01-31-1977 Minutes168
City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
January 31, 1977
The Regular Meeting of the Board of Commissioners' met in the Commiss
Room, City -County Building, on Monday, January 31, 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 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:
Commissioner W. M. Usher
The Minutes of the Regular Meeting January 24, 1977 were approved as
printed.
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THE MAYOR PROCLAIMED the Week of February 6 through 12, 1977 - "CHILDREN S
DENTAL HEALTH WEEK". The proclamation was read by Dr. Vernon Osborn, Chairman
of Children's Dental Health Week.
THE MAYOR PROCLAIMED the Week of February 6 through 12, 1977 - "VOCATI
EDUCATION WEEK". The proclamation was read by Charles Scott of the Salina Area
Vocational Technical School.
STAFF AGENDA
A MOTION was made by Commissioner Graves, seconded by Commissioner
Duckers to remove an ordinance making it unlawful to conduct a quitting business
or similar type sale within the City of Salina without first obtaining a license
therefor, from the table for consideration. (Tabled January 24, 1977) Ayes:
(4). Nays: (0). Motion carried.
Mr. Gene Kruse, representing the Chamber of Commerce, also chairman of
the retail committee, asked that the ordinance be put on second reading, but
asked that the ordinance be amended to read: "Section 1. License Required,
Fees: It shall be unlawful for any person, firm or corporation to advertise or
conduct or carry on in the City any sales of goods, wares, or merchandise that
is represented as quitting business, going out of business, liquidation or
similar sale without first having filed with the City Clerk the inventory under
oath herein provided for, complying with the provisions of this ordinance and
obtaining from the City Clerk a license to do so as a 'closing out sale license'.
No goods, wares or merchandise shall be included in the inventory which are not
actually in the place of business described in the application and license at
the time of the application of the license. All sales governed by the provisions
of this ordinance shall be conducted in the place of business described in the
application and license. The fee for such license shall be $200.00, for a
period of not to exceed 90 days"; and that Section 2 be amended to read. "Applica ion
for License. The inventory referred to in Section 1 shall be made part of the
application for license hereunder, which application shall be in writing. The
application shall also state the place and manner of conducting such a sale.
The application shall be signed by the person seeking to secure a license or by
the proper officer of the corporation, if it is a corporation, and the application
shall be sworn to by the proper person signing such application, which oath
shall state the information given therein is full, true, and known to the affiant
to be so."
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Mr. Milton Morrison, Morrison Discount Building Supplies, said they I
have looked the ordinance over and are in favor of the ordinance with the amendments.
Mr. Francis Denning, Manager of Norris Furniture, explained that the
merchants want "liquidation" to remain a part of the ordinance to stop out of
town liquidators who bring in merchandise to supplement someone's inventory.
Mr. Bernard Jilka, owner of Jilka Furniture and a member of the Board
of Directors of the Salina Downtown Merchant's Association, said the board is in
favor of the revised ordinance.
The staff and interested businessmen discussed the interpretation of
"liquidation" and agreed the sentence should read "complete liquidation".
A motion was made by Commissioner Duckers, seconded by Commissioner
Graves, to substitute the revised ordinance with its proposed amendments prepared
by the Chamber of Commerce for the original ordinance prepared by staff, which
is entitled: "AN ORDINANCE making it unlawful to conduct a quitting business,
going out of business, complete liquidation or similar type sale within the City
of Salina, without first obtaining a license therefor; enacting Article III of
Chapter 20 of the Salina Code", and the following vote was had: Ayes: Weisgerber,'
Duckers, Graves, Simpson (4). Nays: (0). Commissioner Usher absent. The Mayor
approved the ordinance and it is numbered 8539. The ordinance was introduced
for first reading December 20, 1976.
THE COMMISSIONERS considered an ordinance for second 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."
Mr. Larry McKown, First Securities of Wichita, was present and explained
the cost of recalling $1,820,000.00 and using Bond Reserves of $520,000.00 and
refinancing $1,300,000 of Series 1961 bonds, as suggested by Commissioner Usher
at the January 24th meeting, would be an additional cost to the City of approximat6ly
$1,000,000.00.
The City Manager gave some estimated figures on how the customer's
monthly bills will be increased.
The staff and commissioners discussed the necessity of raising the
rates as there has been only one water rate increase since 1959 and no sewer
rate increase, and certain capital improvements have been mandated by the federal
government.
Mr. Norman St.John, asked how much of an increase applies to the
larger water users?
The Commissioners replied 40o applies equally to all users.
Mr. St.John asked what portion of the total water used in the City is
used by the ordinary homeowner, or the large water users.
Mr. Olson said he did not have those figures, but among the 10 largest
users are Asbury and St. John's Hospitals, Kansas Wesleyan University, and
Caphart Housing.
A motion was made by Commissioner Duckers, seconded by Commissioner
Graves to adopt the ordinance as read and the following vote was had: Ayes:
Weisgerber, Duckers, Graves, Simpson (4). Nays: (0). Commissioner Usher absent.
The Mayor approved the ordinance and it is numbered 8540. The ordinance was
introduced for first reading January 24, 1977.
A MOTION was made by Commissioner Weisgerber, seconded by Commissioner
Duckers to set the date of February 28, 1977 to receive bids for $3,000,000.00
Water and Sewerage Revenue Bonds, and instructed the City Clerk to advertise for
bids. Ayes: (4). Nays: (0). Motion carried.
A MOTION was made by Commissioner Weisgerber, seconded by Commissioner
Graves to set the date of February 14, 1977 for a public hearing for the renewal
of a franchise ordinance for Salina Cable T.V. Systems, Inc. Ayes: (4). Nays:
(0). Motion carried.
A MOTION was made by Commissioner Duckers, seconded by Commissioner
Weisgerber to introduce an ordinance for first reading entitled: "AN ORDINANCE
authorizing the City of Salina, Kansas, to acquire the real property hereinafter
described and to construct and purchase buildings, improvements, machinery and
equipment to be leased to Bruce E. Roberts, Nathan B. Butcher, Robert L. Baier,
Robert P. Selm, Robert E. Crawford, Lewis C. Crawford, Robert F. Sykes, John D.
Smutz and Craig A. Roberts, partners, doing business under the firm name and
style of Wilson & Company, Engineers and Architects ("Company"), authorizing and
directing the issuance of $320,000 principal amount of Industrial Revenue Bonds,
Series of 1977, of said City for the purpose of providing funds to pay the cost
of acquiring the real property hereinafter described and to construct and purcha
buildings, improvements, machinery and equipment to be leased to the Company,
and prescribing the form and authorizing the execution of a lease by and between
said City and the Company." Ayes: (4). Nays: (0). Motion carried.
Ordinance Passed: Number:
A RESOLUTION was introduced and passed entitled: "A RESOLUTION determi
the advisability of curbing, guttering, paving, grading, water main and service,
and sanitary sewer improvements, estimating the cost thereof, defining the
boundaries of the improvement district, method of assessment, and apportioning
the cost between the improvement district and the City -at -large." (Improvements
in Victoria Heights Addition, requested in Petition Number 3506 which was filed
by Phil Martin.) A motion was made by Commissioner Weisgerber, seconded by
Commissioner Duckers to adopt the Resolution as read and the following vote was
had: Ayes: Weisgerber, Duckers, Graves, Simpson (4). Nays: (0). Commissioner
Usher absent. Carried. The Mayor approved the Resolution and it is numbered
3305.
PUBLIC AGENDA
PETITION NUMBER 3519 was filed by Randall G. Holm, 249 South Santa Fe
Avenue, for the rezoning of Lots 1, 2, 3, 10, Block 1, Van's replat of the
Fairview Addition and Lot 26, Block 1, Fairview Addition, from District "A"
(Second Dwelling House District) "R-1" (Single Family Residential District) to
District "B" (Two -Family Dwelling House District) "R-2" (Multiple Family Resident
District). A motion was made by Commissioner Weisgerber, seconded by Commissione
Graves to refer the petition to the City Planning Commission. Ayes: (4). Nays:
(0). Motion carried.
PETITION NUMBER 3510 was filed by James Donald Nelson, 672 Briarcliff,
for the rezoning of Lot 19, Block 1, Riverside Park Addition from District "A"
(Second Dwelling House District) "R-1" (Single Family Residential District) to
District "B" (Two -Family Dwelling House District) "R-2" (Multiple Family Residen
District). A motion was made by Commissioner Graves, seconded by Commissioner
Duckers to refer the petition to the City Planning Commission. Ayes: (4).
Nays: (0). Motion carried.
COMMISSION AGENDA
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THE COMMISSIONERS brought the following items to the floor for discussio*:
Commissioner Graves recommended the thermostats in the city offices be
reduced to 65 degrees and that the Building Authority be contacted to see if the
building thermostats can be turned down.
Commissioner Weisgerber suggested the possibility of remodeling Memoria
Hall to be used as a community center when the Bicentennial Community Center is
completed, to be a free facility and to be scheduled by the Human Resources
Director.
Mr. Olson suggested all the Commissioners look at Memorial Hall and
present their ideas.
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Commissioner Weisgerber asked if the Commission wanted to discuss
enlarging the winterization/weatherization program particularly for the elderly,
and the possiblity of obtaining Title III federal funds.
Mr. Rawlings reported the department has had about 80 inquiries into
the program, of which twenty-four have tentatively been approved and sent to
Kansas Power and Light for inspections.
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Duckers to place on the agenda to take action on an application for Title III
Funds to expand the housing weatherization program. Ayes: (4). Nays: (0).
Motion carried.
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Graves to instruct Mr. Rawlings to prepare the application, to ask for the
approval of the local commission on aging, and present it to the North Central
Regional Planning Commission for approval. The additional funds to be over and
above the original $50,000.00 for the program. Ayes: (4). Nays: (0). Motion
carried.
A MOTION was made by Commissioner Weisgerber, seconded by Commissioner
Graves that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (4). Nays: (0). Motion carried.
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D. L. Harrison, City Clerk