07-12-1971 Minutes1
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City of Salina, Kansas
Commissioners' Meeting
July 12, 1971
The Regular Meeting of the Board of Commissioners met in the Commissioners' Room,
City -County Building, on Monday, July 12, 1971, 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 June 28, 1971, were approved as mailed.
July 12, 1971 is DEMOLAY GOVERNMENT DAY. Six young men from this organization
spent the day with various Department Heads and were in attendance at the City Commission
meeting.
BIDS Were received for Project Number 71-533 for the Repair of Sidewalks in the
Central Business District:
Wilson Constructors, Inc. $49,743.00
Wilbur Construction Company 64,140.00
Engineer's Estimate 51,835.00
A motion was made by Commissioner Ashton, seconded by Commissioner Cooper to award the
contract to Wilson Constructors, Inc., as low bidder, in the amount of $49,743.00, subject
to checking the bid by the Engineering Department to see that it meets the specifications.
Ayes: (5). Nays: (0). Motion carried.
A HEARING was held on the Unsafe Structure at 401 East Pacific. The Hearing was
established in Resolution Number 3089, which was adopted May 24, 1971.
Mr. W. M. Wood, owner of the property at 401 East Pacific, was present. He
stated the deed to the property is in his name, but the property is being sold on contract
to a Salina individual. Mr. Wood stated that he would not repair the structure.
A MOTION was made by Commissioner Ashton, seconded by Commissioner Weisgerber
to proceed to receive bids on August 2, 1971 for the demolition. Ayes: (5). Nays: (0).
Motion carried.
NOTICE OF HEARING on proposed assessments was taken up for the improvement in:
Project 71-525 - Upper Mill Heights Addition Number 2
Sanitary Sewer, Water Mains, Storm
Sewers, and pavement improvements.
No legal protests or changes were made in the proposed assessment. A motion was
made by Commissioner Ashton, seconded by Commissioner Cooper to approve the assessments and
introduce the assessment ordinance for first reading. Ayes: (5). Nays: (0). Motion
carried.
Ordinance Passed: Number:
A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Ashton
to introduce and adopt a Resolution entitled: "A RESOLUTION authorizing and ordering certain
curbing, guttering, paving and grading improvements, ordering preparation of plans and
specifications and the estimate of costs." (Project Number 71-505 for East Crawford Avenue,
33 feet wide from curb to curb, from the Smoky Hill River Bridge to Marymount Road)
Mr. Frobenius, Roselawn Memorial Park Cemetery, was present and stated there is
curbing and guttering in front of the cemetery and that he wants angle parking and feels
if East Crawford is curbed and guttered again, it will have to be taken out, and that would
be a waste of money. The City Engineer told Mr. Frobenius the plans and specifications will
be worked up, and he will be contacted.
The Mayor called for a vote on the motion to adopt the Resolution and the following
vote was had: Ayes: Ashton, Cooper, Losik, Weisgerber (5). Nays: (0). Carried. The Mayor
approved the Resolution and it is numbered 3098.
A LETTER was received from the Salina City Planning Commission recommending the
denial of Petition Number 3168, which was filed by Robert F. Frobenius, for the rezoning
of the North 200 feet of the NE -4 NE -4 19-14-2 to General Business District.
Mr. Frobenius stated he has been in business 44 years at this location and feels
the cemetery should be rezoned to business district so he can plan the future of the cemet
Mr. Frobenius was told cemeteries are under Special Class Zoning and if this is
granted a Resolution is passed and the items listed in Special Class Zoning are as permanent
as any regular zoning would be.
A motion was made by Commissioner Ashton, seconded by Commissioner Weisgerber to
refer the petition back to the Salina City Planning Commission with instructions to suggest
to the petitioner that an application be filed to the Zoning Board of Appeals. Ayes: (5).
Nays: (0). Motion carried.
A LETTER was received from the Salina City Planning Commission deferring any
action on Petition Number 3169, which was filed by Central Supply Company for the rezoning
of the East 32.5 feet of Lot 14, all of Lot 13, and the West 2.5 feet of Lot 12, Block 9,
Replat of Garden Home Addition, from District "D" (Local Business) to District "E" (General
Business) until the City Commission creates a zone specifically designed to regulate and
control businesses offering services to highway travelers.
Mr. Ray Cardwell, agent for Central Supply Company, wants the City Commission to
allow this wholesale business in "D" Zone, which,according to the ordinance,is illegal.
The City Attorney told the City Commissioners they can change the ordinance but
cannot allow this because it is in violation of the ordinance.
Commissioner Losik recommended that the Attorney for the petitioner write an
ordinance, as was suggested in the Salina City Planning Commission Minutes, for the City
Commissioners consideration.
A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Losik to
introduce an ordinance for first reading approving a Community Unit Plan of Development
for a tract of land located in Bonnie Ridge Addition to the City of Salina, Saline County,
Kansas. (Requested in Petition Number 3146 which was filed by Verner C. and Pearl E. Smith
on February 26, 1971, and approved by the City Commission June 28, 1971) Ayes: (5).
Nays: (0). Motion carried.
Ordinance Passed: Number:
Dr. Livingston, representing the Salina Community Theatre, stated the City is to
furnish a site for the theatre and would like the City to get one picked.
Their four choices, in the order of their priority, are:
1. Fifth and Ash Streets, East side of the street, which include
the filling station and Gamble Robinson.
2. The Old City Hall and Police Department Site.
3. South side of Iron, East of the Bridge.
4. North side of Iron, East of the Bridge.
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Dr. Livingston stated they prefer a downtown site, but the Community Theatre
could be built in any of the City parks.
Commissioner Ashton feels the theatre should be built onto Memorial Hall, so
some of the dressing rooms and other facilities could be utilized.
Commissioner Weisgerber asked about the cost of acquiring the property on East
Iron Avenue.
The City Planner said the market value is about $30,000.00 for each.
Dennis Poor, member of the Community Theatre Board said if the theatre is built
onto Memorial Hall, it will affect the pledges they now have. The theatre has $130,000.00
pledged, and the estimated cost of constructing the theatre is $160,000.00. He feels there
is no problem to raise the remainder when the site has been picked.
Mr. Frobenius suggested the Old Court House Site for the Community Theatre.
Commissioner Losik moved that the City give top priority to get the site picked
and that Mr. Frobenius' suggestion be considered, and that they try to have an answer
next week. The motion was seconded by Commissioner Ashton. Ayes: (5). Nays: (0). Motion
carried.
MARY ANN GIRLEY, who lives on Wesley Street, said there are no parks in Southeast
part of Salina and wonders why there are no parks in this area.
The City Planner said there are no plans for parks in this area, at this time.
The City Commission said they would take it under advisement.
A RESOLUTION was introduced and passed entitled: "A RESOLUTION approving an
agreement between the City of Salina, Kansas, and the United States Government relating
to Fire Protection for the Schilling Manor Sub -Post." A motion was made by Commissioner
Cooper, seconded by Commissioner Losik to adopt the Resolution as read and the following
vote was had: Ayes: Ashton, Cooper, Losik, Weisgerber, Caldwell (5). Nays: (0). Carried.
The Mayor approved the Resolution and it is numbered 3099.
PETITION NUMBER 3174 was filed by Lucyle Hanson stating that the property at
415 East Mulberry is unsafe, dirty, trash in hallways, fire hazard, ceiling falling and
unfit for human habitation. A motion was made by Commissioner Losik, seconded by
Commissioner Weisgerber to refer the petition to the Inspection Department and Fire
Department. Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3175 was filed by Mrs. Ron Drummond, President of the John F.
Kennedy P.T.A., for the construction of sidewalks on the east side of Neptune between Otto
and Venus, on the south side of Otto between Haskett and Neptune, on the west side of
Haskett between Otto and Harold and on the east side of Hageman Avenue between Yale and
Otto. (one-half block)
Mrs. Ron Drummond and another member of the P.T.A. were present encouraging
the City Commission to authorize the construction of the sidewalks.
A motion was made by Commissioner Losik, seconded by Commissioner Cooper to
refer the petition to the City Engineer for checking and a report. Ayes: (5). Nays: (0).
Motion carried.
A CEREAL MALT BEVERAGE License Application was filed by Jerry Dean Dumas, d/b/a
Jerry's Texaco, 700 South Broadway. (New - for package sales only) A motion was made
by Commissioner Ashton, seconded by Commissioner Losik to approve the license application.
Ayes: (5). Nays: (0). Motion carried.
A CEREAL MALT BEVERAGE License Application was filed by Jerry Rassette, d/b/a
Rassette Texaco, 107 West Diamond Drive. (New - for package sales only) A motion was made
by Commissioner Losik, seconded by Commissioner Ashton to approve the license application.
Ayes: (5). Nays: (0). Motion carried.
THE MAYOR, with the approval of the City Commissioners, made the following
appointment:
Community Relation Commission
Mrs. Shirley Jacques, reappointed for a 3 year term to April 28, 1974.
THE CITY ENGINEER filed Partial Estimate Number 4 for Project 71-530 for the
improvement of Miscellaneous streets, for Smoky Hill, Inc., in the amount of $43,322.81.
A motion was made by Commissioner Weisgerber, seconded by Commissioner Losik to approve
the estimate. Ayes: (5). Nays: (0). Motion carried.
AN APPROPRIATION ORDINANCE was introduced and passed entitled: "AN ORDINANCE
making an appropriation for the payment of certain claims." (Bills - $183,953.96)
A motion was made by Commissioner Losik, seconded by Commissioner Cooper 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-1587.
AN APPROPRIATION ORDINANCE was introduced and passed entitled: "AN ORDINANCE
making an appropriation for the payment of certain claims." (payroll $104,052.90)
A motion was made by Commissioner Losik, seconded by Commissioner Ashton 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-1588.
A MOTION was made by Commissioner Losik, seconded by Commissioner Weisgerber
that the Regular Meeting be adjourned. Ayes: (5). Nays: (0). Motion carried.
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D. L. Harrison, City Clerk