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11-20-1978 Minutes1 1 City of Salina, Kansas Regular Meeting of the Board of Commissioners November 20, 1978 The Regular Meeting of the Board of Commissioners met in the City Commission Meeting Room, City -County Building, on Monday, November 20, 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 November 13, 1978 were approved as printed. STAFF AGENDA AN ORDINANCE was introduced for second reading entitled: ''AN ORDINANCE authorizing the City of Salina, Kansas (''City'') to acquire the real property hereinafter described and to construct and purchase buildings, improvements, machinery and equipment to be leased to Morgan Supply, Inc., (''Company''), authorizing and directing the issuance of $325,000 principal amount of Morgan Supply, Inc., Industrial Revenue Bonds, Series of 1978, of the City for the purpose of providing funds to pay the cost of acquiring the real property hereinafter described and to construct and purchase buildings, improvements, machinery and equipment to be leased to the Company, and prescribing the form and authorizing the execution of a lease by and between the City and the Company." A motion was made by Commissioner Geis, seconded by Commissioner Simpson to adopt the ordinance as read and the following vote was had: Ayes: Duckers, Geis, Graves, Simpson, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Ordinance and it is numbered 8674. The ordinance was introduced for first reading November 13, 1978. A MOTION was made by Commissioner Duckers, seconded by Commissioner Graves to set the date of December 4, 1978 as the date to receive bids for the following vehicles: I. Eleven - vehicles for the Police Department 2. One - 4 -door sedan for Engineering 3. One - 4 -door sedan for Water and Sewerage 4. One - pickup truck for Water and Sewerage 5. One - pickup truck for Animal Control 6. One - pickup truck for Fire Department 7. One - 4 -door station wagon for Fire Department and to instruct the City Clerk to advertise for bids. Ayes: (5). Nays: (0). Motion carried. Commissioner Geis asked if the specifications are written for energy efficient vehicles? The City Clerk reported all vehicles are on a minimum 114'' wheelbase and the cubic inches of the motors for the police vehicles were cut down to not less than 350, and the pickups for the slater and Fire departments are regular size pickups with engines cut to 300 cubic inches. THE CITY ENGINEER filed plans and specifications for an addition to a storage building at Sewage Plant # 1. (Engineering Project 78-644). A motion was made by Commissioner Simpson, seconded by Commissioner Geis to accept the � plans and specifications as filed by the City Engineer. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Simpson, seconded by Commissioner Geis to set the date of December 11, 1978 as the date to receive bids for an addition to the storage building at Sewage Plant # 1, Engineering Project 78-644. Ayes: (5)• Nays: (0). Motion carried. WILSON AND COMPANY made a presentation of the scope of work and costs relating to the flood drainage project in South Salina. Mr. Ralph Ricklefs presented the statistical information for Phases 1 and 2 of the South Salina drainage improvement, and explained the benefit areas on a map and said the construction of phases 1 and 2 will alleviate the present flooding conditions in South Salina. Benefit District and Cost Analysis Phase 1 Phase 2 Total Cost to benefit district in city limits .16/s.f. .11/s.f. .27/s.f. Cost to benefit district in city limits and 3 year annexation lands .07/s.f. .05/s.f. .12/s.f. Major outlets to city -at -large. Remainder to benefit district in city limits .07/s.f. .09/s.f. 16/s.f. Major outlets to city -at -large. Remainder to benefit district in city limits and 3 year annexation lands .03/s.f. .04/s.f. .07/s.f. (Mill levy increase, city -at -large 3.7 1.3 5 Mr. Maurice Bowersox presented the statistical information for phase 4 of the South Salina drainage project. Increase in Phase 4 Mill Levy Alternative A 1. Cost to 854 acre benefit district .12/s.f. - Alternative B 1. Cost from Crawford to old river channel to city -at -large .007/s.f. 1 2. Remainder to 654 acre benefit district .07/s.f. - Alternative C 1. Cost from Crawford to Old River channel to city -at -large .004/s.f. 1 2. Cost from Cloud to Crawford to 854 acre benefit district .04/s.f. - 3. Fourth Street costs to 51 acre benefit district .52/s.f. - Alternative D 1. Cost from Cloud to old river channel to City -at -large .007/s.f. 2 12. Fourth Street costs to 51 acre benefit district .52/s.f. - 1 11 1 Wilson and Company recommended the last alternate for phases 1 and 2 and alternate B for phase 4. The Commissioners discussed the information and alternatives presented by Wilson and Company. Mr. Norman St. John, was present and asked, "Upon what basis are these figures made? Is it on the basis of the highest amount of rain expected in a 30, 50, or 20 or what year period?" Mr. Maurice Bowersox explained the major interceptors and ponding areas are based on the 25 year frequency, and the smaller laterals on a 5 year or 10 year frequency, and that this is the general practice. Commissioner Duckers asked Mr. St. John, "What is this going to do to you personally, and what is your personal feeling of how the people out there are going to react to this? Are they going to want to carry the petitions? Do they think it would have a chance?" Mr. St. John replied, "I am not saying I understand all that the gentlemen from Milson and Company have been saying, it is a large technical matter and it is just hard to understand all at one bite. I mean that is pretty obvious. I am not certain, personally, that I doubt that people in south Salina are necessarily going to be sure for a little while, until they know what the cost of the various alternatives are, but unless there is some compelling reason why the people who are for something should carry the petition I think people generally out there can't see that factor, carrying the petition unless there is some really good reason for doing so and frankly I haven't seen it yet, the reason for carrying the petition." Commissioner Graves asked, "You think then that we should order it in and then the people who are against it carry the petition?" Mr. St. John replied, "Yes, I think that would be the general feeling of the people out there. I do.'' Commissioner Graves said, "It seems like it is saying the glass is half empty or the glass is half full. I don't quite see why the people would be, it depends whether you are for it or against it. I don't see the great difference. I mean I can see it from Wilson's viewpoint and our viewpoint but I don't quite understand the people out there, what difference it makes.." Mr. St. John replied, "Well, I have said this before. Many people in South Salina have already suffered damage, not just once in the past but several times in the past. The way they look at it, from what I hear from people out there is why should we be put to the additional trouble carrying the petitions too? Let those that want out, petition it out. Now another point that I would like to make which I believe has some relationship to this, it seems to me in a number of respects flood protection and fire protection are somewhat on a par j not only in terms of need but also in terms of the way the costs might be assessed. Now it is obvious that in terms of fire protection everybody pays regardless of where you live because everybody stands a more or less equal chance of having a fire at some time or other. Now the situation isn't quite the same in terms of flood protection, but I can think of situations under which it would be entirely possible, given the right set of circumstances, maybe something like this. Maybe a rain no larger than the one we had in 1977 but spread differently. Maybe 2" the first day, maybe 2" the second day and 3 or 4 the third day, which is entirely possible. If that happens the ground would really get soaked up during those first two days and everything that came the third day probably would; run off, so it is possible in terms of flood protection for a large area of the city to be subject to flood hazard. It is possible to think of certain circumstances under which much of the city west of the flood protection dikes could suffer damage and that is certainly one argument for at least assessing the cost of the major outlets to the city -at -large, perhaps more." The Commissioners instructed the staff to display the information in I prominent places so the people will have access to it. Mr. St. John suggested the information be published in the newspaper. The Commissioners discussed the best method of publicising the information. A motion was made by Commissioner Duckers, seconded by Commissioner Graves that the City Commission make a definitive decision on the South Salina Drainage Study project at its meeting on December 18, 1978, and in the meantime adequate publicity be given and made available to those who are interested in further details. Ayes: (5)• Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3709, filed by Ronald Williams, Director_ of Safety at Graves Truck Line, Inc., for the restriction of street parking near their terminal yard, "We have observed this area over a period of time and would recommend, due to the heavy car and truck traffic in this area, that street parking be eliminated on both sides of Westport Boulevard from Crawford Street to St. Louis Street; on both sides of Graves Boulevard from Crawford Street to St. Louis Street and on the east side of Graves Boulevard from St. Louis Street north four hundred fifty feet (450'). "All existing business in this area has adequate off-street parking facilities and the elimination of street parking in this area would enhance the traffic safety for the area." A motion was made by Commissioner Simpson, seconded by Commissioner Duckers to accept the City Engineer's recommendation and approve the petition. Ayes: Duckers, Geis, Simpson, Weisgerber (4). Nays: (0). Commissioner Graves abstained. Motion carried. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing the installation and marking of portions of Westport Boulevard and Graves Boulevard in Westport Exchange Addition as no parking zones." A motion was made by Commissioner Simpson, seconded by Commissioner Duckers to adopt the Resolution as read. Ayes: Duckers, Geis, Simpson, Weisgerber (4). Nays: (0). Commissioner Graves abstained. Carried. The Mayor approved the Resolution and it is numbered 3396• A LETTER was received from the City Planning Commission recommending the approval of the final plat of Interstate District North of 1-70, Number 2, at the northwest corner of North 9th Street and Diamond Drive, requested in Petition Number 3656, filed by John Mize. A motion was made by Commissioner Geis, seconded by Commissioner Graves to accept the recommendation of the City Planning Commission and approve the final plat, and authorize the Mayor to sign. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of the final plat of Lot 1, Block 1, Country Hills Addition Number 2, a replat of Lots 1 and 5 - 14, Block 1, Country Hills Addition Number 2, as requested in Petition Number 3704, filed by David Werth. A motion was made by Commissioner Duckers, seconded by Commissioner Graves, to accept the recommendati of the City Planning Commission and approve the final plat, and authorize the Mayor to sign. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of Zoning Application 78-23, filed by David Antrim for the rezoning of the East 20.19 feet of Lot 3 and all of Lots 4, 5, 6, 7, 8, and the West 9.19 feet of Lot 9, Block 3, Dow Addition from District "R" to District "R-1" (Single Family Residential). Commissioner Graves asked if the taxes are current? Mr. Rawlings replied that they are. The Commissioners instructed the City Planner to include that informati in the letters of recommendation from this time on. 1 LJ 11 A motion was made by Commissioner Simpson, seconded by Commissioner Duckers to accept the recommendation of the City Planning Commission and approve Zoning ,Application 78-23, 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 approval of Zoning Application 78-24, filed by George Etherington for the rezoning of Lots 2 through 11 and Lots 20 through 36, inclusive, Block 7, Replat of Lot 22, Block 3, and Lot 9, Block 6, Dow Addition from District 11R-3" to District "R-1" (Single Family Residential). Commissioner Graves asked if the taxes are current? Mr. Rawlings replied that they are. A MOTION was made by Commissioner Graves, seconded by Commissioner Geis to accept the recommendation of the City Planning Commission and approve Zoning Application 78-24, 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 denial of Zoning Application 78-25, filed by Robert Moody for the rezoning of the West 80 feet of the South 20 feet of Lot 56 and the West 80 feet of Lots 58 and 60 on 9th Street, Grounds of Kansas Wesleyan University, from District "C-3" to District "C-5" (Service Commercial District). A motion was made by Commissioner Duckers, seconded by Commissioner Graves to accept the recommendation of the City Planning Commission and deny Zoning Application 78-25. Ayes: (5). Nays: (0). Motion carried. I A LETTER was received from the City Planning Commission recommending the approval of Zoning Application 78-26, filed by Thomas Royster for the rezonin� of the North 1/2 of the West 1/2 of Lot 3 and the South 10 feet of the West1/2 of Lot 1, Block 7, South Park Addition from District "R-1" to District "R-2.5" (Multiple Family Residential). Commissioner Graves asked if the taxes are current? Mr. Rawlings replied that they are. A MOTION was made by Commissioner Geis, seconded by Commissioner Simpson to accept the recommendation of the City Planning Commission and approve Zoning Application 78-26, 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 Tract #1 on South Ohio Street (Neises, Sprecker, Lundberg and Knowles property). Annexation Application 78-4. A motion was made by Commissioner Graves, seconded by Commissioner Duckers 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 public hearing for the consideration of annexing certain property to the City of Salina, Kansas.'' [Setting January 22, 1979 as the date for public hearing on the annexation of Tract #1 on South Ohio Street.] 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 3397. A LETTER was received from the City Planning Commission recommending the adoption of the Service Extension Plan as a prerequisite to annexation of Golden Acres Subdivision. Annexation Application 78-5. A motion was made by Commissioner Geis, seconded by Commissioner 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 public hearing for the consideration of annexing certain property to the City of Salina, Kansas.'' [Setting January 22, 1979 as the date for public hearing on the annexation of Golden Acres Subdivision.] A motion was made by Commissioner Geis, seconded by Commission 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 3398• A LETTER was received from the City Planning Commission recommending the adoption of the Service Extension Plan as a prerequisite to annexation of Tract #2 on South Ohio Street (Part of Graham property). Annexation Application 78-6. A motion was made by Commissioner Simpson, seconded by Commissioner Duckers 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 public hearing for the consideration of annexing certain property to the City of Salina, Kansas."' [Setting January 22, 1979 as the date for public hearing on the annexation of Tract #2 on South Ohio Street.] A motion was made by Commissioner Simpson, seconded by 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 3399• A LETTER was received from the City Planning Commission recommending the adoption of the Service Extension Plan as a prerequisite to annexation of Tract #3 on South Ohio Street (Part of the Sinsabaugh property). Annexation Application 78-7. A motion was made by Commissioner Duckers, seconded by Commissioner 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 public hearing for the consideration of annexing certain property to the City of Salina, Kansas.'' [Setting January 22, 1979 as the date for public hearing on the annexation of Tract #3 on South Ohio Street.] 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 3400. A LETTER was received from the City Planning Commission recommending the adoption of the Service Extension Plan as a prerequisite to annexation of Tract #4 on South Ohio Street (Village of Loretto). Annexation Application 78-8. A motion was made by Commissioner Graves, seconded by Commissioner Duckers 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 public hearing for the consideration of annexing certain property 1 to the City of Salina, Kansas.'' [Setting January 22, 1979 as the date for public hearing on the annexation of Tract #4 on South Ohio Street.] A motion was made by Commissioner Graves, seconded by 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 3401. 1 1 A LETTER was received from the City Planning Commission recommending the approval of Urban Renewal Application 78-1, the Development Plan of Webb Johnson Electric, Inc. on Lot 1, Block 13, Northeast Industrial Park. A motion was made by Commissioner Simpson, seconded by Commissioner Graves to accept the recommendation of the City Planning Commission and approve Urban Renewal Application 78-1. Ayes: (5). Nays: (0). Motion carried. PUBLIC AGENDA PETITION NUMBER 3733 was filed by Salina Presbyterian Manor for 56 psi, 400 gpm, fire flow water as specified by Wilson and Company, Engineers for Lot 1, Block 1, Presbyterian Subdivision. A motion was made by Commissioner Geis, seconded by Commissioner Simpson to refer the petition to the City Engineer for a recommendation. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3734 was filed by Joan Simmons, #E9 Crestview Drive, for the removal of the restricted access from Marymount Road to Lot 1, Block 2, Eastridge Addition to the City of Salina, Kansas, so that a semicircular driveway may extend from the north side of such lot (on Barlow Drive) to the west side of such lot (on Marymount Road). A motion was made by Commissioner Duckers, seconded by Commissioner Graves to refer the petition to the City Engineer and Planning Commission for a recommendation. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA A MOTION was made by Commissioner Simpson, seconded by Commissioner Geis to place 2 items concerning change orders and additions to the Bicentennial Center on the agenda for consideration. Ayes: (S). "Jays: (0). Motion carried. A MOTION was made by Commissioner Simpson, seconded by Commissioner Duckers to approve a change order for the stage to be increased to the capability of a 6' height, at an additional cost of $2,878.90; and to approve a grade change on Trail Ridge Drive. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Geis, seconded by Commissioner Graves to place the animal shelter project on the agenda for consideration. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Duckers, seconded by Commissioner Graves to instruct the staff to appoint an architect for the animal shelter project and authorize the Mayor to sign the agreement. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Duckers, seconded by Commissioner Graves to instruct Mr. Olson to give a recommendation on the animal shelter site at the December 4, 1978 meeting. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Duckers, seconded by Commissioner Geis to recess into executive session for 25 minutes to discuss litigation, personnel, and appointments. Ayes: (5). Nays: (0). Motion carried. The Commissioners recessed at 5:35 P.M. and reconvened at 6:05 P.M A MOTION was made by Commissioner Simpson, seconded by Commissioner Duckers to accept Norris D. Olson's resignation as City Manager, with regrets, to be effective December 16, 1978, and to appoint William E. Harris, Acting City Manager. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Duckers, 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 6:06 P.M. D. L. flarrison, City Clerk