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06-25-1977 MinutesCity of Salina, Kansas Pegular Fleeting of the Board of Cowmi ss loners July _25, 1977 The Regular Meeting of the Board of Commissioners met in the Commissi Room, City -County Building, on Monday, July 25, 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 Keith G. Duckers, Chairman presiding Commissioner Dan S. Geis Commissioner Karen M. Graves Commissioner Gerald F. Simpson 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: None The Minutes of the Regular Meeting of July 18, 1977 were approved as printed. STAFF AGENDA BIDS WERE RECEIVED for Engineering Project 77-622 for sidewalk improvements on Ohio Street and Belmont Boulevard. Wilbur Construction Company, Inc. $2,260.00 Commence August 8, 1977 and require 50 days. Engineers Estimate 2,650.00 A motion was made by Commissioner Simpson, seconded by Commissioner Geis to accept the bid of Wilbur Construction Company, Inc., as the low bidder in the amount of $2,260.00, subject to it meeting the specifications. Ayes: (5). Nays: (0). Motion carried. A PUBLIC HEARING was held on the annexation of Roselawn Cemetery. Mr. Rawlings reviewed the Service Extension Plan adopted by the City Commission on May 17, 1977• Mr. Bob Frobenius, Jr., President of Roselawn, was present and asked why the City is planning to annex the cemetery? He asked the City Commission not to annex the cemetery because it will increase its taxes to a level of being excessive, and will cause a hardship in disposing of limbs and trees, grass and flowers whi(th he will no longer be able to burn. Mr. Rawlings explained that the cemetery is completely surrounded by property within the city limits, and that it is desirable to annex the property at this time. The Mayor declared the public hearing closed. The City Commissioners did not take any action to annex the property. -s' 1 1 1 1 1 A PUBLIC HEARING was held on the annexation of Kessler Addition. Mr. Rawlings reviewed the Service Extension Plan adopted by the City Commission on May 17, 1977. No protests, written or oral, were received. The Mayor declared the public hearing closed. The City Commissioners did not take any action to annex the property. THE CITY ENGINEER reported on Petition Number 3646 which was filed by George Etherington for the vacation of a 20 foot utility easement in Block 16, Georgetown Addition; and the vacation of the East 25 feet of a 50 foot pipeline easement in Blocks 16 and 19, Georgetown Addition; and recommended that the 20 foot utility easement between Lots 2 and 3, Block 16 be vacated; and that the East 25 feet of a 50 foot pipeline easement located on Lots 1 through 6, Block 16 and Lots 1 through 7, Block 19, Georgetown be vacated. He recommended the 20 foot utility easement between Lots 37 and 38 Block 16, not be vacated as it will be used by Kansas Power and Light Company and Southwestern Bell Telephone Company. A motion was made by Commissioner Weisgerber, seconded by Commissioner Simpson to accept the City Engineer's recommendation and to introduce the vacating ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: THE CITY ENGINEER reported on a request by the Martin Luther King, Jr., Child Care Center, Inc. for a signal light at the crosswalk at 1214 North Santa Fe; and recommended that the curb painting on the east side of Santa Fe Avenue be extended to the north to provide a bus loading area and also extend the curb painting to the south to provide more loading and unloading space for parents bringing or picking children up at the center. It is suggested that the staff at the center should inform the parents of the the following: 1. it is dangerous and illegal to make a U-turn across a crosswalk, 2. all loading and unloading should be done on the side of the street that will not cause their child to walk across the street, 3. if it is necessary that the parent has to take a child into the center, they should park at a location other than in the yellow loading zone, 4. all pedestrians crossing the street near the care center should cross within the crosswalk. Karolyn Zerger and many interested people were present. Karolyn Zerger explained that the problem the day care center is experiencing is not with parents who leave their children, but with motorists who do not stop or slow down or honor the marked crosswalk. Eleanor Jones, Carol Woodcock, Beverly Shriner, and an unidentified woman all related incidents which happened to them in the crosswalk. Commissioner Simpson moved to instruct the City Engineer to install two stop lights, activated by a push button, to control the traffic in front of the Martin Luther King Day Care Center, because of the uniqueness of the situation Commissioner Geis seconded the motion. Ayes: (5). Nays: (0). Motion carried. Karolyn Zerger asked that the button be placed low enough on the pole so that the children are able to use it. A LETTER was received from the City Planning Commission recommending the approval of the final plat of Salina Presbyterian Manor, Inc. (Requested in Petition Number 3630 which was filed by Salina Presbyterian Manor, Inc). A motion was made by Commissioner Weisgerber, seconded by Commissioner Graves to accept the recommendation of the City Planning Commission and approve the final plat of Salina Presbyterian Manor, Inc. and authorize the Mayor to sign. Ayes: (5). Nays: (0). Motion carried. 310 A LETTER was received from the City Planning Commission recommending the approval of Petition Number 3647 which was filed by Robert F. Miller for the annexation of a tract of land in the NW/4 of Section 20-14-2. A motion was made by Commissioner Geis, seconded by Commissioner Graves to accept the recommendatio of the City Planning Commission and to introduce the annexation ordinance for first reading. Ayes: (5)• Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending the approval of Petition Number 3648 which was filed by Raymond E. Folken for the vacation of a portion of street right-of-way of Felton Street in Magnolia Addition. A motion was made by Commissioner Graves, seconded by Commissioner Geis to accept the recommendation of the City Planning Commission and to introduc the vacating 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 by George Etherington for access openings located 300 feet north and 300 feet east of the northeast corner of Marymount Road and Crawford Street. A motion was made by Commissioner Simpson, seconded by Commissi Geis to accept the recommendation of the City Planning Commission and to deny the request. Ayes: (5)• Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of Zoning Application Z77-6 to amend Section 36-604(3)1(b) to read: "Single-family attached or two-family dwellings not less than 3,000 square feet per family." A motion was made by Commissioner Graves, seconded by Commissioner Weisgerber to accept the recommendation of the City Planning Commission and approve application Z77-6 and to introduce the ordinance for first reading to amend Section 36-604(3)1(b). Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending the approval of Zoning Application Z77-7 to create a new zoning district entitled. "R-2.5" (Multiple Family Residential District). A motion was made by Commissionei Geis, seconded by Commissioner Simpson to accept the recommendation of the City Planning Commission and approve application Z77-7 and to introduce the ordinance for first reading to amend Chapter 36 of the Salina Code to create a new zoning district entitled "R-2.5" (Multiple Family Residential District). Ayes: (5)• Nays: (0) Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending the approval of Zoning Application Z77-9 filed by Laverne Hackbarth for the rezoning of the South 1/2 of Lot 11 and all of Lot 12, Block 1, Cloverdale Addition from "R" (Single Family Residential) to 1-2 (Light Industrial). A motion was made by Commissioner Weisgerber, seconded by Commissioner Geis to accept the recommendation of the City Planning Commission and approve application Z77-9 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 amendment and approval of Zoning Application Z77-10 filed by David Werth for rezoning in Faith Addition, that the request for "R-2" on Lots 9 through 13, Block 4 and Lots 7 through 11, Block 8, be denied; and that the request for "R-3" on Lot 16, Block 9, and Lots 1 through 9, Block 10, be amended and approved for "R-2" . Gary Wagner, 759 Moundview, read a petition which had been presented to the City Planning Commission protesting the rezoning for the following reasons: Additional traffic generated by multi -family residences, as experienced along the northern border of the Faith Drive, has caused us to request the i 1 1 1 Planning Commission and the City Commission to oppose the opponents petition establishing additional multi -family residences within the subdivision. Traffic on Moundview, Manchester, Faith Drive and McAdams Road is so extensive that going to work and returning from work times and going to school and returning from school times as to create traffic hazards on the collector streets. Thirty minutes very often are consumed to enter and exit Ohio from 7:45 to 8:15 a.m. and an intermittent hour from 4:30 to 5:30 p.m. to enter and exit Ohio from the Faith Addition. For an hour in the evening the traffic is virtually at a standstill. We contend additional multi -residence facilities will further corrupt traffic ingress and egress from Ohio to the Faith Addition to an extent of making fire protection, police protection, residents ingress and egress virtually impossible to traffic rush. We are of the opinion and agreement that the further construction of multi -family dwellings will give the immediate surrounding neighborhoods an increased atmosphere of commercialization. In addition we are in agreement and mutually convinced that the continuance of multi -family construction will drastically affect the public safety and to further appreciation to a standstill or even a decrease market value of the surrounding properties of single family dwellings. All the undersigned have substantial personal investments in the perpetuance of our homes and properties and join to conclude the future of multi -family units will greatly distract from the residential beauty and continuity of our neighborhoods. It is our combined wish to live, dwell and reside in a pure residential surrounding as possible. We respectfully request the petition for any further construction and developments; pertaining to Faith Addition be limited to and restricted to the zone of single family dwellings only. Mr. Werth said he proposes to open Faith Drive and Meadowbrook Road to McAdams Road which will help to ease the back up of traffic. Carolyn Scofield, 759 Manchester, expressed her concern about the need for left turn bays on Ohio Street to turn onto Faith Drive. Sam Garbo, 753 Moundview, asked that the rezoning be denied because of the traffic problem on the collector streets, and the water drainage problem in the area. Terry Garbo, 753 Moundview, asked if duplexes are allowed, what is in it for her? Will duplexes be allowed on one side of the street after another until there are duplexes throughout the area? Rose Kiplinger, 746 Moundview, expressed her concern about the water drainage problem. An unidentified woman, expressed her concern about the traffic problem during the lunch hour. Bill Chaffee, 735 Moundview, said he has not experienced traffic or water problems in the Faith Addition. Staff and the City Commission discussed the density of the rezoning request, the streets which are open at the present time and those proposed to be opened to handle the traffic in the area, the problem of getting onto Ohio Sreet, water drainage, the feasibility of a planned development district, distance of protesters from the zoning request, planning practices in dealing with traffic and schools. A MOTION was made by Commissioner Weisgerber to accept the recommendation of the City Planning Commission and approve the rezoning and at the same time have the Engineering and Traffic Departments make a traffic study for the area, and make a recommendation to alleviate the traffic problems the area residents experience geting onto the main thoroughfare. The motion died for the lack of a second. A MOTION was made by Commissioner Geis to decline the recommendation of the City Planning Commission and deny rezoning application Z77-10. Mr. Bengtson explained to the City Commissioners that they cannot deny the request at this time, that it must be returned to the City Planning Commissi once with the reason for it being returned; then when it comes back to the City Commission, it has the prerogative to do whatever it wishes. A MOTION was made by Commissioner Geis, seconded by Commissioner Simpson, to return the request to the City Planning Commission for reconsideratio with the City Commission concerns for the traffic problems. Ayes: Geis, Graves, Simpson (3)• Nays: Weisgerber, Duckers (2). Motion carried. A MOTION was made by Commissioner Simpson, seconded by Commissioner Geis to introduce an ordinance for first reading entitled: ''AN ORDINANCE authorizi the City of Salina, Kansas, to remodel existing buildings and improvements located on real property described herein to be leased to the Asbury Hospital Association; authorizing and directing the issuance of $2,090,000 principal amount of Hospital Refunding and Improvement Revenue Bonds, Series of August 15, 1977, of said City for the purpose of providing funds, together with other funds which are or will become available, to refund $1,750,000 principal amount of Hospital Revenue Bonds, Series of May 1, 1975, of said City, and for the purpose of providing funds to pay the cost of remodeling existing buildings and improvemer to be leased to the Asbury Hospital Association; prescribing the form and authori: the execution of a lease by and between said City and the Asbury Hospital Associai Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A MOTION was made by Commissioner Graves, seconded by Commissioner Simpson to authorize the Mayor to execute the Bond Purchase Agreement between the City of Salina, Kansas, and First Securities Company of Kansas, Inc., and Stern Brothers & Company of Kansas City, regarding $2,090,000 City of Salina, Kansas, Hospital Refunding and Improvement Revenue Bond issue for the Asbury Hospital Association. Ayes: (5)• Nays: (0). Motion carried. PUBLIC AGENDA PETITION NUMBER 3650 was filed by Butler Manufacturing Company for the vacation of Front Street from the southeast corner of Lot 3, Block 12, to the northeast corner of Lot 2, Block 12, Northeast Industrial Park. A motion was made by Commissioner Geis, seconded by Commissioner Graves to refer the petition to the City Engineer. Ayes: (5). Nays: (0). Motion carried. REQUEST by Larry Marshall to put the Lower Indian Rock Baseball Problem on the agenda. Mr. Aubrey Linville, 1728 Upper Mill Terrace, - The question was asked at the last meeting what the residents on both sides of the ball diamond project would be willing to accept if the Commission is going to put ball diamonds down there? Since that time a meeting has been held, I have been asked by the group from homeowners on both sides of the project to present a plan to you that would be acceptable as an alternative. The meeting produced the same results, that still the residents feel that this is not a proper area for a ball diamond complex, but if one is going down there we would like permission to submit this plan to you. Our problem in coming to you today before the two week period is up is that there is a HUD deadline on July 28, 1977• We wanted to try and get this proposal to you because we think it is one that should be acceptable to everyone and we would urge that immediate consideration be given to it to meet the deadline. If it would be permissible I would like to bring the plans forward. If I might, I know you have had a long day, and I sure appreciate the opportunity to come here today because I know you have had a busy schedule. I have handed you in addition to the sketch a written list of items that we think should be included in the plan. I will not go over each one of them. What I would like to do is scan through the proposal briefly and then ask if there are any questions from any of the Commissioners. Number one, our plan provides for 6 diamonds as drawn out in the sketch with no lights and we would ask that a written restrictior of some kind, subject to what Mr. Bengtson would approve, be recorded on the property to insure that this would be carried out in the future by future Commissions, recreation league, and anybody else involved. These plans provide Le is ing ion." 1 1 1 31-3 for no adult diamonds. I think at our first meeting that is what we were all discussing. The original plan that was filed, I know to meet the May 31st deadline was not for those type of diamonds but it is my understanding that is the intent and that is the way this plan has been drawn out. It would be for 12 year and under boys and 15 year and under girls for the softball programs. The diamond layout we know maybe cannot go exactly the way it is layed out here, it is just a sketch, but all we would ask is that it come to as close to the sketch as possible. It has been designed so that the diamonds will be equal distance from both residential areas so that there will be buffers. There is a buffer zone on the west side of the dike, and this way there will be a buffer zone also on the east side. We feel very strongly that there should be paved roads to prevent dust and also that these should have curbs in order to discourage driving that now goes on all over the area to keep them away from ball diamonds and from the other areas. One of the major savings of this plan we feel are in the road costs because I think that loop road that was in the original application would cost anywhere between $300,000 to $400,000. This road should be about half of that with the exception that we have asked for access to go through on the north to Indian Rock Park and I don't know what kind of a problem that will be but Mr. Olson has been out with some of the area residents and has looked at it. I don't think he has had time to get any cost estimates. The idea, I think, if you would in cost is going to have to be checked into; but this is the major concern of the people on the west side because we are all convinced that one of the problems that is going to happen is the problem of accidents in and out of Crawford. And somebody is going to be killed and the City is eventually going to have to address itself to the problem of having access out. If we come in over the dike I think you are going to have serious problems raised by the Corps of Engineers I don't think they will let roads go in and over the dike, plus the fact it is going to cause a significant traffic jam over on Indian Rock Lane. Now the way the alternative in the sketch is drawn out to go in through Indian Rock Park would be a kind of fanning effect on the north side, because I think there are three streets that will lead into the park and make it much easier for residents to get in and out and also the area of North Salina will have much easier access into the park than they would by having to come down Ohio and go up on Crawford and in that one access. The area that you see down to the bottom will be on the east has been designed so that two feet will be lowered off of that area and it is in the bend of the river which is where we think the first flooding would occur. In other words the river is going to go straight on across there, and one of our major concerns would have been a loss to the taxpayers because of any flooding damage. This way we would lower that level down by 2 feet, leave it natural, undeveloped, it could be used for soccer, flag football, things of that nature; but if there were a flood there wouldn't be the significant damage that you would have through the ballpark area. By cutting down this two feet that would, on the other hand, allow us to build up another two feet where the ball diamonds would be and that way if we do have high water it will go through that lower area first and will take another rise of another 2 feet over the existing bank before it would get up on the ball diamonds and cause any damage there. So we think that that will not solve all the flood problems but it will sure make it less significant than they are right now. Also the lower area would be a buffer zone which would be left natural, it is designed with a jogging tract around there, 3/4 of a mile, fishermen and people like that could walk down into that area and fish along the river bank and I think it would be a very nice area. We asked the, and on the plan have shown, trees and this of course would be subject to the approval of the Corps of Engineers, except the screening on the west side of the dike, we show trees planted on the outside of the dike because there is no screening at all from that area onto the ball diamond complex. There are trees on the east side. So we feel that the trees should be planted on the west side of the dike and then whatever trees and shrubs that can be planted in the flood control area the Corps will allow us to plant should be put in there also to screen the area from the residences and also to make the area more attractive. Since the plan will probably have to be modified to some extent we would ask that two area residents be picked by the area residents to be allowed to have their input into any change that might be made to the plans so that everyone knows what is going on, because I think that has been one of our problems we have had here in the past. Last but not least, if HUD funds do not become available for the Lower Indian Rock Park we would again ask that the ball diamond complex be moved out to the old airport. We feel this is the best site. That is the plan in a nutshell and I would be happy to try and answer any questions. 314 Mr. Olson - I would like to correct one statement. I did not view the location with any property owners. My comment was the idea of a road at that particular point was interesting and intriguing. Mr. Linville - I know you did not approve anything. Commissioner Weisgerber - Well, Aubrey, I hate to blast you all by yourself, and no host of supporters behind you there, but I think there are some things that ought to be said. In the first place we can't legally consider this today because it was so published and so expressed a week ago that this would be brought up again in two weeks, so anyone who might be on the other. side is not here, we can't legally do this. Now, I have a little feeling, I get a little mad about this thing, because of this constant harping on this date and I feel a little like what your group is trying to do is to threaten or to blackmail the City Commission,in making an immediate decision to do just what they want to do or else, and I don't like that. We are trying to work with this group and I am not, I have no special comment on these plans, I think they are probably headed in some general direction towards a compromise, it might be acceptable both ways; but one thing that perhaps no one really has considered and that is what if you do file a formal protest? I think it would be an excerci in futility and that is also called stupidity. Did you ever recognize what will happen if you would be successful in cutting off HUD and BOR funds, and it was still determined that this was the place for the ball diamonds? We would have just really one alternative and that alternative would be to issue General Obligation park bonds so that your group who would come back from BOR all happy that they had killed the funding for this, would come back find the diamonds still built in Indian Rock Park with a bill on their property tax because we have every right, legal right to issue these general obligation park bonds $100,000 a year at the present time. So, we could take the $150,000 of Revenue Sharing or about that, we could issue a couple of sets of general bonds and still put the diamonds down there, plus the fact that your group isn't too popular right now with the general citizenry around Salina. They were told last Fall when the election came along for the bicentennial that there would not be an additional expense in the relocation of this and certainly we meant that; but if your group blocks this thing, through this avenue, and we do have to issue general bonds your group is going to take the blame by the general public for having forced us into taking this line of action. I am not trying to be vindicitive about this thing. The City Commission can't enjoy that kind of a luxury. But we are going to try to work this out with you and try to get this thing as satisfactory all the way around. I don't like the pressure that I think has been unduly exercised against this Commission that is trying to do a good job, and I think you better consider the alternatives if you try to block this federal funding, through any avenue. You ought to know that so that if a group does go ahead and do this and then comes back and finds out we may be going to issue these bonds that you don't suddenly say well why didn't you tell us that? So now you know that it is a possibility and can well be done and you ought to take both sides of this into your consideration before you take this action. Mr. Linville - We are well aware of that and that is the reason we are here today. Now we asked for one week before, and it was extended to two weeks, and like any group, Jack, there is not unanimous opinion among everybody as what should be done and so it was a consensus of the group that met that we should try and get this plan before you as soon as possible so that no one would have to go in and file any kind of a protest; the majority of people that is the last thing that anybody wants, and we will not accept the blame if something does happen to those bonds, or your request for funds. I don't think the blame is on our shoulders. You had to file a request for application in a hurry on May 31st. We are faced with the same deadline on July 28th, and we have the same problems in that regard that you do. And that is our only reason for trying to come and getting something worked out before that deadline comes. Commissioner Graves - I think we are going to have to probably refer this to staff to check on how much that new bridge would cost. I, for one, think it is a pretty nice looking plan and we are losing 2 diamonds that we had drawn into the other plan, because I think we had 8, and of course if we talk nhniit nn lights we are talking about Babe Ruth and American Legion and other 1 1 D groups playing in different places so I personally would hope that this plan would cost quite a bit less than what our other plan would; but we are still going to have to find some places for other groups to play ball at least one other diamond. So I am hoping that it will come in quite a bit less. I also envison, of course I am a bike enthusiast, and I look at this northwest corner las a possible place for the bike, bike route committee is studying Salina and the existing streets, as a possible bike route and foot path for some bike traffic to come in that direction. I think that some people will walk in that way, anyway, over the dike maybe an asphalt bike path in that corner I wonder if we could have, when staff looks at this, if they could look at the possibility of that too? ... Don, have you looked at this plan? Don Jolley - Yes, I have. As a matter of fact, I not only have looked at it, I have participated in the design of it at one point or another; and I might say that I have found the people who have been working on this thing on behalf of the petitioners and so on to be very positive in their approach to this thing. They have spent a good deal of time in my office with me. I made a preliminary plan of this area which contains some of the same designs you find in this and then this was taken by them after they talked with their people in the public, or in a meeting they called, and made some revisions to it; but I have reviewed it since that time, it is a plan which I feel the Recreation Commission and I can operate our program on these facilities without any undue problem at all, and I think it deserves serious consideration of the city. There may be a few moderations, changes that need to be made in it, but I think generally it calls attention to most of the problems that have surfaced here on one side of this question or the other; and so I would certainly hope that in the next week serious consideration can be given to the matter by the City, and that it might come back and reach some agreement on this matter. Commissioner Weisgerber suggested the plan to should go to the baseball study committee. Mr. Jolley - If I could comment on that, Jack. This plan seems to me does two things. It concurs with Commissioner Simpson's comments that he made at the last meeting we had with the idea of youth activities in one location and adult activities in another and also if you will recall the recommendation of the baseball committee this also was their recommendation that the youth facilities be located perhaps at Lower Indian Rock and the adult facilities elsewhere and think that you will find without any question that this plan is compatible with the feeling of the baseball committee on this matter. Mayor Duckers - I think you are entirely right Don, but I do feel that, I personally feel, that they should have a shot at it and have an opportunit,, to discuss it because they were assigned that task earlier. I would want to refer it back to them and of course to our own staff. The Commissioners and interested persons discussed possible locations for new diamonds for adult players. Commissioner Simpson - I recall a year or so ago a local philosopher mentioning when you are up to your hips in allegators, you loose sight of the fact that your original objective was to clear the swamp, and I think really all we are all concerned about is providing ball diamonds and recreational facilities for the people of Salina. I would express appreciation to the people who helped develop the plan presented today because I am sure they have put a lot of time and a lot of work in on the thing. It is rather obvious to me from just the brief discussion here of an item that is supposed to be on the agenda next week that, you know, there are some problems to work out on it, some scheduling and size of diamonds and so forth. I would hope that we could continue to work together in a spirit of mutual trust and I must say I have not appreciated some of the comments but I haven't felt threatened in any way. And that I appreciate the deadline that the protestors are facing and if they must protest that is their decision, but I think we also cannot immediately give carte blanche approval to this particular plan because I think we do need to sit down with all parties concerned and try to work it out and I hope we could do that in a spirit of mutual trust and consideration for the real problem, or the real objective which is to provide recreational facilities for people of this community. I would move that we accept the report presented today to us by Mr. Linville and that we refer it to staff for cost analysis and that we continue to work on the problem with all due haste. Commissioner Graves seconded the motion. Ayes: (5). Nays: (0). Motion carried. A REQUEST was received from Larry Justus of Salina Cable T.V. Systems, Inc., for reconsideration of the rate increase. Mr. Justus was present and said he and the company comptroller have talked with the City Attorney and they do have financial figures available. Mr. Bengtson suggested the City Commission meet in executive session to discuss the figures and data because they are of a private company. He said if the City Commission decides to recess into executive session there is a matter pertaining to litigation to be discussed. A motion was made by Commissioner Geis, seconded by Commissioner Graves to recess into executive session to discuss the financial figures for the Salina Cable T.V. Systems, Inc., a matter of litigation, and appointments. Ayes: (5). Nays: (0). Motion carried. The Commissioners recessed at 6:14 p.m. and reconvened at 7:22 p.m. A MOTION was made by Commissioner Simpson, seconded by Commissioner Graves to table the request of Salina Cable TV for a rate increase for one week. Ayes: (5)• Nays: (0). Motion carried. A MOTION was made by Commissioner Simpson, seconded by Commissioner Weisgerber that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. The meeting adjourned at 7:25 p.m. D. L. Harrison, City Clerk 1 1 1 1 City of Salina, Kansas Regular Meeting of the Board of Commissioners August 1, 1977 The Regular Meeting of the Board of Commissioners met in the Commissione Room, City -County Building, on Monday, August 1, 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 Keith G. Duckers, Chairman presiding Commissioner Dan S. Geis Commissioner Karen M. Graves Commissioner Gerald F. Simpson 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: None The Minutes of the Regular Meeting of July 25, 1977 were approved as printed. THE MAYOR PROCLAIMED the Week of August 1 through 7, 1977 - "NAVY MOTHER'S WEEK'. The proclamation was read by Jenny Hayman, Past National Commander. THE MAYOR ISSUED A PROCLAMATION as an expression of deepest gratitude and appreciation to the Bruce Wood family, of Metamora, Illinois, for their courage in the apprehension of Roy Earl Schultz. The proclamation was read by Chief of Police John Woody. STAFF AGENDA BIDS WERE RECEIVED for Engineering Project 77-620 for street and utility improvements in Dow, Replat of part of Dow, Key Acres 2nd, Georgetown and the Replat of Blocks 4, 10, 11, 12, Georgetown Addition: PART Water and Sanitary Sewer Improvements Smoky Hill, Inc. $213,857.60 Commence October 1, 1977 and require 270 calendar days Stevens Contractors, Inc. 247,076.50 Commence September 6, 1977 and require 180 calendar days Earth Excavation, Inc. 249,435.20 Commence September 5, 1977 and require 250 calendar days Engineer's Estimate 259,985.00 �s' PART II Storm Sewer and Pavement Improvements (Asphaltic Pavement Alternate) Brown & Brown, Inc. $281,543.00 Commence September 1, 1977 and require 90 calendar days after the completion of Part I. Engineer's Estimate 341,935.00 PART II Storm Sewer and Pavement Improvements (Concrete Pavement Alternate) J. S. Frank Construction Company, Inc. $315,079.00 Commence August 15, 1977 and require 290 calendar days Cummings Construction, Inc., Garden City 324,250.00 Commence August 29, 1977 and require 140 calendar days Engineer's Estimate 341,935.00 A MOTION was made by Commissioner Simpson, seconded by Commissioner Geis to award the contract for Part I to Smoky Hill, Inc., as the low bidder in the amount of $213,857.60; and to award the contract for Part II, for the asphalti pavement alternate, to Brown & Brown, Inc. as the low bidder in the amount of $281,543.00, subject to approval by the City Engineer. Ayes: (5)• Nays: (0). Motion carried. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Zoning Ordinance Number 8526, the same being Chapter 36 of the Salina Code, and the zoning district map therein and thereby adopted and providing for the rezoning of certain property within the City and prescribing the proper uses thereof." IZ77-5 filed by Max McClintock for the rezoning of Lots 8 and 9, Block 5; Lots 8, 9 and 10, Block 6; Lots 8, 9, and 10, Block 7; and Lots 8, 9, and 10, Block 8, all in Wallerius Addition from "R -l" (Single Family Residential District) to "R-2" (Multiple Family Residential District).] A motion was made by Commissioner Graves, seconded by Commissioner Weisgerber to adopt the ordinance as read and the following vote was had: Ayes: Geis, Graves, Simpson, Weisgerber, Duckers (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8577. The ordinance was introduced for first reading July 18, 1977. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the vacation of certain easements in Georgetown Addition to the City of Salina, Saline County, Kansas." jRequested in Petition Number 3646, filed by George Etherington.] A motion was made by Commissioner Geis, seconded by Commissioner Simpson to adopt the ordinance as read and the following vote was had: Ayes: Geis, Graves, Simpson, Weisgerber, Duckers (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8578. The ordinance ;was introduced for first reading July 25, 1977. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE ;annexing certain land to the City of Salina, Saline County, Kansas, in conformity (with the provisions of K.$.A. 12-520." [Requested in Petition Number 3647, (filed by Robert F. Miller.] A motion was made by Commissioner Simpson, seconded by Commissioner Graves to adopt the ordinance as read and the following vote was (had; Ayes; Geis, Graves, Simpson, Weisgerber, Duckers (5). Nays: (0). Carried. !The Mayor approved the ordinance and it is numbered 8579. The ordinance was introduced for first reading July 25, 1977. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE 1providing for the vacation of a certain street right-of-way in Magnolia Addition !to the City of Salina, Saline County, Kansas." jRequested in Petition Number 13648, filed by Robert E. Folken.] A motion was made by Commissioner Graves, !seconded by Commissioner Weisgerber to adopt the ordinance as read and the 'following vote was had: Geis, Graves, Simpson, Wesigerber, Duckers (5). Nays: !(0). Carried. The Mayor approved the ordinance and it is numbered 8580. The ;ordinance was introduced for first reading July 25, 1977• 1 1 D AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE authorizing the City of Salina, Kansas, to remodel existing buildings and improvements located on real property described herein to be leased to the Asbury Hospital Association; authorizing and directing the issuance of $2,090,000 principal amount of Hospital Refunding and Improvement Revenue Bonds, Seris of August 15, 1977, of said City for the purpose of providing funds together with other funds which are or will become available, to refund $1,750,000 principal amount of Hospital Revenue Bonds, Series of May 1, 1975, of said City, for the purpose of providing funds to pay the cost of remodeling existing buildings and improvements to be leased to the Asbuty Hospital Association; prescribing the form and authorizing the execution of a lease by and between said City and the Asbury Hospital Association." A motion was made by Commissioner Weisgerber, seconded by Commissioner Graves to adopt the ordinance as read and the following vote was had: Ayes: Geis, Graves, Simpson, Weisgerber, Duckers (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8581. The ordinance was introduced for first reading July 25, 1977. A MOTION was made by Commissioner Simpson, seconded by Commissioner Graves to authorize the Mayor to sign a Mausoleum Deed for the sale of two crypts in Hillcrest Mausoleum to Wayne and Jannie Fuller. Ayes: (5). Nays: (0). Motion carried. PUBLIC AGENDA CEREAL MALT BEVERAGE License Applications were filed by: Ford P. Balkenhol, d/b/a Ebenezer's, 1416 South Santa Fe Avenue (New application). Joseph A. Bachofer, d/b/a Village Gate, 1329 East Iron, (New application- Ford pplication. The City Clerk reported the applicants have paid the required fee and the applications have been approved by the Zoning Officer, Health Department and the Police Department. A motion was made by Commissioner Geis, seconded by Commissioner Simpson to approve the license applications and authorize the City Clerk to issue the licenses. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA THE CITY COMMISSIONERS reconsidered the proposed baseball complex in Lower Indian Rock Park. [Tabled at the July 18, 1977 meeting.] A motion was made by Commissioner Simpson, seconded by Commissioner Geis to remove the item from the table for consideration. Ayes: (5). Nays: (0). Motion carried. Commissioner Simpson said the proposal submitted to the City Commission by the residents near Lower Indian Rock Park was submitted to the staff for cost anlaysis. He asked if staff has had sufficient time to prepare the cost analysis? Mr. Olson replied staff has not had sufficient time. A MOTION was made by Commissioner Graves to re -affirm the City Commissio commitment to Lower Indian Rock Park as the site to build eight unlighted diamonds The motion died for the lack of a second. A MOTION was made by Commissioner Simpson, seconded by Commissioner Weisgerber, to place unlighted ball diamonds in Lower Indian Rock Park, the number and configuration to be determined from information and cost figures presented back to the Commission by the staff. Commissioner Geis asked if the staff recommendations will also include information and input from other sources of information? Mayor Duckers replied that the staff will consider all input received. Mr. John Heline, reported that a telephone survey was taken of the Baseball Committee since they were unable to meet, and there were no particular objections to the drawings, the items listed as specifications and requirements were not addressed by the Committee because they felt they do not have the expertise to handle these. The specifications should be done by city staff or by a qualified engineering firm. He said the committee reminds the City Commissio that if 6 diamonds are all that are to be put in that area, the City Commission must immediately seek replacement of Blue Jay Park and another lighted diamond to take care of the adult players. Mayor Duckers re -affirmed that a commitment was made to the voters that the facilities in Blue Jay Park would be replaced, and if they are not to be in Lower Indian Rock Park, they must be provided somewhere. The Mayor called for a vote on the motion to place unlighted ball diamonds in Lower Indian Rock Park, the number and configuration to be determined for information and cost figures presented back to the City Commission by the staff. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Simpson, seconded by Commissioner Graves to refer the matter of the adult, American Legion, Babe Ruth, and softball diamonds to staff to work with the baseball committee, Don Jolly and members of the Recreation Commission, and the parties involved in the use of those diamonds to prepare cost figures and land use proposals for additions to the ball diamonds at Schilling complex as quickly as possible. Ayes: (5). Nays: (0). Motion carried. Commissioner Geis asked that additional restroom facilities be constructed along with the construction of additional baseball diamonds at Schilling. Commissioner Graves expressed the thanks of the City Commission to the Baseball Study Committee for their participation in this committee. Commissioner Simpson thanked the people for their involvement and interest, for their positive attitudes and constructive suggestions presented to the Commission. Mayor Duckers thanked the staff for sitting through countless hours of discussion. THE CITY COMMISSIONERS RECONSIDERED a request by Larry Justus, Salina Cable T.V. Systems, Inc. for a rate increase to become effective September 1, 1977. [Tabled at the July 25, 1977 meeting.] A MOTION was made by Commissioner Simpson, seconded by Commissioner Weisgerber to remove the item from the table for consideration. Ayes: (5). Nays: (0). Motion carried. Commissioner Simpson said he requested financial information from Salina Cable T.U. Systems, Inc. when the request was initially received two weeks ago, and since that time the Commission has had an opportunity to review the financial information received. He moved that the requested maximum fee schedule, as presented by Salina Cable T.V. Systems, Inc. be approved. Commissioner Weisgerber seconded the motion, and commented that unless an unusual condition arises this will take care of the T.V. rate for a three year period. Ayes: (5). Nays: (0). Motion carried. "A REQUEST for endorsement of an application for funding by the National Center of Appropriate Technology; Butte, Montana for a project by ,John Craft (The Land Institute, Salina, Kansas)." (Sponsored by Commissioner Dan Geis). Commissioner Geis explained there would be no cost or obligation on the part of the City for this request, that it is necessary for the city to act as a "pass through" agency to the National Center for Appropriate Technology. He explained that it is basically an arrangement to provide a low cost energy source via wind powered, home constructed facilities. 1 7J i A - Commissioner Graves commented that she doesn't necessarily care if the City is the ''pass through'' agency, but she asked that the words ''The local government'' in line 24 on Page 15 and Lines 1, 2, and 3, on Page 16 be struck from the application, because she doesn't feel city government should be involved in a free market situation. A motion was made by Commissioner Geis, seconded by Commissioner Simpson that the City endorse the grant proposal request to the National Center for Appropriate Technology for the Land Institute, with the deletion of the words ''The local government'' in line 24, Page 15 and lines 1, 2, and 3, Page 16, concerning city ties with the project. Ayes: (5). Nays: (0). Motion carried. ''DISCUSS the possibility of scheduling a 'Workshop Session' to tie up loose ends, status reports of various study committees, complete appointments, etc.'' (Sponsored by Commissioner Dan Geis) Commissioner Geis explained that school will be starting soon and he would like to have as many loose ends tied up as possible. The Commissioners discussed when it would be mutually convenient and decided on 1 P.M. August 15, 1977 for a workshop session. Mayor Duckers asked to add an item to the agenda for consideration concerning the naming of the Bicentennial Community Center. A MOTION was made by Commissioner Simpson, seconded by Commissioner Geis to place the item on the agenda for consideration. Ayes: (5). Nays: (0). Motion carried. Mayor Duckers read a letter from the Salina Journal offering the paper to conduct a contest in the naming of the Bicentennial Community Center, and offering to provide a $500 savings bond to the winner. A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Simpson to accept the offer of the Salina Journal to conduct a contest to name the Bicentennial Community Center. Ayes: (5). Nays: (0). Motion carried. Mayor Duckers thanked Bill Hinkle for his input into the design of the Bicentennial Community Center. A MOTION was made by Commissioner Simpson, seconded by Commissioner Geis that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. The meeting adjourned at 4:55 P.M. Glnn.r-�cn-ti D. L. Harrison, City Clerk City of Salina, Kansas Special Meeting of the Board of Commissioners August 4, 1977 The Special Meeting of the Board of Commissioners met in the Commissions Room, City -County Building, on Thursday, August 4, 1977 at eight o'clock A.M. for the purpose of setting the date to receive bids for the construction of the Bicentennial Building. There were present: Acting Mayor Jack Weisgerber, Chairman presiding Commissioner Dan Geis Commissioner Gerald Simpson comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: Mayor Keith G. Duckers Commissioner Karen M. Graves A MOTION was made by Commissioner Geis, seconded by Commissioner Simpson to set the date of September 2, 1977 at 10:00 A.M. to receive bids for the construction of the Bicentennial Building, and to instruct the City Clerk to advertise for bids. Ayes: (3). Nays: (0). Motion carried. A MOTION was made by Commissioner Geis, seconded by Commissioner Simpson that the Special Meeting of the Board of Commissioners be adjourned. Ayes: (3). Nays: (0). Motion carried. The meeting adjourned at 8:09 A.M. D. L. Harrison, City Clerk Is'