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09-12-1977 MinutesCity of Salina, Kansas Regular Meeting of the Board of Commissioners September 12, 1977 The Regular Meeting of the Board of Commissioners met in the Commissionei Room, on Monday, September 12, 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, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: None The Minutes of the Regular Meeting of August 29, 1977 were approved as printed. THE MAYOR PROCLAIMED the Week of September 17 through 23, 1977 - ''CONSTITUTION WEEK''. The proclamation was read by Anna Laura Miller. STAFF AGENDA BIDS WERE RECEIVED for Engineering Project 77-619, for water and sanitary sewer improvements in Hocking Addition: Stevens Contractors, Inc. $142,971.00 Commence October 15, 1977 and require 90 calendar days Smoky Hill, Inc. 157,053.00 Commence December 1, 1977 and require 180 calendar days Engineer's Estimate 163,335.00 A motion was made by Commissioner Geis, seconded by Commissioner Graves to award the contract to Stevens Contractors, Inc, as the low bidder in the amount of $142,971.00, subject to approval by the City Engineer. Ayes: (5). Nays: (0). Motion carried. BUCHER & WILLIS, Consulting Engineers and Architects reported on bids received September 2, 1977 for the construction of the Bicentennial Community Center, and recommended the contract be awarded to G. E. Johnson Construction Company of Colorado Springs, Colorado as follows: Contractor's Base Bid $5,122,000.00 Alternates Accepted: 1. To install vinyl wall covering in Corridors Nos. 200, 201 & 202 -------------------(ADD) 2,400.00 2. To install vinyl wall covering in Toilets Nos. 112, 114, 206 & 207 ------------- (ADD) 2,800.00 3. To install a quarry tile floor in Kitchen No. 118 ------------------------------ (ADD) 3,500-00 .s' 5. To furnish concrete with integral "warmtone" color for exterior columns, planters, screen walls, etc. ------------------- (ADD) 14,200.00 7. To install the operable wall in Meeting Room No. 116 ------------------------- (ADD) 4,700.00 8. To install two operable walls in Meeting Room No. 203 ------------------------- (ADD) 10,600.00 9. To install two operable walls in Meeting Room No. 208 ------------------------- (ADD) 10,600.00 11. To install a vinyl asbestos tile floor in the Exhibition Hall Space No. 117 ---- (ADD) 8,500.00 12. To install a vinyl asbestos tile floor in Spaces Nos. 136, 156, 158, and 167 --- (ADD) 750.00 13. To install a vinyl asbestos tile floor in Space Nos. 151, 155, 181, and 185 ---- (ADD) 325.00 14. To install a ceramic tile floor and base in Spaces Nos. 152, 153, 154, 182, 183, & 184 --------------------------- (ADD) 1,000.00 16. To connect the roof downspouts to an underground drainage system ---------- (ADD) 16,000.00 17. To provide automatic fire sprinklers in Spaces Nos. 117 and 122 -------------- (ADD) 11,000.00 18. To provide arena aisle lights -------- (ADD) 9,400.00 20. To eliminate radiographic and ultrasonic testing --------------------------- (DEDUCT) 33,500.00 BASE BID AND NET (ADD) TOTAL (ADD) 95,775.00 TOTAL (DEDUCT) 33,500.00 NET (ADD) 62,275.00 $5,184,275.00 A motion was made by Commissioner Simpson, seconded by Commissioner Graves to award the contract to G. E. Johnson Construction Company of Colorado Springs, Colorado, with alternates as recommended by the consulting engineer, and to authorize the Mayor to execute the contract. Ayes: (5). Nays: (0). Motion carried. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of 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." [Zoning Application Z77-8, filed by Mike Losik, III, for the rezoning of Lot 2, Block 6, South Park Addition from District R-1 (Single Family Residential) to R-2.5 (Multiple Family Residential).] A motion was made by Commissioner Geis, seconded by Commissioner Simpson to adopt the ordinance as read and the following vote was had: Ayes: Simpson, Weisgerber, Geis, Graves, Duckers (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8597. The ordinance was introduced for first reading August 22, 1977. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of 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." [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 Simpson, seconded by Commissioner Weisgerber to adopt the ordinance as read and the following vote was had: Ayes: Simpson, Weisgerber, Geis, Graves, Duckers (5)• Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8598. The ordinanc was introduced for first reading August 22, 1977• Commissioner Graves asked if the public will have permanent access on East Lake Drive? Mr. Rawlings explained that a document has been prepared by the City Attorney, executed by the property owners and filed in the Register of Deeds Office guarantying access to the full right-of-way of East Lake Drive. )65 AN ORDINANCE was introduced for second reading entitled: ''AN ORDINANCE providing for the amendment of Section 36-1000(2)D of Zoning Ordinance Number 8526, the same being Chapter 36 of the Salina Code, and repealing the original section.'' [Zoning Application Z77-14, filed by the Salina City Planning Commission relating to open and enclosed parking.] A motion was made by Commissioner Graves, seconded by Commissioner Geis to adopt the ordinance as read and the following vote was had: Ayes: Simpson, Weisgerber, Geis, Graves, Duckers (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8599. The ordinance was introduced for first reading August 22, 1977. A LETTER was received from the City Planning Commission recommending the approval of Zoning Application Z77-15, filed by D. L. Sampson, requesting rezoning of a 21 acre tract of land in the SW/4 of the NW/4 of Section 36-13-3 from Districts A-1 (FP) (Agricultural - Flood Plain), C-5 (FP) (Service Commercial Flood Plain), and 1-3 (FP) (Heavy Industrial - Flood Plain) to 1-3 (FP) (Heavy industrial - Flood Plain), subject to platting of the property. A motion was made by Commissioner Weisgerber, seconded by Commissioner Simpson to accept the recommendation of the City Planning Commission and to approve the zoning application, 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 the final plat of East Lake Estates, as requested in Petition Number 3644 which was filed by James Ward. A motion was made by Commissioner Simpson, seconded by Commissioner Geis to accept the recommendation of the City Planning Commission and approve the final plat of East Lake Estates, and authorize the Mayor to sign. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of the annexation and zoning to A-1 (FP) (Agricultural District - Flood Plain), of 28.85 acres in the NE/4 of Section 35-13-3, requested in Petition Number 3654 filed by John W. Mize. A motion was made by Commissioner Weisgerber, seconded by Commissioner Simpson .to accept the recommendation of the City Planning Commission and approve the annexation and zoning requested in Petition Number 3654, and to introduce the annexation ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: THE CITY ENGINEER filed a feasibility report for street and utility improvements in part of Dow Addition and in part of the Replat of Lot 22, Block 3 and Lot 9, Block 6, Dow Addition, requested in Petition Number 3655, filed by G & K, Inc. A motion was made by Commissioner Simpson, seconded by Commissioner Graves to accept the feasibility report as filed. Ayes: (5). Nays: (0). Motion carried. A STAFF REPORT was received on Petition Number 3470, filed by Gene Musfelt and Merlin Stephens regarding city sewage disposal system in the area of 300 Maple, as ordered by the City Commission at its Special Meeting September 7, 1977. Bill Harris, Deputy City Manager, explained the physical condition and size of the sewer lines, wet wells, manholes, lift stations in the area, and said the property owners were authorized to get off the sewer main they are presently on and run a line, at their own expense, north to a wet well that is approximately 19' - 20' deep. He said the property owners feel it should be at the City's expense. Mr. Harris said there are a number of similar and very difficult situations in the city and there would be no end to that type of approa Mr. Harris, Mr. Olson, Mr. Webster, Merlin Stephens, and Gene Musfelt approached the bench and discussed the problem with the Commissioners. The City Commission and staff decided the first step will be to clear the obstruction in the line under Broadway Boulevard. Mr. Stephens asked for a report when the obstruction has been cleared. Mrs. Radiel was present and declared that the property owners do not neglect their shut off valves. F)O A motion was made by Commissioner Graves, seconded by Commissioner Simpson to accept the report on Petition Number 3470 and to instruct the City Sewer Department to clear the obstruction in the line under Broadway Boulevard, as the first step to eliminating the problem. Ayes: (5)• Nays: (0). Motion carried. THE CITY COMMISSIONERS CONSIDERED the Bylaws of the Salina Arts Commissii A motion was made by Commissioner Graves, seconded by Commissioner Geis to approve the Salina Arts Commission Bylaws. Ayes: (5). Nays: (0). Motion carried. Commissioner Graves thanked Helen Crawford for her many volunter hours in putting the bylaws together. A MOTION was made by Commissioner Simpson seconded by Commissioner Weisgerber to introduce an ordinance for first reading levying special assessments against certain property to pay the cost of constructing certain sidewalks in the parking abutting certain property on Ohio Street and Belmont Boulevard. (Engineering Project 77-622). Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: PUBLIC AGENDA Number: PETITION NUMBER 3657 was filed by Douglas G. Hill for the annexation j of a tract of land in the Mayfair Addition, beginning at a point on the city limits at the south right-of-way line of Oxford Drive; thence east to the east line of Mayfair Addition, thence south on the south (east) boundary of said Mayfair Addition to the south right-of-way line of Nottingham Drive, extended, thence along the south right-of-way line of Nottingham Drive to the (existing) City Limits. A motion was made by Commissioner Geis, seconded by Commissioner Weisgerber to refer the petition to the City Planning Commission for a recommendat Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3658 was filed by V. M. Boyle, 753 South 2nd, to provide an adequate storm sewer escape at the north end of the "water shed for South Salina" at the 400 block of East Crawford, Bond and Front, and Crawford and Front. For the past 15 years residents around these areas and specifically bordered by East Crawford, South Second, Wood and Bond have written, appeared in Commission meetings, repeatedly requested help from the City Manager, City Engineer and City Commissioners... A motion was made by Commissioner Weisgerber, seconded by Commissioner Simpson to accept the petition and refer it to the consulting firm which will be studying the flooding problem of South Salina. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3659 was filed by Kenneth W. Wasserman, for the vacation) of a street known as Avalon Drive, commencing at the intersection of Avalon Drive and Broadway Boulevard, thence in a westerly direction to a point at the intersection of Avalon Drive and Armory Road. A motion was made by Commissioner Simpson, seconded by Commissioner Graves to refer the petition to the City Engineer and City Planning Commission for a recommendation. Ayes: (5). Nays: f (0). Motion carried. on. A CEREAL MALT BEVERAGE license application was filed by Nopton, Inc., d/b/a Ramada Inn for the Club Chalet, 222 East Diamond Drive (New application). The City Clerk reported the applicant has paid the required fee and the applicatio has been approved by the Health Department, Zoning Officer and the Police Departure t. — A motion was made by Commissioner Graves, seconded by Commissioner Simpson to ,f approve the license.application and authorize the City Clerk to issue the license.'! Ayes: (5). Nays: (0). Motion carried. l A REQUEST was received from Richard Courter, President of the Smoky Hills Audubon Society, Salina, Kansas, to be present at the Commission meeting E to support the League of Women Voters park position. Mr. Courter was present and stated the Smoky Hills Audubon Society supports all of the League of Women Voters positions concerning its park and recreation study, and strongly recommends the adoption of # 4 which deals with P'. setting up the park board. He said if the Commission has any questions on people it would like to have help with this, the audubon society in Salina would be very pleased to be asked. 1 1 1 A motion was made by Commissioner Simpson, seconded by Commissioner raves to receive the report of the Audubon Society with regard to the League of 4omen Voters Park Study. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA COMMISSIONER WEISGERBER said this Charter Ordinance would allow the City to issue park improvement bonds for $250,000.00 each year, without a vote Df the people. The present law allows $100,000.00 each year. A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Geis to introduce a Charter Ordinance for first reading, exempting the City of Salina, Kansas, from the provisions of K.S.A. 13-1024a and providing substitute and additional provisions on the same which relate to General Improvements and the issuance of bonds for the purpose of paying for said improvements. Ayes: (5). Nays: (0). Motion carried. Charter Ordinance Passed: Number: THE COMMISSIONERS did not bring anything to the floor for discussion. 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. The meeting adjourned at 5:07 P.M. -�D a1�1111� D. L. Harrison, City Clerk