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11-03-1975 Minutes1 192 City of Salina, Kansas Regular Meeting of the Board of Commissioners November 3, 1975 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, November 3, 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 October 20, 1975 were approved as printed. THE MAYOR PROCLAIMED Tuesday, November 11, 1975 - "VETERANS DAY". The proclamation was read by Robert Allen, Commander of the Leslie Kreps Post 62 of the American Legion. STAFF AGENDA AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas, for the purpose of paying a portion of the cost of: Curbing, guttering, paving and grading of CRESTVIEW DRIVE from Eastborough Road to Estates Drive, Curbing, guttering, paving and grading of ESTATES DRIVE from Argonne Drive to the south line of Lot 4, Block 1, Country Club Estates Addition Number 2, Water main and service lines, Sanitary sewer and service lines, Storm sewer system." 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 8455. The ordinance was introduced for first reading October 20, 1975• 183 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." [Rezoning of Lots 1 - 10 and the West 17 feet of Lots 19 and 20, Block 1, Calkins Addition from District "B" (Two -Family Dwelling House District) to District "F" (Light Industrial District) as requested in Petition Number 3502, filed by H. A. Weber] A motion was made by Commissioner Usher, seconded by Commissioner 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 8456. The ordinance was introduced for first reading October 20, 1975. 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." [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) as requested in Petition Number 3504, filed by Mrs. Izetta M. Lamer] A motion was made by Commissioner Duckers, seconded by Commissioner Weisgerber 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 8457. The ordinance was introduced for first reading October 20, 1975. A RESOLUTION was introduced and passed entitled: "A RESOLUTION directing and ordering a public hearing on the advisability of water main improvements in a certain district and giving notice of such hearing." (Water main on East Woodland and East Prospect). A motion was made by Commissioner Simpson, seconded by Commissioner Usher to adopt the Resolution as read and set November 24, 1975 as the date for public hearing, and instruct the City Clerk to publish the notice of hearing. Ayes: Duckers, Simpson, Usher, Weisgerbe Caldwell (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3250. A LETTER was received from the City Planning Commission recommending the approval of the Final Plat of Block 16, Northeast Industrial Park, as requested in Petition Number 3414-E which was filed by the Urban Renewal Agency. A motion was made by Commissioner Usher, seconded by Commissioner Simpson to accept the recommendation of the City Planning Commission and approve the final plat of Block 16, Northeast Industrial Park, and authorize the Mayor to sign. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of the Final Plat of Blocks 9 and 10, Northeast Industrial Park, as requested in Petition Number 3414-F which was filed by the Urban Renewal Agency. A motion was made by Commissioner Duckers, seconded by Commissioner Weisgerber to accept the recommendation of the City Planning Commission and approve the final plat of Blocks 9 and 10, Northeast Industrial Park, and authorize the Mayor to sign. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of Petition Number 3507 which was filed by R. E. Sprecker for the rezoning of Lot 2, Block 6, 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 Simpson, seconded by Commissioner Usher to accept the recommendation of the City Planning Commission and approve the rezonin petition, and introduce the rezoning ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: 1 184 A LETTER was received from the City Planning Commission recommending the approval of Petition Number 3508 which was filed by James E. Sullivan for the annexation of a tract of land in the East 1/2 of the North 1/2 of the Southeast Quarter of Section 35, Township 14 South, Range 3 West. A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to accept the recommendation of the City Planning Commission and approve the annexation petition and introduce the annexation 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 3509 which was filed by James E. Sullivan for the rezoning of a tract of land in the East 1/2 of the North 1/2 of the Southeast Quarter of Section 35, Township 14 South, Range 3 West, to District "D" (C-5) subject to platting. A motion was made by Commissioner Duckers, seconded by Commissioner Usher to accept the recommendation of the City Planning Commission and approve the rezoning petition, subject to platting, 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 Petition Number 3510 which was filed by Larry Gagnon for the rezoning of Lot 31, Block 4, Holiday Addition from District "A" (Second Dwelling House District) to District "D" (Local Business District). A motion was made by Commissioner Weisgerber, seconded by Commissioner Simpson to accept the recommendation of the City Planning Commission and approve the rezoning petition and introduce the rezoning ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: PUBLIC AGENDA A CEREAL MALT BEVERAGE license application was filed by Michael E. Johnson, d/b/a The Pub, 641 South Broadway. (New application). The City Clerk reported the applicant has paid the required fee, and the application has been approved by the Zoning Officer, Health Department and the Police Department. A motion was made by Commissioner Simpson, seconded by Commissioner Usher to appr the cereal malt beverage license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA Mayor Caldwell welcomed two Boy Scouts who were visiting the meeting. "STATUS REPORT ON PHASE I OF UNITED WAY CONTRACT". (Sponsored by Commissioner Duckers.) Commissioner Duckers said, "I would just call on Mr. Elwell to bring us up to date on where we are on Phase I of this report." Mr. Elwell said, "I would like to refer to Jane Hardy's letter of October 18 to me. A copy of which was provided to Mr. Olson by her, and I under- stand copies have also been provided to you and I think this letter will clarify many of the questions that may have been raised, but I would like to add that in a phone conversation I had with Mrs. Hardy this morning, additional points were clarified in my own mind. I was in error when I said at the previous appearance that Phase II had been started. Phase I is continuing and will be finalized probably about December 31 and the report, as outlined in the agreement, will be provided. The thing that happened is that when there was the delay in the survey in order to revise the survey instrument in order to anticipate the possibility of Phase II when the Commission tentatively appropriated Revenue Sharing Funds if you decided to go on in that direction, I interpreted it wrong to mean that 185 Phase II was started. Phase II will not be started until the Commission so orders and enters into an agreement. There was some lost time when they redesign(d the instrument, but that lost time will be more than offset if you move ahead with Phase II and to let you know that this is the intention is to save time in the long run. Phase II will not require any additional survey work by local interviewers, it will require some conferences by five or six professional people from the United Way of America MACSI program. They will be coming out here and setting up conferences with the various professionals of the agencies that provide the services. There will be no additional expense for that lost time as far as the City is concerned. Still Phase I is locked into the $10,000.0 as agreed. As far as the information and referral service target date because of the delay, that will be some time in February or March 1976.by the time we are able to implement that service. As far as progress is concerned in the Phase survey since I was last here, and at that time I advised you that new interviewer were ready to begin their work. Out of the 105 of the agencies that have been identified for them to solicit or recontact 67 of those have been completed, leaving 38 and of that 38 - 32 of those are agencies outside of Salina providing services to the Salina area, Wichita, Topeka, and other locations. They have left those until the end of their work here in Salina. Also of the 36 schools that provide public services, 10 of those have now been completed and the others will soom be finalized. Then there was some preliminary work on clubs and organizations, the labor unions, churches may have provided services to the public beyond their own membership and there will be some follow up work needed to be done on a few of those. So with this explanation I hope it answers the questions you may have had in your minds and I apologize for the error in the interpretation that I made when Phase II funds were tentatively appropriated. If there are any questions I would be happy to answer them." Commissioner Weisgerber commented, "It looks to me like since they knew there was a possibility of Phase II, they would have had their questions organized so you could go on into Phase II. It looks like they wasted time unnecessarily by having to redesign this thing, that they didn't do it properly in the first place." Mr. Elwell responded, "They construed the community's reaction to their visit that the Phase II funds would probably not be available, and therefore they could save time by not doing the full study necessary if Phase II came along " Commissioner Weisgerber said, "But the contact was going to be made with that organization anyway. I don't know, maybe that is an unfair criticism, but it looks like they might have, if they are making this contact anyway, they might have gone ahead and included that information in there." Mr. Elwell said, "Of course, as I explained before, the change in consultants that are working with us has also caused some additional delay." Commissioner Duckers said, "I am confused by Jane Hardy's letter, to put it bluntly, did you understand it?" Mr. Elwell replied, "Well, to the point, except that I had to have it clarified this morning in a telephone conversation." Commissioner Duckers said, "Well, I am probably pretty thick headed, but I fail to understand this type of linguistics and I quote from page 2, 'Because the information at that time appeared extraneous, the survey form did not ask for the quantifiable data necessary for the Phase Two service provision analysis.' I would like for you to explain that to me if just don't understand it." you would, Ron. Mr. Elwell replied, "Phase I identifies the agencies and the eligibilit of people to receive their services. Where those services are available, the hours and any fees that might be charged. They do not go into - that part does not go into detail as far as the number of people served, the number of people needing this service, and this is what she means by quantifying, and then it also goes into the funding, where the funds come from and this is a very complicated, detailed analysis." Commissioner Duckers said, "I'll admit it is very complicated, but is there some way that we can call funding, funding instead of quantifiable analysis of provisional data and some of these terms that I think that consultants think they have to use because they come from 50 miles away from Salina. I would just like a simple explanation of what is going on on this thing, and I don't think we are getting it from these people. I don't feel that I am, anyway. 1 am not trying to -put you on the spot, and I feel that I am and I don't want to, but think somebody from MACSI should come out here and sit down with the Commission because this present Commission sitting here on the bench today was not in office at the time this was ordered, and I really don't understand, and I don't understand it from letters from people like Jane Hardy.'' Mr. Elwell said, "I pointed that out to her and I also suggested the possibility of another visit and she felt that this would need to be done prior to Phase II implementation." Commissioner Usher said, "Of course, that was the original agreement, for them to go ahead and do the Phase I then bring it to us and let us look at it and have them tell us what Phase II would develop and then we would make the final decision." Commissioner Duckers said, "And then it seems to me that Mr. Edleston, whoever sold this program to us, changed horses in the middle of the stream and sent a new person out here who decided she should design a new survey instrument to accomplish her purpose or whatever it was and it doesn't seem to me maybe our concerns are being delt with as much as her ability to design a new instrument and it is colored orange and blue and green." Mr. Elwell said, "This is because of the complication of the report because part of it applies in one instance and part in another." Commissioner Usher commented, "It sounds like we are getting our money's worth." Mr. Elwell said, "This is what she ended her letter by saying.." Commissioner Duckers commented, "I do know, she hopes the letter provides clarification." Mr. Elwell said, "As far as Phase I, it is moving ahead and it is expected to be finalized in the next 60 days and as soon as final surveys can be put into the computer and read out, the report will be available. It will be about a 3" thick book that we get one copy and we reproduce as many copies for you as you see that you need in order to get a hold on it. There is a lot of cross references. A good bit of it would not pertain as far as your use is concerned." Commissioner Duckers said, "We will have an opportunity though to sit down with someone from MACSI before we decide on Phase II. 1 notice that she assumed that we are going to go ahead with it but we have money budgeted for it if we decide to vote for it." Mr. Elwell commented, "That is right and this is what 1 explained to her." Commissioner Duckers said, "As long as she understands it." The following items were brought up for discussion by the City Commissioners: Commissioner Usher asked for recommendations from the staff within three weeks on what we can do with Urban Renewal, since they have put a deadline of January 1, 1976 to be out of business. "We are going to have to maintain it, but exactly how, I would like to have some recommendations." 187 COMMISSIONER DUCKERS asked to discuss the recommendation requested of the City Attorney regarding bid procedures at the time of receiving bids for the police vehicles from Jim Sullivan Chevrolet Company. After some discussion a motion was made by Commissioner Usher, seconded by Commissioner Simpson that the City Clerk be instructed to include in his bid form that a cashier's check or a bid bond for a sum equal to 5% of the amount of the bid as a guarantee that he will enter into a contract if awarded must accompany all future bids received by the City Commission. Ayes: (5). Nays: (0) Motion carried. COMMISSIONER DUCKERS appealed to the community for volunteers to serve on the Citizens Advisory Committee to fill a number of vacancies that will occur in November. COMMISSIONER SIMPSON mentioned five or six other boards which need volunteers to serve. A MOTION was made by Commissioner Simpson, seconded by Commissioner Usher that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. D. L. Harrison, City Clerk 1 1