08-07-1978 MinutesCity of Salina, Kansas
Regular Meeting of the Board
of Commissioners
August 7, 1978
The Regular Meeting of the Board of Commissioners met in the City
Commission Meeting Room, City -County Building on Monday, August 7, 1978, at four
o'clock p.m.
The Mayor asked everyone to stand for the opening ceremony.
There were present:
Mayor Jack Weisgerber, Chairman presiding
Commissioner Keith G. Duckers
Commissioner Dan S. Geis
Commissioner Karen M. Graves
Commissioner Gerald F. Simpson
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 July 31, 1978, and the Special
meeting of August 1, 1978 were approved as printed.
STAFF AGENDA
THE COMMISSIONERS considered an ordinance for second reading entitled:
''AN ORDINANCE providing for the amendment of Ordinance Number 8526, the same
being Chapter 36 of the Salina Code 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.'' [Zoning Application 78-8 filed
by E. W. Yockers for the rezoning of Lots 25 and 27, on Minneapolis Avenue,
Addition to the Grounds of Kansas Wesleyan University, from R-1 to R-2 (Multiple
Family Residential).]
PETITION NUMBER 3720 was filed by Phyllis and Ernest Berndt, protesting
the proposed change of zoning for property described in Zoning Application 78-8
at 312-314 East Minneapolis.
THE CITY PLANNER reported on Protest Petitions 3708, 3710, 3711, 3712,
3713, 3714, 3715, 3716, 3720, protesting the proposed change of zoning for
property described in Zoning Application 78-8 at 312-314 East Minneapolis, that
the protest petitions represent 47.02% of the total protest area and will require
a 4/5 vote of the City Commission to adopt the ordinance.
A LETTER was received from Gene Yockers requesting the second reading
of the ordinance providing for the rezoning of Lots 27 and 27 on Minneapolis
Avenue, Addition to the Grounds of Kansas Wesleyan University, be postponed
until August 21, 1978, as he will be out of town during the August 7th and
August 14th Commission meetings.
Bob Constable, Attorney representing several property owners surroundin
the area to be rezoned was present and asked the City.Commission to act on the
zoning matter at this time, as a substantial number of people are present who
are interested in the matter. hie approached the bench and showed the Commissione
pictures showing the single family residential character of that area.
Commissioner Geis said in consideration of the people that are here
that came for this, and the late notice of Mr. Yockers, I think we might as well
go ahead and act on it.
A MOTION was made by Commissioner Simpson, seconded by Commissioner
Duckers to adopt the ordinance as read. Ayes: Graves, Duckers (2). Nays: Geis,
Simpson (2). The Mayor did not vote, and the ordinance did not pass.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
providing for the amendment of Ordinance Number 8526, the same being Chapter 36
of the Salina Code, 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." [Zoning Application 78-9 filed by Saline County
Commission, for the rezoning of Lots 1 through 4 and part of Lot 5, Park Street,
Bishop's Addition from R-3 to C-5 (Service Commercial District).] A motion was
made by Commissioner Graves, seconded by Commissioner Geis to adopt the ordinance
as read and the following vote was had: Ayes: Geis, Graves, Simpson, Duckers,
Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it
is numbered 8648. The ordinance was introduced for first reading July 24, 1978.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
providing for the amendment of Ordinance Number 8526, the same being Chapter 36
of the Salina Code, 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." [Zoning Application 78-10, filed by Ken Wasserman,
for the rezoning of Lots 1 and 3, Block 13, Pacific Addition from C-3 to C-5
(Service Commercial District).] A motion was made by Commissioner Geis, seconded
by Commissioner Duckers to adopt the ordinance as read and the following vote
was had: Ayes: Geis, Graves, Simpson, Duckers, Weisgerber (5). Nays: (0).
Carried. The Mayor approved the ordinance and it is numbered 8649. The ordinance
was introduced for first reading July 24, 1978.
A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing
and ordering the acquisition of property for the purpose of establishing a
public street from Ohio Street to Kenwood Park Drive and providing for the
curbing, guttering, paving and grading thereof, and the installation of sanitary
sewer improvements, ordering preparation of plans and specifications, and the
estimate of costs." (Engineering Project 77-628 - The Midway) A motion was
made by Commissioner Duckers, seconded by Commissioner Simpson to adopt the
Resolution as read and the following vote was had: Ayes: Geis, Graves, Simpson,
Duckers, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution
and it is numbered 3385.
THE CITY ENGINEER filed plans and specifications for Engineering
Project 77-628, for improvements to the Midway. A motion was made by Commissioner
Simpson, seconded by Commissioner Duckers to accept the plans and specifications
for Engineering Project 77-628 as filed by the City Engineer.
Mayor Weisgerber asked what type of river crossing is called for in
the plans and specifications?
Mr. Boyer reported the plans and specifications call for a concrete
box structure in the river bed, with dirt fill over it.
The Commissioners discussed how the tubes, box structures, or span
crossings fit into the design of the river channel improvement project and the
use of the river for recreational canoeing and boating.
Commissioner Simpson withdrew his motion and Commissioner Duckers
withdrew his second.
A motion was made by Commissioner Duckers, seconded by Commissioner
Simpson to table a decision on Project 77-628 for one week and have the City
Engineer report on cost differential between a span type crossing and the concrete
box crossing. Ayes: (5). Nays: (0). Motion carried.
A MOTION was made by Commissioner Graves, seconded by Commissioner
Duckers to introduce an ordinance for first reading levying special assessments
against certain lots and pieces of property to pay the cost of cutting weeds on
certain lots and parts of lots and the parkways abutting thereon in the City of
Salina, Kansas. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed: Number:
ISO
A MOTION was made by Commissioner Duckers, seconded by Commissioner
Simpson to introduce an ordinance for first reading levying special assessments
against certain lots and pieces of property to pay the cost of abatement of
nuisances. Ayes: (5)• Nays: (0). Motion carried.
Ordinance Passed:
Number:
A LETTER was received from the City Planning Commission recommending
the approval of Zoning Application 78-12 filed by David Werth for the rezoning
of Lots 1 and 5 through 14, Block 1, Replat of Block 1, Country Hills Addition
Number from R to R (Single Family Residential) and R-2 (Multiple Family Residential)
P.D.D. (Planned Development District). A motion was made by Commissioner Geis,
seconded by Commissioner Simpson to accept the recommendation of the City Planning
Commission and approve the zoning application, and to introduce the zoning
ordinance for first reading. Ayes: (5)• Nays: (0). Motion carried.
Ordinance Passed: Number:
A LETTER was received from the City Planning Commission recommending
that the County be asked to approve County Zoning Application 78-6, filed by
Robert R. Frisbie for the rezoning of a tract of land in the North 1/2 of the
Southeast 1/4 of Section 19-14-2 from AG to RS (Single Family Residential). A
motion was made by Commissioner Duckers, seconded by Commissioner Graves to
accept the recommendation of the City Planning Commission and recommend that
County Zoning Application 78-6 be approved. Ayes: (5)• Nays: (0). Motion
carried.
A LETTER was received from the City Planning Commission recommending
the adoption of the Service Extension Plan as a prerequisite to annexation of
Schilling Manor. A motion was made by Commissioner Geis, seconded by Commissioner
Duckers to adopt the Service Extension Plan as presented by the City Planning
Commission. Ayes: (5)• Nays: (0). Motion carried.
Mr. Harley Farrar, Route 1, was present and said he had a list of
questions from one of the development companies in Schilling and asked if the
Schilling Housing Complex will be annexed to the City of Salina, and if it is,
when? He asked if there are any existing restrictions that would delay annexation,
and if there are, they should be stipulated.
Mr. Rawlings explained that these 12 items were presented by Mr.
Frobenius at the planning meeting last week to be considered by the Planning
Commission, and by the time the public hearing is held in October, we should
have all the answers.
Mr. Farrar asked Mr. Bengtson if it is legal for the City Commissioners
to meet with a group of businessmen outside their chambers to discuss city
business?
Mr. Bengtson said the sunshine law applies.
Commissioner Duckers said the proposition he denied was that Mr.
Frobenius wanted to meet and talk with the Commission on a matter of business
and didn't state what it was. He said he checked with the City Attorney and he
advised it would be a violation of the sunshine law.
A RESOLUTION was introduced and passed entitled: ''A RESOLUTION setting
the date for a public hearing for the consideration of annexing certain property
to the City of Salina, Kansas. [Setting October 16, 1978 as the date for
public hearing on the annexation of Schilling Manor.] A motion was made by
Commissioner Geis, seconded by Commissioner Duckers to adopt the Resolution as
read and the following vote was had: Ayes: Geis, Graves, Simpson, Duckers,
Weisgerber (5). Nays: (0). Motion carried. The Mayor approved the Resolution
and it is numbered 3386.
A RESOLUTION was introduced and passed entitled: ''A RESOLUTION authorizing
the temporary investment of approximately $1,350,000.00 of.idle funds of the
City of Salina, Kansas.'' A motion was made by Commissioner Duckers, seconded by
Commissioner Graves to adopt the resolution as read and the following vote was
had: Ayes: Geis, Graves, Duckers, Weisgerber (4). Nays: (0). Commissioner
Simpson abstained. The Mayor approved the Resolution and it is numbered 3387•
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THE ARCHITECT, Wilson and Company, filed plans and specifications for
an addition to the Salvation Army Building. (To be constructed with Community
Development Block Grant Funds from the 3rd year amended application.) A motion
was made by Commissioner Geis, seconded by Commissioner Duckers to accept the
plans and specifications for the addition to the Salvation Army Building as
filed by the Architect. Ayes: (5). Nays: (0). Motion carried.
A MOTION was made by Commissioner Geis, seconded by Commissioner
Duckers to set the date of August 28, 1978 as the date to receive bids for the
construction of an addition to the Salvation Army Building, and to instruct the
City Clerk to advertise for bids. Ayes: (5). Nays: (0). Motion carried.
THE ARCHITECT, Bucher and Willis, filed plans and specifications for
improvements in the Lower Indian Rock Ballfield Complex.
A motion was made by Commissioner Geis, seconded by Commissioner
Simpson to accept the plans and specifications as filed by Bucher and Willis for
improvements in the Lower Indian Rock Ballfield Complex. Ayes: (5). Nays: (0).
Motion carried.
Don Jolley, Salina Recreation Commission, was present. He said,
"Several weeks ago, when certain contracts were let for the beginning of improvements
to the ball diamonds in Lower Indian Rock, I asked the architect at that time if
he anticipated the need to make any changes in the plans and specifications on
the remaining contracts that were not let at that time. At this time I would
like to know if any changes have been made, and if so, could we get some discriptibn
of those changes and how they relate to the project?"
Steve Jennings explained the two minor changes in the plans and
specifications. One was the separation of the potable and non -potable water
supply and the other is a change in the backstops, to be bid as an alternate.
A motion was made by Commissioner Geis, seconded by Commissioner
Simpson to set the date of August 14, 1978 as the date to receive bids for the
construction of improvements in the Lower Indian Rock Ballfield Complex, and to
instruct the City Clerk to advertise for bids. Ayes: (5). Nays: (0). Motion
carried.
PUBLIC AGENDA
PETITION NUMBER 3721 was filed by James R. Knight for no parking signs
in front of #2 Crestview Drive. A motion was made by Commissioner Graves,
seconded by Commissioner Geis to refer the petition to the City Engineer for a
recommendation. Ayes: (5). Nays: (0). Motion carried.
A REQUEST was received by Dorothy Cater, 524 South Fifth, Apartment 2,
to be present at the Commission meeting to discuss fallout - air pollution from
the water -sewerage plant on Fifth Street, Salina, Kansas.
Ms. Cater complained about the long time fallout "flack" from the
water treatment plant which causes her eye irritation and a sinus type headache.
She said Ron Webster and Wesley Morris talked with her about the problem. She
said expensive as it may be, a more fool proof system should be the concern of
the City of Salina, and that documentation of this condition should be readily
available if the city consults long time residents, businessmen and possibly
doctors.
Bob Selm, Wilson and Company, said there is no notice of violation
from the air pollution control people; but when the complaint came from Ms.
Cater, we shut it down and found a portion of the baffle plate had eaten away
and we promptly placed an order for the replacement, but it will take a little
time to get it back in order. fie said we have probably been in violation but
there are no notices of violation from any of the authorities. lie also explained
that the system is obsolete, that the material being discharged is calcium
carbonate, that it has saved the city many thousands of dollars, and that to
update the system would require extensive alterations and be very expensive. lie
said as air pollution laws become more stringent better pollution control devices
will need to be installed and the replacement cost of the old system will be in
the millions of dollars.
The Commissioners thanked Ms. Cater for bringing the problem to the
attention of the Commission.
18`?
A LETTER was received from the Salina Area Chamber of Commerce supporti
the Smoky Hill River Study recommendations recently submitted by Wilson and
Company, and urging the City Commission to initiate the necessary action to
begin implementation of Phase I of the study.
Bob Gordon, Salina Area Chamber of Commerce, was present to support
the Chamber of Commerce position.
A motion was made by Commissioner Duckers, seconded by Commissioner
Simpson to accept the letter from the Salina Area Chamber of Commerce and thank
them for their study of the project and their support of an expensive and necessa
project in the near future. Ayes: (5)• Nays: (0). Motion carried.
The Commission asked staff to make recommendations at the August 14,
1978 meeting on the action necessary to initiate Phase I of the project.
COMMISSION AGENDA
A PUBLIC HEARING was held on the 1979 Proposed Budget and proposed
uses of Revenue Sharing Funds for the 10th Entitlement Period.
E. H. Hagan, questioned the mathematical extensions of salaries for
the sewer plant operators and maintenance workers, and said the proposed golf
course fees are too high.
The Commissioners explained that any changes in the golf course,
refuse, land fill fees must be done by ordinance or resolution at a later time.
Ray Houck asked if the city is planning to buy more land for parking
lots? He said there are about 312 parking meters not used.
Mr. Olson said the parking meter fees have not been changed, and there
has been conversation to purchase additional lots, but that a final determination
has not been made.
Mr. Houck also asked why the city plans to maintain the paper recycling
plant since there is no market for the paper?
Commissioner Simpson explained that conservation efforts are encouraged
by the plant itself, and the Commission hopes that the number of people contribut'
paper could be increased on a voluntary basis, rather than having to buy paper
in order to help the conservation of paper and keep the plant in operation.
Harley Farrar, Route 1, asked about the Special Gasoline Tax Fund.
Mr. Olson explained that a separate fund has been used for funds
received from Special Gasoline Tax, and the funds are basically used to repair
and maintain the city streets.
An unidentified woman suggested that the Smoky Hill Museum be moved to
the upper 2 floors of the old Courthouse. She said it would need an elevator,
air conditioning, and some plumbing at an estimated cost of $145,000.00.
The Commissioners said there are some complications in that the County
Commission owns the building, the Library Board runs the museum.
Fred Vandegrift asked the City Commissioners to reinstate the $5,000
proposed cut in the Industrial Development Fund. He said the fund should be
increased because the fund is used to bring new business and industry which
broadens the tax base.
Commissioner Duckers said he thinks it is being penny wise and pound
foolish to cut the fund when you think of the industry brought in by this
group, and plans to move to reinstate the $5,000 to the fund.
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Commissioner Graves said the Bicentennial Center has been a priority
of the Chamber of Commerce and is now a reality, and that it is one of those
years the budget got shaved a little.
Commissioner Geis said he feels $15,000 is adequate for the fund,
because as new industries come to town, it increases the cost to the old residents:
Bob Whitworth, Executive Director of the Salina Area Chamber of Commerce`
said there are many new jobs created by the industries which pay taxes and
teachers salaries.
Norman St. John asked the City Commission to justify all the expenses
involved in the $220,000 revenue sharing funds to be used as operating expenses
for the Bicentennial Center and a list of needed equipment for $115,000.
Commissioner Simpson read the list of equipment needed to operate the
facility, and explained that there will be an operating deficite in the first
years of the center's operation. He said the city is under an obligation to see
that the 6.5 million dollar facility gets a proper opening and operates during
its first fiscal year.
Commissioner Simpson said the City Commission has to set budget,
program and facility priorities, and has spent long hours over this particular
budget to try to provide the best services, the best facilities, the best personnel,
the best programs available for the citizens of this community.
Sister Mary Lou Roberts, Catholic Charities, said the City Commission
should support the people programs more with the revenue sharing funds, and
complained that the open meeting August 1, 1978 was not publicized enough.
Commissioner Duckers explained government cannot be all things to all
people, and this year with the tightening of the budget, if all of the people
projects are going to fly there are plenty of private dollars in Salina from
people who are interested and who are going to come forth and support the people
programs. They are not a function to pass on to all the tax payers.
Raymond Houck suggested the City support the programs it has started
and not to start any new ones.
Martha Rhea, Salina Arts Commission, said the Arts Commission is
working with a programming budget of approximately $70,000, and less than 15%
comes from the city budget. She said the Arts Commission needs the support of
the City Commission.
Cindy Entriken, Abused Women Task Force, said she was notified they
were to receive $2,000 for a survey to determine if there is a need for their
services, and thanked the City Commission for these funds and then criticised
the City Commission for trying to be the recreation director for the city with
the Bicentennial Center, Neighborhood Centers, baseball diamonds, swimming
pools, parks. She suggested that maybe the city needs a board to evaluate the
human services programs and make recommendations to the City Commission for a
more equitable distribution of funds.
Commissioner Geis said, "I regret that many of you people were not
here on Tuesday to hear us each fight for our own particular area of interest.
I came out of that session completely wrung out, as Jerry said, none of us are
entirely pleased with the results but we recognize it as a compromise, perhaps
a compromise of priorities or values, depending on where you sit. I feel that
each of us gave up something of particular importance to our area of interest,
perhaps some of us were out of proportion, but anyway I am satisfied that the
adjustments we have made in the budget are the best we could do on a compromise
basis and except for Keith's comment regarding that one industrial development
account, I have not heard any other particular changes suggested and I would
like to, at this time, even though I don't completely agree, move that we adopt
the 1979 budget as published with the following amendments:
(1) 1978 Adjusted Budget 1979 Budget
CITY COMMISSION Account #211
Arts Commission $2,770.00
Emergency Preparedness 1,405.00
CITY CLERK Account #120 Salaries (1) 6,540.00
BUILDINGS Account #299 (City -County Building) 6,500.00
PARK Account #120 Salaries (2) 12,545.00
PARK Account #516
Shelter House $5,000.00
Playground Equipment 15,000.00
POLICE Account #120 Salaries (2) 24,665.00
POLICE Account #502 Animal Shelter 10,000.00
BAND Account #210
Municipal Band 3,285.00
Silver Sabres 1,500.00
INDUSTRIAL DEVELOPMENT Account #295 5,000.00
$30,000.00 - $64,210.00
(2) That the Insurance and Contingencies Account #404 be increased $45,420.00.
Changes in levy requirement to finance the 1979 Budget:
$382,138.00 10th Entitlement Period Revenue Sharing Funds to be distributed as
follows:
APPROVED FOR
SUGGESTED
Bicentennial Building $200,000.00
Health Department 63,000.00
Human Resources 90,845.00
(Neighborhood Centers)
Paper Recycling 5,000.00
$358,845.00
Balance 23,293.00
C.K.A.F.
Abused Wives
lCommissioner Graves seconded the motion.
$200,000.00
63,000.00
119,138.00
1tl
$382,138.00
APPROVED
$219,293.00
60,000.00
90,845.00
0.00
10,000.00
2,000.00
$382,138.00
PUBLISHED
ADOPTED
LEVY
LEVY
General
18.9214
18.4194
Employee Benefit
5.3558
5.3558
Utility
3.3679
3.3679
Bond and Interest
10.6769
10.6769
3 .3220
3200
$382,138.00 10th Entitlement Period Revenue Sharing Funds to be distributed as
follows:
APPROVED FOR
SUGGESTED
Bicentennial Building $200,000.00
Health Department 63,000.00
Human Resources 90,845.00
(Neighborhood Centers)
Paper Recycling 5,000.00
$358,845.00
Balance 23,293.00
C.K.A.F.
Abused Wives
lCommissioner Graves seconded the motion.
$200,000.00
63,000.00
119,138.00
1tl
$382,138.00
APPROVED
$219,293.00
60,000.00
90,845.00
0.00
10,000.00
2,000.00
$382,138.00
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Commissioner Duckers moved to amend that motion and to restore the
Industrial Development Fund to the $20,000 in the original budget.
The motion died for the lack of a second.
Commissioner Simpson commented, "I do not disagree with your comments
on this, and would like to see it restored, however if we do that I would have
to vote to restore every other line item decrease or deletion that was agonized
over that 4 1/2 hours we spent last Tuesday afternoon. I don't believe the cut
seriously impares the Chamber of Commerce's ability to work to economic growth
and expansion of the City of Salina. The Bicentennial Center is here in this
is tax year 1979 and it is something we have to realisticly look at from a
funding standpoint. It will provide some jobs. I think people coming from afar
and near provide for economic expansion and retail sales and etc., so I don't
think we are totally ignoring the idea of economic development or growth for the
City.''
Commissioner Duckers said he agrees this $5,000 is not going to seriously
impare the Chamber this one year but his concern is that this may be a trend and
this fund could be phased out, and it is extremely important in the long range
future of the community that the City of Salina make a commitment to help the
chamber in the industrial development of the community.
The Mayor called for a vote on the motion. Ayes: (5). Nays: (0).
Motion carried.
Mr. Olson said, "This is the 14th budget I have had the pleasure of
preparing for this city, and '1 can truthfully and honestly say that this City
Commission, right or wrong, did agonize over several sessions, several hours in
each session, and from an administrative point of view, we appreciate the effort
and the agony you spent. It was a new experience for us, and from staff, we
want to thank you for the many unpaid hours you put in, argued, debated, agonized.'''
A MOTION was made by Commissioner Simpson, seconded by Commissioner
Geis that the Regular Meeting of the Board of Commissioners be adjourned. Ayes:
(5)• Nays: (0). Motion carried. The Regular Meeting of the Board of Commissioners
adjourned at 6:30 P.M.
D. L. Harrison, City Clerk