11-06-1978 MinutesCity of Salina, Kansas
Regular Meeting of the Board
of Commissioners
November 6, 1978
The Regular Meeting of the Bcard of Commissioners met in the City
Commission Meeting Room, City -County Building, on Monday, November 6, 1978, at
four o'clock p.m.
The Mayor asked everyone to stand for the opefing ceremony.
There were present:
Mayor Jack Weisgerber, Chairman presiding
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
M. E. Abbott, Acting City Clerk
Absent:
Commissioner Keith G. Duckers
D. L. Harrison, City Clerk
The Minutes of the Regular Meeting October 30, 1978 were approved as
printed.
The Mayor announced that Commissioner Duckers is absent because of a
disastrous fire today at St. John's Military School.
The Mayor announced that Staff Item 4 concerning proposals submitted
by Wilson and Company for information on the Flood Drainage project in South
Salina could not be considered today because of the absence of Commissioner
Duckers.
STAFF AGENDA
THE COMMISSIONERS considered a resolution determining the necessity of
and directing that the owner or owners of certain lots construct, in compliance
with plans and specifications of the City Engineer, a sidewalk abutting said
lots within 60 days of the adoption and publication hereof and providing that in
the event the owner or owners fail to do so, that the City of Salina shall
proceed to construct, or cause to be constructed, said sidewalk and that the
total cost thereof shall be assessed against such lot or lots on which such
sidewalk shall abut as other special assessments. (Requested in Petition Number
3729, filed by Coronado School PTA Safety Committee for sidewalk on the east
side and parallel to Ray Avenue, from the Coronado School parking lot south to
Gail Drive.)
Tom Rose, asked if it wouldn't be in the best interest of the safety
of the children, since Ray is the busiest street out there, if the sidewalk was
constructed on the other side of the street. This would eliminate the children
from crossing Ray, which is the busiest street and going clear to Neal and
crossing at the crosswalk.
Mr. Boyer responded that there are points for either side of the
street. On the east, most of the children would cross Ray once and not cross
the minor streets, but if it was on the west side, they would cross 2 or 3 minor
streets, and cross Ray at a protected walk at Neal Avenue. It was the recommendai
of the Engineering Department that the sidewalk go on the west side of Ray
Avenue, rather than the east side, but the safety committee petitioned for the
east side.
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Mr. Boyer, Mr. Bengtson, and Mr. Olson approached the bench and
discussed the proposed project, and the area involved.
Rich Hager, 314 East Laura, said he does not own adjacent property so
the assessment does not matter one way or the other, but he does have children
that cross the street. The original idea of placing it on the east side is that
at least 50% of the land it would be on, would be school ground, and a lot of
children would come off the school ground after school and be on the sidewalk
automatically, since 50% of the sidewalk would be on school property itself.
This was part of the reasoning behind it. A lot of people would be happy with a
sidewalk on just the school ground itself, if nothing else.
Jim Mallon, said one thing about the school ground property, is there
is a drainage area down through there and if you put the sidewalk where you are
talking about 10 or 12 feet in and you are going to down right through the
middle of the drainage ditch and it gets about 3 foot deep in there. The school
board, which we are all tax payers, is going to have to go in there and fill
that drainage ditch, do some regrading and redrainage. If you move it out
against the curb, you have approximately 4 telephone poles sitting in the middle
of your sidewalk on school ground property. This is something you should be
considering on the cost factor, whether it is on the school ground or whose
property it is on. In other areas of town where we have trouble getting children
to school, in the Sunset Addition, there is a walkway painted about 4 feet out
in the street, where children can walk down the side of the property out in the
street which is painted a safety area. "done of the adjacent area has sidewalks
to the west, there is on the north of the school, some areas there that do have
sidewalks. They will be walking in the streets or through people's yards to
reach this sidewalk where ever we put it out there on either side of Ray.
A MOTION was made by Commissioner Simpson, seconded by Commissioner
Geis to deny the petition, as the traffic department's recommendation was to
have the sidewalk on the west side of Ray Avenue and have a guarded crosswalk at
Neal, and with the recommendation that a petition be submitted for a sidewalk on
the west side of Ray. Ayes: (4). "Jays: (0). Motion carried.
THE CITY ENGINEER filed a feasibility report for Petition Number 3730,
filed by Daniel C. King for the construction of a frontage road on the west side
of Ohio Street between Cloud Street and Schippel Drive. A motion was made by
Commissioner Geis, seconded by Commissioner Simpson to accept the feasibility
report as filed by the City Engineer. ,Ayes: (4). Nays: (0). Motion carried.
THE CITY ENGINEER filed a feasibility report for Petition Number 3731,
filed by Kenneth Nordboe for water and sewer main extension to serve Lot 1,
Block 3; and Lot 1, Block 4, Nord Subdivision. A motion was made by Commissioner
Graves, seconded by Commissioner Geis to accept the feasibility report as filed
by the City Engineer. Ayes: (4). Nays: (0). Motion carried.
A MOTION was made by Commissioner Geis, seconded by Commissioner
Graves to table the consideration of the proposals submitted by Wilson and
Company in letters dated October 26, 1978 concerning the scope of work and costs
for providing desired information on Flood Drainage Project in South Salina, until
November 13, 1978. Ayes: (4). Nays: (0). Motion carried.
A LETTER was received from Keith Rawlings, Director of Planning and
Community Development, concerning annual Citizens' Advisory Committee membership
adjustments. A motion was made by Commissioner Simpson, seconded by Commissioner
Graves to accept the letter. Ayes: (4). Nays: (1)). Motion carried.
THE COMMISSIONERS considered a resolution delegating additional powers
to the Housing Authority of the City of Salina, Kansas.
Tom Darnell was present and explained this deals with the type of
financing they are trying to set forth for the Oakdale Plaza Elderly Housing
Project that involves a parent entity and after considerable discussion between
all the parties involved it appears everyone desires that the Housing Authority
actually perform this function.
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outside of the tax lid to support this. fie feels that the county can do this
under their home rule powers, the only question in his mind might be whether or
not special legislation would be required to permit those funds to be expended
by this Tri Government Council. I am not at this point really sure how the
county themselves feel about this, whether they might like to know whether or
not the City Commission would back them in requesting that particular piece of
legislation or not. We do need to settle the immediate cash supply question and
we have got a couple of representatives here today from that Tri Government
Council Energy Usage Commission. Am I stating this correctly, you were there at
this last meeting. lJe do need to settle definitely the immediate cash flow
problem, and then is there further action that we need to take in your opinion
in view of the fact that this taxing bit is going to revolve pretty well over to
the county rather than the city. Steve how do you view this?
Steve Burr - Well, I would like to - basically you are correct. The
only legislation I think we would need would be the addition of a couple of
words to an existing bill that is already there which allows energy and
conservation as two of the requirements for which home rule can fall. Then
also, I think probably a letter from your body here indicating that you would
like to have this done to Senator Simpson so that he can introduce the legislation;
at the first opportunity as soon as the legislature opens to get it added to
that particular bill. All it would be would be an amendment. As far as 1979
funding is concerned, I think that we are basically going to try and pursue with
given the backing of all three groups, we will try and pursue interim funding
through the State Energy Office first and then very probably through the Departmenii
of Energy at the Regional Office in Kansas City, if that does not materialize.
Mayor Ideisgerber - I am correct, am I not, in saying that the other
three agencies, the county and the school board don't have cash funds available
either do they? Are we all three in the same situation?
Mr. Burr - No, you are all three in the same boat in so much as
the budgets for 1979 are already set and it just so happens that the only way we
would be able to pursue it this year would be on the basis of some type of
interim funding from some outside group and we are trying several other angles,
and we will keep you apprised, via letter, as to what we are continuing to do,
but first we need the authority to go ahead and pursue it if we assumed the
authority was going to be there since this was one of the things that was made a
priority by the Tri Governmental Council.
Commissioner Graves - I have had a couple of questions then, if suddenly)
it is shifted to a county tax levy, which would be a charter, chartering out
under the tax lid, which is not terribly popular these days, but then would it
still be the Tri Governmental Council, would the city and the school board be
appointing people to it when it is not within our .. I mean we are all in the
County, I understand this, but ..
Mr. Burr - This is basically set up, 'Caren, for an easy and equitible
method of gathering the funds. If it were done through each of the various
political bodies some people would be taxed three times, and since there are
other school districts that are going to be effected by this because it is
involved throughout the county and there are other cities involved, we feel that
the best way to try and do this is through the County levying the tax.
Commissioner Graves - Okay, but who would be the Board of Directors in
charge of ..
Mr. Burr - As far as responsibility is concerned. I think responsibiiit!
for providing the incentive and the enthusiasm and the assistance, when needed,
that is going to have to come from all three bodies, and although the taxes are
coming from the county, they are basically coming from the people of the entire
county which includes all of the various ..
Commissioner Graves - ., but the director would be accountable to the
County Commission?
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Mayor Weisgerber - Well it wouldn't hurt would it to have that piece
of legislation? All it does is simply include the right for the county to enter
into that kind of an agreement. It wouldn't necessarily signify that a
satisfactory agreement actually might ever come about, or that the County would
ever pursue it; but it would give them the, it would just be included in the
legislation giving them the right to do that. That wouldn't necessarily prejudicf
what might come along down the road after that would it?
Commissioner Graves— We are just keeping the doors open.
Mr. Burr - Well obviously all three groups are going to have to agree
to it, or we are not talking about an Energy Usage Committee under the Tri
Governmental Council. In other words, from then on if that doesn't happen then
it is a mute point anyway as to whether there is anything in legislation.
Mayor Weisgerber - But actually, if the legislation is there, again
not to say we might or might not use it, but if it applies to the entire state,
it is quite conceivable that other counties might also have somewhat of a
similar situation, so I certainly don't see any disadvantage to having that in
the legislation, then it is available, and if it is used, fine, and if it isn't
it still certainly doesn't - I don't see where it hurts to be there.
Commissioner Geis - I think Karen's concerns are outlined in that
legislation there. If amended -'12-2904a is where the words were going to be
put in there to consider the energy thing, but in Section b it states the agency
can enter into agreements with one+or more public or private agencies for joint
or cooperative action, etc., etc., etc., and that appropriate action by ordinance,
resolution or otherwise pursuant to law of the governing bodies shall be necessary
before any agreement. And then down at the .. down in Section bl, provision for
administrators, is addressed in that particular part. So it looks to me like if
we support it and get this amendment to this article that we would be on the
right track ..:
Commissioner Graves - Then are we endorsing the budget or anything
like that with ... Okay. Politically I think I would pare it down the first
year.
Mr. Burr - As we told the Tri Governmental Council there are several
ways in which the budget can be pared. The place for the person's office is
something that could be provided by one of the three governmental agencies.
Secretarial staff if there is anything like that that might be available.
Machines, desks, chairs, etc.,
Mayor Weisgerber - I think by asking this legislation we are not
necessarily, I think we probably should make that clear, we are not necessarily
at all saying that we endorse the budget or just where this thing may go, and
that is all going to have to be worked out in the future between and get the
cooperation of all three groups. Which isn't always easy to get three different
ones to agree to this, but I think we would have to do this with the idea, like
Karen says, that we are not necessarily endorsing the budget. This isn't going
to get done until in next year some time. Well into, perhaps, well into the
first part of the year. Then budget processes of the county and city and all
come up till about mid summer. Who knows what may happen either statewide or
nationwide in that length of time, it may give some direction to this one way or
the other. It is a little difficult to look in the future and see just what
future commissions or may demand.
Mr. Burr - I might suggest that although it is feasible to go ahead
and postpone a decision on the budget at this time I think that something should
be - it should be looked at prior to this summer because and also it should be
done relatively soon insomuch as if we are going to hire an employee to fill
that position, given interim funding, he will have to have some knowledge of
whether there is going to be continuing funding after that. It may be that this
particular person will be able to secure grants to provide some lowering of the
demands on local government, but I do feel like there should - the man should
have some knowledge if he is going to, if we are going to get a good person that
the position will be there after 1979• At least I would want that kind of
security.
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The following items were brought to the floor for discussion:
A MOTION was made by Commissioner Simpson, seconded by Commissioner
Graves to add appointments to boards and commission to the agenda for consideratio
Ayes: (4). Nays: (0). Motion carried.
THE MAYOR, with the approval of the Board of Commissioners, made the
following appointments:
Grievance Committee
Richard J. Courter, reappointed for a 3 year term to August 30, 1981
Jim McKin, reappointed for a 3 year term to August 30, 1981
Mrs. Leo Schaefer, reappointed for a 3 year term to August 30, 1981
Housing Advisory and Appeals Board
Wendell Kellogg, reappointed for a 3 year term from September 15, 1976
to September 15, 1979
Mrs. Melvin Eshelman, reappointed for a 3 year term from September 15,
1977 to September 15, 1980.
J. Q. Rodriguez, reappointed for a 3 year term from September 15, 1977
to September 15, 1980
Commissioner Geis asked for a status report on Petition Number 3721
filed by James R. Knight for no parking signs in front of #2 Crestview Drive.
Mr. Boyer said it is still pending, that the department is trying to
resolve it as best it can.
Mayor Weisgerber announced there will be a special meeting of the
Board of Commissioners on Ilednesday, November 8, 1978, at 10:00 A.M. to discuss
the procedures for evaluation of the City Commission and the City Manager. The
Commission will convene and then recess into executive session.
A MOTION was made by Commissioner Geis, seconded by Commissioner
Graves to recess into executive session to discuss litigation, and to reconvene
at 6:00 P.M. Ayes: (4). Nays: (0). Motion carried.
The Commission recessed at 4:55 P.M. and reconvened at 5:50 P.M.
A MOTION was made by Commissioner Simpson, seconded by Commissioner
Geis that the Regular Meeting of the Board of Commissioners be adjourned. Ayes:
(4). Nays: (0). Motion carried. The meeting adjourned at 5:51 P.M.
//1ef/ZG
M. E. Abbott, Acting City Clerk