12-27-1976 MinutesCity of Salina, Kansas
Regular Meeting of the Board
of Commissioners
December 27, 1976
The Regular Meeting of the Board of Commissioners met in the Commission s'
Room, City -County Building, on Monday, December 27, 1976, 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 Gerald F. Simpson, Chairman presiding
Commissioner Keith G. Duckers
Commissioner W. M. Usher
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 December 20, 1976 and the Special
Meeting December 21, 1976 were approved as printed.
STAFF AGENDA
THE COMMISSIONERS considered an ordinance on 2nd reading making it
unlawful to conduct a bankrupt, quitting business or similar type sale within
the City of Salina without first obtaining a license therefor; enacting Section
20-71 of the Salina Code.
Mr. Gene Kruse, Chairman of the Greater Retail Council, Salina Area
Chamber of Commerce, was present and read a prepared statement: "The Retail
Council of the Salina Area Chamber of Commerce questions certain aspects of
your proposed "Going out of Business" ordinance and sincerely asks if more
government controls are really in the best interest of businesses and the
community.
Specifically: Section 1. We believe that a 90 to 120 day sales period
is more realistic. A time period less than 90 days could impose a
legitimate hardship on certain businesses. They need the time to
dispose of their stock properly and, hopefully, still retain a portion
of their investment.
Sections 2 and 5. The listing of each inventory item with purchase
date and wholesale cost poses a burden on business firms that stock
thousands of items. We feel the cost of personal property and
merchandise to be a private matter as well as who purchased a certain
item.
Sections 6 and 8. We know that it may become necessary for a merchant
to purchase additional merchandise to adequately dispose of wares
that he presently has in stock. It is also difficult and costly to
separate "special sale" merchandise from regular stock when totaling
sales slips.
Section 7. Records of merchandise sold places unnecessary costs and
burdens upon businesses conducting "a sale". Furthermore, we fail to
see the necessity of this request.
Section 9. Discriminatory to retailers.
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The Retail Council does support an ordinance that prohibits a business
firm from a prolonged "Going out of Business" sale with merchandise being added
during the sale or the "out of towner" who rents an empty building or motel
room for the purpose of selling "in transit" merchandise. We feel this proposed
ordinance, for the reasons outlined, goes beyond the intent of the individuals
who initially made the request for the ordinance. We hereby request this
particular proposal be either amended or tabled."
Bernard Jilka said, "As a proponent of the city ordinance regulating
the going out of business sale, I believe such regulations should be enacted
with the intent to protect the public from the abuses of this type of operation;
however I would agree with the Chamber of Commerce group that possibly the
proposed ordinance is too complicated and could be a hardship on large businesses.
I suggest the ordinance be tabled for revision and suggest the Chamber of
Commerce group and possibly the Salina Downtown Merchants Association be asked
for their recommendations."
Commissioner Duckers said, "I brought this up originally at the
request D. Norris because of the out of town people coming in and prolonging
the sale beyond a reasonable amount of time and certainly my intent and I don't
think it was the intent of the Commission was to bring more government into the
regulatory process and make life difficult for our own people, and really what
we are after is an ordinance that the merchants of this community want and can
live with comfortably, so I move that this present ordinance be tabled." The
motion was seconded by Commissioner Usher. Ayes: (4). Nays: (0). Motion
carried.
A motion was made by Commissioner Duckers, seconded by Commissioner
Usher, that the Retail Council of the Salina Area Chamber of Commerce and the
Salina Downtown Merchants Association, together with any others who may have
input, design an ordinance that they would like to present to the City Commission
for adoption. Ayes: (4). Nays: (0). Motion carried.
Mr. Norris said the ordinance is a good ordinance but it does need a
few corrections.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
authorizing notice to be given of the intention of the City of Salina, Kansas,
to repair, alter, extend, reconstruct, enlarge and improve its water and sewerage
system." A motion was made by Commissioner Usher, seconded by Commissioner
Duckers to adopt the ordinance as read and the following vote was had: Ayes:
Duckers, Usher, Weisgerber, Simpson (4). Nays: (0). Carried. The Mayor
approved the ordinance and it is numbered 8530. The ordinance was introduced
for first reading December 20, 1976.
Commissioner Usher asked about the future sources of water for the
community.
Mr. Olson said the work contemplated on Kanopolis and the increased
storage there has received a favorable report.
Mr. Bengtson said the district has been authorized but funds have not
been appropriated for construction. This would not be done until May or June
for fiscal year 1978.
Commissioner Usher asked if there is an alternative?
Mr. Boyer explained if the Kanopolis project is approved, the City is
in good shape for many years in the future. If it doesn't, that doesn't mean
we cannot obtain some water out of Kanopolis as it is.
Commissioner Usher asked how we would get the water if the storage is
increased?
Mr. Boyer replied, some of it is to come through the irrigation works
and part of it by river.
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THE CITY ENGINEER reported on Petition Number 3609 which was filed by
Connie Schmidt for the installation of a sidewalk on the east side of Ohio
Street, adjacent to Lot 1, Block 1, Mayfair Addition, that the petition contains
25 valid signatures and is therefore a valid petition, and recommended the
sidewalk be constructed.
A motion was made by Commissioner Usher, seconded by Commissioner
Weisgerber to accept the City Engineer's recommendation and approve the petition
and to introduce a resolution for first reading determining the necessity of
the sidewalk and directing the owner to construct the sidewalk in compliance
with plans and specifications of the City Engineer. Ayes: (4). Nays: (0).
Motion carried.
Resolution Passed: Number:
A LETTER was received from the Building Code Advisory Board recommend
the approval and adoption of the 1976 Edition of the Uniform Building Code and
repeal that portion of Section 9-18 of the Salina Code which removes the requir
for smoke detectors for single family construction, the approval and adoption
of the 1975 "One and Two Family Dwelling Code", 1976 Uniform Plumbing Code,
1976 Mechanical Code and the 1976 Uniform Sign Code.
A motion was made by Commissioner Duckers, seconded by Commissioner
Usher to accept the recommendation of the Building Code Advisory Board and to
introduce the required ordinances for first reading. Ayes: (4). Nays: (0).
Motion carried.
Ordinance Passed: Number:
Ordinance Passed:
Ordinance Passed:
Ordinance Passed:
Ordinance Passed:
Number:
Number:
Number:
Number:
THE CITY MANAGER reported on the available funds to finance the
City's contribution to the ASAP Program, that it is difficult to figure the
year end unbudgeted funds available for use. "We are saying at the present
time that it appears there would be something in the neighborhood of $33,000,
plus or minus. There is no way to pinpoint a balance until we get to that last
requisition."
After a discussion, with the City Manager and Mr. Shepard, about end
of the year expenses and the availability of funds, and the aspects of the ASAP
Program, a motion was made by Commissioner Usher, seconded by Commissioner
Duckers to fund the ASAP Program with $37,000.00 subject to the availability of
funds at the end of the year. Ayes: (4). Nays: (0). Motion carried.
PUBLIC AGENDA
PETITION NUMBER 3610 was filed by R. J. Allen, Manager of the Salina
Division of Beech Aircraft Corporation, for the reduction of the posted 30 MPH
speed limit on Scanlan Avenue, between General Jim Road and Lucas Road, to be
15 MPH due to the number of employees who must cross the street at shift
changes. A motion was made by Commissioner Usher, seconded by Commissioner
Weisgerber to refer the petition to the Traffic Engineer for a recommendation.
Ayes: (4). Nays: (0). Motion carried.
PETITION NUMBER 3611 was filed by G & K, Inc., for the paving, water
and sewer service for Lots 5, 7, 8, 10, 13, 14, Block 1, Replat of Lot 1, Block
1, Country Hills Addition Number 2. A motion was made by Commissioner Weisgerber,
seconded by Commissioner Usher to refer the petition to the City Engineer for a
report. Ayes: (4). Nays: (0). Motion carried.
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PETITION NUMBER 3612 was filed by George C. Etherington, for the
rezoning of Lots 7, 8, 10 and 14, Block 1, Replat of Lot 1, Block 1, Country
Hills Addition Number 2, from District "C" (Apartment House District) to District
"A" (Second Dwelling House District) "R-1" (Single Family Residential District)
and the rezoning of Lots 1, 5, 6, 9, 11, 12, 13, Block 1, Replat of Lot 1,
Block 1, Country Hills Addition Number 2, from District "C" (Apartment House
District) to District "B" (Two -Family Dwelling House District) "R-2" (Multiple
Family Residential District). A motion was made by Commissioner Weisgerber,
seconded by Commissioner Usher to refer the petition to the City Planning
Commission. Ayes: (4). Nays: (0). Motion carried.
A CEREAL MALT BEVERAGE License application for 1977 was filed by
Charles Curtis McDaniel, d/b/a/ Mac's Bar-B-Que, 1100 North 9th Street. The
City Clerk reported the applicant has paid the required fee and the application
has been approved by the Zoning Officer, Health Department and the Police
Department. A motion was made by Commissioner Usher, to approve the license
application and authorize the City Clerk to issue the license. Ayes: (4).
Nays: (0). Motion carried.
A CEREAL MALT BEVERAGE License application for 1977 was filed by
Robert W. Phillips, d/b/a Raggedy Ann's, 260 Smithers. The City Clerk reported
the applicant has paid the required fee and the application has been approved
by the Zoning Officer, Health Department and the Police Department. A motion
was made by Commissioner Usher, seconded by Commissioner Duckers to approve the
license application and authorize the City Clerk to issue the license. Ayes:
(4). Nays: (0). Motion carried.
COMMISSION AGENDA
The Mayor reported he has had 4 or 5 people contact him expressing
interest in serving on the City Commission. He said he is hopeful they can
choose a replacement for Representative Caldwell within the next week.
The Commissioners did not bring any other item to the floor for
discussion.
A motion was made by Commissioner Duckers, seconded by Commissioner
Usher that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (4). Nays: (0). Motion carried.
D. L. Harrison, City Clerk