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05-17-1971 MinutesCity of Salina, Kansas Commissioners' Meeting May 17, 1971 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, May 17, 1971, 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 The Minutes of the Regular Meeting of May 10, 1971, were approved as mailed. THE MAYOR PROCLAIMED Thursday May 20, 1971 - "SING OUT SALINA DAY". The proclamation was read by Patricia Pierce. THE MAYOR PROCLAIMED Saturday May 22, 1971 - "TAG DAY" in Salina on behalf of the NAACP Freedom Fund. The proclamation was read by Joyce Thomas of the NAACP. BIDS were received for Water Reservoir Roof - Project Number 71-534 - at the Old Camp Phillips site: Wilson Constructors, Inc., P. 0. Box 876, Salina, Kansas $42,929.00 Holgerson and Company, P. 0. Box 654, Salina, Kansas 44,200.00 Reece Construction Company, Inc., Scandia, Kansas 45,670.00 J. S. Frank Construction Company, Inc., 257 South 5th, Salina, Ks.46,300.00 Stevens Contractors, Inc., P. 0. Box 366, Salina, Kansas 46,700.00 Engineer's Estimate 48,500.00 A motion was made by Commissioner Ashton, seconded by Commissioner Losik to award the bid to Wilson Constructors, Inc., as low bidder, in the amount of $42,929.00, subject to checking the bid by the Engineering Department to see that it meets the specifications. Ayes: (5). Nays: (0) Motion carried. BIDS were received for the Gasoline Supply for the Central Garage for the period of May 21 through November 18, 1971. The bids were opened and tabulated, and a motion was made by Commissioner Ashton, seconded by Commissioner Weisgerber to award the bid to Gulf Oil Company, as low bidder for the six month period. (Regular .1140; Ethyl .1315; 3 to 1 average .1271 per gallon). Ayes: (5). Nays: (0). Motion carried. BIDS were received for the Gasoline Supply for the Fire Department for the period of May 21 through November 18, 1971. The bids were opened and tabulated, and a motion was made by Commissioner Ashton, seconded by Commissioner Weisgerber to award the bid to Gulf Oil Company, as low bidder for the six month period. (.1406 per gallon for Ethyl). Ayes: (5). Nays: (0). Motion carried. BIDS were received for the Diesel Fuel Supply for the period of May 21 through November 18, 1971. The bids were opened and tabulated, and a motion was made by Commissioner Ashton, seconded by Commissioner Weisgerber to award the bid to Champlin Oil Company, as low bidder for the six month period. (.1089 per gallon). Ayes: (5). Nays: (0). Motion carried. 1 1 1 1 'k�, AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE pertaining% to the regulation, control, and licensing of dogs within the City of Salina, Kansas; requiring vaccination, registration of dogs; providing for the duties of the City -County Health Department, veterinarians and dog owners; providing for the operation of kennels within specified areas, and licensing thereof; providing penalties for the violation thereof; and amending Article II of Chapter 8 of The Salina Code, and repealing said original sectiory." Mr. Baten Young was present and stated that he is very interested in the control of dogs and their vaccination for rabies. He feels the license fee is too high. If this dog ordinance is passed it will penalize a lot of dog owners and especially hobby breeders,! and cause the owners not to pay the registration fees. Gene McConnell wondered why the control of cats was not included in the ordinance. He said cats also need rabies shots. Jacque Young feels the fee is too high. If the registration fee is too high the 3,000 dogs now in the City will not be registered. She stated that they have seven dogs. Mrs. Freeman stated that she talked with Dr. Olson, veterinarian, and he said the veterinarians in Wichita send a copy of the immunization certificate to the City Clerk to help in the control of dogs. Owen Bertram said that if they do this, a lot of people will go out of town to have their dogs immunized, unless the license fee is lower. Commissioner Cooper feels the license fee should be lowered and the impounding fee raised. Commissioner Losik also thinks the present fee of $3.00 will put a lot of dogs underground, and will be defeating the purpose of the ordinance. He is interested in the control of dogs, not in making money or putting people in jail just because they have dogs. He feels the ordinance should be restudied. Commissioner Ashton feels it is a fair ordinance as it is. The committee and attorneys worded it and it is very complete. Ronald Barta, Assistant City Attorney, and Attorney at Municipal Court said they get 3 or 4 dog calls a day, and that it has increased over the last 9 years since he has been attorney in Municipal Court. He feels this ordinance will eliminate a lot of problems. Commissioner Weisgerber said he had several calls, and feels the committee did a fine job and that the ordinance should be passed. Commissioner Losik feels it is a fine ordinance except for the fee structure, and that it should go back to committee for study again. Commissioner Losik moved the ordinance be amended to change the license fee to $1.00 instead of $3.00, and add to Section 8-31 the veterinarians mail the City Clerk notice of the immunization of all dogs. The motion died for the lack of a second. A motion was made by Commissioner Ashton, seconded by Commissioner Weisgerber to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Weisgerber (21) Nays: Cooper, Losik, Caldwell (3). The ordinance was defeated. Commissioner Ashton thanked the committee for their time and efforts on the dog ordinance. THE COMMISSIONERS reconsidered Petition Number 3148 for the construction of a sidewalk on Indiana Avenue from Gypsum Avenue to Greeley Avenue. (The petition was filed by Mrs. Harold Emig, President of the Gleniffer Hill PTA on March 22, 1971) Mrs. Harold Emig, President of the Gleniffer Hill PTA was present and again asked the City Commissioners for the installation of a sidewalk on the east side of Indiana.: She said she met with the City Engineer about a sidewalk on Delaware, but there are too many intersections for the children to cross. She mentioned a petition for sidewalk in the whole area, but most of the property owners were against a sidewalk if they had to pay for them. The property owners will protest if the sidewalk is forced in. Commissioner Weisgerber said it looks like a dangerous situation if the City puts a sidewalk on the east side of Indiana, dumping kids into an intersection with no school crossing guard and a street coming down the hill out of Indian Rock Park. Commissioner Cooper said most of the children walk in the street now, will they change and use a sidewalk? Mrs. Emig said she thought over a period of time they could be taught to use the sidewalk. Commissioner Ashton moved that the City Commissioners not consider putting a sidewalk in at this time. Motion died for the lack of a second. Commissioner Losik asked the City Engineer about the cost. The City Engineer reported that it would be $2.40 for a 4 foot sidewalk for 800 feet. Commissioner Weisgerber stated no property owners wanted sidewalks on their own property but they say they are concerned about the total safety of the children in the area. Mrs. Emig said if the City will not install a sidewalk, they would like to have a School Zone Sign and a Speed Limit Sign on Indiana, and that the City remove the sand burrs. A motion was made by Commissioner Cooper, seconded by Commissioner Weisgerber to authorize this. (School Zone & Speed Limit Signs on Indiana) Ayes:(5). Nays: (0). Carri d. PETITION NUMBER 3161 was filed by Kenneth Nordboe for a water line to service Lots 1 to 12, Block 15, Wallerius Addition. A motion was made by Commissioner Ashton, seconded by Commissioner Losik to refer the petition to the City Engineer for a report. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3162 was filed by Patrick F. O'Connor, Jr., protesting the closing of an alley between Eleventh and Twelfth Streets running north and south from Broadway to an alley running east and west from Eleventh to Twelfth Streets. (The closing of the alley was requested in Petition Number 3157 which was filed by Ben Vidricksen on May 6, 1971). A motion was made by Commissioner Weisgerber, seconded by Commissioner Losik to refer the petition to the Salina City Planning Commission to be considered with the other petition for closing. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3163 was filed by Calvin J. Carithers, 310 Stevens, Hutchinson, Kansas, for the rezoning of Lots 2, 3, 4, 6, 7, 8, and 9, Block 18, and Lots 1, 2, 3, South 10 feet of Lot 4, 6, 9, 10, 11, 12, 13, and 14, Block 19, Sunset Manor Addition to the City of Salina, Saline County, Kansas, from District "A" to District "D" (Local Business District). A motion was made by Commissioner Weisgerber, seconded by Commissioner Losik to refer the petition to the Salina City Planning Commission. Ayes: (5) Nays: (0). Motion carried. PETITION NUMBER 3164 was filed by Lois and Arch Stuck for the disapproval of the closing of the alley running east and west from Eleventh to Twelfth Street, between Broadway and Grand. (The closing of the alley was requested in Petition Number 3158 which was filed by Ben Vidricksen on May 6, 1971). A motion was made by Commissioner Cooper, seconded by Commissioner Losik to refer the petition to the Salina City Planning Commission to be considered with the other petition for closing. Ayes: (5). Nays: (0). Motion carried. A CEMETERY TRUST DEED was filed by Margaret Wolford for the perpetual care of the East 1/2 of the South 1/2 of the South 1/2 of Lot 18, Block 29, Gypsum Hill Cemetery. A motion was made by Commissioner Ashton, seconded by Commissioner Cooper to approve the Cemetery Trust Deed. Ayes: (5). Nays: (0). Motion carried. COMMISSIONER ASHTON stated that there are many cemetery lots in the Gypsum Hill Cemetery which are owned by people no longer living in the area or having no living members of the family; and wondered if there is anything which can be done to dispose of the lots and put them to use. The City Attorney stated that there is nothing that can be done. There was some legislation introduced, but it was not passed. C THE MAYOR, with the approval of the City Commissioners, made the following appointment: Salina City Planning Commission Norman Yenkey to succeed Glen Long, for a 3 year term to May 1, 1974. GENE BERKMAN would like to have a stop light survey made at Fourth and Crawford. There is a new stop light at Roach and Crawford and he feels there is a need for one at this intersection also. The City Engineer said he will make a study and report back later. LOREN KING lives on Windsor Drive and feels the stop sign at MPRR and Crawford should be removed and a traffic light installed. The signal light is needed because of the heavy traffic of the Sunset Manor Shopping Center and Falley's. The City Engineer stated he would study this area also. ROY PETERSON, representing the Tavern Operator's Association, asked the City Commissioners if they could stop issuing beer licenses to filling stations. The City Attorney explained that the licensing of beer establishments is controlled by State Statute. The standards are set by State Statute and if they meet the certain standards, the City if obligated to grant a license. COMMISSIONER COOPER made a statement with regard to the payment of bills. She feels that anyone interested in seeing the bills can contact the City Clerk for information. A MOTION was made by Commissioner Ashton, seconded by Commissioner Losik to refer to the Salina City Planning Commission the matter of a Joint City -County Planning Board for a decision on which proposition would be acceptable to the Salina City Planning Commission and report back to the City Commission. Ayes: (5). Nays: (0). Motion carried. AN APPROPRIATION ORDINANCE was introduced and passed entitled: ''AN ORDINANCE making an appropriation for the payment of certain claims.'' (bills - $130,360.20) 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, Cooper, Losik, Weisgerber, Caldwell (5).' Nays: (0). Mayor approved the ordinance and it is numbered A-1581. Carried. COMMISSIONER COOPER read the following prepared statement: ''These thoughts are my own and tho (sic) I hope others share them they do not represent this Commission. ''Our local Urban Renewal Agency has decided to proceed with the acquisition and condemnation of the Harriet Johnson property. The Johnson property is located in the Urban Renewal # 2 project or, now referred to as the N.E. Industrial Park area. ''It's to (sic) late to question the need for another industrial area ... we have it ... but, I hope it isn't to (sic) late to question the need of forcing this woman from her home if she chooses to stay. ''The Urban Renewal Agency, the community at large has nothing to loose by offering her a just settlement and a life estate in her own property. ''Mrs. Johnsons (sic) only offense has been to try and keep what rightfully belongs to her but, are we not guilty of an even greater offense when we insist on sacrificing the rights of an individual for a profit?'' A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Ashton that the Regular Meeting be adjourned. Ayes: (5). Nays: (0). Motion carried. D. L. Harrison, City Clerk