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09-25-1978 Minutes1 City of Salina, Kansas Regular Meeting of the Board Of Commissioners September 25, 1978 The Regular Meeting of the Board of Commissioners met in the City Commission Room, City -County Building, on Monday, September 25, 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 D. L. Harrison, City Clerk Absent: None The Minutes of the Regular Meeting of September 11, 1978 were approved as printed. THE MAYOR presented City Service Awards to City employees with 10 and 25 years of service. STAFF AGENDA A PUBLIC HEARING was held on the proposed assessments for the improvemen in Engineering Project 77-619 for water and sewer improvements in Hocking Addition Water main and services Main Sanitary Sewer "AW" and Pump Station Lateral Sanitary Sewer 581 as authorized by Resolution Number 3335, passed by the Board of Commissioners on the 15th day of August, 1977. No protests, written or oral, were filed, and no changes were made in the proposed assessment. A motion was made by Commissioner Graves, seconded by Commissioner Duckers to approve the assessments and introduce the assessment ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE changing the name of a certain street located within the City of Salina, Kansas." [Brandau Road to Airport Road, requested in Petition 3722, filed by Rickel Manufacturing Corporati^n] A. motion was made by Commissioner Geis, seconded by Commissioner Simpson to adopt the ordinance as read and the following vote was had: Ayes: Graves, Simpson, Duckers, Geis, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8661. The ordinance was introduced for first reading September 11, 1978. 1 1 L; A REQUEST was received from Cindy Entriken, Abused Women's Task Force, to be present at the meeting to request a letter of support from the Salina City Commissioners for the Abused Women's Task Force. Cindy Entriken was present and explained that they are in the process of filing a grant application for federal funds and a letter of support from the City Commission would be helpful for their application. She said their application must be postmarked no later than September 20, 1978• A motion was made by Commissioner Simpson, seconded by Commissioner Graves that the City Commission authorize the Mayor to sign a letter recognizing the Abused Women's Task Force. Ayes (5)• Nays: (0). Motion carried. COMMISSION AGENDA The Commissioners brought the following items to the floor for discussion: Commissioner Simpson said the South Salina Drainage Study has been completed and suggested the City Commission initiate an evening meeting with interested residents, and representatives of Wilson and Company to discuss the physical and fiscal problems involved. A motion was made by Commissioner Duckers, seconded by Commissioner Graves to place the item on the agenda for discussion. Ayes: (5)• Nays: (0). Motion carried. A motion was made by Commissioner Simpson, seconded by Commissioner Graves to instruct the staff to set up a mutually agreeable time for an evening meeting at Salina High School South, within the next 30 days, so the City Commission, Wilson and Company representatives, County Commissioners, and staff can meet with the residents of South Salina to discuss the physical and monitary considerations of the South Salina Drainage Study. Ayes: (5)• Nays: (0). Motion carried. A MOTION was made by Commissioner Graves, seconded by Commissioner Geis to recess into executive session to discuss the possible issuance of industrial Revenue Bonds, and to return at 4:55 P.M. The Commissioners recessed at 4:34 P.M. and reconvened at 5:10 P.M. A MOTION was made by Commissioner Duckers, seconded by Commissioner Simpson that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5)• Nays: (0). Motion carried. The meeting adjourned at 5:11 P.M. A�CCAIVXA--� D. L. Harrison, City Clerk 1 1 AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Ordinance Plumber 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." [Zoning Application 78--16, filed by G & K, Inc., for the rezoning of Lots 7 through 9, Block 10; Lots 1 through 28, Block 11; and Lots 1 through 10, Block 12; all in the Replat of Block 1, Lots 1 through 8, Dow Addition, and Lots 5 through 22, inclusive, Block 8, in the Replat of Lot 22, Block 3 and Lot 9, Block 6, Dow Addition, from R-3 to R-1, (Single Family Residential).] A motion was made by Commissioner Simpson, seconded by Commissionejr Geis to adopt the ordinance as read and the following vote was had: Ayes: Graves, Simpson, Duckers, Geis, Weisgerber (5). Nays: (n). Carried. The Mayor approved the Ordinance and it is numbered 8662. The ordinance was introduced for first reading September 11, 1978. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Sections 36-403, 36-907(2.), of Toning Ordinance Number 8526, the same being Chapter 36 of the Salina Code, and repealing the existing sections; and enacting Section 36-1301(67a)." [Zoning Application 78- 17, filed by the City Planning Commission to regulate garage sales.] A motion was made by Commissioner Duckers, seconded by Commissioner Graves to adopt the ordinance as read and the following vote was had: Ayes: Graves, Simpson, Duckers, Geis, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Ordinance and it is numbered 8663. The ordinance was introduced for first reading September 11, 1978. AN ORDINANCE was introduced for first reading entitled: "AN ORDINANCE providing for the amendment of Sections 36-600(1), 36-601(2), 36-602(2), 36- 603(2), 36404(2), 36-604A(2), 36-605(2), 36-608(1), 36-609(1), 36-610(l), 36-611(1) of Zoning Ordinance 8526, the same being Chapter 36 of the Salina Code, and repealing the existing sections." [Zoning Application 78-18, filed by the City Planning Commission to include anbulance services as public utility uses in certain zoning districts.] A motion was made by Commissioner Duckers, seconded by Commissioner Graves to adopt the ordinance as read and the following vote was had: Ayes: Graves, Simpson, Duckers, Geis, Weisgerber (5). Mays: (0). Carried. The Mayor approved the ordinance and it is numbered 8664. The ordinance; was introduced for first reading September 11, 1978. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing and ordering certain water main and service line improvements, ordering preparation of plans and specifications, and the estimate of costs." i (Engineering Project 78-643 - Eastridge Addition) 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 3389. THE CITY ENGINEER reported on Petition Number 3726, filed by Clint Baird for the vacation of White Street from Broadway to Smither, that "In the process of platting the Park West :Addition, the right-of-way and construction of South Street overlapped what was White Avenue. This request is to vacate that remaining portion of White Avenue which we do not need for street purposes. There is, however, a 12 -inch water main in the center of White Avenue. Therefore,! I would recommend the vacation of White Avenue right-of-way for street purposes but retain same area as utility easement." A motion was made by Commissioner Graves, seconded by Commissioner Duckers to accept the City Engineer's report and to approve the petition, and to introduce an ordinance for first reading to vacate the street. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending the approval of Zoning Application 78-20, filed by the City Planning Commission for the rezoning of Blocks 1 through 5, inclusive, and Block 7, Country Club Estates Addition #3 from A-1 to R (Single Family Residential). A motion was made by Commissioner Simpson, seconded by Commissioner Geis to accept the recommendation of the City Planning Commission and approve Zoning .Application 78-20, 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 the adoption of the Service Extension Plan as a prerequisite to annexation of Meyer Addition. A motion was made by Commissioner Duckers, seconded by Commission Graves to adopt the Service Extension Plan as presented by the City Planning Commission. Ayes: (5)• Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: ''A RESOLUTION setting the date for a public hearing for the consideration of annexing certain property to the City of Salina, Kansas.'' [Setting November 27, 1978 as the date for public hearing on the annexation of Meyer Addition.] A motion was made by Commissioner Duckers, seconded by Commissioner Graves to adopt the Resolution as read and the following vote was had: Ayes: Graves, Simpson, Duckers, Geis, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3390. A LETTER was received from the City Planning Commission recommending that the City not purchase additional right-of-way on the west side of Oakdale Avenue, between Johnstown and Ash Streets. A motion was made by Commissioner Geis, seconded by Commissioner Graves to accept the recommendation of the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Duckers, seconded by Commissioner Geis to set the date of October 16, 1978, as the date to receive bids for aerial photographos of the city and adjacent areas, and to instruct the City Clerk to advertise for bids. Ayes: (5). Nays: (0). Motion carried. PUBLIC AGENDA PETITION NUMBER 3727 was filed by D. L. Sampson for street paving and l rolled curbing of Gold Road, from the frontage road of US ul East 650 feet. A motion was made by Commissioner Simpson, seconded by Commissioner Geis to refer the petition to the City Engineer for checking. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3728 was filed by Gary G. McClellan, for the curbing, guttering, and paving of Front Street between Pacific Avenue and Forest Avenue. A motion was made by Commissioner Duckers, seconded by Commissioner Graves to refer the petition to the City Engineer for checking. Ayes: (5). Nays: (0). Motion carried. A REQUEST was received from Larry Britegam, President of the Salina Babe Ruth Baseball, Inc. to be present at the commission meeting to discuss improvements on the adult diamond located at Schilling.' The Salina Babe Ruth Baseball League requests improvements be made on the adult diamond located at Schilling. We would like also to request control of the southwest softball diamond located at Schilling. We would like to request installation of lights on the southwest diamond and the building of a facility to accomodate restrooms, storage space and a concession stand.'' Larry Britegam was present and said the Babe Ruth League appreciates the improvements made on the diamonds at Schilling this year, and it was not his intent to take over the softball diamond, but to ask that l or 2 additional diamonds be constructed because there is additional interest in Babe Ruth Baseball program and they need additional facilities. They are willing to sit down and talk to see how much money the city could allot them and if they could make up the difference, they would work along with the city. Don Jolley, Recreation Commission Director, said the Recreation Commission scheduled 256 ball games on the field in question last summer, and wondered where these games would be played if that diamond became a Babe Ruth facility? He said there are philosophical differences in the Babe Ruth and Recreation Commission ball programs. He said the diamond at Schilling was ;pretty exclusively a Babe Ruth facility for 6 teams. In addition to the 7 teams we have at Sunset playing in our Junior league, we have the entire police league playing there, 9 teams, for a total of 16 teams playing on the one ball diamond facility at Sunset Park. Babe Ruth has 14 teams, including senior and regular Babe Ruth program, playing on St. John's and the ball diamond at Schilling and they are suggesting they reed additional facilities. He said there needs to be serious and considerable examination and discussion before any additional ball !diamond facilities should be constructed, either at Schilling or anywhere else. L 1 1 2of5 Commissioner Simpson said 2 city commissioners are members of the Salina Recreation Commission, and feels the Babe Rutin League should get together with George :food, the City Manager and the Recreation Commission to discuss their proposals. Commissioner Graves said she believes there should be a 1 year ''shake down'' period with the Indian Rock Park facilities before any additional facilities. are constructed. Commissioner Duckers asked Mr. Britegam if the new program he envisions for the younger boys in Babe Rath would be in direct competition to.what is already existing with the Sa,lina Recreation Commission? Mr. Britegam said some parents are dissatisfie-d with the Recreation Commission program and asked the Babe Ruth League to start a league for younger players, and they need to know if a ball diamond or diamonds would be available to them to expand their program. The Commissionesr discussed the programs and the scheduling practices. Commissioner Duckers moved that Mr. Britegam's request be tabled for 3 weeks and referred to staff for a recommendation. The motion died for the lack of a second. Commissioner Geis said he thought the Commission should make a decision today so the Babe Ruth League would know whether or not to expand their program. Mayor Weisgerber asked if any funds would be available to make the improvements? Mr. Olson replied there would only be $50,000 to $55,000 remaining from the park bond issue for improvements in Ivey Park, and that it is not likely funds would be available for any additional improvements without the issuance of another park bond issue. Commissioner Duckers asked Mr. Jolley if Lower Indian Rock Park, with its 8 diamonds, is going to be more than adequate for the projected program for next summer, so they could be designated a diamond? Mr. Jolley replied, ''Yes, I think there will be a couple, possibly 3 or 4, that will not be scheduled regularly for competition of the Salina Recreation Commission program. The problem comes up here, what do we do in terms of a private baseball program organizing a program in direct competition with one that is already being served through the Salina Recreation Commission. I am not here to answer that question today, I am here to pose that question, and indicate to you that we have been this route with Babe Ruth before in terms of the other program and that.undoubtedly the Recreation Commission is going to want to consider it, whether or not we want to be a party to providing facilities for a private baseball p program in competition with programs we are already providing. This is something they are going to want to consider.'' Commissioner Duckers asked if it has to be considered in competition, rather than just an alternative for the citizens of the community? !I Mr. Jolley replied that until the entire board considers it, he doesn't ! know. Mayor Weisgerber commented that we are going to have to overcome some of the philosophical differences to be able to utilize, as completely as we can, the facilities we already have to the good of both programs without calling on the city for any additional facilities. ''And I think surely between your board and his board, and the two of you can work with ample facilities available in total, some kind of arrangements on the maintenance or who is going to do what, j can surely be agreed upon to do this.'' A motion was made by Commissioner Geis, seconded by Commissioner Simpson to refer the request to the Recreation Commission for their consideration and also see if there is some possibility on the part of the city's responsibility', for improving the restroom accomodations for those diamonds. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE License application was filed by Charles S. Gust, d/b/a Delaney's Planet Uranus, 150 South Broadway. The City Clerk reported the applicant has paid the required fee and the application has been approved by the Health Department, Zoning Officer and Police Department. 4 motion was made by Commissioner Simpson, seconded by Commissioner Geis to approve the license application and authorize the City Clerk to issue the license. Ayes: (5)• Nays: (0). Motion carried. A CEREAL MALT BEVERAGE License application was filed by Matthew K. Wagoner, d/b/a Village Gate, 1329 East Iron. The City Clerk stated the applicant was supposed to come in and make some changes on his application, but he failed to so, and asked that the City Commission take no action on the application. COMMISSION AGENDA The Commissioners brought the following items to the floor for discussi Mayor Weisgerber announced that Commissioner Karen Graves was elected to the League of Kansas Municipalities governing body. A motion was made by Commissioner Simpson, seconded by Commissioner Geis, to add appointments to boards and commissions to the agenda for consideratio Ayes: (5). Nays: (0). Motion carried. THE MAYOR, with the approval of the Board of Commissioners made the following appointment: Tri -government Energy Commission Norman Jackson, appointed to fill the unexpired term of Bob Riordan. Commissioner Geis asked that an item be added to the agenda for I consideration concerning the annexation of platted land north of Pacific and east of Ohio. A motion was made by Commissioner Simpson, seconded by Commissioner Graves to place the item on the commission agenda for consideration. Ayes: (5)• Nays: (0). Motion carried. 0 A motion was made by Commissioner Geis, seconded by Commissioner Graves to instruct the City Planning Commission to start annexation proceedings for the platted land North of Pacific and East of Ohio. Ayes: Geis, Graves, Simpson, Weisgerber (4). Nays: Duckers (1). Motion carried. A Motion was made by Commissioner Graves, seconded by Commissioner Duckers to place an item on the commission agenda for consideration concerning the procedures required for the purchaser of Schilling Manor to follow prior to annexation. Ayes: (5)• Nays: (0). Motion carried. The City Manager recommended the following be required of a purchaser of Schilling Manor prior to the city providing any municipal services. 1. Petitioi for annexation. 2. Plat to include the necessary rights-of-way and easements related to streets and utilities. A minimum of an 8' right-of-way back of the curb should be required. Platting may determine that additional right-of-way will be necessary. 3• Dedicate physical facilities to include streets, water (distribution, and storm and sanitary sewer systems. 4. All sub -standard streets to be brought up to city specifications. Owner shall file a petition for these improvements as a condition precedent to annexation. We will take the necessary steps at that time to deterime that it is a valid petition and could not be withdrawn prior to the improvements actually being made. 5• Each dwelling unit to be provided an independent copper water service line of not less than 1/4'' inside diameter, from the street right-of-way to the structure. Each service line will be equipped with a curb cock and valve box. Each dwelling unit will be independently metered. The City will provide the meter. The owner will provide the meter tile and lid and shall be responsible for installing the required lines, valves, valve boxes and meter housing. All curb cocks and meters shall be situated within the dedicated street right-of-way. One meter t le will be permitted to house the two meters for a duplex. 1 1 1 A motion was made by Commissioner Duckers, seconded by Commissioner Simpson to adopt the recommendations presented by the City Manager as the guidelines for the annexation of Schilling Manor, and to notify General Services Administration. Ayes: (5). Nays: (0). Motion carried. Mayor Weisgerber mentioned that a special meeting will be held on Thursday evening, at 7:30 P.M. at the Salina !-sigh School South auditorium for a presentation of the South Salina Drainage Study, by Wilson. and Company, .Architects' and Engineers, for the benefit of interested area residents, and to discuss the physical and monetary consideration of the study. Amotion was made by Commissioner Graves, seconded by Commissioner Simpson to recess into executive session to discuss the possible issuance of Industrial Revenue Bonds, and to reconvene between 5:45 and 6:00 P.M. The Commissioners recessed at 5:17 P.M. and reconvened at 6:00 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 6:01 P.M. D. L'tlarrison, City Clerk