09-08-1975 Minutes139
City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
September 8, 1975
The Regular Meeting of the Board of Commissioners met in the
Commissioners' Room, City -County Building, on Monday, September 8, 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 August 25, 1975 were approved
as printed.
STAFF AGENDA
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, 2, 3, and the South 10 feet of Lot 4, and all of
Lots 9, 10, 11, 12, 13, 14, 15, and 16, Block 19, Sunset Manor Addition from
District "A" (Second Dwelling House District) to District "C" (Apartment
House District) as requested in Petition Number 3489 which was filed by
Darrell Francisco.] A motion was made by Commissioner Weisgerber, seconded by
Commissioner Simpson 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 8451. The
ordinance was introduced for first reading August 25, 1975.
A RESOLUTION was introduced and passed entitled: "A RESOLUTION
providing for the order of business to be conducted at all regular meetings of
the Board of Commissioners and the procedure for the preparation of an agenda
for said meetings; repealing Resolution Number 3110." A motion was made by
Commissioner Usher, seconded by Commissioner Duckers to adopt the Resolution
as read and the following vote was had: Ayes: Duckers, Simpson, Usher,
Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the
Resolution and it is numbered 3242.
A RESOLUTION was introduced and passed entitled: "A RESOLUTION
determining the time and place of the regular meetings of the Board of
Commissioners of the City of Salina, Kansas; and repealing Resolution Number
3096." A motion was made by Commissioner Duckers, seconded by Commissioner
Usher to adopt the Resolution as read and the following vote was had: Ayes:
Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried.
The Mayor approved the Resolution and it is numbered 3243.
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A RESOLUTION was introduced and passed entitled: "A RESOLUTION
authorizing the sale of certain real estate owned by the City of Salina and
authorizing the Mayor to execute a deed therefor." (Property at 216 West
Crawford)
Mr. Olson asked the City Commissioners to make suggestions regarding
the selection of an auctioneer, and the setting of the place and time for the
auction.
After some discussion it was decided the City Manager should choose
an auctioneer from the City of Salina by lot, and that the auction be held
reasonably soon.
A motion was made by Commissioner Duckers, seconded by Commissioner
Usher to adopt the Resolution as read and the following vote was had: Ayes:
Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The
Mayor approved the Resolution and it is numbered 3244.
A RESOLUTION was introduced and passed entitled: "A RESOLUTION
establishing an emergency preparedness organization between the City of Salina,
Kansas, and the County of Saline, Kansas; establishing a Salina -Saline County
Emergency Preparedness Board, providing for the manner of appointment thereof
and defining the powers and duties of the Board; creating the position of
Coordinator of the Salina -Saline County Emergency Preparedness Department and
defining the duties thereof; providing for the Emergency Preparedness Board
budget and expenditures; and repealing the provisions of Resolution Numbers 2608
and 2967."
Mr. Don Rectenwald explained the Resolution is in relation to Senate
Bill 70 which was passed in April doing away with the words "Civil Defense" and
establishing an "Emergency Preparedness Department" on the local and State level
and which also includes the concept of natural disasters in the definition of
disasters.
A motion was made by Commissioner Usher, seconded by Commissioner
Simpson to adopt the Resolution as read and the following vote was had: Ayes:
Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The
Mayor approved the Resolution and it is numbered 3245•
A LETTER was received from the City Planning Commission informing the
City Commission it had reconsidered the changing of the name of Seitz Drive in
Country Club Heights Addition Numbers 2 and 3 to Eastborough Road and now
recommends that Eastborough Road in the recorded plat of Georgetown Addition
be changed to Seitz Drive. A motion was made by Commissioner Weisgerber,
seconded by Commissioner Duckers to accept the recommendation of the City
Planning Commission and introduce an 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 Petition Number 3499 which was filed by the Johnstown Developmen
Company for amendment to the use regulations in Section 9, Appendix A of the
Salina Code. A motion was made by Commissioner Usher, seconded by Commissioner
Simpson to accept the recommendation of the City Planning Commission and
introduce the ordinance for first reading to amend the code. Ayes: (5).
Nays: (0). Motion carried.
Ordinance Passed: Number:
Mr. Olson explained a special meeting will be required to adopt this
ordinance on September 18 or 19, because there will be no meeting on September
22nd and the Johnstown Development Company needs to have its plans and specs
submitted to HUD no later than September 27th.
The Commissioners set Thursday, September 18th at 12 Noon to hold a
special meeting to adopt this ordinance.
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A LETTER was received from the City Planning Commission requesting
the City Commissioners adopt a resolution declaring a moratorium to exist on all
applications filed for amendment to the Zoning District Map after September l8th
1975.
Mr. Rawlings explained they want to avoid having a potential applicant
being in a situation of filing his application after September 18th and paying
his filing fee and having it hang in limbo until such time as the new zoning
ordinance is adopted, at which time they would have to return his money or
readvertise the case under the provisions of the new ordinance.
A motion was made by Commissioner Usher, seconded by Commissioner
Duckers to accept the recommendation of the City Planning Commission and to
introduce and pass a resolution entitled: "A RESOLUTION declaring a moratorium
on Zoning Change Applications until December 31st, 1975," and the following
vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5).
Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3246.
A MOTION was made by Commissioner Weisgerber, seconded by Commissioner
Simpson to introduce an ordinance for first reading entitled: "AN ORDINANCE
levying special assessments against certain property to pay the cost of
constructing certain sidewalks in the parking abutting property on Wayne Avenue,
Key Avenue, Hartland Avenue, Kirwin Avenue, and Edward Avenue." (Engineering
Project 74-573). Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed:
Number:
A RESOLUTION was introduced and passed entitled: "A RESOLUTION
approving an agreement between the City of Salina, Kansas, and the United States
Government relating to Fire Protection for the Schilling Manor Sub -Post." A
motion was made by Commissioner Usher, seconded by Commissioner Duckers to adopt
the Resolution as read and the following vote was had: Ayes: Duckers, Simpson,
Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the
Resolution and it is numbered 3247.
COMMISSION AGENDA
Caldwell ) "DISCUSS LIGHTING ON SOUTH NINTH STREET". (Sponsored by Mayor
Mayor Caldwell explained, "There has been an amount set aside in the
budget for street lighting, but no priorities have been set on where the money
will be spent. There has been a request by the Chamber of Commerce and other
interested businesses in the area of South Ninth Street from the "Y" south to
the city limits."
Mr. Olson explained there have been recommendations for improved
lighting in several areas since the 1972 budget, and up until this year the staf
has been instructed not to proceed with any of these particular projects except
the one along Ninth Street from Pacific to 1-70. This year there is an addition
request for lighting of South Ninth Street from the "Y" at Otto Street south to
the city limits. The budget for 1976 was increased over the 1975 budget from
$98,000.00 to $123,000.00. There is a recommendation to -change 1377 incandescen
lamps to a more up dated lamp by July, 1976, which is in keeping with the Kansas
Corporation Commission.
He also explained the lighting project on South Ninth Street, with
the spacing of the poles at 300 feet, wood poles, overhead wiring, will cost
approximately $5,000.00 a year. The project would also include the lighting
of the intersections of Schilling Road, Avenue "A", Avenue "B", Berg.Road,
Water Well Road,:the 1-35 entrance ramps, and also the location where
the 2 way highway reduces to one way highway running north and south, which
are outside the city and would be county responsibility.
Commissioner Weisgerber asked what other projects were tentatively
on other budgets but failed to be accomplished.
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Mr. Olson replied, "Broadway from Ash Street to Ninth Street; Four
sides around Kansas Wesleyan Unitersity; Magnolia Road from Ninth Street to
Ohio Street; Crawford from Broadway to 1-35; Crawford from Broadway to Ohio;
Ohio Street from Elm to Wayne; Major intersections and railroad crossings on
arterial streets; and requests for lighting in new housing areas."
Commissioner Duckers asked where they stand on getting these implemented.
Mr. Olson replied the staff is waiting for direction from the
Commission, and it is budgeted for 1976.
Mr. Les Grady was present and said as more industry moves in to the
south end of town, traffic is getting heavier and it is important that this
area be pretty well illuminated.
Commissioner Weisgerber asked how far the County would install lights?
Mr. Grady replied they are going to Water Well corner, or in that
area.
Commissioner Weisgerber asked what priorities have been established?
Mr. Boyer replied, "One wouldn't have any priority over another one
other than physical layout. I don't know of any businesses that recommended it
but Ohio Street is one where traffic is heavier over a longer period of time
than it is out south. It is almost pitch black at the intersection of Greeley
where it splits from an extra wide 2 lane into a divided 4 lane with a cross
intersection. A man was killed at that location. There is much more pedestrian
traffic on Ohio than there is on South Ninth. People even jog out in that area.
It is a large street with heavy traffic on it, and probably more pedestrian
traffic, and it is really not adequately lit for safety, and it certainly should
carry a high priority for safety, and there are no sidewalks."
Commissioner Usher commented, "I like the project because you would
get the whole thing done, the County would share in part of it. I realize there
are other areas in town that need attention too, but I think this would have a
lot of acceptance and it really is bad and if you have ever driven out there at
night, there are a lot of blind spots, so I would make a motion that we ask the
staff to proceed with the lighting of South Ninth Street in coordination with
the County with the wooden poles, spaced 300 feet apart, 2 lights per pole,
overhead wire; and that the second priority be Ohio Street from Elm to Wayne.
The motion was seconded by Commissioner Simpson. Ayes: (5). Nays: (0�.
Motion carried.
"DISCUSS JUVENILE DETENTION CENTER". (Sponsored by Mayor Caldwell)
Mayor Caldwell said, "At the time we were together with the County
concerning the Juvenile Detention Center, we had the plans and specifications
all concerned about the project. At the time it was the feeling of the City
Commission, maybe one of my ideas too, that there was money available through
the Governor's Committee on Criminal Administration, but we found that in the
last month that there is not any money available for construction and not
necessarily money for hardware or equipment. There has been a�cut back in the
LEAA funds and some of the monies are not available as they were in the past.
Again my reason for bringing it up, the City did hold the project up by hoping
that the funds would be available. My reason for bringing it up today is to
have some discussion on it so that we could get along with the project since
we did set aside money in the budget concerning the detention center. I
understand the County is still ready and willing to go along with the project."
Commissioner Usher said, "Up to $80,000 because they have never
indicated they had any more than that. Do we have the specifications? Are we
all ready to ask for bids?"
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Mr. Olson replied, "Probably prior to July 1, 1975 you might have
been. We have since become aware of State law, that has no penalty provisions,
Jail Standards and Procedures. The standards and procedures contained in this
volume, which became effective July 1, 1975, were obtained through the efforts
of a blue ribbon committee with final editing and approval of the Secretary of
Corrections, Robert Rains. This Department of Corrections has been going around
the State making suggestions for improvement of county detention facilities.
When the construction of a new facility or the extensive remodeling of an
existing facility is considered, the responsible local authority shall contact
the Secretary or his authorized representative for review and opinion of the
concepts. There are going to be some expenses involved in this if we go all the
way with the recommendations that are made by the Secretary of Corrections on
these standards and procedures."
Police Chief John Woody said the State jail inspector, Mr. Summerfield
was quite pleased with our overall procedures. He will come back with
recommendations and take a copy of our blueprints and make recommendations on
those.
Glorine Shelton, Representing the League of Women Voters, said, "We
have been concerned with the juvenile detention for a number of years and it is
unfortunate it has been delayed to this point, and now we find that we are
faced with the new jail standards. I really do hope that whatever changes
will be made, that they will be accomplished because there definitely needs to
be some changes made over there for the housing of the juveniles. I made a
tour of the jail on August 14 and when I went through there it was very, very
depressing to see these young people, they don't have the same area or the same
facilities that the adult prisoners have. The adult prisoners at least have an
area they can walk around in, they have a table where they can eat their meals.
Where the juveniles were housed, there was just a cell and the four bunks on
either side and just a little isle way between. Surely they deserve better
than that . I do hope the facilities will not be delayed any further and that it
can be worked out with the County and the City. I do hope that not too much
more delay will be encountered on this because really it is the juveniles who
are suffering. 320 juveniles were held in detention in our county last year
and about 1/2 of these were residents of our county. Surely these kids deserve
better than what they are getting now."
The Commissioners and staff discussed sanctioning the project, the
changes which will be required under the new jail standards, and getting
together with the County about the project.
A MOTION was made by Commissioner Usher, seconded by Commissioner
Duckers to add appointments to the Citizens' Advisory Commission to the agenda
for consideration. Ayes: (5). Nays: (0). Motion carried.
THE MAYOR, with the approval of the City Commissioners, made the
following appointments:
Citizens' Advisory Commission
Area B - Raymond Zaragoza appointed to fill the unexpired term of Rev. J. E. Jon s
to November 25, 1976.
Area F - John Hedeen appointed to fill the unexpired term of R. W. Pruitt to
November 25, 1975.
Area H - no recommendations
Area J - Mrs. John Smutz appointed to fill the unexpired term of Russell
Caswell to November 25, 1975.
Warren Young appointed to fill the unexpired term of Juanita Gerhart
to November 25, 1977.
Area K - Robert Garrione appointed to fill the unexpired term of George Selter
to November 25, 1977.
Area M - William W. Allen appointed to fill the unexpired term of Dr. Charles
Olson to November 25, 1977.
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Commissioner Usher said these people were picked for a list which has
been kept on file by the staff and is people who originally volunteered at the
time the Citizens' Advisory Commission was expanded.
Commissioner Duckers commented the Citizens' Advisory Commission will
be very busy again this Winter preparing the second half of the application and
there will be vacancies from time to time, and we need to have an active list
of citizens who will volunteer and serve if asked to serve.
PUBLIC AGENDA
PETITION NUMBER 3506 was filed by J -V Enterprises, Inc., by Phil
Martin for the installation of water, sanitary sewer and paving of Victoria
Heights Drive and Victoria Heights Terrace which will be Lots 1 to 27, inclusive
Block l; and for the installation of water and sanitary sewer to serve Lots I
to 8 inclusive of Block 2, Victoria Heights Addition. A motion was made by
Commissioner Weisgerber, seconded by Commissioner Simpson to refer the petition
to the City Engineer for study and recommendation. Ayes: (5). Nays: (0).
Motion carried.
A LETTER was received from Jean Hudder of the River Clean-up and
Beautification Committee of Horizons '76 Committee of the Salina American
Revolution Bicentennial Commission requesting that the City Commission accept
and maintain the area south of the Iron Avenue Bridge and the proposed site for
the mini -park at the Community Theatre Site.
Mrs. Hudder read a prepared statement:
"Honorable Mayor, City Commissioners, City Manager, elected officials,
media and interested citizens. Through the generosity of John J. Vanier the
banks of the river north of the Iron Street Bridge were deeded to the City so
that the Salina Bicentennial Commission, an arm of the City Government, might
develop a miniature park in the vicinity of the Community Theatre. We, on the
commission, were grateful for the endorsement of this project on July 21st
when the City Commission accepted this proposal and with it the responsibility
of maintaining the area after the park is completed in 1976. Now the gentleman
who owns the banks of the lots immediately south of the bridge, Virgil Lundberg,
has agreed to make a permanent easement for the purpose of beautification of the
City so that the Salina Bicentennial Commission might extend the mini -park to
the first bend south of the bridge and provide an additional beauty spot in the
downtown area. The river sub -committee of the Horizons '76 Committee which
adopted the river project as a worthy and permenent bicentennial activity
unanimously approved this proposal to extend the park on September 2nd. I am
seeking additional funds to underwrite the cost of this extension and should
they be forthcoming a modest plan of beautification could be implemented, should
we not secure the funds from this source, a minimum of removal and planting
could be accomplished with funds already designated in the bicentennial budget
for the mini -park. I can foresee the day when the loveliest area in the whole
city is the linear park running the length of the river through Salina with
both sides of all the Smoky Hill River banks owned and maintained by the City.
This, of course, is a dream for future time for which acquisition of the banks
a comprehensive plan of development and maintenance and adequate finance and
budget planning are essential. For the present time, Horizons '76 River Sub-
committee would like to recommend that the offer of an easement of the banks
be accepted and that the Salina Bicentennial Commission be charged to proceed
on the project with the understanding that the acceptance of the completed
project in '76 implies an intention to maintain the area as a mini -park for
public use."
Mrs. Hudder showed the Commissioners a design plan showing low
maintenance trees, plants, and grasses, and they discussed the cost of
maintaining the additional area.
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A motion was made by Commissioner Simpson, seconded by Commissioner
Duckers to accept the project and instruct the City Attorney to draw up the
proper easement documents. Ayes: (5). Nays: (0). Motion carried.
A MOTION was made by Commissioner Usher, seconded by Commissioner
Duckers that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (5). Nays: (0). Motion carried.
D. L. Harrison, City Clerk
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