03-02-1970 MinutesCity of Salina, Kansas
Commissioners' Meeting
March 2, 1970
The Regular Meeting of the Board of Commissioners met in the Commissioners' Room,
City -County Building, on Monday, March 2, 1970, at four o'clock p.m.
There were present:
Mayor Donald D. Millikan, Chairman presiding
Commissioner Leon L. Ashton
Commissioner Robert C. Caldwell j
Commissioner Carl R. Rundquist
Commissioner William W. Yost
comprising a quorum of the Board, also:
L. 0. Bengtson, City Attorney
Norris D. Olson, City Manager
D. L. Harrison, City Clerk
Absent:
i None
The Minutes of the Regular Meeting of February 16, 1970, were approved as mailed.
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." (Improvements
around the new high school site - Engineering Job 512) A motion was made by Commissioner
Caldwell, seconded by Commissioner Rundquist to adopt the ordinance as read and the
following vote was had: Ayes: Millikan, Ashton, Caldwell, Rundquist, Yost (5). Nays: (0).
Mayor approved the ordinance and it is numbered 8070. Carried. Ordinance was introduced
for first reading February 16, 1970.
An ordinance was introduced for second reading entitled: "AN ORDINANCE providing
for the use of metallic conduit or metal raceways for enclosing electric wiring; amending
Section 9-185 of The Salina Code and repealing said original section." A motion was made
by Commissioner Yost, seconded by Commissioner Ashton to adopt the ordinance as read and
the following vote was had: Ayes: Millikan, Ashton, Caldwell, Rundquist, Yost (5).
Nays: (0). Mayor approved the ordinance and it is numbered 8071. Carried. Ordinance
was introduced for first reading February 16, 1970.
The City Manager reported on Petition Number 3095, requesting 2 street lights on
West Euclid, filed by Foster McBride, and recommended that the 2 street lights be installed.
A motion was made by Commissioner Rundquist, seconded by Commissioner Ashton to accept the
City Manager's recommendation and approve the street lights. Ayes: (5). Nays: (0).
Motion carried.
A letter was received from the Salina City Planning Commission recommending the
approval of the zoning of Lots 1 - 11 Upper Mill Heights Addition Number 2 to District "AA"
(First Dwelling House District) and Lot 12 Upper Mill Heights Addition Number 2 to
District "C" (Apartment District under the Community Unit Plan). Zoning was requested in
Petition Number 3090, filed by Aubrey G. Linville, Vice-president of Upper Mill Development
Company, Inc., on January 13, 1970. A motion was made by Commissioner Rundquist, seconded
by Commissioner Ashton to accept the Salina City Planning Commission recommendation and
introduce an ordinance for the rezoning for first reading. Ayes: (5). Nays: (0).
Motion carried.
Ordinance Passed: IVIo,��,�, Qr 1 Number: Qo7z,
The City Commissioners considered an ordinance amending Section 32-218(5) of The
Salina Code, pertaining to the installation of curb sidewalks within the City. A motion
was made by Commissioner Rundquist, seconded by Commissioner Ashton to introduce an
ordinance for first reading to amend Section 32-218(5) of The Salina Code. Ayes: (5).
Nays: (0). Motion carried.
Ordinance Passed: (�(��ej q 1 0 Number: X073
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Commissioner Ashton had noticed that sidewalks installed in new additions were
broken up badly during the construction of homes and wondered what could be done. The
City Manager explained the reason that sidewalks are installed in the new additions, if
they were not, they would build one house here, one there, leaving vacant lots without
sidewalks for long periods of time. Commissioner Ashton wants to know if the walks could
be planked.
Keith Armstrong, Salina Fire Department, representative of Local Fire Fighters
Union 782, stated the reason given by the City Manager for his suspension was not justified.
There were several fire fighters and wives present supporting him.
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The Mayor explained that the City Commissioners were aware of the situation and
asked the City Attorney the legal standing of the City Commission in this situation. The
City Attorney said there is no contract between the City and Local 782. He (the City
Attorney) informed the City Commissioners and the Fire Fighters that this is an
administrative action and if the City Commissioners lift the suspension, they would be in
violation of the State Law.
Mr. Armstrong asked "Is this always the end of a grievance"? "What course can
we take?". The Mayor stated,"There has to be an end somewhere, I guess this is it".
John Kippley, Assistant Professor at Marymount College, and a tax payer, was
present speaking in favor of the Fire Fighters Union. He felt Mr. Armstrong was mistreated
in his suspension and wants an outside committee to investigate the suspension. He thinks
there should be a just procedure in handling grievances, and feels the employees should
have the right to organize and bargain freely without intimidation.
Joseph McMahon, representing International Association of Fire Fighters,
Washington, D. C „ feels the man, Mr. Armstrong, represents 71 fire fighters, who, all but
19, are members of the local union.
The City Attorney asked Mr. McMahon what his position is in this situation.
Mr. McMahon said he is a bargaining agent for the Union, representing Mr. Armstrong, and
is here to have his (Mr. Armstrong's) suspension lifted because the International Union feel'',s
this man has been discriminated against because he is the local union president.
Commissioner Rundquist remarked that the City Manager was not on trial here.
He mentioned that three department heads attended this meeting and recommended that
Mr. Armstrong be fired. Mr. Olson, after reviewing Mr. Armstrong's record, decided only
to suspend him for a two week period for insubordination.
Commissioner Rundquist remembers a retirement party held by the Firemen. Russell
Caswell was the Master of Ceremonies and mentioned how appreciative they (the firemen)
were with the new work schedule. They now would be able to take summer vacations with
their families. Russell Caswell stated they were happy with the new agreement concerning
the work schedule. He mentioned a verbal agreement with Chief Travis that additional
firemen would be hired within three to four years so vacations would be allowed without
working for one another.
Jerry Newfeld, President of the Kansas State Council of Fire Fighters also asked
the City Commissioners to lift Mr. Armstrong's suspension. He stated he did not know that
the department heads had recommended that Mr. Armstrong be fired.
Jim Martin, a fire fighter, felt the fire fighters should have their vacations
and that Armstrong's suspension should be lifted.
Mr. McMahon asked the Mayor if they were going to take any action. The Mayor
said, "no", and moved into New Business.
Petition Number 3096 was filed by Clarence E. Rathbun for the installation of a
street light in the 300 block of East Beloit at the east side of the slough between Quincy
Street and the slough. A motion was made by Commissioner Rundquist, seconded by Commissioner
Yost to refer the petition to the City Manager for checking. Ayes: (5). Nays: (0).
Motion carried.
Petition Number 3097 was filed by Research Products Company, by Jim Allen, for
the installation of water main service from the present line to 1835 East North Street (from
Idlewilde Place, 1600 feet east). A motion was made by Commissioner Yost, seconded by
Commissioner Caldwell to refer the petition to the Engineering Department for checking.
Ayes: (5). Nays: (0). Motion carried.
The Commissioners considered a request from the Hanson Development Company,
Jon F. Hanson, President, for the extension of water and sewer line to serve the proposed
shopping mall at Magnolia Road and 81 Highway. A motion was made by Commissioner Caldwell,
seconded by Commissioner Ashton to authorize the Mayor to sign the agreement. Ayes: (5).
Nays: (0). Motion carried.
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Petition Number 3098 was filed by Jack and Maybelle Beverly for the approval
of the preliminary plat of Northview Addition (East of Front Street and North of Pacific
Street). A motion was made by Commissioner Yost, seconded by Commissioner Rundquist to
refer the petition to the Salina City Planning Commission. Ayes: (5). Nays: (0).
Motion carried.
Petition Number 3099 was filed by Jack and Maybelle Beverly for the rezoning of
a tract of land in the West of of the Southeast Quarter of Section 1, T 14 S, R 3 W,
(Northview Addition) to District "G" (Heavy Industry). A motion was made by Commissioner
Rundquist, seconded by Commissioner Ashton to refer the petition to the Salina City
Planning Commission. Ayes: (5). Nays: (0). Motion carried.
A tree trimming and treating license application was filed by Lowell Montgomery
d/b/a Montgomery Pest Control, Bridgeport, Kansas. A motion was made by Commissioner Yost,
seconded by Commissioner Caldwell to approve the license. Ayes: (5). Nays: (0).
Motion carried.
A tree trimming license application was filed by John Shaw d/b/a Shaw Tree
Service, 914 South Chestnut, McPherson, Kansas. A motion was made by Commissioner
Caldwell, seconded by Commissioner Yost to approve the license. Ayes: (5). Nays: (0).
Motion carried.
A motion was made by Commissioner Rundquist, seconded by Commissioner Ashton to
introduce an ordinance for first reading levying special assessments for sidewalks on
Cloud and Hageman Streets, near Hageman School (Engineering Job 502). Ayes: (5).
Nays: (0). Motion carried.
Ordinance Passed: ma, A- 4+ !9 7o Number: 074
A Cereal Malt Beverage License application was filed by John W. Landes d/b/a
Landes Oil Company at 1118 North 9th, for package sales only. A motion was made by
Commissioner Yost, seconded by Commissioner Ashton to approve the license. Ayes: (5).
Nays: (0). Motion carried.
A Cereal Malt Beverage License application was filed by Donald C. Jarvis d/b/a
Don's Northside Fina, 1615 North 9th, for package sales only. A motion was made by
Commissioner Ashton, seconded by Commissioner Rundquist to approve the license. Ayes: (5).
Nays: (0). Motion carried.
Driveway permits for 908 East Crawford for J. B. Land Company were considered by
the Commissioners. Request was to widen one drive from 15 feet to 50 feet, and one drive
for 60 feet. The Engineering Department can approve driveways only up to 30 feet.
Assistant City Engineer recommended that the 30 foot driveway is sufficient. A motion was
made by Commissioner Ashton to table the request for one week. Motion died for lack of
a second. A motion was made by Commissioner Rundquist, seconded by Commissioner Yost to
deny the request for additional width for the driveways at 908 East Crawford. Ayes:
Millikan, Caldwell, Rundquist, Yost (4). Nays: Ashton (1). Motion carried.
An ordinance was introduced and passed entitled: "AN ORDINANCE making an
appropriation for the payment of certain claims." (payroll -$83,101.42) A motion was
made by Commissioner Ashton, seconded by Commissioner Rundquist to adopt the ordinance as
read and the following vote was had: Ayes: Millikan, Ashton, Caldwell, Rundquist, Yost (5)
Nays: (0). Mayor approved the ordinance and it is numbered A-1522. Carried.
An ordinance was introduced and passed entitled: "AN ORDINANCE making an
appropriation for the payment of certain claims." (bills -$1,858,485.38) A motion was
made by Commissioner Ashton, seconded by Commissioner Rundquist to adopt the ordinance as
read and the following vote was had: Ayes: Millikan, Ashton, Caldwell, Rundquist, Yost (5)
Nays: (0). Mayor approved the ordinance and it is numbered A-1523. Carried.
An ordinance was introduced and passed entitled: "AN ORDINANCE making an
appropriation for the payment of certain claims." (payroll -$92,507.58) A motion was
made by Commissioner Ashton, seconded by Commissioner Rundquist to adopt the ordinance as
read and the following vote was had: Ayes: Millikan, Ashton, Caldwell, Rundquist, Yost (51).
Nays: (0). Mayor approved the ordinance and it is numbered A-1524. Carried.
A motion was made by Commissioner Yost, seconded by Commissioner Rundquist to
authorize the Mayor to appoint a Committee of Various Interest Groups to bring
recommendations to the City Attorney so he can draft a Fair Housing Ordinance within
30 days to present to the City Commissioners for their consideration. Ayes: (5). Nays: (0
Motion carried. George Johnson suggested two members of the Real Estate Board be included
on the committee.
On a motion by Commissioner Ashton, the Board of Commissioners adjourned.
D. L. Harrison, City Clerk
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