10-18-1976 Minutes1
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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