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.
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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.
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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
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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." __
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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
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