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04-30-1979 Minutes1 F �q1 City of Salina, Kansas Regular Meeting of the Board of Commissioners April 30, 1979 The Regular Meeting of the Board of Commissioners met in the City Commission Meeting Room, City -County Building, on Monday, April 30, 1979, at four o'clock p.m. The Mayor asked everyone to stand for the opening ceremony. There were present: Mayor Karen M. Graves, Chairman presiding Commissioner Roy W. Allen Commissioner Keith G. Duckers Commissioner Dan S. Geis Commissioner Merle A. Hodges 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 April 23, 1978 were approved as printed. THE MAYOR PROCLAIMED May 4, 1979 - "KANSAS TECHNICAL INSTITUTE AWARENESS DAY". The proclamation was read by Ronald Marchbanks, Student Council President. THE MAYOR PROCLAIMED, Saturday, May 5, 1979 - "BUDDY POPPY DAY". The proclamation was read by Mel Dick, V. F. W. Poppy Chairman. THE MAYOR PROCLAIMED the Week of May 6 through 13, 1979 - "NATIONAL MUSIC WEEK". The proclamation was read by Mrs. Pat Zimmerman, of the Staccato Notes Music Club. THE MAYOR PROCLAIMED the Month of May, 1979 - "DRUG ABUSE PREVENTION MONTH". The proclamation was read by Michael Cloutier, Chief of Social Services of Salina Area Social Rehabilitation Services. THE MAYOR PROCLAIMED the Month of May, 1979 - "POPPY MONTH", and May 12, 1979 - "POPPY DAY". The proclamation was read by Helen Sweeney, Chairwoma6 of Poppy Day. STAFF AGENDA THE COMMISSIONERS considered an ordinance authorizing the City of Salina, Kansas, to issue Industrial Revenue Bonds for Salina Nursing Center, Inc., Series of 1979. (Tabled April 23, 1979 for one week) A MOTION was made by Commissioner Hodges, seconded by Commissioner Allen to remove the ordinance from the table for consideration. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Hodges, seconded by Commissioner Allen to consider this ordinance as the last item on the agenda. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Duckers, seconded by Commissioner Hodges to set the date of May 14, 1979 to receive bids for $1,286,000 Internal Improvement Bond Series P-222, and instruct the City Clerk to advertise for bids. (Street and utility improvements in Engineering Projects 77-614, 77-619, 77-620, 77-625, 77-627, 78-634, 78-635, and 78-643) Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Duckers, seconded by Commissioner Hodges to set the date of May 14, 1979 to receive bids for $250,000 General Obligation Bond Series PK -223. (Park improvements) Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of the final plat of Dauer Tract. Approval of the final plat by the City Planning Commission was subject to the granting of an additional 10 feet of drainage easement along the north property line (20' total) and a corrected original and 2 copies filed with the Planning Department. Commissioner Hodges asked the City Planner if the drainage is adequate? Keith Rawlings replied that the Engineering Department feels that it is adequate to handle the drainage on this tract of land. A motion was made by Commissioner Duckers, seconded by Commissioner Geis to accept the recommendation of the City Planning Commission and approve the final plat of Dauer Tract, and authorize the Mayor to sign. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of Zoning Application 79-9, filed by the Salina City Planning Commission for the rezoning of all of Lots 1, 2, 3, 4, and 5 on Park Street, together with vacated alley accreting thereto, in Bishop's Addition to the City of Salina, Saline County, Kansas, except the following described tract: Beginning at a point 120 feet south and 124.17 feet west of the northeast corner of Lot 1, on Park Street, Bishop's Addition to the City of Salina, Kansas; thence north parallel to the west line of said Lot 5 a distance of 35.00 feet; thence east parallel to the south line of said Lot 5 a distance of 2.30 feet; thence north parallel to the west line of said Lot 5 a distance of 11.75 feet; thence East parallel to the south line of said Lot 5, a distance of 10.00 feet; thence north parallel to the west line of said Lot 5, a distance of 73.25 feet to the north line of said Lot 5; thence west along the north line of said Lot 5 to the northwes corner of said Lot 5; thence south along the west line of said Lot 5 a distance of 110.00 feet; thence south along the west line of said Lot 5 extended a distance of 10.00 feet; thence east parallel to the south line of said Lot 5 to the point of beginning, from C-5 to R-3 (Multiple -Family Residential District). A motion was made by Commissioner Geis, seconded by Commissioner Allen to accept the recommendation of the City Planning Commission and to approve Zoning Application 79-9, 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 79-10, filed by Patrick Wallerius for the rezoning of a tract of land in the South half (S 1/2) of the Southeast Quarter (SEI) of Section Twenty-six (26), Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian, beginning at a point 765.82 feet west of and 118.4 feet north of the southeast corner of said Southeast Quarter; thence north and parallel with the east line of said Southeast Quarter, 214 feet; thence west and parallel with the south line of said Southeast Quarter, 40 feet; thence north and parallel with said east line of Southeast Quarter, 823.8 feet; thence west and parallel with the north line of said North half of the Southeast Quarter, 489.45 feet to the east line of Hageman Avenue right-of-way; thence south along said east right-of-way line 1,005.57 feet to a point which is 141.25 feet north of the south line of said Southeast Quarter, said point being on the north line of the existing storm sewer right-of-way; thence easterly along said storm sewer north right-of-way line, 530.97 feet to the point of beginning, said tract containing 11.7 acres, from "A-1" to "C-5" (Service Commercial District), subject to platting. A motion was made by Commissioner Duckers, seconded by Commissioner Geis to accept the recommendation of the City Planning Commission and to approve Zoning Application 79-10, subject to platting, and to introduce the rezoning ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: PUBLIC AGENDA A LETTER was received from the YWCA to discuss the possibility of offering two pre-school child care programs at Friendship Center. Carmen Chirveno explained that she, Bill Harris, Keith Rawlings, Kitty Beverly, and Nathalie Nelson viewed the facility and determined it is not suitable for a day care facility. Marlene Moore said the YWCA is interested in providing two programs at a minimal cost: 1. A half-day pre-school for youngsters three to five years of age on Mondays, Wednesdays, and Fridays with the choice to families of a morning session or an afternoon session; and 2. Two "Mother's Day Out" programs on Tuesdays and Thursdays to which families may enroll pre-school children for an all -day child care program. "The low-cost nursery and pre-school services currently offered at the YWCA facility have always been endorsed by parents for excellence in programming and the loving concern shown each child. YWCA directed child care programs established at the Friendship Neighborhood Center would enable us to offer this same quality care and educational opportunity to children in an area of Salina which needs such a service and which we have not been able to serve adequately in the past. "We are prepared to furnish the service including staff and necessary equipment if we might have access to the nursery space in the Center. We should like to begin the operation this summer if arrangements with the City and respective departments can be made." The Commissioners and Mrs. Moore discussed the health regulations, capacity of the building, charges, and the necessity for trained staff. A MOTION was made by Commissioner Allen, seconded by Commissioner Geis to refer the request to staff for a recommendation and to work out the details and the legal requirements. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from Mrs. Leland Tinkler and Mrs. M. R. Metzgar, to be present at the Commission meeting to discuss rusty water on Merrill Street. Mrs. Tinkler was present and said she and Mrs. Metzgar represent the second 800 block and the 900 block of Merrill. She said they have had rusty water for about one year, and they have gone everywhere to try to get help for it and the City Commission is the last resort. She showed the Commissioners a jar of water from her tap. She showed the Commissioners some articles of white clothing washed in their water and compared them to new articles of white cloting. I Mayor Graves asked staff if any results can be attained? Mr. Harris appologized to the people of that neighborhood, "I am terribly sorry this thing has gone on for this length of time without more of an effort being put into it than has been. It is inexcusable and certain people in this organization have been made aware of that. Now it was brought to my attention; last fall by Mrs. Lightner, whom I have known for some time, and between the water department and the street department, I was under the impression this had been narrowed down to a problem with our street sweepers pulling water from the fire hydrant and riling the water and so that I was told ceased and I didn't hear any more about the problem. Now I am under the impression that we have solved the problem and this was, I believe, in the fall or possibly early winter and all this time has gone on and I haven't heard a thing about it. Last week the Mayor mentioned to me that Mrs. Tinkler had contacted her and told her this has been a persistent problem and that they had been in touch with the water department and nothing was being accomplished. So I get back into the act. Now I find out that the one thing that disturbed me very much was that even though we thought the street sweeper was the culprit before, the utility has not checked back with the street department to see if this was still the problem possibly from another hydrant. This is inexcusable, and again I am terribly sorry that this is the service you have been getting from the city and you have been paying the monthly water bill. Now since that time, that I became aware of this I talked with the utility and the street department and the engineering department and we think that one possibility is the fact that this line extends from Crawford Street to Republic without a cross connection, so as of this week, the City Engineer and Director of Utilities tells me his people will be out there and I am hoping they are out there today, they may be, but if not, they will be there this week to install a line on Franklin from Sheridan to Hancock, 2 blocks tieing in with the Merrill line. We can't guarantee that is going to solve the problem. We have our fingers crossed that it does, we will just have to wait and see. But I am here to assure you that if it doesn't we will still be on it and plan to resolve it I don't know what else we can do beyond that point but we will be working on it, and I am terribly embarrased as I hope that the rest of our staff is that this situation has gone on and has been handled so poorly, but they will be out this week making this installation and we will see what that does for the situation and hopefully that is the answer. It may not, be but there is one step beyond that that they plan to go, with or without this installation, and this is a chemical type of thing at the plant but we won't get into the details of that, but nevertheless I appologize to the public and the City Commission for the way this was handled. No commission action was required. COMMISSION AGENDA "CONSIDER the possibility of extending Marymount Road south to Magnolia, acquisition and funding." (Sponsored by Commissioner Geis.) Commissioner Geis - I received, as did I think all the rest of you this letter from the Chamber of Commerce, from Ed Boyce the president recommending that the city take into consideration that extension, and it seemed to me to be a very reasonable and timely suggestion and I thought maybe we ought look into it at this point because certainly Salina is growing and we are experiencing those growth pains with Crawford Street and Iron Street too and I was of the opinion that if we could extend Marymount and tie into Magnolia that it might take some of the pressure off of those other two growth errors. I invited Ed to attend the session today and I see he is out there, and I would like to hear what they have to say in addition to what came in the letter. Ed Boyce - Mayor Graves, and Dan, thank you for putting this on the agenda. We did have a study but this was done by our parking and planning council and Lee Haworth was the chairman, or is the chairman of this and brought it to our attention on the 18th of April at our meeting and I am sure he probably has some statistics to give you as far as traffic count and so forth if you care to hear that, as far as we are concerned, we did recommend it unanimously in our meeting and the reason was similar to what you mentioned, the flow of traffic, so if there are any other questions we would be glad to answer them on traffic and so forth. Lee Haworth - As far as statistics, I don't have any. Yes, the planning committee of the Chamber of Commerce, which I represent, looking at the city I have seen all the problems that we have had with ingress and egress into the city, around the city and through the city. In the past, we have felt that observation into the future would be merited, and one of the problems that we could see that probably could be remedied still, other problems become a major problem, was the extension of the Elks Country Club Road on south to the Magnolia Road and our actual recommendation was that prior to any further development in this area that the city and the county commissioners make provisions for the Elk's Country Club Road to be extended south at this time so that furure developmer !would not handicap it to where it would be impossible. There is development on 1 1 1 the south side of Elks at the present time, mostly metes and bounds situation and as it would continue it could prohibit this type of thing completely. So this was one of several items we had addressed and we would want it thought of from the city and county commissioners together and make plans in the future so that the access could be there, as to how soon, that would be up to you. The Commissioners, Chamber of Commerce members and staff discussed the the desirability of the extension, and its priority, and whether the city has any control at the present time. Mr. Haworth said the County Engineer is in full agreement with the Chamber of Commerce proposal, that the right-of-way be described through there so no building takes place in the right-of-way if at all possible. A motion was made by Commissioner Duckers, seconded by Commissioner Geis to urge the staff to stay on top of the Magnolia and Marymount Road situation and keep the commission appraised. Ayes: (5). Nays: (0). Motion carried. "THE FEASIBILITY of making traffic within Sunset Park one-way". (Sponsored by Commissioner Hodges) Commissioner Hodges - It has become increasingly aware to me from the people who live in that area about the utilization of Sunset Park, particularly I at night, and perhaps there is a problem as far as safety is concerned with the j cars in the park, and I would like to have the city staff make a survey of that area and see how much utilization is being carried on there and also the possibiliiy of whether it would help to have a one-way street inside Sunset Park. It would not restrict any access to the park it would just, I think, perhaps make the whole area safer for the people who use the park. Commissioner Geis said he agrees with the concept of a one-way street through there, because with cars parked on both sides, and with kids running around it makes it difficult to drive. Commissioner Duckers asked if use of the park has increased. Mr. Harris said Sunset Park is one of the two most used parks, but he doesn't have any figures on whether use is actually increasing. He said the Engineers can, if they have not already, make traffic counts out there and come back with a recommendation with the pros and cons of the one-way aspect. A MOTION was made by Commissioner Hodges, seconded by Commissioner Allen to refer the matter to the City Engineer for study and a report back what he finds, and recommendations. Ayes: (5). Nays: (0). Motion carried. "REPORT on meeting with USD 305 representatives concerning parking adjacent to Roosevelt -Lincoln School" (Sponsored by Commissioner Allen). Commissioner Allen - Last Thursday Commissioner Hodges and myself met with Dr. Olson and Mrs. Anderson and staff from both schools in the city, and looked over the area and discussed the problem that was developing over there. It seemed, as we listened, that the problem was that if you had parking meters installed that there would not be free parking close to the school, but it does appear to me that there is ample parking if you want to walk a block, block and a half, or two blocks. Also it was brought out we are not permitted to designate any given area for anyone whether, it is Commissioners or school board members or whoever it might be, so the parking on Seventh and Eighth would be used by whoever gets there first. It could be school teachers or it could be people who work in town. Also, as they rearrange these parking meters which the city staff has studied it is going to cause more people to move out of the core area so they are going to be looking for parking places on Seventh and on Eighth and so it may be city people or other workers downtown or school teachers who park in this area. One suggestion that was brought up was that we might consider not putting the parking meters on the east side of Eighth Street, but according to George Wood, in the city study on this whole parking problem and the cost of the operating and the attempt to make it self supporting, they have decided on so many meters, so many places, and certain hour meters at different places. Seventh and Eighth Street and Mulberry Street are part of this total and if you remove some of this total then they won't have the income that has been projected and if you don't have the income that has been projected then they will have to increase the parking fee, and no one likes to do that, and it was my opinion that we should proceed with the present plan of installing the parking meters. Merle can speak for himself. Commissioner Hodges - I think you said it very well, I have nothing really to add to that at all, other than Roy and I are in agreement. Commissioner Duckers - Probably from a technical standpoint the two of you are correct. There is a fact that I would like to bring to the Commission attention, and that is the partnership that we have been trying to develop between the various levels of government, the USD 305 Board and the County Commissioners, and we have created a Tri -Government Council and, as a matter of fact, sometimes we have been criticized for not cooperating as well as we should. We had a real problem in the Bicentennial parking area because of the lack of space to get the required number we had to have with the number of seats we wanted to put in the building. I remember I met with Jo Palmer, we were together on the Tri -Government Council, and she listened to our appeal and went to bat for us to the Board of Education, and at some sacrifice on their part did make space available. Now I say once again, from a technical standpoint it not a function of municipal government to provide parking for school employees, but they seem to think, in their wisdom, that this is an important issue, so I have got to hear what they are saying because of my past experience with them. Mayor Graves asked if he had an alternate plan to suggest? Commissioner Duckers - I don't have an alternate plan, no. They are wanting a status quo, and obviously our traffic experts have studied this and feel the status quo can be improved upon; but the Board and the teachers that teach in that building .. Commissioner Allen - .. I don't necessarily think they are asking for status quo, I think, at least I got the impression, that a compromise of no meters on Eighth Street might be acceptable. Mrs. Jocelyn Palmer thanked the Commissioners for talking with the school board members. She said her only concern at this point is that they do need to have loading and unloading areas next to the curb so the shool busses coming in from the country can park on the west wide of Eighth Street, and a place for three school busses bringing trainable, mentally retarded students to the east side of Lincoln, and for the busses that come during the day for the enrichment program. Mrs. Anderson said it is going to be a real problem for teachers because other people working downtown are going to be parking farther down on 7th and 8th Streets. Commissioner Geis asked if the school board has plans to provide parkin( for the teachers. He said they have a parking problem whether there are meters around the block or not. Mrs. Palmer said there are no plans at this time. Mr. Burkholder, a taxpayer, said everyone has a parking problem, and he does not see how the Commission can give in to one group and not another. He said he has to hassel for a parking place to pay the telephone bill, or the bank or any place, and everybody should be in the same boat, and if you are going to give somebody a concession then you are going to have a stream coming in this door every week. You have just opened a big can of worms. 1 1 (f-4 Mr. Harris said by changing the proposal, we were not at all optimistic that it is going to generate sufficient revenue and one of the main concerns with the people downtown is the increase of rates. As we originally proposed, and in last year's budget we proposed a rate increase from 5� an hour to 10�, and that is the thing the Chamber and the business people downtown are trying to avoid most of all. If you take away any of these meters you are going to be cutting into the revenue. The bus thing, if they don't have designated spots today, for parking the busses and unloading, that should be taken care of, and if there is not sufficient space for them now to unload, we will see it is taken care of. Commissioner Geis commented that the can of worms was opened when the Commission yielded to the downtown merchants when we originally recommended that the rates be increased on those meters and they came down here and said no we shouldn't do that because it would drive away the business from the core area. I think that is the point at which the deviation from the plan was made and I see what we are doing here today is very, very minor in comparison to that initial step back there when we had pointed out and staff had said this that we are losing money on that and we need to increase the rates here, and we heard from the downtown merchants association and the Chamber of Commerce that doing so would drive business from the core area, so the can of worms is open and some of the worms are out. Commissioners and staff discussed why no meters were proposed for the west side of Eighth Street. A MOTION was made by Commissioner Geis, seconded by Commissioner Duckers, that the meters be installed on that portion of 7th Street and Walnut and Mulberry, but not installed on the East side of Eighth Street, as originally recommended. Ayes: Duckers, Geis, (2). Nays: Allen, [lodges (2). Mayor Graves voted Aye. Motion carried. A RESOLUTION was introduced and passed entitled: "A RESOLUTION designatipg and establishing parking meter zones within the City of Salina, Kansas, and the respective time limits therein; repealing all existing resolutions in conflict with the provisions of this resolution; and repealing Resolution Number 3417." A motion was made by Commissioner Geis, seconded by Commissioner Duckers to adopt the Resolution as read and the following vote was had: Ayes: Duckers, Geis, Graves (3). Nays: Allen, Hodges (2). Carried. The Mayor approved the Resolution and it is numbered 3422. THE COMMISSIONERS considered Staff Item 1 for the issuance of $1,400,000 Industrial Revenue Bonds for Salina Nursing Center, Inc. A MOTION was made by Commissioner Hodges, seconded by Commissioner Duckers to recess into executive session for 18 minutes to discuss the bond issue with the representatives of the Salina Nursing Home. Ayes: (5). Nays: (0). Motion carried. The Commissioners recessed at 5:16 P.M. and reconvened at 5:35 P.M. i AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE authorizing the City of Salina, Kansas, to acquire the real property hereinafter described and to acquire, purchase, construct and equip a 100 -bed nursing home facility located and to be located thereon to be leased to Salina Nursing Center, Inc., for commercial purposes; authorizing and directing the issuance of $1,400,00 principal amount of Industrial Revenue Bonds, Salina Nursing Center, Inc., Series of 1979, of said City for the purpose of providing funds to apy the cost of acquiring, purchasing, constructing and equipping said nursing home facility to be leased to Salina Nursing Center, Inc.; prescribing the form and authorizing j the execution of a lease by and between said city and Salina Nursing Center, Inc., and by Joe W. Carmichael, Josaille Carmichael, Leonard E. Stolz, Elizabeth C. Stolz, Clifford K. Ledoux, Ella L. Ledoux, 14illiam S. Bradley and Betty K. Bradley, as guarantors." A motion was made by Commissioner Duckers, seconded by Commissioner Allen to adopt the ordinance as read and the following vote was had: Ayes: Duckers, Allen, Graves (3). Nays: Geis, Hodges (2). Carried. The Mayor approved the ordinance and it is numbered 8709. The ordinance was introduced for first reading April 23, 1979. A MOTION was made by Commissioner Geis, seconded by Commissioner Allen to add appointments to boards and commissions to the agenda for consideration. Ayes: (5). Nays: (0). Motion carried. THE MAYOR, with the approval of the Board of Commissioners, made the following appointments: Chamber of Commerce Representative Karen M. Graves Housing Authority of the City of Salina Dan S. Geis Joint -Cid -County Board of Health Dan S. Geis Karen M. Graves Merle A. Hodges Library Board Karen M. Graves North Central Regional Planning Commission Mayor via Commissioner Dan S. Geis Recreation Commission Keith G. Duckers Merle A. Hodges Salina Arts Commission Roy W. Allen Salina -Saline County Emergency Preparedness Board Merle A. Hodges, to January 20, 1980 Saline County Activities Center for Older Citizens Keith G. Duckers Saline County -City -Building Authority Karen M. Graves Keith G. Duckers Tri -Governmental Advisory Council Roy W. Allen United Fund Representative Roy W. Allen Electrical Code Panel Bob Johnson, appointed to succeed Larry Gagnon for a 5 year term to April 6, 1984 Library Board Mildred Robb, appointed to succeed Helen Crawford, for a 4 year term to April 30, 1983 1 1 Salina Adult Baseball Board Bill Burke, reappointed for a 3 year term to April 3, 1982 Dean Groves, reappointed for a 3 year term to April 3, 1982 Salina Park Advisory Board Ralph Ricklefs, Sr., appointed to succeed John Wachholz, for a 3 year term to March 16, 1982 The following items were brought to the floor for discussion: Commissioner Geis asked if something can be done about the slippery concrete around the municipal swimming pool. Mr. Harris said he will check into it. Mayor Graves announced that the new city manager will be here next Monday, May 7th. That he will have a department head meeting at 9:00 A.M. and then a press conference at 10:15 A.M. A MOTION was made by Commissioner Allen, 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 5:50 P.M. D. L. Harrison, City Clerk Salina Airport Authority N. B. Butcher, reappointed for a 3 year term to April 26, 1982 Joe Cloud, reappointed for a 3 year term to April 26, 1982 AOO