08-08-1977 Minutes1
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City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
August 8, 1977
The Regular Meeting of the Board of Commissioners met in the Commissior
Room, City -County Building, on Monday, August 8, 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,
Norris D. Olson,
D. L. Harrison,
Absent:
None
City Attorney
City Manager
City Clerk
The Minutes of the Regular Meeting of August 1, 1977 and the Special
Meeting of August 4, 1977 were approved as printed.
STAFF AGENDA
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." [Rezoning Application Z77-9 filed by
Lavern Hackbarth, for the rezoning of the South 1/2 of Lot 11 and all of Lot 12,
Block 1, Cloverdale Addition from District "R" (Single Family Residential Distric
to District "1-2" (Light Industrial District).] 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 8582. The ordinance was introduced for first reading July 25, 1977.
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, repealing the original section and amending
Section 36-604 (3)1(b) to read Single-family attached or two family dwelling
not less than 3,000 square feet per family." (Z77-6 filed by the City Planning
Commission). A motion was made by Commissioner Graves, seconded by Commissioner
Geis to adopt the ordinance as read and the following vote was had: Geis,
Graves, Simpson, Weisgerber, Duckers (5). Nays: (0). Carried. The Mayor
approved the ordinance and it is numbered 8583. The ordinance was introduced
for first reading July 25, 1977.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCEii
providing for the amendment of Zoning Ordinance Number 8526, the same being
Chapter 36 of the Salina Code, by enacting Section 36-604A, R-2.5 Multiple
Family Residential District." (Z77-7 filed by the City Planning Commission). A
motion was made by Commissioner Geis, seconded by Commissioner Weisgerber to
adopt the ordinance as read and the following vote was had: Geis, Graves,
Simpson, Weisgerber, Duckers (5). Nays: (0). Carried. The Mayor approved
the ordinance and it is numbered 8584.
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A RESOLUTION was introduced and passed entitled: "A RESOLUTION
determining the advisability of certain water main and services, main sanitary
sewer "AW" and pump station, and lateral 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." (Engineering Project 77-619, Hocking Addition) A motion was
made by Commissioner Simpson, seconded by Commissioner Graves to adopt the
resolution as read and the following vote was had: Geis, Graves, Simpson,
Weisgerber, Duckers (5). Nays: (0). Carried. The Mayor approved the resolutior
and it is numbered 3331•
A RESOLUTION was introduced and passed entitled: "A RESOLUTION
determining the advisability of certain curbing, guttering, paving, grading,
water system, sanitary sewer system, and storm 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." (Engineering Project 77-625, Oakdale, Wallerius and Nord
Additions.) A motion was made by Commissioner Geis, seconded by Commissioner
Graves to adopt the resolution as read and the following vote was had: Ayes: Geis
Graves, Simpson, Weisgerber, Duckers (5). Nays: (0). Carried. The Mayor
approved the resolution and it is numbered 3332•
A MOTION was made by Commissioner Geis, seconded by Commissioner Graves
to introduce an ordinance for first reading providing for the vacation of a
portion of Kenwood Park which is now being used as a public street. Ayes: (5).
Nays: (0) .
Mr. Norris Olson, City Manager, explained this street is from the
swimming pool to Agricultural Hall.
Ordinance Passed Number
A MOTION was made by Commissioner Graves, seconded by Commissioner
Simpson to introduce an ordinance for first reading levying a special assessment
against certain lots and pieces of property to pay the cost of abatement of
nuisances. Ayes: (5)• Nays: (0).
Ordinance Passed Number
A MOTION was made by Commissioner Simpson, seconded by Commissioner
Weisgerber to introduce an ordinance for first reading levying a special assess- j
ment against certain lots and pieces of property to pay the cost of cutting
weeds on certain lots and parts of lots and on the parkways abutting thereon
in the City of Salina, Kansas. Ayes: (5)• Nays: (0). i
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Ordinance Passed Number
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A RESOLUTION was introduced and passed entitled: "A RESOLUTION
authorizing the Mayor to execute pipe line contracts, dated July 27, 1977,
with the Missouri Pacific Railroad Company." (Water and sewer line crossings
in the Northeast Industrial Park, Engineering Project 77-621) A motion was
conded by Commissioner Simpson to adopt the
made by Commissioner Weisgerber, se
resolution as read and the following vote was had: Geis, Graves, Simpson,
Weisgerber, Duckers (5)• Nays: (0). Carried. The Mayor approved the resolution
and it is numbered 3333•
THE CITY CLERK reported the assessment rolls are ready for the
following improvements, to -wit: (Engineering Project 76-601)
Curbing, guttering, paving and grading of EDWARD STREET from
Bret Avenue to Hartland Avenue
Curbing, guttering, paving and grading of COLONIAL LANE from
Post Oak Lane to Edward Street
Curbing, guttering, paving and grading of POST OAK LANE from
Linda Lane to Bret Avenue
Curbing, guttering, paving and grading of LINDA LANE from
Neal Avenue to Post Oak Lane
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Curbing, guttering, paving and grading of COLONIAL COURT from
Colonial Lane to cul-de-sac
Curbing, guttering, paving and grading of COLONIAL PLACE from
Colonial Lane to cul-de-sac
Water main and services for certain lots in Twin Oaks Subdivision
Lateral Sanitary Sewers 536, 537, 538, 539, 540, 541
Storm sewer system
Curbing, guttering, paving and grading of SCOTT AVENUE from
the north line of Lot 25, Block 36, to the south line of
Lot 1, Block 37, Key Acres 2nd Addition
Curbing, guttering, paving and grading of RAY AVENUE from
the north line of Lot 14, Block 36, to the south line of
Lot 14, Block 37, Key Acres 2nd Addition
Curbing, guttering, paving and grading of LAURA STREET
from Scott Avenue to Ray Avenue
Water main and services for certain lots in Key Acres 2nd
Addition
Lateral Sanitary Sewers 543 and 544
Storm sewer system
Curbing, guttering, paving and grading of FAWN STREET
from Cloud Street to Schippel Drive
Curbing, guttering, paving and grading of SCHIPPEL DRIVE
from Lewis Street to Ohio Street
Water main and services for certain lots in Schippel
Addition
Lateral sanitary sewer 545
Storm sewer system
Water main and services to serve the North 483 feet of
Lot 1, Block 1, Sullivan Addition and the South 1,405.03
feet of the NE 1/4 of Section 35, Township 14 South, Range 3
West of the 6th Principal Meridian, lying east of 1-35-W
Lateral sanitary sewer 546
Water main and services to serve the South 220 feet of
Lot 8, Block 2, and all of Lot 8, Block 3, Wallerius
Addition
Lateral sanitary sewer 547
as authorized by Resolution Number 3270, passed by the Board of Commissioners on
the 19th day of April, 1976.
The assessments have been determined and the final easts have been
filed by the City Engineer.
A motion was made by Commissioner Simpson, seconded by Commissioner
Graves to instruct the City Clerk to publish notice in the official city
newspaper at least once not less than ten days prior to the date of August 22,
1977, the date set for the hearing on said assessments, and that at the same
time notice is published to mail to the owners of property made liable to pay
the assessment, at their last known post office address, a notice of the
hearing and a statement of the cost proposed to be assessed against the land
so owned and assessed. Ayes: (5). Nays: (0). Motion carried.
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THE CITY CLERK reported the assessment rolls are ready for the
following improvenients, to -wit: (Engineering Project 77-613)
Curbing, guttering, paving and grading of VICTORIA HEIGHTS
DRIVE
Curbing, guttering, paving and grading of VICTORIA HEIGHTS
TERRACE
Water main and services
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Lateral sanitary sewer 557 I�
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as authorized by Resolution Number 3306, passed by the Board of Commissioners on
the 7th day of February, 1977•
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A motion was made by Commissioner Graves, seconded by Commissioner
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Weisgerber to instruct the City Clerk to publish notice in the official city
newspaper at least once not less than ten days prior to the date of August 22,
1977, the date set for the hearing on said assessments, and that at the same
time notice is published to mail to the owners of property made liable to pay
the assessment, at their last known post office address, a notice of the Mj
hearing and a statement of the cost proposed to be assessed against the land I�
so owned and assessed. Ayes: (5). Nays: (0). Motion carried.
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A LETTER was received from the City Planning Commission recommending I
the approval of the final plat of Country Club Heights Addition Number 5, as
requested in Petition Number 3553, filed by Norman Harris and Don Williams. A
motion was made by Commissioner Simpson, seconded by Commissioner Graves to
accept the recommendation of the City Planning Commission to approve the final —
plat of Country Club Heights Number 5 and to authorize the Mayor to sign. `
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Ayes: (5). Nays: (0).
A LETTER was received from the City Planning Commission informing
the City Commission it has reviewed Z77-10 filed by David Werth, for rezoning
in the Replat of Faith Addition and stands behind its original recommendation
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". A motion was
made by Commissioner Weisgerber, seconded by Commissioner Graves to accept
the recommendation of the City Planning Commission and deny the request for
"R-2" on Lots 9 through 13, Block 4 and Lots 7 through 11, Block 8, and that
the request for "R-3" on Lot 16, Block 9, and Lots 1 through 9, Block 10 be i
amended to "R-2" and to introduce the ordinance for first reading.
Commissioner Geis stated: "As most of you know from the articles
in the paper, following this particular request, apparently there is an
opportunity for the City to expand its philosophy on zoning and I, for one,
think that it's time that we, as a commission, give serious thought to this
possibility. My reasons for sending it back to planning were concerned with
traffic in the area. A couple weeks prior to that, we had some people opposed
to a request in their area because of the impact it would make on the school
system. And in both cases, the general feeling seems to be go ahead and zone
it and deal with those problems later. I really feel that there is an oppor-
tunity for Salina to look to its future growth and doing this along well I
defined patterns that would prevent future problems from occuring or as much I
as possible. Now I received some input from the Planning Commission, and I've
been made aware that there's only one community in the United States that my
resource person could find that does any zoning based on traffic problems and
I thought, well, what's the matter with Salina being Number Two? Our opportunity'
is lost for being Number One, but to my fellow commissioners and you people j
who are concerned with this project, I would hope that we could give a lot of
weight to this. Now I realize that it has implications that are far-reaching
in development; many of you have stated that it might slow down or curtail
Salina's development, but I say, is development all that necessary, if it
creates problems for those that are already in the area? Those are my thoughts.
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Commissioner Weisgerber: "I think we should do what we can when a
new subdivision comes in or there is an addition to the City, to see that there
is proper allowance for streets and for traffic. At the same time, you have to
recognize even in Faith Addition, that the possibility exists, that that area
might never have been built up at all. That, perhaps, is not thinking about
planning as much as about actual installation of streets, if you build a major
intersection or major trafficway, particularly when the public -at -large has to
pay a part of the expense and then the area never develops, then you have a
burden on the taxpayer in paying for improvements which will never be used.
And, it just isn't possible as to anticipate where a city is going to grow,
what kind of residences or businesses, commercial or industrial, may possibly
go there. The Planning Department, I think, does the best it can, but sometimes
people don't always follow what the planning department is thinking and go off
on their own. The expansion of the City may drastically change over what you
anticipate. So, I venture that we need to be aware of this and perhaps plan
some for this and at the same time you have to be somewhat cautious as to how
much money is laid out in this, because there is no guarantee as that an area
will ever develop. So it's a little bit of a circle in a way, as to which you
do first, and hopefully you can keep the two as close together for satisfactory
result, as you can, and hindsight is always better than foresight and when you're
thinking of streets and roads and all, you can look back and it would be nice to
of had, but you can't always look forward and see what you're gonna' need."
Commissioner Graves: "I've been giving a lot of thought about this
over the weekend, and I wonder if development is all that necessary, when we
talk about development, we are talking about housing units for families, for
people. So of course, we have to have development, and I think the single-
family dwelling is beyond the reach of a good number of people unless you have
two incomes in the family, just a lot of people can't afford a single-family
dwelling. So we have to take care of the needs of these people. But I think
when you look at the real numbers on this thing, Mr. Werth's original request
would have had 224 units. If it had been approved by Planning, which it was
not. If this area had only single-family dwellings it would be 20 units. They
made a compromise which was 70 units, which is a far cry, really, from the 224,
so that is really scaling it down, I think, a great deal to 70, so I've had a
change of heart; I think people kind of need multi -family duplexes to live in.
would like to know from Planning, getting a little philosophical here, what
is down the pike for the area east of Ohio and south of Crawford, and the river,
of course, bounds it on the east? Is Ohio going to be the only way in and out
of that whole area east of Ohio? "
City Planner, Keith Rawlings: "You are talking about the entire area
that runs to Cloud? (from Crawford to Cloud) The major streets that are in
out there are the only ones we are anticipating will ever serve the area. They
will have to be minor residential type streets coming off of Ohio Street and off
of Cloud, serving the area."
The City Commissioners and the Staff discussed the traffic problems
in the area and the future development south of Faith Addition to Cloud Street.
Bruce Kiplinger, 752 Moundview, requested denial of the rezoning
application, suggesting it would not set a precedence for future developers,
but would be recognized as a unique situation regarding drainage and access
problems.
The Mayor called for a vote on the motion. Ayes: Graves, Simpson,
Weisgerber, Duckers. (4). Nays: Geis. (1).
A LETTER from the City Planning Commission recommending the approval
of Z77-11 filed by Charles and Mary Fox for the rezoning on the North 50 feet
of Lot 4, Fifth Street, Holland's Addition from "R-3" (Multiple Family Resi-
dential) to "C-3" (Shopping Center). A motion was made by Commissioner Graves,
seconded by Commissioner Simpson to accept the recommendation of the City
Planning Commission to approve Application Z77-11 and to introduce the ordinance
for first reading. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed: Number:
A LETTER from the City Planning Commission recommending the approval
j of Z77-12 filed by William Reimold for the rezoning of Lot 7, Block 6, Shalimar
Plaza Addition, from "C-1" (Restricted Business District) to "C-3" (Shopping
Center District). A motion was made by Commissioner Graves, seconded by
Commissioner Weisgerber to accept the recommendation of the City Planning
Commission to approve application Z77-12 and to introduce the ordinance for
first reading. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed:
Number:
A LETTER from the City Planning Commission recommending the approval
of UR77-2 filed by Roger Morrison, for the approval of the Preliminary Develop-
ment Plan for Lot 3, Block 13, Northeast Industrial Park. A motion was made by
Commissioner Geis, seconded by Commissioner Simpson to accept the recommendation
of the City Planning Commission to approve the Preliminary Development Plan for
Lot 3, Block 13, Northeast Industrial Park and authorize the Mayor to sign.
Ayes: (5). Nays: (0). Motion carried.
A RESOLUTION was introduced and passed entitled: "A RESOLUTION
approving the preliminary official statement relating to the $2,090,000 Hospital
Refunding and Improvement Bonds, Series of August 15, 1977, of the City of
Salina, Kansas." A motion was made by Commissioner Geis, seconded by Commissioner
Simpson to adopt the resolution as read and the following vote was had: Ayes:
Geis, Graves, Simpson, Weisgerber, Duckers. (5). Nays: (0). Motion carried.
The Mayor approved the resolution and it is numbered 3334•
PUBLIC AGENDA
A LETTER from the Salina Area Chamber of Commerce recommending that
a study be prepared by a competent engineering firm to address the problems
involved with the appearance of the Smoky Hill River as it flows through
Salina.
Mr. Roy Allen, President of the Salina Area Chamber of Commerce,
requested that a competent engineering firm be presented with the results of the
deliberations of Mr. Ed Boyce's committee (Community Enrichment Committee) and
asked to give a cost estimate for a study of the two plans suggested by the
committee. He was accompanied by Mr. Bob Selm and Mr. Ed Boyce.
Commissioner Simpson suggested that in addition to the two plans
submitted by the Chamber of Commerce's committee, the problem of acquisition of
water for the city's use should also be included in the study.
A motion was made by Commissioner Simpson, seconded by Commissioner
Graves to accept the letter from the Chamber of Commerce and have Staff contact
consulting firms to consider Plans A and B as outlined in the letter and also
methods of getting water from the cut-off channel to the water treatment plant.
Norris Olson, City Manager suggested drafting a letter to engineering
firms locally, who might be interested in doing this work, and prevailing upon
the commissioners, again, to interview and to sign a contract.
Commissioner Simpson amended his motion to ask that the cost estimate
be back to the commission by August 29, 1977• The amendment was seconded by
Commissioner Graves.
Commissioner Weisgerber expressed concern about acquiring the
necessary funds needed to carry out the results of the study, suggesting that
the people of Salina might not want General Obligation Bonds issued.
Mayor Duckers said the Commission could not predetermine how the
people feel about the river, how badly they want it and how much it might be
worth to them.
Mr. Roy Allen said he thought he could speak for the Chamber, in that,
if people say that they don't want it, then we will be satisfied, but that he
felt the people had that right to make their wishes known.
The Mayor called for a vote on the motion. Ayes: (5). Nays: (0).
Motion carried.
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COMMISSION AGENDA
A PUBLIC HEARING was held on the 1978 proposed budget for the City of
The Mayor asked for comments from the audience. There were none.
The Mayor expressed appreciation for the work of the Staff and the
ity Manager in the preparation of the budget.
A motion was made by Commissioner Simpson, seconded by Commissioner
Graves to approve the 1978 Budget and introduce an ordinance for first reading
approving, adopting and appropriating, by fund, the Budget of theCity of Salina,
for the year beginning January 1, 1978. Ayes: (5). Nays: (0). Motion
carried.
Ordinance Passed:
Number:
A PUBLIC HEARING was held on the proposed uses of Revenue Sharing
Funds for the 8th and 9th Entitlement Periods.
The Mayor asked for comments from the audience. There were none.
The following is a list of the proposed uses of Federal Revenue
Sharing Funds for the 8th and 9th Entitlement Periods:
8th Entitlement Period
Central Kansas Alcoholic
Foundation, Inc. $
17,057.00
Baseball Complex
150,000.00
Emergency Aid Program
6,000.00
Police Department Building
58,000.00
Improvements
20,600.00
Salina Alcoholic Safety Action
Program
18,000.00
Health Department (1978 Budget)
63,000.00
Memorial Hall Center Staffing
45,000.00
Southeast Salina Drainage Study
10,026.00
Passport to Adventure
5,000.00
Meadowlark Day Care
1,500.00
TOTAL $ 336,183.00
9th Entitlement Period
Central Kansas Alcoholic
Foundation, Inc.
$ 18,500.00
Fire and Police Salaries
(1978)
135,000.00
Police Vehicles
58,000.00
Bi -Centennial Staffing
100,000.00
Continuation of Southeast
Salina Drainage Study
10,000.00
Track Type Bucket Loader
(Solid Waste)
60,000.00
2 -Way Radio for Landfill
800.00
Street Department Equipment
12,698.00
Memorial Hall Center Staffing
5,000.00
TOTAL $ 399,998.00
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Geis to approve the proposed uses of Federal Revenue Sharing Funds for the 8th
and 9th Entitlement Periods. Ayes: (5). Nays: (0). Motion carried.
A MOTION was made by Commissioner Simpson, seconded by Commissioner
Graves, to add appointments to boards and commissions,to the agenda for
consideration. Ayes: (5). Nays: (0). motion carried.
The Mayor expressed his appreciation to the people who volunteered
to serve on the various boards and commissions and the Citizens' Advisory
Committee, and to appeal for additional volunteers. Areas B, C and D have no
representation and Areas I and K need more volunteers.
The Mayor, with the approval of the Board of Commissioners made
the following appointments:
Citizens' Advisory Committee
Area A - Charles Goodin, appointed to fill the unexpired term of
Mrs: Zelda Schrader to November 25, 1978•
Area J - Ralph Maag, appointed to fill the unexpired term of Mrs.
Helen Smutz to November 25, 1978•
Area K - Bob Hansmann, appointed to fill the unexpired term of
Dave Forristal to November 25, 1977•
Building Code Advisory Board
Bob Gile, (Plumbing Contractor) appointed to a 3 year term to
succeed Richard Robertson to June 1, 1980.
Don Ogborn, (Home Builder) reappointed to a 3 year term to
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June 1, 1980.
Steve Jennings, (Structual Engineer) appointed to a 3 year term to
1 succeed Milt Roth to June 1, 1980.
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Paul Wearing, (Heating and Air Conditioning Contractor)
reappointed to a 3 year term to June 1, 1980.
Human Relations Commission
Lois Gay, appointed to a 3 year term to succeed Miss Marion Klema
to June 7, 1980.
Tony Augusto, appointed to a 3 year term to succeed Carlos
Hernandez to June 7, 1980.
Board of Electrical Examiners
Rolland Johnson, Master Electrician, reappointed to a 2 year term
to July 24, 1979•
Robert Hoeffner, Electrical Contractor, reappointed to a 2 year
term to July 24, 1979•
Rod Anderson, Electrical Engineer, reappointed to a 2 year term
to July 24, 1979•
Orville Darrow, Electrical Inspector, reappointed to a 2 year term s
to July 24, 1979• I
Board of Building Appeals
Sheldon Burr, reappointed to a 5 year term to August 17, 1982.
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Grievance Committee (Personnel)
Erick Erickson, reappointed to a 3 year term to August 9, 1980.
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Solomon Oliver, reappointed to a 3 year term to August 9, 1980.
Rev. James Rhaesa, reappointed to a 3 year term to August 9, 1980.
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Juanita Bratton, reappointed to a 3 year term to August 9, 1979•
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Ralph Brown, reappointed to a 3 year term to August 9, 1979•
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Kenneth Colborn, reappointed to a 3 year term to August 9, 1979•
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A MOTION was made by Commissioner Graves to add an item to the
agenda for consideration concerning dogs running loose. The motion was seconded
by Commissioner Geis. Ayes: (5). Nays: (0). Motion carried.
Commissioner Graves said she was sure that many Salinan's were as
outraged as she, that two children had been mauled and bitten by dogs in the
past week and wondered what could be done to enforce the ordinance.
City Attorney L. 0. Bengtson suggested a warrant for arrest of dog
owners who allow their dogs to run at large.
Mr. Harris, Assistant City Manager, said this could result in many
more unclaimed dogs at the dog pound and suggested staggering the hours of the
Humane Officers to provide more consistent service during a 24 hour period.
Commissioner Graves made a motion to refer the problem to Staff for
study and report back with several options. The motion was seconded by
Commissioner Simpson. 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.
D. L. Harrison, City Clerk