07-18-1977 MinutesCity of Salina, Kansas
Regular Meeting of the Board
Of Commissioners
July 18, 1977
The Regular Meeting of the Board of Commissioners met in the Commissione
Room, City -County Building, on Monday, July 18, 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 Keith G. Duckers, Chairman presiding
Commissioner Dan S. Geis
Commissioner Karen M. Graves
Commissioner Gerald F. Simpson
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
printed. The Minutes of the Regular Meeting of July 11, 1977 were approved as
STAFF AGENDA
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
authorizing the City of Salina, Kansas, to purchase and acquire the real estate
hereinafter described and to construct thereon certain buildings and improvements
and to purchase machinery and equipment, all to be used for industrial and
manufacturing facilities, and to be leased to Research Chemical Company; authorizi{
and directing the issuance of $1,000,000.00 Principal amount of Salina, Kansas,
Research Chemical Company Industrial Revenue Bonds of 1977, of said City for the
purpose of providing funds for the purchase of the real estate and the construction
of buildings and improvements thereon and to purchase machinery and equipment to
be used for industrial and manufacturing facilities to be leased to Research
Chemical Company; and prescribing the form and authorizing the execution of a
lease by and between said City and Research Chemical Company." A motion was
made by Commissioner Geis, seconded by Commissioner Simpson to adopt the ordinance
as read and the following vote was had: Ayes: Weisgerber, Geis, Graves, Simpson,
Duckers (5). Nays: (0). Carried. The Mayor approved the ordinance and it is
numbered 8575. The ordinance was introduced for first reading July 11, 1977.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
providing for the removal of abandoned railroad tracks from the city street
right-of-way; however retaining the rights of the Chicago, Rock Island and
Pacific Railroad Company, Union Pacific Railroad Company, Missouri Pacific
Railroad Company, and the Atchison, Topeka and Santa Fe Railroad Company, in
regard to the future use of such crossings." A motion was made by Commissioner
Simpson, seconded by Commissioner Weisgerber to adopt the ordinance as read and
the following vote was had: Ayes: Weisgerber, Geis, Graves, Simpson, Duckers
(5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered
8576. The ordinance was introduced for first reading July 11, 1977.
THE CITY ENGINEER reported on bids received July 11, 1977 for Engineering
Project 77-621 for street and utility improvements in the Northeast Industrial
Park, that Wilson Constructors is the lowest and best bidder for the project and
that the time element has been worked out so there would be no delay in installing!
the utilities in Part I. A motion was made by Commissioner Graves, seconded by I)
Commissioner Weisgerber to award the contract for Parts I and II of Engineering
Project 77-621 to Wilson Constructors. Ayes: (5). Nays: (0). Motion carried.
ids'
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THE CITY ENGINEER filed plans and specifications for Engineering
Project 77-620 for street and utility improvements in Dow, Replat of part of
Dow, Key Acres 2nd, Georgetown, and part of the replat of Blocks 4, 10, 11, 12,
Georgetown Addition. A motion was made by Commissioner Weisgerber, seconded by
Commissioner Geis to accept the plans and specifications as filed. Ayes: (5).
Nays: (0). Motion carried.
A MOTION was made by Commissioner Weisgerber, seconded by Commissioner
Geis to set the date of August 1, 1977 as the date to receive bids for Engineering;
Project 77-620 and instruct the City Clerk to advertise for bids. Ayes: (5).
Nays: (0). Motion carried.
THE COMMISSIONERS considered setting the date for public hearing for
the proposed budget for 1978.
A motion was made by Commissioner Simpson, seconded by Commissioner
Weisgerber to set the date of August 8, 1977 as the date for budget hearing for
the 1978 budget and authorize the City Clerk to publish the notice of hearing.
Mr. Olson - Mr. Mayor, prior to doing this you did discuss some amendments
to the budget during your work sessions that should be included because these
amendments also need to be published.
Commissioner Weisgerber - This publishes the notice of the hearing
also publishes the budget?
Mr. Olson - Yes, this is for the entire budget which includes the
General Fund, Sanitation, Parking Meters, Golf Course, Water and Sewer, the
whole budget document, I believe in your budget hearings you indicated there
were some changes that you were going to consider.
Commissioner Simpson - Do you want to define those at this time?
Mr. Olson - Alright, you suggested increasing the Cultural Arts request
by $1,800; discontinue the membership in the U. S. Conference of Mayors $750.00;
create the additional position of Engineering Aide III for the Engineering
Department; decrease the energy requirements in Street Lighting $4,000, to go
with the present lighting level on South 9th Street; and then 'T' amount of
dollars for implementing the position classification and pay scale that is being
undertaken by Hay Associates. That will require some adjustments to the budget
revenues necessary to satisfy these particular changes, which totals $39,226.
You have, in accordance with the budget message, latitude of $39,226, making
those four changes brings it down to $30,872. Don and I have been engaged in
some arithmetic trying to guess the moneys that might be necessary to implement
the Hay Study. Of course, we just have no way of knowing the exact amount at
the present time. You cannot take a categorical, across the board percentage,
because the realignment of job classifications never fit that pattern. Probably
the best mark would be to provide, we used the figure of $75,000, whether that
is high or low there is no way of knowing. In the General Fund we have a 2-3/4
million dollar payroll today so $75,000 constitutes about 2-1/2 percent. So, in
doing this we also call your attention to the fact that these same problems
exist in Sanitation, Paper Recycling, Parking Meter, Golf Course, Special Gas,
Solid Waste, Water and Sewerage, any other fund that has salaries being paid out
of it.
Commissioner Weisgerber - We have actually slightly in excess of
$30,000 leeway under the lid, but you are saying we could need, which we don't
have, as much as $75,000 which would be saying then that we had better allocate
this $30,000 to a contingency fund or something so far as the publishing of this
budget is concerned until we see what the Hay Report shows.
Mr. Olson - Here is what Don and I have gone over. We have gone over
revenues and feel that there is possibly some latitude in the area of building
permits. There might be a little latitude in the area of franchise revenues, I
am not sure, electricity, and cable tv. Of course we never hit revenues, or any
of these categories right on the head, you might be above on one and below on
another by the time a year from this coming December arrives. Based on the
construction that has been taking place and allowing for the additional inspector
in the Building Inspection Department, we felt possibly that we could increase
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the Engineering Fees and Building Permits somewhat. Franchise possibly through
electrical revenues a $15,000 tag and cable tv will be presented today for a
rate increase. If that request is granted there is $2,500 there. Possibly in
building permits and engineering fees we could possibly budget another $10,000
in each of those areas. There would be increasing our revenues $37,500 plus the
$30,872 that is left within the budget lid, would give us $68,372.
Commissioner Graves - you mean to implement the Hay report?
Mr. Olson - Available to use or prorate back until it did cover it, or
defer implementing it until March or some other time.
Commissioner Weisgerber - For the puropses of this action today we
don't need to be concerned about a possible change in the fees or the franchises.
What we need to do then before publication is to take that $30,800 and put it
into contingency or the general salary account ...
Mr. Olson - It would be in a separate contingency for the salary
study. You do also have to be concerned about revenues because then permit the
budget to be increased by that amount, the $37,500 plus $30,800.
Commissioner Geis - Would that amended budget also include those fees
at the dump that we were discussing? The sanitary land fill?
Mr. Olson - No, you are not on the sanitary land fill. That is
something that you could permit to be published the way it is and if you did not
increase fees the full amount you would not be effecting your budget because you
have budgeted sufficient revenues.
Commissioner Geis - and publish it the way it is?
Mr. Olson - You can debate that at a later time, but we would ask you
not to defer it for convenience sake. It has got to be met.
Commissioner Simpson - What are we saying then, $30,000 on the ...
Mr. Olson - The $30,872 that is left on the table so to speak, and if
you authorize the increase in revenues of $37,500 and we will be able to tell
you prior to implementing the study whether that revenue is there or will be
there. If it won't be there we are going to delay implementing the study until
March, April, May, or whenever it is available. Now we would be increasing a
total of $68,372 in those areas and using that same approach or type of arithmetic
you would increase, and we do have the cash available in these special funds,
Sanitation $7,700; Paper Recycling $250; Parking Meters $1,000; Golf Course
$1,250; Special Gas $750; Solid Waste $1,800; Water and Sewer $21,500. That is
using about the same formula that we have been discussing on the General Fund.
Commssioner Simpson - Mr. Mayor I would amend my motion then to
include the additions and deletions to the budget that we went over in accordance
with the items outlined by the City Manager.
Commissioner Graves - Second
Mayor Duckers - You have heard the motion to amend, all those in favor
of the motion to amend signify by saying aye: (5)• Opposed same sign. (0).
Motion carried. Alright you have heard the original motion is there any further
discussion of the motion as amended? Those in favor signify by saying aye:
(5). Opposed the same sign. (0). Motion carried.
A MOTION was made by Commissioner Geis, seconded by Commissioner
Simpson to set the date of August 8, 1977 as the date for Public Hearing on the
proposed use of Revenue Sharing Funds for the 8th and 9th Entitlement Periods,
and authorize the City Clerk to publish the notice of hearing. Ayes: (5)•
Nays: (0). Motion carried.
A LETTER was received from the City Planning Commission recommending
the approval of the Zoning Application 77-5, filed by Max McClintock for the
rezoning of Lots 8 & 9, Block 5; Lots 8, 9, 10, Block 6; Lots 8, 9, 10, Block 7;
and Lots 8, 9, 10, Block 8, Wallerius Addition from District R-1 (Single Family
Residential District) to District R-2 (Multiple Family Residential District).
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Mr. Byron Norris, 435 Mercury, was present protesting the rezoning of
the property. He said rezoning of the property has been previously denied by
the City Planning Commission and City Commission when only one or two persons
registered their objections. On this application 20 area residents were present
at the Planning Commission meeting and they presented a petition with 72 signature9
opposing the rezoning to the City Planning Commission, but it does not seem to
carry any weight. He said duplexes will fill the area with non permanent people
which will make the area deteriorate rapidly. He said people bought their homes
in this area in good faith that the area would develop as single family dwellings.';
He said the schools are already overcrowded. He said if people knew the area
would be rezoned, they would not have bought in the area, but the current owners
have already made their commitment.
The Commissioners, staff and interested people discussed the density
of the currently developing property and the projected density of the requested
property for rezoning.
Mr. Max McClintock was present and asked the City Commission to approve
(the recommendation of the City Planning Commission and approve the Zoning
Application.
A motion was made by Commissioner Geis, seconded by Commissioner
Simpson to accept the recommendation of the City Planning Commission and approve
the Zoning Application and to introduce the rezoning ordinance for first reading.
Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed:
PUBLIC AGENDA
Number:
PETITION NUMBER 3649 was filed by Philip Sanchez to locate Salina's
baseball diamonds in the proposed family sports complex at the old municipal
airport. We want our tax dollars spent where there is no risk of loss. A
motion was made by Commissioner Simpson, seconded by Commissioner Graves to
accept the petition and defer discussion until item 4 on the public agenda.
Ayes: (5). Nays: (0). Motion carried.
A REQUEST was received by Tyrone Clincy and Jimmy Briscoe to be present
to discuss the construction of a skateboard park, possibly in Oakdale Park.
Jimmy Briscoe read their letter to the Commissioners.
Commissioner Geis expressed his concern about the liability of the
City in such a venture.
After a short discussion a motion was made by Commissioner Geis,
seconded by Commissioner Simpson to refer the request to staff for a report.
Ayes: (5). Nays: (0). Motion carried.
A REQUEST was received from Larry Justus to be present to discuss a
new schedule of rates and charges for the Salina Cable T.V. System, Inc., to
become effective September 1, 1977.
Mr. Justus was present and asked for approval of an increase of
approximately 8%. Cable service for a primary outlet would be raised to $7.50
bringing it back to the rate it was in 1963.
Commissioner Simpson asked for a current audited financial statement
in order to justify the rate increase.
The Commissioners and Mr. Justus discussed the need to increase the
rates.
Mr. Bengtson explained that the provision is in the ordinance granting
the franchise and the commission has the preogative to look at the financial
statement to see if the raise is justified.
A motion was made by Commissioner Simpson, seconded by Commissioner
Weisgerber to defer action on the request until the City Attorney and staff can
get together with Mr. Justus and provide that information to the City Commission
or a reasonable facsimile thereof. Ayes: (5). Nays: (0). Motion carried.
A REPORT was received from the Baseball Study Committee re -affirming
the recommendations submitted to the City Commission on May 23, 1977•
A motion was made by Commissioner Simpson, seconded by Commissioner
Geis to receive the report from the Baseball Study Committee.
Mayor Duckers laid the ground rules for discussion of this item:
comments will be limited to a person being on his feet at one time and trying to
limit time to 5 minutes; and if the item has been previously discussed that the
people don't say the same thing again.
Commissioner Graves commented on the argument that twice the facility
could be built for 1/2 the money at the old munid.ipal airport. The'Commission
asked Bucher and Willis to take the 8 ball diamonds proposed for Lower Indian
Rock Park and place them at the old municipal airport and estimate the cost, and
they estimated it would cost $504,000 to put the baseball diamonds at the old
municipal airport. $17,000 more at the old municipal airport as compared to
Lower Indian Rock Park. That 8 ball diamonds will cost just about the same
amount of money when you take into consideration we might lose 1/4 million
dollar grant.
Commissioner Simpson read the wording on the petition in which the
signers say "I support the relocation of Salina's baseball diamonds to the
proposed family sports complex at the old municipal airport. We want our tax
dollars spend where there is no risk of loss." He said it does not read "in lieu
of'
Commissioner Simpson said his position is, "I think the age groups for
baseball participants should be segregated. I think those of 15 and under
should have their own complex and I think those 15 and over should have their
complex. We are replacing 4 ball diamonds in Kenwood Park. The proposal for
Lower Indian Rock Park is for 8 diamonds. It would seem to me logical to look
at those diamonds and I would defer to Don Jolley and the people who actually
operate the program for their expertise, but it would seem that doubling the
number of diamonds, even in an era of increasing participation and perhaps
starting the program and 1/2 hour earlier every night would preclude the need
for lights in the lower Indian Rock area. I will not admit that that is a
nuisance, and perhaps it is depending upon your point of view; but you are
talking about an initial capital expense. You are talking about an ongoing
expense of maintenance and utility bills in an era we know they are going to
increase, and if it would be acceptable or would be programmable with the people
involved, Don and others, to take 8 diamonds where you have had 4 and program
those age groups down there, I would be in favor of that. I think then we have
to look at the alternative site for additional Babe Ruth, American Legion, 2
colleges and the adult baseball program in Salina. The old municipal airport
site certainly bears a good look as an alternative to Schilling, where 2 diamonds
are now located. I would, the figures you know that have been out as saving
$400,000, I think you know we would have to admit really aren't so because I for
one would not want my child to participate in a baseball program where you were
driving and parking on a runway. I think there is no doubt in any engineer's
mind, and I don't know of any engineer that would sign a plans and specifications
where you would not want to change the configuration of that area out there from
an airport to a park, and that is going to involve some money. Some way to
define streets and parking areas either removing concrete or whatever; but it
just isn't as simple as going out and drawing lines and saying these are streets
and these are parking areas. So that is my point at this, or my stand at this
point in time. I think the Lower Indian Rock Area is compatible to use for
baseball, softball for boys and girls in Salina under the age of 15• 1 would
hope that it would not be necessary to light it, as I say from an initial cost
as well as an ongoing cost standpoint, and that we consider then Schilling and
the old municipal airport sites as possible sites for the expansion of our adult
baseball and softball program."
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Philip Sanchez, Roy Wilbur, Mrs. Dreher, Larry Marshall, Roger Fellers,
Royce Nelson, Mrs. Richard Burns, Florence Sutton, Lee Marshall, John Mize,
Nancy Roderick, Michael Kephart, Aubrey Linville, Mary McNally, Dr. Jim Roderick,
Margaret Schmidt, Jim Otto, Barbara Marshall, Mrs. Harz, Mrs. Jim Otto, and an
unidentified woman, along with many residents of the area, were present again
protesting the placement of baseball diamonds in Lower Indian Rock Park. They
object to spending tax dollars for a facility that can be demolished by a
flood, to the traffic problem that will occur at the park entrance and Crawford
Street, to the noise and lights connected with baseball facilities. They said
the City Commission needs to do some long range planning and asked them to take
time to study the problem.
Mr. Cleve Dunn said the Commission is obligated to put the ball
diamonds in Lower Indian Rock Park because the Bicentennial Center vote said
the ball diamonds would be put there, and the Baseball Study Committee recommended
that location.
Mr. Don Jolley was present and explained that he is pro kids in this
matter. He said the Recreation Commission has already made arrangements to use
other ball diamonds next year. He asked the residents of the area if there are
any circumstances whereby they would be willing to have any kind of recreational
facilities and asked them to tell the City Commission what their answer is.
Mr. Larry Marshall asked the City Commission to defer action to give
time for the residents to get together and decide on a response to that question,
and then to report back to the City Commission.
Commissioner Simpson repeated his motion, seconded by Commissioner
Geis, to receive the report from the Baseball Study Committee, and added to allow
time, 2 weeks, for friends of baseball and other recreational activities to meet
and report back to the City Commission. Ayes: (5). Nays: (0). Motion carried.
CEREAL MALT BEVERAGE LICENSE APPLICATIONS were filed by:
I. Amy Frick, d/b/a The Well, 1056 East Pacific.
2. Georgia Ruth Disney, d/b/a Ritz Tavern, 101 1/2 North Broadway.
The City Clerk reported the applicants have paid the required fee, and the
applications have been approved by the Police Department and the Zoning Officer,
and that the application for The Well has been approved by the Health Department
and the application for the Ritz Tavern is being asked for approval subject to
the final approval of the Health Department. A motion was made by Commissioner
Geis, seconded by Commissioner Simpson to approve the license applications and
authorize the City Clerk to issue the license for The Well, and to issue the
license for the Ritz Tavern upon approval by the Health Department. Ayes: (5).
Nays: (0). Motion carried.
COMMISSION AGENDA
The Commissioners did not bring anything to the floor for discussion.
A MOTION was made by Commissioner Geis, seconded by Commissioner
Simpson that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (5). Nays: (0). Motion carried.
D. L. Harrison, City Clerk