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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. rs' 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." 1 1-1 1 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 it Ll 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. 1 1 1 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. ti D. L. Harrison, City Clerk