11-18-1974 Minutes1
1
270
City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
November 18, 1974
The Regular Meeting of the Board of Commissioners met in the
Commissioners' Room, City -County Building, on Monday, November 18, 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 W. M. Usher, Chairman presiding
Commissioner Robert C. Caldwell
Commissioner Norma G. Cooper
Commissioner Mike Losik, Jr.
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 November 11, 1974 were approved
as printed.
STAFF AGENDA
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 Maloney Addition from District "A" (Second Dwelling House District)
to District "D" (Local Business District) requested in Petition Number 3449
filed by Michael J. Maloney and Victor D. Goering). A motion was made by
Commissioner Weisgerber, seconded by Commissioner Caldwell to adopt the ordinanc
as read and the following vote was had: Ayes: Caldwell, Cooper, Losik,
Weisgerber, Usher (5). Nays: (0). Carried. The Mayor approved the ordinance
and it is numbered 8371. The ordinance was introduced for first reading
October 21, 1974.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
annexing certain land to the City of Salina, Kansas, in conformity with the
provisions of K.S.A. 1972 Supplement 12-520." (A tract of land in the Southwest
Quarter of Section 15, Township 14 South, Range 3 West, requested in Petition
Number 3451 filed by Allen J. Hocking). A motion was made by Commissioner
Losik, seconded by Commissioner Weisgerber to adopt the ordinance as read and
the following vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerber, Usher
(5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered
8372. The ordinance was introduced for first reading November 11, 1974.
A RESOLUTION was introduced for second reading entitled: "A RESOLUTION
determining necessity of and directing that the owner or owners of certain lots
construct, in compliance with plans and specifications of the City Engineer, a
sidewalk, abutting said lots within 30 days of the adoption and publication
hereof and providing that in the event the owner or owners fail to do so, that
the City of Salina shall proceed to construct, or cause to be constructed, said
sidewalk and that the total cost thereof shall be assessed against such lot or
lots on which such sidewalk shall abut as other special assessments." (A
sidewalk abutting the South 151 feet of Lot 2, Block 1, Worsley Addition,
M1
requested in Petition Number 3454 filed by the Hageman PTA). A motion was made
by Commissioner Losik, seconded by Commissioner Caldwell to adopt the Resolution
as read and the following vote was had: Ayes: Caldwell, Cooper, Losik,
Weisgerber, Usher (5). Nays: (0). Carried. The Mayor approved the Resolution
and it is numbered 3212.
A RESOLUTION was introduced and passed entitled: "A RESOLUTION
appropriating the sum of $206,255.14 being the contract price for Part I and
Part II for materials and labor supplied and furnished in the matter of the
construction of certain curbing, guttering, paving, grading, water main and
service lines and sanitary sewer and service line improvements in the City of
Salina, Kansas, and further providing for the issuance of one temporary note
in the sum of $206,255.14 for the payment therefor." (For Engineering Project
74-569 - improvements in Bonnie Ridge Addition. PT -84). A motion was made by
Commissioner Weisgerber, seconded by Commissioner Losik to adopt the Resolution
as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerbe
Usher (5). Nays: (0). Carried. The Mayor approved the Resolution and it is
numbered 3213.
A RESOLUTION was introduced and passed entitled: "A RESOLUTION
appropriating the sum of $119,008.00 being the contract price for materials and
labor supplied and furnished in the matter of the construction of certain curbing
guttering, paving, grading, water main, sanitary sewer, service lines and storm
sewer improvements in the City of Salina, Kansas, and further providing for the
issuance of one temporary note in the sum of $119,008.00 for the payment therefor "
(For Engineering Project 74-571 - improvements in Key Acres Addition Number 2 and
Upper Mill Heights Addition Number 2. PT -85). A motion was made by Commissioner
Cooper, seconded by Commissioner Losik to adopt the Resolution as read and the
following vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerber, Usher (5).
Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3214.
THE CITY COMMISSIONERS considered the adjustment of certain license
fees.
Mr. Harris, Deputy City Manager, said, "We tried to arrive at a basis,
a premise, to justify an increase and we note that operating expenses have gone
up 370 since 1967. The reason we work from 1967 is that a good many of these
licenses have been in effect at least that long, a number of them going back as
far as 1960 and prior. There are 46 categories listen here, 35 of those have
been in effect since 1967 or prior, 22 of those 35 have been in effect since
1960 or previously. We felt that our recommendation to go with an approximately
330 increase in the licenses is justified, and not at all unreasonable. In fact,
in relating the operating expenses of 1973 to those of 1967 if we remove from the
figures the amount spent for capital outlay items in those two years, the increas
actually amounts to 450. Really that is a better way to figure it because your
capital outlay items that you spend in one particular year, as an example for
vehicles, those vehicles are going to serve you for a number of years so it is
not a true reflection to have those capital items included. There are 11 license
fees that have come about or have been adjusted since 1968. The Elevator
contractor license ordinance was passed in 1968 as was the ordinance requiring
THE CITY ENGINEER reported on a request from the University United
Methodist Church for 2 hour parking on the east side of Santa Fe Avenue from
Kirwin Avenue to Claflin Avenue, and on the north side of Claflin Avenue from
the alley east of the church to Santa Fe Avenue, that the department conducted a
survey of the parking area which involves 17 parking spaces, 11 on Santa Fe Avenu
and 6 on Claflin Avenue; and recommends the denial of this request for parking
restrictions around the University United Methodist Church, but recommends the
painting of the curb on the east side of Santa Fe Avenue from Claflin, north
approximately 90 feet, which would be in front of the two main entrances of the
church. This area could be used for loading and unloading for church services,
and funeral services. The City Engineer said this recommendation is satisfactory
with the church directors. A motion was made by Commissioner Losik, seconded by
Commissioner Cooper to accept the City Engineer's recommendation. Ayes: (5).
Nays: (0). Motion carried.
THE CITY COMMISSIONERS considered the adjustment of certain license
fees.
Mr. Harris, Deputy City Manager, said, "We tried to arrive at a basis,
a premise, to justify an increase and we note that operating expenses have gone
up 370 since 1967. The reason we work from 1967 is that a good many of these
licenses have been in effect at least that long, a number of them going back as
far as 1960 and prior. There are 46 categories listen here, 35 of those have
been in effect since 1967 or prior, 22 of those 35 have been in effect since
1960 or previously. We felt that our recommendation to go with an approximately
330 increase in the licenses is justified, and not at all unreasonable. In fact,
in relating the operating expenses of 1973 to those of 1967 if we remove from the
figures the amount spent for capital outlay items in those two years, the increas
actually amounts to 450. Really that is a better way to figure it because your
capital outlay items that you spend in one particular year, as an example for
vehicles, those vehicles are going to serve you for a number of years so it is
not a true reflection to have those capital items included. There are 11 license
fees that have come about or have been adjusted since 1968. The Elevator
contractor license ordinance was passed in 1968 as was the ordinance requiring
4'7 2
the surety on bail bonds and the taxicab drivers licenses were adjusted in 1968.
At that time they were lowered from $10.00 to $5.00, the renewals were lowered
from $10.00 to $5.00 in 1967 and then dropped down to $1.00 in 1968, and that is
where they remain today. In 1969 there were 3 areas that were amended, one of
those related to plumbing licenses, previously contractors and masters paid
$25.00 per year for a license, plus a one time $25.00 deposit. There were no
licenses requi red for journeyman or apprentices prior to 1969. Gas fitters
previous to that had been $10.00 per year. The third change related to auction
rooms. The $500.00 per year existed prior to that, but in 1969 the ordinance was
amended to allow the $250.00 annual fee for auction rooms having all of their
merchandise enclosed, indoors. There were 3 licenses that came about in 1971,
or were amended, and those all relate to dog licensing, commercial kennels and
hobby breeders, and we are not suggesting any change in those fees. In 1972 we
had one change and that related to pawnbrokers and in conformance with State Law
the fee was reduced from $150.00 to $25.00. We are suggesting that, by Charter
Ordinance that license fee be restored to $150.00. One other that I would mentio
relates to the mobile home craftsman license and that ordinance was passed in
1973. So what we have endeavored to point out is that the bulk of these licenses
have been in effect since 1967 and prior. In meeting with the Building Code
Advisory Board, they were concerned with 6 areas related entirely to the building
trade. They concurred with our thinking for the most part; however, as you will
see on that chart, we had started out thinking that the electricians and plumbers
licenses, the schedule on those should be the same, and then we scaled down from
that for elevator contractors and mobile home craftsmen and the gas fitters. It
was the thinking of the Building Code Advisory Board that they should all be the
same. I would also point out that in the area of the mobile home craftsmen we
are recommending a new license for the mobile home contractor. The problem that
is encountered by not having a contractor's license is that every craftsman has
to carry his own bond and insurance, and there are some firms that have perhaps
four or five craftsmen working for them. By providing a contractor's license he
can carry the bond and insurance on all his people as is the case in the other
trades and then the craftsmen will only be required to have the license and
renew it each year."
Commissioner Losik said, "I have no questions or ideas regarding the
recommendations, but I would like to see some provisions made for any license or
permit that is in excess of roughly say $50.00 to have provisions built into it
on a pro rated purchase. I think this starts coming into a pretty expensive
thing, not only pro rate the purchase, but if during the course of the year, say
to the nearest quarter, an individual discontinues this operation, there be a
provision for a refund. I would want to see that considered on a limited basis
because it does take a lot of time and energy to keep track of these, but I think
when you are running into license fees of $100.00, $150.00, $200.00 a year and
this was brought out quite plainly to us here recently, an individual that
requested this would have been paying a full year's license fee for two months
of operation and I don't feel that this is proper. Now, I don't mean that we
should do this with these $5.00, $10.00, and $20.00 ones, I am talking about say
roughly $50.00 a year and pro rate these things and on up."
Commissioner Weisgerber said, "I surely wouldn't be in favor of
refunding any money, I think if they have paid their license and they are in that
business and they chose to go out I would feel that they have lost the license
fee; but in purchasing, if we got these fees pretty high, the high ones like we
are talking about here and somebody does come in late in the year and wants to
start in the last quarter and you have got a higher license of a couple of hundre
dollars it makes it pretty high for him to start for just a month or two."
Mayor Usher asked the City Attorney if they could legally do that.
"Would that be selective in what we are doing? In other words can we do it for
a certain amount and not for the one that is under that?"
The City Attorney explained, "I suppose you get into the question wheth r
you are discriminating because of the cost; however, you probably could justify
it on the basis that you have got so much paper work and that we won't refund a
$5.00 license fee because of the fact that our cost would exceed probably the
refund and possibly we might justify it on the basis that the higher priced ones
are subject to refund on the basis that we could do it, or maybe charge a fee.
Maybe we ought to charge a refund fee of $5.00, whatever it might be; but Don's
office will have a lot of paper work and even 15 minutes worth of time by a girl
and the paper work involved probably is going to run into much or more than these
fees."
Commissioner Weisgerber commented, "I don't see refunding any fees.
I think like you say it is additional paper work and there aren't going to be
enough of these in the more expensive categories, but when someone, say now we
have got a cereal malt beverage license up to $200.00 a year, suppose someone
comes along and wants to start in November, $200.00 is a little bit stiff license
to pay for 2 months of operation. I am thinking about the people who are coming
into the schedule, not those going out, as far as I personally am concerned."
Commissioner Losik said, "Now, along that line we are using for example
on the surety on bail bonds, what Larry is bringing up is that we can justify
this thing because of the work load and this is one where we are increasing it
from $10.00 to $30.00 because of the detail work that justifies this increase,
so what I am in agreement there, Larry, is that we can justify this if we want
to go ahead with it and because we are doing it here in this one case to increase
it over and above the amount we are normally increasing all the rest."
Mr. Bengtson said, "I think on all your license fees we must be able
to justify them on the basis that licensing cannot be a revenue producing thing.
It must be justified on the basis of a service that we are required to perform
such as the tavern probably takes more police protection, more police work and we
have to be able to justify a fee. I think this is where the pawnbrokers, there
is more of a chance where stolen goods are involved and you are going to have to
check them so often so on all fees you must be able to justify the cost, it can't
be a revenue producing means, it must be based on some service performed by the
City."
Commissioner Cooper said, "I would like to see, say licenses and pick
the arbitrary amount of $50.00 because if you are talking about the detail work
and the time involved for less than that maybe it would not, you don't want the
City to go in the hole even though it cannot be revenue producing, you don't
want the city to go in the hole doing it, but I think if you are going to pro rat
it on the basis of the fact that they are just starting, in other words Jack's
example of they need a cereal malt beverage license for the last couple of months
if they are also ceasing business for the last couple of months I think they are
just as equally entitled to a consideration there as they are for a lesser fee
for doing business for a couple of months."
Mayor Usher commented, "Well I don't know. I can go along with that
new license fee, but I don't think I would want to be giving anybody back anythin
because you have to handle it twice that way."
Mr. Bengtson explained, "Possibly, in order to avoid the conflict of
discrimination on these things, we might, if you are going to refund, we might
say that all licenses are subject to a refund, subject however to a processing
fee of $10.00 or something such as this. This would mean that to get a refund
you are going to pay $10.00 to the City Clerk, and of course if your license is
only $5.00 in the first place you are not going to make application, but this
would pay the City Clerk something for handling these refunds and it might be
worth it and it might not, it is up to them; but I think then that maybe this
would avoid the conflict that someone would say that you are discriminating."
Mr. Harrison, the City Clerk, explained, "The thing is not collecting
the money, the problem on these licenses is seeing that their insurance and
surety bonds are on file. We have a lot of trouble right now on these concrete
contractors when they can buy their license after July 1 and save $5.00, so they
don't do any work the first six months of the year and probably their bond
expires and we don't do anything about it because they don't have a license, so
then they come along and get the license and then we find out they don't have a
bond."
Commissioner Cooper commented, "Well, you are eliminating that though,
supposedly."
Mayor Usher said, "I am sure we are talking about something that sounds
very simple as far as we are concerned sitting on the bench, and I think if we
are going to pursue this thing, the best thing to do is have a recommendation
from our staff on the feasibility of what you are talking about."
2'74
Commissioner Cooper said, "I think we did that, and staff is saying
that they don't want the pro rated, isn't that right? In the beginning did we
not do this? Didn't we suggest that you consider pro rating the licenses and all
of it?"
Mr. Harris said, "I don't recall that specific recommendation. I
definitely recall the conversating about Mr. Harris and the refuse haulers. We
really haven't visited on staff about that and my personal opinion, and I don't
know if the City Manager agrees with this or not, I think we, I should say I
would certainly be more in favor of pro rating the license applications rather
than going into the refund process, and I guess I don't really have any
justification for it other than I can to some extent sympathize with the person
going into business or operating an additional refuse truck for 2 or 3 months
at the tail end of the year as opposed to the fellow that has his license for
the year and them midway through the year he quits business or something like
that; but this is entirely up to the City Commission, and as the City Attorney
has said it is perfectly legitimate to pro rate them and that would be your
choice. If you are going to get into the pro ration of them of course we would
prefer to see it on a semi-annual basis rather than on a quarterly basis because
it cuts down just that much on the paper work and all that, but there isn't
anything sacred about it with us. From the revenue standpoint of the City, we
are not talking about a very large percentage, and Larry has pointed out that we
can't look upon this as a revenue source. Revenue from licenses and permits only
amounts to about 3% of our income, and if we have an across the board increase
of approximately 1/3 we are only talking about $25,000.00. We bring in in the
neighborhood of $76,000 on various licenses, and permits fees."
Commissioner Cooper said, "Well that wouldn't be much different though
than charging if it is in excess of, or less than. I am not, I don't have any
big disagreement with you Bill in the sense that this is not supposed to be
revenue producing, but I think it is supposed to be equitable, and if the person
is no longer doing that or if they are only able to do it for a portion of the
year, I think it is unfair to charge them the full amount. This is my thinking
on it, now if everyone says that that is not right then you can say that, but I
still feel that it is better to either not charge them the annual rate if they
are only able to operate for 6 months or 3 months of the year or else to give
them back some of their money, maybe not the full amount but at least a portion
of it if they are no longer able to operate for 3 months or 6 months."
Mr. Olson said, "I would like to comment on what Bill has said. I
think I would concur in the semi-annual equation as compared to the quarterly
equation, because I do know some of the envolvement that Don and his department
are confronted with, and what a hectic time it is at licensing time, and what we
used to have as an impossible situation when we had licenses coming due throughou
the calendar year. I think this is what Bill said, I think we could do this.
The person who has applied for a substantially large license after July 1, maybe
we could let him off for one-half the tab, not charge him for the first six
months, and do this for any of them that exceeded the $35.00 amount. I don't
think a person is going to complain about the $35.00."
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Cooper to accept the recommendation as it was submitted, (as attached) with
the exception that fees in excess of $35.00 be pro rated on a 6 month basis for
new licenses after July 1, and to introduce the ordinances for first reading
amending Chapters 3, 6, 7, 8, 9, 18, 20, 21, 28, 29, 31, 32, 33, 34 of the Salina
Code, and to introduce the Charter Ordinances for first reading concerning
cereal malt beverage licenses and pawnbrokers licenses. Ayes: Caldwell, Cooper,
Weisgerber, Usher (4). Nays: ( 1 ). Motion carried.
Ordinances Passed: Numbers:
Charter Ordinances Passed: Numbers:
Commissioner Caldwell commented, "Is there a possibility
if
you are
going to set it up on a basis
like that pro rating it for certain
periods
of the
year, could one-half year be
more than the full year or something
of
this nature
to get some consideration of
how they would purchase their licenses?
Say if I
only want it for a half year
it would probably be $10.00 more than
it
would be
for the year, for some type of encouragement there."
Mr. Harris replied,
"I think it could be done, couldn't
it
Larry?"
Mr. Bengtson said,
"It probably could be."
Commissioner Cooper said, "Well that wouldn't be much different though
than charging if it is in excess of, or less than. I am not, I don't have any
big disagreement with you Bill in the sense that this is not supposed to be
revenue producing, but I think it is supposed to be equitable, and if the person
is no longer doing that or if they are only able to do it for a portion of the
year, I think it is unfair to charge them the full amount. This is my thinking
on it, now if everyone says that that is not right then you can say that, but I
still feel that it is better to either not charge them the annual rate if they
are only able to operate for 6 months or 3 months of the year or else to give
them back some of their money, maybe not the full amount but at least a portion
of it if they are no longer able to operate for 3 months or 6 months."
Mr. Olson said, "I would like to comment on what Bill has said. I
think I would concur in the semi-annual equation as compared to the quarterly
equation, because I do know some of the envolvement that Don and his department
are confronted with, and what a hectic time it is at licensing time, and what we
used to have as an impossible situation when we had licenses coming due throughou
the calendar year. I think this is what Bill said, I think we could do this.
The person who has applied for a substantially large license after July 1, maybe
we could let him off for one-half the tab, not charge him for the first six
months, and do this for any of them that exceeded the $35.00 amount. I don't
think a person is going to complain about the $35.00."
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Cooper to accept the recommendation as it was submitted, (as attached) with
the exception that fees in excess of $35.00 be pro rated on a 6 month basis for
new licenses after July 1, and to introduce the ordinances for first reading
amending Chapters 3, 6, 7, 8, 9, 18, 20, 21, 28, 29, 31, 32, 33, 34 of the Salina
Code, and to introduce the Charter Ordinances for first reading concerning
cereal malt beverage licenses and pawnbrokers licenses. Ayes: Caldwell, Cooper,
Weisgerber, Usher (4). Nays: ( 1 ). Motion carried.
Ordinances Passed: Numbers:
Charter Ordinances Passed: Numbers:
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275
COMMISSION AGENDA I
PUBLIC AGENDA
PETITION NUMBER 3459 was filed by Lee Haworth Construction Company, Inc.
for sewer, water, and street improvements on Bret Avenue from Bonnie Ridge to the
intersection of Edward Street; and Edward Street from the intersection of Bret
Avenue north to join existing paving on Edward at north property line of Twin
Oaks Addition. A motion was made by Commissioner Caldwell, seconded by Commissioner
Weisgerber to refer the petition to the City Engineer for a report. Ayes: (5).
Nays: (0). Motion carried.
AN APPEAL was filed by Monty Montee, 621 Beverly Drive, of the decision
of October 30, 1974 by the Board of Zoning Appeals concerning the denial of an
exception to permit mobile homes on Lots 5, 6, 7, 8, Block 9, Wallerius Addition
to the City of Salina, Saline County, Kansas.
Mayor Usher explained to Mr. Montee that under the present City
ordinances the Commission cannot hear the appeal, and that his only recourse is
through the District Court. "We are in the process of a new zoning regulation
for mobile homes and mobile home courts. I have no idea if that would change
your situation at all and I suppose the only other alternative you have is to
wait and see."
Commissioner Cooper asked if, under home rule, the Commission could
make an exception to the State Law.
The City Attorney explained the State Law and said it could be changed
by Charter Ordinance.
A motion was made by Commissioner Cooper to instruct the City Attorney
to draw up a Charter Ordinance enabling people to appeal the decision of the Boar
of Zoning Appeals to the City Commission.
The City Attorney explained this is in the zoning ordinance, and before
the City Commission could amend it, it would have to instruct the City Planning
Commission to review it, have a public hearing on it, and come back to the City
Commission with a recommendation, and then by Charter Ordinance it could be
changed, which would require 3 - 4 months. He recommended the City Commission
instruct the City Planning Commission to take the appeals procedure into
consideration when they are considering the proposed new zoning ordinance.
Commissioner Cooper's motion died for the lack of a second.
After some discussion, a motion was made by Commissioner Cooper,
seconded by Commissioner Losik that the City Planning Commission be instructed
to consider adopting a procedure of appeals whereby an appeal may be made to the
City Commission and/or the District Court, as they consider the proposed new
zoning ordinance. Ayes: (5). Nays: (0). Motion carried.
A MOTION was made by Commissioner Losik, seconded by Commissioner
Caldwell that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (5). Nays: (0). Motion carried.
D. L. Harrison, City Clerk