01-22-1979 Minutes1
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City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
January 22, 1979
The Regular Meeting of the Board of Commissioners met in the City
Commission Meeting Room, City -County Building, on Monday, January 22, 1979, 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 U. M. Usher
comprising a quorum of the Board, also:
L. 0. Bengtson, City Attorney
11. E. Harris, Acting City Manager
D. L. Harrison, City Clerk
Absent:
"lone
The Minutes of the Regular Meeting January 15, 1979 were approved as
printed.
THE MAYOR PROCLAIMED the !leek of January 21 through 27, 1979 - ""IATIONAL
Y. M. C. A. MEEK". The proclamation was read by Rudolph Barta.
THE MAYOR PROCLAIMED the !leek of January 21 through 27, 1979 - "JAYCEE
1•1EEK". No one was present to read the proclamation.
STAFF AGENDA
BIDS HERE RECEIVED for Engineering Project 78-641 for water main
improvements from Woodland north to Gold Road:
Smoky Hill, Inc. $350,997.50
Commence April 15, 1979 and require 195 calendar days
Stevens Contractors, Inc. 400,346.00
Commence February 12, 1979 and require 300 calendar days
Earth Excavation, Inc. 400,450.00
Commence March 5, 1979 and require 200 calendar days
J. S. Frank Construction Company, Inc. 404,056.50
Commence February 15, 1979 and require 360 calendar days
Clearwater Excavating, Inc. 489,150.00
Commence April 2, 1979 and require 150 calendar days
Engineer's Estimate
400,600.00
A motion was made by Commissioner Geis, seconded by Commissioner
Duckers to award the contract to Smoky Hill, Inc. as the low bidder in the
amount of $350,997.50, subject to the bid meeting engineering specifications.
Ayes: (5). "Jays: (0). Motion carried.
A PUBLIC HEARING was held on the annexation of Golden Acres Subdivision
(Annexation Application 78-5) required by Resolution Number 3398 and in accordanc(
with the Service Extension Plan approved November 20, 1978, and on file with the
City Clerk since that date.
Mr. Jack Beverly was present and asked the City Commissioners not to
annex this property as it is used only for agricultural purposes.
The commissioners explained their interest in the property is that it
has been platted for a long time and is zoned heavy industrial in the County,
and in order for the city to have control over such things as the building
setback lines, frontage roads, rights-of-way, etc. it must be in the city limits.
Mr. Beverly asked if the property can be "unplatted" and reverted back
to an agricultural zoning?
A motion was made by Commissioner Geis, seconded by Commissioner Usher
to table consideration of the annexation for 90 days so Mr. Beverly can petition
the county to "unplat" the property and to rezone the property to agricultural
zone. Ayes: (5). Nays: (0). Motion carried.
A PUBLIC HEARING was held on the annexation of South Ohio Street Tract
#1, (Neises, Sprecker, Lundberg and Knowles property), (Annexation Application
78-4) required by Resolution Number 3397 and in accordance with the Service
Extension Plan approved November 20, 1978, and on file with the City Clerk since
that date.
Mr. Virg Lundberg was present and said he owns 20 acres of this tract
and explained that the property has been a part of Saline County Drainage
District #5 for a number of years for flood control purposes. He said he does
not object to annexation but does object to annexation before he is assured
there will be good drainage over to the flood gate in the flood control levee.
He said there is no drainage problem on his 20 acres and he is concerned about
what will happen between his 20 acres and the rest of the area. He was also
concerned about the capacity of the levee for the 25 or 50 year flood, and said
one study shows an impounding area of 30 acres for the 25 or 50 year flood west
of the dike. He asked for a 6 week delay on any action to annex the property
until some of the questions have been answered, and asked the City Commission
for some guidance for a through north-south street east of Ohio.
A motion was made by Commissioner Duckers, seconded by Commissioner
Usher to honor Mr. Lundberg's request to delay any action to annex the property
for 6 weeks. Ayes: (5). Nays: (0). Motion carried.
A PUBLIC HEARING was held on the annexation of South Ohio Street Tract
#2, (Graham property), (Annexation Application 78-6) required by Resolution
"lumber 3399 and in accordance with the Service Extension Plan approved November 2!
1978, and on file with the City Clerk since that date.
Mr. John Graham was present and asked why the Commission wants to
annex the property?
Mr. Rawlings explained that the annexation plan adopted in 1977
indicated the desirability of annexing most of the land within the flood dikes
and that this property is in the vicinity of a developing area and could be
better protected by city building codes and the new drainage study which has
been adopted and will be followed.
Mr. Graham asked that the property not be annexed, that there would be
no need to annex it if the big area to the west is not annexed.
A motion was made by Commissioner Duckers, seconded by Commissioner
Usher to table consideration of the annexation for 6 weeks. Ayes: (5). ^lays:
(0). Motion carried.
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A PUBLIC HEARING was held on the annexation of South Ohio Street Tract
#3, (Part of the Sinsabaugh property), (Annexation Application 78-7) required by
Resolution Number 3400 and in accordance with the Service Extension Plan approved
Nov -tuber 20, 1978, and on file with the City Clerk since that date.
Mr. Harry Sinsabaugh was present protesting the annexation. He said
he can see no reason for the annexation of tract 3 because the map shows a big
portion on the north side of the property is proposed to be used as a ponding
area; however the southern part is the low part of the property.
A motion was made by Commissioner Graves, seconded by Commissioner
Duckers to table consideration of the annexation for 6 weeks. Ayes: (5). Nays:
(0). Notion carried.
A PUBLIC HEARING was held on the annexation of South Ohio Street Tract
#4, (Village of Loretto), (Annexation Application 78-8) required by Resolution
Number 3401 and in accordance with the Service Extension Plan approved November 201,
1978, and on file with the City Clerk since that date.
Mr. Glen Lorenson, 1508 East Cloud, was present to protest the
annexation of the property. He said his neighbor let him know about the hearing,
that he was never notified. He asked for additional time to consult an attorney
and to find out what benefits he will receive by the annexation. He asked about
the additional taxes that will be assessed due to the annexation, and how he
would benefit.
A motion was made by Commissioner Usher, seconded by Commissioner Geis
to table consideration of the annexation for 6 weeks. Ayes: (5). Nays: (0).
Motion carried.
A PUBLIC HEARING was held on the proposed assessments for street and
utility improvements in Engineering Project 77-620:
Key Acres Second Addition Improvements
Curbing, guttering, paving and grading of GAIL DRIVE from Scott Avenue
to the west right-of-way line of the Union Pacific Railroad
Curbing, guttering, paving and grading of SCOTT AVENUE from the north
line of Lot Twenty-seven (27), Block Thirty-seven (37) to the south
line of Lot One (1), Block Thirty-nine (39), all in Key Acres 2nd
Addition to the City of Salina, Saline County, Kansas
Curbing, guttering, paving and grading of RAY AVENUE from the north
line of Lot Fifteen (15), Block Thirty-seven (37), to the south line
of Lot Fourteen (14), Block Thirty-nine (39), all in Key Acres 2nd
Addition to the City of Salina, Saline County, Kansas
Water main and services to serve certain lots in Key Acres Second
Addition to the City of Salina, Saline County, Kansas
Lateral Sanitary Sewer 569
Lateral Sanitary Sewer 570
Dow Addition Improvements
Curbing, guttering, paving and grading of ELLSWORTH AVENUE from thio
Street to Courtney Drive
Curbing, guttering, paving and grading of LOUSIE LANE from Ellsworth
Avenue to the south line of Lot One (1), Block Eight (8), Replat of
Lot Twenty-two (22), Block Three (3), and Lot ^line (9), Block Six (6),
Dow Addition
Water main and service to serve certain lots in Dow Addition and the
Replat of Lot Twenty-two (22), Block Three (3), and Lot Nine (9),
Block Six (6), Dow Addition
Lateral Sanitary Sewer 585
Lateral Sanitary Sewer 586
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Georgetown Addition Improvements
Curbing, guttering, paving and grading GEORGETOWN ROAD from Brookwood
Lane to Seitz Drive
Curbing, guttering, paving and grading of STEWART LAME from Brookwood
Lane to Seitz Drive
Curbing, guttering, paving and grading of BROOKHOOD LANE from Georget
Road to Seitz Drive
Curbing, guttering, paving and grading of APPLE1400D LANE from Georget
Road to Seitz Drive
Water main and services to serve certain lots in Georgetown Addition
Lateral Sanitary Sewer 571
Lateral Sanitary Sewer 572
Lateral Sanitary Sewer 573
Lateral Sanitary Sewer 574
Lateral Sanitary Sewer 575
Lateral Sanitary Sewer 576
as authorized by Resolution dumber 3330, passed by the Board of Commissione
on July 11, 1977.
Elly Drown, Realty Associates, was present and asked for an explanation'I
of the assessments in Georgetown Addition.
Mr. Boyer asked her to stop in his office and he would give her a
breakdown.
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
Usher to approve the assessments and to introduce the assessment ordinance for
first reading. Ayes: (5). "Jays: (0). Motion carried.
Ordinance Passed:
'!umber:
A PUBLIC HEARING was held on the proposed assessments for street and
utility improvements in Engineering Project 77-625:
Oakdale Addition Improvements
Lateral Sanitary Sewer 582
Wallerius Addition Improvements
Curbing, guttering, paving and grading of TULANE AVENUE from the south
line of Venus Avenue to the south line of Mercury Avenue
Curbing, guttering, paving and grading of MERCURY AVENUE from the west
line of Tulane Avenue west to the existing pavement
Water main and services for certain lots in Halterius Addition
Lateral Sanitary Sewer 584
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Nord Subdivision Improvements
Curbing, guttering, paving and grading of HAGEMAN AVENUE from the
north line of Saturn Avenue to the south line of Hoon Drive
Water main and services for certain lots in Nord Subdivision
Lateral Sanitary Sewer 533
as authorized by Resolution "lumber 3336, passed by the Board of Commissione
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 Usher, seconded by Commissioner
Duckers to approve the assessments and to introduce the assessment ordinance for
first reading. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed:
'lumber:
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
annexing certain land to the City of Salina, Kansas, in conformity with the
provisions of K.S.A. 12-519 to 12-526, inclusive." (Frisbie Acres, requested in
Petition Number 3732, filed by Robert Frisbie) A motion was made by Commissioner
Geis, seconded by Commissioner Graves to adopt the ordinance as read and the
following vote was had: Ayes: Duckers, Geis, Graves, Usher, l,leisgerber (5).
"days: (0). Carried. The Mayor approved the ordinance and it is numbered 8683.
The ordinance was introduced for first reading January 15, 1979.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
annexing certain land to the City of Salina, Kansas, in conformity with the
provisions of K.S.A. 12-519 to 12-526, inclusive." (Schilling Manor) A motion
was made by Commissioner Graves, seconded by Commissioner Duckers to adopt the
ordinance as read and the following vote was had: Ayes: Duckers, Geis, Grave's,
Usher, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance
and it is numbered 8684. The ordinance was introduced for first reading
January 15, 1979.
AN ORDINANCE was introduced for second readino entitled: "AN ORDINANCE
providing for the rates, fees or charges for the use ofandservices rendered by
the combined water and sewerage system of the City of Salina; providing the
procedure for billing and collection thereof; amending Article III of Chapter 35
of the Salina Code and repealing the existing article." A motion was made by
Commissioner Usher, seconded by Commissioner Graves to adopt the ordinance as
read and the following vote was had: Ayes: Duckers, Geis, Graves, Usher,
Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it
is numbered 8685. The ordinance was introduced for first reading January 15,
1979. (4% increase effective February 1, 1979)
THE CITY ENGINEER filed a feasibility report for street and utility
improvements in Blocks 1, 2, 3, 4, Twin Oaks Subdivision, requested in Petition
Number 3737, filed by Lee Haworth.
Commissioner Graves asked about the drainage for the area, and if it
will conform to some master drainage plan and not cause additional storm drainage
problems in South Salina.
Mr. Boyer and Mr. Harris approached the bench and showed the Commissioners
a plan for a drainage ditch along the west boundary of Twin Oaks and railroad
tracks north to the Magnolia drainage ditch. They said the city has already
obtained an easement from USD 305 along the west boundary of Salina High School
South property.
A motion was made by Commissioner Geis, seconded by Commissioner
Duckers to accept the feasibility report as filed. Ayes: (5). Mays: (0).
Motion carried.
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THE CITY ENGINEER filed a feasibility report for street and utility
improvements in Grain Belt Subdivision, requested in Petition Plumber 3739, filed
by D. L. Sampson. A motion was made by Commissioner Duckers, seconded by
Commissioner Graves to accept the feasibility report as filed. Ayes: (5).
Nays: (0). Motion carried.
THE CITY ENGINEER filed an amended feasibility report for water main
improvements for Presbyterian Manor, requested in Petition "lumber 3733, filed by
Presbyterian Manor, Inc. A motion was made by Commissioner Graves, seconded by
Commissioner Duckers to accept the amended feasibility report as filed. Ayes:
(5). Nays: (0). Motion carried.
PUBLIC AGENDA
PETITION NUMBER 3740 was filed by Lee Haworth for the approval of the
plat of Twin Oaks II.
Mr. Boyer asked the City Commissioners to delay action on this petition
until the subdivision regulations are amended. The recommendation for amendment
will be submitted next week.
Mr. Craig Roberts, Wilson and Company, said the plat of Twin Oaks II
does conform to the regulations proposed to be added to the Subdivision Regulation
and that Mr. Haworth is willing to comply with the new requirements.
Mr. Bengtson said the petition can be referred to the City Planning
Commission if Mr. Roberts assures the City Commission that the plat will conform
to the proposed requirements.
Mr. Roberts said he cannot make those assurances, that Mr. Haworth will
have to speak for himself, and that he is out of town until next week.
A motion was made by Commissioner Duckers, seconded by Commissioner
Graves to table Petition 3740 for 30 days. Ayes: (5). Nays: (0). Motion
carried.
PETITION NUMBER 3741 was filed by John 14. Mize, attorney for C. E.
Vanover for a vacation and release of the easement or right-of-way, if any,
running between Lots 8 and 9, in the Mount Barbara Park Addition which appears
in the plat certificate recorded in Vol. 1 of Plat Certificates at p. 181 and
was filed May 1, 1916 at 8:30 a.m. A motion was made by Commissioner Usher,
seconded by Commissioner Graves 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 Kwik Shop,
Inc., d/b/a Kwik Shop #739, 1600 South 9th Street (New application). The City
Clerk reported the applicant has paid the required fee and the application has
been approved by the Health Department, Zoning Officer and the Police Department.
A motion was made by Commissioner Usher, seconded by Commissioner Graves to
approve the license application and authorize the City Clerk to issue the license.
Ayes: (5). Nays: (0). Motion carried.
A LETTER was received from Paine, Webber, Jackson and Curtis, Kansas
City, Missouri to be present at the meeting to discuss housing revenue bonds.
Mr. Kenny Thompson was present and gave a brief history of the company
and said his company would like to make a study of all phases of the housing
situation in Salina, including rehabilitation, population trends, single family
and multiple family dwellings, the number of people in the families and the
income of families. He asked for a motion to retain his firm to work for the
city to draw up a plan to be submitted to the City Commission for approval,
without obligation unless the City Commission proceeds to issue bonds, then they
would have an opportunity and option to handle the revenue bond financing.
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A LETTER was received from First Securities Company of Kansas, Inc.,
Wichita, Kansas and Stern Brothers and Company, Kansas City, Missouri to be
present at the meeting to discuss housing revenue bonds.
Mr. Larry McKown was present and gave a brief history of the company
and asked the City Commission to delay any action for at least one week so the
Commissioners have time to read and consider the proposal he submitted to conduct
a preliminary market survey study, and then bring it back to the City Commission
and have Mr. Kintzel, his expert, present to answer any questions.
COMMISSION AGENDA
MAYOR 14EISGERBER said the City Commission has received word that
Boettcher and Company of Denver, wants to be present next week to make a similar
proposal.
THE CITY COMMISSIONERS considered a proposal from United Securities,
Inc. and Kirchner Moore and Company for a 90 day contract for a study of the
need for mortgage backed housing revenue bonds.
Mr. Steve Shogren was present again this week and asked that the City
Commission enter into a contract with his company to do the feasibility study.
He said the Saline County Commissioners signed a contract with them to do a
similar study for Saline County.
A motion was made by Commissioner Usher, seconded by Commissioner Geis
to delay any decision to issue housing revenue bonds for two weeks so all interes
firms will have sufficient time to submit their proposals and outline what will
be included in their study and what services they will perform. .Ayes: (5).
Nays: (0). Motion carried.
"CONSIDERATION OF FUNDING THE TRI -GOVERNMENTAL ENERGY COMMISSION."
(Sponsored by Mayor Weisgerber)
Mayor Weisgerber said he has talked with the County Commission and
they are in the process of making contact with the NCRPC to see precisely what
the commission may do so far as funding for this commission is concerned. He sai(
hopefully they can come up with a good plan or good program where they furnish
the money without the county and the city having to make a financial contribution
He asked the Commissioners to discuss this and see how they feel about it so the
energy commission knovis where we stand.
Commissioner Geis suggested the City Commission endorse the project
and take part in funding the energy commission office; but that he is not tied
to the $60,000 figure but fund it as the commission sees fit.
Commissioner Duckers commented that the $60,000 figure is overwhelming.
Wes Jackson said a director could help shop for the appropriate type
of equipment to offset the spiraling energy cost and we could bring a manufacture)
into Salina so we could get the equipment cheeper. He said the director would
lead people to information to help them plug the leaks, help them retrofit their
houses using a source of energy that is free, and keep a file on companies and
make the information available to contractors and individuals.
Diane Simpson said the commission needs to know if you are going to
hire a director, and if so, do it. They have been working on it B or 4 years
and she has not seen anything of substance happen on the energy scene about what
kinds of industries we have. We do need a commitment as to an amount at some
point very quickly, so we know if we should be looking for a director.
Commissioner Graves said she feels people want more control over the
destiny of their own lives, and that people are tired of government making all
the determinations for them.
Commissioner Duckers said he is in favor of the energy commission,
that they have done a tremendous job in spite of the City Commission inaction,
but 100% of the phone calls he has had oppose the funding of the energy office.
Commissioner Geis moved that the City Commission put $10,000 up in
funds to be matched by the County and School Board and if it is not matched, it
would be withdrawn, so the Energy Commission would have a total of $30,000.
Commissioner Duckers asked Mr. Jackson if the County or School Board
has made a commitment to fund the commission?
Mr. Jackson said the School Board has voted to fund "their share" not
to exceed the proportion that anybody else funds.
Mr. Harris said the Contingencies Fund is the only place the funds
would be available, and it is terribly early in the year to be spending funds
of that amount. He said we are doing things in the energy area with the
submission of an application for Project Concerve to be administered by the
Community Development Department, and with the coming adoption of the latest
editions of the building codes which have new sections which reflect a new
awareness of energy conservation requirements. He discouraged the City
Commissioners from using the Contingencies Fund at this time.
Commissioner Geis asked if the Energy Commission could be included in
the 1980 budget.
Mr. Harris said it could be included in the budget.
The motion died for the lack of a second.
Commissioner -Usher said he feels we are doing things, but there is no
way of funding it right now.
The Commissioners agreed to consider funding at budget time.
A MOTION was made by Commissioner Usher, 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 6:45 P.M.
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D. L. Harrison, City Clerk