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,
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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