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08-22-1977 Minutes1 u '137 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 s 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. 1 1 1 F)39 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. 1340 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 1 1 P)41 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. I 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. '149 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. 21 M. E. Abbott, Acting City Clerk on