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08-21-1972 MinutesCity of Salina, Kansas Commissioners' Meeting August 21, 1972 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, August 21, 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 Jack Weisgerber, Chairman presiding Commissioner Leon L. Ashton Commissioner Robert C. Caldwell Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. 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 Mayor Weisgerber said there is a correction to the minutes of the August 14, 1972 meeting on line 30, page 1, the figure should be $26,900.00. The Minutes were approved as corrected. STAFF AGENDA 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." (For the Rezoning of Lots 12 and 13, Block 13, Oakdale Addition to District "C" (Apartment District) requested in Petition Number 3261 which was filed by Dale Hoag). A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Caldwell, Cooper, Losik, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8239. The ordinance was introduced for first reading August 7, 1972. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE amending the boundaries of the Eighteenth Precinct of the First Ward of the City of Salina, Kansas, amending Section 11-19 of The Salina Code and repealing the existing section. A motion was made by Commissioner Ashton, seconded by Commissioner Losik to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Caldwell, Cooper, Losik, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8240. The ordinance was introduced for first reading August 14, 1972. A LETTER was received from the Salina City Planning Commission recommending the approval of "The Agreement for Planning Services for the City of Salina, Kansas," as submitted by the Oblinger-Smith Corporation, Wichita, Kansas. A motion was made by Commissioner Losik, seconded by Commissioner Caldwell, to accept the services of the Oblinger-Smith Corporation of Wichita, as indicated in the recommendation of the Salina City Planning Commission. Ayes: (5). Nays: (0). Motion carried. Commissioner Losik said by accepting this, we must know where the funds are going to come from. The City Manager stated, "You have about $8,000.00 set aside from the balance of the C.R.P., and it is my understanding the balance will come from contingencies. " He also explained this study is to be done within 10 months. Commissioner Losik moved to make this a matter of record, that $8,000.00 be expended from the balance of the C.R.P. and the balance from contingencies. The motion was seconded by Commissioner Cooper. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the Salina City Planning Commission recommending the approval of the request which was filed for Alonzo P. Wilson, Jr., by Philip R. Herzig, requesting the vacation of Grove Street in Elm Grove Addition, and the vacation of the north and south alley in Block 6, Elm Grove Addition. A motion was made by Commissioner Losik, seconded by Commissioner Ashton to accept the recommendation of the Salina City Planning Commission and approve the request, and to introduce the necessary ordinances for first reading. Ayes: (5). Nays: (0). Motion carried. I Ordinance Passed. G 2-19, 191L Number: 2`12. Ordinance Passed: 7 z Number: ?a 43 A LETTER was received from the Salina City Planning Commission recommending the approval of Petition Number 3233, which was filed by the First Church of the Nazarene by Jack Abbott, requesting the annexation of a part of the proposed final plat of the Nazarene Addition. (Approximately 1.68 acres). A motion was made by Commissioner Ashton, seconded by Commissioner Losik to accept the recommendation of the Salina City Planning Commission and approve the petition and to introduce an ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed:L,,,� 27 L12— Number: A LETTER was received from the Salina City Planning Commission recommending the approval of Petition Number 3234, which was filed by the First Church of the Nazarene by Jack Abbott, requesting approval of the final plat of the Nazarene Addition to the City of Salina, Kansas. A motion was made by Commissioner Losik, seconded by Commissioner Ashton to approve the petition and authorize the Mayor to sign the final plat. Ayes: (5). Nays: (0). Motion carried. AN ORDINANCE was introduced for second reading, as amended, entitled: "AN ORDINANCE creating a Metropolitan Planning Commission for the exercise of Joint Planning for Saline County, Kansas, and the City of Salina, Kansas; designating the area of Joint jurisdiction; designating the qualifications and appointment of members; designating the powers and duties of the Commission; and providing for the sharing of expenses of operation; amending Chapter 27, Article I of The Salina Code and repealing the existing Chapter 27, Article I." A motion was made by Commissioner Cooper, seconded by Commissioner Losik to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Caldwell, Cooper,Losik, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8241. The ordinance was introduced for first reading February 28, 1972. The City Manager commented that this ordinance will probably be published in the official city newspaper on Friday, so technically we will be without a Planning Commission for 2 days. He added the appointment of the Metropolitan Planning Commission will be on the agenda next week. Commissioner Cooper asked if they should also get busy and appoint an appeals board for the Minimum Housing Code. The City Manager replied they should get it off the ground. THE CITY ENGINEER reported on Petition Number 3269, which was filed by the First Church of the Nazarene, requesting the extension of Kirwin Avenue 430 feet from the east curb of South Ohio Street, with curbing, guttering, paving and grading. (The major portion of the street will take property from that owned by the First Church of the Nazarene, and the remaining portion from property owned by Wendell V. Knowles, Bernard W. Knowles and Gerald Knowles.) The City Engineer reported that the petition is valid and sufficient as to signatures and property ownership, including an agreement with adjacent property owners outside the City Limits. He recommended the construction of this street. He also reported that Resolution Number 3113 will apply to this petition as no development has been started in the benefit district. A motion was made by Commissioner Losik, seconded by Commissioner Ashton to accept the City Engineer's recommendation and approve the petition. Ayes: (5). Nays: (0). Motion carried. i THE CITY ENGINEER reported on Petition Number 3271, which was filed by Presley Builders, Inc., requesting curbing, guttering, paving, scorn sewer, sanitary sewer and water throughout Parkwood Village Addition. The City Engineer reported that the petition is valid and sufficient as to signatures and property ownership; also the Salina City Planning Commission and the City Commission have approved the final plat for this addition. He recommended a feasibility study be prepared for the construction of streets and utilities as requested in the petition. He also reported that Resolution Number 3113 will apply to this petition as no development has been started in the benefit district. A motion was made by Commissioner Ashton, seconded by Commissioner Losik to accept the City Engineer's report with the recommendation that a feasibility study be prepared. Ayes: (5). Nays: (0). Motion carried. THE COMMISSIONERS considered an ordinance authorizing and providing for the issuance of temporary notes of the City of Salina, Kansas, in the sum of $ to pay part of the cost of constructing a public building for cultural events. The City Attorney explained that the Engineer's 'estimate of cost was $25,600.00 and they would probably wish to authorize the issuance of temporary notes in that amount because that is the amount of the estimate, which cannot be exceeded. The City Attorney also reported that the legal department was requested to prepare whatever would be necessary to finance the City's share of the construction of the Cultural Arts building under 13-1024 A, which authorizes the issuance of bonds for the purpose of paying for public buildings and certain things. He said, "The normal procedure for this, or any other type of thing where you have a construction contract, and where you are going to pay it off with general obligation bonds, is to authorize the issuance of temporary notes during the construction period. When construction has been completed, you then proceed with the issuance of general obligation bonds and pick up the temporary notes. The issuance of temporary notes is the first step toward the eventual issuance of the bonds to pay for this construction, and this is what this ordinance does. It authorizes the issuance of temporary notes to finance the construction, and when it is completed, then the bonds can be issued." Commissioner Losik said he had one question. "We originally approved $1,600.00 for the architect's fees. Has that actually been paid? I believe it has. It was earmarked to come out of the Contingencies Fund. Has that been paid?" The City Manager said he could find out for them. Commissioner Losik commented, "I think it is important we know that because, first of all, if that portion of it has been paid, then that would be $1,600.00 off this $25,600.00 because it is an obligation that is already out of the way." The City Attorney explained, "Even though you may say $25,600.00 in the ordinance, you will only issue temporary notes in the actual amount. If the actual cost of the construction is $23,000.00 plus $400.00 for architect's fees, you cannot issue temporary notes in the amount of $25,600.00 and use the excess for something else. It must be based upon the actual amount spent." Commissioner Losik said, "Well, the only thing is, if we take and authorize $25,600.00; now we have already actually paid $1,600.00 of that out. We have, as far as our authorization, $24,000.00 of that obligation left." The City Attorney restated that, "$25,600.00 is the maximum sum to be issued, and that they would only issue what they actually need. If, excluding the $1,600.00 for design, it comes out $24,000.00, you will only issue $24,000.00 in temporary notes. Most of the architects fees have been paid, because he has completed all of his design work. All he has left in the agreement is a little supervision of the construction." Commissioner Losik said, "That is right, which was in the amount of $200.00 remaining; so therefore, that is what I am saying, is we do not have a $25,600.00 obligation." Commissioner Ashton said, "In other words, our motion should only be, if that is paid, in the amount of $24,000.00." The City Attorney said, "If you want to." The City Manager returned, and reported the architect fees have been paid. Commissioner Losik said, "Now, Larry, one thing more, on this ordinance. The way this is worded here, it says that it is paying for part of the cost of constructing. I think our wording on this, it could be confusing, in other words, the City's total cost of construction of the Cultural Arts Addition is in full, in this amount, not a part of it. 'Section 1 - That for the purpose of paying part of the cost of constructing a public building' - in other words that is the total cost." The City Attorney said, "This is correct, but I assume we are going down to $24,000.00. We have already paid some of it so this will be just a part of it. It wouldn't be all of it, because we have already paid some of it." Commissioner Cooper said, "The implication is the City is paying all of the cost of construction." The City Attorney explained that we are paying all of the Cultural Arts part. Commissioner Losik said, "I was just wondering if this wording could be clarified to show that, because it shows here we are paying only part of the cost of constructing. In other words, should we designate in there what our part is?" Mayor Weisgerber commented that notes only pay part of the cost, because Contingencies is paying for part of the cost. The City Attorney said, "I think that was the intent from Fizzell's Office. They realize this is going to be attached to a building, to be a part of a total building, and that we are only paying for the Cultural Arts portion of it." Commissioner Losik said, "As long as that is what everybody understands. This was my understanding, but I was just wondering if the wording would leave an opening there to leave us liable for additional obligation." The City Attorney assured the Commission the wording is correct. A Motion was made by Commissioner Ashton, seconded by Commissioner Caldwell to place the ordinance on first reading, providing for the issuance of temporary notes up to $24,000.00. Ayes: Ashton, Caldwell (2). Nays: Cooper, Losik (2). Mayor Weisgerber voted aye. Motion carried. Ordinance Passed: �, 1 B lit z- Number COMMISSION AGENDA I2,-1 S Commissioner Losik said, "With the permission of the rest of the Commission, I would like to mention something about schools." Mayor Weisgerber said it is not on the agenda. Commissioner Losik said it is from the safety standpoint. Mayor Weisgerber asked if the Commissioners objected. There was no objection. Commissioner Losik said, "We have school starting next Monday. This is just a request to see if the public and the news media would assist us from the safety standpoint. All of us, I think, have had summer creep up and be past us here. School is starting and we will see a lot of youngsters on the streets, and a lot of bicycles, and a lot of cars. I think all of us need to be reminded to put forth that little extra effort and adjust ourselves to this extra traffic that we are going to encounter, both pedestrian and vehicular. There will be guards, we know this, but I think it would just be a good reminder to all of US. I also know that we have not adopted, officially, the school crossing guard manual (School Crossing Survey) that was recommended to us. Perhaps that could come up on the next agenda for adoption, and in the mean time I think the people would be very interested in knowing it will be coming up, and have comments regarding it, that they should perhaps be present to voice their opinions. But, I think from just a safety standpoint, as far as the street crews, they have been doing a good job out there marking the streets, getting ready for it. I think for three or four days probably all of us have seen this, before we realized that Monday is just around the corner." __ L 1 Mayor Weisgerber asked, "On that School Crossing Manual, didn't we adopt that?" Commissioner Cooper said, "We didn't go anyplace with it, We accepted it. We discussed very briefly the fact of going ahead and making a public statement that we would approve the Committee's traffic guard program, but that we would like for them to suggest to us, as they made their formal plan revisions when we would remove guards and replace them with mechanical controls, for them to suggest which areas they thought needed it more desperately than others, and we never did get back to them, and I don't think we ever publicly declared the fact that we were going to support the School Crossing Survey." Commissioner Losik said, "We accepted the Manual, but we never took any official action on it." Mayor Weisgerber said they should look into it during the week. PUBLIC AGENDA PETITION NUMBER 3273 was filed by Gary Chrisbens for sewer services for a tract of land in the Southeast corner of the NE4 of the NE4, less Highway, Section 35, T 14 S, R 3 W, (tract 720' x 9001, 14.5 acres - 81 Drive-in Theatre). A motion was made by Commissioner Cooper, seconded by Commissioner Ashton to refer the petition to the City Engineer for a report. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3274 was filed by Hillcrest Agendy for the rezoning of Lots 26, 28, and the West one-half of Lot 30, on Cloud Street, in the Addition to the Grounds of Kansas Wesleyan University, from District "A" (Second Dwelling House District) to District "C" (Apartment District). A motion was made by Commissioner Losik, seconded by Commissioner Cooper to refer the petition to the Metropolitan Planning"Commission. Ayes: (5). Nays: (0). Motion carried. Commissioner Losik commented, "You know, Mr. Mayor, with this Metropolitan Planning Commission coming into being, we're going to be faced with a lot of annexation requests. We're going to have to look into it to see if we can afford to annex." A MOTION was made by Commissioner Caldwell, seconded by Commissioner Losik that the Regular Meeting of the Board of Commissioners adjourn. Ayes: (5). Nays: (0). Motion carried. M. E. Abbott, Acting City Clerk I