04-08-1974 MinutesA 44 �,
City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
April 8, 1974
The Regular Meeting of the Board of Commissioners met in the
Commissioners' Room, City -County Building, on Monday, April 8, 1974, 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 Jack Weisgerber, Chairman presiding
Commissioner Robert C. Caldwell
Commissioner Norma G. Cooper
Commissioner Mike Losik, Jr.
Commissioner W. M. Usher
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 Special Meeting of April 2, 1974, were approved
as mailed.
STAFF AGENDA
A PUBLIC HEARING was held on the proposed assessments for the
improvements in Engineering Project 73-555:
Concrete curbing, guttering, paving and grading
of Kirwin Avenue from the east curb line of Ohio
Street to a point 430 feet East.
Concrete paving and grading of Third Street from
Mulberry Street south to the Smoky Hill River.
Asphalt paving, grading and water mains for Dewey
Street from the west lot lines of Lots 2 and 3,
Brown and Brown Addition to Bromac Street.
as authorized by Resolution Number 3146, passed by the Board of
Commissioners on the 4th day of June, 1973.
There were no protests, and no changes were made in the proposed
assessment.
A motion was made by Commissioner Cooper, seconded by Commissioner
Usher to approve the assessments and to introduce the assessment ordinance for
first reading. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed: Number:
1.23
A RESOLUTION was introduced and passed entitled: "A RESOLUTION
authorizing and ordering certain street and water main improvements, ordering
preparation of plans and specifications and the estimate of costs." A motion
was made by Commissioner Caldwell, seconded by Commissioner Losik to adopt the
Resolution as read and the following vote was had: Ayes: Caldwell, Cooper, Losik,
Weisgerber (4). Nays: (0). Commissioner Usher abstained. The Mayor approved
the Resolution and it is numbered 3181.
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 the South 45 feet of Lot 26 and all of Lot 28, Block 6, Bonds
Addition to District "C" (Apartment District) requested in Petition Number
3398, filed by B. J. Frick). A motion was made by Commissioner Usher, seconded
by Commissioner Losik to adopt the Ordinance as read and the following vote was
had: Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0). Carried.
The Mayor approved the Ordinance and it is numbered 8342. The ordinance was
introduced for first reading March 25, 1974.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
ratifying and confirming a contract with Stevens Contractors, Inc., for the
construction of certain improvements in the City of Salina, Kansas, and providing
for the issuance of temporary notes to pay the cost thereof, pending the issuance
and sale of bonds." (Engineering Project 74-564 - Part I for Water and Sanitary
Sewer Improvements) A motion was made by Commissioner Losik, seconded by
Commissioner Usher to approve the Ordinance as read and the following vote was
had: Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0). Carried.
The Mayor approved the Ordinance and it is numbered 8343. The ordinance was
introduced for first reading April 1, 1974.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
ratifying and confirming a contract with Brown and Brown, Inc., for the
construction of certain improvements in the City of Salina, Kansas, and providing
for the issuance of temporary notes to pay the cost thereof, pending the issuance
and sale of bonds." (Engineering Project 74-564 - Part II for street improvement
A motion was made by Commissioner Cooper, seconded by Commissioner Usher to adopt
the ordinance as read and the following vote was had: Ayes: Caldwell, Cooper,
Losik, Usher, Weisgerber (5). Nays: (0). Carried. The Mayor approved the
Ordinance and it is numbered 8344. The ordinance was introduced for first
reading April 1, 1974.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
specifying the days and hours when retail sale of alcoholic liquors is prohibited
within the corporate limits of the City, amending Section 6-7 of the Salina Code
and repealing the existing section."
Commissioner Usher said he has not changed his point of view on it.
"I don't think it is the prerogative of this Commission to be setting the hours
of retail stores, if they in fact really wanted to do it, they could do it
themselves, and I am concerned that eventually we will have changes in licensees
and you will probably find some of them will want to stay open until 11, so they
will be back again and we will have to change it again."
Commissioner Caldwell asked the liquor store operators if they would be
willing to change back if there is opposing opinion from the public.
Mrs. Sullivan replied they would.
A motion was made by Commissioner Caldwell, seconded by Commissioner
Cooper to adopt the ordinance as read and the following vote was had: Ayes:
Caldwell, Cooper, Weisgerber (3). Nays: Usher (1). Commissioner Losik abstained
Carried. The Mayor approved the ordinance and it is numbered 8345. The ordinanc
was introduced for first reading April 1, 1974.
124
Ordinance Passed: Number:
A LETTER was received from the Metropolitan Planning Commission
recommending the denial of Petition Number 3403, which was filed by Cecil F. Hear
for the rezoning of the South 2 of Lot 3 and the North 2 of Lot 5, Block 7, South
Park Addition from District "A" (Second Dwelling House District) to District "D"
(Local Business District). A motion was made by Commissioner Usher, seconded by
Commissioner Caldwell to accept the recommendation of the Metropolitan Planning
Commission and deny the petition for rezoning. Ayes: (5). Nays: (0). Motion
carried.
A LETTER was received from the Metropolitan Planning Commission
recommending the approval of Petition Number 3404, which was filed by Salina Whit
Trucks, Inc., for the rezoning of a tract of land in the Northwest Quarter of
Section 36, Township 13 South, Range 3 West of the 6th Principal Meridian from
District "A" (Second Dwelling House District) to District "D" (Local Business
District), subject to platting and evidence of elevation. A motion was made by
Commissioner Usher, seconded by Commissioner Losik to accept the recommendation
of the Metropolitan Planning Commission and approve the rezoning subject to the
restrictions recommended by the Planning Commission of platting and evidence of
elevation, and to introduce the ordinance for first reading. Ayes: (5). Nays: ( ).
Motion carried.
Ordinance Passed: Number:
A LETTER was received from the Metropolitan Planning Commission
recommending the approval of Petition Number 3406, which was filed by Steven M.
Hanson and Larry M. Hays, for the rezoning of Lot 8, Block 5, Walnut Grove
Addition from District "B" (Two -Family Dwelling House District) to District "D"
(Local Business District). A motion was made by Commissioner Losik, seconded by
Commissioner Usher to accept the recommendation of the Metropolitan Planning
Commission and approve the rezoning, and to introduce the ordinance for first
reading. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed:
Number:
A LETTER was received from the Citizens' Advisory Committee recommendin
certain capital improvements for the City of Salina, Kansas.
Mr. Gib Wenger was present and briefly covered their written
recommendations and explained water distribution (low water pressure in the north
end of town and low water pressure in the interior close in and south of
Crawford); sewer separation; street widening (Crawford Street from Broadway to
Ohio); interior storm drainage; linear parks, are the projects the Citizens'
Advisory Committee feels need attention.
Commissioner Cooper pointed out that action has been initiated on some
of the proposed improvements to the water treatment and distribution system and
linear parks.
A motion was made by Commissioner Usher, seconded by Commissioner
Caldwell to accept the letter and take it under advisement. Ayes: (5). Nays: (0 .
Motion carried.
A LETTER was received from the Metropolitan Planning Commission
recommending the denial of Petition Number 3400, which was filed by B. R. Becker
for the rezoning of Lot 6, Block 1, Woodland Addition from District "B" (Two -
Family Dwelling House District) to District "FFt1 (Restricted Industrial District).
A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to
accept the recommendation of the Metropolitan Planning Commission and deny the
petition for rezoning. Ayes: (5). Nays: (0). Motion carried.
A LETTER was received from the Metropolitan Planning Commission
recommending the approval of Petition Number 3402, which was filed by William D.
Smith for the rezoning of Lots 8, 9, 10, Block 3, Riverview Addition from
District "A" (Second Dwelling [louse District) to District "C" (Apartment District).
A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to
accept the recommendation of the Metropolitan Planning Commission and approve the
rezoning, and to introduce the ordinance for first reading. Ayes: (5). Nays: (0).
Motion carried.
Ordinance Passed: Number:
A LETTER was received from the Metropolitan Planning Commission
recommending the denial of Petition Number 3403, which was filed by Cecil F. Hear
for the rezoning of the South 2 of Lot 3 and the North 2 of Lot 5, Block 7, South
Park Addition from District "A" (Second Dwelling House District) to District "D"
(Local Business District). A motion was made by Commissioner Usher, seconded by
Commissioner Caldwell to accept the recommendation of the Metropolitan Planning
Commission and deny the petition for rezoning. Ayes: (5). Nays: (0). Motion
carried.
A LETTER was received from the Metropolitan Planning Commission
recommending the approval of Petition Number 3404, which was filed by Salina Whit
Trucks, Inc., for the rezoning of a tract of land in the Northwest Quarter of
Section 36, Township 13 South, Range 3 West of the 6th Principal Meridian from
District "A" (Second Dwelling House District) to District "D" (Local Business
District), subject to platting and evidence of elevation. A motion was made by
Commissioner Usher, seconded by Commissioner Losik to accept the recommendation
of the Metropolitan Planning Commission and approve the rezoning subject to the
restrictions recommended by the Planning Commission of platting and evidence of
elevation, and to introduce the ordinance for first reading. Ayes: (5). Nays: ( ).
Motion carried.
Ordinance Passed: Number:
A LETTER was received from the Metropolitan Planning Commission
recommending the approval of Petition Number 3406, which was filed by Steven M.
Hanson and Larry M. Hays, for the rezoning of Lot 8, Block 5, Walnut Grove
Addition from District "B" (Two -Family Dwelling House District) to District "D"
(Local Business District). A motion was made by Commissioner Losik, seconded by
Commissioner Usher to accept the recommendation of the Metropolitan Planning
Commission and approve the rezoning, and to introduce the ordinance for first
reading. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed:
Number:
A LETTER was received from the Citizens' Advisory Committee recommendin
certain capital improvements for the City of Salina, Kansas.
Mr. Gib Wenger was present and briefly covered their written
recommendations and explained water distribution (low water pressure in the north
end of town and low water pressure in the interior close in and south of
Crawford); sewer separation; street widening (Crawford Street from Broadway to
Ohio); interior storm drainage; linear parks, are the projects the Citizens'
Advisory Committee feels need attention.
Commissioner Cooper pointed out that action has been initiated on some
of the proposed improvements to the water treatment and distribution system and
linear parks.
A motion was made by Commissioner Usher, seconded by Commissioner
Caldwell to accept the letter and take it under advisement. Ayes: (5). Nays: (0 .
Motion carried.
125
A LETTER was received from the Citizens' Advisory Committee
recommending no action be taken at this time in the matter of showing certain
types of movie film at drive-in theatres.
Commissioner Cooper said, "This was initially a subject that I had
placed on the City Commission agenda. Following the item showing up on the
Commission Agenda and it being referred to the Citizens' Advisory Committee, I
had occasion to visit with several people regarding the subject, primarily church
affiliated type of individuals. At the time that I visited with them, they seeme�
to express a concern in the area of this particular form of entertainment, and I
suggested to them that if they were concerned about it, their best approach would
be to either go to the Citizens' Advisory hearing, which they would be holding,
go to them in person and express their views on it or forward some sort of
correspondence to them expressing their views. According to the minutes of the
Advisory Committee, there was simply not any comment forthcoming, so I can only
agree with the conclusions of the Advisory Committee. There is apparently not
any demand on the part of people in the community for any kind of restraint or
limitations to the kinds of film that is shown at outdoor theatres. The fact tha
there was not any comments forthcoming I think speaks pretty loudly, but nonethel
I agree with Citizens' Advisory, so far as I am concerned it is a dead issue.
I move we accept their recommendation and take no action on the subject."
Commissioner Usher seconded the motion. Ayes: (5). Nays: (0). Motion
carried.
THE CITY ENGINEER filed a feasibility report for improvements in Bonnie
Ridge Addition. (Improvements were requested in Petition Number 3314, which was
filed by Lee 0. Haworth for the installation of streets, water and sewer lines
on Bret Avenue from Neal Avenue south and east to the existing pavement; Patty
Drive from Bret Avenue to Scott Avenue; Scott Avenue from Patty Drive to Melanie
Lane; and improvements requested in Petition Number 3409 which was filed by
Verner C. Smith, for the installation of streets, water and sewer lines on Linda
Lane from Neal Avenue to the south edge of Bonnie Ridge Addition). A motion was
made by Commissioner Losik, seconded by Commissioner Usher to accept the
Feasibility Report as filed by the City Engineer. Ayes: (5). Nays: (0). Motion
carried.
COMMISSION AGENDA
None
PUBLIC AGENDA
PETITION NUMBER 3417 was filed by Evelyn M. Maxwell for the installatio
of curb side type sidewalk from the corner of Wayne and Quincy on the south side
of Wayne to the west property line of 414 Wayne, and on the north side of Wayne
from the corner of Leland Way to the corner of Fourth Street (with the City
connecting the sidewalk between the Diehl and Struble property lines). A motion
was made by Commissioner Usher, seconded by Commissioner Caldwell to refer the
petition to the City Engineer for a recommendation. Ayes: (5). Nays: (0).
Motion carried.
PETITION NUMBER 3418 was filed by Yockers Building Company, Inc., for
improvements - street, sanitary sewer, water and storm drainage to serve Lots 7
to 29, Block 32, and Lots 2 to 11, Block 35, Key Acres Second Addition. A motion
was made by Commissioner Losik, seconded by Commissioner Usher to refer the
petition to the City Engineer for a recommendation. Ayes: (5). Nays: (0).
Motion carried.
A TREE TRIMMING License application was filed by Kim Alan Montgomery,
d/b/a Quality Firewood, R. R. # 1, Bridgeport, Kansas. (New application) The
City Clerk reported the applicant has paid the required fee, and has the proper
surety bond and public liability insurance on file. A motion was made by
Commissioner Losik, seconded by Commissioner Usher to approve the license
application and authorize the City Clerk to issue the license. Ayes: (5).
Nays: (0). Motion carried.
S
1 C)
A CEREAL MALT BEVERAGE LICENSE Application was filed by Judy Clemence
d/b/a A & J Roadrunner, 616 North Broadway. (New application). The City Clerk
reported the applicant has 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 Losik to appro,
the license application and authorize the City Clerk to issue the license.
Ayes: (5). Nays: (0). Motion carried.
A REQUEST was received from the Saline County Rural Water District
Number 3 for new hook-ups for owners of less than 20 acres.
Commissioner Losik asked, "Larry, from the legal standpoint under this
20 acres, now first of all we have got a point here that I would like to have
clear in my mind. They are asking us to exempt them under the terms that the
town of Mentor was exempted, but yet they also come right here and say this area
could easily qualify as a part of the town of Mentor, but is outside the platted
townsite, so now they are asking us to exempt something that the town was exempt
from acknowledging that it is not in the town. Now how do we stand on this?"
Mr. Bengtson replied, "I think what has been said, in our agreement wit
the rural water district where we agreed to furnish their district water we said
that hook-ups within the town of Mentor would be exempted. They could go ahead
and hook these up; that anyone who wanted to hook up on a tract of less than
20 acres outside of the town of Mentor or any other city within the water distric
would have to get permission from you to do this. So actually the agreement says
if there is anyone outside of the town of Mentor who wants to hook up, if it is
more than 20 acres they don't have to ask you, if it is less than 20 acres you
have to approve it. They are saying they have 3 customers that have tracts of
less than 20 acres and although they are adjacent to Mentor right now, they are
not within the town of Mentor, so therefore they need your permission to hook
them up."
Commissioner Losik said, "Now right at the present, the size of their
pipe will determine the amount of service, but what is to prevent them from
putting in higher capacity mains and then where do we go from there if we made
this exception?"
The City Attorney replied, "They can put them in, and of course any
time they come, they have to come to you."
Commissioner Losik said, "This is what I am saying, this is what I am
trying to bring out; now this could be the start of something that we might get
caught in the middle on too."
The City Attorney said, "Actually they are just requesting to hook on
3 more people onto their line. I think the idea was we didn't want these little
cells started all over the county and outside of them, and I think this is why
we accepted the town of Mentor was because it was there and existing now."
Commissioner Usher said, "I think under those kinds of conditions where
we have control, and there is only an inch and a half line, and then we do have
the authority to shut them off if it gets to be a burden on us that I would go
for these three, and I so move, Mr. Mayor."
,o
D. L. Harrison, City Clerk
Commissioner
Caldwell
seconded the motion. Ayes: (5). Nays: (0).
Motion carried.
A motion was
made by
Commissioner Caldwell, seconded by Commissioner
Usher that the Regular
Meeting
of the Board of Commissioners be adjourned.
Ayes: (5). Nays: (0).
Motion
carried.
,o
D. L. Harrison, City Clerk
126 A
Mayor Weisgerber - "Well, what they requested at that time, I think,
I am trying to remember that was in the way they - they bought their water, was
whether or not this increase would apply one way or whether it should be applied
another way to save them some cost. This really is a different issue. When the
original contract was written, the idea of prohibiting the hook-ups, of saying
there needed to be 20 acres or more unless it was within the city, was to prevent
acreages from being sold off out in the rural area and people just coming right
down the water line in small rural areas and that isn't true in this case, becaus
these are right adjacent to the little town of Mentor, but not within the city
limits."
Norris Olson - "Well, the problem here, I believe, I talked with Mr.
Lilly, Mr. Mayor, and they are involved here with the community of Mentor. It
is not an incorporated city. They do not have a city council. The hook-ups are
for some locations of two or three houses - three - immediately adjacent to the
East of Mentor, and they have no provisions other than the platting of the
original townsite, which never became an incorporated town or an incorporated
city. In visiting with Mr. Kendall Lilly, he confirmed what he said in the
letter and that is because of the limited quantity through an inch and a half
plastic pipe, they can almost assure there would be no similar request either in
this location or the other side of the street or some other addition. What is
the name of an addition there on the west side of town? They have an addition
or something on the west side of this location or the west side of town."
Mayor Weisgerber - "Mentor, no Mentor is all East of the railroad
tracks."
Norris Olson - "There is another stretch of housing anyway that he said
we cannot add any more additional houses in that area, even because of the
limited supply."
Mayor Weisgerber - "But I think what we are saying here really is that
this isn't out, these aren't small acres out really in a rural area, these attach
directly to the small community."
Norris Olson - "A community as compared to a city."
Commissioner Cooper - "My question though goes back aren't - isn't
this request for hook-ups for water - isn't the water from the same district and
the same source as the Water District Number 3, those people that were down here
objecting to the rates earlier? I finally found the memorandum."
Mayor Weisgerber - "it is the same group."
Norris Olson - "The same Water District? Yes!"
I{
Commissioner Cooper - "Oh, alright then the same quantity and supply
facilities or distribution or whatever is involved."
Norris Olson - "It is theirs."
Commissioner Cooper - "Right."
*
Commissioner Cooper - 11I can't find it in this mess
that I have here
now, but
earlier Jack, when this thing came up on the agenda,
it reminded me
that we
had a representative here from this particular Water District
and I
wouldn't
even want to take a much of a crack at when this was,
but I know it
has been
a year, year and a half ago, something like this. It
was at the time
that we
instituted the new water rates, I think they were very
disturbed because
of this
fact. Does the City Manager have any recollection of
those people that
were here,
resolved
the spokesman for those people? What did they want
about it because I don't even remember it. And this
and what was
request is from
i
I the same
Water District. Right?"
Mayor Weisgerber - "Well, what they requested at that time, I think,
I am trying to remember that was in the way they - they bought their water, was
whether or not this increase would apply one way or whether it should be applied
another way to save them some cost. This really is a different issue. When the
original contract was written, the idea of prohibiting the hook-ups, of saying
there needed to be 20 acres or more unless it was within the city, was to prevent
acreages from being sold off out in the rural area and people just coming right
down the water line in small rural areas and that isn't true in this case, becaus
these are right adjacent to the little town of Mentor, but not within the city
limits."
Norris Olson - "Well, the problem here, I believe, I talked with Mr.
Lilly, Mr. Mayor, and they are involved here with the community of Mentor. It
is not an incorporated city. They do not have a city council. The hook-ups are
for some locations of two or three houses - three - immediately adjacent to the
East of Mentor, and they have no provisions other than the platting of the
original townsite, which never became an incorporated town or an incorporated
city. In visiting with Mr. Kendall Lilly, he confirmed what he said in the
letter and that is because of the limited quantity through an inch and a half
plastic pipe, they can almost assure there would be no similar request either in
this location or the other side of the street or some other addition. What is
the name of an addition there on the west side of town? They have an addition
or something on the west side of this location or the west side of town."
Mayor Weisgerber - "Mentor, no Mentor is all East of the railroad
tracks."
Norris Olson - "There is another stretch of housing anyway that he said
we cannot add any more additional houses in that area, even because of the
limited supply."
Mayor Weisgerber - "But I think what we are saying here really is that
this isn't out, these aren't small acres out really in a rural area, these attach
directly to the small community."
Norris Olson - "A community as compared to a city."
Commissioner Cooper - "My question though goes back aren't - isn't
this request for hook-ups for water - isn't the water from the same district and
the same source as the Water District Number 3, those people that were down here
objecting to the rates earlier? I finally found the memorandum."
Mayor Weisgerber - "it is the same group."
Norris Olson - "The same Water District? Yes!"
I{
Commissioner Cooper - "Oh, alright then the same quantity and supply
facilities or distribution or whatever is involved."
Norris Olson - "It is theirs."
Commissioner Cooper - "Right."
L
1
1
Norris Olson - "Which applies to a main valve on our lines to serve
their entire system."
Commissioner Losik - "What was ever resolved on their request?
For a change in the rate structure for 'em."
Mayor Weisgerber - "Nothing
Commissioner Losik - "Okay."
We held with what we had."
Commissioner Cooper - "Were they so notified? Or did they just assume
that there wasn't any change because nothing happened?"
Commissioner Usher - "They got the bill."
Norris Olson - It was explained, if I am not mistaken, it was
explained to do anything contrary to the ordinance was providing preferential
treatment either to them or - if they were charged more than the going rate, we
would be mistreating the, if they were charged less than the going rate for any
comparable user, it would constitute preferential treatment."