11-08-1971 Minutes1
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City of Salina, Kansas
Commissioner's Meeting
November 8, 1971
The Regular Meeting of the Board of Commissioners met in the Commissioners'
Room, City"County Building, on Monday, November 8, 1971, 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 Robert C. Caldwell, Chairman presiding
Commissioner Leon L, Ashton
Commissioner Norma G, Cooper
Commissioner Mike Losik, Jr.
Commissioner Jack Weisgerber
comprising a quorum of the Board, also:
L. 0. Bengtson, City Attorney
W, E. Harris, Director of Administration
D. L. Harrison, City Clerk
Absent:
Norris D. Olson, City Manager
The Minutes of the Regular Meeting of November 1, 1971, were approved as
mailed.
STAFF AGENDA
THE MAYOR PROCLAIMED November 8 - 14, 1971 - "YOUTH APPRECIATION WEEK".
The proclamation was read by Allen Webber, President of the Optimist Club.
THE MAYOR PROCLAIMED November 6 - 13, 1971 - "WELFARE AWARENESS WEEK IN
SALINA." The proclamation was read by Rich Holston, a Kansas Wesleyan University
Student.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
annexing certain land to the City of Salina, Kansas, in conformity with the provisions
of K.S.A. 1970 Supplement 12-520. (Country Hills Addition Number 1 - requested in
Petition Number 3195, which was filed by George C. Etherington on September 14, 1971)
A motion was made by Commissioner Losik, seconded by Commissioner Ashton to adopt the
ordinance as read and the following vote was had: Ayes: Ashton, Cooper, Losik,
Weisgerber, Caldwell (5). Nays: (0). Carried, The Mayor approved the ordinance
and it is numbered 8183. The ordinance was introduced for first reading November 1,
1971.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
pertaining to regular and special meetings of the Board of Commissioners of the City
of Salina, and providing for executive sessions thereof, amending Section 2-24 of The
Salina Code and repealing the existing section." A motion was made by Commissioner
Ashton, seconded by Commissioner Losik to adopt the ordinance as read and the following
vote was had: Ayes: Ashton, Cooper, Losik, Weisgerber, Caldwell (5). Nays: (0).
Carried. The Mayor approved the ordinance and it is numbered 8184. The ordinance
was introduced for first reading November 1, 1971.
THE CITY ENGINEER reported on Petition Number 3204, which was filed by
Jack N. Stewart on October 19, 1971 for the construction of sewer and water lines and
facilities for Morton Addition to the City of Salina, Kansas. The City Engineer
reported that the area between the City Limits and Morton Addition on Diamond Drive is
not in the City Limits, and that it would be necessary to get an easement to install
water and sewer lines across the property. The City Attorney stated the City can
assess the property outside the city limits for improvements if a majority of the
property owners signed a petition asking for the improvement.
Mr. Jack Stewart, representing the petitioner, said steps are being taken to
bring the area into the city limits. (This is a portion of the area to be annexed with
County approval. The County Commissioners have not officially approved this yet.)
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It was suggested that Mr. Stewart get a majority of the property owners to
sign a petition for water and sewer improvements.
Commissioner Weisgerber asked if this area could now be annexed because Morton
Addition is in the city limits.
A motion was made by Commissioner Ashton, seconded by Commissioner Cooper to
refer the matter back to the City Engineer to get with Mr. Stewart and work out
something with the other property owners in the area. Ayes: (5). Nays: (0). Motion
carried.
THE CITY ENGINEER reported on Petition Number 3205, which was filed by
Steven J. Hill on October 26, 1971, for the installation of water and sewer main on
Woodland Avenue from Ohio Street to the east line of Lot 7, Block 1, Cloverdale Addition.
The City Engineer reported that 26% of the property owners signed the petition in favor
of the improvements and recommended the improvements be made. A motion was made by
Commissioner Cooper, seconded by Commissioner Losik to deny the petition.
Commissioner Weisgerber asked Commissioner Cooper why she wants the petition
denied. She said she feels the petition is not sufficient, with only 26% signing in
favor of the improvements. She has heard of no hardship cases or reports from the
Health Department. She mentioned that this is a very modest area and feels a majority
of the property owners should ask for the improvement.
Commissioner Losik said the property owners owning 700 front feet are in favor
of the improvement, and property owners owning 900 front feet are against it.
Commissioner Weisgerber feels the improvement should be made because the
owners who live there signed the petition. There is a lot of vacant land, and the
improvements will upgrade the area.
The Mayor called for a vote on the motion to deny the improvements. Ayes:
Cooper, Losik: (2). Nays: Ashton, Weisgerber (2). Mayor Caldwell voted to break the
tie and voted Aye, Motion carried.
A LETTER was received from the Salina City Planning Commission requesting
the City Commission change the name of Driftwood Road to Fairdale Road (in Riker Manor
Addition).
Commissioner Losik asked the City Planner when the street would be put through
to connect Fairdale Road to Driftwood Road. The City Planner said it is up to the
property owner, and at the present time the land is unplatted. The City Planner visited
with the one resident on the street, and he has no objection, if it is properly signed.
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A miction was made by Commissioner Ashton, seconded by Commissioner Losik to
accept the recommendation of the Salina City Planning Commission to change the name of
the street and to introduce an ordinance for first reading. Ayes: (5). Nays: (0).
Motion carried. Commissioner Losik suggested proper signs be installed immediately.
Ordinance Passed: Number:
A LETTER was received from The Salina City Planning Commission recommending
the approval of Petition Number 3169, which was filed by Central Supply Company, Inc.,
for the rezoning of the West 2.5 feet of Lot 12, all of Lot 13, and the East 32.5 feet
of Lot 14, Block 9, Replat of Garden Home Addition to District "EE" (Local Service
District). A motion was made by Commissioner Weisgerber, seconded by Commissioner
Cooper to accept the recommendation of the Salina City Planning Commission and approve
the rezoning and to introduce an ordinance for first reading. Ayes: (5). Nays: (0).
Motion carried.
Ordinance Passed: Number:
A LETTER was received from the Salina City Planning Commission recommending
the denial of Petition Number 3198, which was filed by Francis Gorrell for the rezoning
of Lots 2, 4, 6, and Lots 1, 3, 5, Block 16, Pacific Addition to District "F" (Light
Industrial District). A motion was made by Commissioner Weisgerber, seconded by
I Commissioner Ashton to accept the Salina City Planning Commission recommendation and
deny the petition. Ayes: (5). Nays: (0). Motion carried.
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Mrs. Nora Longbine, who lives in the area, was present, and wanted to see the
petition denied, because .they are trying to upgrade the north end of town.
A LETTER was received from the Salina City Planning Commission recommending
the denial of Petition Number 3200, which was filed by Barbara Lamer for the rezoning
of Lot 5, Sweeney Addition to District "D" (Local Business District). A motion was
made by Commissioner Losik, seconded by Commissioner Ashton to deny the petition.
Ayes: (5), Nays: (0). Motion carried.
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CITY ENGINEER filed preliminary estimates and feasibility report for proposed
street improvements, water mains, sanitary sewers and storm sewers, which had been
petitioned for by property owners. A motion was made by Commissioner Losik, seconded
by Commissioner Cooper to table it for one week because he feels the Commission has
not had time to read and understand the Engineer's feasibility report.
The Director of Administration suggested, by delaying action one week, they
could include the Morton Addition Improvements in the feasibility report, which would
then include all petitions on file, at the present time, for street improvements and
water and sewer.
The Mayor called for a vote on the motion to table for one week. Ayes: (5).
Nays: (0). Motion carried.
AN APPROPRIATION ORDINANCE was introduced entitled: "AN ORDINANCE making an
appropriation for the payment of certain claims." (bills - $1,160,929.30). A motion
was made by Commissioner Cooper, seconded by Commissioner Losik to approve the
appropriation ordinance for $1,160,929.30, less the amount of $1,961.24, which
Commissioner Cooper said is the cost of the two Commissioners going to Honolulu.
Commissioner Cooper stated we are here to run the City as efficiently as
possible, not to waste or spend taxpayers money on frivolous items, for benefits not
needed.
Commissioner Losik agreed with Mrs. Cooper, that the cost is too high for
what you receive.
Commissioner Ashton said we all represent the same people of Salina, andwe
need to pull together to solve the problems. There is a need to hear other people's
views and get new ideas, which you do at a meeting like this. The pre -commission
meetings helped to solve a lot of differences.
Commissioner Weisgerber mentioned he has been in private business and attended
such meetings, and they are always helpful, and thought Commissioner Cooper would
realize this if she attended one,
The Mayor called for a vote on the motion to adopt the ordinance less the
amount of $1,961,24. Ayes: Cooper, Losik (2). Nays: Ashton, Weisgerber, Caldwell (3).
Motion did not carry.
A motion was made by Commissioner Ashton, seconded by Commissioner Weisgerber
to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Weisgerber,
Caldwell (3). Nays: Cooper, Losik (2). Carried. The Mayor approved the ordinance and
it is numbered A-1603.
AN APPROPRIATION ORDINANCE was introduced and passed entitled: "AN ORDINANCE
making an appropriation for the payment of certain claims." (payroll - $99,794.60)
A motion was made by Commissioner Losik, seconded by Commissioner Cooper to adopt the
ordinance as read and the following vote was had: Ayes: Ashton, Cooper, Losik,
Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and
it is numbered A-1604.
COMMISSION AGENDA
COMMISSIONER COOPER REQUESTED the City Commission award the contract for
the 1971 Audit. A motion was made by Commissioner Cooper, seconded by Commissioner
Losik to award the contract to Woods and Durham for the 1971 Audit. Ayes: (5).
Nays: (0). Motion carried.
COMMISSIONER COOPER requested the City Commission review the Municipal Band
Budget. Commissioner Cooper said at budget time the City Commissioners discussed the
reconsideration of the $10,000.00 appropriated to the Municipal Band. She would like
to see the City have a volunteer band. At the present time, $1,000.00 is spent for
operating expenditures and $9,000.00 for band personnel salaries. She feels the members
of the Municipal Band should be given a chance to serve on a volunteer basis, as any
other board of commission.
Commissioner Losik feels the upkeep of the instruments, uniforms and
facilities should be paid from the $10,000.00, but no salaries.
Commissioner Ashton feels the budget is tight, and they do a good deal with
the money. They play in parades, concerts, and other functions during the year, and
he does not feel the Silver Sabres can fill this type of request.
The City Attorney suggested the City Commissioners ask for proposals from
the different groups, on a set number of parades, concerts, etc., they would give, and
present it to the City Commission for their consideration.
Mayor Caldwell said the Silver Sabres is a performing band. They do a certain
performance the entire year, which is not suitable for concerts.
A motion was made by Commissioner Cooper, seconded by Commissioner Losik
to have the City Commission reconsider the kind of service it wants from a Municipal
Band and to talk with the present Municipal Band about this. Ayes: (5). Nays: (0).
Motion carried.
COMMISSIONER LOSIK asked the City Commission to establish standards and
requirements for Merchant Police, Commissioner Losik moved that the City Attorney be I
instructed to get together with the Police Department, Sheriff's Office, Attorney
General and establish standards and requirements for merchant police. Commissioner f
j Cooper seconded the motion.
Commissioner Ashton asked the Director of Safety about Merchant Police.
The Director of Safety replied that the ordinance compares the Merchant Policeman to a
night watchman, and that there has been good cooperation with them, and they have been
a great help to the City. The City might require him to attend the Law Enforcement
Academy or take a course with the Police Department. They are allowed to carry
firearms, like any other citizen, as long as they are not concealed.
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The Mayor called for a vote on the motion that the City Attorney establish
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standards and requirements for Merchant Police. Ayes: (5). Nays: (0). Motion carried.
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j COMMISSIONER LOSIK asked the City Commission about the meeting dates, and how
many days are not available due to legal holidays, other meetings, etc. i
Commissioner Losik said the Commission might consider changing to another
date, but he doesn't want to. He would like it to be reviewed by the Director of
Administration by the next meeting, to see how many Mondays are not available due to
legal holidays and other meetings.
Mayor Caldwell said the Commission can call a special meeting any time there
are items to be discussed, that cannot wait for a regular meeting.
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Commissioner Ashton said the holidays could be used for executive sessions
for items such as board appointments, and various different field trips.
Commissioner Weisgerber would like to leave it as it is.
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The Director of Administration showed the City Commissioners a calendar of
1971. There are 6 holidays on Monday in 1971, and there will be 7 in 1972 because
Christmas will fall on a Monday.
A motion was made by Commissioner Ashton, seconded by Commissioner Weisgerber I
j to leave the Commission meeting day on Monday, as they are at the present time, and if
the need arises to call a special meeting. Ayes: (3). Nays: (1). Commissioner
Cooper abstained. Motion carried.
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COMMISSIONER LOSIK asked the City Commission to review purchasing practices.
(Reference to, but not limited to, receiving bids on all city insurance)
Commissioner Losik thinks the City is spending way too much money for insurance
and thinks it should get the best coverage for each dollar spent.
A couple of years ago, the City took bids for insurance on emergency vehicles
only, but are no longer required to do so. He would like to see the City Commission
take bids on all insurance.
Commissioner Cooper asked the City Attorney if the State had done the same
thing as the City. He said he did not know what she was referring to.
Mr. Murl Richmond read a prepared statement concerning the Salina Insurance
Board and what it has done for Salina during the past years. He said Salina gets as
good coverage for each premium dollar spent as anywhere in the country. He stated
that the Board spends several hours each year working on insurance information, etc.
for the City.
Commissioner Losik likes the competitive situation and wants the City to
take bids to see if we are getting the best coverage for each dollar spent.
Commissioner Weisgerber asked Murl Richmond about the State Universities.
Mr. Richmond said they fell into the bidding trap, and got cancelled when trouble hit
at Kansas University.
Commissioner Weisgerber asked Mr. Richmond how many belong to the Salina
Insurance Board. Mr. Richmond said the Board is no one agency or company, that it is
seven agencies, and about sixty agents.
Mr. Richmond said Wichita took bids on emergency vehicles and got cancelled
in mid year.
Commissioner Losik moved, in view of the facts presented, he would still
like to have the City take bids on all city insurance. The motion died for lack of
a second.
A motion was made by Commissioner Ashton, seconded by Commissioner Weisgerber
to use the same procedure to buy all city insurance as we have done in the past.
Ayes: Ashton, Weisgerber (2). Nays: Losik (1). Commissioner Cooper and Mayor Caldwell
abstained.
PUBLIC AGENDA
A LETTER was received from Shaver and Company requesting permission to install
signs outside the covered walkway at the southeast corner of Santa Fe and Walnut. The
Director of Administration recommended that the City Commission deny the request because
it would be in violation of the Salina Code, and to approve the request would require
an amendment to the ordinance.
Commissioner Ashton said if it is approved, the City would have signs all up
and down the sidewalk.
A motion was made by Commissioner Ashton, seconded by Commissioner Cooper to
deny the request, Ayes: (5). Nays: (0). Motion carried.
A REQUEST was received for right-of-way easement from the City of Salina, with
Rural Water District #3, in the Northeast Quarter (NE 1/4) of Section Twenty-three (23)
and the Northeast Quarter (NE 1/4) of Section Twenty-four (24), Township 15 South,
Range 3 West of the Sixth Principal Meridian.
The Directcr of Administration stated this had been approved by the City
Attorney and the City Engineer. One crossing had been approved by the Corps of Engineers,
and the other was in the process of being approved.
A motion was made by Commissioner Ashton, seconded by Commissioner Weisgerber
to authorize the Mayor to sign the agreement upon final approval of the Corps of Engineers.
Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3207 was filed by Dunlap Auto Inc., 221 North Santa Fe Avenue,
for the rezoning of Lots 4 and 5 plus the South 87 feet of Lots 2 and 3, Replat of the
West 1/2 of Block 10, Riker Addition, from Districts "D" and "A" to District "EE" (Local
Service District). A motion was made by Commissioner Weisgerber, seconded by Commissioner
Cooper to refer the petition to the Salina City Planning Commission. Ayes: (5). Nays: (0).,
Motion carried.
PETITION NUMBER
3208
was filed by M. Ethel Reeder for the denial of the
installation
line of Lot
of water and
7, Block 1, Cloverdale
sewer
main on Woodland Avenue from Ohio Street to the east
Addition. A motion was made by Commissioner Ashton,
seconded by
Commissioner
Losik
to accept the petition and instruct the City Clerk to
file. Ayes:
(5). Nays:
(0).
Motion carried.
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MR. RICHARD WORTH, Executive Director of the Housing Authority, and
Don McPhail, Chairman of the Housing Authority appeared before the City Commissioners to
I request approval of a change in the housing application.
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Mr. Worth stated that the funds are reserved for 100 existing houses, and
requested the application (for low rent housing) be changed from 60 existing units and
20 new construction to 100 existing units. He said FHA is getting out of the leasing
business; they have some 200 houses, and would like the Housing Authority to purchase 100.
Commissioner Losik asked if the houses are completely rejuvenated. Mr. Worth
said some have been, but the ones that have not been, the cost is deducted from the
purchase price. The cost of bringing tifie houses to 235 standards is approximately $5,000 each.
Commissioner Cooper asked Mr. Worth if HUD put their suggestion in writing.
Mr. Worth said they came in person, and wanted the Housing Authority to change their
application. Mr. Worth said the Housing Authority now has 153 houses leased from
all sources, 68 FHA houses are to be cancelled leaving 85; they want to purchase
100 units, making 185 units available. This is a net gain of 32 houses.
A motion was made by Commissioner Ashton, seconded by Commissioner Weisgerber
to accept the request of the Housing Authority and amend the application from 60 existing
units and 20 new construction, to 100 existing units. Ayes: Ashton, Cooper, Weisgerber,
Caldwell (4). Nays: Losik (1). Motion carried.
MR. D. L. JARBOE, Chairman of Youth Activities of the Civitan of Salina,
appeared before the City Commissioners concerning a Mayor's Cup (a traveling trophy)
for the winner of the Salina Central -Salina South football game each year. A motion
j was made by Commissioner Losik, seconded by Commissioner Weisgerber that the request
be approved.
Commissioner Ashton said he thinks it is a wonderful idea.
Commissioner Losik said the Civitan Club is doing a fine job without a lot of
fanfare,
The Mayor called for a vote on the motion to approve the request for a Mayor's
Cup. Ayes: (5). Nays: (0). Motion carried.
DR. LIVINGSTON, was again present asking the City Commissioners to demolish
the buildings and clear the site for the proposed Salina Community Theatre.
Commissioner Ashton asked the Director of Administration if the City crews
could do it.
The Director of Administration said if the City Commission said to do it,
we would do it, but other jobs would be sacrificed, I
Commissioner Weisgerber asked if there are any funds available in Contingencies.
The Director of Administration said there is probably six or seven thousand dollars in
the fund at this time.
Dr. Livingston stated they would like to let contracts for the construction
of the building in February, and Virg Lundberg would like 90 days to get the tennants out. I
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City Attorney said the City cannot clear the site with City funds until the
property is in the City's name.
Dr. Livingston said the contract states the City does not get the land and
building until the building is completed, j
Commissioner Losik wondered if, from a legal standpoint, the Salina Community
Theatre could pay for the demolition and the City reimburse them, when the building is
completed.
The Director of Administration suggested the City be given a week to get
together with the Director of Services and a wrecking firm and the Salina Community
Theatre, to see what the cost might be for clearing the site.
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A motion was made by Commissioner Losik, seconded by Commissioner Weisgerber
to table for one week. Ayes: (5). Nays: (0). Motion carried.
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A LETTER was received from Carl Ramsey, of the Siler Agency, asking the City
Commissioners about the possibility of the City selling a tract of land located east
of North US 81 and south of the flood control dike. A motion was made by Commissioner
Losik, seconded by Commissioner Cooper to refer it to the City Engineer for a report.
Ayes: (5). Nays: (0). Motion carried,
A LETTER was received from Lee Haworth Construction Company, Inc., requesting
a re-evaluation of Resolution Number 3064. This is the Resolution which requires a
petitioner to pay 50% of the improvements in an undeveloped area.
A motion was made by Commissioner Weisgerber, seconded by Commissioner Cooper
to refer the request to the City Engineer and Planning Department for a report to see
if they can come up with suggestions and ideas.
Commissioner Losik read from the minutes of April, 1970, when the Resolution
was passed, The Commission made a decision at this previous meeting and it should stand.
Commissioner Weisgerber feels we have two special situations now, that need
reviewing.
Commissioner Ashton suggested that a surety bond be put up (for approximately
$15.00 a thousand) to guarantee the 50% required, so the contractors working capital
would not be tied up.
Commissioner Losik suggested the Resolution should be changed at this time.
The Director of Administration said this particular petition for improvements
is .included in the feasibility report, which has been tabled one week.
The Mayor called for a vote on the motion to refer the request to the City
Engineer and City Planner for a report. Ayes: (5). Nays: (0). Motion carried.
A motion was made by Commissioner Cooper, seconded by Commissioner Ashton
that the Regular Meeting be adjourned, Ayes: (5). Nays: (0). Motion carried.
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D. L. Harrison, City Clerk