01-07-1974 Minutes4a
City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
January 7, 1974
The Regular Meeting of the Board of Commissioners met in the
Commissioners' Room, City -County Building, on Monday, January 7, 1974, 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
The Minutes of the Regular Meeting of December 17, 1973 and the
Special Meeting of December 27, 1973 were approved as mailed.
STAFF AGENDA
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
adopting, by reference, the 1973 Edition of the Uniform Building Code and all
appendices, except Section 1413 thereof, amending Section 9-18 of the Salina Code
and repealing the existing section." A motion was made by Commissioner Caldwell,
seconded by Commissioner Usher 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 8328. The ordinanc
was introduced for first reading December 17, 1973.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
adopting, by reference, the 1973 Edition of the Uniform Mechanical Code and all
appendices." 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 8329. The ordinance was introduced
for first reading December 17, 1973.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
adopting, by reference, the 1973 Edition of the Uniform Sign Code, except as
modified by Articke IV of Chapter 9 of the Salina Code, amending Section 9-63 of
the Salina Code and repealing the existing section." A motion was made by
Commissioner Losik, seconded by Commissioner Usher 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
8330. The ordinance was introduced for first reading December 17, 1973.
A LETTER was received from the Metropolitan Planning Commission
recommending the approval of Petition Number 3374, which was filed by Malcolm G.
White, for the rezoning of Lot 75 on Second Street, Original Townsite, from
District "B" (Two -Family Dwelling House District) to District "D" (Local Business
District). A motion was made by Commissioner Losik, seconded by Commissioner
Cooper to accept the recommendation of the Metropolitan Planning Commission and
approve the rezoning, and to introduce the ordinance for first reading. Ayes: (5
Nays: (0). Motion carried.
Ordinance Passed: _ Number:
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A LETTER was received from the Metropolitan Planning Commission
recommending the approval of Petition Number 3375, which was filed by Keith W.
Smedley 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 Losik, seconded by Commissioner
Usher to accept the recommendation of the Metropolitan Planning Commission and
approve the rezoning, and to introduce the ordinance for first reading. Ayes: (5
Nays: (0). Motion carried.
Ordinance Passed:
Number:
A LETTER was received from the Metropolitan Planning Commission
recommending the approval of Petition Number 3369, which was filed by the
Metropolitan Planning Commission for the rezoning of a tract of land in the South
half of Section 26-14-3 from District "A" (Second Dwelling House District) to
District "D" (Local Business District), subject to platting. A motion was made
by Commissioner Losik, seconded by Commissioner Usher to accept the recommendatio
of the Metropolitan Planning Commission and approve the rezoning, subject to
platting, and to introduce the ordinance for first reading. Ayes: (5). Nays: (0
Motion carried.
Ordinance Passed: Number:
A LETTER was received from the Metropolitan Planning Commission
recommending the approval of Petition Number 3377, which was filed by Bill Chaff
for the rezoning of a tract of land in the Southeast Quarter of Section 2-14-3,
from District "A" (Second Dwelling House District) to District "D" (Local Busine
District), subject to platting. A motion was made by Commissioner Losik, second
by Commissioner Usher to accept the recommendation of the Metropolitan Planning
Commission and approve the rezoning, subject to platting, and to introduce the
ordinance for first reading. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed: Number:
A LETTER was received from the Metropolitan Planning Commission
recommending the approval of the request of Richard L. Worth, that Petition
Number 3363 be withdrawn. A motion was made by Commissioner Cooper, seconded by
Commissioner Losik to accept the recommendation of the Metropolitan Planning
Commission and approve the request that Petition Number 3363 be withdrawn.
Ayes: (5). Nays: (0). Motion carried.
COMMISSION AGENDA
"CONSIDERATION OF FIREMEN AND POLICEMEN PENSION CONTRIBUTIONS AS THEY
RELATE TO THE BUDGET BEGINNING JANUARY, 1974." (Sponsored by Commissioner Usher)
Commissioner Usher stated, "When we were proceeding through our budget
studies last year for the 1974 budget, one of the problems we never resolved was
the contribution that the firemen and policemen would make to the pension fund;
that is, those under the old pension plan. In 1973 they were contributing 3%.
The budget provided for changing this to 7% for 1974, and with the increase in
the salary schedule which was provided for in the budget, a 4.7%; 1 just got
to thinking maybe we ought to take a look at this and decide if we really want
to move this contribution to 7%, which would nearly wipe out any increase any
of the firemen or policemen might have, and it would seem to me that although
this is a very poor pension plan in the way of funding because we are obligated
for some terrible amounts of money and yet we are not really funding it properly.
In spite of this I think maybe we ought to look at it and decide what we want to
do. I would think in light of the increase in the budget for the pension fund
and the increase for the salaries that maybe we might just want to change and
increase it from 3% to 5% this year and then from 5% to 7% the following year.
This would then bring them into line as compared with what the other firemen and
policemen are paying in 1975."
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After some discussion, Commissioner Losik asked Chief Bross, "Have
your people indicated anything as to what would be equitable to get it up there?
I don't think there is any doubt that they appreciate that we need it; but have
they indicated how it could be done?"
Chief Bross replied, "I think they would prefer a 2 step increase, say
2% now and 2% later on."
Commissioner Losik asked about the benefits of the two pension plans.
"Are the benefits the same? For example, what is the pay back when an individual
decides to resign or is terminated? They get 50% of that back. Is this the same
as what the new firemen will have under their plan or has there been any discussio
in that area?"
Chief Bross replied, "Under the new plan they get 100% back. Our Fire
Department staff has a letter to Mr. Bengtson now that we haven't forwarded to
the City Manager because we are waiting his legal study, but it will deal with
this particular part of the pension system. There are other areas where the two
are not equal, but there are advantages in both in certain areas over the other
one in the same area. They equal out pretty well."
Commissioner Usher moved that the contribution to the pension funds for
firemen and policemen be increased from 3% to 5% in 1974, and from 5% to 7% in
1975.
Commissioner Losik said, "I am willing to second that, but I would like
to ask the Chief, do you think this would be acceptable to your people, Chief?"
Chief Bross replied, "Yes, I do. They realize it has to go up."
Commissioner Losik seconded the motion. Ayes: (5). Nays: (0). Motion
carried.
COMMISSIONER COOPER asked to make a comment before they proceeded to the
next agenda item. "Since this Firemen and Policemen Pension program was one of
the items that was mentioned in the 1974 budget that needed some attention, we als
mentioned that we were going to do something about license fee adjustments,
building rental adjustments, cemetery rates, and I would like for staff to give
the Commission whatever kind of input and figures they feel are necessary for us
to reach some kind of a decision on those particular problems, and then also at
the same time that these subjects were being brought out, during the last budget
hearing, I proposed some kind of a bicycle license tag program. Now at that time
I think the Chief was here and maybe someone else from the department and mentione
that they had a bicycle registration program. I am not talking about the same
thing. I do not know and I would like to know from the department and staff as
well, if they feel that a licensing program, in other words, just a small license
tag on the bicycle would avail the community in terms of traffic enforcement and
in terms of theft. I think there will be more and more people riding bicycles,
and I think it would be helpful if there were some means of identifying this
bicycle. If you see a traffic violation, I couldn't tell you what the bicycle
looked like, but if it had a tag on it you could tell that it was license tag
number so and so. I think the motor bikes have them don't they Don? Don't you
issue tags for motor bikes?"
Mr. Harrison replied that the Auto Tag Office does.
Commissioner Cooper said, "I think it would be helpful, so I would like
to have some suggestions or some views from the department and from staff on that,
and maybe we could get these subjects brought back around on the agenda so we
could either get some action on them or forget about them."
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THE MAYOR, with the approval of the City Commission, made the
following appointments:
Human Relations Commission
Rev. J. E. Jones, appointed for a three year term to November 20, 1976.
Miss Marion Klema, appointed for a three year term to November 20, 1976.
Carlos Hernandez, appointed for a three year term to November 20, 1976.
Dr. Charles Marsh, appointed for a two year term to November 20, 1975.
Shirley Jacques, appointed for a two year term to November 20, 1975.
Ron Kizer, appointed for a one year term to November 20, 1974.
Flavel Simcox, appointed for a one year term to November 20, 1974.
PUBLIC AGENDA
PETITION NUMBER 3383 was filed by Ashton Brothers, Inc., 843 Pearl
Street, for the rezoning of Lots 6, 7, 8, Block 4, and Lots 5, 6, 7, 8, Block 5,
Southern Heights Addition to the City of Salina, Saline County, Kansas, from
District "A" (Second Dwelling House District) to District "D" (Local Business
District). A motion was made by Commissioner Losik, seconded by Commissioner
Caldwell to refer the petition to the Metropolitan Planning Commission. Ayes: (5)
Nays: (0). Motion carried.
PETITION NUMBER 3384 was filed by Beatrice Plott, Safety Chairman of
the Coronado PTA for the installation of sidewalk on the North and East side of
Key Avenue from Belmont Boulevard to Neal Avenue in front of Lots 15 through 25,
Block 24, Key Acres Addition, in front of Lot 9, Block 14, Key Acres Addition,
in front of Lot 8, Block 25, Key Acres Addition. A motion was made by CommissionE
Caldwell, seconded by Commissioner Losik to refer the petition to the City
Engineer for a recommendation. Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3385 was filed by Raymond E. Haggart, for the approval
of the preliminary plat of Meadowlark Acres Addition Number 3. A motion was
made by Commissioner Usher, seconded by Commissioner Losik to refer the petition
to the Metropolitan Planning Commission. Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3386 was filed by Presley Builders, Inc., Roy Presley,
for the approval of the preliminary plat of Country Club Estates Addition. A
motion was made by Commissioner Losik, seconded by Commissioner Caldwell that the
petition be referred to the Metropolitan Planning Commission. Ayes: (5).
Nays: (0). Motion carried.
PETITION NUMBER 3387 was filed by Presley Builders, Inc., Roy Presley,
for the annexation of Country Club Estates Addition. A motion was made by
Commissioner Usher, seconded by Commissioner Losik to refer the petition to the
Metropolitan Planning Commission. Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3388 was filed by William J. Stover, 2087 Roach, for
the rezoning of Lots 10 and 11, Block 5, Replat of Faith Addition, from District
"A" (Second Dwelling House District) to District "B" (Two -Family Dwelling House
District). A motion was made by Commissioner Losik, seconded by Commissioner
Caldwell that the petition be referred to the Metropolitan Planning Commission.
Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3389 was filed by A. B. Seelye Company, Inc., for the
approval of the preliminary plat of Georgetown Addition, consisting of Lots 1
through 12, inclusive, Block 1; Lots 1 through 12, Block 2; and Lots 1 and 2,
Block 3, all in Georgetown Addition, Saline County, Kansas. A motion was made
by Commissioner Losik, seconded by Commissioner Usher to refer the petition to
the Metropolitan Planning Commission. Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3390 was filed by A. B. Seelye Company, Inc., for the
installation of sanitary sewer to service all of the lots in Blocks 1, 2, 3,
Georgetown Addition, Saline County, Kansas, on a 10 year assessment. A motion
was made by Commissioner Usher, seconded by Commissioner Losik to refer the
petition to the City Engineer for a recommendation. Ayes: (5). Nays: (0).
Motion carried.
Commissioner Losik asked the City Engineer for 3113 provision of this
with his report.
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A LETTER was received from Hal Headley (Channel 6) concerning the
safety factor at the southbound "Yield" sign on North 12th at Bishop Street.
The City Engineer reported, "The yield sign in question was placed
there several years ago and was used in lieu of a stop sign because of the
railroad tracks being so close to the intersection. Bishop Street is considered
a through street and Section 22-54 of the Salina Code states:
'Section 22-54. Signs required at through street intersections;
manager to erect.
Whenever any resolution of the board of commissioners
designates and describes a through street, it shall be the
duty of the city manager to place and maintain a stop sign
at each and every street intersecting such through street
or that portion thereof described and designated as such
by ordinance of the city. (Code 1960, § 27-405)'
"Yield signs are normally used on minor streets at the entrance to
an intersection where it is necessary to assign right-of-way to the major or
through street where a stop is not necessary at all times. Yield signs should
not ordinarily be used at an intersection where there are stop signs on one or
more approaches to the same -intersection, I would consider this a special
condition and feel the yield sign is much more appropriate than a stop sign.
"I talked to Mr. R. E. Barry, the local Missouri Pacific railroad
agent, and he stated that the only through traffic on this track is four or
five trains a year during harvest time in the summer. There are switch engines
on these rails several times a day, and when they are pushing cars through a
crossing they are required to have a flagman at the crossing. When they are
switching and pulling cars through a crossing it is always at a very low speed.
The sight distance at the crossing is quite good for both the vehicular and
train traffic. A driver can see several hundred feet to the west and as far as
Ninth Street to the east.
"The vehicular traffic volume on Bishop Street is 2,600 vehicles per
day which would average out to two vehicles per minute. The vehicle traffic
volume is not large enough to cause a delay for the Twelfth Street traffic to
cross or turn onto Bishop Street.
"We have checked the accident records on this location and have found
only one train -vehicle accident in the past three years. This accident was
caused by failure of the vehicle driver to yield right-of-way to the approaching
train. Therefore, this accident was not caused due to the yield sign.
"There is ample space between the yield sign and the south rail of
the Missouri Pacific railroad track for one car to wait for a gap in the Bishop
Street traffic and sufficient space between the Missouri Pacific Railroad track
and the Chicago Rock Island railroad track for vehicles to wait. Twelfth Street
is 72 feet wide which would provide three parking lanes for southbound traffic
if it became necessary to vacate the railroad track area.
"We feel the right-of-way for the Bishop Street traffic must be
protected and that the yield sign at the intersection on Twelfth Street and
Bishop Street allows the greatest amount of flexibility in the movement of
southbound traffic on Twelfth Street."
A motion was made by Commissioner Cooper, seconded by Commissioner
Caldwell to accept the City Engineer's recommendation and retain the yield
sign on Twelfth Street. Ayes: (5). Nays: (0). Motion carried.
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CEREAL MALT BEVERAGE LICENSE APPLICATIONS for 1974 were filed by:
William Derl Davis, Jr., d/b/a Billy D's, 701 North Broadway. (New)
Charles Waldean Robb, d/b/a Salina Bait and Tackle, 1120 West Crawford. (Renewal)
Frederick J. Norwood, d/b/a Wood Lan Sport Center, 206 East Elm. (New)
Henrietta Herl, d/b/a Reuben's, 112 East Iron Avenue. (New)
Walgreen Drug Store, 2450 South Ninth St. W. L. Hubbs, Manager. (Renewal)
The City Clerk reported the applicants have all paid the required fee, and the
applications have been approved by the Health Department, Zoning Officer and
Police Department. A motion was made by Commissioner Caldwell, seconded by
Commissioner Losik to approve the license applications and authorize the City
Clerk to issue the licenses. Ayes: (5). Nays: (0). Motion carried.
SURETY ON BAIL BOND LICENSE APPLICATION for 1974 was filed by:
E. P. Nichols, d/b/a Nichols Bail Bond, West State Street Road. (Renewal)
The City Clerk reported the applicant has paid the required fee, and has all the
required documents on file. A motion was made by Commissioner Usher, seconded by
Commissioner Losik to approve the license application and authorize the City Clerk
to issue the license. Ayes: (5). Nays: (0). Motion carried.
TREE TRI",1MING LICENSE APPLICATIONS for 1974 were filed by:
Harvey Eslinger, 1842 Highland. (Renewal)
Raymond Kline, d/b/a Kline's Landscaping, R.R.1, Salina. (Renewal)
Dennis M. Brake, 511 North 13th. (Renewal)
Cecil Heart, d/b/a Heart's Tree Service, 613 Montrose. (Renewal)
The City Clerk reported the applicants have paid the required fee, and all have
the required certificate of liability insurance and surety bond on file. A
motion was made by Commissioner Usher, seconded by Commissioner Losik to approve
the license applications and authorize the City Clerk to issue the licenses.
Ayes: (5). Nays: (0). Motion carried.
TREE TRIMMING AND TREATING LICENSE APPLICATIONS for 1974 were filed by:
Darrell J. Prater, d/b/a D. J. Prater Tree Service, R.R.3, Salina. (Renewal)
Paul Handlin and Fred Handlin, d/b/a Handlin and Son Tree Service, 881 Willow
Drive. (Renewal)
Donald D. Deatherage, d/b/a D. Landscape, 616 West Crawford. (Renewal)
The City Clerk reported the applicants have paid the required fee, and all have
the required certificate of liability insurance and surety bond on file, and all
have the State insect control number. A motion was made by Commissioner Usher,
seconded by Commissioner Losik to approve the license applications and authorize
the City Clerk to issue the licenses. Ayes: (5). Nays: (0). Motion carried.
A REQUEST was received from General Battery Corporation for passage of
a preliminary bond resolution and a memorandum of agreement for the issuance of
$9,000,000.00 Industrial Revenue Bonds.
The City Attorney said he has reviewed the resolution and the
memorandum of agreement and everything is in order. He also explained that the
resolution provides that the City will not have a payment in lieu of taxes for
property that is constructed, and whether it is $9,000,000 or $15,000,000 it
would remain off the tax roll for a period of 10 years in accordance with the
industrial revenue bond law of Kansas. The income from all of these bonds
would not be tax free because of the fact that this amount is over the $5,000,000
limitation.
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A RESOLUTION was introduced and passed entitled: "PRELIMINARY BOND
RESOLUTION OF the City of Salina, Kansas, (the "City")." A motion was made by
Commissioner Losik, seconded by Commissioner Usher to adopt the Resolution as
read and to authorize the Mayor to sign the Memorandum of Agreement. Ayes:
Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0). Carried. The
Mayor approved the Resolution and it is numbered 3167.
A MOTION was made by Commissioner Usher, seconded by Commissioner
Losik that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (5). Nays: (0). Motion carried.
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D. L. Harrison, City Clerk