide us with what they can do for us at a set price with the idea that the taxpayer gets the best possible equipment for the lowest possible dollar. To do other than that is defeating the purpose of bids, and if we are not going to do that, and if we are going to negotiate after the bids, then I think we are just spinning our wheels and we should just go ahead out on the open market and buy it, because that is just what it boils down to." Commissioner Ashton commented, "I think we have had real good specs drawn up on all these police vehicles and I feel they have made a study of this. The department heads have compiled all the information that they could get at their disposal to get something that was qualifying for the job they wanted to do and I feel just like on today's bids there, if they want to take it at a lower figure, then we have saved the City that much money, but if they think it is important enough that they need it, then they have guidelines to take the next low bid, which I think was clarified, and I think this is the procedure we have done in the past and I feel we are getting what we want for the money that we spend and I don't think we have ever overpaid on anything we can purchase through the present way our bidding is let and I feel that we should just stay the way we are because I think we need guidelines and a little leniency there on this bidding. Commissioner Caldwell said, there was a unanimous vote to accept the Bell Motor Company bid without the locks and if it does make a difference, then the second low bidder would receive the bid. Commissioner Losik commented that was because it had not been discussed yet. Mayor Weisgerber said, "We have done all the talking about the police vehicles and fire vehicles, and I think one of the main issues is the policy for buying insurance." Commissioner Cooper commented it is both, one isn't primary over the other, and she said she would be glad to split her motion if it would help anybody. 1)99 Mayor Weisgerber said, "There again I think we are up against a somewhat similar situation that applies to some of this equipment. Insurance coverages aren't quite that uniform from one company to another. It is not that easy to set up precise specifications that you can tie to in insurance and insurance bidding." Commissioner Caldwell asked if this matter could be tabled until they could come up with a little more clarification. He said, "I wouldn't know which way I would want to vote on this right now, I need some clarification." Commissioner Cooper commented, "If you need some more time Mr. Caldwell, I would be happy to give it to you." Commissioner Caldwell said, "I want some time of the people who can give me the right direction as to what I am saying. I realize we have plenty of time. I would like for someone else to sit down and discuss this thing with us because I can't - I'm lost." Mayor Weisgerber said there is already a motion and a second, and asked if Commissioner Cooper would care to withdraw her motion. Commissioner Cooper said, "I will. Mr. Mayor, I withdraw my original motion and move we table this item, and we will place it on the agenda again next week." The motion was seconded by Commissioner Losik. Ayes: Caldwell, Cooper, Losik, Weisgerber (4). Nays: Ashton (1). Motion carried. PUBLIC AGENDA J THE COMMISSIONERS Considered a request from Design Central for variance under Section 32-41 of The Salina Code. Mr. L. F. Bradley spoke with the Commissioners about the design of the building. Mr. Boyer explained that the aesthetic design on the front of the building is now sticking out about 11 inches, and this is why he was sited for a violation. A variance from the provisions of the code is required to allow the design to be changed to protrude 3 inches _ over the sidewalk, and the Commissioners are the only ones who can allow this variance. After a little discussion, a motion was made by Commissioner Losik, seconded by Commissioner Caldwell to approve the variance. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3281 was filed by Kenneth Nordboe for street lights at the corner of Mars and Meadowlark Lane andthecorner of Neptune and Meadowlark Lane. A motion was made by Commissioner Ashton, seconded by Commissioner Losik to refer the petition to the City Engineer to be checked. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3282 was filed by Charlie Brown for a street light in the 300 Block of South Tenth Street. A motion was made by Commissioner Losik, seconded by Commissioner Ashton to refer the petition to the City Engineer to be checked. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by William C. Hoeffner and William H. Niemann, d/b/a Sazerac Tavern, 427 South Broadway. Commissioner Losik asked the City Attorney if he had checked the matter as to the continuity of the licenses? He asked if two licenses can be in force at the same location at the same time? He commented there had been a controversy. The City Attorney said, "Mr. Hoeffner had a license under his own name, then when he came back he made application and said he and a partner were going to act as a partnership, and of course we have two different entities here and he is going to have to have a new license. This is the ruling Mr. Barta came up with, because he was handling it. This would be true because they are different. The partner has just as much to do with the business as Hoeffner and unless both qualify when they are a partnership, they can't get a license, and this is why it had to be rechecked and a new license issued, because we had two different people." Commissioner Losik commented, "The only thing is, I thought it wasn't clear in our ordinance that if a license is vacated or another license issued for the same location that the previous license was vacated, and even if the same individual wants to apply, he should -- make another application. In other words this isn't clear and this is where we have run into the problems." 11 rJ L�J P, N The City Attorney said he talked with Mr. Barta. He said, "I think we should redraft this ordinance and provide that if another license is issued for the same place, thel other license must be turned in, at least kept in the City Clerk's Office, so that it isn't floating around. Then if he would later want to come in and move it, he can transfer it or if he wanted it reissued, one of the requirements would be that the old license be turned in so that we only have one license per location, and we are in the process of redrafting it." A motion was made by Commissioner Losik, seconded by Commissioner Ashton to approve the Cereal Malt Beverage license application and authorize the City Clerk to issue the license. 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 adjourn. Ayes: (5). Nays: (0). Motion carried. D. L. Harrison, City Clerk City of Salina, Kansas Commissioners' Meeting October 9, 1972 There was no meeting of the Board of Commissioners today because of the Legal Holiday .- Columbus Day. A quorum was not present. D. L. Harrison, City Clerk