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11-07-1977 Minutes1 1 H City of Salina, Kansas Regular Meeting of the Board of Commissioners November 7, 1977 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, November 7, 1977, at four o'clock P.M. The Mayor asked everyone to stand for the opening ceremony. There were present: Mayor Keith G. Duckers, Chairman presiding Commissioner Dan S. Geis Commissioner Karen M. Graves Commissioner Gerald F. Simpson Commissioner Jack Weisgerber 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 October 31, 1977 were approved as printed. THE MAYOR PROCLAIMED the Week of November 13 through 19, 1977 - "WORLD MUTUAL SERVICE WEEK." The proclamation was read by Mrs. Arthur Leckband, Publicity Chairman of the YWCA Board. STAFF AGENDA AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE authorizing the issuance of Internal Improvement Bonds of the City of Salina, Kansas, in the sum of $888,000.00, to pay the cost of curbing, guttering, paving, sanitary sewer, storm sewer and water main improvements in the City, to be designated as Series P-219." A motion was made by Commissioner Geis, seconded by Commissioner Simpson to adopt the ordinance as read and the following vote was had: Ayes: Geis, Graves, Simpson, Weisgerber, Duckers (5). Nays: (0). Carried. The Mayor approved the Ordinance and it is numbered 8604. The ordinance was introduced October 31, 1977. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE adopting, by reference, the 1978 Edition of the National Electrical Code; amending; Section 9-179 of the Salina Code and repealing said original section." A motion was made by Commissioner Graves, seconded by Commissioner Weisgerber to adopt the ordinance as read and the following vote was had: Ayes: Geis, Graves, Simpson, Weisgerber, Duckers (5). Nays: (0). Carried. The Mayor approved the Ordinance and it is numbered 8605. The ordinance was introduced for first reading October 31, 1977. The Commissioners considered 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. (Rezoning of Country Club Heights Addition Number 5 from District A-1 to R-1, requested in Z77-18). PETITION NUMBER 3666 was filed by Peter L. Peterson requesting reconsideration of the rezoning of Country Club Heights Addition Number 5 -from agricultural to residential; and for reconsideration of the plat, as presently approved for such Addition Number 5, for the reasons that the provisions for water drainage and run-off from such Addition Number 5 are inadequate and likely to cause severe damage to homeowners in adjacent additions. 1) i PETITION NUMBER 3667 was filed by owners of real estate located witF 200 feet of property proposed to be rezoned, protest the proposed change of zoning for property described in Application Number Z77-18, zone change from P to R-1 located on all lots in Blocks 1 to 6, Country Club Heights Addition Number 5. Mr. Peter L. Peterson was present speaking for the protestors. He distributed a map of the area prepared to show how the area drains, and showec j the City Commissioners pictures of how the water collects in the area. He sai the petitioners are not opposed to the rezoning of Country Club Heights Additi # 5 to R-1, but they are opposed to that rezoning in the absence of some consideration to the drainage problem what flows in that area. He said that area is right for residential expansion, that residential homes is the highest and best use of that land, not a wheat field; but not in the absence of some thorough investigation and consideration of a water drainage in that area. He said the assumption thus far has obviously been that this small natural draine stream through that area will be sufficient to carry the flow, and up until this time that little stream has carried the flow, very precariously near the brim, but it has carried the flow. He said the point is, with the expansion 1 the south, it will no longer be sufficient. Commissioner Simpson asked the City Engineer for a map of the area to the north, in Country Club Estates Addition. The City Engineer, City Manager, Mr. Peterson approached the bench and discussed the drainage problem. Dr. Milo Sloo was present questioning the size of tubes over a box culvert. A motion was made by Commissioner Simpson, seconded by Commissioner Graves that the ordinance and petitions be tabled for information on the exact size on the culvert or box at # 1, the exact sizes of the boxes at # 3 and # 4; explore the possibility of obtaining an easement from point # 2, which is at the north edge of the proposed addition on through to hook up at the existing channel now behind Lot 2, Country Club Heights Addition Number 3: to get an idea of the cost of doing this and explore the funding, whether it be in a benefit district, or a portion, and a portion to the City -at -large or exactly how it should be done and how it should be funded. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER filed plans and specifications for Engineering Project 77-627 for improvements in Dow Addition, as requested in Petition Number 3655 which was filed by George Etherington. A motion was made by Commissioner Geis, seconded by Commissioner Weisgerber to approve the plans and specifications as filed by the City Engineer. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Geis, seconded by Commissioner IWeisgerber to set the date of November 21, 1977 to receive bids for Engineering ;Project 77-627, and instruct the City Clerk to advertise for bids. Ayes: (5). iNays: (0). Motion carried. A RESOLUTION was introduced and passed entitled; ''A RESOLUTION designatir the official depositories for all moneys of the City of Salina, Kansas, and directing the City Treasurer to deposit all moneys received by him therein.'' A 1motion was made by Commissioner Weisgerber, seconded by Commissioner Graves to ;adopt the Resolution as read and the following vote was had: Ayes: Geis, Graves, Weisgerber, Duckers (4). Nays: (0). Commissioner Simpson abstained. Carried. The Mayor approved the Resolution and it is numbered 3346. j THE CITY CLERK REPORTED the assessment rolls are ready for the Downtown ;Beautification Project. (Engineering Project 75-596)• Improvements of streets, sidewalks, lighting, landscaping, planting trees, shrubs, and other perennial plants and constructing park and recreational areas within the proposed improvement district. as authorized by Resolution Number 3237, passed by the Board of Commissioners on the 9th day of June, 1975• I I 1 Ll t; A motion was made by Commissioner Weisgerber, seconded by Commissioner Simpson to instruct the City Clerk to publish notice in the official city newspaper at least once not less than ten days prior to the date of November 21, 1977, the date set for the hearing on said assessments, and that at the same time notice is published to mail to the owners of property made liable to pay the assessment, at their last known post office address, a notice of the hearing and a statement of the cost proposed to be assessed against the land so owned and assessed. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of Petition Number 3657, as amended, which was filed by Douglas Hill for the annexation of the remainder of Mayfair Addition which is not current] in the City Limits lying south of a line from the intersection of the city limits and south right-of-way line of Oxford Drive east to the east line of Mayfair Addition. A motion was made by Commissioner Graves, seconded by Commissioner Geis to accept the recommendation of the City Planning Commission and to introduce the annexation ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Director reviewing the annual Citizen's Advisory Committee membership adjustments. A motion was made by Commissioner Simpson, seconded by Commissioner Graves to receive the letter from the City Planning Director. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Simpson, seconded by Commissioner Weisgerber to set the date of November 28, 1977 as the date to receive bids for a bus for the Martin Luther King, Jr. Child Care Center, and to instruct the City Clerk to advertise for bids. Ayes: (5). Nays: (0). Motion carried. PUBLIC AGENDA PETITION NUMBER 3668 was filed by D. L. Sampson, President of the Grain Belt Supply Company, Inc., for the approval of the plat of Grain Belt Subdivision. A motion was made by Commissioner Graves, seconded by Commissioner Geis to refer the petition to the City Planning Commission for a recommendation. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3669 was filed by Larry Dunlap, Vice President of the Salina Auto Parts for a truck loading zone at 221 North Santa Fe. There are no loading zones in the 200 block of North Santa Fe on the west side of the street and we are receiving tickets for unloading and loading delivery trucks in our driveway. A motion was made by Commissioner Geis, seconded by Commissioner Weisgerber to refer the petition to the City Engineer for a recommendation. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3670 was filed by Bob L. Martin, President of Salina Heating and Air Conditioning Inc., for the vacation of the west 5 feet of North Chicago Street adjacent to Lots 5 and 10, Block 11, Chicago Addition. A motion was made by Commissioner Simpson, seconded by Commissioner Graves to refer the petition to the City Engineer for a recommendation. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA "DISCUSSION OF THE PARK ADVISORY BOARD AND PROFESSIONAL PARK STUDY" (Sponsored by Commissioner Simpson). Commissioner Simpson - Mr. Mayor and Commissioners, I would like to make a brief statement on this item on the Commission agenda. The last time the City had a park survey and study was 1967. In reviewing that program it is obvious that some of the items mentioned in that report have been addressed and others are in process, but I think it is time for an update of that study to review our existing facilities and to plan and to do some planning and development for the future. I would suggest that a professional consulting firm be hired to assist the City and the City Commission in the three following areas: 1. To update the 1967 park study. 2. To review and critique the South Salina park 4 plan as presented by the members of our staff and endorsed in concept by this Commission. And to those young people who presented that plan, this is not in the way of a criticism or second guessing, because I think they are talented people. I think they are concerned citizens. They are good employees of the city and I think they have done a good job. The fact remains that neither they nor any member of this City Commission, nor most of the individuals that I have talked to since that time have designed a park that is now in existence. I think this needs a professional review and professional recommendations. The 3rd area I would like to call upon a professional consulting firm to address is to assist the Commission in developing the scope of duties and responsibilities of a citizens advisory park board. It seems that the firms that are capable of doing park studies and park surveys would have experience in this area and should be able to relate that experience to us. There are at least 2 citizens groups in this community and other individuals who have expressed an interest in providing input into a discussion of a park board. I would certainly welcome that input and would also welcome the input of a professional consulting firm. It has been suggested that the Commission acted in haste in approving the concept of the South Salina Park without citizen input or professional advice. If that is the case let us not repeat the error. I would recommend an orderly and yet a timely professional study of the entire scope of park related items and that this be done before the Commission takes further action in this area. Commissioner Weisgerber - I would go along with that, what seems to me perhaps logical since the last park survey that was done was done by Bucher and Willis, and since I think in areas of the flood control out south we went to the engineering firm who had worked on that in the past and had those past records to build on. That particular project went to Wilson and Company. In this particular case the records and the past park study was done by Bucher and Willis. They have those records and thinking to build on. Both these firms have considerable expertise in this area and are considered to be quite capable around the state in this area, but I wondered if you would suggest or intended to name a consultant or if we might go ahead and give this particular project to Bucher and Willis, to update their study and include these other things in the study. Simpson - Well, my personal feeling at this time would be not to select a firm today, but following my suggestion on this matter several weeks ago we had some inquiries from the local firms as well as the out of town firms. I would like to have the opportunity to review those responses to that suggestion and get an idea about the scope of the study as to time and cost before it is ... Commissioner Graves - ... I am wondering if we want to limit it to parks, or are we talking about parks and recreation? Or would we let the firm that we choose decide that? Commissioner Simpson - I don't know that I have a particular strong feeling about that at this time. That is why I would like to review the replies we had from those particular engineering firms, try to get their feeling on it. Commissioner Graves - A great deal of work has already been done by the League of Women Voters. There is an absolute wealth of information. The attitude surveys, you know they have done practically the work of a consulting firm and there is even more that we haven't even seen or heard that they have. Commissioner Simpson - I think they have done an excellent job in gathering data, and getting some information available, but as it relates to the South Salina Park plan, I think I would feel more comfortable to have professional review that data, review that information, review the recommendations. Commissioner Geis - What kind of things, Jerry, would you expect a professional to comment on in that South Salina Park plan? Do you have some feelings that there is something there that we ... Commissioner Simpson - No, I really don't, Dan. I don't know that we have overlooked, or the people have over looked anything in that park, but I just think when we are talking about that kind of a program, that kind of design would feel more comfortable if a professional who had designed a park that is now in existance, had some experience in that area had some input into it. Commissioner Geis - If the professionals having reviewed it, came up with a vastly different plan would you be in favor of scrapping the one that has been presented ..? 1 LJ c, Commissioner Simpson - Not necessarily, I think they would have to develop their rationale and present it to us as to why it should be radically changed. I doubt there would be any radical changes, but there might be some changes within the basic plan itself, without changing the whole concept of it. Commissioner Geis - I was very much impressed with the plan presented to us... I guess I agree with you on 2 of the 3 things. I don't really know that it is necessary to spend money to update that '67 study, if that would mean redoing. I would like to have some professional help in establishing the park board, and I can see that perhaps a review of that South Salina Park plan might not be a bad idea, but I don't know that I would want to go to a whole new park stud because we have Y� got those stacks and stacks of studies and what have they ever done? Commissioner Simpson - It might seem though that at least a professional firm could assess our present situation and see what has been done and what needs to be changed. Help us develop a future plan for development. We talked about land acquisition, we talked about its being addressed in subdividion discussions at the present time, dedication of space for public use, and kind of tie that in. Commissioner Weisgerber - I certainly agree with that, my only question was in using the consultant on that that we have had in the past and building on that rather than taking a new consultant and starting it all over. I think the city has sort of had a little bit of a policy in the past that we have got a number of extremely capable engineering firms in Salina and certain phases of the city work have kind of drifted to one or the other and they have done competent jobs in the past on those. I would feel comfortable, certainly, in doing this way. There has been a lot of talk about how quickly this has been done, and yet we have had this property for several years and it seems to me it is taking far too long to get it done as it is, rather than being a thing that has been hurried.! As I have mentioned many times, until we get trees planted out there and get trees growing and get shade, the park isn't going to have much use. We have gone several years without tree planting, but I think it is necessary to get that done. As soon as we move on that we just save one year in the use of the park for each time we can get those trees in. The rest of the design some of that can be changed and come a little later. Tree planting I think is important to get done. i Commissioner Graves - I was the most vocal critic the last time we talked about this. I wasn't really criticizing the park plan, I was, you know this is 1977 and people want to have a voice in the decision making. I felt it was so hurried up that no one had had a chance to say what they wanted in their park, out in their part of town with their tax dollars. That is why I thought it had happened so quickly and I understand Jack's position about the tree planting and I know you have been frustrated because you wanted to get it going for two years, but ... Mayor Duckers - It isn't like, Karen, that park hadn't been planned and had thought. You know we budgeted for and bought and purchased a machine to move those trees which were going to become available the first of October, 1977 months and months ago. And it is the first of October and it is the time to plant trees. Jerry, I agree very much with all three of your points. I would just simply like to elaborate; somehow I am beginning to resent, not your referral but the public referral to these three kids that designed the park. These three kids happen to be professional, graduates they are 28 and 29 years old. They possess 4 college degrees in horticulture, recreation and urban forestry among the three of them. They have been employed and they have worked in this area and beauty is in the eyes of the beholder. Certainly someone could critique that and throw it clear out and say it won't work; but I have been out there personally today and am amazed at what they have done in the moving of these trees and I would ask any of you, or any citizen that is interested to go out and see what has been done in moving trees that we got free of cost to the city. Now this doesn't lock in, this design that they have come with. It is not carved out of stone, but at least the trees that have been placed out there now are not wasted. We know where the essential drives are going to be, the entrances f are going to be. I also have a thorny question - I want to pass this around. This is part of the Osage orange that was bulldozed out and I hardly think that this is the type of thing that would have enhanced any park, picture if you will Oakdale or Sunset with this thing running diagonally across it for children to climb in. I don't really think it enhances it. Commissioner Weisgerber - Keith, I have a tendency to call these young people kids too, but you have got to remember when you come along to my age anybody that is under about 38 looks like a kid. Mayor Duckers - I think the public needs to know that these are not just someone who sat down and scratched something out. They are professional people. They have done a wonderful job and a service, for the most part, on their own free time. They designed this at night. Commissioner Weisgerber - I am happy with the plan as it was presented, but at the same time I am certainly willing to go along with Jerry, if he feels this would be a good thing to do. I think if a consultant is fair and honest !and I am sure they would be with this work, they may really not find too much to 'change about that park which would be a good backing, or would be actually ;helpful to the "kids" who did the design work. It is true that the consultants ,who have operated, and again thinking of what people out there may say they want for whatever, and of course these young folks work for the park listen to that 'pretty carefully. And one reason they came up with the design they did is because in their park work they have been listening to what people told them. But a consultant is in a position to survey the works, the parks, their use, their 'location, how they fit in with population concentrations, all of this, from his work all over the state or even a wider area. That is something that perhaps 'these young folks cannot do, nor can the League do, nor can we do, nor anyone !else, because we don't have that overall view that a consultant does have. Mrs. A. Jeffrey (Sharon) Denton, 810 Neal, President of the League of ;Women Voters - The league is somewhat dismayed that you are considering hiring a ;consultant at this particular moment. Perhaps there was a misunderstanding on ;the part of the League, but after we met with you on August 29th, we came away :with the impression that we were going to do at least part of what you are now ,proposing to pay a consultant to do, and I would like to read from the minutes !of that August 29th commission meeting. 'Commissioner Simpson said I would ... !draw out information that we think is still applicable.' We anticipated a !chance to sit down with the Commission, at a meeting similar to what you had ,with the energy usage committee today, around a table at another meeting away (from commission meeting time, and really look at this. Perhaps we misunderstood. 'Perhaps this is something that is not really the bailiwick of the Commission, in !that maybe your position is one step removed from actually sitting down and !grinding over the plans, but it would be our hope that maybe you would let us .work with the City Attorney in drawing up an ordinance to establish a park board. Let this board be established, let us work with this board to present the information that we have. I feel we are fully capable of looking over these ;plans that have been presented and paid very dearly for in the past by these 'engineering and consulting firms. At least give them a chance to focus in on !the areas. It seems to me like to pay out additional money to a consultant when !we really don't have a focus, is money lost. I think we can work, the league 'can work, with a citizens advisory park board to focus the studies into the areas. Then we can hire someone to look at a specific plan or to aid in some ;specific area, but to -pay somebody for a rehash, I think this is a job a lay 'board can do, and I really would like for the league to have an opportunity to !work with this board. We have taken considerable time and considerable expense in the hope that we would be able to do this, and frankly we feel kind of trompled on. Commissioner Simpson - Well, I am sorry you feel that way but, I guess I 'what frustrates me is to think that we couldn't sit down with professionals and !j ;review your information that you have developed, review your ideas, and perhaps ideas of others and come up with an advisory board concept, a park plan concept ! ;through that basis. Many, many citizens had input into the Bicentennial Center, ;the engineering firm met with I don't know how many groups of people, of :interested individuals and interested groups, and got their input. That was !� .taken into consideration in the design concept and then presented back to the ') 'Commission. What I am saying is, I have not designed a park. I have not conducte�j '1 �i 'i i a park study or a park survey. I have not drawn an ordinance to set up a park advisory board. I think there are professionals who have, and with citizen ?input, in particular your organization who has done a tremendous amount of work 11 on that, putting information through or sitting down with the Commission and the consulting firm together and other interested individuals, and working it out. !Now if you feel that we can get by, or do all of this without professional help, ?professional advice, you know that is something the Commission then has to decide upon. But as I say, I think there is something to be said for the voice =of experience in these areas. Commissioner Weisgerber - I think there is a lot to be said by doing it the way we did with the Bicentennial building, by asking the League of Women Voters to work with a professional and members of the Audubon Society that we know have a particular interest and others too and channel that either through the professional or in combination with them and us is what you are saying. Commissioner Simpson - It would seem that the work you have done would not be at all wasted. It would save a tremendous amount of time and money certainly for someone to at this point in time to take your input and the data you developed, and sit down with you and with us and see where we need to go from there. Mrs. Kenneth (Lal) Baker, Route 5, chairperson of the study group of the League of Women Voters, was present asking the City Commission to set a date and time to meet with the league members to go over the previous studies. "I am not suggesting that you do not need another professional study, but I am suggesting that you do need to be acquainted with the past studies. Have any of you read any of the past studies?" Commissioner Graves - We have read all of them. You see we are a !policy making group. We basically can't sit and listen, day in and day out to ;every board and commission. I wish we could, but we are spending 30 and 40 hour !?weeks on this. At some point we have got to say we don't know all there is on this subject. We have got to spend a few bucks and get a professional hint, and I I'll swear I can't sit down and spend 6 hours looking at that. Commissioner Weisgerber - This is exactly what you asked me for, was 11to have a professional look at this when you were talking with me and that is inexactly what we are trying to do right now... i Mrs. Baker - I have one other comment that goes back to the Southeast !.Park, and I am again speaking as an individual. A landscape designer or architecti' ?would have taken that ground, would have perhaps would have, there are always 'exceptions in each of us as an individual, would have taken that land knowing !j that they want to incorporate a natural area of prairie grass, you would have 11looked at that ground, seen a natural area already there. I am not suggesting Ithat you encourage children to play on trees that have thorns that big, but ?'surely you incorporate what natural things are there into the plan before you ??start hacking everything down. I know that from first hand experience. If you 11will read in your Wilson and Company study done in 1964, right in there it says Ithe first thing that is done is you take into account all of the natural assets ,of the site and you incorporate them as best you can, not always, not all the (time, but to whack the whole thing out and start anew is ridiculous, and where J ts your - that is the only natural windbreak on that site and to tear down an ;existing windbreak to plant new trees doesn't make sense. I am not denying that ,you don't have qualified people in the department, but I do agree very much with ';Jerry that you need to have - experience speaks. That is all I have to say. ii Mayor Duckers - We have a suggestion, the League would like to meet Iwith the Commission at a mutually convenient time. I� Commissioner Geis - I would be in favor of such a meeting, even though 'in the future we might find it necessary to go through it again. I would feel a !1 little more comfortable having the background. ,i 1i i i Commissioner Simpson - What would be the scope of your report, timewise Mrs. Baker - Timewise, probably 2 to 3 hours. Commissioner Simpson - Let me see, the energy people, and the school board and County are to meet on the 21st. ... I would, put it on the Commission agenda next week, and however long it takes, if we go to 6 o'clock, 7 o'clock, 8 o'clock, whatever time is necessary to give you the opportunity to discuss this with the Commission. Mayor Duckers - Let's put it the last item on the agenda, then if people want to leave, they can. Mrs. Baker - Alright that would be fine. Commissioner Simpson - I move that prior to December 1, 1977, the Commission choose a professional consulting firm to work on the three areas outlined in my recommendations, and that as the last item on the Commission agenda for the November 14th meeting we will hear a report from the League of Women Voters regarding the park study. Commissioner Geis - I'll second it. Commissioner Weisgerber - I wish we had a consultant ... Commissioner Simpson - Well, it would be helpful but I think the League can get their input to us, and then they can meet with the consultant. The consultant will eventually get back to us with their recommendations and the basis for their recommendations. Mayor Duckers - Sharon, I would like to echo what has been said before, even though we might not be completely on the same wave length, it doesn't mean all of your many hours of study and work have gone unnoticed and we do appreciate it. Mrs. Denton - Thank you and we do appreciate the opportunity to have a specific time to present - I think perhaps our misunderstanding was that we felt that you would want a meeting separate from Commission meeting because of the length of our presentation, but we are greatful for the opportunity. Commissioner Simpson - We are used to staying here long after dark. Mayor Duckers called for a vote on the motion. Ayes: (5)• Nays: (0). Motion carried. The Commissioners brought the following item to the floor for discussion Commissioner Geis asked about the status of the report from Hay Associates concerning a job classification and pay study. Mr. Olson replied that staff will be in contact with them this week and meeting with them soon. Their report will be submitted in December. A MOTION was made by Commissioner Simpson, seconded by Commissioner Weisgerber that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. The meeting adjourned at 5:29 P.M. D. L. Harrison, City Clerk