03-22-1976 MinutesCity of Salina, Kansas
Regular Meeting of the Board
Of Commissioners
March 22, 1976
The Regular Meeting of the Board of Commissioners' met in the
Commissioners' Room, City -County Building, on Monday, March 22, 1976, 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 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:
Commissioner Gerald F. Simpson
The Minutes of the Regular Meeting of March 15, 1976 were approved
as printed.
THE MAYOR PROCLAIMED the Month of April, 1976 "PAINT -UP, FIX -UP,
AND CLEAN-UP MONTH". The proclamation was read by Commissioner W. M. Usher.
STAFF AGENDA
BIDS WERE RECEIVED for water mains on Woodland and Prospect Avenues,
East of Ohio Street. (Engineering project 76-599)
Stevens Contractors, Inc. $ 31,036.25
J. S. Frank Construction Company, Inc. 31,813.30
Wilson Constructors, Inc. 32,810.00
Smoky Hill, Inc. 33,235.00
Earth Excavation, Inc. 37,725.55
Engineer's Estimate 40,350.00
A motion was made by Commissioner Usher, seconded by Commissioner
Duckers to award the contract to Stevens Contractors, Inc., providing the
proposal meets the Engineer's specifications. Ayes: (4). 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."
(Rezoning of property in Blocks 1 and 2, Riverdale Addition to Districts "D"
(Local Business District) and District "DD" (Office District), rezoning was
requested in Petition Number 3523 which was filed by Dan Bolen). A motion was
made by Commissioner Weisgerber, seconded by Commissioner Usher to adopt the
ordinance as read and the following vote was had: Ayes: Duckers, Usher,
Weisgerber, Caldwell (4). Nays: (0). Commissioner Simpson absent. Carried.
The Mayor approved the ordinance and it is numbered 8475. The ordinance was
introduced for first reading March 8, 1976.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
relating to public officials and employees of the City of Salina, Kansas;
providing security, indemnification and payment of certain expenses incurred
in adjusting, settling or defending claims brought against them for their
actions in discharging city duties or performing city employment." A motion
was made by Commissioner Duckers, seconded by Commissioner Usher to adopt the
ordinance as read and the following vote was had: Ayes: Duckers, Usher,
Weisgerber, Caldwell (4). Nays: (0). Commissioner Simpson absent. Carried.
The Mayor approved the ordinance and it is numbered 8476. The ordinance was
introduced for first reading March 15, 1976.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
providing for the billing and collection for water and sewerage service and
the procedure for disconnection of said water service for non-payment of
bills; amending Section 35-64 of the Salina Code and repealing the existing
section." 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, Usher, Weisgerber, Caldwell (4). Nays: (0). Commissioner Simpson
absent. Carried. The Mayor approved the ordinance and it is numbered 8477.
The ordinance was introduced for first reading March 15, 1976.
THE CITY ENGINEER reported on a request by Gene Hinde of Wilson &
Company, Architect for Frank Roth for a parking variance on Parkwood Street
and the frontage road parallel to Ohio Street in Parkwood Village. Mr. Hinde,
Mr. Roth, Mr. Boyer, and Mr. Olson approached the bench to discuss the revised
plan with the City Commissioners. The revised plan provides that the building
will be set back far enough on the lot to allow all parking spaces to be
entirely on private property. They are now requesting permission of the City
Commission for recessed parking spaces. The City Engineer also recommended
parking be restricted on both sides of Parkwood Street from the frontage road
parallel to Ohio Street to the alley first east of the frontage road. A
motion was made by Commissioner Weisgerber, seconded by Commissioner Duckers
to accept the City Engineer's recommendation and approve the request for
recessed parking on Parkwood Street, and to adopt a resolution entitled: "A
RESOLUTION authorizing the installation and marking of both sides of Parkwood
Street from the east line of the frontage road parallel to Ohio Street in
Parkwood Village to the west line of the alley first east, approximately 205
feet, as a No Parking Zone." Ayes: Duckers, Usher, Weisgerber, Caldwell (4).
Nays: (0). Commissioner Simpson absent. The Mayor approved the Resolution
and it is numbered 3265.
THE CITY CLERK reported the assessment rolls are ready for the
following improvements, to -wit: (Engineering Project 75-590)
Water main in Van Horne Street from Ohio Street to the
Missouri Pacific Railroad
as authorized by Resolution Number 3230, passed by the Board of Commissioners
on the 21st day of April, 1975.
Curbing, guttering, paving and grading of APPLEWOOD LANE
from the east line of Fairdale Road to the west end of
Applewood Lane cul-de-sac.
Curbing, guttering, paving and grading of BEECHWOOD ROAD
from the south line of Brookwood Lane to the south line
of Applewood Lane.
Curbing, guttering, paving and grading of FAIRDALE ROAD
from the south line of Brookwood Lane to the south line of
Applewood Lane.
Curbing, guttering, paving and grading of NORTHWOOD LANE
from the east line of Fairdale Road to the south line of
Glen Avenue.
Curbing, guttering, paving and grading of BRET AVENUE
from the north line of Bonnie Ridge Addition to the
south line of Edward Street.
Curbing, guttering, paving and grading of EDWARD STREET
from the southwest line of Bret Avenue to the north line
of Twin Oaks Subdivision.
Water systems.
Sanitary Sewer Systems.
Storm Sewer System.
as authorized by Resolution Number 3232, passed by the Board of Commissioners
of the City of Salina, Kansas, on the 5th day of May, 1975.
Paving and grading of Fairdale Road from Crawford Avenue
to Country Hills Road
as authorized by Resolution Number 3235, passed by the Board of Commissioners
of the City of Salina, Kansas, on the 12th day of May, 1975.
The assessments have been determined and the final costs have been
filed by the City Engineer.
A motion was made by Commissioner Duckers, seconded by Commissioner
Usher to instruct the City Clerk to publish notice in the official city newspaper
at least once not less than ten days prior to the date of April 5, 1976, the
date set for the hearing on said assessments, and that at the same time notice
is published to mail to the owners of property made liable to pay the assessment,
at their last known post office address, a notice of the hearing and a statement
of the cost proposed to be assessed against the land so owned and assessed.
Ayes: (4). Nays: (0). Motion carried.
THE CITY ENGINEER reported on Petition Number 3538 which was filed
by Monty Montee for the installation of sanitary sewer, water main and paving
on Scott Avenue from Linda Lane to Patty Drive, that, "There are four signatures
on this petition representing eleven of twenty-six lots. Of these eleven
lots, five are owned by the signatories on the petition and six are being
purchased on contract. Counting the contract purchasers, there would be over
50% of the owners on the petition representing approximately 35% of the property.
We cannot legally count the contract purchasers as valid signatories, therefore
the petition is not legally valid.
"This portion of Scott Avenue is the only block not paved in Bonnie
Ridge Addition and could be forced in by Resolution as a connecting link. I
would recommend that we proceed with a feasibility report on this petition."
A motion was made by Commissioner Usher, seconded by Commissioner
Duckers to accept the Engineer's recommendation, and instruct the City Engineer
to prepare a feasibility report for the improvements. Ayes: (4). Nays: (0).
Motion carried.
THE CITY ENGINEER reported on Petition Number 3539 which was filed
by Lawrence Warta, President of Warta Buick, Inc., for water main and sanitary
sewer to serve Block 3, Wallerius Addition, that the petitioner owns 100% of
the benefit district and is therefore a valid petition. A motion was made by
Commissioner Duckers, seconded by Commissioner Weisgerber to accept the
Engineer's recommendation and approve the petition. Ayes: (4). Nays: (0).
Motion carried.
A RESOLUTION was introduced and passed entitled: "A RESOLUTION
authorizing the preparation and filing with the Department of Housing and
Urban Development of a 2nd year Community Development Block Grant Program
Application; designating the City Manager as the authorized representative of
the City to act in connection with the application; and to provide such
additional information as may be required." A motion was made by Commissioner
Weisgerber, seconded by Commissioner Duckers to adopt the Resolution as read
and the following vote was had: Ayes: Duckers, Usher, Weisgerber, Caldwell
(4). Nays: (0). Commissioner Simpson absent. Carried. The Mayor approved
the Resolution and it is numbered 3263.
A motion was made by Commissioner Duckers, seconded by Commissioner
Weisgerber to accept the recommendation of the City Planning Commission and
introduce the required ordinances for first reading to amend the zoning ordinance.
Ayes: (4). Nays: (0). Motion carried.
Ordinance Passed: Number:
Ordinance Passed: Number:
A LETTER was received from the City Planning Commission recommending
the denial of Petition Number 3527 which was filed by Salina Development
Company, Inc., Doyle F. Yockers, for the rezoning of 58 lots in Key Acres 2nd
Addition.
Mr. Yockers was present and asked that the petition be referred back
to the City Planning Commission to consider an alternate to the original
request.
Mr. Dennis Peterson was present and told the City Commissioners 12
to 15 families were represented at the hearing on the proposed rezoning and
expressed their opposition to the rezoning of this property. He asked the
Commissioners to accept the recommendation of the City Planning Commission and
deny the petition because the alternatives were discussed at the meeting and
they are not acceptable with the property owners in the area.
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Usher to refer the petition back to the City Planning Commission at the petition
request. Ayes: (4). Nays: (0). Motion carried.
A LETTER was received from the City Planning Commission recommending
no action be taken, as the request is outside our jurisdiction, on Petition
Number 3545 which was filed by the Saline County Planning and Zoning Commission.
A motion was made by Commissioner Duckers, seconded by Commissioner Usher to
accept the recommendation of the City Planning Commission and take no action
on Petition Number 3545. Ayes: (4). Nays: (0). Motion carried.
PUBLIC AGENDA
PETITION NUMBER 3546 was filed by Century Sales Engineering Company,
Inc., for the rezoning of Lot 17, Block 6, Pacific Addition, from District "E"
(General Business District) to District "F" (Light Industrial District). A
motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to
refer the petition to the City Planning Commission. Ayes: (4). Nays: (0).
Motion carried.
A CEREAL MALT BEVERAGE License Application was filed by David S.
Payne, d/b/a Payne Oil Company, 1417 South Ninth, Terry Morrand, Manager.
(New application). The City Clerk reported the applicant had 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 license application and authorize
the City Clerk to issue the license. Ayes: (4). Nays: (0). Motion carried.
A RESOLUTION was introduced and passed entitled: "A RESOLUTION
granting assurances to the U. S. Department of Housing and Urban Development
that the City of Salina will comply with certain Federal Laws hereinafter set
forth." 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, Usher, Weisgerber, Caldwell (4). Nays: (0). Commissioner Simpson
absent. The Mayor approved the Resolution and it is numbered 3264.
A LETTER was received from the City Planning Commission recommending
that Ordinance Number 6613 be amended by adding a section on Planned Development
Districts (P.D.D) and by repealing the existing Section 20 which provides for
Community Unit Plans (C -U -P) and that #6, Section 9, District "C", Use Regulations
egulations be amended to read: "(6) Hospitals, sanitariums, nursing homes,
rest homes, retirement and adult care homes, other than for the insane or
feebleminded."; and that a new #24 be added to Section 15, Special Classes, to
read "(24) Hospitals, sanitariums, nursing homes, rest homes, retirement and
adult care homes."
A motion was made by Commissioner Duckers, seconded by Commissioner
Weisgerber to accept the recommendation of the City Planning Commission and
introduce the required ordinances for first reading to amend the zoning ordinance.
Ayes: (4). Nays: (0). Motion carried.
Ordinance Passed: Number:
Ordinance Passed: Number:
A LETTER was received from the City Planning Commission recommending
the denial of Petition Number 3527 which was filed by Salina Development
Company, Inc., Doyle F. Yockers, for the rezoning of 58 lots in Key Acres 2nd
Addition.
Mr. Yockers was present and asked that the petition be referred back
to the City Planning Commission to consider an alternate to the original
request.
Mr. Dennis Peterson was present and told the City Commissioners 12
to 15 families were represented at the hearing on the proposed rezoning and
expressed their opposition to the rezoning of this property. He asked the
Commissioners to accept the recommendation of the City Planning Commission and
deny the petition because the alternatives were discussed at the meeting and
they are not acceptable with the property owners in the area.
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Usher to refer the petition back to the City Planning Commission at the petition
request. Ayes: (4). Nays: (0). Motion carried.
A LETTER was received from the City Planning Commission recommending
no action be taken, as the request is outside our jurisdiction, on Petition
Number 3545 which was filed by the Saline County Planning and Zoning Commission.
A motion was made by Commissioner Duckers, seconded by Commissioner Usher to
accept the recommendation of the City Planning Commission and take no action
on Petition Number 3545. Ayes: (4). Nays: (0). Motion carried.
PUBLIC AGENDA
PETITION NUMBER 3546 was filed by Century Sales Engineering Company,
Inc., for the rezoning of Lot 17, Block 6, Pacific Addition, from District "E"
(General Business District) to District "F" (Light Industrial District). A
motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to
refer the petition to the City Planning Commission. Ayes: (4). Nays: (0).
Motion carried.
A CEREAL MALT BEVERAGE License Application was filed by David S.
Payne, d/b/a Payne Oil Company, 1417 South Ninth, Terry Morrand, Manager.
(New application). The City Clerk reported the applicant had 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 license application and authorize
the City Clerk to issue the license. Ayes: (4). Nays: (0). Motion carried.
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A CEREAL MALT BEVERAGE License Application was filed by Dorothy C.
Hutchinson, d/b/a 19th Hole Restaurant, (Renewal application). The City Clerk
reported the applicant had 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 license application and authorize the City Clerk to issue the
license. Ayes: (4). Nays: (0). Motion carried.
A TREE TRIMMING License Application was filed by Ronald J. Burt,
d/b/a Burt Tree Care, Culver, Kansas. The City Clerk reported the applicant has
paid the required fee and has the required surety bond and public liability
insurance on file. A motion was made by Commissioner Usher, seconded by
Commissioner Weisgerber to approve the license application and authorize the
City Clerk to issue the license. Ayes: (4). Nays: (0). Motion carried.
THE CITY COMMISSIONERS considered a Special Warranty Deed from the
Salina American Revolution Bicentennial Commission to the City of Salina and a
Special Warranty Deed and Assignment of Grant of Easement from the City of
Salina to Unified School District Number 305 for Outdoor Environmental Laboratory
property.
Mrs. Jean Hudder, Horizons '76 Chairman of the Salina American
Revolution Bicentennial Commission, was present, and explained that she would
present the Special Warranty Deed to the USD 305 School Board at their meeting
on Tuesday, March 23rd, if it is approved by the City Commission.
A motion was made by Commissioner Duckers, seconded by Commissioner
Usher to authorize the Mayor to sign the Special Warranty Deed. Ayes: (4).
Nays: (0). Motion carried.
COMMISSION AGENDA
The following items were brought to the floor for discussion:
Commissioner Usher said fire and extended coverage on home insurance
would be increased by 40% if an administrative action by the Commissioner of
Insurance goes into effect. The increase is based on a study of climate and
not on insurance claims. He asked the Commission to authorize the Mayor to
write to the Commissioner of Insurance stating the disapproval of the City
Commission.
Mr. Bengtson suggested a Resolution setting out the facts with a
letter from the Mayor would probably be more effective. They have 30 days
from March 20 to notify the Commissioner of Insurance. Mr. Bengtson said he
will get together with Dennis Poer, Secretary of the Salina Insurance Board
and have a resolution ready for the next commission meeting.
Mr. Frank Roth expressed his thanks for the consideration and help
he received from the City Commission and City staff while working on his
recessed parking request.
A MOTION was made by Commissioner Weisgerber, seconded by Commissioner
Duckers that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (4). Nays: (0). Motion carried.
D. L. Harrison, City Clerk