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11-05-1973 MinutesCity of Salina, Kansas Regular Meeting of the Board of Commissioners November 5, 1973 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, November 5, 1973, 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 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: Commissioner W. M. Usher The minutes of the regular meeting of October 29, 1973 were approved as delivered in final form. THE MAYOR PROCLAIMED the Week of November 12 through 18, 1973 - "YOUTH APPRECIATION WEEK". The proclamation was read by Mr. Ron Kessley, Member of the Breakfast Optimist Club. STAFF AGENDA AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas, for the purpose of paying a portion of the cost of the installation of concrete paving, curbing, guttering, water mains, sanitary sewer and storm sewer to serve all lots in Parkwood Village Addition." (Engineering Project 72-551) A motion was made by Commissioner Cooper, seconded by Commissioner Losik to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerber (4). Nays: (0). Commissioner Usher absent. Carried. ..The Mayor approved the ordinance and it 1-s numbered 8313. The ordinance was introduced for f.irst reading October 29, 1973. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE defining a non-resident electrician, amending Section 9-145 (4) of the Salina Code and repealing the existing section." A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerber (4). Nays: (0). Commissioner Usher absent. Carried. The Mayor approved the ordinance and it is numbered 8314. The ordinance was introduced for first reading October 29, 1973. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the temporary suspension or waiver of service fees charged by the City of Salina for use of the Solid Waste Disposal Area." A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to adopt the ordinance as read. Commissioner Losik asked to comment before the vote, "I know we are all in agreement, but we are working on the staff will be coming up with ideas regarding a problem that we had out in the old landfill, it will be developing and probably will be worse now - is the tires - and the use and how we are going to dispose of them, so we can anticipate there will be something coming out on that too." Mayor Weisgerber said there will be a report coming up on the recycling activities. Mayor Weisgerber called for a vote on the motion. Ayes: Caldwell, Cooper, Losik, Weisgerber (4). Nays: (0). Commissioner Usher absent. Carried. The Mayor approved the ordinance and it is numbered 8315. The ordinance was introduced for first reading October 29, 1973. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE vacating a certain easement in Block 2, Southern View Addition to the City of Salina, Saline County, Kansas." (The West 5 feet of a 10 foot easement on the east side of the West 60 feet of Lot 2, Block 2, Southern View Addition - requested in Petition Number 3357 which was filed by Virgil W. Yost.) A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerber (4). Nays: (0). Commissioner Usher absent. Carried. The Mayor approved the ordinance and it is numbered 8316. The ordinance was introduced for first reading October 29, 1973. A LETTER was received from the Metropolitan Planning Commission recommending the approval of the request of George C. Etherington, President of G & K, Inc., to withdraw his Petition Number 3359 for the approval of the preliminary plat of Courtney Addition and Petition Number 3360 for the rezoning of Courtney Addition from District "A" (Second Dwelling House District) to District "C" (Apartment District). A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to accept the recommendation of the Metropolitan Planning Commission and approve the letter of withdrawal. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Cooper, seconded by Commissioner Caldwell to introduce an ordinance for first reading creating a Human Relations Commission and defining their duties and powers; prohibiting discrimination because of race, sex, color, religion, national origin or ancestory in employment, housing and public accomodations and providing remedies and penalties for violation thereof; amending Article VIII of Chapter 2 and Chapter 11 1/2 of the Salina Code and repealing said existing Article and Chapter." Commissioner Losik asked that Section 16.5-2 (b) -"the term 'employer' includes any person in this city who employes four or more persons in a full time capacity, who are not members of the same immediate family and (c) the term 'employee' does not include any individual employed by his parent, spouse, or child;" be checked to see if the definition of a full time employee could be defined a little clearer and more precise. The City Attorney replied he believes this is the definition used by the State Commission on Civil Rights; but it could be checked. Mr. James Briscoe was present and asked that the City Commission give consideration to specifying in the ordinance that three of the seven member commission be appointed to represent racial minority organizations, and that three of the members should be appointed to represent business, industry, labor, religious, welfare, education, aged, physically handicapped or other major groups of interest; and one member representing the legal profession. The Mayor suggested that Mr. Briscoe leave a copy of what he referred to as a "Working Draft --- Human Relations Ordinance" for the Commissioners review during the week. Mr. Briscoe stated he had submitted the draft earlier to the ad hoc committee. After a lengthy discussion, Mayor Weisgerber asked for a vote on the motion to introduce the ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: A MOTION was made by Commissioner Losik, seconded by Commissioner Caldwell to introduce an ordinance for first reading authorizing and directing the City of Salina, Kansas, to acquire a tract of land in Saline County, Kansas, together with the existing improvements thereon, for industrial development purposes; authorizing the payment of the cost of improving, enlarging, constructing and equipping industrial facilities thereon; authorizing and directing the issuance of $265,000 principal amount of Industrial Development Revenue Bonds of said City for the purpose of paying the cost of purchasing, improving, enlarging, constructing and equipping such industrial facilities; prescribing the form and details of said Industrial Development Revenue Bonds; providing for the collection, segregation and application of the revenues of such facility for the purposes authorized by law; pledging such facility and the revenues from such facility to secure such bonds; providing for a trustee and prescribing the powers and duties of such trustee; and prescribing the form and authorizing the execution of a lease and agreement by, between and among said city as landlord, The Hill Company, as tenant, and Connally Implement Supply Company, Inc., as guarantor." Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: A RESOLUTION was introduced and passed entitled: official depositories for all moneys of the City of Salina, "A RESOLUTION designating the Kansas, and directing the City Treasurer to deposit all moneys received by him therein." A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to adopt the Resolution as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerber (4). Nays: (0). Commissioner Usher absent. Carried. The Mayor approved the Resolution and it is numbered 3166. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE vacating a certain easement in Block 2, Southern View Addition to the City of Salina, Saline County, Kansas." (The West 5 feet of a 10 foot easement on the east side of the West 60 feet of Lot 2, Block 2, Southern View Addition - requested in Petition Number 3357 which was filed by Virgil W. Yost.) A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerber (4). Nays: (0). Commissioner Usher absent. Carried. The Mayor approved the ordinance and it is numbered 8316. The ordinance was introduced for first reading October 29, 1973. A LETTER was received from the Metropolitan Planning Commission recommending the approval of the request of George C. Etherington, President of G & K, Inc., to withdraw his Petition Number 3359 for the approval of the preliminary plat of Courtney Addition and Petition Number 3360 for the rezoning of Courtney Addition from District "A" (Second Dwelling House District) to District "C" (Apartment District). A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to accept the recommendation of the Metropolitan Planning Commission and approve the letter of withdrawal. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Cooper, seconded by Commissioner Caldwell to introduce an ordinance for first reading creating a Human Relations Commission and defining their duties and powers; prohibiting discrimination because of race, sex, color, religion, national origin or ancestory in employment, housing and public accomodations and providing remedies and penalties for violation thereof; amending Article VIII of Chapter 2 and Chapter 11 1/2 of the Salina Code and repealing said existing Article and Chapter." Commissioner Losik asked that Section 16.5-2 (b) -"the term 'employer' includes any person in this city who employes four or more persons in a full time capacity, who are not members of the same immediate family and (c) the term 'employee' does not include any individual employed by his parent, spouse, or child;" be checked to see if the definition of a full time employee could be defined a little clearer and more precise. The City Attorney replied he believes this is the definition used by the State Commission on Civil Rights; but it could be checked. Mr. James Briscoe was present and asked that the City Commission give consideration to specifying in the ordinance that three of the seven member commission be appointed to represent racial minority organizations, and that three of the members should be appointed to represent business, industry, labor, religious, welfare, education, aged, physically handicapped or other major groups of interest; and one member representing the legal profession. The Mayor suggested that Mr. Briscoe leave a copy of what he referred to as a "Working Draft --- Human Relations Ordinance" for the Commissioners review during the week. Mr. Briscoe stated he had submitted the draft earlier to the ad hoc committee. After a lengthy discussion, Mayor Weisgerber asked for a vote on the motion to introduce the ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: A MOTION was made by Commissioner Losik, seconded by Commissioner Caldwell to introduce an ordinance for first reading authorizing and directing the City of Salina, Kansas, to acquire a tract of land in Saline County, Kansas, together with the existing improvements thereon, for industrial development purposes; authorizing the payment of the cost of improving, enlarging, constructing and equipping industrial facilities thereon; authorizing and directing the issuance of $265,000 principal amount of Industrial Development Revenue Bonds of said City for the purpose of paying the cost of purchasing, improving, enlarging, constructing and equipping such industrial facilities; prescribing the form and details of said Industrial Development Revenue Bonds; providing for the collection, segregation and application of the revenues of such facility for the purposes authorized by law; pledging such facility and the revenues from such facility to secure such bonds; providing for a trustee and prescribing the powers and duties of such trustee; and prescribing the form and authorizing the execution of a lease and agreement by, between and among said city as landlord, The Hill Company, as tenant, and Connally Implement Supply Company, Inc., as guarantor." Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: 18 THE CITY ENGINEER reported on Petition Number 3362 which was filed by Kenneth Nordboe for a street light at the end of Meadowlark Lane. (2200 Block) and recommended the petition be denied until streets, utilities and development extends into this area. A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to accept the recommendation of the City Engineer and deny the petition. Ayes: (4). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3370 which was filed by Wallerius, Inc., for the vacation of Mercury Avenue from the east side of Tulane Avenue to the west side of Planet Avenue, and recommended the petition be approved, and that the City retain the north -south utility easement across Mercury Avenue 150 feet east of the east line of Tulane Avenue. A motion was made by Commissioner Cooper, seconded by Commissioner Losik to accept the Engineer's recommendation and approve the vacation of the street, with the utility easement retained, and to introduce the ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: Mayor Weisgerber welcomed several young ladies from the Constitution Class of Salina Central High School. THE CITY MANAGER reported on bids which were awarded October 29, 1973 for two 3/4 ton pickup trucks for the Water and Sewerage Department; and one tractor -loader for the Park Department; and the acquisition of a truck for the Sanitation Department, and recommended the second low bid of Long -McArthur be accepted over the Stewart International bid for the 2 Water and Sewerage Department pickups. "Stewart's delivery called for '20 weeks after settlement of the strike with UAW'. Long-McArthur's delivery date was 6 weeks. The difference of the bids amounted to $157.38. Don Harrison visited with Stewart. He understands our situation and has no objections. The 2 vehicles we are trading in are both in bad condition. One is presently out of service due to the inability to shift gears; the other, they are estimating costs $75.00 to $100.00 a month to keep it running. "The tractor -loader from Salina Farm Supply for the Park Department does not meet specifications so we are recommending the purchase from Central Machinery (John Deere). The Salina Farm Supply machine called for a 6 speed transmission and our specifications called ` for an 8 speed. The 6 speed transmission does not provide the flexibility of speeds necessary for the variety of mowing the unit is subjected to, and particularly a slow enough speed for mowing heavy bermuda. This condition occurs quite often when work loads or rains prevent us from mowing certain areas exactly when they should be mowed." The acquisition of a truck for the Sanitation Department, "stems from the problem of obtaining delivery from Sullivan Chevrolet on the sanitation trucks bid last May. Delivery at that time was to be 120 days. Over 150 days have now elapsed and we understand that it is possible that we may not receive them prior to January 1, 1974. If delivery of these units is going to continue to become more and more critical, it is our opinion we should not delay in picking up a unit that we now know we will need come Spring." Commissioner Losik commented, "I can see the need for getting fast delivery. I can also see a need for sticking to bids. Now unless we would specify a certain time delivery, now when we ask for these bids, the condition of those trucks was certainly not that far better than they are now in a matter of three or four weeks time. I would hate to go ahead and change and start automatically taking bids and then start negotiating them, because this is what we are doing. I would like to stick to a bid procedure, and I also feel too that the strike was settled today and I think that all of our vendors here who want to do business with the City and we, of course, want them to do business with the City should also be just as willing to exert every effort they can to deliver these things promptly and quickly because the cash is on the line waiting for them. They get a certain amount of advertising because that unit is working for the city, and also when they don't deliver after we accept their bids, I wonder if we should even consider bids from them in the future. Now what we are doing here, if we deviate from this, we allow the door to swing wide open and we will be at the mercy of anybody that comes in. We allow somebody to get the bid and then take his good old time - if he can deliver, fine; if not, fine; and here we are sitting high and dry. I think we can do some good planning on this thing, I think we can go ahead and put these bids out and if local merchants don't want to do business with us, I know the surrounding area would. I don't advocate that, but I am saying that people in Salina are not the only ones that can deliver these items to us. I would prefer they would. So my point is I would like to stick to this and we are using this, now — if they don't meet specifications, that is something again; but the point is, if they met the specifications and we accepted their bid, I think they have just as much of a moral, if it isn't a legal obligation, to provide us with this." "Now in the case of the sanitation truck, we have 4 vendors who were contacted, and only one of those, as of last Friday, had located a truck for delivery in Texas for $7,125.00. Two vendors were unable to locate a truck within whatever jurisdictional area they work in. I don't know about today. How about the third one Bill, did we hear back?" Mr. Harris replied, "Other than that one, as of late this afternoon, who could come up with a truck; there is one dealer who said he might be able to. He should know yet this afternoon or tomorrow morning at the latest, but he wasn't very optimistic about it." During a very lengthy discussion about the City Commission's present bidding practices, Mr. Harrison suggested bids be received by 10:00 A.M., wiI`h interested vendors and Department Heads present, when they are opened and tabulated. The Commission is then given a copy of this tabulation, which includes delivery date, price, etc., at the meeting. A motion was made by Commissioner Caldwell, seconded by Commissioner Cooper to accept the City Manager's recommendation to purchase two 3/4 ton pickup trucks from Long - McArthur instead of Stewart International, because of a 20 week delivery date as compared to a 6 week delivery date by Long -McArthur at an additional price of $157.38; also the purchase of a tractor -loader from Central Machinery instead of Salina Farm Supply, whose bid did not meet the specifications; and for the purchase of a truck for the Sanitation Department for $7,125.00; and in the future when accepting bids on equipment, and the need arises, to set a delivery date in the specifications, and this will be considered along with the requirement to meet the equipment specifications, for the lowest price, when awarding the purchase contract." Ayes: (4). Nays: (0). Motion carried. COMMISSION AGENDA None PUBLIC AGENDA PETITION NUMBER 3372 was filed by the Kennedy PTA for the placement of stop signs at the Otto and Hageman Avenue intersection. A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to refer the petition to the City Engineer for a recommendation. Ayes: (4). Nays: (0). Motion carried. A MOTION was made by Commissioner Caldwell, seconded by Commissioner Losik that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (4). Nays: (0). Motion carried. D. L. Harrison, City Clerk The City Manager stated he does not consider this negotiating. "Our specifications required the bidders to specify a delivery date. Even though the strike is settled the low bidder has specified 20 weeks for delivery. The next low bid, which is only $157.38 more gave 6 weeks as delivery time. I believe my recommendation is still valid, and in my opinion the discussion here today should be addressed to whether the difference between a 20 week delivery date and a 6 week delivery date is worth $157.38. "Now in the case of the sanitation truck, we have 4 vendors who were contacted, and only one of those, as of last Friday, had located a truck for delivery in Texas for $7,125.00. Two vendors were unable to locate a truck within whatever jurisdictional area they work in. I don't know about today. How about the third one Bill, did we hear back?" Mr. Harris replied, "Other than that one, as of late this afternoon, who could come up with a truck; there is one dealer who said he might be able to. He should know yet this afternoon or tomorrow morning at the latest, but he wasn't very optimistic about it." During a very lengthy discussion about the City Commission's present bidding practices, Mr. Harrison suggested bids be received by 10:00 A.M., wiI`h interested vendors and Department Heads present, when they are opened and tabulated. The Commission is then given a copy of this tabulation, which includes delivery date, price, etc., at the meeting. A motion was made by Commissioner Caldwell, seconded by Commissioner Cooper to accept the City Manager's recommendation to purchase two 3/4 ton pickup trucks from Long - McArthur instead of Stewart International, because of a 20 week delivery date as compared to a 6 week delivery date by Long -McArthur at an additional price of $157.38; also the purchase of a tractor -loader from Central Machinery instead of Salina Farm Supply, whose bid did not meet the specifications; and for the purchase of a truck for the Sanitation Department for $7,125.00; and in the future when accepting bids on equipment, and the need arises, to set a delivery date in the specifications, and this will be considered along with the requirement to meet the equipment specifications, for the lowest price, when awarding the purchase contract." Ayes: (4). Nays: (0). Motion carried. COMMISSION AGENDA None PUBLIC AGENDA PETITION NUMBER 3372 was filed by the Kennedy PTA for the placement of stop signs at the Otto and Hageman Avenue intersection. A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to refer the petition to the City Engineer for a recommendation. Ayes: (4). Nays: (0). Motion carried. A MOTION was made by Commissioner Caldwell, seconded by Commissioner Losik that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (4). Nays: (0). Motion carried. D. L. Harrison, City Clerk