04-08-1985 Minutes CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
APRIL 8, 1985
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City-County Building, on Monday, April 8, 1985, at four p.m.
There were present:
Mayor Charles 13. Roth, Chairman presiding
Commissioner Fortino B. Bonilla
Commissioner John F. Burgess
Commissioner Merle A. Hodges
Commissioner Joseph M. Ritter
comprising a quorum of the Board, also present:
L. O. Bengtson, City Attorney
D. L. Harrison, City Clerk
Rufus L. Nye, City Manager
Absent:
None
CITIZEN FORUM
None
AWARDS- PROCLAMATIONS
(4.1) The Mayor proclaimed the Week of April 14 through 20, 1985 - "LIFE
INSURANCE WEEK". The proclamation was read by Liz Duckers, Vice President
of the Salina Association of Life Underwriters.
(4.2) The Mayor proclaimed the Week of April 14 through 20, 1985 - "VITA
VOLUNTEER WEEK". The proclamation was read by Elvin Gerard, a VITA
Volunteer.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing ordered by Resolution Number 85-3770 on the proposed
acquisition and improvement of property for approximately 290 to 350 off-street
parking spaces; acquisition of property and construction of arcades and
crosswalks; improvement of streets and other facilities by landscaping and
improvement of streets; relocation and burial of utilities in the Central Business
District.
(5.1a) Staff report on the sufficiency of Petition Number 3895. The
petition contains signatures representing 55.6% of the land area and 67% of
the resident owners.
John Poos, 2404 Village Lane, Chairman of the Business Improvement
District Advisory Board, recommended that the City Commission proceed with the
downtown improvements as requested in the Petition filed on March 27, 1985. He
said the Business Improvement District Advisory Board recommends that the City
Commission adopt the resolutions necessary to proceed with this project.
Imogene Campbell, 683 South Santa Fe, Chairwoman of the Heritage
Conservation Committee, said this committee opposes the demolition of the Great
Plains, Salvation Army and Cozy Inn buildings on Seventh Street. She said
these buildings should not be demolished for parking lots and should be
excluded from this project.
Rudolph Barta, representing the three churches in the benefit
district, stated the proposed assessments against the three churches is
unconstitutional and a violation of the very legal and moral foundation of our
society.
Jack Stewart, 679 South Tenth Street, Chairman of the Board of the
First Christian Church, and also representing the First United Church and
Immanual Lutheran Church, gave several reasons the churches should not be
assessed and asked the City Commission to remove the assessments against the
three churches in the district.
Dan King, 524 Camden Drive, Chairman of the Trustees of the First
United Church, said the trustees have taken the position that the assessment
against the churches should be excused.
Dan Thomas, 105 Millview, First Christian Church, said the church will
not benefit from these improvements and asked that the churches be excluded
from the assessment.
Tula Webb, 669 South Tenth, asked the Commission to remove the
assessment against the churches. She said she fails to see how putting a canvas
over Santa Fe will help the churches.
Dean Owen, 2116 Melrose, representing the United Building, said they
are in favor of the downtown project, but they oppose the treatment the United
Building was given on this assessment. He said the United Building is assessed
on all 10 floors and is the only building in the area being assessed in this
manner. He asked for some relief from this large assessment. He suggested an
alternate plan. He said there are 5 owners and suggested assessing each one
the same as a ground floor.
Richard Gutierrez, 713 Martin, said he endorses the downtown project,
and the downtown merchants for signing the petition. He asked that the area
from the Great Plains Building to Southwestern Bell be left as it is, and let
private developers improve that area.
Dick Shelton, 211 Millview, asked how many businesses will be
displaced. He asked if the Commission verified the cost of these improvements.
John Shaver, 405 East Parklane, stated the number of businesses
being displaced has been made and every effort will be made to relocate them in
the downtown area. He said the cost of the improvement has been estimated.
D. E. Watson, 119 South 7th, with an office in the Great Plains
Building, asked why the Commission wants to displace businesses? He asked
why not build high rise parking on the lots the city already owns. He said
every parking lot built will come off the tax rolls, and you will move all of these
businesses away from downtown.
Pastor Robert Belew, First Christian Church, said he feels the
assessment against the churches is bad public relations.
Bud Jilka, 2026 Leland Way, said he feels the United Building got
relief when the city gave them Industrial Revenue Bonds. He said the churches
didn't pay when the present lots were constructed 25 years ago. He said we
~aid for the parking lots then and now we are going to pay again.
Mary Maley, 141 South Tenth, said the City Commission created the
Heritage Commission. She asked that the City Commission preserve the three
buildings on Seventh Street.
Rudolph Barta, said the churches were not assessed for the parking
lots years ago, and that we don't need more parking lots.
Frank McBride, 104 West Lake Drive, member of the First United
Church, said other churches use the parking lots, even those outside the
district.
Mary Ann Schwartz, president of the Saline County Historical Society,
said she will go on record for the Society urging the City Commission to save
the buildings on Seventh Street.
Dan West, RR#6, said the hearing today doesn't determine which
buildings will be demolished.
Mayor Roth delcared the public hearing closed at 4:55 p.m.
85-65 Moved by Commissioner Hodges, seconded by Commissioner Ritter that
the assessment for the United Building be against the 5 owners, reducing the
assessment to $37,859.00. Aye: (5). Nay: (0). Motion adopted.
85-66 Moved by Commissioner Burgess, seconded by Commissioner Bonilla
that ali three churches be deleted from the assessment district.
Commissioner Bonilla withdrew his second. Motion died for the lack of
another second.
85-67 Moved by Commissioner Ritter, seconded by Commissioner Hodges that
the Immanuel Lutheran Church assessment be reduced to the rate of Area
Number 2, so all churches in the district would pay the same rate. Aye:
Bonilla, Hodges, Ritter, Roth (4). Nay: Burgess (1). Motion adopted.
85-68 Moved by Commissioner Hodges, seconded by Commissioner Burgess
that they give Mr. Gutierrez until May 1, 1985 to come up with a plan and
financing for development of the Great Plains Building. Aye: (5). Nay: (0).
Motion adopted.
(5.2) Resolution Number 85-3775 - determining the advisability of the
acquisition and improvement of property for approximately 290 to 350 off-street
parking spaces; acquisition of property and construction of arcades and
crosswalks; improvement of streets and other facilities by landscaping and
weather shelters; relocation and burial of utilities in the Central Business
District, estimating the cost thereof, defining the boundaries of the improvement
district, method of assessment, and apportioning the cost between the
improvement district and the city at large. [Central Business District]
85-69 Moved by Commissioner Burgess, seconded by Commissioner Bonilla
that Resolution Number 85-3775 determining the advisability of the acquisition
and improvement of property for approximately 290 to 350 off-street parking
spaces; acquisition of property and construction of arcades and crosswalks;
improvement of streets and other facilities by landscaping and weather shelters;
relocation and burial of utilities in the Central Business District, estimating the
cost thereof, defining the boundaries of the improvement district, method of
assessment, and apportioning the cost between the improvement district and the
city at large, amending Section 6 to read as follows: the method of assessment
shall be based on the square footage of the area within the improvement district.
Property to be assessed within Area No. 1 shall be assessed at approximately
$1.31 per square foot and property to be assessed in Area No. 2 shall be
assessed at approximately $.56 per square foot. It is determined that the
special benefits accruing to some tracts under the above formula is not in
oroportion to the assessment and the following property shall be assessed as
follows: 1. Lots 159, 161, 163, 165, 167 on Seventh Street Original Townsite
shall be assessed $16,800.00; 2. W 48'2" of Lots 109 and 111, and the West 48'2"
of the North 20' of Lot 113 on 7th Street Original Townsite shall be assessed
$37,859.00, be adopted. Aye: (5). Nay: (0). Motion adopted.
(5.3) Resolution Number 85-3776 - authorizing and ordering certain
acquisition and improvement of property for approximately 290 to 350 off-street
parking spaces; acquisition of property and construction of arcades and
crosswalks; improvement of streets and other facilities by landscaping and
weather shelters; relocation and burial of utilities in the Central Business
District, ordering preparation of plans and specifications, and the estimate of
costs. [Central Business District]
85-70 Moved by Commissioner Burgess, seconded by Commissioner Ritter that
Resolution Number 85-3776 authorizing and ordering certain acquisition and
improvement of property for approximately 290 to 350 off-street parking spaces;
acquisition of property and construction of arcades and crosswalks; improvement
of streets and other facilities by landscaping and weather shelters; relocation
and burial of utilities in the Central Business District, ordering preparation of
plans and specifications, and the estimate of costs, amending Section 6 to read
as follows: the method of assessment shall be based on the square footage of the
area within the improvement district. Property to be assessed within Area No. 1
shall be assessed at approximately $1.31 per square foot and property to be
assessed in Area No. 2 shall be assessed at approximately $.56 per square foot.
It is determined that the special benefits accruing to some tracts under the
above formula is not in proportion to the assessment and the following property
shall be assessed as follows: 1. Lots 159, 161, 163, 165, 167 on Seventh Street
Original Townsite shall be assessed $16,800.00; 2. W 48'2" of Lots 109 and 111,
and the West 48'2" of the North 20' of Lot 113 on 7th Street Original Townsite
shall be assessed $37,859.00, be adopted. Aye: (5). Nay: (0). Motion
adopted.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting April 1, 1985.
(6.2) Resolution Number 85-3777 - authorizing and ordering certain curbing,
guttering, paving, grading, storm drainage, sanitary sewer and water main
improvements, ordering preparation of plans and specifications, and the estimate
of costs. [Replat of Georgetown Addition]
(6.3) Request by Lawton Owen, 1946 Roberts Avenue, to keep one hive of
bees in the city limits.
(6.4) City Engineer files plans and specifications for heating and air
conditioning improvements for Fire Station Number 2. Set April 25, 1985 to
receive bids.
85-71 Moved by Commissioner Hodges, seconded by Commissioner Bonilla that
all items on the Consent Agenda be approved. Aye: (5). Nay: (0). Motion
adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation from the Heritage Commission that Heritage
Conservation Application 85-1, filed by Mary Anne Schwartz, for heritage
conservation (HC) landmark designation for a structure located at 630 East Iron
be approved. [Introduce Ordinance Number 85-9071 for first reading]
85-72 Moved by Commissioner Ritter, seconded by Commissioner Burgess that
the recommendation of the Heritage Commission be accepted and that Ordinance
Number 85-9071, designating the structure located at 630 East Iron for Heritage
Conservation (HC) Landmark Designation, be introduced for first reading. Aye:
(5). Nay: (0). Motion adopted.
(7.2) Recommendation from the City Planning Commission that Plat
Application 84-3A, filed by Warmack and Company, concerning the final plat of a
Replat of a portion of Meadowlark Acres Addition #3 be approved. [Authorize
the Mayor to sign the final plat]
85-73 Moved by Commissioner Burgess, seconded by Commissioner Ritter that
the recommendation of the City Planning Commission be accepted and that the
Mayor be authorized to sign the final plat. Aye: (5). Nay: (0). Motion
adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 85-9069 providing for the rezoning
of Lot 10, Block 18, Sunset Manor Addition to District C-5, Service Commercial
District.
85-74 Moved by Commissioner Bonilla, seconded by Commissioner Hodges that
Ordinance Number 84-9069, providing for the amendment of Ordinance Number
8526, the same being Chapter 42 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, be introduced for first
reading. Aye: (5). Nay: (0). Motion adopted.
(8.2) Second Reading Ordinance Number 85-9070 providing for the vacation
of Century Plaza Drive, between Magnolia Road and Saturn Avenue in
Meadowlark Acres Addition Number 2 and Meadowlark Acres Addition Number 3 in
the City of Salina, Saline County, Kansas.
85-75 Moved by Commissioner Ritter, seconded by Commissioner Burgess that
Ordinance Number 85-9070 providing for the vacation of Century Plaza Drive,
between Magnolia Road and Saturn Avenue in Meadowlark Acres Addition Number
2 and Meadowlark Acres Number 3 in the City of Salina, Saline County, Kansas,
be introduced for first reading. Aye.' (5). Nay: (0). Motion adopted.
85-76 Moved by Commissioner Burgess, seconded by Commissioner Bonilla
that the Regular Meeting of the Board of Commissioners be adjourned. Aye:
(5). Nay: (0). Motion adopted. The meeting adjourned at 5..15 p.m.
Charles B. Roth, Mayor
[SEAL]
ATTEST:
D, L. Harrison, City Clerk