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.
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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.
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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.
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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?
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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.
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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
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