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03-05-1979 MinutesCity of Salina, Kansas Regular Meeting of the Board of Commissioners March 5, 1979 The Regular Meeting of the Board of Commissioners met in the City Commission Meeting Room, City -County Building, on Monday, March 5, 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 14. 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 Meeting of February 26, 1979 were approved as printed. THE MAYOR PROCLAIMED the Week of March 3 through 10, 1979 - "INDIAN ROCK MEMORIAL MARATHON WEEK IN SALINA". The proclamation was read by Gary Runyan, Race Director. STAFF AGENDA THE COMMISSIONERS reconsidered the annexation of Tract 1 on South Ohio Street. (Neises, Sprecker, Lundberg, Knowles properties). (Annexation applicati 78-4) Mrs. Albers said the home owners of Tracts 1, 2, 3, 4, object to annexation, from the Neises property East, and presented a protest petition. (The petition was later numbered 3748). Mr. Virg Lundberg was present and thanked the Commissioners for the delay in action and said he does not object to annexation, but said the problem of storm drainage should be solved by the city before any annexation occurs in the area. John Palm said a majority of the land in the drainage district referred to at the January 22nd meeting is now in the city limits and that its last official action occurred in 1951. Mrs. Rosetta Ogborn, representing Dr. Matthes, (who is buying the Knowles property on contract) asked that the annexation be delayed about 8 weeks so Dr. Matthes can complete his plans for a planned development district, or to annex the land as C-1, (Restricted Business) so he can do with his property what he wants to. John Palm showed maps of the area, and the Commissioners, staff and interested people discussed the criteria for annexation. 1 1 1 n A motion was made by Commissioner Graves, seconded by Commissioner Geis to introduce an ordinance for first reading to annex Tract 1 on South Ohio to guide fringe development in an orderly manner for the ultimate development of the city within the dike system. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: THE COMMISSIONERS reconsidered the annexation of Tract 2 on South Ohio Street (Graham property). (Annexation application 78-6) Mr. Graham was present to protest the annexation of his property. A motion was made by Commissioner Geis, seconded by Commissioner Duckers to introduce an ordinance for first reading to annex Tract 2 on South Ohio Street. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: THE COMMISSIONERS reconsidered the annexation of Tract 3 on South Ohio Street. (Sinsabaugh property). (Annexation application 78-7). A motion was made by Commissioner Usher, seconded by Commissioner Graves to introduce an ordinance for first reading to annex Tract 3 on South Ohio Street. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: THE COMMISSIONERS reconsidered the annexation of Tract 4 on South Ohio Street (Village of Loretto). (Annexation application 78-8). Mr. Glen Lorenson was present protesting the annexation of his property and Mr. Reed's property because of the excessive costs to bring water and sewer improvements past his property to the properties to the east and because of the increase in taxes. He said he bought his property 36 years ago as a retirement place. He said if the city annexes the area, he wants a guarantee he wouldn't have to pay the additional taxes for special assessments. right now. Mrs. Albers said the property owners want it left just the way it is A motion was made by Commissioner Geis, seconded by Commissioner Graves to annex Tract 4 on South Ohio Street. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: Mr. Lundberg asked if the city controls all the property from his property to the hole in the dike, or when it would be annexed. John Palm said it would be after April. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas, for the purpose of paying a portion of the cost of: 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. Curbing, guttering, paving and grading of NEAL AVENUE from the north 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. 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 West Addition, Country Hills Addition Number 2. Lateral Sanitary Sewer 555. (Block 1, Country Hills Addition No. 2) Lateral Sanitary Sewer 556. (Block 1, Country Hills Addition No. 2) Lateral Sanitary Sewer 559. (Block 2, Dow Addition) Lateral Sanitary Sewer 561. (Block 5, Wallerius Addition) Lateral Sanitary Sewer 562. (Block 6, Wallerius Addition) Lateral Sanitary Sewer 564. (To serve a tract of land in the S2 SE -14 of Section 36, T 14 S, R 3 W) 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 West Addition) Lateral Sanitary Sewer 567. (Blocks, 3, 6, 10, Mayfair Addition) Lateral Sanitary Sewer 568. (Block 31, Key Acres 2nd Addition) (Engineering Project 77-614 - Country Hills Addition Number 2, Dow, Key Acres 2nd, Mayfair, Park West, and 1,1allerius Additions) 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 8690. The ordinance was introduced for first reading February 26, 1979. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas, for the purpose of paying a portion of the cost of: 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, 1�4? ? ,)elf) 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 Number 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 (Engineering Project 78-634 - Country Club Estates Addition Number 3) 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). Carried. The Mayor approved the ordinance and it is numbered 8691. The ordinance was introduced for first reading February 26, 1979. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the procedure for filing and processing complaints, amending Section lIA-72 of the Salina Code and repealing the existing section." (Tabled February 26, 1979 for one week) A motion was made by Commissioner Geis, seconded by Commissioner Duckers to remove the ordinance from the table for consideration. Ayes: (5). Nays: (0). Motion carried. Mr. Bengtson reported an appeal procedure for both parties or the director was added to this ordinance. A motion was made by Commissioner Usher, seconded by Commissioner j Graves 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 8692. The ordinance was introduced for first reading February 5, 1979. I AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE vacating a certain easement in Mount Barbara Park Addition." (Requested in Petition Number 3741, filed by John Mize for C. E. Vanover) I A motion was made by Commissioner Duckers, seconded by Commissioner Usher 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 8693. The ordinance was introduced for first reading February 26, 1979. i AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE I providing for the amendment of Ordinance Number 8526, the same being Chapter 36 I of the Salina Code, and the Zoning District Map therein and thereby adopted and providing for the rezoning of certain property within the city and prescribing the proper uses thereof." (Zoning Application 79-1, filed by Realty Management, for the rezoning of the West 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 Graves seconded by Commissioner Usher 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 8694. The ordinance was introduced for first reading February 26, 1979. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Ordinance Number 8526, the same being Chapter 36 of the Salina Code, and the Zoning District Map therein and thereby adopted and providing for the rezoning of certain property within the city and prescribing the proper uses thereof." (Zoning Application 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 Duckers, 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). Carried. The Mayor approved the ordinance and it is numbered 8695. The ordinance was introduced for first reading February 26, 1979. 3134 AN ORDINANCE was introduced for second reading entitled: AN ORDINANCE providing for the amendment of Ordinance Number 8526, the same being Chapter 36 of the Salina Code, and the Zoning District Map therein and thereby adopted and providing for the rezoning of certain property within the city and prescribing the proper uses thereof." (Zoning Application 79-3, filed by the Salina City Planning Commission for the rezoning of a tract of land in the East 1/2 of Section 13, Township 14 South, Range 3 West (Also known as a portion of Kenwood Park) from R-1 to C-3.) 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 8696. The ordinance was introduced for first reading February 26, 1979. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Ordinance Number 8526, the same being Chapter 36 of the Salina Code, and the Zoning District Map therein and thereby adopted and providing for the rezoning of certain property within the city and prescribing the proper uses thereof." (Zoning Application 79-4, filed by Homestead Savings and Loan 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 Graves 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 8697. The ordinance was introduced for first reading February 26, 1979. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizi and ordering certain water main improvements, ordering preparation of plans and specifications and the estimate of costs." (Engineering Project 79-647 - Presbyterian Manor water main) A motion was made by Commissioner Usher, seconded by Commissioner Duckers 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 3412. A RESOLUTION was introduced and passed entitled: "A RESOLUTION granting the assurance to the U. S. Department of Housing and Urban Development that the City of Salina will comply with certain federal laws hereinafter set forth." A motion was made by Commissioner Geis, seconded by Commissioner Graves to adopt the resolution as read and the following vote was had: Geis, Graves, Usher, Duckers, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3413. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing the.preparation and filing with the Department of Housing and Urban Development of a Fifth Year Community Development Block Grant Program Application; designating the City Manager, or Acting City Manager, as the authorized representative of the City of Salina to act in connection with the application; and to provide such additional information as may be requested." 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, Usher, Duckers, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3414. A LETTER was received from the City Planning Commission recommending the annexation of a tract of land in Section 2, Township 14 South, Range 3 blest, (City owned property west of Thomas Park) A motion was made by Commissioner Graves, seconded by Commissioner Usher to accept the recommendation of the City Planning Commission and to introduce the annexation ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: �g A LETTER was received from the City Planning Commission recommending the approval of Zoning Application 79-6, as amended, to amend Sections 36-602(4) and 36-603(4) of Chapter 36 of the Salina Code. A motion was made by Commissioner Duckers, seconded by Commissioner Graves to accept the recommendation of the City Planning Commission and approve Zoning Application 79-6, as amended, and to introduce an ordinance for first reading to amend the two sections of the code. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: 1 1 1 )35 A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing and establishing charges for the operation of the Salina Municipal Golf Course; amending Resolution Number 3233 and repealing said existing resolution." Commissioner Duckers said he agrees with the staff recommendation to increase the golf course fees, except that senior citizens be exempt from the increase and asked that the City Commissioners consider amending the rezolution to reflect the senior citizen exemption. j The Commissioners and staff discussed the ramifications of exempting the senior citizens from the rate increase. Mr. Harrison reported that there has not be a golf course fee increase since September 1974. A motion was made by Commissioner Duckers, seconded by Commissioner Graves that the fee schedule be adopted as recommended, with the exception of green fees and annual membership fees for senior citizens, pending a report from staff in two weeks, with the thought in mind that they will be excluded permanent) and to adopt the Resolution as amended. Ayes: Geis, Graves, Usher, Duckers, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3415. THE COMMISSIONERS considered an amendment to Section 28-48, definition (b), of the Salina Code, concerning -the definition of a merchant policeman. Mr. Bengtson explained a question arose as to whether or not an individual or an off duty policeman working as a security guard is required to have a merchant police license. It could be interpreted that they do because they are performing a service for hire; however if that individual is on the payroll of that firm he should be excluded from this license because he is then the same as any another employee, even though his specific duty may be acting as security man within that place. Fie should not be required to have a merchant police license if he is a bona fide employee of that firm. Staff members and commissioners discussed the ramifications of the amendment to the merchant police ordinance. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to accept the staff recommendation and to introduce an ordinance for first reading to amend Section 28-48 of the Salina Code. Ayes: (5). 'lays: (0). Motion carried. PUBLIC AGENDA A REQUEST was received from Jack Beverly, Jr. to be present at the- City heCity Commission meeting to make a proposal regarding the annexation of property east of Ohio Street. (Golden Acres Subdivision - Annexation Application 78-5 - Tabled January 22, 1979 for 90 days). A motion was made by Commissioner Geis, seconded by Commissioner Duckers to remove annexation application 78-5 from the table for reconsideration. Ayes: (5). Nays: (0). Motion carried. Mr. Jack Beverly was present and said he does not want to be annexed at this time, but proposed that the City Attorney draft a contract to annex the property at the time the land is developed. Mr. Jack Beverly, Jr. said the County Planning and Zoning Commission said the land could be replatted into one lot, and rezoned agricultural. Mr. Bengtson said he would like to have an opportunity to look into the agreement concept. A motion was made by Commissioner Usher, seconded by Commissioner Geis to table consideration of the annexation of Golden Acres Subdivision for 60 days. Ayes: (5). Nays: (0). Motion carried. .136 PETITION NUMBER 3746 was filed by Norris D. Olson, (M K Development, Inc.) for the approval of the plat of Fox Run Addition. A motion was made by Commissioner Geis, seconded by Commissioner Graves to refer the petition to the City Planning Commission for a recommendation. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3747 was filed by Norris D. Olson, (M K Development, Inc.) for the approval of the plat of Wheatridge Addition. A motion was made by Commissioner Geis, seconded by Commissioner Graves to refer the petition to the City Planning Commission for a recommendation. Ayes: (5). Nays: (0). Motion carried. C0MMISSION AGENDA "CONSIDERATION OF JOGGING PATHS ON THE FLOOD CONTROL DIKES". (Sponsored by Commissioner Duckers). Commissioner Duckers said, "I had a chance to talk with Rusty Myers at the most recent Recreation Commission meeting, and I brought up my first year on the commission the waste, it seems to me, that the flood control dike is just to be used for that one purpose, to hold the water out, and it has done a pretty good job of that since it was built, but it has always seemed to me that ought to be utilized in the recreation area. I can understand why the Corps of Engineers is opposed to 4 wheel vehicles and horses and motorcycles, things of this nature that might tend to tear it up, but Rusty hit the nail on the head when he said 'I wish we could run that dike'. In fact he said he does run the dike and several of the joggers do, but he pointed out that there is something over 1,000 joggers in Salina on the streets and he thinks it is going to be many, many more than that once spring weather gets here and after the long winter and with the great interest in jogging. At the same time, I am hearing a lot of my friends, who drive to and from work, and so forth, about what a hazard the joggers are on the street; and Rusty said joggers don't like to break stride when they are jogging because that is part of what they are doing, and running the streets they frequently are tempted to run stop signs and stop lights and dodge in and out of traffic and it is just not a good situation and he said if it just weren't for the gates in the dike it would be a perfect place to run. In fact, he mentioned that it is almost exactly 26 miles around Salina, which would make a perfect marathon, starting out at the airbase and returning out there. I called John Estes about the gates and what could be done to make it so horses and 4 wheel vehicles and motorcycles could be kept off the dike, but that joggers could be use them and the gates would still be there to protect from the undesirable traffic. John said he thought we could do something about that, so I put this on the agenda and that is where we are. Rusty is here. John is here, and I would just like to get the two of them together and move this thing along and make a first class jogging track that all of the joggers in town would be, I suppose nobody in town would be over a mile or so from it from where they could get on it, and I think it would be something we could put ourselves on the map with, with very, very little expense and everyone would benefit." John Estes said the city doesn't object to it as long as it is approved by the Corps of Engineers. He said we can modify the gates if they approve of the dike being used as a jogging area. Rusty Myers said we will see a lot more joggers on the street this spring and if we could say the dikes are available, and encourage the runners to run the dikes versus the streets. We haven't had the big accident yet, but the more we get out there the more hazard there is. The Commissioners, staff and Mr. Myers discussed the feasibility of the jogging path and how the gates can be modified. Commissioner Geis asked Mr. Meyer about the feasibility of requiring joggers to wear reflective clothing. Mr. Myers said he would rather see the city do it on an encouraging type thing rather than a legal thing. He said it gets to be a common sense thing after you have been jogging a while. Commissioner Duckers asked the staff to check with the Corps of Engineer and see what the cost will be to modify the gates. 1 1 1 The following items were brought to the floor for discussion: Commissioner Graves said the City Commission received a letter from the Junior -Senior Prom committee seeking permission to use Delaneys, on South Broadway, for an after prom party. A motion was made by Commissioner Graves, seconded by Commissioner Geis to instruct the staff to write a letter of consent to Mr. Rick Johnson giving permission for the after prom party at Delaney's. Ayes: (5). Nays: (0). Motion carried. Commissioner Usher said he received letters from Solomon Oliver, Denver Star Lodge #34, and Larry Lawler, Commander of the Thompson Tyler Post #29, that the Neighborhood Center Advisory Board issued orders that any of the neighborhood centers may not be used by organizations for fund raising activities, that these two organizations have used Carver Center for many years and they are concerned about how the decision will hurt them. Mayor Weisgerber said the Neighborhood Center Board will reconsider the permitted activities, that they are aware of the problem. 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 6:26 P.M. G✓Yw��w D. L. Harrison, City Clerk