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