02-06-1978 Minutes1
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City of Salina, Kansas
Regular Meeting of the Board
Of Commissioners
February 6, 1978
The Regular Meeting of the Board of Commissioners met in the Commissioners'
Room, City -County Building, on Monday, February 6, 1978, at four o'clock p.m.
The Mayor asked everyone to stand for the opening ceremony.
There were present.
Mayor Keith G. Duckers, Chairman presiding
Commissioner Dan S. Geis
Commissioner Karen M. Graves
Commissioner Gerald F. Simpson
Commissioner Jack Weisgerber
comprising a quorum of the Board, also:
L. O. Bengtson, City Attorney
Norris D. Olson, City Manager
D. L. Harrison, City Clerk
Absent:
None
The Minutes of the Regular Meeting of January 30, 1978 were approved
as printed.
THE MAYOR PROCLAIMED the Month of February, 1978 - "AMERICAN HEART
MONTH". The proclamation was read by Greg Mathena.
THE MAYOR PROCLAIMED the Week of February 5 through 11, 1978 - "NATIONAL;
CHILDREN'S DENTAL HEALTH WEEK". The proclamation was raed by Dr. Robert Henson.
THE MAYOR PROCLAIMED the Week of February 5 through 11, 1978 - "BOY
SCOUT WEEK". The proclamation was read by Don Rectenwald, District Activities
Chairman.
THE MAYOR PROCLAIMED the week of February 12 through 18, 1978 - "OFFICE
EDUCATION ASSOCIATION WEEK IN SALINA, KANSAS". The proclamation was read by
Connie McWhorter, President of O.E.A.
THE MAYOR PROCLAIMED the Week of February 12 through 18, 1978 - ''VOCATIONAL
EDUCATION WEEK". The proclamation was read by Gene Lundgrin, Director of Salina
Area Vocational Technical School.
THE MAYOR PROCLAIMED the Week of February 13 through 19, 1978 -- "BLACK
HISTORY WEEK". The proclamation was read by Marilyn Parker, President of the
Black American Citizens Organization of Salina, Inc.
THE MAYOR PROCLAIMED February 24 and 25, 1978 - "DANCE MARATHON '78
WEEKEND". The proclamation was read by Kim Apt, Chairman of Social Action.
THE MAYOR PROCLAIMED The Week of February 12 through 18, 1978 -
"FBLA-PBL WEEK". The proclamation was read by an unidentified man for Joan.
Stiles, President.
STAFF AGENDA
THE CITY ENGINEER reported on the sufficiency of Petition Number 3673,
filed by Richard Barlow for the installation of sanitary sewers to serve Lots 1
and 2, Block 1, and Lots 1 through 6, Block 3, Eastridge Addition, that the
petition is sufficient as the petitioner owns 88% of the property in the benefit
district. A motion was made by Commissioner Graves, seconded by Commissioner
Geis to accept the City Engineer's report and approve the petition. Ayes: (5).
Nays: (0). Motion carried.
THE CITY ENGINEER reported on the sufficiency of Petition Number 3675,
filed by Roy Presley for curb, gutter, paving, water, sanitary sewers and storm
sewers to serve Lots 1 through 4, Block 7; Lots 1 through 12, Block 4; Lots 1
through 24, Block 5; and Lots 6 through 9, Block 2, Country Club Estates Addition
Number 3, that the petition is sufficient as the petitioner owns 100% of the
property in the benefit district. A motion was made by Commissioner Simpson,
seconded by Commissioner Weisgerber to accept the City Engineer's report and
approve the petition. Ayes: (5). Nays: (0). Motion carried.
THE CITY ENGINEER reported on the sufficiency of Petition Number 3676,
filed by Dr. Norman Harris for curb, gutter, pavement, sanitary sewer, water and
storm drainage to serve Lots 1 through 13, Block 1; Lots 1 through 5, Block 2;
Lots 1 through 13, Block 3; Lots 1 through 16, Block 4; Lots 1 through 15, Block
5; and Lots 1 through 7, Block 6, Country Club Heights Addition Number 5, that
the petition is sufficient as the petitioner owns 95% of the property in the
benefit district. A motion was made by Commissioner Weisgerber, seconded by
Commissioner Graves to accept the City Engineer's report and approve the petition
Ayes: (5). Nays: (0). Motion carried.
THE CITY ENGINEER reported on the sufficiency of Petition Number 3677,
filed by Pat Bolen for curb, gutter, paving, sanitary sewers, water and storm
drainage for property adjoining Westchester Avenue between Ohio Street and
Westbend Avenue, that the petition is sufficient as the petitioners own over 510
of the property within the benefit district. A motion was made by Commissioner
Graves, seconded by Commissioner Weisgerber to accept the City Engineer's
report and approve the petition. Ayes: (5)• Nays: (0). Motion carried.
THE CITY COMMISSIONERS considered an agreement with Bucher and Willis i'
for architectural and engineering services for the South Indian Rock Park Develop�nt
Project. il
Mr. Shelby Willis and Mr. Ron Williamson were present and explained
the background, scope and development schedule of the project covered in the
contract. He said they will meet with the Recreation Department and its superintel,
dent,
the Baseball Committee, residents of the area, Police Department, City Engineer,
and City Planner for their input into the development of the area concerning
such things as the design, positioning and size of ball diamonds, multi -use j
recreational aspects, traffic safety, and street construction, after this contract)
has been approved by the City Commission. 1,1
A motion was made by Commissioner Geis, seconded by Commissioner
Simpson to approve a contract with Bucher and Willis for the design of the Lower
Indian Rock Park Development Project, and to authorize the Mayor to sign the
agreement. Ayes: (5). Nays: (0). Motion carried.
Mr. Don Jolley, Recreation Department Director, was present and said it
he and the Recreation Commission have a strong interest and concern in the II
development of the ball diamond facilities to be constructed in Lower Indian
Rock Park as they are to be designed to serve the purposes of the Recreation j
Commission. He asked that no site plan be approved by the City Commission until
he and the Recreation Commission have had an opportunity to visit with representatives
of Bucher and Willis to give them their ideas for the site plan, and for the
specifications of equipment, supplies and material for the project. He asked ;f
the City Commission authorize the Recreation Commission to be totally involved
in this project.
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A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing
the temporary investment of approximately $500,000 idle funds of the City of
Salina, Kansas." A motion was made by Commissioner Weisgerber, seconded by
Commissioner Graves to adopt the Resolution as read and the following vote was
had: Ayes: Weisgerber, Geis, Graves, Duckers (4). Nays: (0). Commissioner
Simpson abstained. The Mayor approved the Resolution and it is numbered 3353.
THE CITY CLERK reported the assessment rolls are ready for street and
utility improvements in Georgetown and part of Bonnie Ridge Addition. (Engineering
Project 76-609)
Curbing, guttering, paving and grading of SCOTT AVENUE from
Linda Lane to Patty Drive.
Water main and services for certain lots in the Replat of
Bonnie Ridge Addition
Lateral Sanitary Sewer 548
as authorized by Resolution Number 3278, passed by the Board of Commissioners
on the 24th day of May, 1976.
Curbing, guttering, paving and grading of APPLEWCOD ROAD from
the east line of Fairdale Road to the west line of Georgetown
Road,
Curbing, guttering, paving and grading of BROOKWOOD ROAD from
the west line of Lot 1, Block 17, to the east line of Georgetown
Road,
Curbing, guttering, paving and grading of FAIRDALE ROAD from
the south line of Village Lane to the south line of Applewood
Lane,
Curbing, guttering, paving and grading of GEORGETOWN ROAD from
the south line of Village Lane to the south line of Brookwood
Lane,
Curbing, guttering, paving and grading of GLEN AVENUE from the
west line of Winn Road to the west line of Seitz Drive,
Curbing, guttering, paving and grading of GLEN CIRCLE from the
south line of Glen Avenue to the south line of the cul-de-sac,
Curbing, guttering, paving and grading of VILLAGE LANE from the
east line of Fairdale Road to the west line of Georgetown Road,
Curbing, guttering, paving and grading of WINN ROAD from the
south line of Glen Avenue to the north line of Brookwood Road,
Water main and services for certain lots in Georgetown Addition,
Lateral Sanitary Sewers 549, 551, 552, 553•
as authorized by Resolution Number 3289, passed by the Board of Commissioners
on the 23rd day of August, 1976.
A motion was made by Commissioner Simpson, seconded by Commissioner
Graves to instruct the City Clerk to publish notice in the official city newspaper
at least once not less than ten days prior to the date of February 27, 1978, the
date set for the hearing on said assessments, and that at the same time notice
is published to mail to the owners of property made liable to pay the assessment,
at their last known post office address, a notice of the hearing and a statement
of the cost proposed to be assessed against the land so owned and assessed.
Ayes: (5). Nays: (0). Motion carried.
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KEITH RAWLINGS, Planning Director, reported on the status of the CD
Winterization/Weatherization Program funds. "On December 21, 1976, the City
Commission allocated, as a pilot project, $50,000 of Community Development Block
Grant (CDBG) funds to establish a Winterization/Weatherization Program for the
City of Salina. On June 13, 1977, an additional $50,000 was allocated, bringing
the total to $100,000. In addition, $16,667 of an authorized $20,000 of CD
funds have been used so far as match to obtain $50,000 of Title III Older American
Act funds from the Department of Health, Education, and Welfare. This makes a
program total of $167,667.
"I do not feel that anyone would argue the overwhelming acceptance and
success of this program, as approximately 450 homes have been weatherized through
the two programs. We have expended, to date, almost $147,000 and have all of
the remaining $20,000 - $21,000 committed.
"I respectfully request, therefore, that the City Commission be asked
to endorse the Winterization/Weatherization Program as a full element of our
overall Rehabilitation Program. In effect, this would allow us to fund either
traditional rehabilitation, ememergency rehabilitation, or weatherization dependin
upon the particular demand at that time without being burdened by the additional
accounting problems of having to limit spending on each phase by a predetermined
amount. I hasten to point out that this would not increase our overall rehabilita
commitment (now approximately $670,000, plus the $20,000 in match for up to
$60,000 in other funds, plus the 4th year request of $240,000 for a total of
$990,000), but would merely allow us the latitude to shift within the categories
as the need arises."
A motion was made by Commissioner Geis, seconded by Commissioner
Graves to accept the City Planner's report. Ayes: (5). Nays: (0). Motion
carried.
PUBLIC AGENDA
PETITION NUMBER 3680 was filed by N. Rene' Colaw, Pastor of the First
Church of the Nazarene for the vacation of all street right-of-way on the north
and east sides of Nazarene Addition. A motion was made by Commissioner Simpson,
seconded by Commissioner Geis to refer the petition to the City Engineer for a
recommendation. Ayes: (5). Nays: (0). Motion carried.
TREE TRIMMING AND TREATING license applications were filed by:
Marvin Reinert, d/b/a Reinert Tree Service, 167 North Broadway -
Trimming.
Paul and Fred Handlin, d/b/a Handlin and Son Tree Service, 831 North
Santa Fe - Trimming and Treating.
The City Clerk reported the applicants have paid the required fee, and
have the required surety bond and public liability insurance on file. A motion
was made by Commissioner Weisgerber, seconded by Commissioner Simpson to approve
the license applications and authorize the City Clerk to issue the licenses.
Ayes: (5). Nays: (0). Motion carried.
A CEREAL MALT BEVERAGE license application was filed by Earl L. Bengtson
d/b/a Bengtson's Derby, 1001 West Crawford. The City Clerk reported the applicant
has paid the required fee, and the application has been approved by the Health
Department, Zoning Officer and the Police Department. A motion was made by
Commissioner Graves, seconded by Commissioner Simpson to approve the license
application and authorize the City Clerk to issue the license. Ayes; (5).
Nays: (0). Motion carried.
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A REQUEST by Don Jolley to be present at the commission meeting to
report the feelings of the Salina Recreation Commission concerning the present
plans for the construction of ball diamond facilities and other park facilities
in Lower Indian Rock Park was considered under staff item 5.
A REQUEST by Jerone R. Henke, Manager of Orkin Exterminating Company,
Inc. to be present at the Commission Meeting to discuss the termite problem and
how to prevent it in new construction, with reference to the Bicentennial Center.;
No one was present to discuss this matter. Mr. Zickafoose called
earlier Monday afternoon to withdraw the request.
COMMISSION AGENDA
"CONSIDER AUTHORIZING THE EXPENDITURE OF $11,560.00 TO ADD THE 4th
STREET AND SLOUGH AREA TO THE SOUTH SALINA DRAINAGE STUDY'. (Sponsored by
Commissioner Weisgerber)
Commissioner Weisgerber - Last week when we had a report from the
Wilson and Company people, we just touched on whether or not it might be advisable,
in view of what they had done already in the bigger project, to add on this 4th j
Street and slough area study to that. I think this wasn't done last year when
the original contract was let because we couldn't really come up with that much
money at that time. I would have gathered, from what few remarks were made last
week, that they feel it would be to the city's advantage and a good thing to do
to add, so rather than to go ahead and take action on it last week, we put it
back on to come up on this week's agenda. I would like to go into that a little
bit further with one of you out there, Wilson representatives, whichever one, and'
bring us up to date.
Maurice Bowersox, Wilson and Company representative, said the drainage j
area does tie in with the South Salina Drainage Study, and to add the 4th street
and slough area to the study would give a better overall picture of the drainage
situation from the Smoky Hill River on the north, 9th street on the west, Ohio
Street on the east and the south Salina drainage area.
George Etherington asked the City Commission to consider addressing
the drainage problems east of Ohio and south of Crawford, because the area can't
be developed until a study is made and a method determined to drain the area.
David Werth, was also present and said he got the impression from city
staff that the area east of Ohio is already being studied; and that petitions
for street and utility improvements will not be considered until a study is
completed.
Commissioner Simpson asked if it would be feasible to add this area to
the study?
Mr. Boyer replied that it would be feasible to have a study made of
the area.
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Simpson to authorize the expenditure of $11,560 and enlarge the scope of Wilson
and Company's South Salina Drainage Study contract to include the lith Street and
slouth area. Ayes: (5). Nays: (0). Motion carried.
Commissioner Weisgerber asked the City Engineer to submit a recommendatilon
at the next meeting on the drainage problem in the area east of Ohio and west
of the dike.
"DISCUSS THE ALTERNATIVES FOR STRUCTURING THE ORDINANCE DEALING WITH
THE SALINA BICENTENNIAL CENTER GOVERNING BODY". (Sponsored by Mayor Duckers)
Mayor Duckers -- We met with the governing body, the ad hoc committee,
that we appointed several weeks ago, chaired by Ralph Reitz, to review the
alternatives for structuring the ordinance that the City Attorney is working on,
to try to get it so that it is something that we want and we can live with. and
will deal with the problems we envision having, and we kind of were in limbo
when we adjourned that meeting the other day, so I asked that this be put back
on the agenda today so that we could further discuss it, and in the meantime see
if there was any changes in anyone's thinking and if the City Attorney had
anything further to add or the City Manager.
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Mr. Bengtson - After that meeting the other day, I did redraft a
couple or three sections, but it is still in the vein that we were talking
about, not in the concept of the Airport Authority, but I did redraft to change
the name, Bicentennial Center Authority - it really doesn't make any difference.
I think when you get down to it you get into # 6, the powers and duties of the
council, their authority, or whatever you might call it, and I think this is the
crux of it, whether you want them to determine policy in those areas or whether
you want them to determine policy and actually oversee the day-to-day maintenance
and operation of the center. I think you have got two different things, you
have got the policy for rentals and operation and then you have got the day -to -da
maintenance, whether you want them to have both, or you want to separate them
into another department. I think this is the thing you are going to have to
come to grips with, and eventually decide.
Mayor Duckers - Now these are the changes that we have esentially
discussed the other day.
Mr. Bengtson - Yes, it is. You will notice down in Section 9, the
Center Director, I added that he shall report to and be jointly responsible to
the council and City Manager, whatever you might want to do.
Commissioner Simpson - It seems to me this is up for discussion, that
might, in my way of thinking, further compound the problem. I don't know how
you can serve two masters, and I have, quite frankly, a real problem with this
particular section, and the other I think looks fine as far as the duties and
responsibilities, purpose, powers and duties under Section 6, 1 have no real
argument with; but I have a real concern about who that building manager is
responsible to. It seems difficult to have a situation, and I think it is in
our brief review of some of these operations of the convention and sport centers,
that these building managers or convention managers are rather unique individuals
and some of them rather well paid. If he or she would be a city employee, or a
department head as such, at a same wage level as the City Manager or higher than
the City Manager, this would seem to be just an unworkable situation. I think
in my own particular situation as long as I am in the present job, I don't think
there is any way I will ever make more than the president of that corporation,
and it just, in the pecking order of things, it just doesn't work, and this is a
real concern I have about this particular part of the ordinance and why I favor,
I guess, more autonomy for the council that they would appoint and the building
manager would be responsible to that council. As the ordinance is drafted, the
City Manager would serve on that council, I think it is imperative that there is
cooperation and that the relationship must be good at all times. But I really
have a problem with that particular section.
Commissioner Weisgerber - A technical question. The Airport Authority
has functioned very well. There is a difference they had to come to the city,
although they have a right to do so, to get a mill levy to help support. They
have been self supporting. This building would obviously not be. It would have
to have some taxes from the general funds, not only for its operation but also
to help pay off that bonded indebtedness so the two may go together. If, and
this is just a question, if a person is going, as I understand it, to put this
whole operation under one authority would it be necessary, as we did with the
airport, to get legislation to permit a person to do this? Is it possible to do
that, where they are going to have to pull some off the general taxe levy and
where those bonds are going to have to be paid back. Where do we stand from the
actual legal point of view, aside from deciding what we want to do and don't
want to do, what are the legal technicalities involved in doing these various
things?
Mr. Bengtson - I would question whether or not the legislature would
grant such an authority the power to tax without coming to you for that kind of
approval, after all you are the elected body and you do represent the citizens
of Salina, they can remove you at the next election if they don't approve of
what you are doing. You are accountable to them. I assume a Bicentennial
Authority, much like the Airport Authority, will be appointed by you and accountab
to you. Their ability to tax depends upon your approval and I cannot envision
the legislature giving any building authority such as that the power to levy
taxes because they are accountable to you and not to the citizens of Salina as
you are.
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Commissioner Weisgerber - Yeah, I agree with that. That is not quite
what I meant. I meant it is possible though to give, if we chose, to give this
group the authority to run and operate that building, providing they come back
through us so far as the tax moneys and expenditures are concerned.
Mr. Bengtson - I think this is true and as we have provided right now
in our ordinance, they are going to annually prepare a budget and they are going
to submit it to you, but the final authority for the levying of that tax is
going to be up to you, and by the same token you are going to have to see whether
you can work this in to your general operating levy. You a.re under the tax lid,
and of course this is going to be under your general fund and if you have 1 mill
or 2 mills or whatever it might be, now the bonds are outside of the tax lid and
they can be levied they have already been approved by the voters and will
automatically be levied in such an amount as necessary to amortize the bonds,
but any defecit that may occur will have to come through general fund and they
are going to have to recommend to you an annual budget and you are going to have
to finally approve and levy the tax and then have these funds available for
them.
Commissioner Weisgerber - Then_we come back to the point of argument
is over who the man that runs the operation is responsible to?
Mr. Bengtson - Basically, I think this is the question. We have one
technicality, and I don't know if there is some way we can get around this, the
State law under a Commission -Manager form of government provides that the board
Of City Commissioners shall appoint a City Manager and then state law says that
he shall appoint all other city employees necessary to operate the thing. Now,
if we could get around this facet of the thing, I assume that we could delegate
this to the authority, whatever you will call them, the Bicentennial Authority.
I assume that then he could be accountable to them and not to the City Manager.
I am sure the legislature can grant this authority to authorize them to employ
such personnel as they need to operate the center, just as they have the Salina
Airport Authority. They have given them very broad powers including the authority]
to appoint such personnel as they need to operate the Salina Municipal Airport.
Commissioner Graves - The Airport Authority keeps their own accounts
and pays their own bills. Then if we went with the ordinance we have here, Don
would be overseeing the paying of the bills and this kind of thing. If we went
with our separate authority, the autonomous group, would Don still be in charge
of paying the bills, or would that be a separate thing?
Mr. Bengtson - I would suppose this would get right back to how your
enabling legislation provided, but I would envision that if they did go in that
vein, and have that much automony that they would probably handle their own
funds.
Commissioner Graves - If we went that way, I would like to see us put
our City Manager on as not just ex officio, but as a voting member of that
board.
Mayor Duckers - I think that was our original intention, that he and
the Salina Area Chamber of Commerce Executive Vice -President be full voting
members.
Mr. Bengtson - They are voting members.
Mayor Duckers - I think at one point in time when you were redrafting
the ordinance, it came up that they would serve ex officio, but I think it was
our intention they would be a full voting member.
Mr. Bengtson - Well of course an ex officio member does have the right
to vote. Ex officio means by virtue of office, and he is not appointed by the
Commission he is appointed by virtue of his office.
Mayor Duckers - I think sometimes ex officio members are excluded in
the bylaws.
Mr. Bengtson - They could be in the bylaws, but unless they are they
are a member of the group that they are a part of.
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Commissioner Simpson - We are presently interviewing or receiving
applications for the managerial position. Is there a deadline on those applicati
Mr. Bengtson - I think at their meeting the other day, after you left,
I think they indicated that they were going to receive applicants up to March 2nds
and at that point they were going to cut off further applicants and then they
were going to possibly screen the applicants maybe down to 4 or 5 and have
personal interviews thereafter to be in a position to go ahead.
Commissioner Weisgerber - If we are too late, and again this is assumin
something that we don't know at this point, but if we were going to ask this
from the legislature, I think it is already too late for individual bills or
requests to go in; but it might be in a way as well, if that is true. We could
let this thing operate as it is set up here at least for the year. There won't
too many things come up perhaps in that time; but then determine at a later date
whether we wanted to leave it this way or change it perhaps.
Commissioner Simpson - Well, the only problem I have with that Jack,
is the manager, if I were going to be hired as the manager, my second question
after how much am I going to get paid, is who am I responsible to?
Commissioner Weisgerber - But the question, can we legally, and that
is what I was trying to find out here, can we legally make him responsible to
just the one without legislative action, and if it is too late for that this
year, what can we do about it?
Commissioner Simpson - I think we ought to determine that. At least I
would like to determine that before we proceed to redraft or approve the final
ordinance.
Mayor Duckers - Larry, would that be something that we could find out
with a phone call to Senator Simpson.
Mr. Bengtson - Let me do a little more homework on this. I think that
probably if we deferred any action on this until next meeting I don't think we
would be slowing down the process of interviewing or anything else and maybe by
that time we can come up with something definite.
Mayor Duckers - We will by consensus table this until the City Attorne
can report back to us, and if he feels it is necessary to call a special meeting
we will call one.
is?
The Commissioners did not bring any other item to the floor for discussglon.
Mayor Duckers announced that the board needs to meet in executive
session to discuss the possible issuance of Industrial Revenue Bonds.
A motion was made by Commissioner Simpson, seconded by Commissioner
Weisgerber to recess into executive session to discuss the possible issuance of
Industrial Revenue Bonds. Ayes: (5)• Nays: (0). Motion carried.
The Commissioners recessed at 5:32 P.M. and reconvened at 6:05 P.M.
A motion was made by Commissioner Geis, seconded by Commissioner
Weisgerber, that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (5)• Nays: (0). Motion carried. The meeting adjourned at 6:06 P.M.
D. L. Harrison, City Clerk