01-29-1973 Minutes1
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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
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