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05-22-1978 Minutes. :_c:c City of Salina, Kansas Regular Meeting of the Board of Commissioners May 22, 1978 The Regular Meeting of the Board of Commissioners met in the Commissi Room, City -County Building, on Monday, May 22, 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 M. E. Abbott, Acting City Clerk Absent: D. L. Harrison, City Clerk The Minutes of the Regular Meeting of May 15, 1978 were approved as printed. THE MAYOR PROCLAIMED the Week of May 29, through June 4, 1978 - "AMATEU RADIO WEEK". The proclamation was read by Jim McKim, a charter member of the Central Kansas Amateur Radio Club. STAFF AGENDA BIDS WERE RECEIVED for Engineering Project 78-638 for street and utility improvements in Southeast Park. Mr. F. E. Frank, President of J. S. Frank Construction Company, Inc., was present to present his views on concrete paving versus asphalt paving in the City of Salina. Mr. Frank introduced Warren Johnson, Marketing Manager of General Portland Cement Company, Wichita, Kansas who said the advantages of concrete paving are: concrete is more pleasing from an aesthetic viewpoint; concrete design will carry a higher volume of heavy traffic; first costs are nearly comparable; maintenance expenditures are lower; service life is longer; and energy impact is less critical. He said the City Commission should consider the first costs, service life, future resurfacing of the asphalt, and maintenance costs of the two pavements and that their decision should be based on the total cost of each pavement over its service life and not on first costs alone. Mr. Lloyd Peterson, Portland Cement Association of Kansas, said he is involved in research and development of concrete and in doing some promotion. He said he is making a survey of how concrete streets are doing after this past long, hard winter and how the concrete is performing. He said 1968 Salina records show that Salina had approximately 200 miles of pavement, 70% or 140 miles were concrete, 18% or 36 miles were asphalt, and 12% or 24 miles were brick. He said the survey found that Manhattan compared to Salina in the percenta of concrete streets and that these 2 cities had the lowest maintenance costs in the State for streets because a large percentage are concrete. Mr. Mike Brown, Brown and Brown, Inc., said you can do a lot of different things with figures, but the engineer recommends both types of pavement as equals. s' 1 1.25 Commissioner Graves suggested the companies guarantee their products for a 20 year period or submit a maintenance contract with the bids. Commissioner Geis asked if statistics are available of concrete versus asphalt and suggested that data be developed to make a cost comparison on the maintenance costs over an extended period of time. Mr. Don Bassett, Traffic Engineer, said the city has records which show when the streets were built, whether they were asphalt or concrete, and what was done and what year after that. PART I WATER AND SANITARY SEWER IMPROVEMENTS Smoky Hill, Inc. $24,091.00 Commence September 1, 1978 and require 120 calendar days Stevens Contractors, Inc. 24,377.00 Commence August 1, 1978 and require 45 calendar days Earth Excavation, Inc. 26,807.50 Commence July 24, 1978 and require 60 calendar days Engineer's Estimate 26,025.00 PART 11 STREET PAVEMENT (Asphalt Pavement Alternate) �i Brown and Brown, Inc. $137,120.00 Commence July 5, 1978 and require 180 calendar days after the completion of Part I Engineer's Estimate 175,545.00 3 PART II STREET PAVEMENT (Concrete Pavement Alternate) Smoky Hill, Inc. $155,120.00 Commence September 1, 1978 and require 120 calendar days J. S. Frank Construction Company, Inc. 210,941.00 Commence September 15, 1978 and require 300 calendar days Engineer's Estimate 175,545.00 Mayor Weisgerber said he is concerned about the difference in starting time and length of time required to complete Part I. A MOTION was made by Commissioner Simpson, seconded by Commissioner Duckers to refer the bids for Part I to the City Engineer for a recommendation back on June 5, 1978 concerning the time element. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Duckers, seconded by Commissioner Simpson to award the contract for Part II to Brown and Brown, Inc., as the low bidder for the asphalt pavement alternate, in the amount of $137,120.00. Ayes: (5). Nays: (0). Motion carried. Commissioner Simpson suggested the Engineering Department update the original cost and maintenance records on the two pavements and keep those records up to date for future recommendations. i I. t2c BIDS WERE RECEIVED for Engineering Project 78-635 for street and utility improvements in Park West Addition. PART I WATER AND SANITARY SEWER IMPROVEMENTS Smoky Hill, Inc. $71,176.40 Commence June 15, 1978 and be completed on or before August 15, 197 Stevens Contractors, Inc. 78,513.50 Commence June 1, 1978 and be completed on or before August 15, 1978 Engineer's Estimate PART II STREET PAVEMENT 73,830.00 Smoky Hill, Inc. $233,598.25 Commence June 15, 1978 and be completed on or before August 15, 197 Stevens Contractors, Inc. 246,561.40 Commence June 1, 1978 and be completed on or before August 15, 1978 Engineer's Estimate 235,550.00 A MOTION was made by Commissioner Simpson, seconded by Commissioner Graves to award the contract to Smoky Hill, Inc., as the low bidder for Part in the amount of $71,176.40, and for Part II in the amount of $233,598.25• Ayes: (5). Nays: (0). Motion carried. 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.'' [Z78-5 filed by Raymond A. Boyer for the rezoning of the West 210 feet of the South 65 feet of Lot 2, Block 1, Tolle Subdivision from District R-1 to District R-2 (Multiple Family Residential 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 8636. The ordinance was introduced for first reading May 8, 1978. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the vacation of Country Hills Court and Country Hills Terrace in the City of Salina, Saline County, Kansas." [Requested in Petition Number 3687, filed by David Werth.] A motion was made by Commissioner Duckers, seconded by Commissioner Simpson to adopt the ordinance asread 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 8637• The ordinance was introduced for first reading May 15, 1978. A RESOLUTION was introduced and passed entitled: "A RESOLUTION determini the advisability of curbing, guttering, paving, grading, water main, sanitary sewer and storm sewer improvements, estimating the cost thereof, defining the boundaries of the improvement distirct, method of assessment, and apportioning the cost between the improvement district and the City -at -large." (Improvements in Country Club Heights Addition Number 5.) The City Attorney said the last he heard, the property owners to the north of Country Club Heights Addition #5 are -going to form a benefit district and petition the City Commission for storm drainage improvements. A motion was made by Commissioner Geis, 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 3370• 1 1 1 ") �-4 :'di A LETTER was received from the City Planning Commission concerning Petition Number 3700, filed by Michael Adams for the renaming of Brandau Road to Rickel Road, and recommended the request of the petitioner to withdraw the request be approved. A motion was made by Commissioner Duckers, seconded by Commissioner Geis to accept the City Planning Commission recommendation and allow the petition to be t,�!ithdrawn. ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the Salina Land Use Plan be amended to show Kessler Addition (Annexed on August 25, 1977) as industrial; Roselawn Cemetery (annexed on August 25, 1977) as public and semi-public; and the remainder of Mayfair Addition (annexed on November 17, 1977 and March 9, 1978) as residential. A motion was made by Commissioner Duckers, seconded by Commissioner Simpson to accept the recommendation of the City Planning Commission and amend the Salina Land Use Plan as recommended.) Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the denial of Zoning Application 78-4 and P.D.D. Application 78-4A, 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 C-1 to C-2/P.D.D. (Neighborhood Shopping District - Planned Development District). Mr. Jim Ward, property/ owner, was present and reviewed the history of the zoning application and that the plans for the Planned Development District eliminated most of the objectionable uses. He said he does not feel the City Planning Commission made a reasonable recommendation on the zoning request and feels there were misunderstandings because many questions were not dealt with properly and asked the City Commission for their consideration. Mayor Weisgerber said the application was sent back to the City Planning',' Commission with a recommendation for a Planned Development District to preserve the character of the property and to limit the uses to be allowed on the property.' Commissioner Simpson said there is concern about the historical and architectural significance of this particular building, but they probably have less control of the property than they think. He said a zone is needed to preserve historical property and asked if the City Planning Commission has given this serious consideration? j Mr. Rawlings said the staff will make a report on the alternative approaches to a historical zone in late June or July. Commissioner Duckers asked if the staff did recommend approval of the Planned Development District, and that the City Planning Commission did discuss the application, and that the vote to deny the application was 5 to 3. Mr. Rawlings confirmed that these things did occur. A motion was made by Commissioner Simpson, seconded by Commissioner Duckers to reject the recommendation of the City Planning Commission and to approve Zoning Application 78-4A and to introduce the rezoning ordinance for first reading for the rezoning of the West 85 feet of the East 210 feet of Lot 4, Block 6, Oakdale Addition to C-2 (Neighborhood Shopping District) and to approve the Preliminary Development Plan, based on the findings of fact of the City Planning staff. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A MOTION was made by Commissioner Graves, seconded by Commissioner Simpson, to introduce an ordinance for first reading authorizing the City of Salina, Kansas, to acquire the real property hereinafter described and to construcit' purchase and install buildings and improvements and machinery and equipment to be leased to Salina Presbyterian Manor, Inc., A Kansas Not for Profit Corporation;', authorizing and directing the issuance of $2,000,000 principal amount of Industrial Development Revenue Bonds, Series June 1, 1978 (Salina Presbyterian Manor, Inc.) of said city for the purpose of providing funds to pay the cost of acquiring said real property and constructing, purchasing and installing said buildings and improvements and machinery and equipment to be leased to said company; prescribing the form and authorizing the execution of a lease by and between said City and said Company; and prescribing the form and approving the execution of a guaranty agreement by United Presbyterian Foundation of Kansas, Inc., a Kansas Not for Profit Corporation. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: 28 THE CITY ATTORNEY reported on Petition Number 3701 which was filed by Wayne Lockard, County Commissioner, for the waiver of the $100.00 filing fee for an application to rezone property at 9th and Park Streets for the Saline County Ambulance Service, and said the City Commissioners have his written report and there is no way the City Commission can lawfully waive the filing fee without amending the ordinance. A motion was made by Commissioner Duckers, seconded by Commissioner Geis to accept the City Attorney's report and deny the petition. Ayes: (5)• Nays: (0). Motion carried. PUBLIC AGENDA PETITION NUMBER 3702 was filed by Joe Mendicina, President of Park Limited, for the vacation of the easement for roadway purposes in Lot 1, Block B; Lots 1 and 9, Block C, Park West Addition to the City of Salina, Saline County, Kansas. A motion was made by Commissioner Geis, seconded by Commissioner Duckers to refer the petition to the City Engineer for a recommendation. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE License application was filed by Janis C. Hawk, d/b/a Boon Docks Tavern, 616 North Broadway. (Transfer of location from 701 North Broadway). The Acting City Clerk reported the application has been approve by the Health Department and the Zoning Officer. A motion was made by Commission Simpson, seconded by Commissioner Graves to approve the license application and authorize the City Clerk to amend the original license. Ayes: (5)• Nays: (0). Motion carried. COMMISSION AGENDA The Commissioners did not bring anything to the floor for discussion. A MOTION was made by Commissioner Graves, seconded by Commissioner Geis that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. The meeting adjourned at 5:21 P.M. M. E. Abbott, Acting City Clerk