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04-10-1978 MinutesCity of Salina, Kansas Regular Meeting of the Board of Commissioners April 10, 1978 The Regular Meeting of the Board of Commissioners met in the Commissione Room, City -County Building, on Monday, April 10, 1978 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 printed. The Minutes of the Regular Meeting April 3, 1978, were approved as THE MAYOR PROCLAIMED the Week of April 16 through 22, 1978 - "PRIVATE PROPERTY WEEK". The proclamation was read by Jim King, Private Property Committee Chairman. THE MAYOR PROCLAIMED the Month of May, 1978 - "FAMILY CAMPING MONTH". The proclamation was read by Mrs. L. I. (Minnie) Reed, Field Director of the National Campers and Hikers Association. STAFF AGENDA BIDS WERE RECEIVED for Engineering Project 78-634 for street and utility improvements in Country Club Estates Addition Number 3: J. S. Frank Construction Company, Inc. $142,116.00 Commence May 1, 1978 and require 120 calendar days. Smoky Hill, Inc. 150,909.50 Commence July 17, 1978 and require 120 calendar days. Engineer's Estimate 154,935.00 A motion was made by Commissioner Simpson, seconded by Commissioner Graves to award the contract for Engineering Project 78-634 to J. S. Frank Construction Company, Inc., as the low bidder, in the amount of $142,116.00. Ayes: (5). Nays: (0). Motion carried. MR. OLSON reported on the Carver Neighborhood Center bids received April 3, 1978, that the bids submitted did not meet the specifications as they relate to affirmative action plans or utilization goals, and recommended all bids be rejected and the City Clerk be instructed to readvertise for bids to be received April 17, 1978, with the intention of awarding the contract on that date. A motion was made by Commissioner Graves, seconded by Commissioner Weisgerber to instruct the City Clerk to advertise for bids to be received April 17, 1978 for the construction of Carver Neighborhood Center. 1 1 F1 The Mayor asked Commissioner Graves to convene the board and serve as acting chairman until a permenent chairman is selected. The Mayor announced that the Memorial Stadium Baseball Park Committee will hereafter be known as the Salina Adult Baseball Board. Salina Adult Baseball Board Harold Frazier, appointed to succeed Max Smith for a 3 year term to April 1, 1981 THE MAYOR, with the approval of the Board of Commissioners dissolved the ''Mayor's Baseball Committee'', and thanked them for their fine work and advice to the City Commission. Commissioner Geis asked about the water level in Lakewood Lake. A MOTION was made by Commissioner Simpson, seconded by Commissioner Weisgerber that the Commissioners recess into executive session to discuss land acquisition. Ayes: (5). Nays: (0). Motion carried. The Commissioners recessed at 5:07 P.M. and reconvened at 5:50 P.M. 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 5:51 P.M. D. L. Harrison, City Clerk 1 1 1 Cecil Hersh, Pat Wallerius, Bob Albers, and staff members discussed bid procedures, bid specifications, affirmative action plans and utilization goals required by the City Code. Mr. Bengtson said the specifications are very specific, in that they said the affirmative action program and utilization goals would be filed with the bids. Commissioner Graves amended her original motion to say the City Commission rejects all bids and the City Clerk is instructed to advertise for bids to be received April 17, 1978 for the construction of Carver Neighborhood Center. The motion was seconded by Commissioner Weisgerber. Ayes: (5). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizit and ordering certain curbing, guttering, paving, grading, water mains and services sanitary sewer and storm drainage improvements, ordering preparation of plans and specifications and the estimate of costs." A motion was made by Commissioner Simpson, seconded by Commissioner Graves to adopt the Resolution as read and the following vote was had: Ayes: Graves, Simpson, Weisgerber, Geis, Duckers (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3360. A LETTER was received from the Citizen's Advisory Committee recommending the adoption and implementation of the Citizen's Advisory Committee Remodeling Practice Sub -Committee Proposal. Commissioner Weisgerber said he is concerned about the proposal because he doesn't feel the City should be in the position of being a judge on the quality of the work done. Commissioner Simpson asked John Chalmers about the primary intent or legal capacity of the proposal. John Chalmers, Chairman of the Citizens' Advisory Committee, said, "The primary purpose of this coming through, to begin with, was the idea of creating some type of program which could be implemented, much of which is already on the books as far as inspections are concerned; also as far as building permits are concerned, but primarily this would only affect structural changes. If it meant painting, paperhanging, wallboard construction, plasterboard, whatever you are talking about on existing walls it would take nothing whatever. The only thing we are hoping to accomplish is to try and bring about some kind of awareness program. Make people aware of the fact if they get into a remodeling program that there are people about the City of Salina who are not capable of doing a good job, but there are also people who do a good job and consequently get some type of awareness made to them prior to them ever getting involved with a contract or contractor. Now the primary function of this would be simply to lend a tool to much already existing laws that are presently on the city books, and I would recommend maybe more study, but don't just simply say you are involved in some legal aspects that maybe you don't want to become involved and discard it as a poor policy because of this fact. There is a need, there is a definite need. There was a lot of input into this not only from the standpoint of CAC members but certainly from a number of contractors themselves. The contractors even feel like there is a great need for some type of measure. Not necessarily licensing. Licensing was not part of this particular type recommendation, it was simply a means of keeping on file a form whereby the contractor brought back to his prospective customer, said read this, we both sign it, if it is correct and we both follow through then it is a completed transaction, if not there is some recourse, and there is recourse by inspection and this type of thing, which as I understand the building inspectors of the City of Salina have already agreed to the fact that they have the manpower, they have the time and will certainly comply with whatever recommendation comes from this group." A motion was made by Commissioner Simpson, seconded by Commissioner Geis to refer the Citizens' Advisory Committee recommendation to staff for consideration and a report back to the City Commission. Ayes: (5). Nays: (0). Motion carried. THE CITY PLANNER reported on the zoning of the property proposed to be annexed. (Tracts 1 through 13, Golden Acres Subdivision) (Tabled at the March 27, 1978 meeting.) A motion was made by Commissioner Geis, seconded by Commissioner Simpson to remove the matter from the table for consideration. Ayes: (5). Nays: (0). Motion carried. The City Planner reported the land is heavy industrial in the County, and the City Land Use Plan shows the area for industrial development, and recommended if the property is annexed that it be made I-2, Light Industrial District. Mr. Chet Deck, Continental Equipment, Ltd, said he does not strenuously object to annexation if a tax credit is given to amortize the cost of their utilities. He said the annexation will increase their taxes 50.4% if no utilities are brought out to the property. Mr. Jack Beverly said taxes on property in the City of Salina are too high for farmland. Dr. Dan King said he is concerned about having to pay a second time for utilities, and that he appreciates consideration on the zoning. The Commissioners, staff and interested people discussed utilities, tax forgiveness as a policy, the undeveloped portion of the area to be annexed, the annexation plan, fire rates, options of annexation, and a possible deferred effective date if annexation occurs. A motion was made by Commissioner Geis, seconded by Commissioner Graves to accept the recommendation of the City Planning Commission to annex Tracts 1 through 13, Golden Acres Subdivision with I-2 Zoning, and to introduce the annexation ordinance for first reading. Ayes: Geis, Graves (2). Nays: Simpson, Duckers (2). Commissioner Weisgerber abstained. A RESOLUTION was introduced and passed entitled: "WHEREAS the Union Pacific Railroad Company has tendered to the City of Salina, State of Kansas, an agreement covering the construction, maintenance and operation of an underground water pipe line under the track of the Railroad Company near Salina, Saline County, Kansas; such agreement being identified in the records of the Railroad Company as its C.D. No. 42989-6." (Water line crossing under the tracks in Crawford Avenue at Fourth Street) Mr. Olson stated the agreement is at no cost to the City. A motion was made by Commissioner Geis, seconded by Commissioner Simpson to adopt the Resolution as read and the following vote was had: Ayes: Graves, Simpson, Weisgerber, Geis, Duckers (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3361. A LETTER was received from the City Planning Commission recommending the denial of Zoning Application 78-4, filed by Carolyn Smolich for the rezoning of the West 85 feet of the East 210 feet of Lot 4, Block 6, Oakdale Addition from District C-1 to C-2 (Neighborhood Shopping District). Mayor Duckers suggested this matter be tabled to give the Commissioners time to read the minutes of the City Planning Commission meeting, which they received just prior to the meeting, and to do their own investigation of the area. Carolyn Smolich, petitioner; Gary McCausland, Realtor; and Jim Ward, present property owner, were present asking that the property be rezoned. Mr. McCausland said he had additional information to bring to the Commissioners, and they have no objections to the matter being tabled until the Commissioners have had time to check it out. A motion was made by Commissioner Graves, seconded by Commissioner Simpson to table Zoning Application 78-4 for two weeks, to April 24, 1978. Ayes: (5). Nays: (0). Motion carried. 1 1 1 9% PUBLIC AGENDA PETITION NUMBER 3693 was filed by Arthur F. Bettenbrock for the replacement of the sidewalk in front of 314, 320, and 322 North 11th Street. 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. PETITION NUMBER 3694 was filed by Kenneth W. Wasserman for the pavement of South Street from the point where said street intersects with Broadway Avenue west to the point where said street intersects with Armory Road; pavement of excel and decel lanes at point of ingress and egress of former Avalon Drive and Broadway Boulevard, storm sewers for Block B, Park West Addition, 12" water main and service for Block B, Park West Addition, sanitary sewer for Block B, Park West Addition and pavement of Armory Road from the intersection of South Street and Armory Road to the southwest corner of Block B, Park West Addition. A motion was made by Commissioner Weisgerber, seconded by Commissioner Simpson to refer the petition to the City Engineer for a report. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3695 was filed by Daniel C. King for the vacation of the 10 foot utility easement along the west property line of Lot 10, Block 3, Schippel Replat. A motion was made by Commissioner Geis, seconded by Commissioner Graves to refer the petition to the City Engineer for a recommendation. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA The following items were brought to the floor for discussion: Commissioner Geis said he has had several calls from concerned citizens !' about the group of people congregating, and the high speed traffic through Sunset Park which are making it difficult for families to enjoy the park. The Commissioners asked that the Police Department keep a closer watch and patrol the park more frequently. Commissioner Geis asked about the unfortunate sounding of the tornado siren during the weekend. Mr. Olson commented that it was some sort of malfunction. Commissioner Geis asked about the status of the railroad crossings, and when they are going to be repaired. Mr. Boyer said Rock Island and Missouri Pacific have indicated they will commence their repair work next week. A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Simpson, that the Commissioners recess into executive session to discuss appointme�tsi to the Library Board and the possible issuance of Industrial Revenue Bonds. Ayes: (5). Nays: (0). Motion carried. The Commissioners recessed at 6:05 P.M. and reconvened at 6:35 P.M THE MAYOR, with the approval of the Board of Commissioners made the following appointments: Library Board John Black, appointed to suceed Sherwood Parks for a 4 year term to April 30, 1982. Mary Nell Beatty, appointed to succeed Dean Owens for a 4 year term to April 30; 1982. .V� A RESOLUTION was introduced and passed entitled: "A RESOLUTION expressin the intention of the City of Salina, Kansas, to issue Industrial Revenue Bonds for Salina Presbyterian Manor, Inc., in an amount of approximately $2,000,000." A motion was made by Commissioner Weisgerber, seconded by Commissioner Graves, to adopt the Resolution as read and the following vote was had: Ayes: Graves, Weisgerber, Geis, Duckers (4). Nays: (0). Commissioner Simpson abstained. Carried. The Mayor approved the Resolution and it is numbered 3362. The Commissioners said the issuance of the Industrial Revenue Bonds will be contingent on Salina Presbyterian Manor, Inc., furnishing the financial data requested by the City Commission. A MOTION. was made by Commissioner Geis, 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 6:40 P.M. , Lc D. L. Harr son, City Clerk