02-26-1979 Minutes==
City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
February 26, 1979
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, February 26, 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 W. M. Usher
comprising a quorum of the Board, also:
L. 0. Bengtson, City Attorney
W. E. Harris, Acting City Manager
D. L. Harrison, City Clerk
Absent:
None
The Minutes of the Regular Fleeting February 5, 1979, and the Special
Meeting February 21, 1979 were approved as printed.
THE MAYOR PROCLAIMED the Weekend of March 2 and 3, 1979 - "MARYMOUNT
COLLEGE 24 HOUR MUSCULAR DYSTROPHY DANCE MARATHON '79 WEEKEND". The proclamation
was read by Laura Pritchard and Pat Dalrymple, Co -chairpersons of the Social
Action Committee of Marymount College.
STAFF AGENDA.
BIDS l•JERE RECEIVED for three Sanitation Department Refuse Trucks:
0. J. 14atson, Wichita, Kansas
for 3 Heil packers on Ford chassis $62,403.00
0. J. Watson, hlichita, Kansas
for 3 Heil packers on GMC chassis 62,421.36
0. J. Hatson, Wichita, Kansas
for 3 Feil packers on IHC chassis 62,580.00
0. J. Watson, Wichita, Kansas
for 3 Heil packers on Chevrolet chassis 63,050.13
Murphy Machinery, Ilichita, Kansas
for 3 Leach packers on Ford chassis 64,188.00
A motion was made by Commissioner Graves, seconded by Commissioner
Duckers to refer the bids to staff to be checked and to accept the lowest proposal
that meets the specifications. Ayes: (5). "lays: (0). Motion carried.
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Curbing, guttering, paving and grading of IRENE STREET from the east
line of Lot 1, Block 32, Key Acres 2nd Addition to the southeast line
of Neal Avenue.
Curbing, guttering, paving and grading of NEAL COURT.
Curbing, guttering, paving and grading of SATURN AVENUE from the west
line of Planet Avenue to the east line of Tulane Avenue.
Curbing, guttering, paving and grading of TULANE AVENUE from the south
line of Lot 8, Block 5, Wallerius Addition to the south line of Venus
Avenue.
Curbing, guttering, paving and grading of VENUS AVENUE from the west
line of Lot 11, Block 5, Wallerius Addition to the west line of Tulane
Avenue.
I Curbing, guttering, paving and grading of ARMORY ROAD from the west
line of Broadway Boulevard, west a distance of five hundred fifty feet
(550').
Paving and grading of COUNTRY HILLS COURT.
Paving and grading of COUNTRY HILLS TERRACE.
Water main and services to serve certain lots and parcels of land in
Dow Addition, Key Acres 2nd Addition, Wallerius Addition, Park Hest
Addition, Country Hills Addition Number 2.
Lateral Sanitary Sewer 555. (Block 1, Country Hills Addition No. 2)
Lateral Sanitary Sewer 556.
� y (Block 1, Country Hills Addition No. 2)
Lateral Sanitary Sewer 559. (Block 2, Dow Addition)
Lateral Sanitary Sewer 561. (Block 5, Hallerius Addition)
Lateral Sanitary Sewer 562. (Block 6, Wallerius Addition)
Lateral Sanitary Sewer 564. (To serve a tract of land in the S SE1
of Section 36, T 14 S, R 3 1-1)
Lateral Sanitary Sewer 565. (Block 1, Replat of Block 30 and Lots 1
through 5, Block 33, Key Acres 2nd
Addition)
Lateral Sanitary Sewer 566. (Part of Blocks "C" and "D" Park Hest
Addition)
Lateral Sanitary Sewer 567. (Blocks, 3, 6, 10, Mayfair Addition)
Lateral Sanitary Sewer 568. (Block 31, Key Acres 2nd Addition)
as authorized by Resolution Number 3309, passed by the Board of Commissioners'
on the 7th day of March, 1977.
A PUBLIC HEARING was held on the proposed assessments for street and
utility improvements in Engineering Project 77-614:
Curbing, guttering, paving and grading of MINNEAPOLIS AVENUE from the
east line of Ohio Street to the west line of Courtney Drive.
Curbing, guttering, paving and grading of HIGHLAND AVENUE from the
north line of Key Acres 2nd Addition to the south line of Lot 6, Block
33, Key Acres 2nd Addition.
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Curbing, guttering, paving and grading of ^DEAL AVENUE from the north
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line of Lot 1, Block 31, Key Acres 2nd Addition to the east line of
Highland Avenue.
Curbing, guttering, paving and grading of IRENE STREET from the east
line of Lot 1, Block 32, Key Acres 2nd Addition to the southeast line
of Neal Avenue.
Curbing, guttering, paving and grading of NEAL COURT.
Curbing, guttering, paving and grading of SATURN AVENUE from the west
line of Planet Avenue to the east line of Tulane Avenue.
Curbing, guttering, paving and grading of TULANE AVENUE from the south
line of Lot 8, Block 5, Wallerius Addition to the south line of Venus
Avenue.
Curbing, guttering, paving and grading of VENUS AVENUE from the west
line of Lot 11, Block 5, Wallerius Addition to the west line of Tulane
Avenue.
I Curbing, guttering, paving and grading of ARMORY ROAD from the west
line of Broadway Boulevard, west a distance of five hundred fifty feet
(550').
Paving and grading of COUNTRY HILLS COURT.
Paving and grading of COUNTRY HILLS TERRACE.
Water main and services to serve certain lots and parcels of land in
Dow Addition, Key Acres 2nd Addition, Wallerius Addition, Park Hest
Addition, Country Hills Addition Number 2.
Lateral Sanitary Sewer 555. (Block 1, Country Hills Addition No. 2)
Lateral Sanitary Sewer 556.
� y (Block 1, Country Hills Addition No. 2)
Lateral Sanitary Sewer 559. (Block 2, Dow Addition)
Lateral Sanitary Sewer 561. (Block 5, Hallerius Addition)
Lateral Sanitary Sewer 562. (Block 6, Wallerius Addition)
Lateral Sanitary Sewer 564. (To serve a tract of land in the S SE1
of Section 36, T 14 S, R 3 1-1)
Lateral Sanitary Sewer 565. (Block 1, Replat of Block 30 and Lots 1
through 5, Block 33, Key Acres 2nd
Addition)
Lateral Sanitary Sewer 566. (Part of Blocks "C" and "D" Park Hest
Addition)
Lateral Sanitary Sewer 567. (Blocks, 3, 6, 10, Mayfair Addition)
Lateral Sanitary Sewer 568. (Block 31, Key Acres 2nd Addition)
as authorized by Resolution Number 3309, passed by the Board of Commissioners'
on the 7th day of March, 1977.
No protests, written or oral, were filed, and no changes were made in
the proposed assessment.
A MOTION was made by Commissioner tuckers, seconded by Commissioner
Geis to approve the assessments and to introduce the assessment ordinance for
first reading. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed: Number:
An unidentified woman asked what improvement the assessment covers?
Staff members explained the assessment is for curbing, guttering,
paving and grading, water main and services and sanitary sewer improvements.
Mr. Boyer asked her to come to his office to look at the benefit district map
and an explaination of the assessment.
A PUBLIC HEARING was held on the proposed assessments for street and
utility improvements in Engineering Project 78-634:
Curbing, guttering, paving and grading of ARGONNE DRIVE from the
northwest corner of Lot 1, Block 4, to the northeast corner of Lot 13,
Block 5, Country Club Estates Addition Number 3,
Curbing, guttering, paving and grading of DEBORAH DRIVE from the
southwest corner of Lot 12, Block 4, to the southeast corner of Lot
24, Block 5, Country Club Estates Addition plumber 3,
Curbing, guttering, paving and grading of BRADLEY DRIVE from the south
line of Argonne Drive to the north line of Deborah Drive.
Water main and service lines,
Lateral Sanitary Sewer 591,
Lateral Sanitary Sewer 591-A
as authorized by Resolution Number 3358, passed by the Board of Commissioners
on the 20th day of March, 1978.
No protests, wirtten or oral, were filed, and no changes were made in
the proposed assessment.
A MOTION was made by Commissioner Usher, seconded by Commissioner
Graves to approve the assessments and to introduce the assessment ordinance for
first reading. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed:
Number:
A PUBLIC HEARING was held on the proposed assessments for street and
utility improvements in Engineering Project 78-635:
Curbing, guttering, paving, grading and storm sewer in SOUTH STREET
from the west line of Broadway Boulevard to the west line of Armory
Road,
Curbing, guttering, paving, grading and storm sewer in ARMORY ROAD
from the south line of South Street to the southwest corner of Block
"B", Park West Addition,
Curbing, guttering, paving, grading and storm sewer for the accel and
decel lanes on the west side of Broadway Boulevard between South
Street and Armory Road,
Water main improvements,
Lateral Sanitary Sewer 598,
Sewage pump station and force main.
as authorized by Resolution Number 3368, passed by the Board of Commissioners
on the 8th day of May, 1978.
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Mr. F. E. Frank, J. S. Frank Construction Company, was present to
protest the assessment. He said he owns 2 acres and the assessment is $10,250
an acre and he feels the proposed assessment is unfair because it was put in to
accommodate K -Mart, and will not benefit his property. He said a 60" storm
sewer is excessive, and asked why the property in the southeast corner of the
addition is not in the benefit district.
Mr. Boyer explained the 60" storm sewer was put in and will be paid
for by the property south of South Street, and the property on the north side of
South Street is paying only for the smaller storm sewer and the curbing, guttering
paving and grading of the north half of South Street.
Mr. Bob Freeman, Jim's Truck and Trailer, was present to protest the
assessment. He said the improvement will not benefit his property.
Mr. Ed Cox was present to protest the assessment. He said the improveme`
will not benefit his property, and that it was put in to benefit K -Mart. I
Mr. Bengtson explained that the improvements were petitioned for by a
majority of the property owners in the benefit district, and the improvements
were installed under K.S.A. 12-6a provisions, with the costs to be assessed on a
front foot basis, and the only changes the City Commission can make in the
assessment at this time is to correct errors in the calculation of assessment,
to correct errors in the calculation of front footage, or any errors.
A MOTION was made by Commissioner Duckers, seconded by Commissioner
Usher to table approval of the assessments for 2 weeks so staff can check the
calculations to be sure they are correct. Ayes: (5). "lays: (0). Motion carried.
A PUBLIC HEARING was held on the proposed assessments for water main
improvements in Engineering Project 78-643:
Water main in Barlow Drive from Marymount Road to Fairdale Road.
Water main in Fairdale Road between Barlow Drive and Barlow Court.
Water service lines to serve Lots 1, 2, 5, Block 1; Lot 1, Block 2;
and Lot 1, Block 3, Eastridge Addition.
it
as authorized by Resolution Number 3389, passed by the Board of Commissioners
on the 25th day of September, 1978.
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Mr. Pete Peterson, attorney for Dr. Edward Simmons, was present concerning
the assessments. He asked why the assessment was not spread to all lots in
Eastridge Addition? He also asked why the developers deposit was not shown on
the notice of hearing? j
Mr. Harrison said Mr. Barlow does have a deposit on the project and
that the deposit will be reflected in the notice to property owners after the
special assessment ordinance is adopted.
Mr. Bengtson explained that the petitioner petitioned only for water
service to five lots in Eastridge Addition, and that State Law provides the
benefit district may be decreased after the petition is filed and the resolution
authorizing the improvements is passed, but it may not be increased. Any additionlal
water service will require a new petition, and new construction job.
A MOTION was made by Commissioner Usher, seconded by Commissioner
Duckers to table approval of the assessments for 2 weeks so staff can check the
calculations to be sure they are correct. Ayes: (5). Nays: (0). Motion carried.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
providing that adequate provisions be made for storm water runoff prior to the
approval of any preliminary plans." (Amending Section IV(b)13 of the Subdivision
Regulations)
Commissioner Usher asked for a report from the City Attorney on this
ordinance.
Mr. Bengtson reported the city is not increasing its liability any
further than at the present time, because at the present time we design and pass
on the adequacy of storm sewers in the area and by this ordinance we are not
going to increase our liability.
A motion was made by Commissioner Graves, seconded by Commissioner
Geis to adopt the ordinance as read and the following vote was had: Ayes: Geis,
Graves, Usher, Duckers, Weisgerber (5). Nays: (0). The Mayor approved the
Ordinance and it is numbered 8688. The ordinance was introduced for first
reading February 5, 1979.
AN ORDINANCE was introduced for second reading entitled; "AN ORDINANCE
requiring that affirmative action programs of contractors be submitted with bids
to the City of Salina in order to insure equal treatment of all employees;
amending Section 11A-63 of the Salina Code and repealing the existing section."
Mr. Harris asked Mr. Burnett to address items 7, 8, and 9.
Mr. Burnett said, "We would like for you not to take any action on the
ordinance on 2nd reading as it relates to 11A-63 of the Salina Code. The reason
for this is that some new information have come to me as it relates to OFCC
which is Office of Federal Contract Compliance. Since the reorganization they
have total authority over our federal contract compliance, so what they are
saying in the new regulations is that and I will read it to you, 'that constructi
contractors are not required to maintain bid in the affirmative action program
and are specifically exempt from a written requirement', according to the
regulations. Only non construction firms must have a written affirmative action
program on file, because this bill exempts and excludes them from submitting
with their bids as called by the ordinance and affirmative action program, so I
would ask you not to take any action on that ordinance, because we are in
compliance as it is written up."
A MOTION was made by Commissioner Geis, seconded by Commissioner
Graves to adopt the ordinance as read and the following vote was had: Ayes:
(0). Nays: Geis, Graves, Usher, Duckers, Weisgerber (5). The motion did not
carry and the ordinance was not adopted.
Mr. F. E. Frank, J. S. Frank Construction Company, said, "The
affirmative action program as it stands now, the way I hear it, you haven't
removed the affirmative action program. The federal government, federal funds
are the only projects that necessitate an affirmative action program. It is
illegal to have an affirmative action program, so consequently I don't think the
city should request the contractors have one on file as has been in the past."
Mr. Burnett replied, "This only, to answer your question, pertains to
construction contracts. We are not talking in terms vendors, suppliers,
(unintelligible), we are talking in terms of our ordinance which read at $10,000
or more, then those vendors, suppliers, are to submit affirmative action programs
which is in line with the deregulations of CRF -41."
Mr. Frank said, "This is what I want to hear; so in other words the
contractors will not have to file an affirmative action program, only the vendors.
Mayor Weisgerber asked Mr. Burnett if he has comments on the next two
ordinances.
Mr. Burnett said, "I would like to have them stay the way they are,
and they are in compliance with the equal employment opportunity regulations."
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
providing for the procedures for filing and processing complaints; amending
Section 11A-72 of the Salina Code and repealing the existing section."
Commissioner Usher said, "It appears to me if we pass this ordinance
2nd reading, we will eliminate any appeal a person might have for no probable
cause, a decision made by the director, is that correct?"
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Mr. Burnett replied, "Not necessarily so, it is just not spelled out
within the ordinance. What this is really saying it is giving the director the
responsibility of hearing the complainant or respondent requesting probable
cause finding to the Commission. Which would be the Board of Human Relations
Commission. Usually the ordinance was reading that the request come from the
respondent or the complainant but during this particular time we are talking in
terms of conciliation where they break down and we are talking in terms of me
requesting a public hearing."
Commissioner Usher - "Well, I don't know. It seems, it looks to me
like we are going to eliminate the right of repeal for no probable cause, and
you are saying we are not."
Mr. Burnett said, "They have a right to appeal probable cause, not
probable cause is binding any how. If it is probable cause or no probable
cause. If either one is not justified through investigation.
Commissioner Usher asked, "How would they go about appeal then, if we
pass this ordinance?"
Mr. Burnett said, "They could appeal directly to the commission for no
probable cause findings."
Commissioner Graves, "The Kansas Civil Rights Commission?"
Mr. Burnett said, "No, my board."
Commissioner Geis asked, "Will, how did your board respond to this
ordinance? They were receptive of it?"
Mr. Burnett said, "They were receptive of it. There were some concerns
from my chairman as to the question that Commissioner Bill Usher did ask. But
we did talk in terms of how this could be done. One thing you have to understand
is, you are talking in terms of no probable cause findings, and you are talking
the right to appeal, then if they appeal to the commission as the ordinance is
written they themselves, the commission, have to do an total investigation of
that no probable cause finding. And I explained this to them, that this is one
of the procedures they would have to do themselves if the appeal comes to them.
They have that power up under the ordinance to do any investigation; so if they
say no probable cause finding, and they appeal that no probable cause finding
then that board would gonna have to make a investigation to the allegation of
that appeal."
Mayor Weisgerber said, "The City Attorney has been reading that ordinanc.6,
do you have a question about it Larry?"
Mr. Bengtson, "No, I don't have the originals on here."
Commissioner Usher commented, "That was my difficulty too, Larry. I
am trying to look at the old ordinance, and then we have got some changes in the
margin here, and there was a question in my mind and that is why I am raising
it. And also the minutes of the Human Relations Commission of February 6th said
the same thing. They were concerned about it too, but they don't go on to
explain what might be done, if we had a no probable cause."
Mr. Bengtson said, "Certainly our ordinance could not deny the right
of an appeal to an individual."
Commissioner Usher said, "And we wouldn't want one."
Mr. Bengtson said, "No, and certainly they always have the right to
appeal this to the district court regardless of what our ordinance might say
because that is a right and I don't think we can deny it by our ordinance if the
commission would find that probable cause exists, certainly they have that right
regardless of what we might say because state law would give them this right."
Commissioner Usher said, "Uh huh, that is correct, but we are changing
something we already have, it is a question of why."
101129-1
Mayor Weisgerber asked, "Larry, do we want to drop this out for a week
and let it come back next week?"
Mr. Bengtson, "Why don't we check it out and make sure, because if
there is any question we don't want to, we wouldn't want to be in violation on
this."
Commissioner Usher said, "These are 3 change in our ordinance that
were requested without first having been discussed and approved by the Human
Relations Commission, and that does bother me a little bit because I feel they
should have examined these three requests and agreed with them, rather than
after the fact."
Mayor Weisgerber, "I think we need the next one though."
Commissioner Usher, "I have no problem with the next one."
A motion was made by Commissioner Usher, seconded by Commissioner
Duckers to table consideration of the ordinance for one week to amend Section
11A-72. Ayes: (5). Nays: (0). Motion carried.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
pertaining to recruiting and advertising by the City of Salina, Kansas, for
employees in order to insure non-discrimination in employment opportunities;
amending Section 11A-93 of the Salina Code and repealing the existing section."
A motion was made by Commissioner Usher, seconded by Commissioner Duckers to
adopt the ordinance as read and the following vote was had: Ayes: Geis, Graves,
Usher, Duckers, Weisgerber (5). Nays: (0). Carried. The Mayor approved the
ordinance and it is numbered 8689. The ordinance was introduced for first
reading February 5, 1979.
A RESOLUTION was introduced and passed entitled: "A RESOLUTION
authorizing and ordering certain curbing, guttering, paving, grading, water main
and services, sanitary sewer and storm sewer improvements, ordering preparation
of plans and specifications, and the estimate of costs." (Engineering Project
79-646 - Marydale, Woodland, Schippel, Dow, Twin Oaks and Grain Belt Additions)
A motion was made by Commissioner Geis, seconded by Commissioner Usher to adopt
the Resolution as read and the following vote was had: Ayes: Geis, Graves,
Usher, Duckers, Weisgerber (5). Nays: (0). Carried. The Mayor approved the
Resolution and it is numbered 3408.
THE CITY ENGINEER filed plans and specifications for Engineering
Project 79-646 for street and utility improvements in Marydale, Woodland,
Schippel, Dow, Twin Oaks, and Grain Belt Additions. A motion was made by
Commissioner Graves, seconded by Commissioner Geis to approve the plans and
specifications for Engineering Project 79-646 as filed by the City Engineer.
Ayes: (5). Nays: (0). Motion carried.
A MOTION w1as made by Commissioner Graves, seconded by Commissioner
Geis to set the date of March 12, 1979 to receive bids for street and utility
improvements in Engineering Project 79-646, and to instruct the City Clerk to
advertise for bids. Ayes: (5). Nays: (0). Motion carried.
A RESOLUTION was introduced and passed entitled: "A RESOLUTION
determining the advisability of water main improvements, estimating the cost
thereof, defining the boundaries of the improvement district, method of
assessment, and apportioning the cost between the improvement district and the
City -at -large. (Engineering Project 79-647 - Presbyterian Manor) A motion was
made by Commissioner Duckers, seconded by Commissioner Usher to adopt the
Resolution as read and the following vote was had: Ayes: Geis, Graves, Usher,
Duckers, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution
and it is numbered 3409.
A RESOLUTION was introduced and passed, entitled: "A RESOLUTION
authorizing the temporary investment of approximately $500,000.00 of idle funds
of the City of Salina, Kansas." A motion was made by Commissioner Duckers,
seconded by Commissioner Graves to adopt the Resolution as read and the following
vote was had: Ayes: Geis, Graves, Duckers, Weisgerber (4). Nays: (0).
Commissioner Usher abstained. Carried. The Mayor approved the Resolution and
it is numbered 3410.
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THE CITY ENGINEER reported on Petition Number 3734, filed by Joan
Simmons for the removal of the restricted access from Marymount Road to Lot 1,
Block 2, Eastridge Addition so that a semicircular driveway may extend from the
north side of the lot on Barlow Drive to the west side of the lot on Marymount
Road, "The planning commission recommended this restricted access on Marymount
Road on April 13, 1977, at the time Eastr-idge Addition was platted. There is
now limited access on the east side of Harymount Road from the above subject
location to Crawford Street, with the exception of the apartment complex on the
southeast corner of Marvmount Road and Crawford Street.
"As the Planning Commission desires to maintain limited access where
possible on all arterials, and because of the fact that this lot has full access
from Barlow Drive, I would recommend denial of the request on Petition Number
3734."
Mr. Peter L. Peterson, attorney representing Dr. Edward Simmons, was
present and presented a drawing of the lot with the proposed driveway. He said
every rule should have an exception, and that this driveway would be used
primarily by guests of the owner and that the cars would be driving out rather
than backing out.
Mr. Rawlings reported that no breaks in restricted access have been
granted, with the exception of one, since 1973. He explained the proposed
driveway is extremely close to the corner and every driveway is a possible
source of conflict. Restricted access was approved on the plat of Ea.stridge
Addition and all plats in the area.. Hhere there is a large number of driveways
proposed, we require frontage roads, and that is the reason behind the desire to
keep these breaks in restricted access at an absolute minimum.
Commissioner Usher said he feels there is some exception to every
rule.
A motion was made by Commissioner Geis, seconded by Commissioner
Graves to accept the recommendation of the City Engineer and deny Petition
Number 3734. Ayes: Geis, Graves, 14eisgerber (3). Nays: Duckers, Usher (2).
Motion carried.
THE CITY EINGINEER reported on Petition Number 3741, filed by John 1.1.
Mize, attorney for C. E. Vanover for the vacation and release of an easement or
right-of-way, running between Lots 8 and 9 in the Mount Barbara Park Addition,
"The 6 foot easement has never been used and we cannot see any need for it in
the future. The Kansas Power and Light Company, Southwestern Bell Telephone
Company, and Salina Cable TU System, Inc. have indicated they have no need for
this easement.
"I would recommend the vacation of the above subject easement."
A motion was made by Commissioner Usher, seconded by Commissioner
Duckers to accept the City Engineer's recommendation and approve the petition,
and to introduce an ordinance to vacate the easement for first reading. Ayes:
(5). Nays: (0). Motion carried.
Ordinance Passed:
Number:
A MOTION was made by Commissioner Duckers, seconded by Commissioner
Usher to authorize the Mayor to sign a contract with 1,1ilson and Company for
Engineering design work on the Calcining Plant. Ayes: (5). ^lays: (0). Plotion
carried.
A LETTER was received from the City Planning Commission recommending
the approval of Zoning Application 79-1, filed by Realty Management for the
rezoning of the blest 131.75 feet of Lots 7 and 9, Block 1, Replat of Beebe's 2nd
Addition from R-3 to C-3. A motion was made by Commissioner Duckers, seconded
by Commissioner Geis to accept the recommendation of the City Planning Commission
and approve Zoning Application 79-1, and to introduce the rezoning Ordinance for
first reading. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed: Number:
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A LETTER was received from the City Planning Commission recommending
the approval of Zoning Application 79-2, filed by Donald Tasker for the rezoning
of Lots 32, 33, 34, 35, and the East 44.97 feet of Lot 36, Block 2, Dow Addition
from R to R-1. A motion was made by Commissioner Graves, seconded by Commissione
Usher to accept the recommendation of the City Planning Commission and approve
Zoning Application 79-2, 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 79-3, filed by the Salina City Planning
Commission for the rezoning of a tract of land in the East z of Section 13,
Township 14 South, Range 3 blest (also known as a portion of Kenwood Park) from
R-1 to C-3.
Mr. James Price was present protesting the rezoning of Kenwood Park to
allow the sale of beer. He presented a petition signed by 30 of a possible
40 property owners within the legal protest area. (The petition was filed after
the time expired for a legal protest, and because each signature was not acknowl
the petition was not numbered.) He said he is a father of 6, and protests the
rezoning on a religious basis and because it will deteriorate the value of his
property because of the clutter from the Bicentennial Center. He said alcohol
served in the Bicentennial Center will tear down individual lives. He asked
people in the audience to show hands if they opposed the rezoning.
Several people raised their hands.
Mr. Bengtson said alcoholic beverages can never be sold in the building,
only cereal malt beverages.
Herman Wisener said the City Commissioners should each be held
accountable for each auto accident, each death, and each wrecked life if beer is
allowed to be sold in the Bicentennial Center.
Commissioner Usher said beer will not be available for every event.
Commissioner Graves said the people who want beer are going to have
beer and there will be less littering if drinking the beer is confined to the
building.
A motion was made by Commissioner Usher, seconded by Commissioner
Duckers to accept the recommendation of the City Planning Commission and approve
Zoning Application 79-3, and to introduce the rezoning ordinance for first
reading. Ayes: Graves, Usher, Duckers, Weisgerber (4). Nays: Geis (1). Motion
carried.
Ordinance Passed: Number:
A LETTER was received from the City Planning Commission recommending
the approval of Zoning Application 79-4, filed by Homestead Savings and Loan
Association for the rezoning of Lots 15 and 17, except that portion condemned by
the City of Salina, Block 3, College View Addition from R-1 to R-2. A motion
was made by Commissioner Duckers, seconded by Commissioner Usher to accept the
recommendation of the City Planning Commission and approve Zoning Application
79-4, 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 79-5, filed by Harold Larson for the rezoning
of Lots 1, 2, and 3, Block 9, Replat of Indian Rock Addition from R-1 to R-2.
led,
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PETITION NUMBER 3744 was filed by property owners within 200 feet of
Lots 1, 2, 3, Block 9, Replat of Indian Rock Addition, protesting the rezoning
from R-1 to R-2.
Mrs. Brenda O'Gorman, petitioner, was present and said the area propert
owners oppose any zoning change in that area. She said there is commercial
across the street. on Ohio, and that across the river next to this property is
zoned for duplexes, and that spot zoning those 3 lots would be a detriment to
their property, and there would be a traffic hazard if those properties were
used as commercial or R-2. The R-2 zoning would leave the builder open to use
the lots for duplexes if they decided not to build the office. She said the
church right next to the property conducts a parochial school and there are
children playing there. She said the people in the area have agreed with the
ball parks in the area, but they feel rezoning this property would be a detriment
to the area and they are opposed to the rezoning.
Mrs. Martha Thomas, was present protesting the rezoning. She said the
property is in a single family neighborhood and there is commercial property
across the street west on Ohio Street, and that the additional traffic of an
office building would be a detriment to the neighborhood.
Mr. Bill Winkley, Attorney representing the petitioner Harold Larson,
was present. He said the property is on Ohio and is not suitable for additional
homes, that they are not prime residential lots, and that rezoning would not be
a detriment to the property owners because the property would have to be surrour
by a privacy fence to keep the neighborhood children, out. fie said the clinic
would be for 2 ophthalmologists if zoning is approved so there would be no high
density traffic and asked the City Commission to approve the zoning application.
Commissioner Graves asked what the Land Use Plan shows for the property.
Mr. Rawlings said the Land Use Plan shows the land as residential.
Commissioner Geis said he is concerned that with that zone the
applicant could drop his plans for the office building and go ahead with duplexes.,
A motion was made by Commissioner Graves, seconded by Commissioner
Duckers to return Zoning Application 79-5 to the City Planning Commission for
its reconsideration, because the character of the neighborhood is single family
dwellings, and there is a shortage of single family dwellings, there is plenty
of commercial and R-2 zoning in the city, and because of the additional traffic.
Ayes: (5). Nays: (0). Motion carried.
PUBLIC AGENDA
PETITION NUMBER 3744 was filed by property owners within 200 feet of
Lots 1, 2, 3, Block 9, Replat of Indian Rock Addition, protesting the rezoning
from R-1 to R-2, Zoning Application 79-5. (This petition was considered with
staff agenda item 21.)
SURETY ON BAIL BOND license applications were filed by:
1. Jack Kindlesparger, d/b/a B & K Ponding, 101 North Estates
2. Stephen M. Klingzell, agent for B & K Bonding
3. Kyle B. Mansfield, agent for B & K Bonding
4. Alfred Robert Hehre, agent for B & K Bonding
The City Clerk reported the applicants have paid the required fee, and have been
approved by the Police Department, and that B & K Bonding has all the required
documents on file. A motion was made by Commissioner Duckers, seconded by
Commissioner Usher to approve the license applications and authorize the City
Clerk to issue the licenses. Ayes: (5). flays: (0). Motion carried..
A TREE TRIMMING License application was filed by Marvin Reinert, d/b/a
Reinert Tree Service, 167 North Broadway. The City Clerk reported the applicant
has paid the required fee and has the required certificate of public liability
insurance on file, and the application has been approved by the Zoning Officer.
A motion was made by Commissioner Usher, 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 REQUEST was received from Robert Marietta for Mr. Paul Miller to bE:
present at the City Commission meeting to discuss a change in the present
ordinance governing the use of fireworks in the City of Salina, Kansas.
Mr. Marietta said, "If the Commission please, Mr. Milder and his wife
are here. I am speaking on behalf of them. Some time ago the Commission banned
fireworks in Salina and as a result of this ban the citizens of this city took
to the county in large numbers to shoot and enjoy their fireworks. This year
the farmers became concerned by the exodus on the 4th of July to the county and
they sought redress from the County Commissioners and the County Commissioners
banned fireworks in the county. Now the County Commissioners have indicated
they would be glad to cooperate on some solution to this problem rather than an
outright ban; but thev feel that it has to be a joint thing. I think it is an
opportunity for the city and county to get together and show the citizens of our
community of their cooperative spirit. Now, Paul Miller has a circulated
petitions and he has over a 1,000 signatures of people who would like to have
fireworks restored in this area. He says that in the people that were approached
8 out of 10 favored the petition that he had to circulate. Now fireworks, as
you probably all know, is a recreation, it is an enjoyment of the people, it is
a family fun activity, and they are used world-wide to celebrate national events,
and certainly the 4th of July, Independence Day, is a matter of great import.
The class c fireworks are federally legal consumer products. The report of the
consumer products safety commission ranks fireworks 79th in their hazard index.
I would like to read to you the first 10, and keep in mind that fireworks are
79th. Bicycles and equipment is number one; stairs, ramps and landings number
two; football and equipment three; baseball and equipment four; playground and
equipment next; power lawnmowers; skates, skateboards and scooters; swimming
pools and equipment; non glass tables and unspecified tables; beds and bunk
beds. Those are the first 10. Fireworks is 79th. We would like to ask the
Commission to reconsider this ban on fireworks. We feel you can propose and
pass such regulations and restrictions that could govern the use of fireworks in
a sensible and reasonable way. Of course, you would want to lengthen the period,
or to specify the period of time the fireworks could be used. You would want to
specify the time they could be sold, the type of fireworks should be at least
limited to class c fireworks. You could limit and control the place of sale
and who can sell them. Perhaps you would want to restrict it to residents of
the area instead of allo:•:ing maybe the out of town people to come in and set up
for a few days. You can provide insurance requirements, and Mr. Miller has
secured copies of ordinances in several other Kansas towns, and he would be glad
to make those available to the Commission and City Attorney for study, but we
urge a common sense control rather than a total ban on fireworks for the city.
Now we, again, call your attention that fireworks are used just one day a year.
One day of the year. It has a low hazard index, but we feel there is no need to
over react and we would ask you to consider seriously this problem and ask that
you lift the ban on fireworks."
Mayor Weisgerber - "Don't everyone speak at once."
Commissioner Geis - "Well, I was just thinking, while he was reading
that, of the four fire engines that were down to our place last July 4th, three
of which stayed most of the night and one came back and, well there was traffic
back and forth from the fire department for three days putting out fires generate
by fireworks, and I am, I wholeheartedly, I am accepting this possibility to
cooperate with the County Commission. I wholeheartedly support their ban on it,
applaud them, and hope that we will join hands with them and prevent any firework,,
within the city limits of Salina, and/or the County of Saline."
Mr. Marietta - "Well, so far as the hazards are concerned, of the losse',
Mr. Geis, cigarettes cause much greater fire losses in this community and other
communities than fireworks ever have."
Commissioner Graves - "Well, let's ban 'em."
Mr. Marietta - "And you don't seek to ban those."
Commissioner Geis - "If I could, I would."
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Commissioner Graves - "As far as the hazard is concerned I am, you
know, it is number, what did you say number 16 on the list?
Mr. Marietta - "79th"
Commissioner Graves - "Bicycles are used 366 days of the year, and all
those other things, and it seems to me that is rather high on the list when it
is only used one day out of the year."
Mr. Marietta - "That is taken into consideration in the hazard index."
Commissioner Graves - "That is factored into it, that is only used
one .."
Mr. Marietta - "It is a complicated scale, but having been set up by
the government, you know it is complicated."
Commissioner Graves - "Well. I am for fireworks displays. I won't iso
into that, but there is a move afoot so that we don't leave people in this j
county totally without some kind of boom, boom, on the 4th."
Mr. Marietta - "This index is with age, adjusted freouency, severity
factors worked. in. So it does have frequency (unintelligible)
Commissioner Geis - "I listened to your request and I can see gigantic
problems on the part of the city in enforcement of such restrictions as your
proposal would require. It is difficult enough, as you know, when the restriction
were limited to the sale of fireworks and the shooting in the county to keep them
out of the city. I see nothing but trouble in that, and .."
Mr. Marietta - "Ile are not particularly asking you to make a decision
today on this. We would like to have you consider it. Now, as to that
particular problem, I think the city could specify a designated shooting area.
Areas where they could be safely used. For my own part, personally, I feel that
if they were shot in their own yard, children shoot them in their yards under
the supervision of their own mothers and fathers, that is maybe where they
should be, as I see it. Now I know we did this for many years and I don't
recall of having terribly serious problems, that I can recall; but in this day
and age it seems like we want to over react, we want to ban everything, and we
want to control everything, and maybe we ought to let people have a little
freedom to use on these things properly controlled. Ue think, by using the
class c fireworks which have been approved by the agency of the federal government
that we are not getting into an area that is dangerous to any extent. I think
you ought to take a look at some of these ordinances. I think you ought to take
a look at some of the, of what class c fireworks are, to see if they really are
as bad or would cause the hazards that you think. I think it could be done. It
has happened elsewhere. We used to do it in Salina before the ban. It wasn't
too bad."
Mayor 11eisgerber - "Well, do you want to take action today, do you
want to delay it, what do you want to do?"
Commissioner Geis - "!Jell, it is just a request, so I don't know what
action .. "
Commissioner tuckers - "We have, we have heard his request."
Commissioner Geis - "..what are our options at this point, having
heard the request?"
Mr. Harris - "llell, you can certainly table it for further consideratior
you can probably repeal, place on first ordinance the repeal of our present
ordinance; but I would like to encourage you to leave the ordinance stand. We
have struggled with this for a number of years. The City finally banned the
fireworks and I think we have had an exhibit of city and county cooperation when
the County followed suit and banned it. I understand that there was legislation
submitted at the State level this year to ban state-wide and I don't know the
status of that; but I can certainly assure you if time has, if enough time has
elapsed that you have forgotten, the fireworks caused many problems within the
City of Salina for our Police Department, for our Fire Department, so far as the
injuries, I am sure there were some in the medical profession have spoken very
strongly against them, and if you want to give this further consideration I'll
certainly take advantage of any time to ask the Police Department and Fire
Department to document a case to sustain this ordinance prohibiting the sale and
use of fireworks. I am not talking about a public exhibit, such as has been
mentioned, a sponsored type of public display. I am very strongly against
repealing of this ordinance and I am sure that I speak in behalf of the staff,
and if you want to take it under consideration, give us a little time and I will
have a stack of reports and recommendations, and people lined up in here to very
strongly support the maintenance of this ordinance."
Commissioner Duckers - "Mr. Mayor, I would move that we give no further
consideration to a change in the ordinance governing the use of fireworks in the
City of Salina."
Commissioner Geis - "Second that."
Mayor Weisgerber - "Any further discussion among the Commissioners?
All those in favor of the motion say aye: (5). Any opposed? Nays: (0).
Motion carried.."
A REQUEST was received from Darrell Francisco to be present to discuss
the water line down North Fifth Street between I-70 and Stimmel Road.
Mr. Harold Crowther, Attorney representing Mr. Francisco was present.
He said Mr. Francisco has apartments there along North 5th Street, houses in
Salina, and lots in Salina. He said the wells of the houses on the east side of
North Fifth Street are contaminated. He asks to hook onto the new water main in
Fifth Street and is willing to be annexed if he can get city water.
A motion was made by Commissioner Duckers, seconded by Commissioner
Usher to refer the request to the City Engineer for a report, recommendation,
and map in 2 weeks. Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3745 was filed by Christian Humanics Foundation, Inc.,
Windsor Estates Nursing Home, by L. Robert McLaughlin, President, for the vacatiot
of right-of-way of the East 5 feet of Lots 5, 7, 9, 11, and the West 5 feet of
Lots 6, 8, 10, 12, Block 2, Van Trine Addition, to remain as a utility easement.
A motion was made by Commissioner Geis, seconded by Commissioner Usher tc refer
the petition to the City Engineer for a recommendation. Ayes: (5). Nays: (0).
Motion carried.
COMMISSION AGENDA
RECONSIDERATION OF PETITION NUMBER 3740, filed by Lee Haworth for the
approval of the plat of Twin Oaks II. (Tabled January 22, 1979 for 30 days).
A motion was made by Commissioner Geis, seconded by Commissioner Usher
to remove the petition from the table. Ayes: (5). Mays: (0). Motion carried.
A MOTION was made by Commissioner Usher, seconded by Commissioner
Duckers to refer the petition to the City Planning Commission. Ayes: (5).
Nays: (0). Motion carried.
"CONSIDERATION OF A RESOLUTION PROVIDING THE PROCEDURE FOR REQUESTING
THE ISSUANCE OF INDUSTRIAL REVENUE BONDS BY THE CITY OF SALINA, KANSAS".
(Sponsored by Commissioner Graves.)
Commissioner Graves reviewed the background of the Industrial Revenue
Requests.
The Commissioners and staff discussed the fees to be established and
agreed on a $500.00 filing fee and ,% of the amount of the bond issue as a service
fee to be paid at the time bonds are issued.
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A RESOLUTION was introduced and passed entitled: "A RESOLUTION
providing the procedure for requesting the issuance of Industrial Revenue Bonds
by the City of Salina, Kansas". (Establishing a $500.00 filing fee, and a fee
of z percent of the amount of the bond issue to be paid at the time the bonds
are issued to compensate for staff time spent on the issue.) A motion was made
by Commissioner Graves, seconded by Commissioner Geis to adopt the Resolution as
read, including the minor changes as suggested. Ayes: Geis, Graves, Usher,
Duckers, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution
and it is numbered 3411.
The following items were brought to the floor for discussion:
Commissioner Duckers said he wants on the [larch 5, 1979 agenda, the
consideration of using the flood control dikes as a jogging path.
A MOTION was made by Commissioner Duckers, seconded by Commissioner
Usher that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (5). Plays: (0). Motion carried. The meeting adjourned at 6:31 P.M.
. L. Harrison, City Clerk
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