07-31-1978 Minutes1?G
City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
July 31, 1978
The Regular Meeting of the Board of Commissioners met in the
Commissioners Meeting Room, City -County Building, on Monday, July 31, 1978, at
four o'clock p.m.
The Mayor asked everyone to stand for the opening ceremony.
There were present:
Mayor Jack Weisgerber, Chairman presiding
Commissioner Keith G. Duckers
Commissioner Dan S. Geis
Commissioner Karen M. Graves
Commissioner Gerald F. Simpson
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 July 24, 1978 were approved as
printed.
STAFF AGENDA
BIDS WERE RECEIVED for a 12 passenger van for the St. Joseph's Childrens
Home (Community Development Block Grant Funds, 3rd year amended application):
Long -McArthur, Inc. $8,984.00
A motion was made by Commissioner Simpson, seconded by Commissioner
Duckers to accept the bid of Long -McArthur, Inc., in the amount of $8,984.00,
subject to the bid meeting the specifications. Ayes: (5)• Nays: (0). Motion
carried.
A RESOLUTION was introduced and passed entitled: ''A RESOLUTION determining
the advisability of acquiring property for the purpose of establishing a public
street from Ohio Street to Kenwood Park Drive and providing for the curbing,
guttering, paving and grading thereof, and the installation of sanitary sewer
improvements; defining the boundaries of the improvement district; determining
the method of assessment and proportioning the cost between the improvement
district and the City -at -large." (Engineering Project 77-628 - The Midway) A
motion was made by Commissioner Duckers, seconded by Commissioner Graves to
adopt the Resolution as read and the following vote was had: Ayes: Duckers,
Geis, Graves, Simpson, Weisgerber (5). Nays: (0). Carried. The Mayor approved
the Resolution and it is numbered 3384.
A LETTER was received from the Citizens Advisory Committee recommending
that the City Commission continue the necessary followthrough for implementation
of the basic ideas of the proposal submitted on April 10, 1978, regarding remodeling
contractors operating in Salina.
Mr. Rawlings said the Citizens Advisory Committee concern is that it
is the remodeling contractor's responsibility to see that the home owner is made
aware of the items recommended by the city planning staff rather than the city
responsibility.
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Mr. Bengtson said effective July 1, 1978, K.S.A 60-1101 has been
amended, now requiring any contractor to give a warning statement to home owners
prior to commencement of the work, and the warning must be in writing stating
the name of all his sub -contractors and stating that the property owner is warned
that if materi,a,ls are not paid for then a lien could be filed against the residence
and this will give some of the warning the Citizens' Advisory Committee was
concerned about. It also provides that the failure to give this warning shall
constitute prima-facie evidence of a willful and wanton intent to defraud the
property owner. This amendment puts a little teeth in it now in regards to the
sub -contractor that might file liens against the home owner.
Mr. Rawlings said he feels this will go a long way to resolving a lot
of the problems the Citizens' Advisory Committee expressed at all those meetings.
Commissioner Simpson said if there is financing involved they are also
required to give the lender a right of recision notice which gives the property
owner three days to recind the transaction. I think the individual property
owner now has more protection with that and with the update of the Kansas lien
laws. It appears to be adequate.
A motion was made by Commissioner Graves, seconded by Commissioner
Duckers to accept the letter from the Citizens' Advisory Committee.
Staff members and Commissioners discussed the intent of the Citizens'
Advisory Committee letter of April 6, 1978.
Commissioner Graves withdrew her motion and Commissioner Duckers
withdrew his second.
Staff recommended the newly amended state law, K.S.A 60-1101 be added
as point #9 on the staff recommendations.
A motion was made by Commissioner Graves, seconded by Commissioner
Duckers to accept the staff recommendation to send out the 9 point suggestion
plan. Ayes: (5). Nays: (0). Motion carried.
Commissioner Duckers recommended the 9 point recommendations be made
available to the news media so the public can be made aware of the recommendations.
PETITION NUMBER 3710 was filed by Lavonne H. Brown and M. Charlton
Brown protesting the proposed change of zoning for property described in Zoning
Application 78-8 from R-1 to R-2 located at 312-314 East Minneapolis. A motion
was made by Commissioner Duckers, seconded by Commissioner Graves to refer the
petition to the Planning Department to be checked. Ayes: (5). Nays: (0).
Motion carried.
PETITION NUMBER 3711 was filed by Nancy F. Tillett protesting the
proposed change of zoning for property described in Zoning Application 78-8 from
R-1 to R-2 located at 312-314 East Minneapolis. A motion was made by Commissioner',
Duckers, seconded by Commissioner Graves to refer the petition to the Planning
Department to be checked. Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3712 was filed by Gregg K. Fischer and Leann Fischer
protesting the proposed change of zoning for property described in Zoning
Application 78-8 from R-1 to R-2 located at 312-314 East Minneapolis. A motion
was made by Commissioner Duckers, seconded by Commissioner Graves to refer the
petition to the Planning Department to be checked. Ayes: (5). Nays: (0).
Motion carried.
PETITION NUMBER 3713 was filed by Georgia F. Agin protesting the
proposed change of zoning for property described in Zoning Application 78-8 from
R-1 to R-2 located at 312-314 East Minneapolis. A motion was made by Commissioner
Duckers, seconded by Commissioner Graves to refer the petition to the Planning
Department to be checked. Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3714 was filed by Larry D. Rageth and Becky J. Rageth
protesting the proposed change of zoning for property described in Zoning Applicai
78-8 from R-1 to R-2 located at 312-314 East Minneapolis. A motion was made by
Commissioner Duckers, seconded by Commissioner Graves to refer the petition to
the Planning Department to be checked. Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3715 was filed by Linda K. Oard and Terry W. Oard
protesting the proposed change of zoning for property described in Zoning
Application 78-8 from R-1 to R-2 located at 312-314 East Minneapolis. A motion
was made by Commissioner Duckers, seconded by Commissioner Graves to refer the
petition to the Planning Department to be checked. Ayes: (5). Nays: (0).
Motion carried.
PETITION NUMBER 3716 was filed by Richard R. Geist and Lavonne K.
Geist protesting the proposed change of zoning for property described in Zoning
Application 78-8 from R-1 to R-2 located at 312-314 East Minneapolis. A motion
was made by Commissioner Duckers, seconded by Commissioner Graves to refer the
petition to the Planning Department to be checked. Ayes: (5). Nays: (0).
Motion carried.
PETITION NUMBER 3718 was filed by Albert Bender for the installation
of curb sidewalk at 1908 Hageman. A motion was made by -Commissioner Geis,
seconded by Commissioner Simpson to refer the petition to the City Engineer for
a recommendation. Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3719 was filed by D. L. Sampson for recessed parking
on Gold Road between US Highway 81 on the west and Fifth Street on the east. 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.
A TREE TRIMMING license application was filed by Arthur F. Leonhart,
d/b/a Leonhart Tree Service, 220 West Crawford. The City Clerk reported the
applicant has paid the required fee and the application has been approved by the
Zoning Officer. A motion was made by Commissioner Graves, seconded by Commissione
Geis to approve the license application and authorize the City Clerk to issue
the license. Ayes: (5). Nays: (0). Motion carried.
COMMISSION AGENDA
''CONSIDERATION OF APPOINTMENT OF TWO CITY REPRESENTATIVES TO THE
ENERGY COUNCIL''. (Sponsored by Commissioner Geis).
Commissioner Geis said that the Energy Council was discussed at the
Tri -Governmental Council with the idea that the City, County and School Board
would each appoint 2 members and the 7th member would be appointed by the other
6. He asked if the City Commissioners are willing to support the concept of an
Energy Council, and to finance it? He said he personally supports the concept
and would like to see the idea work to save all governmental agencies some money
with the wise use of energy and by working together it could accomplish a
significant savings to the tax payer.
The Commissioners discussed the possibility of the council seeking
enabling legislation to support the office, and that it could be self supporting
in a year, and when the commission would budget funds for the council.
Commissioner Duckers nominated Robert Riordan as one of the city
representatives to the Energy Council, and Commissioner Geis nominated Diane
Simpson as the other city representative. Commissioner Simpson seconded the
nominations.
The Mayor, with the approval of the Board of Commissioners appointed
Robert Riordan and Diane Simpson as the city representatives to the Energy
Council.
on
A motion was made by Commissioner Simpson, seconded by Commissioner
Geis to add appointments to boards and commissions to the agenda for consideration,
Ayes: (5)• Nays: (0). Motion carried.
THE MAYOR, with the approval of the Board of Commissioners, made the
following appointments:
Building Code Advisory Board
Bill Bieberly, Architect, appointed to succeed Jack Gillam, Jr., for a
3 year term to June 1, 1981.
Human Relations Commission
Larry Justus appointed to succeed Dan West for a 3 year term to June 7,
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1981.
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Board of Plumbing Appeals
Dan Bachofer, Master Plumber, appointed to succeed Clarence Holm, Jr.
for a 2 year term to June 24, 1980.
Charles Randles, Master Plumber, appointed to succeed William Lucas,
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for a 2 year term to June 24, 1980.
Bill Gray, Journeyman Plumber, appointed to succeed James Gile, for a
�2 year term to June 24, 1980.
Earl Caldwell, Journeyman Plumber, appointed to succeed Glenn Robertson,
;for
a 2 year term to June 24, 1980.
James M. Hall, III, Mechanical Engineer, reappointed for a 2 year term
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to June 24, 1980.
City Planning Commission
Sherry Denton appointed to fill the unexpired term of Clinton Price to
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May 3, 1979•
Citizens Advisory Committee
Area E
Leonard Bohm, appointed to fill the unexpired term of Mary Velasques
'Ito
November 25, 1978.
Area J
Harry Fuller, appointed to fill the unexpired term of Hugh Adams to
November 25, 1979•
Mrs. James Cole, appointed to fill the unexpired term of Opal Stull to
+November 25, 1980.
I A MOTION was made by Commissioner Duckers, seconded by Commissioner
Graves to add an item to the agenda for consideration concerning the Smoky Hill
River project and the dwindling water supply. Ayes: (5). Nays: (0). Motion
carried.
Commissioner Duckers said an article in the latest issue of the Kansas
E�Government
Journal by Senator Dole addresses the high cost of operating the
government, and that it is appropriate for local units of government, already
pressed to the property tax brink, to seek federal assistance on important local
!projects. He said getting water to the water plant is an urgent need in Salina.
d
He asked if a direct approach to Senator Dole would enhance or be detrimental to
our position?
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Craig Roberts, Wilson and Company, said he would not discourage the
�Icity
from doing it, but would suggest not putting a lot of hopes on it. He said
'Ithere
are grants available, primarily from the parks standpoint, to get the
waterways cleaned up. He suggested a contact point with a federal agency on the
!letter, such as a permit application or some grant applications that are being
iIconsidered,
might help the Senator reference the request to a federal agency,
Mand that might be of more benefit.
A motion was made by Commissioner Duckers, seconded by Commissioner
Simpson that a letter be drafted, with the assistance of Wilson and Company, and
sent to Senator Dole asking his assistance on the projects proposed by Wilson
and Company, and that we would like to have him look into it and give us what
assistance he can from Washington. Ayes: (5). Nays: (0). Motion carried.
A MOTION was made by Commissioner Simpson, seconded by Commissioner
Geis to recess into executive session to discuss possible litigation until
5:45 P.M.
The Commissioner recessed at 5:00 P.M. and reconvened at 6:44 P.M.
The Mayor stated that upon the advice of counsel, the City Commission
determined it would be improper to make any statement concerning the meeting as
such statement could possibly prejudice a case if and when such case might be
filed.
A MOTION was made by Commissioner Simpson, seconded by Commissioner
Duckers that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (5). Nays: (0). Motion carried. The meeting adjourned at 6:45 P.M.
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D. L. Harrison, City Clerk
WAIVER AND CONSENT TO HOLD A SPECIAL MEETING
OF THE BOARD OF COMMISSIONERS
Dated this 1st day of August, 1978.
Commissioners
We, the undersigned, being
Commissioners of the City of Salina,
the duly elected, qualified and acting
Kansas, and constituting a majority of the
Board of Commissioners of the City of
Salina,
Kansas, do hereby waive notice and
consent to the holding of a special meeting of the Board of Commissioners on the
1st day of August, 1978, at 1:30 P.M.
for the
purpose of holding a Budget Work
Session.
Dated this 1st day of August, 1978.
Commissioners