03-12-1979 MinutesE
'138,
City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
March 12, 1979
The Regular Meeting of the Board of Commissioners met in the City
Commission meeting room, City -County Building, on Monday, March 12, 1979, at
four o'clock p.m.
The Acting Mayor asked everyone to stand for the opening ceremony.
There were present:
Acting Mayor Karen M. Graves, Chairman presiding
Commissioner Dan S. Geis
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:
Mayor Jack Weisgerber
Commissioner Keith G. Duckers
The Minutes of the Regular Meeting of March 5, 1979 were approved as
printed.
STAFF AGENDA
BIDS WERE RECEIVED for street and utility improvements in Engineering
Project 79-646. (Marydale, Woodland, Schippel, Dow, Twin Oaks, and Grain Belt
Additions):
PART I
Water and Sanitary Sewer Improvements
Earth Excavation, Inc. $79,927.50
Commence May 1, 1979 and require 90 calendar days
Stevens Contractors, Inc. 81,429.00
Did not specify a starting or completion date
Smoky Hill, Inc. 86,902.50
Commence May 1, 1979 and require 240 calendar days
Engineer's Estimate 38,015.00
PART II
Storm Sewer and Pavement Improvements
(Asphaltic Pavement Alternate)
Smoky Hill, Inc. $1'36,392.50
Commence June 1, 1979 and require 210 calendar days
Engineer's Estimate
LE59 , 030.00
PART II
Storm Sewer and Pavement Improvements
(Concrete Pavement Alternate)
J. S. Frank Construction Company, Inc. $1'91,557.00
Commence May 7, 1979 and require 250 calendar days
Engineer's Estimate 459,030.00
1
LJ
1
1
1
A motion was made by Commissioner Geis, seconded by Commissioner Usher
to award the contract for Part I, !Dater and Sanitary Sewer Improvements, to
Earth Excavation, Inc., as the low bidder in the amount of $79,927.50, subject
to the bid meeting the engineer's specifications. Ayes: (3). "lays: (0).
Motion carried.
A motion was made by Commissioner Usher, seconded by Commissioner Geis
to award the contract for Part II, Storm Sewer and Asphaltic Pavement Improvements
to Smoky Hill, Inc., as the low bidder in the amount of S436,392.50, subject to
the bid meeting the engineer's specifications. Ayes: (3). Nays: (0). Motion
carried.
CONTINUATION of the public hearing on the proposed assessments for
street and utility improvements in Engineering Project 78-635 - Park West Addition
(Tabled February 26, 1979 for 2 weeks)
A motion was made by Commissioner Geis, seconded by Commissioner Usher
to remove the matter from the table and continue the public hearing. Ayes: (3).
Nays: (0). Motion carried.
Mr. Boyer reported the computations were correct but he did check with
the City Attorney and it was determined the city could pay a larger share of the
12" water line and reduce the property owners share, and those revised figures
have been submitted.
Mr. Freeman, Mr. Baird, and Mr. Welborn were present concerning the
assessments.
A motion was made by Commissioner Usher, seconded by Commissioner Geis
to accept the City Engineer's report and approve the special assessments as
amended, and to introduce the special assessment ordinance for first reading.
Ayes: (3). Nays: (0). Motion carried.
Ordinance Passed:
Number:
CONTINUATION of the public hearing on the proposed assessments for
water main improvements in Engineering Project 78-643 - Eastridge Addition.
(Tabled February 26, 1979 for 2 weeks)
A motion was made by Commissioner Geis, seconded by Commissioner Usher
to remove the matter from the table and continue the public hearing. Ayes:
(3)• Nays: (0). Motion carried.
Mr. Boyer reported the assessments are correct as they were submitted.
Mr. Harrison said he talked with Pete Peteson during the week and
explained the petition and assesments to him, and that he understood.
A motion was made by Commissioner Geis, seconded by Commissioner Usher
to accept the City Engineer's report and approve the special assessments as
submitted, and to introduce the special assessment ordinance for first reading.
Ayes: (3). Nays: (0). Motion carried.
Ordinance Passed:
Number:
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
annexing certain land to the City of Salina, Kansas, in conformity with the
provisions of K.S.A. 12-519 to 12-526, inclusive." (Tract #1, on South Ohio
Street, Annexation Application 78-4). A motion was made by Commissioner Usher,
seconded by Commissioner Geis to adopt the ordinance as read and the following
vote was had: Ayes: Geis, Usher, Graves (3). Plays: (0). Commissioner Ouckers j
and Mayor Weisgerber absent. Carried. Acting Mayor approved the ordinance and
it is numbered 8698. The ordinance was introduced for first reading March 5, 1979.
I
I
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
annexing certain land to the City of Salina, Kansas, in conformity with the
provisions of K.S.A. 12-519 to 12-526, inclusive." (Tract #2, on South Ohio
Street, Annexation Application 78-6). A motion was made by Commissioner Geis,
seconded by Commissioner Usher to adopt the ordinance`as read and the following
vote was had: Ayes: Geis, Usher, Graves (3). Nays: (0). Commissioner Duckers
and Mayor Weisgerber absent. Acting Mayor approved the ordinance and it is
numbered 8699• The ordinance was introduced for first reading March 5, 1979•
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
annexing certain land to the City of Salina, Kansas, in conformity with the
provisions of K.S.A. 12-519 to 12-526, inclusive." (Tract #3, on South Ohio
Street, Annexation Application 78-7). A motion was made by Commissioner Usher,
seconded by Commissioner Geis to adopt the ordinance as read and the following
vote was had: Ayes: Geis, Usher, Graves (3)• Nays: (0). Commissioner Duckers
and Mayor Weisgerber absent. Acting Mayor approved the ordinance and it is
numbered 8700. The ordinance was introduced for first reading March 5, 1979•
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
annexing certain land to the City of Salina, Kansas, in conformity with the
provisions of K.S.A. 12-519 to 12-526, inclusive." (Tract 0, on South Ohio
Street, Annexation Application 78-8). A motion was made by Commissioner Geis,
seconded by Commissioner Usher to adopt the ordinance as read and the following
vote was had: Ayes: Geis, Usher, Graves (3). Nays: (0). Commissioner Duckers
and Mayor Weisgerber absent. Acting Mayor approved the ordinance and it is
numbered 3701. The ordinance was introduced for first reading March 5, 1979•
AN ORDINANCE was introduced for second reading entitled: "ACJ ORDINANCE
annexing certain land to the City of Salina, Kansas, in conformity with the
provisions of K.S.A. 12-519 to 12-526, inclusive. (City owned Tract west of
Thomas Park). A motion was made by Commissioner Usher, seconded by Commissioner
Geis to adopt the ordinance as read and the following vote was had: Ayes: Geis,
Usher, Graves (3). Nays: (0). Commissioner Duckers and Mayor Weisgerber absent.
Acting Mayor approved the ordinance and it is numbered 3702. The ordinance was
introduced for first reading March 5, 1979•
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
providing for the amendment of Sections 36-602(4) and 36-603(4) of Zoning Ordinanc
8526, the same being Chapter 36 of the Salina Code, and repealing the existing
sections." (Zoning Application 79-6, filed by the City Planning Commission) A
motion was made by Commissioner Geis, seconded by Commissioner Usher to adopt
the ordinance as read and the following vote was had: Ayes: Geis, Usher, Graves
(3). Nays: (0). Commissioner Duckers and Mayor Weisgerber absent. Carried.
The Acting Mayor approved the Ordinance and it is numbered 8703. The ordinance
was introduced for first reading March 5, 1979•
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
defining merchant police service; amending Section 23-48 of the Salina Code and
repealing the existing section." A motion was made by Commissioner Usher,
seconded by Commissioner Geis to adopt the ordinance as read and the following
vote was had: Ayes: Geis, Usher, Graves (3). Nays: (0). Commissioner Duckers
and Mayor Weisgerber absent. Carried. The Acting Mayor approved the ordinance
and it is numbered 8704. The ordinance was introduced for first reading
March 5, 1979•
THE CITY ENGINEER filed plans and specifications for Engineering
Project 79-647 - Presbyterian Manor !later Main Improvements. .4 motion was made
by Commissioner Usher, seconded by Commissioner Geis to accept the plans and
specifications as filed by the City Engineer. Ayes: (3). "Jays: (0). Motion
carried.
A MOTION was made by Commissioner Usher, seconded by Commissioner Geis
to set the date of March 26, 1979 to receive bids for Engineering Project 79-
647 - Presbyterian Manor Water Main Improvements, and to instruct the City Clerk
to advertise for bids. Ayes: (3). Nays: (0). Motion carried.
1
D
1
6-1
►)4
THE CITY ENGINEER reported on Petition "lumber 3745, filed by Christian
Humanics Foundation, Inc. (!Jindsor Estates Nursing Home) for the vacation of
public right-of-way in Block 2, Van Trine Addition to the City of Salina, "The
signers of Petition Number 3745 have requested that said petition be voided.
Our office has arrived at an alternate solution applicable to the petitioners,
involving no vacation of public right-of-way."
Mr. Boyer explained they wanted to pave over it and use it as a driveway
and a solution has been worked out.
A motion was made by Commissioner Geis, seconded by Commissioner Usher
to accept the City Engineer's report and allow the petitioners to withdraw their
petition. Ayes: (3). PJays: (0). Motion carried.
THE CITY ENGINEER reported on a request by Darrell Francisco to connect
to a water line on North Fifth Street, between 1-70 and Stimmel Road, "Present
policy for obtaining water service from city to property which lies outside city
limits is by contract with the water utility. Using this method an equitable
fee in lieu of assessment is determined and all normal hookup fees are determined.
The sum of all these charges must be paid before the tap is made. Then all
other costs incurred in the installation of service line such as trenching,
laying of pipe, meter installation, street repair, etc. shall be paid by the
customer. Standard contract further states that the customer shall not protest
annexation when desired by the city.
"It would be my recommendation, if these people desire service by
contract, that the fee in lieu of assessment be one-half the cost of a six inch
water main and all other charges according to ordinance.
"An alternate and more desirable method would be for the people on the
west side of North (Fifth) Street Road to petition for annexation.
"I will have a map prepared for the public meeting discussion on
Monday, March 12."
Mr. Boyer, Mr. Francisco, and Mr. Harris approached the bench to
discuss the water service.
A motion was made by Commissioner Geis, seconded by Commissioner Usher
to accept the City Engineer's report and instruct Mr. Francisco to contact the
City Planning Commission about annexation. Ayes: (3). "!ays: (0). Motion
carried.
PUBLIC AGENDA
PETITION NUMBER 3749 was filed by Bobby R. Koch, 1201 State Street,
for the erection of a four-way stop light at the intersection of (Jest State
Street and Broadway.
Mr. Boyer reported the installation of this stop light is already
under way. The base work for the pedistals and underground wiring was let in
the Engineering Project awarded earlier in the meeting, and the above ground
pedistals and controls will be ordered next week.
A motion was made by Commissioner Usher, seconded by Commissioner Geis
to refer the petition to the Traffic Department. Ayes: (3). Nays: (0). Motion
carried.
CEREAL MALT BEVERAGE license applications were filed by:
Ilasting Pizza Company, d/b/a Barnie's Pizza, 641 South Broadway
Mary Lynne Marble, d/b/a 19th Hole, East Crawford.
The City Clerk reported the applicants have paid the required fee and
the applications have been approved by the Health Department, Zoning Officer and
the Police Department. A motion was made by Commissioner Geis, seconded by
Commissioner Usher to approve the license applications and authorize the City
Clerk to issue the licenses. Ayes: (3). Nays: (0). Motion carried.
34'?
A TREE TRIMMING AND TREATING license application was filed by Fred
Handlin and Paul Handlin, d/b/a Handlin and Son Tree Service, 831 North Santa Fe
Avenue. The City Clerk reported the applicant has paid the required fee and has
the proper surety bond and public liability insurance on file, and the applicatio
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: (3). Nays: (0). Motion
carried.
A REQUEST was received by John Divine, Chairman of the Neighborhood
Centers Advisory Board, and Carmen Chirveno, Director of the Department of Human
Resources to be present at the Commission meeting to discuss a name change for
the Centennial Neighborhood Center.
Mr. Divine explained that there is some confusion between the Centennia
Center and the Bicentennial Center, and asked permission for his board to appoint
a committee to conduct a contest to rename the center before the grand opening.
A motion was made by Commissioner Usher, seconded by Commissioner Geis
to authorize the Neighborhood Center Board to recommend a name change for the
Centennial Neighborhood Center to the City Commissioners for its final action.
Ayes: (3). Nays: (0). Motion carried.
The City Commissioners asked Mr. Divine to have his board reconsider
its decision not to allow groups to conduct fund raising activities in the new
neighborhood centers. They said they feel non-profit organizations should be
able to use the new facilities as they used the old facilities.
COMMISSION AGENDA
REPORT from the Mayor's committee, by Gary Ray, on the contest to name
the arena and exhibition halls of the Bicentennial Center.
Mr. Ray was present on behalf of Dr. Daniel Bratton, Chairman of the
name the center committee. The committee members are Ramona Hernandez, Owen
Hodgson, Roy Allen, Marion IClema, Ann Schute.
He said, ''The Salina Journal sponsored a contest to test the genius of
the Salina community or the creativity. We didn't get as good a response as we
had hoped for, we had 250 for each one, and I preface the names I am about to
submit to you with that. The Commitee enthusiastically recommends Heritage Hall
for the exhibition center and we recommend with not quite as much enthusiasm
Smoky Hill Arena for the arena. We feel we have completed our job. These were
the best of what we had presented to us and it is back in your lap now to decide
what you would like to do with those.''
Acting Mayor Graves thanked Mr. Ray.
A motion was made by Commissioner Usher, seconded by Commissioner Geis
to accept the committee report for further study. Ayes: (3)• Nays: (0).
Motion carried.
The following items were brought to the floor for discussion:
Acting Mayor Graves said the City Commission will reconsider the
industrial revenue bond resolution next week.
A MOTION was made by Commissioner Geis, seconded by Commissioner Usher
that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (3)•
Nays: (0). Motion carried. The meeting adjourned at 4:59 P.M.
D. L. Harrison, City Clerk