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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. 140 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. 1 1 1 141 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. L 1 142 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?" 143 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. 144 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. 145 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 u 1