07-02-1973 MinutesCity of Salina, Kansas
Regular Meeting of the Board of Commissioners
July 2, 1973
The Regular Meeting of the Board of Commissioners met in the Commissioners' Room,
City -County Building, on Monday, July 2, 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 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:
Commissioner Robert C. Caldwell
The Mayor called for the approval of the minutes of the Regular Meeting of June
25, 1973.
Commissioner Cooper questioned the minutes, on Page 14, Line 26, Mr. Todd's
statement, "Are you offering me a .....?" She felt the sentence should have been completed
"Are you offering me an out of court settlement?" After some discussion Commissioner Cooper
asked the Clerk to varify that part of the conversation. A motion was made by Commissioner
Usher to approve the Minutes as printed. Commissioner Losik seconded the motion with the
addition to the motion that the Clerk varify the conversation in question. Ayes: (4).
Nays: (0). Motion carried.
(After rechecking the taped conversation in question between Commissioner Caldwell
and Mr. Todd, anything Mr. Todd says beyond that point is inaudible.)
STAFF AGENDA
THE CITY ATTORNEY reported on appointments to the Library Board: "The Salina
City Library Board was established pursuant to the provisions of Chapter 485, Laws of
Kansas, 1951, as set forth in K.S.A. 12-1219 to 12-1235, inclusive. The same provisions
have been incorporated in our Salina Code as Sections 19-1 to 19-20, inclusive.
"K.S.A. 12-1222 provides for the composition of the governing body of the library
and provides that it shall be composed of seven members and "In addition to the appointed
members of the board the official head of the municipality shall be ex officio a member of
the library board with the same power as appointed members but no person holding any office
in the municipality shall be appointed a member while holding such office". Blacks Law
Dictionary, Third Edition, states that ex officio means "without any other warrant or
appointment than that resulting from the holding of a particular office."
"In view of the above statute the Board of Commissioners should appoint seven
members to the Library Board. I am of the opinion that it would be improper for the Board
of Commissioners to appoint the mayor to the Library Board as he is not an appointed member
but a member by virtue of his office. I am of the further opinion that in the event that
the mayor is unable to attend a library board meeting that it would be appropriate for the
acting mayor of the city to attend in his behalf."
The City Attorney recommended the Commission reconsider the appointments in
view of this fact that the Mayor or member of this commission is not appointed to the
board, it is the Mayor, that the name of Bill Usher should be stricken as an appointed
member and no further action of appointing anyone should be taken.
A motion was made by Commissioner Losik, seconded by Commissioner Cooper to
accept the recommendation of the City Attorney to reconsider the appointments to the
Library Board on June 18, 1973, that the name of Bill Usher be stricken from the record as
an appointed member to the Library Board. Ayes: (4). Nays: (0). Motion carried.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE adopting
the 1973 edition of the uniform plumbing code, amending Section 9-200 of The Salina Code
and repealing the existing section." A motion was made by Commissioner Usher, seconded by
Commissioner Losik to adopt the ordinance as read and the following vote was had: Ayes:
Cooper, Losik, Usher, Weisgerber (4). Nays: (0). Carried. The Mayor approved the
ordinance and it is number 8290. The ordinance was introduced for first reading
June 25, 1973.
CITY ENGINEER reports on awarding the contract for Engineering project 73-555 B,
that all the administrative details have been completed and recommends the contract be
awarded to Smoky Hill Incorporated for $19,837.00. The motion was made by Commissioner
Losik, seconded by Commissioner Usher to accept the City Engineer's recommendation and
award the contract to Smoky Hill Incorporated for Engineering project 73-555 B in the amount
of $19,837.00, and to introduce the contract ordinance for first reading. Ayes: (4).
Nays: (0). Motion carried.
Ordinance Passed: Number:
None.
COMMISSION AGENDA
PUBLIC AGENDA
PETITION NUMBER 3333 was filed by Francis E. Baringer to change the name of the
circle on East Crawford, consisting of the Lots 14 to 18, inclusive, in Block 6, Rolling
Hills Addition from East Crawford Circle to Rolling Hills Circle. A motion was made by
Commissioner Losik, seconded by Commissioner Cooper to refer the petition to the
Metropolitan Planning Commission. Ayes: (4). Nays: (0). Motion carried.
PETITION NUMBER 3334 was filed by Leon L. Ashton requesting the vacation of the
MISCELLANEOUS AGENDA
Commissioner Losik asked for Commission approval to discuss office space for
a Regional Planning Commission.
In a short discussion the Commissioners mentioned that Beloit has offered
them everything and that County Commissioner Jim Martin has offered them space in the new
building at Kenwood Park. The Commissioners agreed to support the County position.
A motion was made by Commissioner Usher, seconded by Commissioner Losik that
the regular meeting of the Board of Commissioners be adjourned. Ayes: (4). Nays: (0).
Motion carried.
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D. L. Harrison, City Clerk
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alley in Block 4, Southern Heights Addition. A motion
was made by Commissioner Losik,
seconded by Commissioner Cooper to refer the petition
to the City Engineer
and Planning
for a recommendation. Ayes: (4). Nays: (0). Motion
carried.
TREE TREATING License application filed by Donald
D. Deatherage,
d/b/a Modern
Landscape, 616 West Crawford. (New Application) (Mr.
Deatherage has a current
license
for tree and shrub trimming). The City Clerk reported
that the applicant
has paid the
required fee and has the necessary bond and liability
insurance on file.
A motion was
made by Commissioner Losik, seconded by Commissioner Usher
to approve the
license
application and authorize the City Clerk to issue the
license. Ayes: (4).
Nays: (0).
Motion carried.
MISCELLANEOUS AGENDA
Commissioner Losik asked for Commission approval to discuss office space for
a Regional Planning Commission.
In a short discussion the Commissioners mentioned that Beloit has offered
them everything and that County Commissioner Jim Martin has offered them space in the new
building at Kenwood Park. The Commissioners agreed to support the County position.
A motion was made by Commissioner Usher, seconded by Commissioner Losik that
the regular meeting of the Board of Commissioners be adjourned. Ayes: (4). Nays: (0).
Motion carried.
xp)41� QtAl,� �--
D. L. Harrison, City Clerk
11