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02-28-1977 Minutes1 1 1 1179 City of Salina, Kansas Regular Meeting of the Board of Commissioners February 28, 1977 i The Regular Meeting of the Board of Commissioners met in the Commissionerfs' Room, City -County Building, on Monday, February 28, 1977, 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 (arrived at 4:32 p.m.) Commissioner Karen M. Graves Commissioner W. M. Usher Commissioner Jack Weisgerber jcomprising a quorum of the Board, also: L. 0. Bengtson, City Attorney D. L. Harrison, City Clerk Absent: Norris D. Olson, City Manager printed. The Minutes of the Regular Meeting February 14, 1977 were approved as THE MAYOR welcomed Boy Scout Troop 20 to the meeting and asked them to stand and be recognized. STAFF AGENDA BIDS WERE RECEIVED ON $3,000,000.00 Water and Sewerage Revenue Bonds, Series of 1977. The City Clerk opened and tabulated the bids and a motion was nade by Commissioner Usher, seconded by Commissioner Graves to award the bid to Stern Brothers & Co. with the lowest net interest to the City, of 5.754969%, and to introduce the bond ordinance for first reading. Ayes: (4). Nays: (0). lotion carried. Ordinance Passed: Number: BIDS WERE RECEIVED on Engineering Project 77-613 for street and utility improvements in Victoria Heights Addition: Asphaltic Pavement Alternate Brown & Brown, Inc., and Smoky Hill, Inc. $177,143.50 Engineer's Estimate $205,750.00 Concrete Pavement Alternate J. S. Frank Construction Company, Inc. $201,286.54 Engineer's Estimate $205,750.00 A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to award the contract to Brown and Brown, Inc., and Smoky Hill, Inc., as the low bidder, subject to the proposal meeting the City Engineer's specifications. Ayes: (4). Nays: (0). Motion carried. A PUBLIC HEARING was held for the renewal of a franchise to Salina Cable T.V. Systems, Inc. Mayor Simpson asked if anyone in the audience had any comments. Mr. Bill Hinkle was present and talked about 4 areas of concern to him: 1. That Cable TV should monitor the signals received from the East so there would be a more even signal, and that 1,000 microvolts should be received at each TV set. 2. Cable employees are touching the TV receivers and giving advise as to what is wrong with the TV set. 3. Cable connections should be furnished to legitimate dealers and service companies. 4. He can't see why a franchise should run for 15 years, and thinks 5 years should be the term before it is reviewed. Mr. Larry Justus, president of Salina Cable TV responded to all Mr. Hinkle's questions. AN ORDINANCE was introduced for third reading entitled: "AN ORDINANCE granting a renewal of a franchise to Salina Cable T.V. System, Inc., to establish, construct, acquire, maintain and operate a community antennae and closed-circuit electronic system within the City of Salina, Kansas. A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to adopt the ordinance as read and the following vote was had: Ayes: Weisgerber, Graves, Usher, Simpson (4). Nays: (0). Commissioner Duckers absent. Carried. The Mayor approved the ordinance and it is numbered 8544. The Ordinance was introduced for first reading February 7, 1977. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Ordinance Number 8526, the same being Chapter 36 of the Salina Code, 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 7, 8, 10, and 14, Block 1, Replat of Lot 1, Block 1, Country Hills Addition Number 2, from District R-3 (Multiple Family) to District R, (Single Family), and the rezoning of Lots 1, 5, 6, 9, 11, 12, 13, Block 1, Replat of Lot 1, Block 1, Country Hills Addition Number 2, from District R-3 (Multiple Family) to District R-2 (Multiple Family) as requested in Petition Number 3612 which was filed by George Etherington.) A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to adopt the ordinance as read and the following vote was had: Ayes: Weisgerber, Graves, Usher, Simpson (4). Nays: (0). Commissioner Duckers absent. Carried. The Mayor approved the ordinance and it is numbered 8545. The ordinance was introduced for first reading February 7, 1977. A MOTION was made by Commissioner Usher, seconded by Commissioner Graves to introduce an ordinance for first reading establishing an Arts Commission for the City of Salina; specifying the number of members, manner of appointment and specifying their duties; creating the position of Director of Arts; amending Article VII of Chapter 2 of the Salina Code and repealing the existing Article VII. Mrs. Martha Rhea, Cultural Arts Director, was present and explained this proposed ordinance is an updating and refining of the present code. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending the approval of the final plat of Nord Subdivision, as requested in Petition Number 3600 which was filed by Kenneth Nordboe. A motion was made by Commissione Weisgerber, seconded by Commissioner Graves to approve the final plat of Nord Subdivision and authorize the Mayor to sign. Ayes: (4). Nays: (0). Motion carried. 1 1 1 181 A LETTER was received from the City Planning Commission recommending the approval of the final plat of the Replat of Lot 22, Block 3, and Lot 9, Block 6, Dow Addition, as requested in Petition Number 3606 which was filed by George Etherington. A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to approve the final plat of the Replat of Lot 22, Block 3, and Lot 9, Block 6, Dow Addition and authorize the Mayor to sign. Ayes: (4). Nays: (0). Motion carried. Commissioner Duckers arrived at 4:32 p.m. A LETTER was received from the City Planning Commission recommending the denial of the rezoning of Lots 12, 13, 14, Block 5, Circle Addition from District R-2 (Multiple Family) to District R-3 (Multiple Family) as requested in Petition Number 3613 which was filed by Cloyde and Darvin Dent. Mr. Tom Darnell, representing the petitioner, asked that the petition be tabled until the petitioner has time to talk with the Planning Commission about amending the zoning regulations to allow for multiple family zoning with less density that the present R-3. Mr. Rawlings said the Planning Commission is aware of the fact that there is a difference between the old and new ordinances, and is not sure they are ready to amend it. The staff and commissioners discussed the present zoning districts and the possibility of the developers using the Planned Development District. A motion was made by Commissioner Usher, seconded by Commissioner Graves to table the matter for one week, so the City Planning Commission could consider it at their meeting tomorrow (March 1, 1977). Mr. Rawlings said the matter is not on the agenda for the City Planning Commission, Tuesday, March 1st, and probably could not be considered. Mr. Usher amended his motion to table the matter for 30 days. Commissioner Graves seconded the motion. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the denial of the rezoning of the East 2 of the NE -I, of Section 26-14-3, from District RS (Single Family) to District R-2 (Multiple Family) as requested in Petition Number 3618 which was filed by Dwight S. Tolle. A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to accept the recommendati of the City Planning Commission and deny the petition. Ayes: (5). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing the temporary investment of approximately $500,000.00 of Idle Funds of the City of Salina, Kansas." A motion was made by Commissioner Weisgerber, seconded by Commissioner Graves to adopt the Resolution as read and the following vote was had: Ayes: Weisgerber, Duckers, Graves (3). Nays: (0). Mayor Simpson and Commissioner Usher abstained. Carried. The Mayor approved the Resolution and it is numbered 3307. A RESOLUTION was introduced and passed entitled; "A RESOLUTION determini the advisability of curbing, guttering, paving, grading, water main and services, and sanitary sewer improvements, estimating the cost thereof, defining the boundaries of the improvement district, method of assessment, and apportioning the cost between the improvement district and the City -at -large." (Improvements in Key Acres 2nd Addition, Wallerius, Dow, Park West, Country Hills Addition # 2 and Mayfair Additions - Engineering Project 77-614.) A motion was made by Commissioner Usher, seconded by Commissioner Duckers to adopt the Resolution as read and the following vote was had: Ayes: Weisgerber, Duckers, Graves, Usher, Simpson (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3308. 18`2 PUBLIC AGENDA PETITION NUMBER 3624 was filed by Kenneth Nordboe for water and sewer lines to Blocks 1 and 2, Nord Subdivision. A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to refer the petition to the City Engineer for a report. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3625 was filed by Donald H. Dieckhoff and Stanley R. Livengood for the vacation of an east and west 20 foot utility easement in Block 10, Riker Addition, between Ohio and Lewis Streets. A motion was made by Commissi Usher, seconded by Commissioner Graves to refer the petition to the City Engineer for a recommendation. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Helen Leister, d/b/a Red Kitten, 1108 Holiday. (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 Commissioner Duckers to approve the a0plication and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed BY Richard L. Crawford, d/b/a Mopseys # 2, 723 Bishop. (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 Graves, seconded by Commissioner Usher to approve the application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Lenore Garcia. d/b/a E1 Rancho, 624 Reynolds. (New application). The City Clerk reported the applicant has paid the required fee and the application has been approved by the Zoning Officer, the Police Department, and the applicant requests approval of the license subject to the final approval by the Health Department. A motion was made by Commissioner Duckers, seconded by Commissioner Graves to approve the application subject to the final approval of the Health Department and authorize the City Clerk to issue the license at that time. Ayes: (5). Nays: (0). Motion carried. A REQUEST was received by Sister Mary Lou Roberts, for $6,000.00 in (Revenue Sharing funds for an Emergency Aid Program. Sister Mary Lou Roberts, explained the Emergency Aid Program would be a coordinated effort between the city and the churches to provide for the emergency needs of people in this area, and to eliminate the duplication of services. Commissioner Weisgerber commented that the city is now in the process of having a survey done now, by the United Way, to eliminate duplication of (services, and to recommend services needed that are not now covered. Mr. Ron Elwell, Director of the United Way, was present and reported �the survey is progressing and that a one number contact, 24 hours a day would be to an advantage in providing services. Commissioner Usher asked if the assistance will be strictly to local people? Sister Mary Lou Roberts replied it would not be strictly for local people, that they would also take care of transients. Commissioner Usher said he would not be in favor of taking care of a transient with city funds. Sister Mary Lou Roberts, explained the money churches give will take care of the transients, and that the City funds will be used for the salary of the coordinator and space. ier 1 1 71 1 80 Commissioner Usher asked how they intend to raise the additional $16,000 in their budget? Sister Mary Lou Roberts replied they are going to try to get money from various agencies, but most of it will come from churches. Commissioner Graves asked Police Chief Woody to speak to the transient problem. Chief Woody explained the Police Department's role is to check out the transient people to see if they really do need help, and that the PD is a part of the duplication of the process. He said we need to have someone take all the funds and distribute them where they are needed. Mrs. Wilma Ray, American Red Cross, was present and explained the Emergency Aid Program will not be in lieu of the services regularly performed by the different agencies, but will be in addition to their regular services. Commissioner Graves suggested that the request be taken under advisement for one week so it can be discussed with the Director of Human Resources. Commissioner Usher asked about the absence of a representative of the Salvation Army. Sister Mary Lou Roberts said they did attend some meetings and they are aware of the proposed program. A motion was made by Commissioner Weisgerber, seconded by Commissioner Duckers to refer the request to the Human Resources Director for her appraisal of I the program, and that the request be considered with the other requests for Revenue Sharing Funds. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA The City Attorney asked the City Commissioners to meet in executive session at the completion of the regular items. A motion was made by Commissioner Duckers, seconded by Commissioner Graves to recess into executive session to discuss a letter of intent for an industrial revenue bond request. Ayes: (5). Nays: (0). Motion carried. The Commissioners recessed at 5:05 p.m. and reconvened at 5:45 p.m. A MOTION was made by Commissioner Usher, seconded by Commissioner Duckers that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. D. L. HYrrison, City Clerk