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11-22-1971 Minutes4- r 40 ,I � Zj City of Salina, Kansas Commissioners' Meeting November 22, 1971 The Special Meeting of the Board of Commissioners met in the Commissioners' Room, City—County Building, on Monday, November 22, 1971, at three o'clock p.m. 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 meeting was called for the purpose of considering and reviewing Resolution Number 3064, pertaining to the installation of general improvements for undeveloped property within the City. Commissioner Weisgerber asked questions concerning sidewalks in the Kennedy School area. He mentioned the owners did not want the sidewalks nor did they petition for them; the members of the Kennedy PTA asked for the improvement. Are they to pay for it? The City Manager said we are short on definition in the Resolution, but is sure it was not the intent of the Resolution to assess the PTA for sidewalks. He said another problem is multiple ownership. The City Attorney said it was the intent of the Resolution that the petitioner would pay 50% of the cost of the improvement for the property he owns, and suggested the Resolution exempt sidewalks, put in under State Statute, in which 25 registered voters can have a sidewalk installed in an area. Commissioner Ashton said in some towns they make a decision on each individual situation as it comes up, and try to work out the best solution for everyone involved. Mr. George Etherington mentioned that years ago the Salina City Planning Commission had a policy that all sidewalks be put in at the time other improvements were installed, but it seems we have gotten away from this in recent years. Commissioner Losik said all the Resolution needs is to change in lieu of cash, a surety bond may be filed. Mr. Bill Stokes was present and wondered why he was not notified of this meeting until 10:00 A.M. today. He was critical because no one answered his letter mailed to the City Commissioners, Commissioner Ashton told Mr. Stokes the meeting is being held to discuss his letter and other problems concerning this Resolution with other interested parties. Commissioner Ashton said we have had several adverse conditions because of the closing of Schilling, which is the reason the Resolution was passed, and the reason for this meeting. The City Manager gave the City Commissioners and Real Estate Brokers a copy of a report prepared by the City Clerk which shows the amount of special assessments which were certified, collected, and the amount collected from delinquent taxes for the last 11 years. Approximately 10% of the certified special assessments were uncollected for the 11 year period. Mr, Stokes said he is not against development, but wants growth in a realistic way, and thinks the developer should pay 100% of the cost of the improvements. Mr. John Heline feels that in future developments, when brought into the City Limits and at the time the developer petitions for improvements, he should put up the 50% of the cost of the improvements. He thinks that land now platted in the City Limits should not be in this category, Commissioner Weisgerber asked the City Engineer how much land, which is platted and not improved, is in the City Limits. The City Engineer and the City Planner hesitated to guess, but estimated it to be 1 - 2%, Mr, Verner Smith mentioned that several years ago, a dozen or more men helped to put millions of dollars on the tax roll for the City, and the amount the City lost from special assessments does not compare to the amount these dozen men lost when Schilling closed. Mr. Heline said the builders arenot so concerned about the 50%, as they are for some guidelines in the Resolution, Some lots in developments are not good for resale, and is the reason they go on the tax sales. The useable lots should be assessed to help make up for these lots in the original assessments, Mr, Lee Haworth asked if the special assessments can remain on the tax roll until the property is sold. The City Attorney said the State Law will not allow this. Mr. Haworth suggested they eliminate present areas which are platted, and leave the 50% on new plats and undeveloped land. He asked if the City would accept a letter from a financial institution in lieu of cash, and wants the City Commission to make a decision. He said he is willing to do whatever is necessary to get his improvements in now. Commissioner Ashton asked the City Attorney if a letter from a financial institution would be acceptable, The City Attorney said, "Yes, if the Resolution is changed." Commissioner Losik feels the Resolution is alright as to the 50%, but it should be amended to include surety bond in lieu of cash. Mr. George Wallerius owns 45 acres in the southwest part of the City, and stated 140 1ots,ori9inaIIy in the City and improved were forced into a tax foreclosure I sale. He has back taxes on these lots, and has to ask a higher price for his lots over what a new development would, where the assessments are new. Mr. Wallerius encouraged the City Commissioners to keep Resolution Number 3064 as is, so builders would purchase improved lots, Mr. Jack Stewart, representing the owner of Morton Addition asked questions concerning multiple ownership in his benefit district. He stated the other owners would not object to the assessment, but would not want to put up their 50% in cash. i Mr. Stewart suggested water and sewer lines be excluded from the Resolution because he did not feel lots with only water and sewer assessments would be involved in a tax foreclosure sale, Commissioner Weisgerber mentioned 4 areas of change in the Resolution: 1. Petitioner to put up 50% of the cost of improvements on property he owns himself, not of the total project. 2. Exclude sidewalks put in under Kansas Statute, which can be requested j by at least 25 registered voters. 3. Surety bond, or other acceptable financial assurance, in lieu of cash. 4. Appraisal of lots in new developments, where there are several undesirable lots, this special assessment should be pro rated against the useable lots. 1 1 1 Commissioner Ashton moved that sidewalks not be included, where there is multiple ownership, when petitioned for by 25 registered voters, The motion died for the lack of a second, Mr. Heline said it would defeat the intent of the Resolution if you delete different items, or make exceptions to the Resolution, i Commissioner Losik agreed with Mr, Heline�s idea, and feels the Resolution is proper and in proper form, except to accept a surety bond in lieu of cash. Commissioner Cooper asked if money is available in Contingencies for the purchase of lots at a tax sale. i I The City Attorney said we cannot do this. The County Commissioners can, because it is legal for them. Mr. E. H, Hagen asked Mr. Stewart why his client bought property where it is necessary to extend the water and sewer lines 900 feet, when there are areas which are already served with water and sewer. Commissioner Ashton moved to instruct the City Attorney to draft an amendment to the Resolution from the ideas presented today for their approval at the next meeting. The motion was seconded by Commissioner Weisgerber. Ayes: (5). Nays: (0). Motion carried, A motion was made by Commissioner Weisgerber, seconded by Commissioner Losik that the Special Meeting of the Board of Commissioners adjourn. Ayes: (5). Nays: (0). Motion carried. D. L. Harrison, City Clerk i City of Salina, Kansas Commissioners' Meeting November 22, 1971 i The Regular Meeting of the Board of Commissioners met in the Commissioners' I Room, City -County Building, on Monday, November 22, 1971, at seven o'clock p.m, The Mayor asked everyone to stand for the Pledge of Allegiance to the Flag and a Moment of Silent Prayer. I I There were present: ' Mayor Robert C,, Caldwell, Chairman presiding Commissioner Leon L. Ashton Commissioner Norma G. Cooper I � !, Commissioner Mike Losik, Jr. Commissioner Jack Weisgerber E comprising a quorum of the Board, also: 1 L, 0. Bengtson, City Attorney j Norris D. Olson, City Manager D. L. Harrison, City Clerk i Absent: 1 None PROCLAMATION THE MAYOR PROCLAIMED the week of November 21 - 28, 1971 - "BIBLE WEEK." The proclamation was read by Rev. Milton Gustafson, STAFF AGENDA I AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE annexing certain land to the City of Salina, Kansas, in conformity with the provisions of K. S. A, 1970 Supplement 12•-520," A motion was made by Commissioner Ashton, seconded j by Commissioner Losik to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Cooper, Losik,Weisgerber, Caldwell (5), Nays: (0), Motion carried. The Mayor approved the ordinance and it is numbered 8187. The ordinance was introduced j for first reading November 15, 1971, j THE CITY MANAGER reported on the problems concerning the bids for the clearing of the site for the Salina Community Theatre, l The City Manager mentioned the questions concerning ownership of the j property which is most important to all parties concerned. Until contracts are drawn and/or definite dates established, any of the parties can become the subject of considerable embarrassment, such as: the legality of public funds being used for the removal of material located upon privately owned property; and bidding demolition at this time and then having to wait -90 days or more until work can be commenced. The City can bid this job, negotiate any results and have the demolition work completed prior to the 90 days Mr. Lundberg is to receive to do the same. Dr. Livingston stated that this was not necessary, to have the City clear the site now, but wanted a definite understanding that the City would clear the site. He said that Mr. Vanier and Mr. Lundberg are in the process of getting the deed transferred. I Mr, Jack Stewart asked the City Manager if he has an estimate of the cost to clear the site. I The City Manager said he has a fair idea of the cost, A motion was made by Commissioner Ashton, seconded by Commissioner Weisgerber to accept the responsibility of clearing the site for the Salina Community Theatre. Ayes: (5), Nays: (0). Motion carried. Commissioner Losik stated this would be O.K, as long as we can get it done for a cost we can live with, and within our legal bounds. The City Manager said the Citizens' Advisory Committee is to have members from all over the City, and members from civic clubs, minority groups, business people, and ministerial representation, etc., to get a good cross section of the Community. Commissioner Weisgerber felt there is some need for guidelines, but felt the purpose at this meeting is to approve the application, so it can be submitted to the Department of Housing and Urban Development. Commissioner Ashton feels there is a need for a good cross section of the community in attendance at the Citizens' Advisory Committee meetings, and feels this can be established at a later time. A motion was made by Commissioner Weisgerber, seconded by Commissioner Ashton to approve the application and to file it with the Department of Housing and Urban Development! for re -certification, Ayes: Ashton, Cooper, Weisgerber, Caldwell (4). Nays: Losik (1). Motion carried, Commissioner Losik wanted the minutes to reflect that he could not approve the application because of the Citizens' Advisory Committee lack of participation. AN APPROPRIATION ORDINANCE was introduced and passed entitled: "AN ORDINANCE making an appropriation for the payment of certain claims." (payroll -- $91,377.12) A motion was made by Commissioner Losik, 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-1606, COMMISSION AGENDA THE CITY COMMISSIONERS considered the awarding of the contract for sidewalk project 71-539, (which was tabled at the November 15, 1971 meeting). A motion was made by Commissioner Losik, seconded by Commissioner Cooper to table the matter for one more week. Ayes: (5). Nays: (0), Motion carried, THE CITY COMMISSIONERS reconsidered a Feasibility Report for street improvements, water mains, sanitary and storm sewers, which was filed by the City Engineer on November 8, 1971, and tabled at the meeting of November 15,1971. A motion was made by Commissioner Losik, seconded by Commissioner Cooper to table the matter for one more week. Ayes: (5). Nays: (0). Motion carried. COMMISSIONER LOSIK requested that the City Commission consider a budget item; that the Chamber of Commerce resubmit their request and justifications for funds for the Joint Economic Development Committee. 1. Commissioner Losik stated all he is interested in doing is to have the Chamber of Commerce resubmit their budget request because of the newly formed Joint Economic Development Committee, and felt the budget would be different under the new committee and should be reviewed. He stated he brought it u'p for the record and as an educational matter for the Commission. Commissioner Weisgerber stated the Chamber of Commerce is presently in the process of reorganizing their Industrial Development Program and he was confident they would be pleased to make a report as soon as the reorganization is completed. i THE CITY MANAGER presented the application which is to be filed with the U. S. Department of Housing and Urban Development for recertification of the City of Salina's Workable Program, for the approval of the City Commission and apologized for the speed with which we are asking you to consider this document, Our re -certification' date is December 1, 1971, The City Manager said the judgement of the staff was used in anticipating what we feel you will desire for activities during the next 2 years to deal with development problems in the community. { Commissioner Losik feels there its one area he cant approve, and this is the area of Citizens' Advisory Committee participation. He feels it is not a problem•of the Citizens' Advisory Committee, but of the City Commission. Commissioner Cooper said all other areas, such as inspection, zoning, etc. have guidelines to go by, and there should be guidelines for the Citizens' Advisory Committee, such as the number of people present at the Committee meeting, when making a recommendation to the City Commission, An example is one recommendation of which only 8 - 10 members were present. She said she did not feel this was a good cross section of the people of the City, The City Manager said the Citizens' Advisory Committee is to have members from all over the City, and members from civic clubs, minority groups, business people, and ministerial representation, etc., to get a good cross section of the Community. Commissioner Weisgerber felt there is some need for guidelines, but felt the purpose at this meeting is to approve the application, so it can be submitted to the Department of Housing and Urban Development. Commissioner Ashton feels there is a need for a good cross section of the community in attendance at the Citizens' Advisory Committee meetings, and feels this can be established at a later time. A motion was made by Commissioner Weisgerber, seconded by Commissioner Ashton to approve the application and to file it with the Department of Housing and Urban Development! for re -certification, Ayes: Ashton, Cooper, Weisgerber, Caldwell (4). Nays: Losik (1). Motion carried, Commissioner Losik wanted the minutes to reflect that he could not approve the application because of the Citizens' Advisory Committee lack of participation. AN APPROPRIATION ORDINANCE was introduced and passed entitled: "AN ORDINANCE making an appropriation for the payment of certain claims." (payroll -- $91,377.12) A motion was made by Commissioner Losik, 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-1606, COMMISSION AGENDA THE CITY COMMISSIONERS considered the awarding of the contract for sidewalk project 71-539, (which was tabled at the November 15, 1971 meeting). A motion was made by Commissioner Losik, seconded by Commissioner Cooper to table the matter for one more week. Ayes: (5). Nays: (0), Motion carried, THE CITY COMMISSIONERS reconsidered a Feasibility Report for street improvements, water mains, sanitary and storm sewers, which was filed by the City Engineer on November 8, 1971, and tabled at the meeting of November 15,1971. A motion was made by Commissioner Losik, seconded by Commissioner Cooper to table the matter for one more week. Ayes: (5). Nays: (0). Motion carried. COMMISSIONER LOSIK requested that the City Commission consider a budget item; that the Chamber of Commerce resubmit their request and justifications for funds for the Joint Economic Development Committee. 1. Commissioner Losik stated all he is interested in doing is to have the Chamber of Commerce resubmit their budget request because of the newly formed Joint Economic Development Committee, and felt the budget would be different under the new committee and should be reviewed. He stated he brought it u'p for the record and as an educational matter for the Commission. Commissioner Weisgerber stated the Chamber of Commerce is presently in the process of reorganizing their Industrial Development Program and he was confident they would be pleased to make a report as soon as the reorganization is completed. i ASA -1 z,., COMMISSIONER LOStK wanted to place the appointments to the Citizens, Advisory Committee on the agenda, i Mayor Caldwell asked the City Attorney how this should be handled. The City Attorney said you can add anything to the agenda if a majority of the Commission agrees. A motion was made by Commissioner Losik, seconded by Commissioner Cooper to place the appointments to the Citizens' Advisory Committee on the agenda. Ayes: Cooper, Losik, Caldwell (3). Nays: Ashton (1). Commissioner Weisgerber abstained. Motion carried, Commissioner Weisgerber stated there are 47 members on the committee and if I 11 are added to it, would make a total of 58, which would still leave the Committee short 22. He feels they need more time and checking to get a better cross section of I individuals on the Committee. i Commissioner Losik said the 22 vacancies represent 25% of the total Committee and surely can get a good cross section of the City and.individuals for the Committee. THE MAYOR, with the approval of the City Commission, made the following appointments to the Citizens, Advisory Committee: Mr. James L. Maupin ! Mr. Virgil Kinkelaar Mr. Steve Joseph Mr. James W. Morrow Mr. Bill Green Mrs, Rosa Lewis Rev, Chester L. Osborn Mr. Bill Keeler Mr. Danny VanBunnen Mr. Mike Losik, III Mr, Jack Siler PUBLIC AGENDA PETITION NUMBER 3210 was filed by Charles K. Shirack for the vacation of the ! 10 foot utility easement on the south of Lot 7, and the South 11 feet of Lot 6, Block 5, i Replat of Blocks 4 and 5, and part of Block 3, Schippel Addition. A motion was made by Commissioner Ashton, seconded by Commissioner Cooper to refer the petition to the City P Engineer for a report. I PETITION NUMBER 3211 was filed by Roy Presley for the placement of a street light east of Lot 15, Block 9, Replat of Faith Addition. (More commonly known as 1325 Faith Drive) Commissioner Cooper asked the City Manager if there is a street light program, I or if they are installed when requested. The City Manager said the policy was when he was appointed in 1964 and has remained that we approve requests for street lights at intersections and mid -blocks in case of exceptionally long blocks. The Engineering Department has been working on a city wide street light improvement study. It all depends on what level of lighting you want to provide. We budget about $88,000.00 for street lighting. That could easily double. A motion was made by Commissioner Losik, seconded by Commissioner Weisgerber to refer the petition to the City Engineer. Ayes: (5), Nays: (0). Motion carried. A LETTER was received from the Salina Cultural Arts Commission expressing their concern in favor of the Salina Municipal Band remaining as it is, with a yearly allocation of money from the City. Mr. Randy Kuhn, Treasurer of the Salina Cultural Arts Commission, feels Dr. Nickell expressed the sentiment of the Salina Cultural Arts Commission very well in his letter asking the City Commission to make a yearly allocation to the Salina Municipal Band. c ? 0r— `l `�✓� i s He said, ti'As a member of the Municipal Band, and the Musicians Union, I think the Municipal Band is a cultural benefit to the City," Mr, Earl VanCleef, President and Manager of the Municipal Band, said the band has been in existence for 50 years and the City has an obligation to the citizens of Salina to provide them with a Municipal Band. In the summertime, people fill the park for an evening of free entertainment, L� Mr, Curt Engwicht feels the band should be continued. He said it plays music for all age groups, } Mr. Robert Levin wants to retain the Municipal Band, and would like to see the practice facilities upgraded, and a band shell built in Sunset Park. Commissioner Cooper does not question the need for a Municipal Band, but does not feel the $9,000.00 of the $10,000,00 paid as salaries to the Municipal Band is justified. She feels it should be a volunteer Municipal Band. The people who want a Municipal Band should pay for it. Mr. Kuhn asked Commissioner Cooper if entertainment is a dirty business.and also if she had an axe to grind concerning the Band. Commissioner Losik wants the band to continue, but if it becomes commercialized, it is no longer a Municipal Band in his opinion. He said, "I wonder if the band members would be willing to sacrifice part of their salaries to help the City build a band shelter? Mr. VanCleef said the Municipal Band plays about 18 concerts, 4 or 5 parades, besides the 2 or 3 nights a week they practice, and thinks they certainly should be paid the minimum wage for their services, Dr. Hatton, formerly the president of the Salina Symphony, feels the City has a real asset in Eric Stein, and felt it would be very bad if we were to lose this man. He feels he is an excellent band leader, and doesn't knoo what the band would do without him, Commissioner Ashton agreed wholeheartedly, that Mr. Stein is a very fine musician, and does not want to do away with the band, A motion was made by Commissioner Ashton, seconded by Commissioner Weisgerber to continue the present status, to give $10,000.00 next year to the Municipal Band. Ayes: Ashton, Weisgerber, Caldwell (3). Nays: Cooper, Losik (2). Motion carried. Mayor Caldwell mentioned that the Municipal Band helped their children and a lot of other children in the City. It is a great asset. Commissioner Losik said no one is opposed to the Municipal Band on the Commission. PETITION NUMBER 3212 was filed by Wallerius, Inc, for the rezoning of all of Blocks 2 and 3, Wallerius Addition to District "'D" (Local Service District). A motion was made by Commissioner Ashton, seconded by Commissioner Losik to refer the petition to the Salina City Planning Commission, Ayes: (5). Nays: (0), [Action carried. COMMISSIONER LOSIK mentioned that the Seventh Grade Girls from Sacred Heart Junior High School, who were present at the meeting last week, with the help of 32 other boys and girls, collected several bags of trash in Indian Rock Park, and suggested a letter of Thanks be sent to them, and also to the Boy Scouts who did a similar project. A MOTION WAS made by Commissioner Ashton, seconded by Commissioner Losik that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried, a,1i vtr,�.r D. L. Harrison, City Clerk City of Salina, Kansas Commissioners" Meeting November 29, 1971. There was no meeting today, because a quorum was not present. D. L. Harrison, City Clerk