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.
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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,
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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.
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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)
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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.
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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.
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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:
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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:
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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.
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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.
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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.
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D. L. Harrison, City Clerk