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07-16-1973 Minutes14" City of Salina, Kansas Regular Meeting of the Board of Commissioners July 16, 1973 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, July 16, 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 Robert C. Caldwell Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. Commissioner William Usher comprising a quorum of the Board, also: L. 0. Bengtson, Norris D. Olson, D. L. Harrison, Absent: None City Attorney City Manager City Clerk The Minutes of the Regular Meeting of July 9, 1973, were approved as mailed. STAFF AGENDA A MOTION was made by Commissioner Caldwell, seconded by Commissioner Usher to set the date of August 6, 1973, as the date for the Hearing of the 1974 City Budget, as it has been amended, and to instruct the City Clerk to publish the notice. Commissioner Losik commented, "I have one thing to bring up. That is that we changed the budget but as we had discussed this in detail, but an area in this budget is regarding the Firemen's and Policemen's Pension Funds. I got working on that after we had looked it over and between now and the first of the year we should adjust this. We increased the mill levy to increase the reserve, but the only point is we ran out of two areas. We have two types of pensions, but being funded with the same percentage of contributions, but the benefits under those differ. Now we need to have an equalization there, plus the fact that the people who are under the old pension system and were paying 3% are now required to contribute 7% and this in itself being actually a 4% increase, this automatically wipes out the 4.7% cost of living increase for people in those two departments; so if we do make these adjustments actually they will have to be made out of Revenue Sharing Funds, because we have no other way of going about it." Mayor Weisgerber said, "Follow me now on this Norris and Larry, if I am correct in this, but so far as the budget hearing is concerned, the only thing that we discussed that is critical to today or to the publication of this notice is the half mill levy increase, that has to go in and be published under this authorization. If it isn't, then we can't do it, but what I am trying to say is that this is the only thing that is critical to what we are doing here today." The City Manager replied, "In addition to that, you should also take action to file or to publish the amended pages as they relate to Solid Waste, Sanitation, Fire Pension, City Commission and Contingencies." Commissioner Losik said, "Well, Jack, really you are correct in that, other than the budget hearing date to be established, I brought that up, because when we were discussing this we went and discussed this pension fund, which we knew was a critical area, but again in digging into it deeper we found these others, that even though it doesn't pertain specifically to establishing the budget hearing date it is an item that we will probably have to work on prior to the first of the year, when this goes into effect, to try to equalize it; and that if we do and there is money required, there is only one source of funds, and that would be Revenue Sharing." Mayor Weisgerber said, "We considered one time, I know, and I still have in the back of my mind we may use some Revenue Sharing in this particular area. We do need to have another meeting to go over this Revenue Sharing the first chance we get to get together." Commissioner Losik said, "I know at the time when we agreed to increase the mill levy in this area we felt this would take care of it, but in checking through and going through the figures we do have these inequities, which have to be worked out." 1 1 L Mayor Weisgerber said, "Well, then, if we add this half mill in, Norris, should we then in this motion include the solid waste disposal fee and the sanitation collection fees, should they also be a part of this motion as an amendment to the proposed budget?" The City Manager replied, "I think what we need in the minutes, Mr. Mayor, is a motion duly made and seconded to amend this document, in whatever fashion you choose to amend it, for publication. Don will be publishing the line items that relate to all of the funds in the General Operating Fund and his balances should also reflect the changes that youwere talking about the other evening, if you choose to put them in. What I am talking about are these corrected pages where we have drawn a line through and put new totals in. These totals, if this is your wish, should appear in the budget that Don publishes. I think you can handle all of those items right now if you want to, because they are going to be part of the budget publication." Commissioner Losik said, "Larry, from the legal standpoint, what is required here?" The City Attorney replied, "I would say, as far as your budget, all you are going to do today to the budget is give it tentative approval for publication, period; as you have it before you, I assume that what Mr. Olson was talking about since the proposed budget was first distributed, you did make some changes, and so the budget as changed should be approved for publication and a public hearing set. Technically this is all you need to do with the budget." Mr. Harris asked, "Mr. Olson, if we had a,motion to publish the budget with the grand total of $7,615,546.63, isn't that all that would be necessary?" Mr. Olson replied, "That is all that is necessary, only that the other evening, when you were not in official session, you did make some changes to some line items in this budget and we have penciled those and sent them to you. If you have a motion that the budget be published as amended by these pages, that is all that we need." Mayor Weisgerber said, "We have a motion to set the date and authorize the City Clerk to publish the notice of the budget as amended. (Firemen's Pension Fund, Sanitation, Solid Waste Disposal and line items in the City Commission and Contingency Funds) Mayor Weisgerber called for a vote on the motion. Ayes: (5). Nays: (0). Motion carried. Commissioner Cooper asked, "Does this mean at the time of adoption, say August 6th, whenever we end up with the budget for 1974, does this mean at that time it would be the proper place to emphasize and stress the fact that we are going to make these changes and these adjustments in the 1974 Budget?" Mr. Olson asked, "At the time of the hearing." Commissioner Cooper replied, "Yes." Mr. Olson said there will be stories from time to time and comments through the news media too, I am sure in the interim. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE ratifying and confirming a contract with Brown & Brown, Inc., for the construction of certain improvements in the City of Salina, Kansas, and providing for the issuance of temporary notes to pay the cost thereof, pending the issuance and sale of bonds." (Engineering Project 73-555 A for asphalt paving and water mains.) 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 8292. The ordinance was introduced for first reading July 9, 1973. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the vacation of the North and South Alley in Block 4, Southern Heights Addition to the City of Salina, Saline County, Kansas." (Requested in Petition Number 3334, which was filed by Leon L. Ashton) 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 8293. The ordinance was introduced for first reading July 9, 1973. THE COMMISSIONERS reconsidered a letter from the Metropolitan Planning Commission recommending the approval of the rezoning requested in Petition Number 3329 , which was filed by the National Bank of America, subject to two restrictions: 1. the request be amended to District "D" (Local Business District) from the original request of "E" (General Business District), and 2. an additional 20 feet of right-of-way be dedicated along Magnolia Road in order to comply with an 80 foot right-of-way requirement for major arterials. (Action was deferred from the July 9, 1973 meeting, at the request of the petitioner) 10 The Commissioners received a letter from the National Bank of America requesting the petition be referred back to the Metropolitan Planning Commission to submit additional data in regard to condition number 2, of the Planning Commission's letter, to the City Commission, dated July 5, 1973. A motion was made by Commissioner Cooper, seconded by Commissioner Losik to refer the petition back to the Metropolitan Planning Commission for reconsideration, at the request of the petitioner. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA THE COMMISSIONERS considered fees for Solid Waste Disposal. A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to instruct the City Attorney to draft an ordinance establishing fees for the use of the Sanitary Landfill, to be in effect October 1, 1973. Ayes: (5). Nays: (0). Motion carried. THE COMMISSIONERS considered a rate adjustment in the Sanitation Collection fees. A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to instruct the City Attorney to draft an ordinance amending the fees for Sanitation Collection, to be in effect October 1, 1973. Ayes: (5). Nays: (0). Motion carried. "CONSIDERATION of Data Processing Equipment for the City Clerk's Office and Water and Sewerage Department." (Sponsored by Commissioner Usher) Commissioner Usher said, "The purpose of this item is to receive the approval of the Commission to expend $78,050.00 of Revenue Sharing Funds to purchase a Systems 3, I.B.M. Computer. The budget is pretty well predicated to the fact that we do purchase the equipment, and in order to have it available for us by January 1, we should get the order in right away." 1 A MOTION was made by Commissioner Usher, seconded by Commissioner Losik to purchase a Systems 3, I.B.M. Computer, from Revenue Sharing Funds for $78,050.00. Commissioner Cooper said, "I agree that this has been under consideration for some time, but I am curious to know, evidentally staff also prefers the I.B.M. equipment, how many different kinds of computers did you view?" Mr. Harrison replied, "We had a proposal from NCR on the lease of a Century 50 and from Electronics, Inc., to do our accounting and water billing off premises. We felt the I.B.M. equipment would do a better job and it would be right here in the building. We took these proposals some time ago, and of course, there are continual changes. One day they have this system, and the next day they have something else. We still feel this is the best buy for the City. We went to Coffeyville and visited their equipment which is the same thing we are asking for, and we were very much impressed with it." Commissioner Cooper thanked him for the information. Mayor Weisgerber called for a vote on the motion. Ayes: (5). Nays: (0). Motion carried. THE COMMISSIONERS CONSIDERED a Resolution regarding the sale of Northeast Industrial Park property to Salina, Inc. The Commissioners discussed the Resolution as to whether its contents covered the necessary items required by HUD. The City Manager said he talked with Mr. Bernsten last week and, "to our knowledge it covers all points that he requested in a joint meeting with the Commission, Urban Renewal and representatives•of the Chamber of Commerce." Commissioner Losik asked about a "stipulation regarding this particular parcel of land to eliminate speculation on this matter. Would this be between Urban Renewal and the purchaser in their contract, or should this be in our Resolution?" The City Attorney reported he talked with Mr. Worth of Urban Renewal. He said their contract to sell is on the specific condition that it would be developed immediately by Campus, and that they would build the building. The sale to Salina, Inc. is conditional expressly on the condition that Campus purchase it and construct a building on it. If they do not do this, then the sale would not be consumated." A motion was made by Commissioner Usher, seconded by Commissioner Losik to adopt a Resolution entitled: "A RESOLUTION pertaining to the sale of a portion of the land located in the Urban Renewal Project, Kans. R-29," and authorize the Mayor to sign it. Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3150. PUBLIC AGENDA PETITION NUMBER 3335 was filed by Roger Morrison for the vacation of a portion of Woodland Avenue and North Thirteenth Street. A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to refer the petition to the City Engineer and Planning Department for a recommendation. Ayes: (5). Nays: (0). Motion Carried. A TREE TREATING License Application was filed by Marvin E. Prater, d/b/a Twin Valley Garden Center, 440 North Ohio. (New application) The City Clerk reported Mr. Prater has just received his State License Number, and that is the reason for this request. He has paid the proper fee, and has the required surety bond and public liability insurance 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. A TREE TRIMMING License Application was filed by Ray Kline, d/b/a Kline's Landscaping, Route # 1, Salina. (New application) The City Clerk reported the applicant has paid the proper fee, and has the required surety bond and public 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: (5). Nays: (0). Motion carried. AN APPLICATION FOR PARDON under K.S.A. 13-515 was filed by Robert Saltzman. A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to take it under advisement. Ayes: (5). Nays: (0). Motion carried. THE COMMISSIONERS listened to a request from G. N. Waddell, Dr. Dave Fancher, and Marlene Moore for a municipal paper recycling system. A written proposal had been presented earlier. A motion was made by Commissioner Usher, seconded by Commissioner Losik that the staff be instructed to make a feasibility study and report back by December 1st, 1973. Ayes: (5). Nays: (0). Motion carried. These people presented the advantages of a municipal recycling project. Mrs. Glorine Shelton, President of the League of Women Voters, spoke in favor of the project. Mayor Weisgerber commented, "We will be changing the landfill location, that ties in with what you want to do, but in doing this, we are going to try to put the sanitation collection system - landfill operation on a fee basis, so that it will not be on the tax roll. We are going to go on this new location to gate fees. This is a new area in which we go, and it is going to require a little bit of experimentation to see if we have the right fees established. There will be some problems, and I know the County is particularly concerned about this - the people who may choose to dump along the road or off a bridge or in the creek, instead of going out there and paying a gate fee. We are going to want cooperation, and we will have to have some enforcement on this. It may also create, and probably will, in the estimation of our staff people who deal with this, an extra load on our trucks. As it is now, people clean out their garage or basement, put it on a truck or in the trunk of their car and run it out to the landfill. Now, if you go out there you will have to pay at least some fee; so instead of doing this, some will now stack it on the parking and let the city trucks pick it up and haul it out there. It won't cost money this way. We can't tell how much extra load will be put on our own trucks when we go to gate fees at the new location. The idea of wire baskets on the trucks isn't going to work in Salina because of -the narrow alleys, and the width of the trucks, and the legal limits, and so forth. We are interested in doing this, maybe not quite as quickly as you might like. I think our feeling is that we have to get this new thing started, and see a little bit how it works and take one thing at a time." Commissioner Losik commented, "I don't think there is anybody here opposed to this thing, I think what our biggest concern was the biggest problem before we go ahead and add on to the already large problem. This is the collection system and the new sanitary landfill. I feel very confident that we can resolve this, and I think Jack's statement that we are going to have to have a little time to do it, to work on the big problem first and then tack this one right in. There is no question that this is a coming thing and that we are going to have to be faced with it. I think we are in agreement, we must do it. How to do it, how to do it economically and phase it in so as not to disrupt the big problem that we are trying to solve, and then also to see about a uniform, across-the-board complete pickup because if only the city trucks are involved in the collection of it, what do we do about the ones the private haulers are doing? How is this going to be implemented? These are points that we are wanting to get some answers to and try to work out and coordinate. I feel it is definitely a must. I think we will be getting into it, but I don't feel we should do this first and then go ahead and try and resolve our big problem of the ovarall city trash collection and the overall city solid wasts disposal site." A motion was made by Commissioner Usher, seconded by Commissioner Losik that the staff be instructed to make a feasibility study and report back by December 1st, 1973. Ayes: (5). Nays: (0). Motion carried. IiW A LETTER was received from Dennis Poer, Salina Community Theatre Association, notifying the City of Salina that the building has been completed as agreed, and now is to be turned over to the City for ownership and use. Dr. Livingston was present, and thanked the Commission individually and collectively for the cooperation they have shown throughout the 3 or 4 years of this project. "We feel the building, as it is built, is going to be a terriffic addition to the community. I know there are a lot of organizations that have already asked to use the building." s Mayor Weisgerber commented that they certainly got off to a good start with the presentation of the Music Man. Commissioner Losik asked Dr. Livingston if the Community Theatre received credit for the accoustical panels which were not installed as the building was built. Dr. Livingston replied that, "Johnson Builders have subtracted the cost of the panels at the moment, until we decide we want them,but they are going to be continued at the same rate that they would have built them originally." A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to accept the Community Theatre Building. Ayes: (5). Nays: (0). Motion carried. A REQUEST was received from the Union Pacific Railroad Company regarding funds to be used for the installation of automatic crossing signals to be installed at Ohio Street, Santa Fe Avenue, and Ninth Street. Mrs. Inez Young, who operates the liquor store at 501 North Ninth Street, was present, protesting that the cross arms will make the traffic snarls worse than they are with the crossing guard. She said that north Salina has enough draw backs, without another one. A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to refer the request to the Traffic and Engineering for a recommendation. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Caldwell, seconded by Commissioner Usher that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. D. L. Harrison, City Clerk