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01-29-1973 Minutes1 C� City of Salina, Kansas Commissioners' Meeting January 29, 1973 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, January 29, 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 Leon L. Ashton Commissioner Robert C. Caldwell Commissioner Norma G. Cooper Commissioner Mike Losik, Jr, comprising a quorum of the Board, also: Ron Barta, Assistant City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: L. 0. Bengtson, City Attorney The Minutes of the Regular Meeting of January 22, 1973, were approved as mailed. THE MAYOR PROCLAIMED the Week of February 4 through 10, 1973 - "NATIONAL CHILDREN'S DENTAL HEALTH WEEK". The proclamation was read by Mrs. Donald Amend. THE MAYOR PROCLAIMED the Week of January 28 through February 3, 1973 - "SALINA CLERGY WEEK". The proclamation was read by Rex Miller for the Salina Civitan Club. STAFF AGENDA THE CITY MANAGER explained the first three items on the agenda are amendments to The Salina Code, as it is presently written. Item 1 relates to the electrical code, item 2 relates to the plumbing code and item 3 to the gas fitters. These are the amendments that the City Attorney felt necessary to amend these three sections of the code to comply with the Mobile Home Craftsman Ordinance, which was passed recently. Mr. Jim Morrow was present again, and asked that the amendment to the electrical code come under the jurisdiction of the Electrical Code Panel and be referred to it for a recommendation. Commissioner Cooper said it was her understanding that any time there was to be an amendment to the Salina Code, that it be routinely channeled to the various boards that would have an interest in that amendment. Commissioner Losik commented, "I would like to leave no doubt and to set it up so there is no controversy so that we have established - that if there is any doubt, send it to the board and let them come back with it." The City Engineer explained that the City Attorney gave an opinion regarding the electrical code and the Electrical Code Panel and determined that this amendment did not have to go to.the Electrical Code Panel for a recommendation, because it does not change the electrical aspect of the electrical code. The City Attorney had said it was optional whether or not such matters be referred to the Electrical Code Panel. Mr. Morrow said he is going to pursue that the procedures established this afternoon be followed. A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to introduce an ordinance for first reading exempting certain persons from obtaining an electrical contractor's license, amending Section 9-139 of The Salina Code, and repealing the existing section. Ayes: (5). Nays: (0). Motion carried, Ordinance Passed: ,��, �„� rs r q Number: 4213 Mr. Bachofer, of the Plumbers Local Union was present, suggested the amendment concerning the plumbing code be referred to the proper board, and asked about the exceptions mentioned in the amendment. Mayor Weisgerber told him copies of the ordinance are available for his inspection. A motion was made by Commissioner Cooper, seconded by Commissioner Losik to introduce an ordinance for first reading making it unlawful to labor at the trade of plumbing within the City of Salina without obtaining certification from the Board of Plumbing Examiners and making certain exceptions thereto, amending Section 9--207 of The Salina Code and repealing the existing section. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: $2 A motion was made by Commissioner Ashton, seconded by Commissioner Losik to introduce an ordinance for first reading making it unlawful for any person to labor at the trade of gas fitter or install gas burning appliances without first securing a Gas Fitter's Certificate and license, exempting licensed Mobile Home Craftsmen from the provisions thereof, amending Section 9-241 of The Salina Code and repealing the existing section. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: CS 1913 Number: R275 A RESOLUTION was introduced and passed entitled: "A RESOLUTION AUTHORIZING THE TEMPORARY INVESTMENT OF APPROXIMATELY $1,340,000.00 of IDLE FUNDS OF THE CITY OF SALINA, KANSAS." The City Clerk reported the money would be invested in Certificates of Deposit in the four banks in Salina, from 2 to 8 months with interest to range from 4.5/ to 5.5%. A motion was made by Commissioner Caldwell, seconded by Commissioner Cooper to adopt the Resolution as read and the following vote was had: Ayes: Ashton, Caldwell, Cooper, Losik, Weisgerber (5). Nays: (0). The Mayor approved the Resolution and it is numbered 3136. None COMMISSION AGENDA PUBLIC AGENDA PETITION NUMBER 3293 was filed by Oscar A. Wenthe, for the paving of the 300 Block of South Third, between Mulberry and the Smoky Hill River. A motion was made by Commissioner Ashton, seconded by Commissioner Cooper to refer the petition to the City Engineer for a report. Ayes: (5). Nays: (0). Motion carried. A TREE TRIMMING LICENSE APPLICATION was filed by Marvin E. Prater, 861 Roach, d/b/a Twin Valley Garden Center, 440 North Ohio, The City Clerk reported the applicant has paid the proper fee and has the proper surety bond and public liability insurance on file. A motion was made by Commissioner Losik, seconded by Commissioner Ashton to approve the tree trimming license application, and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by The Straw Hat Restaurant Corporation, 2030 South Ohio, Chris D. Werner, Manager. (New) The City Clerk reported the applicant has paid the proper fee, and the application has been approved by the Zoning Officer and the Police Department. The applicant is asking approval of the license subject to the final approval of the Health Department. A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to approve the application, subject to the final approval of the Health Department, and authorize the City Clerk to issue the license at that time. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the Salina Day Care Association, Inc., requesting $31,125.86 of Revenue Sharing Funds to cover the present deficit of $13,125.86 and $18,000.00 for cost of opening a new center. A large number of people were present in support of the Day Care Association. Mr. Stewart replied that he understands the Commissioners problem in recognizing that this would perhaps open the door to other private organizations, but he thinks that the pure need and the intent and spirit of the law here is that it could be used for these functions if the City sees fit. Commissioner Losik asked Mr. Stewart how desperate the situation is? And how soon they need this money before the bank comes in? Mr. Stewart replied that the bank already has. He said they do have to figure some way to dig our way out of this thing immediately. Josephine Hernandez, Elaine Bednarz, June Garrett, Lea Upshaw, Vicki Sutton, Virginia Clark, Ann Schute, Dr. William Null, Tony Augusto, Twila Stover, Carol Moody, all spoke in favor of the Salina Day Care, and told how the community would be the looser if the Day Care Centers have to close. Commissioner Losik asked Mr. Stewart if this is a one time request to clear the deficit that exists and the original cost of opening a new center, and that from then on it could be self sustaining for at least a couple of years. Mr. Stewart replied that they believe they could. Mr. Jack Stewart, a member of the Board of Directors, said, "Just briefly, the Day Care Association provides a service which there is none other like it in Salina, and it is a much needed service. It provides service to both normal children and to handicapped children. There are approximately 70 children in the three centers for what we call normal children, plus those in the handicapped center. Because of a number of reasons, as set forth in the letter, we find ourselves in a true emergency situation and that is why we have a room full of people here today that are vitally concerned with this. We need to get bailed out, in effect, because of the loss of some funds for various reasons, we find ourselves with quite a large deficit at the present time. We do contemplate though, that in the operation in the coming year, the centers for the normal children will be operated within the budget; but we are starting a long ways behind with the bank deficit we now have. If that could be covered, we believe that the centers for the normal children could be operated in the black, within the budget. There is a need for another center. There are many people who would like to have their children in the Day Care Center, and the $18,000 we are asking for would fund that for the first year, and after that we would contemplate that it would be self sustaining within our budget. Like anything else you start, you don't start with it at full capacity; therefore, to hire extra staff and so forth to get set up there would be a deficit during the first year. There is a real danger of the whole operation terminating unless we can get some relief, and that is why we appeal to you as a sense of emergency. If there are any questions, we would be glad to answer them." Mayor Weisgerber said, "it seems to me the area you are talking about, and I don't want to play down its importance, because I know that it is, and yet it is a different area than city tax money, or any kind of tax money, I think has ever been used. Now, your cause is good. I am not saying that we wouldn't go, I am saying if we do do it, then we also have to open the door to almost all the agencies that are a part of the United Fund, Big Sister, Big Brother programs, programs that St. Francis may have, Youth Crisis Center. A person could probably name quite a list of agencies. It really represents quite an important question so far as the Commission is concerned, because of the implications that would be involved if we would do this. Under this Revenue Sharing, and I probably speak more for myself than I do for the Commission - but there are two particular pressures on this. There are some pressures from the national government to spend this money in certain listed categories. There is also the thoughts expressed by our Governor or by a number of people around town that this money should be used to reduce the personal property tax. Some of the fields of major expenditures involving a great many thousand dollars are perhaps some areas where this money might be spent. There it would have the effect of satisfying the national goals as well as putting the money into areas, which in the end, would also reduce the Salina Property Tax, like perhaps the solid waste, or the problem that exists in the south part of town with drainage. Where possibly a joint project with the County because of the additional building out there where the water run off is so rapid, and problems are created when there is a heavy rain. Also, both our police and firemen's pension funds are actuarily quite unsound and if they are not put in a proper position, we are going to find ourselves in the very near future of having to add quite an additional tax burden on the citizens of Salina in order to pay the pensions that will be demanded out of those two funds. So I think what I am trying to say is it may not be as minor a thing as it may appear. A great number of you have given thought to all of these possible things, and these possible implications, but I wanted to express this particular thing. Am I not right when I say that this would open, so far as the spending of city money is concerned, an entire new field of possibilities?" Mr. Stewart replied that he understands the Commissioners problem in recognizing that this would perhaps open the door to other private organizations, but he thinks that the pure need and the intent and spirit of the law here is that it could be used for these functions if the City sees fit. Commissioner Losik asked Mr. Stewart how desperate the situation is? And how soon they need this money before the bank comes in? Mr. Stewart replied that the bank already has. He said they do have to figure some way to dig our way out of this thing immediately. Josephine Hernandez, Elaine Bednarz, June Garrett, Lea Upshaw, Vicki Sutton, Virginia Clark, Ann Schute, Dr. William Null, Tony Augusto, Twila Stover, Carol Moody, all spoke in favor of the Salina Day Care, and told how the community would be the looser if the Day Care Centers have to close. Commissioner Losik asked Mr. Stewart if this is a one time request to clear the deficit that exists and the original cost of opening a new center, and that from then on it could be self sustaining for at least a couple of years. Mr. Stewart replied that they believe they could. Commissioner Caldwell commented that he has a concern about the Day Care Center, and has had from its very beginning. He said he was invited to the very first meeting, and it was their intentions then to get something underway because of the need. "They got the program started with a good cause behind it, and they have struggled all through this time and now we have a chance in Revenue Sharing, although this Commission has not decided on just what they are planning to do with the money, I can think of no other top priority than the Day Care Center, and I hope this Commission will go on record as making this the top priority when they go forth and distribute the funds from Revenue Sharing, and if there is no further comment, I would like to make a motion to that effect." The Motion was seconded by Commissioner Losik, Commissioner Cooper commented, "The Commission will have to review this. Maybe the Commission could agree to do something in the very near future, the immediate future, on establishing priorities, because we have had a good many requests. We do have other things to consider so we could decide how much financial assistance we would be able to give you; but I too am in favor of it, and especially I think the one where you have suffered the highest financial losses is where the need is actually the greatest, not that it can't all be considered a need, but it does seem to me that the need there is terribly great." Nancy Hodges, Treasurer of the Salina Day Care Association, said she is the one the bank calls to say she can't sign payroll checks. She said the banker has been very fair with them and all he really wants to know is if it is possible for the Commission to grant this request. She said it is a high priority item, and if there is a chance the Day Care Association could get some funds. "He has carried us a long way and he realizes we are the only program in the State receiving 4A funds, but there is a time lag there." Jerry Slaughter, a member of the Board, suggested if, in the final analysis,there has to be an arbitrary cut in the amount requested, that they could designate a member of their group to be a representative. The Commission could be in contact with that person who could relate their priorities. Commissioner Ashton commented that the Commission will not be able to distribute any of the Revenue Sharing funds until about the middle of March. Mr. Stewart commented that the bank will lean if the Commission is leaning. Commissioner Cooper said she is willing to bend a little bit, and "I am also willing for the Commission to sit down and start discussing Revenue Sharing so we will have some idea that when the funds to become available that we can go ahead and proceed with the project." Commissioner Losik commented, "We won't make the decision today, but as Jack Stewart says, if we are leaning that way the banker will too; and leave it that way; but if it came down to really a toss up between the fire and police pension funds and this, would be more for the people program here." Mayor Weisgerber summed up the discussion, "It seems to me we are going to have 2 or 3 projects that are going to take a major part of this money probably, but that won't be to say that we aren't going to leave some of our funds for several smaller projects that seem to have the most priority. Your motion coverd this Bob, to accept this letter and place it under study, and those of us on the Commission try to get together in the very near future and have a little general discussion about all the different requests we have received and some of the major things that we see, and see if we can't get these somewhat in perspective, so we at least have some idea along the general direction we are heading; because up to now, we really haven't discussed this as a group and we don't know what the other person thinks or really how they feel about it or what they consider to be the most important, and we should do this." Commissioner Losik stressed that they give priority to the full amount of the request. Mayor Weisgerber called for a vote on the motion. Ayes: Ashton, Caldwell, Cooper, Losik (4). Nays: (0). Mayor Weisgerber abstained. Motion carried. MAYOR WEISGERBER said there is one more item which wasn't received in time to be on the regular agenda, but it constitutes accepting a letter from the Zonta Club for the nomination of the steering committee for the PRIDE program, The nominating committee submitted the names of 11 people, who have agreed to serve, Mr, Dick Zimmerman, First State Bank and Trust Company (President) Dr. Paul Renich, President of Kansas Wesleyan University Mrs. June Garrett, representing the Zonta Club of Salina Mrs. Shirley Jacques, Salina housewife Rev, J. E. Jones, Chairman of the Fair Housing Committee, Salina Mr. James Thompson, President of Kansas Technical Institute Mr. J. Q. (Rod) Rodriguez, American G. I. Forum of U.S.A. Mr. Dick Renfro, National Bank of America Dr. Dale Cole, Salina Dr. Emerald Dechant, President of Marymount College Mr. H. E. Nuss, Assistant Principal of Salina Central High School. A motion was made by Commissioner Losik, seconded by Commissioner Ashton to accept the letter of the nomination of the steering committee for the PRIDE program. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Losik, seconded by Commissioner Ashton that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. Ctil/l.Gz�,.— D. L, Harrison, City Clerk 1 C