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04-10-1972 MinutesA w City of Salina, Kansas Commissioners' Meeting April 10, 1972 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, April 10, 1972, 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 Leon L. Ashton 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 D. L. Harrison, City Clerk Absent: None The Minutes of the Regular Meeting of April 3, 1972, were approved as mailed. THE MAYOR PROCLAIMED the Week of April 10 through 15, 1972 - "LIFE INSURANCE L WEEK". The proclamation was read by Mr. Frank Ptacek, General Agent for American c >. National Insurance Company. C O +_ N o - - THE MAYOR PROCLAIMED the Month of April, 1972 - "CANCER CONTROL MONTH" and `� L �-'E s L Monday, April 17, 1972 - "CANCER CRUSADE DAY". The proclamation was read by D -+- 0 a + � D. L. Harrison, City Clerk, for Mrs. Donald Amend. E ^U 4- N 0_ Ln z ° THE MAYOR PROCLAIMED the Week of April 10 through 17, 1972 - "ARBOR WEEK". ° -0 (D coo L> The proclamation was read by Mrs. Michael 01 dfather. ° i- o o-0Mo+f0- — a) a) •C STAFF AGENDA 4- O E N L a) IL c � •- + (n 3 E ° co 3 a) L ui ° THE CITY COMMISSIONERS considered an agreement between the City of Salina o 2: _0° L_ o m +-n and the State Highway Commission, for project 70-85 1 70-4 (-) which will be supplement -o c ¢ (1) - + .- — .- number 1 to agreement 39-70 for updating guard fence for that part of Interstate 70 +_ ° o o M E 3 M L within the City Limits. L O 0) L O 3+ - +< L +- cn co U CL m.n _ ° c c c The City Manager explained that agreement 39-70 was signed in December of 1970, `- � � C•° a + 0 — and the only difference between this supplemental agreement and the original agreement w , a) a) cn ° U) + o is the definition of the area within the City Limits. It is now described with a legal UJ .- + �'F o description of so many feet from the center of US 81, whereas the supplemental agreement > + + i E.- . will describe it as from the west city limits to the east city limits. This agreement LU ° (On _ r m � o will be good, even if the city limits change in the future. �- F- — .n -- -0 a) .o ° -0 E E A motion was made b Commissioner Cooper, seconded b Commissioner Ashton Y P Y U m L (D o Q) o (n to approve the agreement and place an ordinance on first reading authorizing the Mayor Li _ — + 3 a o a) co z to sign the agreement, Ayes: (5). Nays: (0). Motion carried. c � U (n L •— (1) CL a) U) L_ Passed: ;i IJ 197z Number: 5199 3 T L L N T -h Ordinance a) a) — -c +f° C aa)) U o A MOTION was made by Commissioner Ashton, seconded by Commissioner Weisgerber U•- -c -;:0) (0 •- 0)o C a L (0 N - 4- L () - m C (n a) >. to introduce an ordinance for first reading creating and defining a certain lateral .0 3 in w 6. -a ¢ w ¢ sanitary sewer district in the City of Salina, Kansas, designated as Lateral Sanitary Sewer District Number 514, and providing for the construction of a lateral sanitary sewer in said Lateral Sanitary Sewer District Number 514. (The sanitary sewer was requested in Petition Number 3241, which was filed by John Ryberg on March 30, 1972) Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: l I�l L Number: gZ 0 0 A LETTER was received from the Salina City Planning Commission recommending the City Commission amend the Salina Transportation Study to establish Schilling Road as a major arterial road and establish a 40 foot setback line on either side of Schilling Road, extending from US 81 to Arnold. Commissioner Ashton asked if this would create any problems with existing facilities in any way. The City Planner answered that it would not create any problems for existing facilities and that the setback should be established so if the street is widened for a thoroughfare in the future, there is enough right--of-way for the expansion. A motion was made by Commissioner Weisgerber, seconded by Commissioner Ashton to amend the Transportation Study to establish Schilling Road as a major arterial road and establish a 40 foot setback line. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the Salina City Planning Commission recommending the approval of Petition Number 3229, filed by the Salina Airport Authority, for the rezoning of the West 415 feet of Block 6, Schilling Sub -division from "P.I.P." (Planned Industrial Park) to "F" (Light Industrial). Commissioner Losik asked if this rezoning has any bearing as to the controversial item regarding the building permit and inspections that are going on at Tony's? The City Planner said he did not recall the Planning Commission discussing this as an item under consideration. Commissioner Losik asked what can be done to prevent the reoccurrence of something like this? The City Manager said he is of the opinion it will not happen again. The petition for rezoning should have been filed prior to the issuance of the building permit. He said this is the only error he is aware that might have been committed. Commissioner Losik asked if any of the city inspectors had been out inspecting the construction. The City Manager replied that he assumed they have been calling for inspections, the same as any other construction. Commissioner Losik asked what control is there? Doesn't he have a permit number to refer to when he goes out to inspect? How can an inspector go out and inspect without having that? He said what is done is done, but how do we prevent it from happening again? The City Engineer said he has the number now, but inspections can be made by referring back to a name or a street number. Commissioner Losik said he is still not getting a clear answer. He said we have gone ahead and violated the code and code enforcement in some way, shape or form, this is neither here nor there on this particular case. He said he does not want to do anything to delay it, what he said he is interested in is what are we going to do to prevent this in the future. He added there are certainly ways we can expedite it from this end, and he said he thinks, if it had been brought to our attention, we would have, under the circumstances. He said he is concerned about this thing being taken so lightly. A precedent has been set. This has been done before and obviously it will happen again. The City Attorney explained that if the inspector finds out that a building is being constructed without a permit he could get an injunction to enjoin the person from the building. This is the procedure, which could be followed if he wanted to. Mrs. Lucille Hanson spoke about her problem of trying to get her property off the demolition job. She said she feels she was not properly informed of her rights and feels the whole building inspection office is "bent out of joint". She feels she has been mistreated on this demolition of her property and mentioned several other items that she has had trouble with the inspection department. Mayor Caldwell said they are now aware of her problem. A motion was made by Commissioner Losik, seconded by Commissioner Weisgerber to accept the Salina City Planning Commission recommendation and approve the petition, and introduce an ordinance for first reading for the rezoning. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: ��Ah, Q n Ig1L Number: �2oI i A LETTER was received from the Salina City Planning Commission recommending the vacation of Marietta Street between the east right-of-way line of Clark Street and the west boundary line of the alley, with the City retaining the south 45 feet thereof as a utility easement. (The vacation was requested in Petition Number 3206, which was filed by Albert M. Schneeman on October 29, 1971) Mr. Jim Morrow asked if this vacation included any of Railroad Street. He was assured Railroad Street was not included in the vacation. A motion was made by Commissioner Cooper, seconded by Commissioner Losik to accept the recommendation of the Salina City Planning Commission and introduce an ordinance for first reading for the vacation of that portion of Marietta Street, with the City retaining the south 45 feet as a utility easement, and to introduce an ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: 11 ( 972- Number: $Z0Z T THE CITY ENGINEER reported on a letter from Mr. Louis Pauls, dated March 14, 19721. requesting a loading zone in front of 109 West Ash Street, and recommended the loading zone be denied. Commissioner Cooper asked the City Engineer if it would be possible to consider an alternate plan, to move the parking meters on the north side of the 100 block of West Ash to the south side of the 100 block of West Ash, then move the center line of the traffic lanes one lane to the north. The parking would then be on the south side of the street, and there would still be 2 lanes of traffic. The City Engineer said he had not considered such a plan. A motion was made by Commissioner Cooper, seconded by Commissioner Losik to refer the matter back to the City Engineer to consider alternate plans, and report back to the City Commission. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3238, which was filed by Richard A. Payne, Jr., for a street light at Neal Avenue and Linda Lane, and recommended the street light be installed. He also recommended an additional street light be placed near the mid point of the block. A motion was made by Commissioner Ashton, seconded by Commissioner Losik to accept the City Engineer's recommendation and approve the street lights. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3239, which was filed by Verner C. Smith for the concrete paving, curb, sewer and water line for Linda Lane to the south edge of Bonnie Ridge Addition from Neal Avenue, and for Scott Avenue from Linda Lane to Pattie Drive. The City Engineer reported that 94% of the property owners signed the petition, and that they own 95% of the property in the benefit district, and suggested the Commissioners instruct the Engineering Department to prepare a feasibility report. A motion was made by Commissioner Losik, seconded by Commissioner Ashton that the petition be approved and instruct the City Engineer to prepare a feasibility report. Ayes: (5). Nays: (0). Motion carried. THE CITY ATTORNEY reported on the Metropolitan Planning Commission. The City Attorney stated that the City Commissioners have his written report, but basically it states that the commission does have the preogative to amend this section, and could do it. He suggested, if they desire to do it, that when the ordinance is placed on second reading, at that point, they go ahead and amend it. He said right at this point we are premature in that we do need to wait for the approval of the Attorney General. Commissioner Cooper said she agrees with the City Attorney as far as the timing is concerned on the thing, as it stands at the moment; however, before this thing ever went on first reading, it doesn't show it in the minutes and this is the reason it is being run through again, at that particular time she said she thinks she made the inquiry if the Commission could make any amendments or revisions or changes, if there was some area in there that we happen to be dissatisfied with; and he told her that they could, but she said he didn't go ahead and explain that it would involve going back through the same channels that we had originally started with; in other words, it would have to have the County Commission and Attorney General reapproval. She said she guesses there 14 there really isn't anything that we can do now, is what it amounts to, until the approval from the Attorney General's Office, and then before we place it on second reading, if there are any changes we want to make, then it is with the understanding that it does have to go back through all these other channels before we can make any revisions, is this correct? The City Attorney said possibly where the misunderstanding was, the agreement was approved and the ordinance was placed on first reading. The ordinance can be amended at any spot if you want to; however, we are talking now about amending the agreement, not the ordinance. Commissioner Losik asked if the Attorney General is concerned only with the City -County agreement. The City Attorney said this is correct. Commissioner Losik said "OK that answers that". The City Attorney explained that this agreement is what he has to approve. Commissioner Losik repeated that what we do is in two parts then; the ordinance is one that we can handle without recourse to the Attorney General or the County, but the agreement, we would have to run through channels again. Commissioner Ashton said he would like to make one comment at this time. He asked if any of the Commissioners have any objections to the way it is now written, so there wouldn't be any delay, in regard to holding this up; because the Planning Commission, as well as everyone, is concerned with this and would like to get it off the ground as soon as possible; and he wondered if there are any comments or any changes being contemplated, as soon as we get confirmation from the Attorney General's Office. He asked if any of the Commissioners have any changes that might change the agreement that would force this to go back to the County. He said he understands the County is wanting to get it completed and get it working. Commissioner Cooper said she doesn't know that we are going to have a problem. Commissioner Ashton said he doesn't think they will either. Commissioner Cooper said the City Attorney is saying we can't amend the ordinance without having to go back through channels, for the lack of a better word. Commissioner Ashton said he would like to get the machinery to work. Commissioner Cooper said if the ordinance so states, so you do not have to know Kansas State Statutes or you do not have to consult an attorney so that you and the organization or business and individuals, whatever, knows that you can come before your elected officials, then, she said, she has no questions about it, because she said she thinks this Metropolitan Planning Commission is a great thing. She said she thinks it is certainly a step in the right direction, but she wants the ordinance that creates the Metropolitan Planning Commission, as far as the City is concerned, to spell out, in black and white, what you can or cannot do, if you are going to have a problem with the Metropolitan Planning Commission, or any issue before the Metropolitan Planning Commission. Commissioner Losik said he doesn't think there is going to be much of a delay or hold up on it. He thinks that between now and the time we get it back, if there is a clarification on a specific item, that doesn't change the spirit or intent of it, just clarify it, we have no problem on it. He said he won't say right now that he won't have some ideas about it later. When we get the agreement back, we should be able to have some firm understanding of it that says something to the people and that is all I want. Commissioner Weisgerber asked if they are going to approve what we have up to date and get it in operation, then are we going to go ahead and suggest an amendment? Commissioner Cooper said it depends on what we are talking about doesn't it Larry? The City Attorney said he doesn't know what the Commission intends to do. This decision would come at the time the Attorney General comes back with his approval. At this point you would make your decision whether you want to approve it and then put it in effect, or if you want to hold up approval of it until these amendments have been made. Commissioner Weisgerber said he knows this is how it is going to be, but he said can we go ahead and approve what we've got so far, and get it in operation, then come along with an amendment, if we choose to amend it? I Commissioner Losik stated that Is Commissioner Losik said the purpose of it is, if the wording is clarified in such a manner to mean what it says and that is all we are concerned about, as far as he hold up this whole thing to get that step in is concerned, if there is a controversy, then the delay would be in order so that we do anything about it now don't have people misinterpreting the implication of this thing, and then we are in hot water. Commissioner Weisgerber said he thinks the interpretation is clear enough now. We are told the matter goes from the Metropolitan Planning Commission to the appeal board, and from the appeal board to court. The City Attorney said what you are talking about is Section 90. If you have a variance, or if you want a side yard waived or something such as this, which we do now, this would not go through planning, it would go directly through the Zoning Board of Appeals. Say you wanted to waive a side yard requirement, and they said no, we're not going to do it. If you are dissatisfied with this decision you could appeal it through the court. Now, under the present ordinance you have the option of either coming here to the City Commission or to go to court. Commissioner Weisgerber said the question is do we want to let it go that way and then get the amendment, or do we want to hold up the whole business and everybody get started on this, The City Attorney said he doesn't believe it is ambiguous now, because if you are dissatisfied, you go to district court. He said he thinks the proposed amendment, or what has been suggested, there would be an alternative solution and that you could appeal it to the Commissioners or to the district court. He said he doesn't think it is ambiguous, it is just one step that is not in there. Commissioner Weisgerber said this is going to come to a head in another week or two. Commissioner Losik replied that by then we'll be ready to know which way to go on it. Mayor Caldwell asked if there were any further comments. There were none. AN ORDINANCE was introduced entitled: "AN ORDINANCE making an appropriation for the payment of certain claims." (Bills - $110,271.00). A motion was made by Commissioner Ashton, seconded by Commissioner Weisgerber, to adopt the ordinance as read. Commissioner Cooper said she wanted to talk about appropriation ordinances for a little bit. She said this is just a formality we go through, because the bills have been paid by the time they are submitted to the Commission for their approval. She read from the Handbook, by the League of Kansas Municipalities, on Claims and their Payment, where the appropriation ordinances are to be approved prior to the writing of the checks Mayor Caldwell said that the City Commission approves the City Budget, and authorized expenditures for certain items. The City Attorney said he would be happy to go through the handbook and quote sections and try to have the report for next week. Commissioner Cooper said she didn't know if this would clarify anything. What she is trying to determine is, is this standard practice for municipalities? The City Attorney said he could not answer for other cities, but he assumes this is standard practice. Commissioner Cooper asked what do we do in the event that something has been paid by the time it is submitted to the Commission, and you do not get approval of a certain item? Commissioner Losik stated that Is the step he thinks should be in there. Commissioner Weisgerber said that what he is getting at is, are we going to hold up this whole thing to get that step in there, or are we going to approve it as it is and then amend it? Commissioner Losik stated we can't do anything about it now until the Attorney General brings it back. Commissioner Weisgerber said this is going to come to a head in another week or two. Commissioner Losik replied that by then we'll be ready to know which way to go on it. Mayor Caldwell asked if there were any further comments. There were none. AN ORDINANCE was introduced entitled: "AN ORDINANCE making an appropriation for the payment of certain claims." (Bills - $110,271.00). A motion was made by Commissioner Ashton, seconded by Commissioner Weisgerber, to adopt the ordinance as read. Commissioner Cooper said she wanted to talk about appropriation ordinances for a little bit. She said this is just a formality we go through, because the bills have been paid by the time they are submitted to the Commission for their approval. She read from the Handbook, by the League of Kansas Municipalities, on Claims and their Payment, where the appropriation ordinances are to be approved prior to the writing of the checks Mayor Caldwell said that the City Commission approves the City Budget, and authorized expenditures for certain items. The City Attorney said he would be happy to go through the handbook and quote sections and try to have the report for next week. Commissioner Cooper said she didn't know if this would clarify anything. What she is trying to determine is, is this standard practice for municipalities? The City Attorney said he could not answer for other cities, but he assumes this is standard practice. Commissioner Cooper asked what do we do in the event that something has been paid by the time it is submitted to the Commission, and you do not get approval of a certain item? l b4 t The City Attorney said if it is for an item not included in the budget, or if it is for some item which has not been set forth, or if the City Manager approved something which was not correct, he would be responsible for it. Commissioner Cooper said she thinks the appropriation ordinance should be submitted prior to, not following, payment of bills. The City Attorney said he would be happy to check, and collate it with the state statutes. The Mayor called for a vote on the motion. Ayes: Ashton, Cooper, Losik, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered A-1623. AN ORDINANCE was introduced and passed entitled: "AN ORDINANCE making an appropriation for the payment of certain claims." (payroll - $106,550.32) A motion was made by Commissioner Ashton, seconded by Commissioner Weisgerber to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Cooper, Losik, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered A-1624. None COMMISSION AGENDA PUBLIC AGENDA PETITION NUMBER 3242 was filed by Dale Hoag, 1936 Queens Road, for the rezoning of Lots 15, 16, 17, Block 6, Rolling Hills Addition to the City of Salina, from District "A" (Second Dwelling House District) to District "C" (Apartment House). A motion was made by Commissioner Cooper, seconded by Commissioner Losik to refer the petition to the Salina City Planning Commission. Ayes: (5). Nays: (0). Motion carried. A REQUEST was received from Donald E. McConnell, 661 South Fourth, to "DISCUSS THE PLACEMENT OF STOP LIGHTS IN THE CITY OF SALINA." Mr. McConnell read a prepared statement: "I have a few questions I would like to have answered. "First: Do you know how many traffic lights are around the City -County Complex? "Starting at 9th and Ash there are 8 lights, continuing North to the intersection of Park and 9th 6 more which incidently 4 are flashing Caution and 2 flashing Red. At 9th and Elm 8, 7th and Elm 8, 7th and Ash 8, and at 8th and Ash a total of 10, this makes a total of 48 traffic lights in this small area, utilizing a total of 16 steel overhanging poles and 6 straight metal poles. "I feel that all of these lights are not necessary to control the flow of traffic around this area. Some of them could be removed and placed in other areas where they could be utilized for the purpose of controling traffic at potentially dangerous intersections. "A few months ago I requested the feasibility of traffic lights at the intersection of 4th and Crawford. A survey was run by the City and this request was denied. Since that time 4th Street has become a one way Street from Crawford South. My second Question is Can we get Traffic lights installed at this time? "It seems that even with all the signs that are erected that some drivers are unaware that from Crawford North on 4th is a two way Street for they continue on North in both lanes. "My third question: When are they going to properly regulate the traffic lights at Broadway and Crawford? "The way the Left turn signals are installed is confusing to say the least. f 1 "My final question is: When the City was informed that traffic lights could be installed at the intersection of 81 and Magnolia was any consideration given for the removal of the two steel poles that are presently located at 9th and Park and utilizing them at this intersection? "If this would have been accomplished the City would have had only two poles to purchase thereby saving the Taxpayers money. "I realize these questions cannot be answered at this meeting but I will be present at the Commission Meeting on 17 April 1972 and I would like to receive the answers at that time. Thank you." Mr. McConnell presented each Commissioner', the City Engineer and the City Clerk with a copy of his statement.' A motion was made by Commissioner Losik, seconded by Commissioner Cooper to submit it to the City Engineer for a reply at the next meeting. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Losik, seconded by Commissioner Ashton that the Regular Meeting of the City Commission be adjourned. Ayes: (5). Nays: (0). Motion carried. D. L. Harrison, City Clerk 1