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03-07-1977 MinutesCity of Salina, Kansas Special Meeting of the Board of Commissioners March 7, 1977 The Special Meeting of the Board of Commissioners met in the Commissioner ,Room, City -County Building, on Monday, March 7, 1977 at 10:00 A.M., for the purpose 'announcing the selection of the architect for the Bicentennial Community Center, al ;authorize the Mayor to sign the architectural contract. There were present: Mayor Gerald F. Simpson, Chairman presiding Commissioner Keith G. Duckers Commissioner Karen M. Graves Commissioner W. M. Usher Commissioner Jack Weisgerber comprising a quorum of the Board, also L. 0. Bengtson, City Attorney D. L. Harrison, City Clerk Absent: Norris D. Olson, City Manager Mayor Simpson announced, "After what, I am sure you will all agree, was considerable, study and consideration the Commission has reached an agreement on t awarding of the design and engineering contract for the Bicentennial Community Cen This was obviously a very difficult decision, as Salina is blessed with firms and individuals who have displayed the ability, and background and expertise, that was necessary to design such a facility. While my fellow Commissioners, I am sure, wi agree this made the decision all the more difficult. It was also an assurance to that the firm that was finally selected, would be able to provide a facility that would serve the community and be a source of pride for its citizens for many years to come. All of us on the Commission sincerely thank all the firms and individual who participated in the interviews and for providing all the information that the Commission requested. The Commission has chosen the firm of Bucher and Willis, Consulting Engineers, Planners and Architects to provide the design and engineerin function for the Bicentennial Community Center. This morning I will ask the Commission to approve the awarding of the contract to authorize the Mayor to execu the necessary legal documents on behalf of the City of Salina, when they are prepared." of r. A MOTION was made by Commissioner Duckers that the architectural contract for the Bicentennial Community Center be awarded to Bucher and Willis, Consulting Engineers, Planners and Architects, for the sum of $270,000.00 and that the Mayor be authorized to sign the necessary contract. The motion was seconded by Commissicaer Usher. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Usher, seconded by Commissioner Weisgerber that the Special Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. IN GVy�,v�-try D. L. Harrison, City Clerk 1 1J 1 WAIVER AND CONSENT TO HOLD A SPECIAL MEETING OF THE BOARD OF COMMISSIONERS We, the undersigned, being the duly elected, qualified and acting Commissioners of the City of Salina, Kansas, and constituting a majority of the Board of Commissioners of the City of Salina, Kansas, do hereby waive notice and consent to the holding of a special meeting of the Board of Commissioners on the 7th day of March, 1977, at 10:00 A.M., for the purpose of: Announcing the selection of the architect for the Bicentennial Community Center, and authorize the Mayor to sign the architectural contract. Dated this 7th day of March, 1977. Commissioners 1_85 City of Salina, Kansas Regular Meeting of the Board of Commissioners March 7, 1977 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, March 7, 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 Commissioner Karen M. Graves Commissioner W. M. Usher Commissioner Jack Weisgerber comprising a quorum of the Board, also: L. O. Bengtson, City Attorney D. L. Harrison, City Clerk Absent: Norris D. Olson, City Manager The Minutes of the Regular Meeting of February 28, 1977, were approved as printed. THE MAYOR PROCLAIMED March 20th and 21st, 1977 - "JOHN W. PETERSON DAYS." The proclamation was read by Lynn Peterson. STAFF AGENDA AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE authorizing and directing the issuance of $3,000,000 principal amount of combined Water and Sewage System Revenue Bonds, Series of 1977, of the City of Salina, Kansas, for the purpose of providing funds for repairing, altering, expanding, reconstructing, enlarging and improving the combined water and sewage system of the city, prescribing the form and details of said combined water and sewage system revenue bonds, providing for the collection, segregation and application for the revenue bonds of said combined water and sewage system for the purposes authorized by law, and making certain covenants and agreements with respect thereto." A motion was made by Commissioner Usher, seconded by Commissioner Duckers to adopt the ordinance as read and the following vote was had: Ayes: Weisgerber, Duckers, Graves, Usher, Simpson (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8546. The ordinance was introduced for first reading February 28, 1977. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE 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 Erepealing the existing Article VII." Mayor Simpson said the Commission has had some imput on the ordinance and asked if anyone in the audience cared to speak to the subject. Sister Marilyn Stahl, expressed her opinion that the Arts Commission should consist of nine members rather than seven as the ordinance is presently written, that seven is too small and twenty was too large. She said she thinks the ordinance is an improvement over the old code, that she likes the idea of having a director, that the commission does need to have bylaws, and suggested that an ad hoc committee be appointed to work with the City Manager and Director to write them. 186 Mr. Ken Klostermeier, asked passage of the ordinance be postponed for approximately 3 weeks so there can be input from various organizations. He said it would be helpful to find out in what capacity the various organizations would like to be served and in what direction. He said he would like to have the new ordinance set out the duties and responsibilities of the Director of Arts. He said the ordinance currently only sets out the duties and responsibilities for the Arts Commission, and there is also no relationship between the Commission, per se, and the Director. "The director is only responsible to one person and that is the City Manager and I feel when you are dealing with a large variety of art and art related activities, as the commission does, it should have direct input and some sort of responsibility to the various art organizations or the people representing those organizations." The Commissioners, Mrs. Martha Rhea, Cultural Arts Director, discussed the desired membership, and the accountability of the Director to the City Manag as a department of the City. Commissioner Usher commented that the ordinance is well drawn, that it speaks to the issue, and moved to place the ordinance on second reading with the amendment of the membership of the Arts Commission from 7 to 9 members. The motion was seconded by Commissioner Duckers, and the following vote was had: Ayes: Weisgerber, Duckers, Graves, Usher, Simpson (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8547. The ordinance was introduced for first reading February 28, 1977. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizi and ordering certain curbing, guttering, paving, grading, water main and services, and sanitary sewer improvements, ordering preparation of plans and specifications, and the estimate of costs." (Engineering Project 77-614.) A motion was made by Commissioner Duckers, seconded by Commissioner Weisgerber 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 3309. A RESOLUTION was introduced and passed entitled: "A RESOLUTION appropria the sum of $177,143.50, being the contract price for materials and labor supplied and furnished in the matter of the construction of certain, curbing, guttering, paving, grading, water main and services, and sanitary sewer improvements in the City of Salina, and further providing for the issuance of one temporary note in the sum of $177,143.50 for the payment therefor." (Engineering Project 77-613 for improvements in Victoria Heights Addition.) A motion was made by Commissioner Graves, seconded by Commissioner Usher 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 3310. A MOTION was made by Commissioner Usher, seconded by Commissioner Graves to set the date of March 21, 1977 to receive bids for $6,500,000 General Obligation Bonds, and to instruct the City Clerk to advertise for bids. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Duckers, seconded by Commissioner Usher to set the date of April 11, 1977, as the date to receive bids for Water Sludge Disposal Facilities, and to instruct the City Clerk to advertise for bids. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of the Final Plat of Blocks 13 and 14, Northeast Industrial Park as requested in Petition Number 3414-H which was filed by the Urban Renewal Agency. A motion was made by Commissioner Graves, seconded by Commissioner Duckers to accept the recommendation of the City Planning Commission and approve the final plat of Blocks 13 and 14, Northeast Industrial Park, and authorize the Mayor to sign. Ayes: (5). Nays: (0). Motion carried. :ing 1 1 1 1.8 i A LETTER was received from the City Planning Commission recommending the approval of the rezoning of property in Blocks 4 and 10, Georgetown Addition from District R-3 (Multiple Family) to District R-1 (Single Family) and District R-2 (Multiple Family) as requested in Petition Number 3617 which was filed by George Etherington, subject to the recording of a final replat of the area. A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to accept the recommendation of the City Planning Commission and approve the rezoning;, subject to the recording of a final replat of the area, and to introduce the rezoning ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending the denial of the rezoning of Lots 1, 2, 3, and 10, Block 1, Van's replat of Fairview Addition, and Lot 26, Block 1, Fairview Addition, from District R-1 (Single Family) to District R-2 (Multiple Family) as requested in Petition Number. 3619 which was filed by Randall Holm. Mr. Randall Holm, 518 East Kirwin, representing the property owner, was present and asked that the petition be returned to the City Planning Commission with the idea of changing the request from R-2 zone to a planned development district, with R-2 zoning, because there was a great deal of concern shown by owners of the surrounding property as to the development and quality of constructi involved in the R-2. He asked that the petition be returned to the City Planning Commission to allow him time to present a planned development district to them. Mrs. Fred Ward, # 6 Tenlawns, said there are about 17 adjacent property owners present, and they ask that the City Commission accept the recommendation of the City Planning Commission and deny the petition for rezoning. They are concerned about the traffic, the parking, and the quality and quantity of construction the R-2 district would allow. Mr. Harold Morris, 835 Sherman, one of the property owners, feels the property would be better maintained with R-2 duplexes than it is presently being maintained. He said he had a problem of maintaining one particular lot over the last 18 years because it has been used as a playground. The Commissioners, Mr. Rawlings and interested persons discussed the time limitation for action under the new zoning ordinance and the notification of adjacent property owners under the old and new zoning ordinances, the advantages for changing the present request to a PDD. Commissioner Usher said he cannot see any justification for returning the request to the Planning Commission because suddenly you discover there is a lot of heat out there and now you want to go the PDD. I have no objection to that, then these people can see exactly what you are doing, but I don't see where we can send it back. Mr. Holmes explained it would save him $100.00 out of his pocket which is one of the primary reasons. Commissioner Usher explained the petitioner must raise some extenuating circumstances which were not developed when he appeared before the Planning Commission, which would give the City Commission basis for sending it back. Mr. Jerry Robertson, said he thinks the City Commission should uphold the City Planning Commission recommendation, because Mr. Holm does not own the property, and can go around town and speculate on property. He said he doesn't believe the density allowed in rezoning the property to R-2 would be in keeping with the area as it now is. Mr. Fred Ward, #6 Tenlawn, said he believes Mr. Holmes misunderstood. The property owners do not want the duplexes. He asked the property owners who were present to stand if they opposed the construction of duplexes, and several responded. Commissioner Weisgerber asked the City Planner to comment on the petitioners request. Mr. Rawlings said, the recommendation from staff to the City Planning Commission was that they approve the request only after it had been amended to a Planned Development. They did ask Mr. Holmes if he would consider that at the time, but his preference was to get a decision on the petition. Commissioner Usher said that is when he should have stopped and started his planned development district, and asked for a postponement. He moved to accept the recommendation of the City Planning Commission and deny the petition. The motion was seconded by Commissioner Graves. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of the rezoning of Lot 19, Block 1, Riverside Park Addition from District R-1 (Single Family) to District R-2 (Multiple Family), as requested in Petition Number 3620 which was filed by James D. Nelson. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to accept the recommendation of the City Planning Commission and approve the rezoning and to introduce the rezoning ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending the denial of a request (CZ77-1) from the Saline County Planning and Zoning Commission, for an exception to permit professional offices on a tract of land in the Southwest corner of the SE4 SW's of Section 19-14-2. The property is within the 3 mile limit of Salina. A motion was made by Commissioner Duckers, seconded by Commissioner Usher to accept the recommendation of the City Planning Commission and deny the request. Ayes: (5). Nays: (0). Motion carried. PUBLIC AGENDA PETITION NUMBER 3626 was filed by Dwight S. Tolle, for the approval of the plat of Tolle Subdivision. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to refer the petition to the City Planning Commission for a recommendation. Ayes: (5). Nays: (0). Motion carried. A TREE TRIMMING license application was filed by Douglas A. Loder, d/b/a Loder Contracting, 203 East Pacific. (New application). The City Clerk reported the applicant has paid the required fee, and has the proper surety bond and public liability insurance on file and the application has been approved by the Zoning Officer. A motion was made by Commissioner Graves, seconded by Commissioner Usher to approve the license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA The Commissioners brought the following items to the floor for discussi COMMISSIONER WEISGERBER commented, "I have here an ordinance drawn by the City Attorney in connection with the people who are planning the Presbyterian Manor, entitled: 'AN ORDINANCE releasing, abandoning and vacating a portion of the clear zone easement acquired by the City of Salina, Kansas, in case number 21,538 of District Court of Saline County, Kansas.' We have received a check in the amount of $2,300.00 from them to repay the City for the amount which was originally paid for this easement. The City Commission some time ago agreed to do this for this group. They are needing to complete purchase of the land and get the deed and all in their possession so they can make a presentation to the state committee and start their fund drive. I feel we have committed in the past to do this and should follow through on it." A motion was made by Commissioner Weisgerber, seconded by Commissioner Duckers to place the matter on the agenda for consideration. Ayes: (5). Nays: (0). Motion carried. 7os .7 A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Duckers to introduce an ordinance for first reading entitled: "AN ORDINANCE releasing, abandoning and vacating a portion of the clear zone easement acquired by the City of Salina, Kansas, in case number 21,538 of District Court of Saline County, Kansas." Ayes: Weisgerber, Duckers, Graves, Simpson (4). Nays: Usher (1). Motion carried. Ordinance Passed: Number: COMMISSIONER DUCKERS moved to place the selection of a Convention Center Manager on the agenda for consideration. The motion was seconded by Commissioner Usher. Ayes: (5). Nays: (0). Motion carried. Commissioner Duckers said, "It is time to immediately instigate a search for the manager. There is at least one and probably a good many National Associations of Auditorium Managers. Perhaps even from his home, Norris can begin this search by contacting some national associations and begin to get some resumes in here so we can proceed with the hiring of this individual as soon and as quickly as possible, because we need input from a professional person on our staff as we begin to discuss with the architect the design concept and the multitude of information that must go into this building and be sought out from across the City of Salina from all the interested public who are going to want input." Mayor Simpson concurred, and commented that it is not too soon to start booking conventions and programs into the facility because much of this is done on a two or three advance time basis. Commissioner Graves commented that during the study group last summer, the most successful centers where the ones that had the manager present during the building process, to consider a lot of the little details. Commissioner Graves asked for a progress report on the feasibility study on East Crawford improvements. I Mr. Boyer replied it is coming along quite well and should be completed for presentation with 2 weeks. A MOTION was made by Commissioner Graves, seconded by Commissioner Usher that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. D. L. Harrison, City Clerk