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06-02-1975 Minuteswa City of Salina, Kansas Regular Meeting of the Board of Commissioners June 2, 1975 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, June 2, 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 Robert C. Caldwell, Chairman presiding Commissioner Keith G. Duckers Commissioner Gerald F. Simpson Commissioner W. M. Usher 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 May 19, 1975 were approved as pri nted. STAFF AGENDA BIDS WERE RECEIVED on Engineering Project 75-590 for improvements in Georgetown Addition, Twin Oaks Sub -division, Van Horne Water Main, and paving and grading of Fairdale Road: PART I - Water and Sanitary Sewer Brown and Brown, Inc., and Smoky Hill, Inc. $104,986.50 Earth Excavation, Inc. 108,244.52 Stevens Contractors, Inc. 123,882.50 J. S. Frank Construction Company, Inc. 142,314.60 Engineer's Estimate 159,926.00 PART II - Asphaltic Pavement Alternate Brown and Brown, Inc., and Smoky Hill, Inc. $213,420.00 Engineer's Estimate 264,956.00 PART II - Concrete Pavement Alternate J. S. Frank Construction Company, Inc. $252,090.00 Engineer's Estimate 264,956.00 A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to award the contract to Brown and Brown, Inc., and Smoky Hill, Inc., for Part I in the amount of $104,986.50 and Part II for asphaltic pavement alternate in the amount of $213,420.00 providing the proposal meets the Engineer's plans and specifications. Ayes: (5). Nays: (0). Motion carried. Wilson Constructors, Inc. $18,850.00 J. S. Frank Construction Company, Inc. 22,302.00 Engineer's Estimate 26,400.00 A motion was made by Commissioner Simpson, seconded by Commissioner Usher to award the contract to Wilson Constructors, Inc., in the amount of $18,850.00, providing the proposal meets the Engineer's plans and specifications. Ayes: (5). Nays: (0). Motion carried. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Zoning Ordinance Number 6613 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." (For the rezoning of Lots 1 and 2, Block 1; Lot 1, Block 6; and all of Block 7, Parkwood Village Addition from District "EE" (Local Service District) to District "D" (Local Business District) requested in Petition Number 3480 filed by Presley Builders, Inc.) A motion was made by Commissioner Usher, seconded by Commissione Duckers to adopt the ordinance as read and the following vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8434. The ordinance was introduced for first reading May 12, 1975. THE CITY MANAGER REPORTED on a request from William Hoeffner made on May 19, 1975 for amendments to Sections 6-48; 6-50; 6-61; 6-61.1 of the Salina Code regarding cereal malt beverages. Mr. Olson reported he had met with the Chief of Police and City Attorn and discussed the requested changes, and they are recommending that the City Commission accept the proposed changes for Section 6-50 to allow for private party rooms, Section 6-61 to allow a place of business to be other than on the first floor, and that curtains be allowed at the windows, and Section 6-61.1 to allow dancing. That the recommendation is not to be construed to allow topless, go-go, nude or show dancing; and that the taverns be licensed to permit dancing. They recommended that Section 6-48 be retained in its present form. Mr. William Hoeffner was present and said he agrees with the stipulatio on the dancing. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to instruct the City Attorney to draft the necessary changes in the ordinance to agree with the recommendations of the City Manager and the Chief of Police. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission informing the City Commission it had reconsidered Petition Number 3481 which was filed by Mrs. Izetta M. Lamer for the rezoning of Lots 28, 30, and 32, Block 2, Episcopal Military Institute Addition from District "B" (Two -Family Dwelling House District) to District "D" (Local Business District) and that it stands on its previous recommendation for denial of the petition. BIDS WERE RECEIVED on Engineering Project 75-591 for sanitary sewer extension to serve Lots 1 through 5, Block 1, Wights Addition: Stevens Contractors, Inc. $2,775.00 Earth Excavation, Inc. 2,952.50 J. S. Frank Construction Company, Inc. 3,251.00 Engineer's Estimate 3,050.00 A motion was made by Commissioner Usher, seconded by Commissioner Duckers to award the contract to Stevens Contractors, Inc., in the amount of $2,775.00 providing the proposal meets the Engineer's plans and specifications, and to introduce the contract ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: BIDS WERE RECEIVED on Engineering Project 75-592 for tennis courts in Oakdale Park: Wilson Constructors, Inc. $18,850.00 J. S. Frank Construction Company, Inc. 22,302.00 Engineer's Estimate 26,400.00 A motion was made by Commissioner Simpson, seconded by Commissioner Usher to award the contract to Wilson Constructors, Inc., in the amount of $18,850.00, providing the proposal meets the Engineer's plans and specifications. Ayes: (5). Nays: (0). Motion carried. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Zoning Ordinance Number 6613 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." (For the rezoning of Lots 1 and 2, Block 1; Lot 1, Block 6; and all of Block 7, Parkwood Village Addition from District "EE" (Local Service District) to District "D" (Local Business District) requested in Petition Number 3480 filed by Presley Builders, Inc.) A motion was made by Commissioner Usher, seconded by Commissione Duckers to adopt the ordinance as read and the following vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8434. The ordinance was introduced for first reading May 12, 1975. THE CITY MANAGER REPORTED on a request from William Hoeffner made on May 19, 1975 for amendments to Sections 6-48; 6-50; 6-61; 6-61.1 of the Salina Code regarding cereal malt beverages. Mr. Olson reported he had met with the Chief of Police and City Attorn and discussed the requested changes, and they are recommending that the City Commission accept the proposed changes for Section 6-50 to allow for private party rooms, Section 6-61 to allow a place of business to be other than on the first floor, and that curtains be allowed at the windows, and Section 6-61.1 to allow dancing. That the recommendation is not to be construed to allow topless, go-go, nude or show dancing; and that the taverns be licensed to permit dancing. They recommended that Section 6-48 be retained in its present form. Mr. William Hoeffner was present and said he agrees with the stipulatio on the dancing. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to instruct the City Attorney to draft the necessary changes in the ordinance to agree with the recommendations of the City Manager and the Chief of Police. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission informing the City Commission it had reconsidered Petition Number 3481 which was filed by Mrs. Izetta M. Lamer for the rezoning of Lots 28, 30, and 32, Block 2, Episcopal Military Institute Addition from District "B" (Two -Family Dwelling House District) to District "D" (Local Business District) and that it stands on its previous recommendation for denial of the petition. Mrs. Lamer was present and said she thinks the property should be rezoned because the line is on the south side of her building, and yet commercial extends into the next block where there is a cabinet shop on the north side of Harsh. Mayor Caldwell commented that the Planning Commission's recommendation for denial was to stop any further commercial rezoning into other neighborhood blocks. Commissioner Duckers asked Mrs. Lamer how long she had been in her present building. Mrs. Lamer replied since April 1st. Commissioner Duckers asked her what her understanding was at the time she purchased the property. Mrs. Lamer replied that she understood it could be rezoned to "D" Commissioner Duckers asked Mrs. Lamer from whom she got this informatiod. Mrs. Lamer replied Joe Mendicina and Mr. Ashcraft and that they didn't have time to check into the rezoning because it was up for sale at an auction, and they figured that since there had been a grocery store there before they wouldn't have any trouble having it rezoned. Commissioner Duckers stated, "I can sympathize with Mrs. Lamer and I went out and talked with her this morning and I saw her situation down there; but I can't help but think that we have very responsible people appointed to the Planning Commission and I feel that they have investigated this thoroughly on two occasions, and it would be my feeling that I would wish to support their decision." Commissioner Usher commented, "I am inclined to have to go along with the Planning Commission. I was the one who was concerned last time and even recommended it be sent back, but I think a dangerous precedent could be establish(d here and I am not so sure I want to be the one that would establish it; so because of that I would go ahead and make the motion that we accept the City Planning Commission's recommendation to deny the petition." Commissioner Duckers seconded the motion. Commissioner Simpson said, "The only thing that I would hope is that this might be some type of public notice for buyers to check out zoning or the possibilities of changing zoning before contracts are consumated either through direct sale or auction." Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of Petition Number 3485 which was filed by David Werth for the rezoning of Lots 1 and 12, Block 8, Replat of Faith Addition from District "A" (Second Dwelling House District) to District "B" (Two -Family Dwelling House District). A motion was made by Commissioner Usher, seconded by Commissioner Simpson to accept the recommendation of the City Planning Commission and 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 rezoning of Lots 1 through 6, Block 5, Northeast Industrial Park, Blocks 4 and 6, from District "B" (Two -Family Dwelling House District) to District "DD" (Office District). Petition Number 3486, filed by Sue Baxter, requested rezoning to District "D" (Local Business District). A motion was made by Commissioner Duckers, seconded by Commissioner Weisgerber to accept the recommendation of the City Planning Commission and introduce the rezoning ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: M 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 City Commi;ss.ioners made the follow! appointments: Memorial Stadium Baseball Park Committee Max Smith appointed to succeed Jim T. Knight for a 3 year term to April 3, 1978. Electrical Code Panel Alfred L. Kershner appointed to succeed Virgil Lundberg for a 5 year term to April 6, 1980. Salina Airport Authority C. J. Wertz appointed to succeed Charles F. Heath for a 3 year term to April 26, 1978. Dean Tinkler reappointed for a 3 year term to April 26, 1978. Library Board John Hoyne reappointed for a 4 year term to April 30, 1979. Mrs. Helen Crawford reappointed for a 4 year term to April 30, 1979. Board of Plumbing and Gas Fitters Examiners Clifford Johnson, reappointed for a 2 year term to May 1, 1977. Ronald Tremblay reappointed for a 2 year term to May 1, 1977. Board of Zoning Appeals Wayne Johnson appointed to succeed John Hoyne for a 3 year term to May 3, 1978. William Grosser, Jr., reappointed for a 3 year term to May 3, 1978. Dr. D. Wayne Montgomery reappointed for a 3 year term to May 3, 1978. Board of Public Welfare Mrs. Hilmer Andersen reappointed for a 5 year term to May 21, 1978. Mrs. Barbara Knight reappointed for a 5 year term to May 21, 1979. Mrs. Richard Shelton, reappointed for a 5 year term to May 21, 1980. Salina Citizens' Advisory Committee Area A: Kenneth Faerber appointed to fill the unexpired term of Col. Keith Duckers to November 25, 1976. Reginald Broils appointed to fill the unexpired term of James W. Bris to November 25, 1976. Area B: James Geisendorf appointed to fill the unexpired term of Marcella Colborn to November 25, 1975. Area L: Mrs. J. Q. (Bea) Rodriguez appointed to fill the unexpired term of Harold P i e rce to November 25, 1975 Mayor Caldwell announced that additional appointments would be made next week, 1 1 on • AM PUBLIC AGENDA I PETITION NUMBER 3490 was filed by Merle Sprague for curbing, guttering, paving, grading and water main on Prospect Avenue from Ohio Street to the east line of Lot 18, Block 1, Cloverdale Addition to the City of Salina, Kansas. A motion was made by Commissioner Usher, seconded by Commissioner Simpson to refer the petition to the City Engineer for a report. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3491 was filed by Jack Sprecker for the rezoning of Lots 1, 2, and 3, Block 9, Replat of Indian Rock Addition from District "A" (Second Dwelling House District) to District "C" (Apartment House District). A motion was made by Commissioner Simpson, seconded by Commissioner Weisgerber to refer the petition to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the Urban Renewal Agency requesting the City Commission to consider the final development plans for Wilfram, Inc., and a medical complex for Doctors D. D. Goering, R. W. Baxter, C. G. Forster, and J. H. Schwartz. A motion was made by Commissioner Usher, seconded by Commissione Duckers to accept the recommendation of the Urban Renewal Agency and approve the final development plans for Wilfram, Inc., and the medical complex in the Northea t Industrial Park. Ayes: (5). Nays: (0). Motion carried. A REQUEST was received from Toni Renfro, Executive Director of the Salina Downtown Merchant's Association for an amendment to Section 22-65 of the Salina Code to read: "Section 22-65 - Manager may designate use of streets for other purposes. The City Manager shall have the authority to declare any street or part thereof a play street, or to temporarily close any street or part thereof so as to allow the use of said street for any activity having a public or communi wide purpose or function, and shall place appropriate signs or devices in the roadway indicating the designation of the street as a play street or the temporar closing thereof." Mr. Olson explained this had been discussed about a year or so ago and since we will be going into the bicentennial celebration, the way our ordinance is presently written we cannot technically close a street for a street fair, a Fourth of July Celebration or street dance whether it is promotional or not promotional. A motion was made by Commissioner Usher, seconded by Commissioner Simpson to introduce an ordinance for first reading, amending Section 22-65 - Manager may designate use of streets for other purposes. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A REQUEST was received from Dick Zimmerman, Chairman of the Committee for the Downtown Beautification Project, to present their proposed project. Mr. Zimmerman presented a petition signed by 66% of the land owners in the benefit district and asked the Mayor to sign on behalf of the city owned property. The project, with an estimated cost of $500,000, is to be paid from $200,000 Urban Renewal Funds and the balance to be paid by owners in the benefit district. They propose that this payment be issued on General Obligation bonds with the special assessments in the benefit district to be paid over a 10 year period. A motion was made by Commissioner Duckers, seconded by Commissioner Usher to authorize the Mayor to sign the petition on behalf of the City for city owned property in the benefit district. Ayes: (5). Nays: (0). Motion carried. A motion was made by Commissioner Duckers, seconded by Commissioner Simpson to accept the petition and refer it to the City Engineer to check for the sufficiency of the signers. A es: (5). Nays: (0). Motion carried. The petition was later numbered 342. Mr. Zimmerman introduced John Plummer with the White, Hamele and Hunsl Architectural firm who presented the plans for the project and explained it will include new curb and gutter, offset sidewalks five feet back from the curb, planters, wheel chair ramps and new lighting. Commissioner Weisgerber asked how long he thought it would take a contractor to do this work. Mr. Plummer said he thought it could be done by the last of November or the first of December if they get started now. A motion was made by Commissioner Weisgerber, seconded by Commissioner Simpson to accept the plans and specifications and refer them to Engineering to see that they do meet all the city standards. Ayes: (5). Nays: (0). Motion carried. A REQUEST was received from the Central Kansas Alcoholic Foundation for $14,755.00 in Revenue Sharing Funds. Mr. Ed Shephard was present and explained their proposal and that a similar request was made to the County Commission for Revenue Sharing Funds and that next year they will be working to get the gallonage tax, proposed in HB 2176 imposed, which will go back to the different communities for programs such as the one in Salina, and that these funds can be used for matching funds, which they cannot do with Revenue Sharing Funds. A REQUEST was received from the Bicentennial Commission to use Revenue Sharing Funds to insure that gates at the old mill dam can be left open to improve the channel through Salina and at the same time insure City residents of an adequate supply of river water for domestic use. Dr. John Dahlquist was present to answer questions concerning their request. Commissioner Usher asked if we have made a determination as to wehther this is a feasible project? Mr. Olson explained there was substantial concern from our engineers and pumping people at the plant that the pumps cound not be operated. He said they dredged out around the intake valve at the water plans, and had a consultant on hand when they put the pumps in operation. He explained how the water flows through the river and the capacity of the pumps and inlet tubes. Mrs. Jean Hudder, Chairman of the Horizons 176 Committee, explained one of the projects selected for bicentennial efforts was some sort of a major effort regarding the clean up of the river and the establishment of some sort of a park area in the vicinity of the Community Theatre; and that leaving the gates open seems to be imperitive for the clean up projects; but in the event the gates could not that some provision be made for the pumps to be lowered or whatever provision the engineers could figure out, and that such cost be provided from Revenue Sharing Funds while they are available. A REQUEST was received from three property owners to use Revenue Sharing Funds for sanitary and storm sewer separation in the 100 block of East Kirwin. No property owners were present. A REQUEST was received from the League of Women Voters for the use of Revenue Sharing Funds to fund the City's portion of the cost of the planned remodeling of the City -County Jail to include an area for juvenile detention. Mrs. Glorine Shelton was present to review the League's proposal. Natalie Platten was present and stated she had just this morning spoken with Joe Ruskowitz, Deputy of Corrections Division of the Governor's Committee on Criminal Administration and "he said categorically that there are no funds for remodeling over $1,500 because those are 50-50 match; 50% from the Federal government, 25% from the State and 25% from the local, and the State has not put up any money for those so he said there is just nothing for remodeling available, period." Mayor Caldwell asked, did he mention to you anything about the hardware that goes into the project. Ms. Platten replied, "No,he said he had spoken with you about the possibility of coming out and advising us all, but he said the money essentially is boxed in for prior funded projects and there for the purpose of people project ." 90 A REQUEST was received from the Salina Public Library for $19,800 in Revenue Sharing Funds for card catalog units, microfilm readers and cabinet and nonfiction and reference books. A REQUEST was received from T. L. Willis, 618 Johnstown, requesting Revenue Sharing Funds be used to clean up the Smoky Hill River. Commissioner Usher said, "I would reiterate my request to the community for more suggestions on what we should use our Revenue Sharing Funds for. I think this is wholly inadequate for a cross section. I can visualize spending all of our money entirely with the river project and the juvenile detention, but I think we need to have some broader cross section of projects this community would like to see done. This is kind of disappointing to me. When we have our public hearing down here and we tell the community how we are going to spend these funds I don't want anybody jumping up and saying they didn't know about it and they weren't taken into consideration and we are not doing the right thing." A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to accept the requests for Revenue Sharing Funds, which the City Commission will consider at a later date. Ayes: (5). Nays: (0). Motion carried A CEREAL MALT BEVERAGE license application was filed by Richard H. Fosbinder, d/b/a Rich's APCO, 1947 North Ninth Street. (Transfer of location from 680 South Phillips and is for package sales only). The City Clerk reported the application has been approved by the Health Department and the Zoning Officer A motion was made by Commissioner Simpson, seconded by Commissioner Usher to approve the transfer of location, and authorize the City Clerk to amend the license. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE license application was filed by Robert J. Loersch, d/b/a The Scheme, 123 North Seventh Street. (New application). The City Clerk reported the applicant has paid the required fee, and the application has been approved by the Health Department, Zoning Officer and the Police Department. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to approve the cereal malt beverage license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE license application was filed by Dale Eugene Bengtson, d/b/a East Iron Conoco. (New application for package sales only). The City Clerk reported the applicant has paid the required fee, and the application has been approved by the Health Department, Zoning Officer and the Police Department. A motion was made by Commissioner Duckers, seconded by Commissioner Usher to approve the cereal malt beverage license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE license application was filed by John W. Landes, d/b/a Landes Oil Company, Inc., 802 West Crawford. (New application for package sales only). The City Clerk reported the applicant has paid the required fee and the application has been approved by the Health Department, Zoning Officer, and the Police Department. A motion was made by Commissioner Simpson, seconded by Commissioner Usher to approve the cereal malt beverage license application and authorize the City Clerk to issue the license. Ayes: (5) Nays: (0). Motion carried. A MOTION was made by Commissioner Usher, seconded by Commissioner Simpson that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. G<:vuz-cam-' D. L. Harrison, City Clerk