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07-24-1978 MinutesCity of Salina, Kansas Regular Meeting of the Board of Commissioners July 24, 1978 The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, July 24, 1978, at four o'clock P.M. JThe Mayor asked everyone to stand for the opening ceremony. f There were present: Mayor Jack Weisgerber, Chairman presiding Commissioner Keith G. Duckers j� Commissioner Dan S. Geis Commissioner Karen M. Graves Commissioner Gerald F. Simpson comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney I Norris D. Olson, City Manager D. L. Harrison, City Clerk I Absent: None The Minutes of the Regular Meeting of July 17, 1978, were approved as printed. i i THE MAYOR PROCLAIMED the week of August 1 through 7, 1978 - "NAVY MOTHER'S WEEK'. The proclamation was read by Lorena Wicks, Judge Advocate of the Salina Navy Mothers. STAFF AGENDA t A RESOLUTION was introduced and passed entitled: "A RESOLUTION appropriating the sum of $304,774.65, being the contract price for materials and labor supplied and furnished in the matter of the construction of certain curbing,' guttering, paving, grading, storm sewer, water main, sanitary sewer and sewage pump station and force main improvements in the City of Salina, and further providing for the issuance of one temporary note in the sum of $304,774.65 for ' the payment therefor." A motion was made by Commissioner Graves, seconded by I Commissioner Duckers to adopt the Resolution as read and the following vote was had: Ayes: Duckers, Geis, Graves, Simpson, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3380. [Engineering Project 78-635, Park West Addition, PT -90.] A RESOLUTION was introduced and passed entitled: "A RESOLUTION appropriating the sum of $299,411.80, being the contract price for materials and labor supplied and furnished in the matter of the construction of certain curbing,': I I guttering, paving, grading, water main and services, sanitary sewer and storm drainage improvements in the City of Salina, and further providing for the issuance of one temporary note in the sum of $299,411.80 for the payment therefor.' A motion was made b Commissioner ssioner Simpson, seconded by Commissioner Geis to , adopt the Resolution as read and the following vote was had: Ayes: Duckers, Geis, Graves, Simpson, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3381. [Engineering Project 78-636, Eastridge, I, Riverdale and Georgetown Additions, PT -91.1 I i' 1.68 A RESOLUTION was introduced and passed entitled: ''A RESOLUTION appropriating the sum of $161,236.00, being the contract price for materials and labor supplied and furnished in the matter of the construction of certain curbing, guttering, paving, grading, water main, and sanitary sewer improvements in the City of Salina, and further providing for the issuance of one temporary note in the sum of $161,236.00 for the payment therefor.'' A motion was made by Commissioner Duckers, seconded by Commissioner Graves to adopt the Resolution as read and the following vote was had: Ayes: Duckers, Geis, Graves, Simpson, Weisgerber (5)• Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3382• [Engineering Project 78-638, Southeast Park, PT -92•] A RESOLUTION was introduced and passed entitled: ''A RESOLUTION appropriating the sum of $302,147.50, being the contract price for materials and labor supplied and furnished in the matter of the construction of certain curbing, guttering, paving, grading, water main and service lines, and sanitary sewer improvements in the City of Salina, and further providing for the issuance of one temporary note in the sum of $302,147.50 for the payment therefor.'' A motion was made by Commissioner Geis, seconded by Commissioner Simpson to adopt the Resolution as read and the following vote was had: Ayes: Duckers, Geis, Graves, Simpson, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3383• [Engineering Project 78-639, Country Club #5 and Dow Additions, PT -93.1 A LETTER was received from the City Planning Commission recommending that Zoning Application 78-7, filed by the Salina City Planning Commission to allow the placement of individual mobile homes on residential lots as a conditional use, be denied on the basis that the alternatives presented do not adequately handle the situation. A motion was made by Commissioner Graves, seconded by Commissioner Duckers to accept the recommendation of the City Planning Commission and deny the Zoning Application. Ayes: (5)• Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending that 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 KWU, from R-1 to R-2 (Multiple Family Residential) be approved. Bob Constable, Attorney, representing a large number of the surrounding land owners, adjacent to the property proposed for rezoning, asked that the City Commission deny the zoning request because it is very clearly a single family residential area, the slough is adjacent to the property. Minneapolis is not a through street and the street does not carry a lot of traffic and there are no parking problems in the area. The residences are holding their value pretty well. He said eighty percent of the surrounding land owners have either filed a protest petition or are in the process of filing a protest petition, and feel this would all change if it is spot zoned to R-2 for two duplexes to be put on the land in question. The property owners feel that the possible opening of the Schilling Manor Housing area would eliminate the need for any additional housing of this nature for quite some time. Mr. Constable asked the property owners who are interested in this matter to stand to signify their opposition to the proposed rezoning. About a dozen people stood. Mr. Constable said most of the people had signed an informal petition, which was presented to the City Planning Commission at the time of the hearing indicating that they were opposed to the proposed rezoning. He said they object to the attitude of one or more members of the Planning Commission that ''if you don't like it you can move'', and they are very unhappy about the proposed rezoning which constitutes spot zoning. They like the neighborhood as it is and there is no need for the spot zoning to R-2 for duplexes. The Commissioners asked to see the zoning map on the zoning application. Mr. Rawlings, Mr. Olson, and Mr. Constable approached the bench and discussed the zoning request. lE�q A motion was made by Commissioner Graves, seconded by Commissioner Duckers to accept the recommendation of the City Planning Commission and approve Zoning Application 78-8, and to introduce the rezoning ordinance for first reading. Ayes: Duckers, Graves (2). Nays: Geis, Simpson (2). Mayor Weisgerber voted aye. Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending that Zoning Application 78-9, filed by Saline County Commission, Wayne Lockard Chairman, for the rezoning of a portion of Lots 1 through 5, on Park Street, and the vacated alley in Bishop's Addition, from R-3 to C-5 (Service Commercial District), be approved. A motion was made by Commissioner Simpson, seconded by Commissioner Graves to accept the recommendation of the City Planning Commission and approve the zoning application, and to introduce the rezoning ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending that Zoning Application 78-10, filed by Kenneth W. Wasserman, for the rezoning of Lots 1 and 3, Block 13, Pacific Addition from C-3 to C-5 (Service Commercial District) be approved. A motion was made by Commissioner Geis, seconded by Commissioner Graves to accept the recommendation of the City Planning Commission and approve the zoning application, and to introduce the rezoning ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: PUBLIC AGENDA PETITION NUMBER 3708 was filed by Clara Thomas and Mrs. Gertrude E. Cook, protesting the proposed change of zoning for property described in Zoning Application 78-8 at 312-314 East Minneapolis. A motion was made by Commissioner Duckers, seconded by Commissioner Graves to refer the petition to the City Planning Department for a report. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3709 was filed by Ronald E. Williams, Director of Safety for Graves Truck Line, for Graves Boulevard to be designated as ''no parking'' from the Graves terminal gate for 250 feet towards Crawford Street. A motion was made by Commissioner Simpson, seconded by Commissioner Duckers to refer the petition to the City Engineer for a recommendation. Ayes: Duckers, Geis, Simpson, Weisgerber (4). Nays: (0). Commissioner Graves abstained due to a conflict of interest. Motion carried. COMMISSION AGENDA Mayor Weisgerbar asked if anyone present wished to make comments or ask questions about the 1979 Proposed Budget or Revenue Sharing for the 10th Entitlement Period. Mary Ann Powell, Energy Chairperson, and Glorine Shelton, President, League of Women Voters; Virginia Usher and George Etherington were present to support the use of $5,000 Revenue Sharing Funds to subsidize paper recycling, as has been done in past years. Russ Jones, was present to support the Human Resources budget. He said he observed the program first hand with the remodeling of Memorial Hall and is impressed with the program being set up there. He said he feels it would be a mistake to curtail the budget because Carmen needs the 10 people to staff the three Neighborhood Centers we are going to have, even though Carver Center will not be fully staffed. Mike Sanders, United Way, said he had an executive meeting with the officers of the United Way and discussed the proposal presented to the City Commission by Carmen Chirveno. He presented the Commissioners with a letter drafted by George Yarnevitch. Commissioner Geis said he feels the appropriation of funds to the United Way for distribution is a "cop out". He asked if it would be possible to use the expertise of the United Way in the determination of how the funds could be distributed, but without the funds actually passing through the agency? Mr. Sanders said the United Way is willing to work with the City Commission. Commissioner Geis also suggested that the City Commissioners get together with the County Commissioners and representatives of the United Way next year and listen to the appeals for Revenue Sharing Funds as a group. Wanda Macy, President of Parents Annonymous, said they were told by the United Way that they were not eligible for funds and asked what determines United Way eligibility? Mike Sanders listed the qualifications. Tom Cure, D.V.M., member of the Animal Control Board, said he supports the full allocation of funds for the Animal Shelter in the 1979 proposed budget. He said the City is long overdue for something to be done out there to change the environment of the housing of the animals, and enlarge the facility to avoid overcrowding. He added there is a problem of public health from the standpoint that the city is in the business of adopting out pets that are exposed to just about anything, which go home to contaminate the innocent family with such things as ringworm, rabies, and general disease. Kay Carlson, Chairwoman of the Animal Control Board, said she agrees with Dr. Cure. She said she knows the animal shelter and animal control will never be number 1 on the priority list, but it is nearly always last. She said it is a necessity to use all the money allocated to eliminate a disgrace. Joanne Aills, member of the Saline County Humane Association, said she hates to see the budget cut because the animal shelter needs improvement and enlargement. Commissioner Graves said Garth Hulse agrees with the Animal Control Board and suggested Dr. Cure could be a resource person when the new animal shelter is constructed. "SIDEWALK TO PARSONS SCHOOL". (Sponsored by Mayor Weisgerber). Mayor Weisgerber said the Tri -Governmental Council asked the City Commission to consider constructing a sidewalk to Parsons School. Mr. Bengtson explained that state law does not allow the City to construct sidewalks, or any other improvements, outside the city limits, but 25 resident property owners in a precinct or ward may petition the governing body for the installation of sidewalks in any area in the city and the City Commission may, by resolution, authorize the sidewalks to be constructed and taxed back to the property owners as a special assessment. Mr. Ed Boyce, Safety Chairman for Parsons School, presented a petition for the construction of sidewalk, and it was later numbered 3317• A motion was made by Commissioner Duckers, seconded by Commissioner Simpson to refer the petition to the City Engineer to be checked for sufficiency of signers. Ayes: (5). Nays: (0). Motion carried. Commissioner Duckers asked that staff notify USD 305 and the County that the City cannot extend sidewalk outside the city limits. "COUNTY'S LETTER OF JUNE 6, 1978 RELATING TO PICKING UP STRAY DOGS" (Sponsored by Mayor Weisgerber). Mayor Weisgerber said this came up at the Tri -Governmental Council, and the County offer was that they will pay $15.00 to the city for each dog, and they will pick up the stray dogs and deliver them to the dog pound. ?7l D. L. Harrison, City Clerk 1 A motion was made by Commissioner Duckers, seconded by Commissioner Geis to refer the letter to staff to get together with the county staff to work out the details to implement the program, with the cost to be whatever the actual cost is to the city. Ayes: (5). Nays: (0). Motion carried. The Commissioners brought the following items to the floor for discussion: Commissioner Geis mentioned that the Tri -Governmental Council asked the City Commission to discuss the idea of supporting the establishment of an Energy Commission and the appointment of city representatives to that commission. The Commissioners suggested it be placed on the agenda by Geis. A motion was made by Commissioner Duckers, seconded by Commissioner Geis to recess into executive session to discuss appointments to boards and commissions, to reconvene at 5:50 P.M. The Commissioners recessed at 5:34 P.M. and reconvened at 6:18 P.M. A motion was made by Commissioner Simpson, seconded by Commissioner Duckers that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. The meeting adjourned at 6:18 P.M. D. L. Harrison, City Clerk 1