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11-12-1973 MinutesCity of Salina, Kansas Regular Meeting of the Board of Commissioners November 12, 1973 The Regular Meeting of the Board of Commissioners met in the Commissioners Room, City -County Building, on Monday, November 12, 1973, 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 Jack Weisgerber, Chairman presiding Commissioner Robert C. Caldwell Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. Commissioner•W. M. Usher comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: None Mayor Weisgerber called for approval of the minutes of the Regular Meeting of November 5, 1973. Commissioner Losik asked that the minutes reflect that the motion regarding issuance of the Industrial Revenue Bonds indicate that he asked the City Attorney directly, and the City Attorney answered,"that in our agreement with the individuals that there was definitely in lieu of taxes payment," and that was omitted. (Page 2, last paragraph) The Minutes of the Regular Meeting of November 5, 1973 were approved as amended. THE MAYOR PROCLAIMED November 15, 1973 - "RUN FOR FREEDOM" day in the City of Salina, Kansas. The proclamation was read by Mrs. Camie Pugh, Co- ordinator of the National League of Families of Prisoners of War Missing in Action. STAFF AGENDA AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE creating a Human Relations Commission and defining its duties and powers; prohibiting discrimination because of race, sex, color, religion, national origin or ancestory in employment, housing and public accomodations and providing remedies and penalties for violation thereof; amending Article VIII of Chapter 2 and Chapter 11 1/2 of the Salina Code and repealing said existing Article and Chapter." Commissioner Losik asked about the change in the definition of "employer". The City Attorney replied the paragraph can be amended by striking "in full time capacity",and by doing so, it would be consistent with State Law. Mayor Weisgerber asked Rev. Jones if this change is satisfactory with his committee. Rev. Jones replied that it is. A motion was made by Commissioner Losik, seconded by Commissioner Usher to amend Section 16 A - 2 (b), the definition of employer by striking "in full time capacity". Ayes: (5). Nays: (0). Motion carried. Mr. James Briscoe told about a meeting on November 10th, which was attended by 25 members of several interested organizations. He presented 10 affidavits to Mayor Weisgerber of people who are in agreement that the Section 16 A - 3 be amended to specifically insure that members of the minorities will be appointed to serve on the committee. Commissioner Caldwell asked if the ad hoc committee had this working draft at the time they were drawing up the ordinance? Mr. Briscoe replied they had the entire working draft. Commissioner Losik asked Rev. Jones, "What is your committee's feeling on this?" Rev. Jones replied, "As far as I know, the committee hasn't changed. If they did, they didn't notify me. We are not protesting anything the Commissi would like to do, we are saying this is the way we felt the bill should be presented, and we presented it. We have no power to advise you whether to chang it or not. The committee consulted bills from several cities, and we also read the guidelines sent down from the State of Maryland in creating a Human Relation Commission. The ordinance has in it portions of what they recommended. It is i your hands, and you can act on it according to your best judgement." Mr. Les Grady, a member of the ad hoc committee, said, "We felt by putting this in the ordinance would be telling the Governing Body how it should be done." Commissioner Usher asked Rev. Jones if the Kansas Civil Rights Commiss has looked at this ordinance. Rev. Jones replied, "I am quite sure they did. Mr. Lopez was mailed a copy of the ordinance." Mr. J. Q. Rodriguez, a member of the ad hoc committee, said, "I personally feel there was no intent of the committee as an oversight. I think it was the intent of the committee to have it where it was a feeling that this type of thing would transpire, and the reason I signed one of these affidavits is because the Community Relations Commission ordinance states membership of that committee shall consist of 5 members drawn from diverse segments of the Citizens, which means simply, black, or brown, or whatever; and I feel Mr. Bris request is not too far out of line, and it would be something good for the City of Salina, and it would totally solidify that ordinance." Mr. Ron Kizer, President of the Black American Citizens Organization Of Salina, said, "We are one of those groups who have met, and we have worked foz a considerable time to get such an ordinance adopted. We are very gratified that we have reached this point; however we are concerned about the selection process. We recognize the fact that some people feel we are trying to tell government what to do; that is not our intention. Perhaps it doesn't read as well as it might. We have a vested interest in seeing minority persons serving on the board, that is fairly obvious, also we recognize the need for a vast cross section from Salina. We are seeking to have some input to be able to provide to the Commissic some suggestions of persons who are not only interested, but are more than willir to serve on the board. We felt that it would serve the ordinance well if there was a more formal situation in which outside groups could have some input into the selection of the Commission. We are hoping you will consider our good intentions, because we mean no offense to the Commission or your judgement, but we are speaking to add our support through that amendment in some way." Commissioner Losik commented, "The only thing I take issue with is that we are being told who to appoint and how many. We, as a Governing Body, have no say as to even a representative we may want to appoint. Perhaps the word 'shall' should be replaced with the word 'may'. This would do the same thing and still give everybody the leeway. In the first paragraph: "three of the members shall be appointed from names submitted to the Mayor by significant ethnic or racial minority organizations." What happens if you submit just three names. We have no choice, we have to appoint who you told us to appoint. This is the controversy." 's I 1 1 1 Mr. Kizer said, "This could be referred to the City Attorney as to the legalities. We are seeking consideration of some sort of format so we can have that input." Mayor Weisgerber commented, "The way this is drawn is probably illegal. According to our State Laws this Commission has to have the freedom of appointment It may be possible to say that 3 or 4 of the minority races will be represented o� it; but aside from naming this as a categorical situation, we have to have the freedom to act on a suggestion." The City Attorney said, "This is correct. You cannot delegate this power to have someone tell you who you should appoint. In the ordinance you could provide that the commission consist of seven members, at least three of which shall be members of the minority or various ethnic groups. This could be done because we are safeguarding what they want. They want representation of at least three members on this commission, and this could be done." Mr. Briscoe said, "I think what we are each saying is that we want it spelled out in black and white." There was considerable discussion about the appointments to the ad hoc committee. A motion was made by Commissioner Caldwell to amend Section 16 A - 3 to read: "There is hereby created a commission to be known as a Human Relations Commission. Such commission shall consist of seven members at least three of whom shall be members of significant ethnic or minority groups within the Community." Commissioner Cooper seconded the motion. Rev. Jones commented, "We are interested in getting the bill passed. The guidelines for the creation of a Human Relations Commission says the members of the commission shall include a cross-section of people. While the membership be representative of many races, religions, civic and private groups, they should be entirely independent of these groups and selected after consultation with the community. Extreme care should be given to the selection of the minority members, choosing the minority members on the basis of their acceptability to the majority will not work. Minority members should be widely respected by and have a followir among various segments of the minority community. It is becoming increasingly necessary that the minority leadership be representative of the most deprived, the least articulated citizens, and know intimately their problems, and it goes on to tell about the numbers. Now the reason we didn't insert it in the bill, we consulted others and after looking at this, we felt the Mayor and the Governing Body should appoint them. I think that was the intent of the entire committee at that time." Commissioner Caldwell asked Rev. Jones if he approved the wording to amend the section. Rev. Jones replied he did. Commissioner Caldwell asked Mr. Briscoe if he approved the wording to amend the section. Mr. Rodriguez said, "There was no intent of the committee to avoid this situation, but due to the guidelines that are stipulated by executive mandate concerning use of the Federal Government Revenue Sharing that this cross section be represented. I think this would be a blessing in disguise to avoid any conflic at any future date." Mrs. Etta Langshaw, a member of the ad hoc committee, was present and spoke about the work of the ad hoc committee. Commissioner Usher asked Mr. Briscoe if this amendment is all right with him; and then asked if there is anybody who doesn't agree with this amendment There was no response. 1 �I 1 Commissioner Losik brought up another question, "along these terms on these appointments, 'the term of office of each member of the commission shall be for 3 years, and until his successor is qualified'. Who will determine that he is qualified and what are the qualifications for the successor?" The City Attorney explained that, "Normally the qualification•is the acceptance by the member that is appointed. If he says, 'no', then he doesn't qualify." Commissioner Losik commented, "Just so that is clarified." Mayor Weisgerber called for a vote on the motion to adopt the ordinance as amended, and the following vote was had: Ayes: Caldwell, Cooper, Losik, Usher; Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8317. The ordinance was introduced for first reading November 5, 1973. Mr. Briscoe said, "I think Salina is lucky because it has a lot of people who support this. There are a lot of people interested in this ordinance, and there has been a lot of work done to organize the people." Mayor Weisgerber commented, "We will want to appoint this committee as quickly as possible and individuals or organizations who have suggestions of names of people they would like to see on this committee, should submit them as quickly as possible, either to the City Clerk's Office of the City Manager's Office." Mayor Weisgerber also thanked the ad hoc committee for their very fine job. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE authorizing and directing the City of Salina, Kansas, to acquire a tract of land in Saline County, Kansas, together with the existing improvements thereon, for industrial development purposes; authorizing the payment of the cost of improving, enlarging, constructing and equipping industrial facilities thereon; authorizing and directing the issuance of $265,000.00 principal amount of industrial developm( revenue bonds of said City for the purpose of paying the cost of purchasing, improving, enlarging, constructing and equipping such industrial facilities; prescribing the form and details of said industrial development revenue bonds; providing for the collection, segregation and application of the revenues of such facility for the purpose authorized by law; pledging said facility and the revenue from said facility to secure such bonds; providing for a trustee and prescribing the powers and duties of such trustee; and prescribing the form and authorizing the execution of a lease and agreement by, between and among said City as landlorc The Hill Company, as tenant, and Connally Implement Supply Company, Inc., as guarantor." A motion was made by Commissioner Usher, seconded by Commissioner Losik to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8318. The ordinance was introduced for first reading November 5, 1973. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the vacation of a portion of Mercury Avenue within the City of Salina, Kansas." (Requested in Petition Number 3370 which was filed by Wallerius, Inc.) A motion was made by Commissioner Usher, seconded by Commission( Losik to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8319. The ordinance was introduced for first reading November 5, 1973. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Zoning Ordinance Number 6613 and the Zoning District Map therein and thereby adopted and providing for the rezoning of certain property within the City and prescribing the proper uses thereof." (Rezoning of Lots 181, 183, 185, 187 on Fifth Street, Original Townsite) A motioi was made by Commissioner Cooper, seconded by Commissioner Caldwell to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8320. The ordinance was introduced for first reading October 29, 1973. s t THE CITY COMMISSIONERS reconsidered a letter from the Metropolitan Planning Commission concerning Petition Numbers 3320 and 3321 which were filed by Mr. Gerald Knowles :For annexation and rezoning of a tract of land in the SW14 of Section 19-14-2. (Tabled at the October 15, 1973 meeting) Mayor Weisgerber commented this ground has been pretty well plowed in the past, and asked if there are any further comments on it. Mr. Jim Torrey was present and re -stated his position that the petiti should be denied. Mr. Gerald Knowles said, "I really don't have any comments, as you said we have plowed it pretty well in the past. I am really going to leave all my comments to Rosetta Ogborn. I do feel and I think this should be brought out at this time, I have been accused of being a developer and I need to sell the land. I do want to point out one thing, we have already agreed that Dr. Mathis is going to buy the land anyway, so the thing that I want to point out is I am still here because I feel, for the good of the community and to keep the city on the move, that this should be approved. The rezoning amendment should be approved." Mrs. Rosetta Ogborn said, "It would seem to me that there should be nothing left to say. It has been talked over at much length, but ladies and gentlemen, the land plan as such is out now, and -much of it is as it was before, and I think you will agree that the plan has not been accepted by the public and may not be in the form that it will be in; but I feel there must be a decision made on this property today. We are asking you to consider that the Metropolitan Planning Commission has passed this twice, both times with only one vote against it. As I understand their guidelines, this says that it is compatible with the land use in the area. I understand that other factors need to be considered, and I feel sufficient time has been allowed for that by now. These guidelines are set up for the use of land and it is my understanding that a medical clinic fits with the land use in this area, and also the Commission has no other choice but to accept it now. I have been privileged to live in Salina a goodly number of years. My husband, Don, and his father, Elmer, have been in the construction business in Salina for more than 30 years. We have supported Salina in good times and bad. There have been times when Salina gets broad-minded and improves, and there have been times when it slips into a rut of little mindedness and then we don't go anywhere. Do we really have a city on the move? We have given the protestors an open invitation to come and see what was planned in this area and to ask questions about what was to be there, and so far we have not had one take us up on this. To me that seems that they are saying that they don't want it, whatever it is. Unless they have something more concrete to offer, I suggest a decision cannot be made upon that. It is my understanding that the Commission needs to consider the good of the City as a whole, and I think if Mr. Marshall didn't make a clear statement about the tax base a week or so ago, then we need some training in business management. We work like mad to get industry to come from out of town, but we can't get people who live here to support Salina. Ladie. and gentlemen, according to the rules of the game, this proposed use fits in this area and I humbly ask for a decision today, to that effect." Mr. Virg Lundberg commented, "I am one of the major property owners affected by this, and there are two things that the opposition have consistently preached and one I would like to bring up right now is that somebody said there are enough doctors in Salina. I was interested enough to check. Forty percent of the medical treatment comes from outside Saline County. We are a medic center and therefore I think this is quite an ambiguous figure. Secondly I hate to brim. in the future land use plan into this, there is a large area indicated in this general area, and I am not speaking for any other thing except that it is indicated as residential. I did check with one of the people who has been very influential in putting this future land use plan together, a medical clinic fits with the land use in this area. If any of the opposition talk about housing tonight in this area, they must consider first, if they have an FHA loan, they ar asking for something across the street that is impossible at this time." Mr. Jim Torrey was present and re -stated his position that the petiti should be denied. V Dr. Jerry Mathis commented, "First, if I had known Salina is as backwar as it is, I would never have come here. Second, this land right now, and I think Mr. Torrey needs to get that straight, is not residential, it is agricultural, and I have already bought it and I might decide to put a pig farm over there. I also feel, unless I request rezoning for residential, it will never be zoned residential, so I don't know how you feel that the City is going to make us make it residential. Now I feel I have asked for a good thing for the City of Salina, and that is number one. As a physician I think I should be well aware of what kind of shortages there are in Salina. I think that any person here today that would like to call an Ophthalmologist's office in this city will not get an appointment for about one year. I think that any of you who have small children will not find a pediatrician who will take care of your children, period; because they are not taking new patients. The general practitioners are over burdoned right at the present time. I think it is absolutely foolish to say that there is not a shortage of doctors in Salina right at the present time. Second of all there is no office space available in this city right now other than the United Building and that is where I happen to be. I think there are a lot of problems there. The rent is too high and the building is poorly maintained. Parking is horrible and I think if we are going to draw new professional people to this town office space must be available and at the present time there is none, and I have taken this upon myself to help, to do what I could to help the City of Salina, not myself, by being able to find a place that there would be enough land available that if professional people really want to come to Salina, there could be a building built for them. I think it is also true, to expect the ones that are here to stay for the next 25 years because some of them are 60 years of age. I think if you will also look at the State of Kansas, you will find statistically that the average age of a physician in the State of Kansas is 57. I think you will also find if ,you go to the KU Med Center, that you will find over 60% of the fellows that are trained, regardless of what he is trained in, are not staying in the State of Kansas. Now that speaks well for the State of Kansas, is all I can say. When 60% of the physicians are trained here go to some other state, then there must be something wrong with this State. I call it conservatism. I call it feeling that people can't take anything that is new. They can't take anything that is different. If I thought for one moment that what I was doing out on South Ohio would devalue somebody's property, demoralize this city, I wouldn't be out there asking for rezoning. Now if I thought something was demoralizing, that what I first said, I would put a pig farm over there and right now I could do that and the City Commission couldn't prevent me from doing it, because the land right now is in the County. It is not in the City of Salina. So I am saying that to me is demoralizing and I am not intending to do that. I am trying to add an addition to this city that I feel would be a valuable asset. I think if anyone would check, they would find that education and health care are the number 1 and number 2 industry in this city, as far as salary and jobs. We employ the most number of people right now, is either education or health. Now if you want to help destroy it, one of the best industries you have, then you vote 'No'." Commissioner Usher moved to accept the recommendation of the Metropolit Planning Commission and approve the annexation and rezoning of the tract of land in the Southwest 4 of Section 19-14-2. The motion died for the lack of a second. Commissioner Losik moved to reject the recommendation of the Metropolit Planning Commission and deny the annexation and rezoning of a tract of land in the Southwest 4 of Section 19-14-2. The motion was seconded by Commissioner Cooper. Ayes: Caldwell, Cooper, Losik (3). Nays: Usher, Weisgerber (2). Motion carried. A LETTER was received from the Metropolitan Planning Commission recommending the approval of the final plat of Interstate District Southwest of I-70, as requested in Petition Number 3290, which was filed by Mr. C. L. Clark. A motion was made by Commissioner Usher, seconded by Commissioner Losik to accept the recommendation of the Metropolitan Planning Commission and approve the final plat of Interstate District Southwest of I-70. Ayes: (5). Nays: (0). Motion carried. fl 1 1 THE CITY ENGINEER reported on Petition Number 3372, which was filed by the Kennedy School PTA, for stop signs at the Otto and Hageman intersection, that "both Otto Avenue and Hageman Avenue are considered collector streets. Some time in the future, when the area is more developed, there will probably be a warrant for stop signs on one or both streets. At this time, however, stop signs at this intersection would be premature. These signs would cause unnecessary starting anc stopping and could lead to disrespect for all traffic control; and this department recommends denial of Petition Number 3372 for stop signs". A motion was made by Commissioner Cooper, seconded by Commissioner Losik to accept the recommendation of the City Engineer and deny the stop signs. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the Metropolitan Planning Commission recommending the approval of the rezoning of 11.11 acres in the Southeast 4 of Section 26-14-3 from District "A" (Second Dwelling House District) to District "D" (Local Business District). (Rezoning of a 25 acre tract was requested in Petition Number 3354 which was filed by George Wallerius) Mr. Wallerius was present and stated he had asked for 25 acres, but the 11.11 acres would be all right at the present time. A motion was made by Commissioner Losik, seconded by Commissioner Usher to accept the recommendation of the Metropolitan Planning Commission and approve the rezoning of 11.11 acres in the SE -4 of Section 26-14-3 and introduce the rezoning ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: THE CITY ENGINEER reported on the removal of portions of the median in the north half of the 400 Block of South Santa Fe Avenue to allow left -turn movements. (Request from Weeks, Inc., for removal of the median to allow south bound traffic access to their north parking lot; and a request from the Saline County Ambulance Service for removal of the median to allow left -turn movements at the emergency entrance at Asbury Hospital). The City Engineer recommended the removal of sufficient median to allow left -turn movements at both of the locations and after the removal, the center line of the 400 Block of South Santa Fe should be painted with a double yellow line. This would allow the left turn movements, but would prohibit passing movements in these locations. A motion was made by Commissioner Usher, seconded by Commissioner Cooper to accept the recommendation of the City Engineer and approve the removal of the median. Ayes: (5). Nays: (0) Motion carried. COMMISSION AGENDA "REFERENCE TO PRESIDENT NIXON'S ADDRESS AS PERTAINS TO THE FUEL AND ENERGY CRISIS: 1. Discuss and decide whether the City should take the initiative and voluntarily implement the controls outlined by the President." (sponsored by Commissioner Losik) Commissioner Losik said, "I think we all heard the President. We know what the problem is. We also have copies of telegrams that were sent all the way down through, including one to you, and in part the President has asked for regarding the speed limit, but then I think there are other areas too that in addition to this, and until such time as they get the legislation cranked in, but since his speech, we felt and heard the seriousness of what we had worked on here just a couple of weeks prior to that was the fuel shortage. Now when I mention fuel, of course we are talking about the fuel needed to operate our equipment and our vehicles and operate our city, now the heating factor. I want to separate those two because when we talk about energy that includes a multitude of sins. Now we already had encountered a problem here in the city on the gasoline shortage and I think we turned around and immediately recognized that we also recognized at that time, and frankly I don't think any of us really felt or realized the seriousness of it and we made arrangements to give the City Manager some additiona authority to help us acquire fuel. Now even fuel, as such, was not in short demand to the city from the sources available to us, the sources we had contracted for couldn't deliver, so in keeping with this we permitted him to buy fuel where ever he could and to keep us posted on this. So now we are being told, and the last news report I heard it is very strong, that the first report said that it is Possible we will have gas rationing after the first of the year. Now the last one that I heard was it is possible we might even have it by the end of this year, now VJ if this is true we are talking about 45 days from now. In the meantime, I know the news media has surveyed the various levels of government to get their ideas on this thing and they all have different concerns and of course I think everybod in general was concerned, it was just a matter of what we can do. Now I think th City Manager brought out, true, there are certain things in this community that w must provide; now we are going to have to keep our health, our safety, the health portion of it being the trash pick-up, the safety of course the police, we need t have street lights because if we eliminate street lights we are encouraging crime and this puts another burden on the police. So there are some basic items that w are really locked in on, that we can't do much with; but along those same lines there are other items, chances are the staff has already started to work on and I would just like to bring them up to see if they are. I believe they are, but these are ideas that we should honestly do some good in. Now vehicle utilization is one of the items I had on the agenda 2 weeks ago, we didn't get to it, we didn't expect to, cause we wanted to resolve the fuel source first; but I think we should take a hard look as to whether the number of vehicles we have within our departments are excess to our needs. Now I know when I say this everybody is going to jump up and say, 'heck no we are short'; well when you are going into an austerity program which if this rationing comes up we are going to have to loo] at this there may be some of us have to take to bikes and walking, I don't know. Can we use smaller or more economical, compact type of vehicles to replace the ones we presently have in use when the replacement time arrives? This is somethii we might look at too, and are we assigning our vehicles on a 24 hour dispatch to individuals whose normal duty hours are 8 to 5; true, occasionally these people do get called out, but would this be a savings? I think, too, from the standpoint of public awareness now, which we are going to have to have all the support from everybody, because when I, as an individual, can't go out and can't get gas or something is taken away from me, that I am paying taxes for, I am going to look and see what our government is doing. I might not be able to do anything about it, but I can sure recognize some of the things. I would wonder, with the exception of the vehicles in the Police Department which are required to be unmarked, if the rest of our vehicles shouldn't be marked as city owned vehicles. Now you say this won't save us any gas, perhaps it won't, but at least the people will know where our city owned vehicles are and they will know they are there for a reason. Now sometimes I think we go ahead and get ourselves caught by hoping we can keep the vehicle in the inventory for two or three or four years and get an X number of miles out of it. This is good logic, but in many cases everybody knows that a piece of equipment, on occasion, is bad when you get it and it will dollar you to death so from that standpoint it might be an idea to look at it from the maintenance cost and the operating cost of that vehicle. It might be better for us to get rid of it earlier than what we normally would by hanging on to it for two or three years. Now I think if all of these things are being looked at, I think if you can get the jump on it, should this shortage come up to the degree that it is anticipated, we are way ahead of the game so that when we do have to ask our citizens and our taxpayers to be deprived or cut down on some of the services that we may have to give them, I think they can honestly feel a little inconvenience, but they know that it is a legitimate thing we are asking them for. So along these lines, again, I hope nobody construes this to think there is misuse, or anything. These are just ideas that all of us look at, that when it is belt tightening time there are three notches and we are trying to get down to the last notch. So in keeping with that I know if we ask each other these things I would hope that from the rest of the Commissioners, from the staff, that we all ask each other these things openly knowing that we might be inconveni but it is in the good interest of the community. The collective input will help us get over this stuff and it will come to us, and this is the reason I brought i up, not to jump on the President's band wagon or, that gee this is a popular thin I guess I don't know if it is fortunate or unfortunate but we recognized it two weeks before it became a National issue to us, and told to us Nationally; so I would hope we would continue jumping the gun on these things and taking whatever action we can so when we do have to cut back, everybody knows we have done it reluctantly, and only after we were backed into the corner and had to. This is the general jest of it Jack, and again I repeat I am not and I don't want anyone to get the opinion that we are not operating economically, under normal operating conditions, this is, but we are going into a what is not a normal situation." J Mr. Waite commented, "We are talking about 2 areas of concern. The first to the majority of the people is the natural gas. This seems to be where the people have the biggest question. The majority of the businesses and homes are heated with gas, and our attitude is, we feel we have adequate supplies of natural gas for our firm customers, and the concern has come up both as a National issue and a local issue because we have limited some quantities we have made available to new industrial customers that have wanted to come to the City. This we have done as a protective device to our firm customers; we are refering to residential and commercial type customers. We think this Winter we have adequate supplies, and projected for several years, we feel adequate supplies. Our large industrial interruptable customers will probably experience about the same Winter as far as the minimum days interrupted this year as they did last year, based on the severity of the Winter. If we have a real severe Winter in lieu of Spring, possibly more days will be affected; but our firm customers should not really be concerned at this point because as a utility we are charged with the responsibili y of furnishing these utilities to these people, and we anticipate further ahead than just this Winter. So that kind of covers our stand on natural gas, and I'll move on to electricity unless there are questions. Our electricity comes from four basic points, Lawrence, our Tecumseh station outside Topeka, Abilene and Hutchinson. Our eastern stations, and in Lawrence particularly, we burn some natural gas and some fuel oil, but a majority of the production is in coal. We have supplies on hand at those plants that would take us well into next year. We have contracts, of course, for coal to come in there, but at that particular station we are at the federal standards on our pollution control system. As far as plant capacity, which is one side of the coin, our Summer peak, which we are well capable of serving as far as plant capacity is better than twice what our Winter peak is, so basically we could run on a portion of our plant, one half of our plant capacity of peak Winter times. As far as the plant, we are in good shape, excellent shape, this Winter. The other side of the coin is that the fuel which we are concerned with here - like I say a majority of it we will burn is coal, we will have some natural gas except in the extreme portions of the Winter that can be burned at our western stations, Abilene and Hutchinson. We also have several million gallons of fuel oil in storage and contracts for additional fuel oil too, if we need it this Winter; so we feel we are in good shape, as good shape as in the past. We don't know what the fuel allocation would be would we need more fuel oil through something coming up. But it is our understanding that electric generation would be one of the priority items to receive fuel oil should we need it. Our coal supplies are here in Kansas and we have got coal coming in all the time and we do have a large stockpile, so we don't feel there is any problem as far as having a normal Winter on our electricity, or gas, for that matter." Mayor Weisgerber said, "We have received a telegram and a mailgram, both from Nixon about this, and as Mike stated in his statement, he said 'Nixon's address pertaining to the fuel and energy crisis.' I have had several calls and several people have talked to me that are concerned not only about this gasoline or diesel or propane fuel, which is going to be the most critical, they have also had questions if the city hall is going to turn down their thermostat to 60 or 65 degrees but are you going to pass an ordinance to prevent the use of electricity in the advertising signs downtown and other questions which extend into the natur gas consumption for heating, and also the use of electrical energy. We should tr to communicate to the people where we are in these 2 fields. The telegrams and the communications we got from the President stresses the 50 miles per hour speed and for various reasons we are not going to change the speed limits within the City of Salina to 50 MPH, but as a city we are not outside the city limits too much and this would apply more to county and state agencies on that speed limit, but it would apply to us when we do have occasion to get out of the city limits and it would certainly apply to all the citizens of Salina to try to cooperate with this, but I wonder, and I don't mean to put the power and light company on the spot but conditions do vary from one part of the country to the other, and where fuel is and where electric power and how electric power is made. I thought I understood, up until today, that Kansas Power and Light made all of their electric power with coal. I find that they make a great percentage of it with coal, but not all of it. Mr. Steven Waite, the local manager of the Kansas Power and Light is here. Do you have any comments?" Mr. Waite commented, "We are talking about 2 areas of concern. The first to the majority of the people is the natural gas. This seems to be where the people have the biggest question. The majority of the businesses and homes are heated with gas, and our attitude is, we feel we have adequate supplies of natural gas for our firm customers, and the concern has come up both as a National issue and a local issue because we have limited some quantities we have made available to new industrial customers that have wanted to come to the City. This we have done as a protective device to our firm customers; we are refering to residential and commercial type customers. We think this Winter we have adequate supplies, and projected for several years, we feel adequate supplies. Our large industrial interruptable customers will probably experience about the same Winter as far as the minimum days interrupted this year as they did last year, based on the severity of the Winter. If we have a real severe Winter in lieu of Spring, possibly more days will be affected; but our firm customers should not really be concerned at this point because as a utility we are charged with the responsibili y of furnishing these utilities to these people, and we anticipate further ahead than just this Winter. So that kind of covers our stand on natural gas, and I'll move on to electricity unless there are questions. Our electricity comes from four basic points, Lawrence, our Tecumseh station outside Topeka, Abilene and Hutchinson. Our eastern stations, and in Lawrence particularly, we burn some natural gas and some fuel oil, but a majority of the production is in coal. We have supplies on hand at those plants that would take us well into next year. We have contracts, of course, for coal to come in there, but at that particular station we are at the federal standards on our pollution control system. As far as plant capacity, which is one side of the coin, our Summer peak, which we are well capable of serving as far as plant capacity is better than twice what our Winter peak is, so basically we could run on a portion of our plant, one half of our plant capacity of peak Winter times. As far as the plant, we are in good shape, excellent shape, this Winter. The other side of the coin is that the fuel which we are concerned with here - like I say a majority of it we will burn is coal, we will have some natural gas except in the extreme portions of the Winter that can be burned at our western stations, Abilene and Hutchinson. We also have several million gallons of fuel oil in storage and contracts for additional fuel oil too, if we need it this Winter; so we feel we are in good shape, as good shape as in the past. We don't know what the fuel allocation would be would we need more fuel oil through something coming up. But it is our understanding that electric generation would be one of the priority items to receive fuel oil should we need it. Our coal supplies are here in Kansas and we have got coal coming in all the time and we do have a large stockpile, so we don't feel there is any problem as far as having a normal Winter on our electricity, or gas, for that matter." G 1 'I 10 Commissioner Usher asked, "We hear a lot about turning the thermostat down, are you advocating this?" Mr. Waite said, "We don't feel like it is our position to advocate or not, we know by experience that basically if you turn it down 30 you could probably save 5% on the utility bill, and each 3° you go down, you save approximately 5%. People in general get used to this kind of thing. We certainl are not opposed to it, but as taking a position on it, we have not. Our main thing and the thing we want to do is be sure people have adequate supplies to take care of their needs. Now as far as economizing, I think this is something that should be." Commissioner Usher said, "There is one comment made down at Topeka and regarding the fuel shortages, natural gas for one, part of the problem was transportation. Some areas have a lot of gas and fuel oil and other areas didn't have it; so it would be a question of moving it from one part to another part of the Country. Now you say you have adequate supplies of natural gas and you foresee no shortage. What if Uncle Sam wakes up January 1st and says Kansas you've got too much gas, you are going to have to let Minneapolis, Minnesota have it, or have a part of it. Is this a possibility?" Mr. Waite replied, "I suppose it is. I am not really qualified to say on that." Commissioner Usher said, "Well this is the point I think needs to be made, and needs to be gotten across to our community, and any community, is the fact that we definitely have got problems someplace. Maybe not in Salina, Kansas and if they continue, even though we are sitting here fat, dumb, and happy, we may wake up on the 15th of January with a cold house, because they have decided to take this somewhere else, so as a community I think we have to get behind this and as a city I think we should start conserving in some ways and this goes to saving on lights and fuel." Mayor Weisgerber commented, "I think what Mr. Waite is saying, in a way is, that if we choose to use this gas this Winter and keep our houses hotter and all. We could do it probably without problems. I think though you might also be leaving the door open a little at that, because if we look at this long range, I believe in my conversation with you, you said the pressure at the well heads is gradually decreasing as the years go by so if we want to conserve some of this for the future, however many years we may be looking down the road then if we begin to be a little more conscious of the heat we are burning now, we are going to have a little more to use in the future somewhere. Certainly it will conserve a very valuable product for future use." Mr. Waite replied, "We have never advocated wastefulness as a utility. If you go back to our ads and promotions and advertising in the past, we have always promoted insullation of houses, proper insullation of houses, and proper weather stripping and things like this and these are the points where you really make a great saving, where you really economize. The question you throw in Bill, what happens if the Federal Government intervenes, that is someting we would just have to deal with. Our interruptions we have to our industrial customers basically are based on the capacity of the transmission system at the peak hour, so certainly transportation would enter into that thing, and we could, through ou: system,on a peak day,supply gas to somebody else if they more or less take over the system and say you will operate it this way. That certainly could change the situation. The Federal Power Commission has not taken that kind of attitude in the past. We have been more ruled by the Kansas Corporation Commission with input into the Federal Power Commission on this type of thing." Commissioner Losik commented, "What you brought up there was one of your company officials made this statement that KP&L could maintain the service to their customers they had, providing there is no change in their source or ability to get the fuel, this was the statement I heard on the radio, and this ties in with what you are saying Bill, this is right and what you told us, if you will give us all of this, but if Uncle Sam or somebody else intervenes and they can if things get rough someplace else, then we have to be aware of this." .Ii Mr. Waite said, "The intervention we are seeing at this point is relaxing the standards to allow people to burn coal, which is in ready supply and which we are doing, and a lot of places have switched, not in our company, but speaking of other companies that I am aware of have switched from burning coal to burning oil, that has brought about part of this. They are asking in his message the President's message, that those who haven't removed their coal burning stoves go back onto coal, even though that won't meet the Federal pollution control standards to alleviate the fuel oil situation, so there is a relaxing to that standard. It would certainly help as far as that is concerned." Commissioner Caldwell said, "Last week, or a couple of weeks ago there was a statement came out that we would possibly lose a firm coming to Salina because of the gas shortage. Why is it we would have a gas shortage in Kansas and they wouldn't have one in Nebraska? What is the difference?" Mr. Waite said, "I really can't answer your question Bob, satisfactoril Most places in Nebraska are in essentially the same situation we are here in Kansas. Now we did limit the amount of natural gas we would furnish to that particular company and we have been limiting to 100 MCF a day on the interruptibl basis, what we will give the large interruptible customers, mainly as a protective device. We want to keep a reserve for the firm classification of customers so ten years down the line we will not have to say well we are sorry but we just can't serve the houses that we have been serving. So part of this was due to other commodities being in short supply. These people couldn't find alternate sources of fuel oil and propane and these types of things to make up the difference, so the other fuels also entered into our loosing these industries By the same token we have given additional quantities to industries. Certainly Nelson Tire Town which is under construction, Roberts Manufacturing and Rickels and Wyatts, all are having expansion programs that we have been able to supply quantities of gas to and electricity for that matter, so I can't answer the specific questions why Lexington, Nebraska had gas that we couldn't furnish. I really couldn't answer that question. I don't know what quantity of gas they have in Lexington, or what the basis their interruptions are going to be on. They may be interrupted November 1st through March lst. I don't know those facts maybe somebody does." Commissioner Losik said, "I don't have anything else Jack, just what we have done here today is the intent of bringing this thing up. The discussion, the exchange of ideas. Have individuals in these positions such as yourself come in and give us some input into this and this is basically what the intent was to bring this up, to do it collectively rather than each of us knowing that these things exist. This I think helps to have a better understanding of our problem, so I would ask for no action other than some of those suggestions that probably staff is already looking at, but I am talking about the general input that maybe somebody can give us, some ideas." Commissioner Caldwell commented, "You mentioned, Mike, that cars should be marked, official city cars. How would that help the gas situation?" Commissioner Losik replied, "I think more awareness, Bob, of seeing cars and people realizing that we do have this many vehicles in the City in our inventory that sometimes they will see a car that maybe they don't know that this is one of our city cars, and it is doing a job for us; this is part of it see, and again I think we are going to need the public understanding, all the awareness we can, and again it's - I think we have a nice shield on a lot of these things. It adds a little pride and prestige to it too, it goes with the job. There is no question about that, but I think the people will realize that we have a lot of equipment in our inventory and sometimes they don't recognize it as ours, and true - this in itself, and I state again wouldn't be such a gas savings, but it ties in with knowing that we must maintain this number of vehicl running to do the job that we are doing." Mayor Weisgerber said, "The news media has copies of this mailgram from the President, it would just take a minute here to run down orally perhaps: 12 "Thermostats in office buildings can be reduced to a level between 65 and 68 degrees, the same standard we are setting for Federal offices. Working hours for the municipal employees can be staggered. Unnecessary lighting can be curbed in homes and offices. Greater use can be made of mass transit and car pooling. School schedules can be altered holding more classes during the Spring and Summer months. Government vehicles under your jurisdiction can be restricted to speeds not to exceed 50 MPH and that covers, I think, the main point. I think we can see there that some of them perhaps apply to us and some may not so much. The working hours for municipal employees staggared. I don't quite see. I don't see what he is getting at on that one and of course we don't have mass transit in Salina. We certainly can benefit from car pooling, possibly city employees or industrial work or those who may go back and forth to the base, if you go out to the base when the shifts are changing, you pass car after car after car with one person. I think we have taken steps on the thermostat in this building" Commissioner Usher suggested, "Why don't we explore lighting?" You know we could probably save some of our electrical power by making sure all of the lights are out that are not necessary, even during the day, and maybe even give up our night meetings." Commissioner Cooper replied, "We'll give up the night meetings, Bill, if you will give up your trip to San Juan." Mayor Weisgerber said, "Everything that could be done within common sense should be done to conserve all of this fuel and all of this energy will be helpful." Commissioner Usher commented, "I think if the community does really come to grips and try and do something, everybody, I don't just say city employee or businesses, or schools, I think it takes every individual in the community tha maybe we won't have to have some drastic things done, like removing all on -street parking for example, and force people into car pools. And gas rationing, I don't think there is any choice in this matter, we are going to have that and maybe this will solve our problem eventually." The City Manager said, "I would like to make a comment now, that I thin is appropriate. I don't want anyone to get the idea that staff has not given these areas a certain amount of attention and consideration. I think if you will check your budget message we related to this possible problem in our pricing for gas the last quarter of this calendar year and also for 1974. We were not considering the supply of automotive gas critical until the war situation oversee and the cutback of Arabian oil, or foreign crude, cast a totally different pictur on the situation through the 50 states. We have had meetings with all of our department heads present. Bill has had meetings with some of them independently. I have off and on, even at the time and subsequent to the preparation of the budget. The latest I think was 4 hours last Thursday morning and each of these department heads submitted to me some ideas and some of them were initiated immediately such as: the thermostat; such as the turning off the lights in the rooms that are not being used; cutting down on some of the lighting in the Water and Sewerage plant. I don't know if some of the flood lights have been turned of: but certainly these situations could be taken into consideration. At least we can reduce some of our lighting, but not to a level that circumstances would dictate would be too low. We want to eliminate ideling of vehicles. We're considering the use of more river water at the water plant. It requires less energy and less chemicals to treat river water. We used 77% river water last year, and we are planning to use river water right up to the very sub -freezing weather as much as possible this year. We considered the area of not making public service calls unless these are emergency types, with the Fire Department apparatus. We haven't initiated this as yet and it may be necessary to initiate some alternate running plans for the Fire Department apparatus. We have discussec this idea of a motor pool. I don't know whether we can initiate any savings ther( or not. There are many factors that support the present operation, such as we would have to put on attendants at the pool. We are talking about accountability for vehicles; the possibility of vandalism, cutting back on some of the service that is provided where these people who have a car on a 24 hour basis are on 24 hour call. We discussed certain things as street sweeping and leaf pick up, snow 1J, removal scheduling and routing. Some of this is a matter of public judgement as to whether there is any fuel waste here or not. We might say just for an illustration, leaf pick up. We can eliminate picking up these leaves and compou the situation. Is it going to use more gasoline to clean the sewers out for example than the gas that would be used during the leaf pick up program? As all of you are aware, I am sure, we started quite an extensive program of snow removal nine years ago , about 1964. We have expanded it a couple of times; the last time about three or four years ago. We have a rather elaborate map showing the system we follow. We not only remove or the arterial streets, we do that first; then those that are classified as collectors and under certain conditions we get on a few residentials. We try to get every household within four or five blocks of a street that has been busted open with the maintainer. Neither do we have the most sophisticated type of snow removal equipment. "I just mentioned a few of these things to make the point that we have been talking about these things. When it comes to snow removal you are at the mercy of the elements and you have got to guess as to whether to hit them or not. Sometimes when we get an accumulation of three inches, we will go through, and sometimes we will wait until we get more, depending upon wind, drifting, and this type of thing. We have to use judgement and depend on these guys who have worked with snow before. I merely say at the conclusion here that as far as governmental function and where they are on a list of priorities as it relates to the butanes and the natural gases, the distillates, they rate pretty high. So I think if Federal guidelines do come out or Federal rationing, they are going to have at the top of the list, agricultural, we all need to eat; second probably health, we all need those services; third is going to be safety, welfare and this type of thing; down at the bottom of that list is going to be convienence. The trip to grandma's. "We are primarily here for the health, safety and welfare of the community, and if the people of the community feel that some of these services need to be discontinued, talk to us or give us an opportunity to visit with you. We will be happy to hear from them." Mayor Weisgerber said, "As far as the general public is concerned there aren't any laws we as a Body can actually make at this time. It will be initiated perhaps by the Federal Government, but we certainly can be aware of all these things and all of us try to recognize and cooperate in every way that we can to conserve on these fuels and conserve on our energy." Commissioner Losik said, "I think all we wanted is just what we have done. I think this was a tremendous accomplishment, just what we have done tonight here. Everybody realizes who is doing what, and any ideas, we welcome them." PUBLIC AGENDA PETITION NUMBER 3373 was filed by Carl E. Imler, 207 North Thirteenth, for the rezoning of Lot 1, Block 3, Mayfair Addition from District "A" (Second Dwelling House District) to District "D" (Local Business District). A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to refer the petition to the Metropolitan Planning Commission. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3374 was filed by Malcolm G. White, 521 Beechwood Road, for the rezoning of Lot 75 on Second Street, Original Townsite of the City of Salina, Kansas, from District "B" (Two -Family Dwelling House District) to District "D" (Local Business District). A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to refer the petition to the Metropolitan Planning Commission. Ayes: (5). Nays: (0). Motion carried. 1� A LETTER was received from Cayton-Jones, Engelhardt, Gillam, Architects representing Paul Warden, owner of all of Lot 105 on Santa Fe Avenue, Original Townsite, requesting the use of 6 inches of public property sidewalks for aesthetic purposes. A motion was made by Commissioner Losik, seconded by Commissioner Usher to refer the request to the City Engineer for a recommendation Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3375 was filed by Keith W. Smedley, 887 Custer, for the rezoning of Lots 18 and 20, Block 44, Military Addition from District "B" (Two -Family Dwelling House District) to District "D" (Local Business District). A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to refer the petition to the Metropolitan Planning Commission. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Caldwell, seconded by Commissioner Losik that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. D. L. Harrison, City Clerk J 1