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."
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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
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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
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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.
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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.
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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.
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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.
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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