03-01-1976 MinutesG 6#6
City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
March 1, 1976
The Regular Meeting of the Board of Commissioners met in the Commissio
Room, City -County Building, on Monday, March 1, 1976 at four o'clock P.M.
The Acting Mayor asked everyone to stand for the pledge of allegiance
to the Flag and a moment of silent prayer.
There were present:
Acting Mayor Gerald F. Simpson, Chairman presiding
Commissioner Keith G. Duckers
Commissioner W. M. Usher
Commissioner Jack Weisgerber
comprising a quorum of the Board, also:
L. O. Bengtson, City Attorney
Norris D. Olson, City Manager
D. L. Harrison, City Clerk
Absent:
Mayor Robert C. Caldwell
The Minutes of the Regular Meeting of February 23, 1976 were approved
as printed.
STAFF AGENDA
CITY ENGINEER reported that Petition Number 3517, which was filed by
Doyle Yockers for street and utility improvements in Blocks 34, 36, 37, 38,
Key Acres 2nd Addition, is a valid petition as Mr. Yockers is president of the
corporation that owns 100% of the benefit district. A motion was made by
Commissioner Usher, seconded by Commissioner Duckers to accept the City Engineer s
report and approve the petition. Ayes: (4). Nays: (0). Motion carried.
CITY ENGINEER filed a feasibility report for street and utility
improvements in Blocks 34, 36, 37, 38, Key Acres 2nd Addition, as requested in
Petition Number 3517, which was filed by Doyle Yockers. A motion was made by
Commissioner Usher, seconded by Commissioner Duckers to accept the feasibility
report as filed. Ayes: (4). Nays: (0). Motion carried.
CITY MANAGER reported on the ownership and leasing arrangement of
the horse barns in Kenwood Park.
Mr. Olson reported on this history of the lease agreements and
resolutions.
Commissioner Usher asked if anyone has talked with the fair board?
Commissioner Weisgerber said he talked with the fair board last week
and they have no use for the buildings whatsoever and their suggestion was to
have the buildings demolished.
Commissioner Duckers asked if it could be determined what the cost
is to operate the stalls?
Mr. Olson replied he doesn't have any fixed figures.
Commissioner Duckers asked how many of them are presently rented?
26"/
Mr. Olson said there are 10 tenants and 3 of the 10 are in arrears
as far as their rents are concerned. They estimated at one time the maximum
revenue derived from the barns was in the neighborhood of $1,200.00, and they
estimated the minimum amount of cost to keep the barns clean at $900.00. They
carry $3,000.00 worth of insurance on the building, but it is unknown if that
$900.00 included the insurance premium or the water bill. He also reported
the County has had some problems in collecting rents.
Mr. Olson also reported there is no contractual arrangement between
the 81-40 Riding Club and the City of Salina. There was an agreement reached
and the City Commissioners approved the 81-40 Riding Club building the arena
where it is presently located in 1967. The discharge trap on the fair grounds,
near the display buildings, that was reported last week, does not discharge
into the river. A trap has been constructed, similar to a grease trap, that
holds back straw and material of this type, but the discharge goes directly
into the sanitary sewer system.
Acting Mayor Simpson asked the City Attorney if he is assured the
city does now have control of the horse barn area?
Mr. Bengtson replied the City does own the area, and the only question
was whether the County was claiming the buildings, but by their resolution,
they have relinquished any right to them.
Commissioner Weisgerber asked if the tenants, who rejected their
notice to vacate from the county, are officially notified?
Mr. Bengtson replied the County has turned the barns back to the
City and the City does not have any agreement with anybody for the lease of
the barns.
Acting Mayor Simpson asked if anyone in the audience had any comments.
Mr. McCall stated the barns were built in the 1930's with W.P.A.
money.
Mrs. Burrough said the Health Department had been over to check the
stables and she reported they said everything is okay except they did want the
manure in an airtight container.
Acting Mayor Simpson asked if Mr. Hulse had any comments to make.
Mr. Hulse said his report covered the situation.
Commissioner Duckers said he can appreciate the concern of the
people who have horses over there, but cannot, see the city getting into the
horse barn renting business, and therefore moved that the Engineering Department
be directed to proceed with plans to dispose of the horse barns. The motion
was seconded by Commissioner Usher. Ayes: (4). Nays: (0). Motion carried.
PUBLIC AGENDA
A REQUEST was filed by Bill Stover for a 39 foot driveway width at
333 Otto. (Lot 1, Block 2, Wallerius Addition).
The City Engineer reported that since the requested exception is not
excessive and is not on an arterial or collector street, the Engineering
Department has no objection to the commission granting this request.
A motion was made by Commissioner Duckers, seconded by Commissioner
Usher to grant the request for a 39 foot driveway width at 333 Otto. Ayes: (4).
Nays: (0). Motion carried.
A REQUEST was filed by Kenneth W. Wasserman for the vacation of the
South 100 feet of Market Place, adjacent to Block 10, Key Acres Addition.
The City Engineer reported that he has reviewed this request with
the Planning and Engineering Departments, and both departments feel it was
probably an error of omission that this 100 feet of frontage road was not
vacated in Ordinance Number 6568 and recommend that it now be vacated.
i
A motion was made by Commissioner Usher, seconded by Commissioner
Duckers to approve the request and introduce an ordinance for first reading to
vacate the south 100 feet of Market Place adjacent to Lot 10, Block 1, Key
Acres Addition. Ayes: (4). Nays: (0). Motion carried.
Ordinance Passed: Number:
PETITION NUMBER 3530 was filed by A. B. Seelye Company Inc., for the
curbing, guttering, paving of Winn Road from Brookwood Lane to Glen Avenue;
Brookwood Lane from the west line of Lot 1, Block 17 to the east line of Lot
1, Block 16; Georgetown Road from Applewood Lane to Village Lane; and Village
Lane from Georgetown Road to Fairdale Road; and Fairdale Road from Applewood
Lane to Village Lane. A motion was made by Commissioner Weisgerber, seconded
by Commissioner Usher to refer the petition to the City Engineer for a report.
Ayes: (4). Nays: (0). Motion carried.
PETITION NUMBER 3531 was filed by A. B. Seelye Company, Inc. for
water main and service to serve Lots 1 - 5, Block 17, Lots 2 - 7, Block 18,
Lots 2 - 7, Block 19, Lots 1 - 5, Block 16, and all of Block 7, all in Georget
Addition. Sewer to serve Lots 1 - 5, Block 16, Lots 2 - 7, Block 19 and all
of Block 7 Georgetown Addition. A motion was made by Commissioner Usher,
seconded by Commissioner Weisgerber to refer the petition to the City Engineer
for a report. Ayes: (4). Nays: (0). Motion carried.
PETITION NUMBER 3532 was filed by Dean Owens, President of the YMCA
of Salina, Kansas, for approval of the plat of YMCA Addition. A motion was
made by Commissioner Duckers, seconded by Commissioner Usher to refer the
petition to the City Planning Commission for a recommendation. Ayes: (4).
Nays: (0). Motion carried.
PETITION NUMBER 3533 was filed by Dean Owens, President of the YMCA
of Salina, Kansas, for the rezoning of a tract of land in the South 11 of
Section 13, Township 14 South, Range 3 West (to be known as YMCA Addition)
from District "A" (Second Dwelling House District) to District "C" (Apartment
House District). A motion was made by Commissioner Weisgerber, seconded by
Commissioner Usher to refer the petition to the City Planning Commission for a
recommendation. Ayes: (4). Nays: (0). Motion carried.
PETITION NUMBER 3534 was filed by Daniel C. King for the paving and
guttering of Schippel Drive between Lewis and Ohio and the paving and guttering
of Fawn Street between Cloud and Schippel Drive. Also, the installation of
water lines to be located in the above streets, and sanitary sewer service for
Block 4, Schippel Addition to the City of Salina, Kansas. A motion was made
by Commissioner Duckers, seconded by Commissioner Usher to refer the petition
to the City Engineer for a report. Ayes: (4). Nays: (0). Motion carried.
PETITION NUMBER 3535 was filed by Tasker, Inc., for the rezoning of
the South 37� feet of Lot 22, and all of Lot 23, Block 1, Santa Fe Park Addition
from District "B" (Two -Family Dwelling House District) to District "DD" (Office
District). A motion was made by Commissioner Usher, seconded by Commissioner
Weisgerber to refer the petition to the City Planning Commission for a
recommendation. Ayes: (4). Nays: (0). Motion carried.
PETITION NUMBER 3536 was filed by James E. Sullivan for water service,
sanitary sewer service and frontage road pavement for Lot 1, Block 1, Sullivan
Addition. A motion was made by Commissioner Weisgerber, seconded by CommissionE
Usher to refer the petition to the City Engineer for a report. Ayes: (4).
Nays: (0). Motion carried.
PETITION NUMBER 3537 was filed by James E. Sullivan for the vacation
of the west 10 feet of the frontage road along the east side of Lot 1, Block 1,
Sullivan Addition to the City of Salina. Mr. Sullivan will grant a utility
easement to the City of Salina for the same 10 feet of land.
20
The City Engineer reported that due to the rural design of South
Ninth Street, an extra wide right-of-way was required to accommodate drainage
ditches. The Right-of-way in this area is 60 feet from the centerline of the
two southbound or west lanes. This would compare to a 38 foot distance from
the same point on a 4 lane arterial with 50 foot of right-of-way on one side.
Due to this extra width of separation between the frontage road and the travel
lanes, we do not feel the 50 feet of frontage road right-of-way is required on
this particular street. He said he discussed this request with the Planning
Department and they concur in a recommendation that this vacation of street
right-of-way be allowed and that the City accept the dedication of the utility
easement.
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Duckers to accept the City Engineer's recommendation and introduce an ordinance
for first reading to vacate the west 10 feet of street right-of-way. Ayes: (4).
Nays: (0). Motion carried.
Ordinance Passed:
COMMISSION AGENDA
Number:
The Commissioners brought the following items to the floor for
discussion:
1. Acting Mayor Simpson announced there will be a special meeting
of the Urban Renewal Agency at 3 o'clock, Tuesday, March 2, 1976 to close out
Urban Renewal Project, NDP, A-8.
2. Commissioner Weisgerber said the city received a proposal last
week for insurance for public officials and employees liability. He said
they had a meeting regarding this type of insurance at the National League of
Cities Convention in Maimi Beach, and the necessity for it.
Mr. Benny York explained that this is an errors and omissions type
of insurance and by a Supreme Court decision commissioners can be held liable
for their own acts as commissioners, and they cannot buy individual policies
to protect themselves. The policy will not cover an intentional act, but it
will cover an act that you think is an act in good faith and it turns out to
be wrong, if you are sued the policy will cover it.
The City Attorney recommended the City Commissioners obtain such a
policy, and that $1,000,000.00, single limits, would probably be adequate.
The policy would cover the elected officials, the employees, and anyone
appointed to any of the boards or commissions.
Commissioner Usher asked if the Housing Authority could be included?
Commissioner Weisgerber asked about the Salina Airport Authority?
Mr. York replied the Airport Authority could probably be covered on
the property they control; and the Housing Authority could probably be included
in the policy. He also added he must make a reply to the proposal by March 4th.
The City Attorney stated the Airport Authority has their own insurance
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Duckers to add the consideration of the insurance policy to the agenda for
formal action. Ayes: (4). Nays: (0). Motion carried.
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Duckers to instruct the staff proceed with a contract for errors and omissions
insurance, with $1,000,000.00 single limits, to be paid from Insurance and
Contingencies fund. Ayes: (4). Nays: (0). Motion carried.
f 0
3. ACTING MAYOR SIMPSON reported both the Saline County Commissioner
and the School Board are receptive to the idea of joint meetings. Day,
frequency and time will be determined.
4. COMMISSIONER DUCKERS asked what progress the Baseball Facilities
Committee is making on getting together to make a recommendation on the
existing baseball facilities and proposals for new facilities?
Mr. Olson replied the Mayor did appoint some members to this committee
The ball diamond is being prepared for the ball season this year as Kansas
Wesleyan's season starts in about 3 weeks.
A MOTION was made by Commissioner Duckers, seconded by Commissioner
Usher that the Regular Meeting of the Board of Commissioners be adjourned..
Ayes: (4). Nays: (0). Motion carried.
i
D. L. Harrison, City Clerk
1
1