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08-16-1976 Minutes5( City of Salina, Kansas Regular Meeting of the Board of Commissioners August 16, 1976 The Regular Meeting of the Board of Commissioners met in the Commissio Room, City -County Building, on Monday, August 16, 1976, at four o'clock p.m. The Mayor asked everyone to stand for the pledge of allegiance to the Flag and a moment of silent prayer. There were present: Mayor Gerald F. Simpson, Chairman presiding Commissioner Keith G. Duckers Commissioner W. M. Usher Commissioner Jack Weisgerber comprising a quorum of the Board, also: L. O. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: Commissioner Robert C. Caldwell The Minutes of the Regular Meeting of August 2, 1976, were approved as printed. THE MAYOR PROCLAIMED the months of September and October, 1976 - "UNITED WAY MONTHS". The proclamation was read by Flavel Simcox, Campaign Chairman. STAFF AGENDA A MOTION was made by Commissioner Usher, seconded by Commissioner Duckers to remove from the table for consideration an ordinance providing for the amendment of Zoning Ordinance Number 6613 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. (Rezoning of Lots 1 through 10, Block 8, Georgetown Addition, from District "C" (Apartment House District) to P.D.D. (Planned Development District) as requested in Petition Number 3565 which was filed by A. B. Seelye Company) (The matter was tabled July 12, 1976 for 30 days) Mr. Robert Constable, said the Meadowlark Ridge Concerned Citizens Association, met with Mr. Etherington a week ago, and because so many interested people are on vacation, and they are soliciting areas in which they might talk about compromise, the group asks the City Commission for an additional 30 day delay on the matter. Mr. Etherington was present and asked the City Commissioners to vote on the issue today. He said he and his architect and attorney did meet with the people of the area, and said he can't see that another meeting can accomplish anything. He asked the Commissioners to vote on the matter today, and either approve it, disapprove it, or approve it with recommendations. Mr. Constable again asked the City Commissioners to delay the matter for another 30 days. Mr. Phil Herzig, Attorney, representing Mr. Etherington explained a substantial amount of time has elapsed since Mr. Etherington first filed his application and he is entitled to have it voted on by the Commission without further delay. 1 1 1 1 59 Mr. Bengtson explained that the law does state that the Commissioners shall, within 21 days after receipt of this report on Planned Development District, from the City Planning Commission, make a decision thereon. He said the 30 day delay was a reasonable delay under the circumstances; however the request for a continuance without the petitioners' acquiescence might be deemed an unreasonable delay in the event the matter was ever questioned, and said that action should be taken today unless the petitioner would acquiesce in another extention of time. Commissioner Duckers moved to place the ordinance on second reading with certain recommendations and conditions of approval: that the Planning Commission be directed to carefully scrutinize the final plans and insist that Mr. Etherington substantially comply with the architectural renderings that have been presented and shown to us and were submitted with the preliminary plans, that they have the wood beams, be of brick construction, have brick sidewalks, have attractive lighting, that the shrubs and plantings follow to within 5% of what has been proposed, that there be green spaces around it, be nicely landscaped and an asset to the area. Commissioner Usher seconded the motion to place the ordinance on second reading, with those certain restrictions in it, and the following vote was had: Ayes: Duckers, Usher, Weisgerber, Simpson (4). Nays: (0). Commissio Caldwell absent. The Mayor approved the ordinance and it is numbered 8505. The ordinance was introduced for first reading June 21, 1976. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE levying special assessments against certain lots and pieces of property to pay the cost of cutting weeds on certain lots and parts of lots and the parkways abutting thereon in the City of Salina, Kansas." A motion was made by CommissionEr Usher, seconded by Commissioner Duckers to adopt the ordinance as read and the following vote was had: Ayes: Duckers, Usher, Weisgerber, Simpson (4). Nays: (0). Commissioner Caldwell absent. The Mayor approved the ordinance and it is numbered 8506. The ordinance was introduced for first reading August 2, 1976. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances." A motion was made by Commissioner Duckers, seconded by Commissioner Usher to adopt the ordinance as read and the following vote was had: Ayes: Duckers, Usher, Weisgerber, Simpson (4). Nays: (0). Commissioner Caldwell absent. The Mayor approved the ordinance and it is numbered 8507. The ordinance was introduced for first reading August 2, 1976. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE approving, adopting and appropriating by fund the budget of the City for the year beginning January 1, 1977." A motion was made by Commissioner Duckers, seconded by Commissioner Weisgerber to adopt the ordinance as read and the following vote was had: Ayes: Duckers, Usher, Weisgerber, Simpson (4). Nays: (0). Commissioner Caldwell absent. The Mayor approved the ordinance and it is numbered 8508. The ordinance was introduced for first reading August 2, 1976. A RESOLUTION was introduced and passed entitled: "A RESOLUTION author the temporary investment of approximately $900,000.00 of idle funds of the City of Salina, Kansas." A motion was made by Commissioner Weisgerber, seconded by Commissioner Duckers to adopt the resolution as read and the following vote was had: Ayes: Duckers, Usher, Weisgerber, Simpson (4). Nays: (0). Commissioner Caldwell absent. The Mayor approved the resolution and it is numbered 3284. A RESOLUTION was introduced and passed entitled: "A RESOLUTION determining the advisability of curbing, guttering, paving, grading, water system, and sanitary sewer improvements, estimating the cost thereof, defining the boundaries of the improvement district, method of assessment, and apportioni the cost between the improvement district and the city -at -large." (Engineering Project 76-608 - improvements in Country Club Estates Number 2) A motion was made by Commissioner Usher, seconded by Commissioner Duckers to adopt the resolution as read and the following vote was had: Ayes: Duckers, Usher, Weisgerber, Simpson (4). Nays: (0). Commissioner Caldwell absent. The Mayor approved the resolution and it is numbered 3285. �n A RESOLUTION was introduced and passed entitled: "A RESOLUTION determining the advisability of curbing, guttering, paving, grading, water system, and sanitary sewer improvements, estimating the cost thereof, defining the boundaries of the improvement district, method of assessment, and apportioni the cost between the improvement district and the city -at -large." A motion was made by Commissioner Duckers, seconded by Commissioner Weisgerber to adopt the resolution as read and the following vote was had: Ayes: Duckers, Usher, Weisgerber, Simpson (4). Nays: (0). Commissioner Caldwell absent. The Mayor approved the resolution and it is numbered 3286. THE CITY ENGINEER filed a feasibility report for sanitary sewer improvements on Stimmel Road, as requested in Petition Number 3569, which was filed by Guy Trow. A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to accept the feasibility report as filed by the City Engineer Ayes: (4). Nays: (0). Motion carried. THE CITY CLERK reported the assessment rolls are ready for the followin improvements, to -wit: (Engineering Project 76-599) The installation of water main and services on Woodland Avenue from Ohio Street to the east line of Lot 5, Block 1, Cloverdale Addition to the City of Salina, Saline County, Kansas. The installation of water main and services on Prospect Avenue from the east line of Lot 18, Block 1, Cloverdale Addition to the east line of Lot 4, Block 1, Cloverdale Addition to the City of Salina, Saline County, Kansas as authorized by Resolution Number 3254, passed by the Board of Commissioner on the 15th day of December, 1975. The assessments have been determined and the final costs have been filed by the City Engineer. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to instruct the City Clerk to publish notice in the official city newspaper at least once not less than ten days prior to the date of August 30, 1976, the date set for the hearing on said assessments, and that at the same time notice is published to mail to the owners of property made liable to pay the assessment, at their last known post office address, a notice of the hearing and a statement of the cost proposed to be assessed against the land so owned and assessed. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission informing the City Commission it had reconsidered Petition Number 3568, which was filed by Max McClintock for the rezoning of Lots 8 and 9, Block 5; Lots 8, 9, 10, Block 6; Lots 8, 9, 10, Block 7; and Lots 8, 9, 10, Block 8, all in Wallerius Addition, from District "A" (Second Dwelling House District) to District "B" (Two -Family Dwelling House District), and again recommends the petition be denied. A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to accept the recommendation of the City Planning Commission and deny the petition. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of Petition Number 3572, which was filed by the Salina Airport Authority for the rezoning of the East 580.5 feet of Block 6, Schilling Subdivisi from District "C" (Apartment House District) to District "F" (Light Industrial District). A motion was made by Commissioner Usher, seconded by Commissioner Duckers to accept the recommendation of the City Planning Commission and approve the petition and introduce the rezoning ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending the denial of Petition Number 3573, which was filed by Ken Wasserman, for the rezoning of Lot 17, Block 1, Santa Fe Park Addition from District "B" (Two - Family Dwelling House District) to District "C" (Apartment House District). A motion was made by Commissioner Duckers, seconded by Commissioner Usher to accept the recommendation of the City Planning Commission and deny the petition. Ayes: (4). Nays: (0). Motion carried. 1 1 fl A LETTER was received from the City Planning Commission recommending the denial of a request by D. Wayne Montgomery to waive the set -back requirements on Lots 1 and 2, Block 1, Northeast Industrial Park. A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to accept the recommendati of the City Planning Commission and deny the request. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the Salina Citizens' Advisory Committee recommending that "Only one neighborhood facility be built and that this center be constructed on the grounds of the present Carver Center; that the recreation building presently located at Carver Center be razed; that a new structure be erected providing supervised programs; and that the Carver Center swimming pool and dressing rooms be retained and updated to meet all health and safety requirements "Also, the funds presently available from Community Development should be utilized for this structure; that consideration should be given to the feasibility of covering the present pool to make it a year-round use pool; and that any funds left over should be used to provide improvements to Phillips Park, Riverside Park, and Centennial Park." A motion was made by Commissioner Usher, seconded by Commissioner Duckers to take the letter under advisement. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the Salina Citizens' Advisory Committee making the following recommendations: (1) that up to $5,000 of 3rd year Communi Development funds be allocated each to the Salina Child Care Association and the Martin Luther King, Jr. Child Care Center, Inc. for the purpose of acquiring capital equipment for their centers; (2) that one bus or van be approved for the Salina Child Care Association and the Martin Luther King, Jr. Child Care Center, Inc. in an approximate amount of $8,000 each (3rd year CDBG); (3) that a study be implemented to determine the future of child care services in Salina with funding possibility to come from 2nd year CD funds; (4) that legislative changes be monitored during the upcoming year to determine Salina's status in regard to state legislation which would permit a tax levy for the establishment or support of child care centers. A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to take the letter under advisement. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the Salina Citizens' Advisory Committee recommending the adoption of a tree ordinance, dealing with trees to be planted on city owned property adjacent to streets. Commissioner Weisgerber asked if the ordinance would ever get enforced in its present form? Mr. Olson replied, "I don't know how many miles of streets we have in Salina, for example, and I think it is a good idea, a very good idea, a very good piece of work. I am thinking about the possible exceptions, the possible points of disagreement, the compromising as far as species, the limitations placed on certain species of trees and this type of thing. I am also thinking of the number of people that it would take to enforce an ordinance of this type, and what are you going to do when the innocent property owner plants a tree that he has paid $20 for, a good sized tree, to find out, maybe 3 or 4 months later this is illegal, you have violated city ordinance. And knowing that you have violated this particular ordinance, what are we going to do, then? It becomes a tough one as far as implementation is concerned, extremely tough. You will never get the advertising, you will never get the information dispensed to the general public, yet the idea behind it is extremely good." Commissioner Weisgerber asked if other cities have tree ordinances? 6 �+ Mr. Olson replied, "This tree committee spent a substantial amount of time on the streets of Salina driving around debating the merits of this thing. It's inception came from K -State." Mr. Harris said, "I think Hays has something similar to this, but it would appear the only way you might be able to administer and enforce it would be through a special department, a forestry department, where the City could have the responsibility for planting and maintaining trees on public right-of- way. I haven't heard of any other approach where it is possible to administer it and enforce it." Mr. Olson explained, "We have the laws on the books as far as the ability of the utility companies and the mail service, and all those who use the utilities to trim and shape and crop and cut back, and this type of thing. I think the public is well aware of these privileges, but here you are talking about the planting of a new tree and I don't know how you object to something that really, on the surface, sounds good like this, but I do, I want to call your attention to the almost impossible task, and if we do administer the ordinance, it is going to just take more people than I feel we can afford to put on the payroll." Commissioner Weisgerber commented, "I have no quarrel with what they are trying to do, and I am sure they have put a lot of time and thought into their varieties and all, but again it is the administration, if you have certain trees, they have to be 20 feet apart. If they have certain other trees they have to be 30 feet apart. Certain other trees have to be 40 feet apart, so far from a curb, so far from a corner, so far from a fireplug, and I wonder how a person is going to see that that it gets done that way. If he is going to overlook it and it gets checked up after a few years, then .. well, I don't know." Mr. Olson said, "Something we haven't done, we, of course, haven't had this that long, this recommendation. The recommendation itself, the ordinanc( has been rewritten, I understand, two or three times. It may be well for us on staff to contact other cities, see if they do have a similar ordinance, if they do, do they do it through a forestry department? Do they do it through with their existing park personnel, or how they do it?" A motion was made by Commissioner Usher, seconded by Commissioner Duckers to refer the ordinance to staff for study and recommendation, and to research other cities to see how they enforce their tree ordinance. Ayes: (4). Nays: (0). Motion carried. PUBLIC AGENDA PETITION NUMBER 3582 was filed by Larry Marshall for paving of Saturn Avenue between Planet and Tulane, sewer and water service to serve the lot immediately south of Saturn Avenue. A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to refer the petition to the City Engineer. Ayes: (4). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Lenore Garcia, d/b/a El Rancho, 925 West Lincoln. (Transfer of location application). The City Clerk reported there is no fee required in the transfer of location, and that the application has been approved by the Zoning Officer, Health Department, and the Police Department. A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to approve the transfer of location for the Cereal Malt Beverage license. Ayes: (4). Nays: (0). Motion carried. COMMISSION AGENDA The Commissioners brought the following items to the floor for discussic A RESOLUTION was introduced and passed entitled: "A RESOLUTION honoring the memory of John Stevens and expressing the appreciation of the City of Salina for his faithful services rendered for all cities in Kansas." and instructed the City Clerk to send a copy of the resolution to his family in Wichita. The motion was seconded by Commissioner Usher, and the following vote was had: Ayes: Duckers, Usher, Weisgerber, Simpson (4). Nays: (0). Carried. The Mayor approved the resolution and it is numbered 3287. 1 1 1 A MOTION was made by Commissioner Usher, seconded by Commissioner Weisgerber that the Board of Commissioners recess to go into executive session to discuss the acquisition of property. The Commissioners recessed at 5:00 p.m. and reconvened at 5:45 p.m. The City Attorney explained the City Commissioners discussed the acquisition of land for proposed waterworks improvements; but that no action is to be taken as to what land is to be acquired. "They also discussed the method of payment for the improvements, and it is quite obvious we are going to have to issue revenue bonds for the Water and Sewerage Department and prior to doing this it is necessary that a feasibility study be made to determine the rates, the type of bonds we want to issue, the amount of bonds we want to issue. First Securities Company of Wichita, Kansas has, in the past, handled our previous bond issues for the Water and Sewerage Department and they have made a proposal that they are willing to make a study for the City of Salina as to the needs for capital improvements, the projected rates that are going to have to be charged, and they have submitted an agreement which we probably should get started with, because it probably will take 60 days. Their agreement is to make this study, the fees they propose to charge are the standard fees of any security company making this type of study, and it would be the recommendati of staff that the Mayor be authorized to execute the agreement with First Securities Company to make a feasibility study as to the financing of the proposed waterworks improvements which we are now in the process of doing, and which would also include money to acquire any land we need for this purpose." He explained that it is estimated the bond issue will be approximately $3,000,000.00 for the proposed waterworks improvements and other improvements as submitted by the City Engineer. The cost of the feasibility study will be betwee 12 and 13 thousand dollars. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to authorize the Mayor to sign the agreement with First Securities Company of Wichita for a feasibility study. Ayes: (4). Nays: (0). Motion carried. A MOTION was made by Commissioner Duckers, seconded by Commissioner Usher that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (4). Nays: (0). Motion carried. D. L. Harrison, City Clerk 63