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08-15-1977 Minutesi,$)c) 004" City of Salina, Kansas Regular Meeting of the Board of Commissioners August 15, 1977 The Regular Meeting of the Board of Commissioners met in the Commissioned s' Room, City -County Building, on Monday, August 15, 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: printed. Absent: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk None The Minutes of the Regular Meeting of August 8, 1977 were approved as STAFF AGENDA AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the vacation of a portion of Kenwood Park which is now being used as a public Street." A motion was made by Commissioner Simpson, seconded by Commissioner Graves to adopt the ordinance as read and the following vote was had:l Ayes: Graves, Simpson, Weisgerber, Geis, Duckers (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8585. The ordinance was introduced for first reading August 8, 1977. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE levying a special assessment against certain lots and pieces of property to pay the cost of abatement of nuisances.'' A motion was made by Commissioner Geis, seconded by Commissioner Weisgerber to adopt the ordinance as read and the following vote was had: Ayes: Graves, Simpson, Weisgerber, Geis, Duckers (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 5586. The ordinance was introduced for first reading August 8, 1977. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE' levying a special assessment 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." A motion was made by Commissione Graves, seconded by Commissioner Simpson to adopt the ordinance as read and the following vote was had: Ayes: Graves, Simpson, Weisgerber, Geis, Duckers (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8587. The ordinance was introduced for first reading August 8, 1977. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE approving, adopting and appropriating, by fund, the Budget of the City of Salina, for the year beginning January 1, 1978." A motion was made by Commissioner Weisgerber, seconded by Commissioner Simpson to adopt the ordinance as read and the following vote was had: Ayes: Graves, Simpson, Weisgerber, Geis, Duckers (5) Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8588. The ordinance was introduced for first reading August 8, 1977. 1 1 1 1 333 AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Zoning Ordinance 8526, the same being Chapter 36 of the Salina Code, and the zoning district map therein and hereby adopted and providing for the rezoning of certain property within the City and prescribing the proper uses thereof." (Zoning Application Z77-10 filed by David Werth for the rezoning of Lot 16, Block 9 and Lots 1 through 9, Block 10, Replat of Faith Addition from "R-1" (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: Graves, Simpson, Weisgerber, Duckers (4). Nays: Geis (1). Carried. The Mayor approved the ordinance and it is numbered 8589. The ordinance was introduced for first reading August 8, 1977. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing and ordering certain water main and services, Main Sanitary Sewer "AW" and Pump Station and lateral sanitary sewer improvements, ordering preparation of plans and specifications, and estimated costs. (Improvement in Hocking Addition, Engineering Project 77-619). A motion was made by Commissioner Graves, seconded by Commissioner Geis to adopt the resolution as read and the following vote was had: Ayes: Graves, Simpson, Weisgerber, Geis, Duckers (5). Nays: (0). Motion carried. The Mayor approved the resolution and it is numbered 3335. THE CITY ENGINEER filed plans and specifications for Engineering Project 77-619 for utility improvement in Hocking Addition, which were requested in Petition Number 3638. A motion was made by Commissioner Weisgerber, seconded by Commissioner Simpson to accept the plans and specifications as filed by the City Engineer. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Simpson to set the date of August 29, 1977 as the date to receive bids on Engineering Project 77-619, and instruct the City Clerk to advertise for bids. Ayes: (5). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing and ordering certain curbing, guttering, paving, grading, water main and services and sanitary sewer improvements, ordering preparation of plans and specifications, and the estimate of costs. (Improvements in Oakdale, Wallerius and Nord Additions, Engineering Project 77-625). Commissioner Simpson, "I'm curious, Larry, from a legal standpoint, I don't know if there is anything that can be done, I notice in the paper this evening, our list of delinquent tax statements for 1977, many, many undeveloped lots in these subdivisions. It seems sometimes it would be nice to have some sort of way to provide that those taxes be paid before in those undeveloped areas prior to the installation of additional facilities, streets, sewers, water and this type of thing." City Attorney L. 0. Bengtson, "I don't think there is anything that says that the taxes have to be paid before you do these things. This is a matter of discretion, if you do go ahead and develop other areas, including streets, you can do this; you can certainly have discretion also, saying no, we have no need for it at this point." Commissioner Simpson, "We have an opportunity to look at this list, and it certainly is a long list, lots of undeveloped lots, I'm sure the utilities, and so forth are on the tax rolls.` City.Attorney L.O. Bengtson, "The County, of course, takes care of this legally, through the tax for�losure process, however, it is four years before they can do it and there is certainly a lag in which the City has to keep paying the bond and interest payments." Commissioner Simpson, "They can pay the oldest year's tax, within three years delinquent, and still keep the thing alive.`, City Attorney, L. 0. Bengtson, "I'm sure a lot of them are using this as a method of financing their development.o Commissioner Geis: "Are you suggesting then, that we take this into consideration in the future on some of these resolutions? ►)•,4 Commissioner Simpson, "I think some consideration should be given at th time, not to stifle future development, but the city at large is paying for the bond principal and interest in these undeveloped areas, and here we are asking for additional improvements to be installed and further compound the present situation in which the city at large pays." City Attorney, L. 0. Bengtson, "This was one of the rationalities behind this resolution we adopted a few years ago, in which we required the developer to put up 50%, on the theory that he would not be quite as likely to let it go for taxes." Commissioner Simpson, "At least we have that much of the taxes paid." A motion was made by Commissioner Simpson, seconded by Commissioner Graves to adopt the resolution as read and the following vote was had: Ayes: Graves, Simpson, Weisgerber, Geis, Duckers (5)• Nays: (0). Motion carried. The Mayor approved the resolution and it is numbered 3336• THE CITY ENGINEER filed plans and specifications for Engineering Project 77-625 for street and utility improvements in Oakdale, Wallerius and Nord Additions, which were requested in Petitions Numbered 3642, 3639 and 3640. A motion was made by Commissioner Geis, seconded by Commissioner Simpsonto accept the plans and specifications as filed by the City Engineer. Ayes: (5)• Nays: (0). Motion carried. A MOTION was made by Commissioner Geis, seconded by Commissioner Simpson to set the date of August 29, 1977 as the date to receive bids on Engineering Project 77-625, and instruct the City Clerk to advertise for bids. Ayes: (5)• Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing the temporary investment of approximately $1,270,000.00 of idle funds of the City of Salina, Kansas." A motion was made by Commissioner Weisgerber, seconded by Commissioner Graves to adopt the resolution as read and the following vote was had: Ayes: Graves, Weisgerber, Geis, Duckers (4). Nays: (0). Commissioner Simpson abstained. Carried. The Mayor approved the resolution and it is numbered 3337• A MOTION was made by Commissioner Graves, seconded by Commissioner Simpson to introduce an ordinance for first reading annexing certain land to the City of Salina, Kansas, in conformity with provisions of K.S.A. 12-520. (NEI/4, NEI/4, 19-14-2, Roselawn Cemetery) Ayes: (5)• Nays: (0). Ordinance Passed Number — A MOTION was made by Commissioner Geis, seconded by Commissioner Weisgerber to introduce an ordinance for first reading annexing certain land to the City of Salina, Kansas, in conformity with provisions of K.S.A. 12-520. (Kessler Addition) Ayes: (5). Nays: (0). Ordinance Passed Number STAFF AGENDA A LETTER was received from the Citizen's Advisory Committee recommending the following changes in the Housing Conservation and Winterization Program: 1. That the grant and loan limits in the Conservation (Rehabilitation) Program be increased from $5,000 and $12,500. The primary purpose for this request is to cover both increased costs of materials and to more accurately reflect the type of work required on most homes with which the program has been dealing. 2. The present income guidelines now in effect in both the Rehabilitation Program and the Winterization Program be allowed to rise periodically in conjunction with HUD/FHA adopted Below Market Interest Rate (BMIR) income limits which are determined for Saline County approximately annually. 1 1 '335 Commissioner Simpson asked if City Planner, Keith Rawlings had worked out any projection as to what this would do for the program. City Planner, Keith Rawlings said he had not, in numbers, as far as the applications we've had, we are talking about the size of the grants. That's probably the most critical part of it to us. The ones that we've gotten into that we couldn't handle with a $5,000 limit, this would cover all those cases. Commissioner Simpson asked if those people would have to reapply or would they be contacted and was assured that the people would be recontacted. A motion was made by Commissioner Geis, seconded by Commissioner Simpson to accept the letter and approve the recommendations of the Citizen's Advisory Committee. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3650, filed by Elwood Jarrett for Butler Manufacturing Company requesting 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 and recommended that this section of Front Street be vacated as a street right-of-way, but retained as a utility easement for the City. A motion was made by Commissioner Simpson, seconded by Commissioner Weisgerber to accept the City Engineer's report and approve the vacation of Front Street from the southeast corner of Lot 3, Block 12, to the northeast corner of Lot 2, Block 12, of the Northeast Industrial Park as a street right-of-way, but retain it as a utility easement and to introduce the ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number A RE-EVALUATION of the change in the signals at Santa Fe and Iron intersection in accordance with the May 9, 1977 minutes. The City Engineer recommended leaving the signals as is, with no right turn arrows, citing that there are fewer complaints and there have been no accidents, although there seem to be more illegal left turns. A motion was made by Commissioner Weisgerber, seconded by Commissioner Graves to accept the recommendation of the City Engineer to leave the signal as is in this intersection. Ayes: (5). Nays: (0). Motion carried. PUBLIC AGENDA PETITION NUMBER 3651 was filed by Gary J. Woodward, 517 Otto, for sidewalks in the 500 block of Otto, on both sides, and in front of 518 Venus in Wallerius Addition. A motion was made by Commissioner Simpson, seconded by Commissioner Graves to refer the petition to the City Engineer. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3652 was filed by Lyle E. and Anna M. Lightfoot for the vacation of the West 10 feet of North Front Street (Adjacent to Lot 1, Block 7, 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). CEREAL MALT BEVERAGE license Applications were filed by: William N. Saylor, d/b/a Bill's Mobil Service, 1-135 and West Crawford. (New Application) Larry L. McBride, d/b/a Daisy May's, 409 South Broadway. (New Application) 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 Simpson, seconded by Commissioner Geis to approve the license applications and authorize the City Clerk to issue the licenses. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3653 was filed by Cynthia Laughman for the extension of Edward Street in Twin Oaks Addition across the railroad tracks to meet Hartland Street at Robin Road. A motion was made by Commissioner Weisgerber seconded by Commissioner Simpson to refer the petition to the City Engineer. Ayes: (5). Nays: (0). Motion carried. 61 36 PETITION NUMBER 3654 was filed by John W. Mize for inclusion in the City Limits of the following described property: That portion of the East Eighty-four (E84) acres of the Northeast Quarter (NEI/4) of Section Thirty-five (35), Township Thirteen (13) South, Range Three (3) West of the 6th P. M. (''Tract in Saline County, Kansas, not already included in the City Limits. A motion was made by Commissioner Graves, seconded by Commissioner Simpson to refer the petition to the City Planning Commission and the City Engineer. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Simpson to add appointments to boards and commissions to the agenda for consideration. Ayes: (5)• Nays: (0). Motion carried. The Mayor, with the approval of the Board of Commissioners made the following appointments: Citizen' Advisory Committee Area B - Jan Myers, appointed to fill the unexpired term of Donna Banman to November 25, 1978. Recreation Commission Tom Runyon, reappointed to a 4 year term to June 30, 1977. A MOTION was made by Commissioner Simpson, seconded by Commissioner Graves that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5)• Nays: (0). Motion carried. &�Z LA/L 'A D. L. Harrison, City Clerk W