08-22-1977 Minutes1
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City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
August 22, 1977
The Regular Meeting of the Board of Commissioners met in the Commissioners'
Room, City -County Building, on Monday, August 22, 1977, at four o'clock p.m. i
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
M. E. Abbott, Acting City Clerk
Absent:
D. L. Harrison, City Clerk
The Minutes of the Regular Meeting of August 15, 1977 were approved as
printed.
THE MAYOR ISSUED A PROCLAMATION in recognition of the Salina Babe Ruth
13 year old All -Stars, the 1977 Kansas State Champions.
STAFF AGENDA
A PUBLIC HEARING was held on the proposed assessments for the improvement
in 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
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
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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 Commissioner
on the 19th day of April, 1976
No protests, written or oral, were filed, and no changes were made in
the proposed assessment.
A motion was made by Commissioner Simpson, seconded by Commissioner
Graves to approve the assessments and introduce the assessment ordinance
for first reading. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed:
Number:
A PUBLIC HEARING was held on the proposed assessments for the improvements
in Engineering Project 77-613:
Curbing, guttering, paving and grading of VICTORIAL HEIGHTS DRIVE.
Curbing, guttering, paving and grading of VICTORIA HEIGHTS TERRACE.
Water main and services
Lateral Sanitary Sewer 557
as authorized by Resolution Number 3306, passed by the Board of Commissioner
on the 7th day of February, 1977.
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No protests, written or oral, were filed, and no changes were made in
the proposed assessment.
A motion was made by Commissioner Graves, seconded by Commissioner
Geis to approve the assessments and introduce the assessment ordinance for first
reading. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed:
Number:
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 thereby adopted and
providing for the rezoning of certain property within the City and prescribing
the proper uses thereof." [Z77-11 filed by Charles and Mary Fox for the rezoning
of the North 50 feet of Lot 4, Fifth Street, Holland's Addition from "R-3"
(Multiple Family Residential) to "C-3" (Shopping Center).] 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 8590. The ordinance was introduced for first reading August 8, 1977.
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 thereby adopted and
providing for the rezoning of certain property within the City and prescribing
the proper uses thereof." [Z77-12 filed by William Reimold for the rezoning of
Lot 7, Block 6, Shalimar Plaza Addition Addition from "C-1" (Restricted Business)
to "C-3" (Shopping Center).] A motion was made by Commissioner Simpson, seconded
by Commissioner Graves 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 8591. The ordinance was
introduced for first reading August 8, 1977.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
annexing certain land to the City of Salina, Kansas, in conformity with the
provisions of K.S.A 12-519 to 12-526 inclusive. [NE 1/4 NE 1/4 19-14-2, Roselawn
Cemetery] A motion was made by Commissioner Weisgerber, seconded by Commissioner
Geis 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 8592. The ordinance was introduced
for first reading August 15, 1977.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
annexing certain land to the City of Salina, Kansas, in conformity with the
provisions of K.S.A. 12-519 to 12-526 inclusive. [Kessler Addition]. A motion
was made by Commissioner Geis, 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 8593. The ordinance was introduced for first
reading August 15, 1977.
AN ORDINA14CE was introduced for second reading entitled: "AN ORDINANCE
providing for the vacation of a portion of Front Street, a public street in the
City of Salina, Saline County, Kansas." [Requested in Petition Number 3650
filed by Butler Manufacturing Company.] 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, Geis, Duckers
(5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered
8594. The ordinance was introduced for first reading August 15, 1977.
A RESOLUTION was introduced and passed entitled: "A RESOLUTION
establishing the Service Fees to be charged for the use of the Solid Waste
Disposal Area, amending Resolution Number 3161, and repealing the original
resolution." A motion was made by Commissioner Geis, seconded by Commissioner
Simpson to adopt the Resolution as read and to instruct the City Clerk to have
the resolution published August 31, 1977, so the rates will become effective
September 1, 1977. Ayes: Graves, Simpson, Weisgerber, Geis, Duckers (5). Nays:
(0). Carried. The Mayor approved the Resolution and it is numbered 3338.
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A LETTER was received from the City Planning Commission recommending
the amendment and approval of Zoning Application Z77-8, filed by Mike Losik, III,
for rezoning of Lot 2, Block 6, South Park Addition from District R-1 (Single
Family Residential) to District R-3 (Multiple Family Residential) and that the
request be amended and approved for R-2.5 (Multiple Family Residential). A
motion was made by Commissioner Weisgerber, seconded by Commissioner Geis to
accept the recommendation of the City Planning Commission and approve the rezonin(.
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 approval of Zoning Application Z77-13 filed by James and Eleanor Ward and
Ronald and Maurine Barta for the rezoning of part of Lots 7 and 8, Mount Barbara
Park Addition and part of Surveyor's Plat 34 from District R (Single Family
Residential) to R-1/P.D.D. (Single Family Residential/Planned Development District
A motion was made by Commissioner Geis, seconded by Commissioner Graves to
accept the recommendation of the City Planning Commission and approve zoning
request Z77-13 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 approval of Zoning Application Z77-14 filed by Salina City Planning Commissi
to amend Section 36-1000(2)D of the Salina Code, regarding Open and Enclosed
Parking. A motion was made by Commissioner Graves, seconded by Commissioner
Simpson to accept the recommendation of the City Planning Commission and approve
Zoning Application Z77-14 and to introduce the ordinance for first reading.
Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed: Number:
A LETTER was received from Charles W. Marsh, Chairman of the Salina
Human Relations Commission to discuss 11Proposed Negotiations with the Saline
County Commission to form a City -County Human Relations Commission and Department,
Dr. Marsh was present and presented the Commission with a written
report of supportive information.
"I. The primary goals of a human relations agency are:
A. To assist all components of a community into better relationships.
B. To promote a better understanding of civil rights laws.
C. To promote a better compliance with civil rights laws and regulations.
"2. The Salina Human Relations Commission (SHRC) believes that Saline County
residents and/or workers should have access to a local human relations
commission (HRC) and department (HRD) rather than being referred to a state
commission.
"3. Using the city -county health department, which was formed and funded by a
joint city -county resolution, as an effective precedent, it is our belief
that a joint HRC would be more functional and economical than two separate
agencies.
114. A city -county HRC and HRD should be developed with the existing SHRC and
SHRD as a nucleus with the present director continuing in his position.
The director, his staff, and the commission would be responsible to both
city and county governments.
"5. If a city -county HRD were created much of the director's time would be
required initially for administrative and organizational duties. An expand
staff would be required. As the case load and affirmative action programs
(AAP) increase with the SHRD a need for additional staff is inevitable (and
probably overdue). A joint agency would increase the revenue base for an
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expanded staff. It is suggested that while a city -county agency would
increase area jurisdiction considerably that case load and AAP's would not
increase proportionally. A departmental staff consisting of a director, a
field representative, an AAP compliance person, and two clerk -typists is
suggested as a minimum staffing goal. The SHRC will probably recommend
this staff increase for the SHRD prior to adoption of the next city budget
if a joint department is not formed.
"6. Case load history of SHRD:
1974 (7 mo.) 23 formal complaints investigated and resolved.
1975 54
1g76 72
It must be emphasized that formal cases alone represent only a part of the
total outreach and responsibility of the SHRD.
"7. A four state review of the annual case load per investigator in statewide
civil rights agencies follows:
KANSAS CCR ---- 26 investigations per investigator per year.
Nebraska CCR -- 31
Missouri CCR -- 23
Iowa ---------- 25
"8. Since May, 1976 the SHRD has had the increased responsibility of designing,
assisting, and reviewing AAP's for the City of Salina and certain contractors
doing business with the city with no increase in staff.
"9. The SHRC believes that Salina and Saline County taxpayers and citizens
endorse the concept of intergovernmental cooperation as an efficient method
of providing services at the lowest possible cost.
"10. A joint commission of no more than 9 or 11 members is suggested."
The Commissioners discussed the procedure to be used in the pursuit of
the combined commission.
Rev. Jones, Marion Klema, and Shirley Jacques, Human Relations Commission
members were also present.
A motion was made by Commissioner Simpson, seconded by Commissioner
Geis that the Mayor meet with the Chairman of the County Commission and set up a
meeting with two representatives from each body and pursue it from there, and to
keep the tri -governmental council advised of what is going on and when they need
the expertise, they would bring in the Human Relations Commission. Ayes: (5).
Nays: (0). Motion carried. j
Mayor Duckers thanked Dr. Marsh and the members of the Human Relations
Commission for their interest and report.
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GEORGE WOOD, Administrative Intern, reported on a request from Tyrone
Clincy and Jimmy Briscoe for the City to construct a skateboard park. He discusseld
the background of skatboarding, health and safety, level of participation and
government involvement, design, cost of construction, operation and maintenance,
liability, injuries, and gave the City Commission four alternatives: 1. No
involvement, but might consider trying to interest a local entrepreneur; 2. Rent
the land to an individual on a concession basis, 3. Invest in a portable park
unit, either charging an admission fee or allowing free admittance, 4. Constructing
a permanent skatepark facility, either charging an admission fee or allowing
free admittance.
A motion was made by Commissioner Graves, seconded by Commissioner
Simpson to accept the report and endorse alternate 1, with no (city) involvement,
but consider trying to interest a local entrepreneur. Ayes: (5). Nays: (0).
Motion carried.
Miss Amy Graves was present favoring city involvement in a skateboard
park.
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PUBLIC AGENDA
PETITION NUMBER 3655 was filed by G s K, Inc., by George Etherington
for curbing, guttering, paving, water service and sanitary sewer improvements
for certain lots in Dow Addition, and in the Replat of Lot 22, Block 3, and Lot
9, Block 6, Dow Addition. A motion was made by Commissioner Simpson, seconded
by Commissioner Geis to refer the petition to the City Engineer for a report.
Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3656 was filed by John Mize for approval of the subdivis
plat of Interstate District North of 1-70. (North of Diamond Drive and west of
9th Street). A motion was made by Commissioner Graves, seconded by Commissioner
Geis to refer the petition to the City Engineer and City Planning Commission.
Ayes: (5). Nays: (0) Motion carried.
CEREAL MALT BEVERAGE License applications were filed by:
1. Wehmeier's Bakery, Inc., d/b/a Wehmeier's New Deli and Bakery,
127 South Santa Fe (New application)
2. Wehmeier's Bakery, Inc., d/b/a Wehmeier's New Deli and Bakery -
East, 1300 East Iron (New application)
3. Sharon Kay Simmons, d/b/a 18 Wheeler Bar, 101 1/2 North Broadway,
(New application)
The Acting City Clerk reported the applicants have paid the required
fee and the applications have been approved by the Health Department, Zoning
Officer and the Police Department. A motion was made by Commissioner Simpson,
seconded by Commissioner Graves to approve the license applications and authorize
the City Clerk to issue the licenses. Ayes: (5). Nays: (0). Motion carried.
COMMISSION AGENDA
MAYOR DUCKERS asked the Commissioners to meet in executive session to
discuss appointments to boards and commissions.
A MOTION was made by Commissioner Graves, seconded by Commissioner
Simpson to recess into executive session to discuss appointments to boards and
commissions. Ayes: (5)• Nays: (0). Motion carried.
The Commission recessed at 5:09 P.M. and reconvened at 6:03 P.M.
THE MAYOR, with the approval of the Board of Commissioners made the
following appointments:
Board of Building Appeals
Jim Lytle appointed to succeed Glenn Merriman for a 5 year term to
August 17, 1981.
Human Relations Commission
Rev. J. E. Jones, reappointed for a 3 year term to June 7, 1980.
A MOTION was made by Commissioner Graves, seconded by Commissioner
Simpson that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (5)• Nays: (0). Motion carried. The Meeting was adjourned at 6:05 P.M.
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M. E. Abbott, Acting City Clerk
on