Loading...
08-08-1977 Minutes1 C L , /T 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. rs, '124 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 i Ordinance Passed Number 'i 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 1 1 1 '325 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. "26 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 I Lateral sanitary sewer 557 I� I as authorized by Resolution Number 3306, passed by the Board of Commissioners on the 7th day of February, 1977• I; A motion was made by Commissioner Graves, seconded by Commissioner i 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. ll �I 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. ` i 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. !i 1 1 1 .';2 7 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. D 1 1 Salina. 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 i June 1, 1980. Steve Jennings, (Structual Engineer) appointed to a 3 year term to 1 succeed Milt Roth to June 1, 1980. I 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. 'i �I Grievance Committee (Personnel) Erick Erickson, reappointed to a 3 year term to August 9, 1980. i 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. 'i Juanita Bratton, reappointed to a 3 year term to August 9, 1979• i Ralph Brown, reappointed to a 3 year term to August 9, 1979• r Kenneth Colborn, reappointed to a 3 year term to August 9, 1979• 1 1 1 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