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08-25-1975 Minutes1.30 City of Salina, Kansas Regular Meeting of the Board of Commissioners August 25, 1975 The Regular Meeting of the Board of Commissioners met in the Commissioners Room, City -County Building, on Monday, August 25, 1975, at seven 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 Robert C. Caldwell, Chairman presiding Commissioner Keith G. Duckers Commissioner Gerald F. Simpson 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 of August 18, 1975 were approved as printed. STAFF AGENDA A PUBLIC HEARING was held on the environmental effects of the proposed Water Treatment Plant Improvements. Mr. James C. Dowell, of Wilson and Company, was present to make the formal presentation. He asked for a show of hands of people who came to the meeting explicitly for the public hearing. Glorine Shelton and Joan Snyder, of the League of Women Voters, were present for the hearing. Mr. Dowell made the formal presentation: "The City's water treatment plant currently discharges waste lime and alum sludges to the Smoky Hill River. The City has retained Wilson & Company to examine alternative plans to eliminate this practice. This public hearing is being held to discuss the environmental effects of the proposed alternative plans "Three alternative plans have been examined in detail on the basis of total cost and environmental effects. Each plan will effectively eliminate the practice of discharging waste sludges to the river for the twenty-year design period. "Plan I proposes construction of sludge dewatering facilities at the existing water treatment plant to reduce the waste sludge volume. Dewatered sludge would be hauled by truck to the City's existing landfill facility. The average annual ownership cost for Plan I is estimated to be $216,000 per year for the twenty-year design period. Plan I proposes a minimum of adverse environmental effects. 131 "Plan 11 proposes the construction of sludge drying beds immediately west of the sewage treatment plant. Waste sludges would be pumped to the drying beds. Dried sludge would be hauled to the existing landfill facilities by truck. The average annual ownership cost for Plan 11 is estimated to be approximately $219,000 per year for the twenty-year design period. The principal adverse environmental effects of Plan II are the 32 acre land requirement and possible odor problems. The proposed site is located on land unsuitable for development due to the lack of flood protection and proximity to the sewage treatment plant. Odor problems will be offset by prevailing southwesterly winds. 'Plan III proposes construction of large storage lagoons located on the same site proposed for Plan II. Waste sludges would be pumped to the storage lagoons for ultimate disposal. When a storage lagoon has been filled, a layer of topsoil would be applied and the site returned to agricultural uses. The average annual ownership cost for Plan III is estimated to be approximately $194,000 per year for the twenty-year design period. The principal adverse environmental effects are the 76 acre land requirement and potential odor problems. The proposed site is unsuitable for development due to the lack of flood protection and the proximity to the sewage treatment plant. Odor problems will be offset by the prevailing southwesterly winds. "Based upon these considerations, we recommend Plan III for constructio . Plan III offers the most economical alternative without overriding adverse environmental effects." Mr. Dowell said he is prepared to answer questions that people may have or if people have presentations they wish to make at this public hearing, they should do so at this time. There was no response for presentations when called for. Mrs. Shelton said the figures are different from the ones she read in the City Clerk's Office. Mr. Dowell explained this is a summary of the environmental assessment and some of the previous studies have been on file for 30 days at the City Clerk' Office and have been available to the public as advertised in the newspaper. Mrs. Shelton commented that this is not the economic aspect as much as the environmental. Mr. Dowell replied they are more concerned with the environmental aspects. Commissioner Duckers asked if the sludge would go by pipeline to the storage lagoons. Mr. Dowell replied the sludges would be pumped from the Water Treatment Plant to the ultimate storage site, where it will be a situation similar to the landfill site, where solid waste is just buried. The liquid would evaporate. Commissioner Weisgerber asked about the $194,000 cost comparison. Mr. Dowell explained they examined the various alternatives. "We prepared total cost estimates and they are based on capital costs as well as operation and maintenance costs and considering salvage values of various equipment components, also considering chemical savings from recovering lime sludge at the water treatment plant and we think we have taken a very detailed look at the costs, and the $194,000 is an annual ownership cost, total cost. The cost to the city will actually be substantially less if an Environmental Protectin Agency grant is obtained. We are in the process of obtaining this grant. If tha is the case, they will pay 75% of the capital costs for the project.'' Commissioner Weisgerber asked if the city has any costs at the present time? Mr. Dowell replied there is no cost to the city because it is being discharged into the river. Commissioner Duckers asked how long the City has to stop doing this? 132 Mr. Dowell explained that according to Public Law 92-500 the point discharges must be brought into compliance by July 1, 1977. "This public hearing is the last hurdle before we can obtain a grant for the design of the facilities. Once the facilities are designed, we will have to go back and apply for construction monies; and if a grant is forthcoming in the near future, there should be no problem of meeting the schedule; however there is always a little more red tape involved and it depends upon how long the Environmental Protection Agency stretches out their review of the project." Commissioner Weisgerber asked about our chances of being funded. Mr. Dowell replied, "It seems as though the City of Salina is in the upper third of the priority list. There is enough money to fund the entire priority list, so the City has a very excellent chance of obtaining a federal grant." Commissioner Duckers asked what problems will be encountered in constructing a pipeline from the present site to the sewage disposal site, as far as obtaining easements? Mr. Dowell explained the pipeline could be constructed across Kenwood and Oakdale Parks, and there would be no problem with an easement there. An easement would be required to reach Indian Rock Park; then there are two possible routes. One would require easements to get up to Lakewood Park; and the other would be to follow the cut-off channel and if that were the case there would be very few easements. "As far as environmental impact of the construction of the pipeline, of course, the construction of the pipeline is an interim thing. It is a short term type of interruption to the natural environment, but as far as obtaining easements, there doesn't appear that that many will be required, particularly for this long of a pipeline, which is something in excess of three miles long." Commissioner Usher asked what size pipeline will be laid? Mr. Dowell explained they are proposing an eight inch pipeline, and this will be large enough to handle the anticipated sludge flows and also permit the use of cleaning tools in the pipe to prevent sludge buildups from plugging the line and to minimize maintenance procedures that need to be undertaken. Commissioner Simpson asked if the EPA grant funds are just for the initial cost? Mr. Dowell said the funds are just for construction. He said another thing which wasn't entirely pointed out is that the recommended plan is a capital intensive plan, in other words, it costs more to build it but it costs a lot less to run it every year, so that is another benefit to the City. "We feel since the government is going to pay 75% of the construction cost, you are saving dollars i the long run to go with the capital intensive project. "One other point that we ran into in reviewing the project is the State Department of Water Resources will review the plans prior to allowing us to go ahead and construct this project, primarily because the proposed site is in the flood plane, it is on the east side of the dike. In some correspondance with the Department of Water Resources they indicated this may pose a constriction of the flood plane; however in looking a little bit closer to the project, there is a railroad track that crosses the flood plane and it is on fill. This is an existing constriction and the construction of the dikes where they are located, we feel that this will not be a new constriction to the flood plane." Commissioner Usher asked about the time schedule for construction. Mr. Dowell said most of the facilities are primarily earth moving activities, and would think 6 to 9 months would be required for construction. Commissioner Simpson asked if the City has title to the 76 acres required, or if land acquisition would be involved. Mr. Dowell replied it would be a land acquisition project. 1X3 s.3 Mayor Caldwell asked if there were any further comments. There was no response. A motion was made by Commissioner Duckers, seconded by Commissioner Simpson that the Public Hearing on the Environmental Effects of the proposed Water Treatment Plant Improvements be closed. Ayes: (5). Nays: (0). Motion carried. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE authorizing the issuance of Internal Improvement Bonds of the City of Salina, Kansas, in the sum of $428,000.00 to pay the cost of curbing, guttering, paving, sanitary sewer and water main improvements in the City, to be designated as Series P-217." A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber that the ordinance be adopted as read and the following vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8450. The ordinance was introduced for first reading August 18, 1975. A LETTER was received from the City Planning Commission recommending the approval of the final plat for the Replat of Block 23, Key Acres Addition, as requested in Petition Number 3478 which was filed by Rev. Wendell Rovenstine. A motion was made by Commissioner Weisgerber, seconded by Commissioner Simpson to accept the recommendation of the City Planning Commission and approve the final plat and authorize the Mayor to sign. Ayes: (5)• Nays: (0). Motion carri A LETTER was received from the City Planning Commission informing the City Commission it had reconsidered Petition Number 3489, which was filed by Darrell Francisco, for the rezoning of Lots 1, 2, 3, and the South 10 feet of Lot 4, and all of Lots 9, 10, 11, 12, 13, 14, and 15, Block 19, Sunset Manor Addition to the City of Salina, Saline County, Kansas, from District "A" (Second Dwelling House District) to District "C" (Apartment House District) and recommend the petition be approved. A motion was made by Commissioner Duckers, seconded by Commissioner Usher to accept the recommendation of the City Planning Commission and approve the petition for rezoning, and to introduce the rezoning ordinance fo first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: THE CITY ENGINEER reported on traffic control for the intersection of Otto Avenue and Hageman Avenue, and recommends the installation of stop signs on Hageman Avenue at Otto Avenue along with the appropriate signing for the two school crossings at this intersection. Mr. Olson commented there is an average of 100 vehicles crossing this intersection an hour & 75% of this traffic is on Otto Street. Both are collector in our street system and this recommendation will put the stop signs on Hageman and permit Otto to be the through street. There are now "Yield" signs on Otto and Hageman is the through street. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to accept the report from the City Engineer. Ayes: (5). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing the designation of Otto Avenue as a through street; authorizing the installation and marking of Hageman Avenue with "Stop" signs at the intersection of Hageman Avenue at Otto Avenue." A motion was made by Commissioner Usher, seconded by Commissioner Duckers to adopt the Resolution as read and the followin vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0 Carried. The Mayor approved the Resolution and it is numbered 3241. 134 COMMISSION AGENDA "DISCUSSION OF CHANGING OF THE CITY COMMISSION MEETING AGENDA AND FORMAT AND TIME." (Sponsored by Commissioner Usher) Commissioner Usher said, "I have been concerned that during the last few months, that perhaps we might not have made some strides we possibly could have because of the too structured kind of meeting that we have, and in view of the open meeting law, I am convinced that the format we are using is too structured. As you all know we used to, in the past years, have the opportunity to visit in the back room and back and forth and talk about different kinds of things that we would like to see done in our community, and didn't feel that we were under any kind of cloud or in any kind of a vacumn; but with the new meeting law that was passed in 1975, open meeting law, I think those days are gone, unfortunately. We are not allowed the opportunity now, under this new law, to do the brainstorming that we, as Commissioners, ought to be doing to give us the opportunity to discuss some items that might help this community to move forward and I think you all will agree we live in changing times, and what was good in 1971 is perhaps not good for 1975. 1 would like to propose that our agenda be changed, not drastically, the only real significant change in the format would be moving the Commission portion to the end. We would start with opening ceremonies, proclamtions, staff agenda, public agenda, and then commission agenda followed by, of course, adjournment. During the commission part of the agenda, I would propose that the Commissioners be allowed to place items they would like to discuss on the agenda by the past time we have been using, which is 5 o'clock Thursday, preceding the Monday meeting, giving the staff the opportunity to respond if it is necessary. The part that I would like to see unstructured is the Commission part where we would have the opportunity to ask questions of our staff and with the idea in mind that we might spring something on them that they really couldn't answer at that particular time; which we would naturally want to defer 'till a later date giving them an opportunity to research the question. In addition to this, I would like to see the Commission part unstructured to allow Commissioners to brain storm or just react between each other and the staff. I think that part of our agenda has to be freed up to give us this chance. By moving the Commission agenda to the end of the agenda, those of you out there who don't want to stay don't have to stay. It could just turn into a reaction between the Commissioners and maybe not have any real needing or information to the public. The public could come and make their questions known and we can deal with them and then they can go on, leaving the Commission to the opportunity to do what I call brainstorming. I would like to, in addition to this, see us consider the changing of our meeting time, our night meeting, return to the four o'clock time. I don't think it is fair, in this day of the energy crisis, to the community and those people who have to come here, the staff and the news media who come here by request, and maybe because they have to. They are on the job at another time during the day, and I think it would be more convenient to them, but more important I can't see the waste of the energy to have a night meeting when it could be done during the day. For example, we have 26 people in the audience tonight, approximately 26, and I know 18 had to be here. There are 8 of you out there that are here by choice. I am not so sure my figures are entirely correct, there might be 20 and 6. 1 present this as a proposal, and I would like to have some reaction from the Commissioners." Commissioner Weisgerber asked, "Bill, clarify one thing. If we move this Commission agenda down to the end, and have it unstructured and by that I think you mean to bring up things that are not on the preprinted or prepublish d agenda, then we get to the matter of the difference between taking a formal action in the form of a motion. As a matter of just discussion, I am guessing you correctly when I would say, that so far as taking a formal action is concerned, we would take that only on the items that had been on the printed agenda and the others for discussion, but not for action, or am I clear on this?' Commissioner Usher replied, "That is right, Jack. I am glad that you saw that. Only those items on the agenda should be permitted formal action." Commissioner Weisgerber said, "So the public, if there is going to be action taken, would have advance notice." 13 Mayor Caldwell asked, "If an item came up that we felt needed to be taken care of by the Board, it could be acted on if we felt that we had to do it.' Commissioner Usher replied, "Well, 1 don't know. That isn't exactly what I said, and I would think that if we were going to change a stop sign or something like that maybe; but I would think that anything that would be of concern and interest to the public, that it would be placed on the following week's agenda to give the public the opportunity of advance notice." Commissioner Duckers commented, 11I can't imagine that those incidents would arise very often where they couldn't be delayed for another 7 days." Mr. Harrison asked Commissioner Usher, "Would this 'brainstorming' supposed to be in the minutes?" Commissioner Usher replied, "There are always problems that will arise, isn't there Don? I would think that in cases where there is the brainstorming going on, unless somebody made a specific request that a note be made of that, that it is a requirement, and we are taping it, so if there was some imperitive need that would arise later on, and had to be in the minutes, we could probably pick it our of the tape." Commissioner Weisgerber asked, "Minutes would be of the formal part of the meeting, would they not?" Mr. Harrison replied, "Yes." Commissioner Duckers suggested, "I would think at the end of the minutes you might say among the items discussed were, and then just list them by title perhaps. There wouldn't be any action taken anyway. 1 don't know how it was back in the 'good old days' when you used to get together back in the back room, but I know since Commissioner Simpson and I have been on the Board, it has been rather uncomfortable because if two or three of you get together and talked about something you felt like really we are not supposed to be doing this, and it is awfully difficult not to and I would like to see some way where we could talk together and not feel like we are breaking the law. After all, what we are talking about is in the best interest of the City of Salina, and if something like this would make that possible, I would be more comfortable with it than otherwise. I am not, I don't think any of us are looking for any opportunity to put anyone on the spot or certainly the staff or each other, in this open part of the meeting, but more or less just be able to talk freely and with those of the media here that want to be, listen in and maybe get a little preview of the types of things we are going to have on the agenda in the future." Commissioner Simpson said, "I think I would share some of those frustrations, particularly just being new on the Commission and with maybe a lot of questions to ask and things to find out, and I would hope, as far as the time change, and of course I really couldn't speak to that because I haven't been on long enough to see what the attendance is at night meetings, that I would agree with you on that, and leaving the possibilities open if there was something that would be of enough public interest would justify a special night meeting, that we would entertain that." Commissioner Duckers commented, "My observation has been that the night meetings, there are no more here, if as many, as there are in the afternoon, of those here that need to be here. It doesn't seem to me that we are drawing a great crowd of those who want to see the Commission in action any more so than at four o'clock in the afternnon. I wouldn't be adverse at all to eliminating the night meeting myself, because I agree with your idea about waste of energy and I am not talking particularly about heat, light and water. I am talking about the 26 people who are here that worked all day long and this could have been into the working day rather than into the evening." 136 Commissioner Weisgerber observed, "One possible difficulty we may run into is that it seems that lately we have had relatively short commission meeting the agenda has been fairly routine, they have gone fairly rapidly, by starting ou meeting at four and doing our talking at the end of the meeting instead of the possibility of doing it before the meeting we may, if we want any discussions in any detail, we may run into a factor on the other end in time. I don't know, we could see how it works out I presume, but earlier in the afternoon I don't know just how that is going to work. It could create a time factor." Commissioner Duckers commented, "There is nothing sacred about four." Commissioner Usher said, "I was going to propose we begin at three o'clock, only if necessary, and I thought if the Commission agrees with what my thoughts were we could try it and then see how time went, and if it requires an earlier starting time we can do that. I don't think four o'clock, like you said, is a sacred time." Mayor Caldwell said, "I think it is ample time not to break up a full afternoon. Considering both sides." Commissioner Usher commented, "Considering people who have to take time off, I don't think they would lose much time, probably an hour at the most, and I can't conceive of any employer in the City of Salina, that wouldn't allow somebody off an hour in advance to come to commission meeting if the person reall had to be here." Commissioner Weisgerber said, "We could move it up even half an hour, or we can leave it at four and see how it goes. If nobody is in too big a hurry to get home and eat, it doesn't matter if it would go later." Commissioner Duckers said, "I discussed with most of the people of the various media in Salina their feelings on this, and I think that since they are the most regular attenders that should be a consideration, and every single one of them thought it would be great not to have another evening meeting. They have enough of them already, and this might be a possible consideration. They do carry to the public, the actions of the Commission." Commissioner Simpson asked the City Attorney, "Doesn't State Statute allow some area of discussion, legal problems, land acquisition, or personnel problems?" The City Attorney explained, "For these items you would adjourn to an executive session." Commissioner Usher said, "That is what is says, and it is clear. Close or executive meetings when, no binding action, upon formal motion made, seconded, and carried, all bodies subject to this act may recess to a specific specified time; so I think if I read this right, even in the future, if we have those who approach us with the idea of Industrial Revenue proposal that will have to be at the time of the meeting and we would then have to recess, make the discussion in the back room, then come back out here, if we felt we ought to make a decision then we would have to make it at that time, so even that part has to change under this law." Mayor Caldwell asked for comments from the audience. There was no response. A motion was made by Commissioner Usher, seconded by Commissioner Simpson that the City Attorney be instructed to prepare the Resolutions to amend those regarding Commission meetings, change the format as suggested, and in addition change the fourth meeting of the month back to four o'clock to eliminate the night meeting. Ayes: (5). Nays: (0). Motion carried. 1.3 r "DISCUSSION OF SALE OF BUILDING ON WEST CRAWFORD STREET OWNED BY THE CITY". (Sponsored by Mayor Caldwell) Mayor Caldwell said, "I think two years ago, and maybe less, we had these sealed bids on this particular building, and at that time it didn't come up to the appraisal of the building, so we didn't sell it. It has been called to our attention in the last year or so, that someone would still like to have the building. Two or three people have asked about it, so our reason for bringing it back up here today is to see if we want to go this way for sealed bids or whether we would like to auction it or if we want to sell it. Now we do have a proposal for it at the present time. We were going to use it for the Drug Abuse program, but that fell through. The building has had some renovation and I think we should get some appraisals on it and set it up for bid or auction. What are your pleasures?" Commissioner Simpson asked about the last appraisal date. Mr. Harrison said the property had been for sale by sealed bids on November 19, 1973. Bids were received in the amounts of $2,125.00, $1,530.00 and $504.00. Mayor Caldwell said, "As I recall, there were two appraisals, One was around $2,200 or $2,500, and one was $4,000." Commissioner Duckers asked what the building had been used for and when it was last used? Mr. Harrison replied it had been used for a voting place until about five years ago. Commissioner Weisgerber asked, "If we would sell at auction, do we need an appraisal in order to do this?" The City Attorney replied, "You would not need an appraisal to sell at public auction; however you might want to set some kind of a minimum bid which you would accept because you wouldn't want to take the chance of possibly only having one person there and making some extremely low bid and be obligated to sell it. I think if you did, you probably ought to set a figure that no bid would be accepted for less than so many dollars, and go from there." Commissioner Usher said, "I think we ought to get rid of it and I am kind of in favor of having an auction and see if we can't unload it because it has been sitting there for umpteen years, it is not even on the tax rolls, whatever tax it might generate. At least we have lost that much. We had to put a new roof on it in anticipation of the care line, the deal on which fell through " Commissioner Simpson asked if any other governmental agency expressed any interest in the use of the building? Mr. Olson replied none had expressed any interest. Commissioner Usher said, "There is no parking available there at all, and that really is a draw back for it, for anybody to use." Mayor Caldwell asked if there is any further discussion. Commissioner Simpson asked if it is by ordinance to sell city property. The City Attorney explained, "The commission would pass a resolution that you are wanting to sell it by public auction, and direct the Manager to give notice as to the time and place, certainly you would want to advertise it and make arrangements with an auctioneer. I think if you would adopt it as your desire to sell it, you could instruct us to prepare the necessary resolution and come back with it to be put on the agenda." A motion was made by Commissioner Simpson, seconded by Commissioner Duckers to instruct the City Attorney to draft the required resolution authorizin the sale by auction, of certain real estate owned by the City. Ayes: (5)• Nays: (0). Motion carried. 138 PUBLIC AGENDA A LETTER was received from the Urban Renewal Agency, requesting the consideration of the development plan of the Kansas Power and Light Company for Block "B", Northeast Industrial Park. A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to accept the letter from the Urban Renewal Agency and approve the plan. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Duckers, seconded by Commissioner Usher that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. D. L. Harrison, City Clerk