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02-10-1975 Minutes26 City of Salina, Kansas Regular Meeting of the Board of Commissioners February 10, 1975 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, February 10, 1975, 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 W. M. Usher, Chairman presiding Commissioner Robert C. Caldwell Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. 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 February 3, 1975, were approved as printed. THE MAYOR PROCLAIMED the Week of February 16 through 22, 1975 - "ENGINEER'S WEEK". The proclamation was read by Jim Dowell, Public Relations Chairman of the Smoky Valley Chapter of the Kansas Engineering Society. THE MAYOR PROCLAIMED the Week of February 9 through 15, 1975 - "OFFICE EDUCATION ASSOCIATION WEEK". The proclamation was read by Barbara Pippin, Instructor of the Cooperative Vocation Class at Salina High School South. STAFF AGENDA AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas, for the purpose of paying a portion of the cost of concrete paving, curbing, guttering, sidewalks and landscaping." (Engineering Project 74-560 - Community Theatre Site). A motion was made by Commissioner Cooper, seconded by Commissioner Losik that the ordinance be adopted as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerber, Usher (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8421. The ordinance was introduced for first reading February 3, 1975. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas, for the purpose of paying a portion of the cost of: Paving and grading of Fairdale Road from Country Hills Road to Fairdale Court. Paving and grading of Fairdale Court from Fairdale Road to the Fairdale Court cul-de-sac. Paving and grading of Country Hills Road from Marymount Road to the Country Hills cul-de-sac. 2'7 Installation of water mains and service lines to serve Lot 1, Block 1; Lots 3 through 16, Block 2, Lots 1 through 20, Block 3, Country Hills Addition Number 2 to the City of Salina, Kansas (Engineering Project 74-564). A motion was made by Commissioner Losik, seconded by Commissioner Cooper to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerber, Usher (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8422. The ordinance was introduced for first reading February 3, 1975 AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas, for the purpose of paying a portion of the cost of: Curbing, guttering, paving and grading of Planet Avenue; adjacent to the North 300 feet of Lot 8, Block 2, Wallerius Addition. Water service for the South 100 feet of the North 300 feet of Lot 8, Block 2, Wallerius Addition Curbing, guttering, paving and grading of Century Plaza Drive in Meadowlark Acres Addition Number 2." (Engineering Project 74-567). A motion was made by Commissioner Weisgerber, seconded by Commissioner Caldwell to adopt the ordinance as read and the followin vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerber, Usher (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8423. The ordinanc was introduced for first reading February 3, 1975. THE CITY CLERK reported the assessment rolls are ready for the following improvements, to -wit: (Engineering Project 74-569) Curbing, guttering, paving, grading, water main and service lines and sanitary sewer and service lines to be installed in Bret Avenue from Neal Avenue South and East to the existing pavement; Patty Drive from Bret Avenue to Scott Avenue; Scott Avenue from Patty Drive to Melanie Lane. Curbing, guttering, paving, grading, water main and service lines and sanitary sewer and service lines to be installed on Linda Lane from Neal Avenue South to the south line of Bonnie Ridge Addition as authorized by Resolution Number 3183, passed by the Board of Commissioners on the 22nd day of April, 1974. The assessments have been determined and the final costs have been filed by the City Engineer. A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to instruct the City Clerk to publish notice in the official city newspaper at least once not less than ten days prior to the date of February 24, 1975, the date set for the hearing on said assessments, and that at the same time notice is published, to mail to the owners of property made liable to pay the assessment at their last known post office address, a notice of the hearing and a statement of the cost proposed to be assessed against the land so owned and assessed. Ayes: (5). Nays: (0). Motion carried. Installation of sanitary sewer main and service line to serve Lot 1, Block 1; Lots 2 through 21, Block 2; Lots 1 through 21, Block 3, Country Hills Addition Number 2 to the City of Salina, Kansas. Installation of sanitary sewer main to serve all lots in Blocks 1, 2, 3, Georgetown Addition to the City of Salina, Kansas." (Engineering Project 74-564). A motion was made by Commissioner Losik, seconded by Commissioner Cooper to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerber, Usher (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8422. The ordinance was introduced for first reading February 3, 1975 AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas, for the purpose of paying a portion of the cost of: Curbing, guttering, paving and grading of Planet Avenue; adjacent to the North 300 feet of Lot 8, Block 2, Wallerius Addition. Water service for the South 100 feet of the North 300 feet of Lot 8, Block 2, Wallerius Addition Curbing, guttering, paving and grading of Century Plaza Drive in Meadowlark Acres Addition Number 2." (Engineering Project 74-567). A motion was made by Commissioner Weisgerber, seconded by Commissioner Caldwell to adopt the ordinance as read and the followin vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerber, Usher (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8423. The ordinanc was introduced for first reading February 3, 1975. THE CITY CLERK reported the assessment rolls are ready for the following improvements, to -wit: (Engineering Project 74-569) Curbing, guttering, paving, grading, water main and service lines and sanitary sewer and service lines to be installed in Bret Avenue from Neal Avenue South and East to the existing pavement; Patty Drive from Bret Avenue to Scott Avenue; Scott Avenue from Patty Drive to Melanie Lane. Curbing, guttering, paving, grading, water main and service lines and sanitary sewer and service lines to be installed on Linda Lane from Neal Avenue South to the south line of Bonnie Ridge Addition as authorized by Resolution Number 3183, passed by the Board of Commissioners on the 22nd day of April, 1974. The assessments have been determined and the final costs have been filed by the City Engineer. A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to instruct the City Clerk to publish notice in the official city newspaper at least once not less than ten days prior to the date of February 24, 1975, the date set for the hearing on said assessments, and that at the same time notice is published, to mail to the owners of property made liable to pay the assessment at their last known post office address, a notice of the hearing and a statement of the cost proposed to be assessed against the land so owned and assessed. Ayes: (5). Nays: (0). Motion carried. n 1 u A LETTER was received from the City Planning Commission recommending the denial of Petition Number 3464, which was filed by Larry L. James, requesting the rezoning of Lots 13, 15, 16, Block 3, Mayfair Addition from District "A" (Second Dwelling House District) to District "DD" (Office District). A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to accept the recommendation of the City Planning Commission and deny the petition for rezoning Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the denial of Petition Number 3465, which was filed by John Weckel, requesting the rezoning of Lot 14, Block 3, Mayfair Addition from District "A" (Second Dwelling House District) to District "DD" (Office District). John Weckel was present and asked the petition be referred back to the City Planning Commission for reconsideration as there was no opposition to the rezoning of the property requested in this petition. Mayor Usher explained in order for the City Commission to return the petition to the City Planning Commission for reconsideration, they need some definite reason, and the lack of opposition is insufficient. He asked if he had any additional information to present. Mr. Weckel said he had no information that wasn't presented in the original petition to the Planning Commission. A motion was made by Commissioner Caldwell, seconded by Commissioner Weisgerber to accept the recommendation of the City Planning Commission and deny the petition for rezoning. Ayes: (5). Nays: (0). Motion carried. None COMMISSION AGENDA PUBLIC AGENDA PETITION NUMBER 3470 was filed by Gene Musfelt and Merlin Stephens for the instigation of immediate corrective action by the City at the City's expense in regard to defects, improper installation and/or use of the city sewage disposa system in the area of 300 Maple, Salina, Kansas, that the public interest demands that the situation be corrected for the following reasons: (1) That in its present state the sewer system is causing water to be backed or forced into several residences when rain is received and when the sewer becomes plugged at some location; further that under some conditions when a pump motor comes on it pumps water into residential basements. (2) That considerable damage is being caused to local residences both in property loss and financial losses in repairs. (3) That the public welfare is endangered because of the waste water being forced or pumped or which back flows into residential units and that the same presents a substantial health hazard. Mr. Musfelt and Mr. Stephens were both present and expressed their concern about the sewer backing up in their basements and damaging their appliances and other belongings. After some discussion, a motion was made by Commissioner Weisgerber, seconded by Commissioner Losik to refer the petition to the City Engineer and to the Water and Sewerage Department for a study and a report back. Ayes: (5). Nays: (0). Motion carried. r�+J A TREE TRIMMING LICENSE APPLICATION was filed by Roy Willey, d/b/a Willey's Lawn and Tree Service, 828 North Third Street. The City Clerk reported the applicant has paid the required fee and has the required surety bond and public liability insurance on file. A motion was made by Commissioner Losik, seconded by Commissioner Weisgerber to approve the license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Losik, seconded by Commissioner Caldwell that the regular meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. S �iL�VN/LC'"J D. L. Harrison, City Clerk 1