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08-12-1974 Minutes220 City of Salina, Kansas Regular Meeting of the Board of Commissioners August 12, 1974 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, August 12, 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 W. M. Usher, Chairman presiding Commissioner Robert C. Caldwell Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. Commissioner Jack Weisgerber comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager M. E. Abbott, Acting City Clerk Absent: D. L. Harrison, City Clerk The Minutes of the Regular Meeting of August 5, 1974 were approved as printed. STAFF AGENDA A PUBLIC HEARING was held on the advisability of paving and grading improvements on East Crawford Avenue, as established in Resolution Number 3194, which was adopted July 29, 1974. There were many property owners present. Mr. Ernest Dill, 1925 Rolling Hills Circle, said he understands the improvement is for a two way street with no curbing and guttering. "I am wondering why in our particular area, if the road is going to be repaved, if we are not going to have curb and guttering, and if we are not going to have the same advantages that other people in town have had when their roads were built, I then, in that case, I have to question the proposed method of assessment. I am wondering why we, who live on the road cannot, should not, expect to receive the same benefits as everyone else, in other words, a residential road, curb and guttering, the whole bit like everyone else has. If we are not going to have that then I do not believe that the assessment, as is currently planned, assessing everyone equally according to the benefits, as if they were all going to receive the same benefits." Mr. F. E. Baringer, said he is building a house out there for his own use, and he is concerned that the property owners are being severely chastised to help pay for something to benefit a bunch of apartment houses. Mr. Al Hamele, 177 Aspen Road, said the street probably does need improvement, but questioned why the street would be improved to 32 feet instead of two twelve foot lanes. He also commented that he thought the street was being improved to sub -arterial standards with the installation of 6" concrete instead of 8" concrete for arterial type roads, and also that the assessments were not being fairly distributed among the property owners in the benefit district. Mr. Dill and Mr. Hamele questioned the notice which was mailed to the property owners in the area, and there was considerable discussion about the procedure for the improvement. 221 The City Attorney explained, "This is all that is required, and this is all that can even be secured at this point. We do not and cannot assure anybody of these costs. This is an estimate. We will not know until the contract is let until all the change orders are in, until the project is completed. The law does not require that we even have this feasibility report before we enter into this project. These Commissioners could have, if they wanted to, passed a Resolution last week that they were going to improve Crawford Street from the bridge one mile east. Now the law provides if they wish they may request a feasibility report and hold a public hearing on it, and this is what they are doing today. The cost here is merely to give you some idea as to what the cost will be. It could be less, it could be more, and also it is for them to determine the method of assessment. Now our Supreme Court has held that square foot basis is reasonable, front footage basis is reasonable, the valuation basis is reasonable, or any combination of this and any method that they select here. The feasibility report suggests the front footage, and the purpose of this hearing today is main) to determine is the project feasible and if they determine that it is feasible they will file a resolution to proceed with the project and that will be publishe in the paper and at that point you will have 20 days in which to file a legal protest to it. If more than 50 percent of the people oppose the project the City cannot go ahead with it. If a protest is not filed by 50 percent of the people in the area, then they can proceed with it. * When the project is completed and all the costs are determined we will spread the assessments and you will receive a specific notice as to what your assessment is, and we will again hold another hearing on the spreading of the assessments." Mr. Robert F. Frobenius, 1910 East Crawford, presented his proposal for the improvement on East Crawford. "I would propose this, that you put in the two lanes and make then twelve foot lanes each and put curb and gutter on the north side; then you will satisfy Mr. Dill and those people over there, you can build the proper depth road; then you could come along and add 2 lanes on the south side of the center line of Crawford, you could put two lanes in twenty-four feet, you have plenty of room, there is thirty feet there to put twenty-four feet on, and you could put another bridge on the south side of the present bridge, and you will have a nice straight road instead of a crooked one." Mr. E. L. Atherton, of Atherton Development Company, said he is buildin a 24 unit condominium at the corner of Upper Mill and Crawford, and wants to go on record as saying, "I would like to see the street properly maintained, but not changed." Mr. Phil Martin asked, "In the recent traffic count we are showing about 55 hundred cars right across the bridge going east and from Marymount on east over a thousand cars and within 10 percent of that figure going South, and I am wondering why they determined to go east rather than south. It would seem to me that the development the way it is, why isn't the new road being planned to the south?" Mr. Boyer replied, "One reason is because of the designation of Crawford as an arterial. This would also depend on what happens in the future with the road south. It is a dead end at the Elks Club, if that is changed it might put a different outlook on that street also." Mr. Bob Begnoche, 681 Starlight Drive, expressed his concern about the marketability of the lots on Crawford when the street is improved, and compared it to the lots that face South Ohio. Mr. Richard Barlow said he lives in the area, but not in the benefit district. He said, "I think we need a new road out there, definitely, I don't know that the way they are taxing for it is proper. Is there a way to enlarge the benefit district and spread this tax farther out?" * Note: This should be clarified as meaning the people owning more than 50% of the land within the benefit district. 222 A RESOLUTION was introduced and passed entitled: "A RESOLUTION determining the advisability of paving and grading improvements, estimating the cost thereof, defining the boundaries of the improvement district, method of assessment, apportioning the cost between the improvement district and the City - at -large." A motion was made by Commissioner Weisgerber, seconded by Commissione Caldwell to adopt the Resolution as read. Commissioner Losik said, "Before we vote, I would like to make it clear that I think that the amount of information that was brought out here today in my own mind, I don't think all of those questions were answered, I am afraid I just can't feel that we are doing this very timely. I think that we are acting in haste at this point." Mayor Usher called for a vote on the Resolution. Ayes: Caldwell, Cooper, Weisgerber, Usher (4). Nays: Losik (1). Carried. The Mayor approved the Resolution and it is numbered 3196. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the construction of certain sidewalks, for the payment of the cost thereof, and how the same shall be assessed and the manner of the payment therefor." (Sidewalks on Wayne, Key, Hartlane, Kirwin, Edward) A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerber, Usher (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8361. The ordinance was introduced for first reading August 5, 1974. THE CITY ENGINEER filed plans and specifications for Engineering Project 74-573 for sidewalks on Wayne, Key, Hartland, Kirwin, Edward. A motion was made by Commissioner Weisgerber, seconded by Commissioner Caldwell to accept the plans and specifications as filed, and to set the date of August 26, 1974 as the date to receive bids, and to instruct the City Clerk to publish a notice for bids to be received. Ayes: (5). Nays: (0). Motion carried. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE levying special assessments against certain lots and pieces of property to pay the cost of cutting weeds on certain lots and parts of lots and the parkways abutting thereon in the City of Salina, Kansas." A motion was made by Commissions Cooper, seconded by Commissioner Weisgerber to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerber, Usher (5). Nays: (0). Carried. The Mayor approved by the ordinance and it is numbered 8362. The ordinance was introduced for first reading August 5, 1974. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE levying special assessments aginst certain lots and pieces of property to pay the cost of abatement of nuisances, located on certain lots and parts of lots in the City of Salina, Kansas." 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, Losik, Weisgerber, Usher (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8363. The ordinan was introduced for first reading August 5, 1974. A LETTER was received from the City Planning Commission recommending the approval of the rezoning of Lots 1 - 6, Block 9, and Lots 2 and 3, Block 13, Shalimar Plaza Addition from District "A" (Second Dwelling House District) to District "C" (Apartment District), requested in Petition Number 3436, which was filed by Douglas G. Hill. A motion was made by Commissioner Caldwell, seconded by Commissioner Weisgerber to accept the recommendation of the City Planning Commission and to introduce the rezoning ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: 223 COMMISSION AGENDA None PUBLIC AGENDA PETITION NUMBER 3443 was filed by William J. Stover, 2087 Roach, for the rezoning of Lot 3, Block 5, 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 Weisgerber, seconded by Commissione Cooper to refer the petition to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. A REQUEST was received from Richard Barlow, member of the Community Enrichment Committee of the Salina Area Chamber of Commerce, asking permission and help in order to carry out the following plan: BEAUTIFICATION OF SMOKY HILL RIVER A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to accept the request of the Community Enrichment Committee of the Salina Area Chamber of Commerce, and support them as they have requested. Ayes: (5). Nays: (0). Motion carried. A MOTION was ma&,; by Commissioner Cooper, seconded by Commissioner Caldwell that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. -%,V/ C' �2 f M. E. Abbott, Acting City Clerk I Area involved --- River bank between the two foot bridges on the park side only. 1. Removal of unwanted brush, weeds, and small trees at edge of river bank. 2. Slightly change river bank (approximately four to one slope) to accomodate the use of small equipment for maintenance. 3. Provide grass seed for area. (Funds provided by Chamber of Commerce for the above - $5,000.00) 4. Seek help from City of Salina for the following: a. Seeing to the future upkeep of area and planting grass seed. b. Opening of mill gates so that river bank area can dry, about 30 days subject to City Engineer option in regards to any emergency. C. Need city help to haul away debris - approximately four trucks for one and one half days. Mr. Barlow said they would like to have a decision as soon as possible, because weather is a big factor in this project and they need the remaining part of the summer to accomplish it. A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to accept the request of the Community Enrichment Committee of the Salina Area Chamber of Commerce, and support them as they have requested. Ayes: (5). Nays: (0). Motion carried. A MOTION was ma&,; by Commissioner Cooper, seconded by Commissioner Caldwell that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. -%,V/ C' �2 f M. E. Abbott, Acting City Clerk I