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10-18-1976 Minutes1 1 1913 City of Salina, Kansas Regular Meeting of the Board of Commissioners October 18, 1976 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, October 18, 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 Robert C. Caldwell Commissioner W. M. Usher Commissioner Jack Weisgerber comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: Commissioner Keith G. Duckers The Minutes of the Regular Meeting of September 27, 1976 were approved as printed. THE MAYOR PRESENTED service awards to 17 city employees, each with 10 years of service, and thanked them for their years of service. THE MAYOR PROCLAIMED the Week of October 17 through 23, 1976 - "NATIONAL BUSINESS WOMEN'S WEEK". The proclamation was read by Betty J. Youngdahl President of the Business and Professional Women's Club. STAFF AGENDA BIDS WERE RECEIVED for Engineering Project 76-612 for a sanitary sewer on Stimmel Road: Smoky Hill, Inc. $11,884.50 Earth Excavation, Inc. 11,997.50 Stevens Contractors Inc. 14,355.00 Engineer's Estimate 12,290.00 A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to award the contract to Smoky Hill, Inc., as the low bidder, in the amount of $11,884.50, providing the bid meets the engineer's specifications. Ayes: (4). Nays: (0). Motion carried. BIDS WERE RECEIVED for vehicles: 1. One - 1i ton pickup for Engineering Department Bacon and Clark Dodge, Inc. $4,025.00 Long -McArthur, Inc. 4,182.00 194 2. Four - 2 door sedans for Inspection Department Warta Buick, Inc. $15,876.00 Bell Motor, Inc. 16,268.48 Waddell Cadillac -Oldsmobile, Inc. 16,792.00 Bacon and Clark Dodge, Inc. 16,916.00 Long -McArthur, Inc. 17,548.00 3. One - � ton pickup for Animal Shelter Bacon and Clark Dodge, Inc. Long -McArthur, Inc. $4,095.00 4,633.00 4. Two - Dump trucks for Street Department Stewart International, Inc. $15,748.62 Long -McArthur, Inc. 16,346.00 Bacon and Clark Dodge, Inc. 16,816.00 5. One - 3/4 ton pickup for Traffic Department Bacon and Clark Dodge, Inc. $5,620.00 Long -McArthur, Inc. 5,666.00 6. One - 3/4 ton pickup for Water and Sewerage Department Long -McArthur, Inc. $4,457.00 Bacon and Clark Dodge, Inc. 4,691.00 7. One - 12 ton pickup for Water and Sewerage Department Bacon and Clark Dodge, Inc. $4,025.00 Long -McArthur, Inc. 4,382.00 8. One - 11 ton pickup for Sanitation Department Bacon and Clark Dodge, Inc. Long -McArthur, Inc. $4,695.00 5,070.00 A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to award the bid to Bacon and Clark Dodge, Inc. for the 12 ton pickup for Engineering, Ij ton pickup for Animal Shelter, 3/4 ton pickup for Traffic Departmel � ton pickup for Water and Sewerage; and ij ton pickup for Sanitation Department; and to Warta Buick, Inc., for four 2 door sedans for the Inspection Department; Stewart International for 2 dump trucks for the Street Department; Long -McArthur, Inc. for 3/4 ton pickup for Water and Sewerage Department. Ayes: (4). Nays: (0). Motion carried. AN ORDINANCE was introduced for second reading entitled: "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 Blocks A, B, C, and Lots 1 through 6, Block D, Park West Addition from District "A" (Second Dwelling House District) to District"D" (Local Business District) and the rezoning of Lots 7 through 11, Block D, Park West Addition from District "A" (Second Dwelling House District) to District "F" (Light Industrial District) as requested in Petition Number 3526 which was filed by Mr. Ken Wasserm A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Usher, Weisgerber, Simpson (4). Nays: (0). Commissioner Duckers absent. Carried. The Mayor approved the Ordinance and it is numbered 8515. The ordinanc was introduced for first reading April 12, 1976. it; in) . 1 1 95 AN ORDINANCE was introduced for second reading entitled: "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 5, Block 30 and Lots 4 through 15, Block 33, Key Acres Second Addition from District "A" (Second Dwelling House District) to District "B" (Two -Family Dwelling House District); and Lots 6 through 9, and Lots 12 through 17, Block 30, and Lots 1 through 3, Block 33, Key Acres Second Addition from District "A" (Second Dwelling House District) to District "C" (Apartment House District) as requested in Petition Number 3527 which was filed by Doyle Yockers). The City Planner reported on Petition Number 3556 which was filed by property owners in Key Acres Second Addition protesting the rezoning of property described in Petition Number 3527 and amendments, that the petition represented 7.2% of the property eligible for a legal protest. Mayor Simpson asked if anyone in the audience wished to speak to the rezoning request. There was no response. A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Usher, Weisgerber (3). Nays: (0). Mayor Simpson abstained. Commissi Duckers absent. Carried. The Mayor approved the Ordinance and it is numbered 8516. The ordinance was introduced for first reading April 12, 1976. AN ORDINANCE was introduced for second reading entitled: "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 the South 140 feet of the North 225 feet of the East 110 feet of Block 9, Leavenworth Addition from District "D" (Local Business District) to District "EE" (Local Service District) as requested in Petition Number 3583 which was filed by C. R. Nicholson). A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to adopt the Ordinance as read and the following vote was had: Ayes: Caldwell, Usher, Weisgerber, Simpson (4). Nays: (0). Commissioner Duckers absent. The Mayor approved the Ordinance and it is numbered 8517. The ordinance was introduced for first reading September 27, 1976. A LETTER was received from the City Planning Commission recommending the approval of the final plat of Waters Subdivision as requested in Petition Number 3529 which was filed by James R. Waters. A motion was made by Commissioner Caldwell, seconded by Commissioner Weisgerber to accept the recommendation of the City Planning Commission and authorize the Mayor to sign the final plat. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the denial of Petition Number 3584 which was filed by R. E. Sprecker for the rezoning of a portion of Lots 1, 3, 5, Block 5, Hutchinson's Addition from District "A" (Second Dwelling House District) to District "C" (Apartment House District). 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 denial of the request of the Saline County Planning and Zoning Commission regarding a rezoning petition filed by William R. Umphrey on behalf of Patrick Wallerius for property in the SE114 of Section 26, T 14 S, R 3 W in Saline County, from District "A" (First Dwelling House District) to District "F" (Light Industrial District). Mr. William Umphrey was present and asked the City Commission to reconsider the recommendation of the City Planning Commission and abide by the recommendation of the County Planning Commission which is that the property be rezoned from agricultural to light industrial usage. ()f Mr. Rawlings approached the bench and showed the Commissioners maps of the area, and also said the City Planning Commission recommended the denial of the request on the basis of incompatibility with both City and County Land Use Plans. A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to accept the recommendation of the City Planning Commission and deny the request of the Saline County Planning and Zoning Commission. Ayes: (4). Nays: (0). Motion carried. THE CITY ENGINEER filed a feasibility report for street and utility improvements for the Replat of Lot 1, Block 1, Country Hills Addition Number 2. (Improvements were requested in Petition Number 3544 which was filed by A. B. Seelye Company, Inc.) A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to accept the feasibility report as filed. Ayes: (4). Nays: (0). Motion carried. THE CITY ENGINEER filed a feasibility report for street and utility improvements in Victoria Heights Addition. (Improvements were requested in Petition Number 3506 which was filed by J. V. Enterprises, Inc., by Phil Martin.) A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to accept the feasibility report as filed. Ayes: (4). Nays: (0). Motion carried. THE CITY ENGINEER REPORTED on the sufficiency of Petition Number 3582 which was filed by Larry Marshall for Marshall Motor Company, Inc., for pavement of Saturn Avenue from Planet Avenue to Tulane Avenue and sanitary sewer and water mains to serve the area immediately south of Saturn Avenue, that the petition has been signed by the owners of 1000 of the property in the benefit district and is therefore a valid petition. A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to accept the City Engineer's report and approve the petition. Ayes: (4). Nays: (0). Motion carried. THE CITY ENGINEER REPORTED on Petition Number 3589 which was filed by Joe Mendicina, President of Park Limited, requesting the vacation of the East 5' of Delaware Avenue from Iron Avenue to Stapler Avenue; the North 5' of Stapler Avenue from Delaware Avenue to Indiana Avenue and the West 5' of Indiana Avenue from Iron Avenue to Stapler Avenue; and recommended the vacation of the East 5' of right-of-way on Delaware Avenue from Iron Avenue to Stapler Avenue, but did not recommend the vacation of right-of-way on Stapler Avenue or Indiana Avenue. A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to accept the City Engineer's recommendation and vacate the East 5' feet of street right-of-way on Delaware Avenue from Iron Avenue to Stapler Avenue and to introd the ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: THE CITY ENGINEER REPORTED on the sufficiency of Petition Number 3591 which was filed by Max McClintock for pavement on Tulane, Venus and Mercury Avenues; and water and sanitary sewer to serve parts of Blocks 2, 5, 6, and 7, Wallerius Addition; that the petition has been signed by owners of 90 percent of the property in the benefit district and is therefore a valid petition. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to accept the City Engineer's report and approve the petition. Ayes: (4). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: "A RESOLUTION designa the official depositories for all moneys of the City of Salina, Kansas, and directing the City Treasurer to deposit all moneys received by him therein." A motion was made by Commissioner Caldwell, seconded by Commissioner Usher, to adopt the resolution as read and the following vote was had: Ayes: Caldwell, Weisgerber (2). Nays: (0). Commissioner Usher and Mayor Simpson abstained. Commissioner Duckers absent. Carried. The Mayor approved the Resolution and it is numbered 3295. N PUBLIC AGENDA PETITION NUMBER 3586 was filed by H. W. Steele for the release of the flight easement on the SW's SE'a of Section 27, T 14 S, R 2 W, in Saline County. Mr. Dean Owens, attorney representing the Salina Presbyterian Manor Committee, was present and explained the proposed plans to build a 6 story retirement home with 1, 2, and 3 bedroom apartments, to house approximately 140 retired persons, on a 40 acre tract immediately east of Georgetown Addition and immediately north of the old municipal airport on the north side of Crawford Street, and asked the City Commissioners to release the flight easement on this property because the old airport is not presently used as an operating airstrip and is not maintained for use by aircraft. The Commissioners, Mr. Owens, Mr. Steele, Bob Batt and Ron Chandler discussed the easement, the possibility of the airport being used in the future, the community's need for a retirement home, the potential of the orderly growth of the city to the east, the possibility of moving the north threshold of the easement to the south, and the possibility of redesigning the retirement home plan so that the 6 story building is not in the flight easement. Mr. Olson reported the golf course was designed in its present form with the future use of the airstrip in mind and that the land traded with Graves was done on the basis of 2 acres of Graves property for 1 acre of city property so we would not have to use part of the concrete area for the golf course also that the present GSA agreement we have for Schilling contains a reclaimer clause in case the government, some day, might want to take it back. i Mr. Ken Jennison, speaking on behalf of the Salina Area Chamber of Commerce, informed the City Commissioners the Chamber of Commerce feels this is an airport we are not using versus a retirement home that is sorely needed in Salina and area. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to table the petition so that the Committee and Commissioners and staff can get together to work out a workable agreement. Ayes: (4). Nays: (0). Motion carried. A REQUEST was received from Max McClintock for permission to cut and install a driveway approach to 48 feet in width for off-street parking at a new 4-plex construction. Drive to be cut on Otto Street on part of Lot 1 and 2, Block 2, Wallerius Addition. Same as was granted for 333 Otto off of Tulane. Mr. McClintock states he is the owner of record of both lots. Also same request for 48 feet on Tulane all located on Lot 2, Block 2, Wallerius Addition. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to refer the request to the City Engineer for a recommendation. Ayes: (4). Nays: (0). Motion carried. er A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Veterans of Foreign War Post 1432. (Transfer of location of 212-214 North Santa Fe Avenue to 1108 West Crawford). The City Clerk reported there is no fee involved with the transfer, and the application has been approved by the Zoning Officer and the Police Department, and the applicant requests approval of the application subject to the final approval of the Health Department. A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to approve the license 1 application subject to the final approval of the Health Department and to authorize the City Clerk to transfer the license at that time. Ayes: (4). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Maynard S. Jones, d/b/a Gibson Discount Center, 321 South Broadway. (New application). The City Clerk reported the applicant has paid the required fee and the application has been approved by the Health Department, Zoning Officer and the Police Department. A motion was made by Commissioner Usher, seconded by Commissi Caldwell to approve the license application and authorize the City Clerk to issue the license. Ayes: (4). Nays: (0). Motion carried. er -- 1 A LETTER was received from Bill Siebert, Silver Sabres Drum and Bugle Corps Director, for permission to use Memorial Hall one afternoon a week and one evening a week from October to April. Mr. Siebert was present to explain their new winter program for the rifle and flag squads, called Competitive Color Guard, which will be in competi during the months of January, February, and March. The Commissioners and Mr. Siebert discussed the use of the hall. Mr. Bengtson explained by not charging the Silver Sabres the establishes fee, the Commissioners would be setting a precident for the use of the hall by other non-profit and charitable organizations in the city; however the Commission could add the additional cost onto the grant given by the City. Mayor Simpson asked what the total cost would be. The City Clerk replied the hall rents for $50.00 a day. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to refer the request to the staff for study and a recommendation. Ayes: (4). Nays: (0). Motion carried. COMMISSION AGENDA A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber, to add appointments to boards and commissions to the agenda for consideration. Ayes: (4). Nays: (0). Motion carried. THE MAYOR, with the approval of the City Commissioners made the following appointments: Board of Plumbing Appeals William Lucas, reappointed for a 2 year term to June 24, 1978 Clarence Holm, Jr., reappointed for a 2 year term to June 24, 1978 Glenn Robertson, reappointed for a 2 year term to June 24, 1978 James Gile, reappointed for a 2 year term to June 24, 1978 James M. Hall, III, reappointed for a 2 year term to June 24, 1978 Housing Authority Jim King, appointed to succeed Tom Markley, for a 4 year term to September 11, 1980. Salina Citizens Advisory Committee Area "B" Donna Banman, appointed to fill the unexpired term of James Geisendorf to November 25, 1978. Area "F" R. W. Bull, appointed to fill the unexpired term of Mrs. Mary Jarvis to November 25, 1978. c Area "J" Louis C. Lyda, appointed to fill the unexpired term of Leon Doucette to November 25, 1977. Area "K" Sherry Denton, appointed to fill the unexpired term of Beverly Kinderkneckt I to November 25, 1977. Area "L" Mrs. Frank Markley, appointed to fill the unexpired term of Robert Riordan to November 25, 1978. The Mayor announced he received a letter from the Department of Defense asking him to remind the community that on October 28th and 29th, 1976, the Armed Forces Bicentennial Caravan will visit Salina and is one of 20 sites selected in Kansas. The Commissioners did not bring anything to the floor for discussion. The City Manager stated he would like to meet with the Commissioners in Executive Session to make a progress report on the acquisition of property for the waste sludge disposal facilities. A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to recess into executive session. Ayes: (4). Nays: (0). Motion carried. The Commissioners recessed at 6:04 P.M. and reconvened at 6:50 P.M. A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (4). Nays: (0). Motion carried. Dw)i2'� D. L. Harrison, City Clerk LI