09-10-1973 MinutesTV,
City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
September 10, 1973
The Regular Meeting of the Board of Commissioners met in the Commissioners' Room,
City -County Building, on Monday, September 10, 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 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:
None
The Minutes of the Regular Meeting of August 27, 1973 and the Special Meeting
of August 31, 1973, were approved as mailed.
THE MAYOR PROCLAIMED the Week of September 17 through 23, 1973 - "CONSTITUTION
WEEK". The proclamation was read by Anna Laura Miller.
STAFF AGENDA
PUBLIC HEARING on the Unsafe Structure at 650 East Elm. (The hearing date was
established by Resolution Number 3152, which was adopted by the Board of Commissioners on
July 23, 1973.)
The property owner was not present. The City Manager reported that the
Inspection Department had neglected to deliver a copy of the Resolution to the property
owner, as required by State Law. A motion was made by Commissioner Cooper, seconded by
Commissioner Usher to adopt a Resolution entitled: "A RESOLUTION fixing the time and place
and providing for notice of a hearing before the Governing Body of the City of Salina,
Kansas, at which time the owner, agent, lienholders of record and occupants of 650 East
Elm Street in said City may appear and show cause why such structure should not be condemned
and ordered to be repaired or demolished as a dangerous or unsafe structure." (The
Resolution establishes October 29, 1973 at 4:00 o'clock as the time for public hearing)
Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0). Carried. The Mayor
approved the Resolution and it is numbered 3159.
BIDS were received for Community Theatre Site Improvements, Engineering
Project 73-560.
Smoky Hill, Inc.,
Engineer's Estimate
$22,816.00
22,990.50
A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to accept the
bid of Smoky Hill, Inc., as the low bidder, in the amount of $22,816.00, providing it
meets the specifications of the City Engineer, and to introduce the contract ordinance for
first reading. Ayes: (5). Nays: (0). Carried.
Ordinance Passed: Number:
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE ratifying
and confirming a contract with James A. Heckert, Contractor, 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 73-559 - Sidewalk Improvements.) 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 8301. The ordinance was introduced for
first reading August 27, 1973.
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AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE changing
the name of a certain cul-de-sac in Rolling Hills Addition to the City of Salina, Kansas."
(Requested in Petition Number 3333 which was filed by Francis E. Baringer). A motion was
made by Commissioner Cooper, 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 8302. The
ordinance was introduced for first reading August 27, 1973. (Rolling Hills Circle)
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." (Requested in Petition Number 3338, which was filed
by Morrison Grain Company for the rezoning of a tract of land in the NE4 of 11-14-3 from
District "A" (Second Dwelling House District) to District "F" (Light Industrial District).
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
8303. The ordinance was introduced for first reading August 27, 1973.
A MOTION was made by Commissioner Caldwell, seconded by Commissioner Losik to set
the date of September 24, 1973 as the date to receive bids for Slurry Seal Improvements and
to instruct the City Clerk to publish the notice to bidders. Ayes: (5). Nays: (0). Motion
carried.'
A LETTER was received from the Metropolitan Planning Commission recommending the
approval of Petition Number 3340 which was filed by Robert D. Henson, D.D.S. for the
rezoning of Lots 4 and 6, Block 6, Bonds Addition from District "A" (Second Dwelling House
District) to District "DD" (Office District). A motion was made by Commissioner Usher,
seconded by Commissioner Losik to accept the recommendation of the Metropolitan Planning
Commission and introduce the rezoning ordinance for first reading. Ayes: (5). Nays: (0).
Motion carried.
Ordinance Passed: Number:
THE CITY ENGINEER filed Final Estimate for Engineering Project 72-551 Part I for
Water and Sewer Improvements in Parkwood Village Addition, for Earth Excavation, Inc., in
the amount of $3,906.64. A motion was made by Commissioner Usher, seconded by Commissioner
Caldwell to approve the final estimate. Ayes: (5). Nays: (0). Motion carried.
THE CITY ENGINEER filed Final Estimate for Engineering Project 72-552 for
Sanitary Sewer Improvements for Brown and Brown Addition and 81 Drive-in, for Earth
Excavation, Inc., in the amount of $1,131.86. A motion was made by Commissioner Cooper,
seconded by Commissioner Caldwell to approve the final estimate. Ayes: (5). Nays: (0).
Motion carried.
THE CITY COMMISSIONERS considered an ordinance establishing service charges for
city refuse collection service within the City of Salina, Kansas, amending Section 31-17
and repealing the existing section.
Commissioner Losik commented, "I think what we have done in the past is to try
to take and make as many of these things, such as water rates, miany of the services we have,
to be put on an equitable basis. I am wondering what the purpose is of permitting each
dwelling of not more than three units to receive the same charge as each dwelling, because
there.you have three families being charged the same as you have a residence with one
family. I would think there should be an adjustment on that."
Mr. Harris replied, "When the refuse service was first put on the fee basis, it
was on the basis of a charge to each individual residence. I can't tell you how long it
remained that way, but we experienced many problems with these multiple dwellings in that
many of them are served by a common water meter. There were many debates about who's
container belonged to whom. We have many places in the City where there are basement
apartments, as an example. Sometimes we were aware of it, and other times we were not; so
after many problems along this line it was decided that, all things considered, this was the
best way to administer it. We are not saying this is 100% equitable. If you compare even
one family dwelling to another, it is not 100% equitable, because you get into the size of
the family and such things. Probably the most equitable type of a charge we could have
would be on a per container basis. There you get into a much more complex type of thing
calling for still more administration. To compare one individual living alone to a family
of six or eight people, you can readily recognize that a flat fee certainly is not equitable
for the service rendered. We took the position at the time, and the City Commission agreed
with it, that we are serving a premise, a property, whether it is one, two, or three units.
Where you have a duplex or a triplex, on an average, the number of people you are serving
will not be any more than many of your single family dwellings. I can assure you that when
we had it on a per unit basis, and in the case of these duplexes and triplexes, we were in
a continual hassel with people as to whether they had a private hauler, they were hauling
it themselves, or part of it, and the city hauling the other part of it. So this,
administration wise, turned out to be much the best deal, and we certainly agree, as I have
stated, that is not 100% equitable."
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Commissioner Losik commented, "I would like to see something worked out to get
it back to a unit basis because I can immediately see, if this is approved, where the city
is going to lose $144 a year under this set up, and there will be many more of these, so
I would like to see us go to a unit basis rather than the way it is."
After a lengthy discussion about the pros and cons of per unit billing, a motion
was made by Commissioner Usher, seconded by Commissioner Caldwell to introduce the proposed
ordinance for first reading. Ayes: Caldwell, Cooper, Usher, Weisgerber (4). Nays: Losik
(1). Motion carried.
Ordinance Passed:
Number:
A MOTION was made by Commissioner Caldwell, seconded by Commissioner Losik to
introduce an ordinance for first reading establishing a solid waste disposal area for the
City of Salina, Kansas, providing for the adoption of rules and regulations therefor; and
establishing a service fee to be charged for the use thereof." Ayes: (5). Nays: (0).
Motion carried.
Ordinance Passed: Number:
THE CITY COMMISSIONERS considered a report from the City Engineer recommending
that a "NO PARKING" zone be established on both sides of'Magnolia Road from South Ninth
Street to Highland Avenue. A motion was made by Commissioner Usher, seconded by Commissioner
Caldwell to accept the recommendation of the City Engineer and introduce and pass a
Resolution entitled: "A RESOLUTION authorizing the installation and marking of both sides
of Magnolia Road from South Ninth Street to Highland Avenue as a No Parking zone."
Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0). Carried. The Mayor
approved the Resolution and it is numbered 3160.
None
COMMISSION AGENDA
PUBLIC AGENDA
PETITION NUMBER 3347 was filed by C. L. Clark for the approval of the preliminary
plat of Lots 4 to 8, inclusive, Interstate District North of 1-70. A motion was made by
Commissioner Caldwell, seconded by Commissioner Losik to refer the petition to the
Metropolitan Planning Commission. Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3348 was filed by Margaret N. Friebus for the denial of Petition
Number 3321 filed by Gerald Knowles requesting rezoning from District "A" Agricultural to
District "DD" Office District.
Mayor Weisgerber explained to the interested residents of the area who were
present that the action taken by the City Commission two weeks ago was to table the
application of Mr. Knowles, so therefore, any action by this Commission on that petition
is not on the agenda. The only action required would be to refer this petition to the
City Clerk for the checking of the signatures.
The City Attorney commented, "You tabled the previous petition, the recommendation,
without any justification, so until you remove this from the table and take action on it,
I would assume all you want to do is to accept this protest petition, and submit it to the
City Clerk, or the City Planner, to determine whether or not the protest represents a
valid petition. By that I mean whether or not the protesters on the petition live within
the area that is subject to a legal protest, as defined by Statute; so I would think you
would want to know this at the time you actually take action on the other recommendation of
the Planning Commission. You can remove the petition from the table at any time, but I
would suppose that you would want to give some type of notice as to when you are going to
consider it in case people in the area do want to appear at that time."
The City Manager added, "I think, in addition to what Mr. Bengtson has said,
that you will want to know if the petitioners do represent 20% of those within the area
which does influence the vote. If there are 20% protesters on the petition then it must
carry your body by a 4/5 vote. If it is not termed a legal petition, then a simple
majority would be necessary to approve it."
A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to
refer Petition Number 3348 to the City Clerk for checking.
Commissioner Losik said, "I would like to know if we are going to set a date on
when this thing will be back on the agenda? I would like to include that in the motion,
if Bill would."
After a discussion about procedures, Commissioner Usher agreed to add to his motion
that the Knowles Rezoning Petition be considered at the meeting next week. Commissioner
Losik seconded the amended motion. Ayes:, (5). Nays: (0). Motion carried.
PETITION NUMBER 3349 was filed by The Masonic Temple Trustees, Owen E. Hodgson,
Secretary, for the vacation of an alley in the Original Townsite in the City of Salina,
Saline County, Kansas, being more particularly described as follows: The North 15 feet
of Lot 181 on Seventh Street, Original Townsite in the City of Salina, Kansas. A motion
was made by Commissioner Usher, seconded by Commissioner Caldwell to refer the petition
to the City Engineer for a recommendation. Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3350 was filed by The Masonic Temple Trustees, Owen E. Hodgson,
Secretary, for the vacation of an alley located in the Original Townsite in the City of
Salina, Saline County, Kansas, being more particularly described as follows: Beginning at
a point 35 feet south of the northeast corner of Lot 177 on Seventh Street, Original
Townsite; thence south a distance of 80 feet to a point 15 feet south of the northeast
corner of Lot 181 on Seventh Street; thence east 10 feet to a point 15 feet south of the
northwest corner of Lot 182 on Santa Fe Avenue; thence north a distance of 80 feet to a
point 35 feet south of the northwest corner of Lot 178 on Santa Fe Avenue; thence west
10 feet to the point of beginning. A motion was made by Commissioner Usher, seconded by
Commissioner Caldwell to refer the petition to the City Engineer for a recommendation.
Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3351 was filed by The Masonic Temple Trustees, Owen E. Hodgson,
Secretary, for the dedication of an alley located in the Original Townsite in the City of
Salina, Saline County, Kansas, being more particularly described as follows: Beginning
at a point 20 feet south of the northeast corner of Lot 177 on Seventh Street, Original
Townsite; thence west parallel to the north line of said Lot 177 a distance of 120 feet
to the west line of said Lot 177; thence south along the west line of said Lot 177 a
distance of 15 feet; thence east a distance of 120 feet to the east line of said tot 177
thence north 15 feet to the point of beginning. Said tract contains 0.041 acres, more
or less. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to
refer the petition to the City Engineer for a recommendation. Ayes: (5). Nays: (0).
Motion carried.
PETITION NUMBER 3352 was filed by The Masonic Temple Trustees, Owen E. Hodgson,
Secretary, for the dedication of a utility easement located in the Original Townsite in
the City of Salina, Saline County, Kansas, being more particularly described as follows:
Beginning at a point 35 feet south of the northeast corner of Lot 177 on Seventh Street,
Original Townsite; thence south a distance of 80 feet to a point 15 feet south of the
northeast corner of Lot 181 on Seventh Street; thence east 10 feet to a point 15 feet
south of the Northwest corner of Lot 182 on Santa Fe Avenue; thence north a distance of
80 feet to a point 35 feet south of the northwest corner of Lot 178 on Santa Fe Avenue;
thence west 10 feet to the point of beginning. A motion was made by Commissioner Usher,
seconded by Commissioner Caldwell to refer the petition to the City Engineer for a
recommendation. Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3353 was filed by the National Bank of America, Richard F. Renfro,
Vice President, for the approval of a plat for Meadowlark Acres. A motion was made by
Commissioner Caldwell, seconded by Commissioner Losik to refer the petition to the
Metropolitan Planning Commission. Ayes: Caldwell, Cooper, Losik, Weisgerber (4). Nays: (0)
Commissioner Usher abstained. Motion carried.
PETITION NUMBER 3354 was filed by George H. Wallerius, R. R. # 2, for the
rezoning of the East z of the South z of the SE! of Section 26-14-3 less a 9.94 acre tract
in the southeast corner, from District "A" (Agricultural) to District "D" (Local Business
District). A motion was made by Commissioner Usher, seconded by Commissioner Losik to
refer the petition to the Metropolitan Planning Commission. Ayes: (5). Nays: (0).
Motion carried.
A MOTION was made by Commissioner Losik, seconded by Commissioner Usher that the
Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion
carried.
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D. L. Harrison, City Clerk
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