01-24-1977 Minutes1
City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
January 24, 1977
The Regular Meeting of the Board of Commissioners met in the Commis
Room, City -County Building, on Monday, January 24, 1977, 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 Karen M. Graves
Commissioner W. M. Usher
Commissioner Jack Weisgerber
comprising a quorum of the Board, also:
printed.
L. O. Bengtson,
Norris D. Olson,
D. L. Harrison,
Absent:
None
City Attorney
City Manager
City Clerk
The Minutes of the Regular Meeting January 17, 1977 were approved as
STAFF AGENDA
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A RESOLUTION was introduced and passed entitled: "A RESOLUTION directing
the City Engineer to prepare a feasibility report relative to the advisability
of the installation of certain street improvements within the City of Salina."
(Curbing, guttering, paving and grading of East Crawford from the east side of
the Smoky Hill River Bridge to the East City Limits) A motion was made by
Commissioner Usher, seconded by Commissioner Duckers to adopt the Resolution as
read and the following vote was had: Ayes: Usher, Weisgerber, Duckers, Graves,
Simpson (5). Nays: (0). Carried. The Mayor approved the Resolution and it is
numbered 3303.
Mr. Robert Frobenius, was present and asked the Commissioners to
consider how long the road will be closed for construction, the possible use of
the street while construction is going on, and that specific instructions be
given to have the road closed a minimum amount of time. He said the people
should know what the plans are for the development of the street, and if it is
going to be widened, and if another bridge is going to be constructed. He
said there will be a lot more development east of Marymount and there will be a
teriffic amount of traffic on that road. He asked that any water lines proposed
for the area be installed before the street is put in. He said the area residents
want an orderly development without being torn up, and an extensive plan should
be made now for the future.
A LETTER was received from the City Planning Commission recommending
the approval of the final plat of Block 8, Northeast industrial Park, as request
in Petition Number 3414-G, which was filed by the Salina Urban Renewal Agency.
A motion was made by Commissioner Weisgerber, seconded by Commissioner Graves to
approve the final plat of Block 8, Northeast industrial Park and authorize the
Mayor to sign. Ayes: (5). Nays: (0). Motion carried.
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A LETTER was received from the City Planning Commission informing the
City Commission it has reconsidered Petition Number 3605 which was filed by
Waters Realty and now recommends the rezoning of the North 50 feet of Lot 1 and
all of Lot 2, Block 1, Waters Subdivision from District "A" (Second Dwelling
House District) "RS" (Single Family Residential District) to District "D"
(Local Business District) "C-5" (Service Commercial District) and the rezoning
of Lots 3, 4, 5, Block 1, Waters Subdivision from District "A" (Second Dwelling
House District) "RS""(Single Family Residential District) to District "C"
(Apartment House District) "R-3" (Multiple Family Residential District). A
motion was made by Commissioner Duckers, seconded by Commissioner Weisgerber to
accept the recommendation of the City Planning Commission and to introduce the
rezoning ordinance for first reading. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed: Number:
A LETTER was received from the City Planning Commission recommending
the amendment and approval of Petition Number 3608 which was filed by Gary
Gorrell for the rezoning of Lot 1 and the West 90 feet of Lot 2, Block 2,
Tucker Park Addition from District "A" (Second Dwelling House District) "R"
(Single Family Residential District) to District "B" (Two -Family Dwelling House
District) "R-2" (Multiple Family Residential District). A motion was made by
Commissioner Usher, seconded by Commissioner Weisgerber to accept the recommenda
of the City Planning Commission and to introduce the rezoning ordinance for
first reading. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed: Number:
A RESOLUTION was introduced and passed entitled: "A RESOLUTION authori
the temporary investment of approximately $1,100,000.00 of Idle Funds of the
City of Salina, Kansas." A motion was made by Commissioner Duckers, seconded by
Commissioner Weisgerber to adopt the Resolution as read and the following vote
was had: Ayes: Weisgerber, Duckers, Graves, (3). Nays: (0). Commissioner
Usher and Mayor Simpson abstained. The Mayor approved the Resolution and it is
numbered 3304.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
making it unlawful to conduct a bankrupt, quitting business or similar type sale
within the City of Salina without first obtaining a license therefor."
The Commissioners reviewed the history of the proposed ordinance,
which was drafted by the legal department, and discussed the revised ordinance
drafted by the Retail Council of the Salina Area Chamber of Commerce and the
Downtown Merchants Association.
Commissioner Usher commented that the ordinance proposed by the staff
is apparently too strict and the revised ordinance is so watered down it would
be useless to adopt it.
Commissioner Graves commented that perhaps the commission is trying to
legislate in areas it does not belong, that possibly the public does not want
the commission's protection. She said she has reservations about whether anybody
will be happy with it, and whether it is enforceable, and whether it can be
uniformly enforced.
Mr. Frobenius commented that he thinks the ordinance is unconstitutional
No one was present in support of the ordinance.
The Commissioners, Mr. Don Weiser of the Chamber of Commerce, and
City Attorney discussed the purpose of the revised version of the ordinance.
Mr. Weiser suggested it be tabled for one week so Mr. Gene Kruse of the Retail
Council could be present.
A motion was made by Commissioner Graves, seconded by Commissioner
Duckers to table the ordinance for one week. Ayes: (5). Nays: (0). Motion
carried.
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The Fifteen (15) days protest period ended January 14, 1977, on the
notice by the City of its intention to repair, alter, extend, reconstruct,
enlarge, and improve its water and sewerage system, and no protests were filed.
THE COMMISSIONERS considered an ordinance for first reading entitled:
"AN ORDINANCE providing for the rates, fees or charges for the use of and
services rendered by the combined water and sewerage system of the City of
Salina; providing the procedure for billing and collection thereof; amending
Article III of Chapter 35 and repealing the existing Article."
Commissioner Usher expressed his concern that he was not present on
December 20, 1976 when Mr. Larry McKown of First Securities of Wichita was here
and presented and explained the financial feasibility report. He said his
concerns are: they provided no alternatives; they did nothing but extend the
present rates without giving some consideration to the fact, knowing that a
substantial amount of increase was going to be necessary. A person living on a
fixed income cannot afford this kind of an increase in their very basic commodity,
water. There is no emphasis placed on the large user; there is a substantial
amount of money in the bond reserves and he would like to see some figures on
using that bond reserve reducing the bonds outstanding and refinancing those
over a 25 year period. If we would do that we wouldn't have to come up with a
40% increase in water rates. To a person on a fixed income, using a small
amount of water, the increase will add up.
Commissioner Weisgerber asked Mr. Bengtson about the schedule for
selling the water and sewerage revenue bonds.
Mr. Bengtson explained the Commission is on a very tight schedule, as
staff is requesting February 28, 1977 as the date to receive bids on the water
and sewerage bonds, and prior to that date we must receive the Moody's ratings.
He suggested that the ordinance be placed on first reading and Mr. Larry McKown
could be present at the next meeting to discuss any questions regarding the
rates and possibly they could be adjusted at that time.
Mayor Simpson said he would like to have a breakdown of the total
number of users for the different size meter connections, and how the minimum
users break down.
The Commissioners and staff discussed the matter, and Mr. Bengtson
explained they would like to keep at least 3 weeks between the date to receive
bids on the Water and Sewerage bonds and the General Obligation bonds, but
possibly the Commission could sell the General Obligation Bonds in February and
then sell the Water and Sewerage Revenue bonds in March. He explained the
reasoning for selling the Water and Sewerage Revenue bonds first is because
contracts for the sludge disposal facilities are being held up pending the sale
of these bonds.
Commissioner Usher said he thinks the bond sales should be reversed.
After discussion, a motion was made by Commissioner Duckers, seconded
by Commissioner Graves to introduce the ordinance for first reading. Ayes: (5).
Nays: (0). Motion carried.
Ordinance Passed:
Number:
THE COMMISSIONERS took no action to set the date to receive bids for
$3,000,000 Water and sewerage Revenue Bonds.
THE CITY ENGINEER filed a feasibility report for street and utility
improvements to serve the Replat of Lot 1, Block 1, Country Hills Addition
Number 2, as requested in Petition Number 3611 which was filed by G. & K., Inc.,
by George Etherington, President. A motion was made by Commissioner Weisgerber,
seconded by Commissioner Usher to accept the feasibility report as filed by the
City Engineer. Ayes: (5). Nays: (0). Motion carried.
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PUBLIC AGENDA
A CEREAL MALT BEVERAGE License application was filed by B. E. Ott,
d/b/a Mike's 66 Service, 2230 North 9th Street. (Renewal application) The City
Clerk reported the applicant has paid the required fee and the application has
been approved by the Health Department, Zoning Officer and Police Department.
A motion was made by Commissioner Duckers, seconded by Commissioner Usher to
approve the license application and authorize the City Clerk to issue the license.
Ayes: (5). Nays: (0). Motion carried.
A TREE TRIMMING AND TREATING License application was filed by
Donald D. Deatherage, d/b/a Salina Tree Service. (Renewal application). The
City Clerk reported the applicant has paid the required fee and has the necessary
surety bond and certificate of public liability insurance on file. 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:
(5). Nays: (0). Motion carried.
A LETTER was received from Martha Rhea, Director of the Salina Cultural
Arts Commission to appear with Marie Chapman before the City Commission to
discuss the possibility of establishing the "street fair" as an ongoing activity
of the City through the Cultural Arts Commission.
Mrs. Rhea was present and asked the City for $5,000.00 "seed money"
for initial administrative costs of the Smoky Hill River Festival, alias the
"street fair". She said the Cultural Arts is the logical place for this as they
are an agency of the City, and a festival is a typical activity of an arts
council and they can serve many, many types of people with the activities.
The festival would be held in the summer, in Oakdale Park near the gazebo, and
maybe the festival would eventually pay for itself.
A motion was made by Commissioner Graves, seconded by Commissioner
Usher to grant their request for $5,000 "seed money" for the Smoky Hill River
Festival, to be paid from the Contingencies Fund. Ayes: (5). Nays: (0).
Motion carried.
COMMISSION AGENDA
A MOTION was made by Commissioner Duckers, seconded by Commissioner
Weisgerber 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 Commissioners, made the following
appointments:
Citizens Advisory Committee
Area "B"
Sister Mary Lou Roberts, appointed to fill the unexpired term of Mrs.
Grace Young to November 25, 1979.
Area "C"
Mrs. Charles (Michael) Kephart, appointed to fill the unexpired term
of Sister Mary Buser to November 25, 1977.
Area "F"
Dennis Ash, appointed to fill the unexpired term of Dr. John Schwarts
to November 25, 1977.
Area "I"
Mrs. Grace Young, appointed to fill the unexpired term of Francis
Drake to November 25, 1977
Mrs. Lorina Knoll, reappointed for a 3 year term to November 25, 1979
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Area "J"
Auburn Baccus, appointed to fill the unexpired term of Consuelo Diaz
to November 25, 1979.
The Commissioners did not bring any other item to the floor for
discussion.
A MOTION was made by Commissioner Weisgerber, seconded by Commissioner
Usher that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (5). Nays: (0). Motion carried.
(DQ �
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D. L. arrison, City Clerk