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07-11-1961 Minutes• COMMISSIONERS PROCEEDINGS, REGULAR MEETING COMMISSIONERS ROOM, SALINA, KANSAS JULY 11, 1961 Regular Meeting of the Board of Commissioners July 11, 1961. Meeting was called to order by Magor"Bull, the roll was called and Commissioners Bul,12 Banker, Exline, Spangler and Tucker and City Attorney Barta responded. The minutes of the Regular Meeting of the Regular Meeting of June 27th, 1961; Special Meeting of June 27th, 1961 and Zoning Board Meeting of June 27th, 1961 were read and approved as read. Bids received for $3,600,000.00 Combined Water and Sewage System Revenue Bonds. Motion by Commissioner Spangler, seconded by Commissioner Exline, award to White, Weld and Company, Associates, Chicago, Illinois. Carried. Motion by Commissioner Exline, seconded by Commissioner Banker, ordinance in- troduced for first reading , "Fixing the rates of interest to be borne by $x3,600,000.00 principal amoun of Combined Water and Sewage System Revenue Bonds, Series of 1961, of the City of Salina, Kansas, authorized by Ordinance No. 6546 of said City and author- izing the delivery of said bonds to the purchasers." Ordinance Passed:�� _(_ �^ �—Number: Bids received for Levee Fencing as follows: G. D. Byler,Contractor, Topeka, Kansas $21,035.00 Norman L Frick, Assaria, Kansas $ 9 1630.60 Engineer's .6stimate $ 93066.00 Bids over Engineer's Estimate. Motion by Commissioner Spangler, seconded by Commissioner Tucker readvertise for bids to be received July 25, 1961. Carried. No persons appeared to protest the rezoning of Lot 28, Block 21 Riverside Park Addition from Zone "A" to Zone "B". Motion by Commissioner Tucker seconded by Commissioner Tucker Zoning Ordinance introduced f or first reading. r Ordinance passed: U, l tcPassed: Report regarding appraisal of Lot 19, Upper 1,1ill Heights, owned by Lillian E. Mollhagen, for Greeley Avenue paving. Motion by Commissioner Spangler, second by Commissioner Tucker approve cor- rection. Carried. • Resolution introduced and passed "Authorizing and ordering certain street, sewer and water mains and hydrant improvements, ordering preparation of plans and specifica- tions, and the estimate of costs." Motion by Commissioner Spangler, seconded by Commissioner Banker resolution adopted as read and on its final adoption the roll was called and the following vote was had; Ayes: Bull, Banker, Ekline, Spangler and Tucker (5) Nays: (0) Mayor approved the resolution and it is Numbered 2533• Ordinance introduced for secondxeading entitled: "An ordinance authorizing and directing the issuance of $3,600,000.00, principal amoun of Combined Water and Sewage Revenue Bonds, Series of 1961, of the City of Salina, Kansas, $748,000.00 Principal amount of said bonds being issuedfor the purpose of refunding an equal principal amount of outstanding Waterworks Revenue Bonds, Series "B" of said City, dated, August 1, 1953; $434,000.00 principal amourt of said bonds being issued for the purpose of refunding an equal principal amount of outstanding Waterworks Revenue Bonds,Series "C" of said City, dated, October 1, 1955; $768,000.00 principal amount of said bonds being issued for the purpose of altering, improving, extending and en- larging the Waterworks of said City; and $1,650,000.00 principal amount of said bonds being issued for the purpose of altering, improving, extending and enlarging the Sani- tary Sewer System of said City (Said Waterworks and said Sanitary Sewer System now having been combined into a Combined Water and Sewage System of said City), providing the form and details of said Combined Water and Sewage System Revenue Bonds, providing for the collection, segregation and application of the Revenues of s aid Water and Sewage 1 System for the purposes authorized by law, and making certin covenants and agreements with respect thereto." • Motion by Commissioner Exline, seconded by Commissioner Spangler, ordinance was read and adopted by sections and on its final adoption the roll was called and the following vote was had; Ayes: Bull, Banker, Exlire, Spangler and Tucker (5) Nays: (0) Mayor approved the ordinance and it is Numbered 6546. An ordinance was introduced for second reading entitled: "An ordinance ratifying and confirming a contract with Rhodes Construction Company for the constructionof Mulberry Street and Walmt Street Smoky Hill River Crossings, as designated and authorized by Resolution Numbers 2432 and 2133, and providing for the issuance of temporary notes to pay the cost thereof, pending the issuance and sale of bonds." On motion of Commissioner Tucker, seconded by Banker, ordinance was read and adopted by sections and on its final adoption the roll was called and the following vote was had: Ayes: Bu113 Banker, Ex1ine, Spangler and Tucker (5) Nays: (0) Mayor approved the ordinance and it is Numbered 6519. An ordinance was introduced for secondreading entitled: "An ordinance ratifying a confirming a contract with R. R. Ballou Construction Company for the construction of Euclid Avenue Dry Creek Crossing as designated and authorized by Resolution Number 2177, and providing for the issuance of temporary notes to pay the cost thereof, pending the issuance and sale of bonds.11 Motion by Spangler, seconded by Tucker, ordinance was read and adopted by sections and on its final adoption the roll was called and the following vote was had; Ayes: Bull, Banker, Exline, Spangler and Tricker (5) Nays: (0) Mayor approved the ordinance and it is Numbered 6550. An ordinance was introduced for second reading entitled: "An ordinance ratifying and confirming a contract with G. D. Byler Construction Company for the construction of Interior Drainage Ditch No. 1 and No. 3 as designated and authorized by Resolution Number 2519, and providing for the issuance of temporary notes to pay the cost thereof pending the issuance and sale of bonds." Motion by Spangler, seconded by Tucker, ordinance w asread and adopted by sections and on its final adoption the roll was called and the following vote was had; Ayes: Bull, Banker, Exl.ine, Spangler and Tucker (5) Naysx (0) Mayor app oved the ordinance and it Numbered 6551. An ordinance was introduced for second r eading entitled: "An ordinance providing for the paving and grading of Alley with concrete Sixteen (16) feet wide, first north of Wayne Avenue fromRoach Street to Lewis Street; paving and grading of Antrim Avenue Thirty-three (33) feet wide from ack of curb toback of curb, from the west side of Tenth Street to the west line of Eleventh Street; curbing, gutterira paving and grading of East Ash Street with concrete, Thirty-three (33) feet wide fromback of curb to back of curb, from the east side of Ohio Street tothe east line of Riverside Drive; curbing, gutterirg, paving and grading of Barney Street with concrete, Thirty-three (33) feet wide from back of curb to back of curb, from the north line of Broadway Boulevard to the south line of (h•and Avenue; curbing and guttering one side, and the paving and brading of Beverly Drive with concrete Twenty-eight (28) feet wide fromtoe of gutter to toe of gutter, from the west line of Whittinghill Avenue tothe west line ofViemont Avenue; curb- ing, guttering, paving and gradin of Channel Road with concrete Thirty-three (33) feet wide from back of curb to back of curb, from the south line of IronAvenue to the north edge of Upper Mill Drive; curbing, guttering, paving and grading of Duvall Avenue with concrete Thirty-three (33) feet wide from back of curb to back of curb, from the west line of Broadway Boulevard to the south line of Crawford Avenue; curbing, guttering,paving and grading of Eastborougr Road with concrete, Thirty-three (33) feet wide fromback of curb tc back of curb, from the south line of Country Club Road to the south line of Crestview Drive; paving and grading of Front Street with concrete, Thirty-thre (33) feet wide from back of curb toback of curb, from the south line of Lincoln Avenue tothe south line of the Union Pacific Right -of -Wary; curbing, guttering, paving and grading of Francis Street with concrete, Thirty-three (33) feet wide fromback of curb to back of -curb the south line of York Avenue, south 127 feet; paving and gradin: g of Funston Avenue with concrete, Twenty-six (26) feet wide from toe of gutter to toe of gutter from the south line of Ellsworth Street tothe north lien of Jewell Avenue; curbing, guttering, paving and grad- ing Fourth Street with concrete onboth sides of Union Pacific Tracks, each 30 feet wide from back of curb to edge of slab, from the south line of Claflin Avenue to the north side of Cloud Street; curbing, gutterirr, , paving and grading of the East side of Fourth Street with concrete, Thirty (30) feet wide from back of curb to edge of pavement, from the north litre of Bond Street to the south line of Wilson Street; curbingt gutter- ing, paving and grading of East side of Fourth Street with concrete, Twenty-tVd;(22) feet wide from edge of slab to back of curb, from the south side of Republic Avenue to the north side of Beloit Avenue; paving and grading of Fourth Street on the e$st side of Tracks with concrete, Twenty (20) feet wide from back of curb to edge of slab, from the south line of Lot 8, on Fourth Street of Jones Addition to the north line of Lincoln Avenue; paving and grading of Fourth Street on the East side of Tracks with concrete Twenty -(20) feet wide fromrack of curb to edge of slab from the south line of Lamar Street to the north line of Republic Avenue; curbing, gutteri% paving and grading of the East side of Fourth Street with concrete Thirty (30) feet wide from back of curb to edge of pavement., from the south line of Wilson Street to the south line of Lamar Street; pavigg and grading of Indiana Avenue with concretai,Thirty-three (33) feet wide from back of curb to back of curb, from the south line of Gypsum Avenue to the south line of Stack Avenue; paving and gra. ing of Kansas Avenue with concrete. Twenty -Eight (28) feet wide from toe of gutter to toe of gutter, from the north line of Elm Street to the south line of Riverside Boulevard; curbing, guttering, paving and gra irg of Lewis Avenue with concrete, Thirty- three (33) feet wide from b ack of curb to b ack of c urb, f rom the north line of Millwood Avenue tm the south line of Crawford Avenue; paving andlaing of Lincoln Avenue with • concrete Thirty-three (33) feet wide from back of curb to back of curb from the east line of Fourth Street to the west line of Third Street; paving and gradin of Oakdale Avenue with concrete Twenty-eight (28) feet wide from edge of curb to edge of curb from the east end of Smoky Hill River Bridge East 900 feet more or less to west edge of existing paving; curbing, guttering, paving and grading of Ohio Street with concrete Forty (40) feet wide from back of curb to back of curb, from the north line of Ash Street to the north line of Elm Street; paving and grading of PershingStreet with concrete Twenty -Seven (27) feet wide from toe of gutter to toe of gutter, from the south line of Beloit Street to the north line of Sunset Drive; paving and grading of Pershing Street with concrete: Twenty-seven(2I) feet wide from toe of gutter to toe of gutter, from the south line of Sunset Drive to the north line of Ellsworth Street; paving and grading of Republic Avenue with -concrete, Twe t eight (28) feet wide fromtoe of gutter to toe of gutter, from the west line of Funston Avenue to the east line of Missouri Pacific Railroad; paving and grading of Stapler Avenue with concrete, Twenty-eight (28) feet wide fromtoe of gutter to toe of gutter,from he east line of Delaware Avenue to the west line of Indiana Avenue; curbing, guttering, paving and grading of Stack Avenue with concrete Thirty-three (33) feet wide from tack of curb to ack of curb, fromthe west side of Missouri Avenue to he east side of Indiana Avenue; curbing guttering, paving andgrading of Seventh Street with concrete Thirty- three (33) feet wide from back of curb toback of curb, from the south property line of Lincoln Avenue to the north right-of-way line of the Union Pacific Railroad; paving and grading of South Second Street with concrete Twenty-eight (28) feet wide from edge of Butte • to edge of gutter, from 150 feet south of Wilson Street to a point 23 feet north of the sou,,k. line of Lot 15, Block 6, Hutchinson's Addition; curbing, gutterin, paving and grading of South Second Street with concrete, Thirty-three (33) feet wide from back of curb to back of curb, from a point 23 feet north ofthe south line of Lot 15, Block 7, Hutchinson's Additio to the south line of Lot 19 of said Block; curbing, guttering, paving and grading of Wayne Avenue with concrete, Thirty-three (33) feet wide from back of curb to back of curb, from the east line of Ohio Street to the west line of Huntington Road; and providing for the payment of the cost thereof, aid how the same shall be assessed and the manner of the payment of the cost thereof." ! Motion by Exline, seconded by Tucker ordinance was read and adopted by sections and on its final adoption the roll was called and the following vote was had; byes: Bull, Banker, Exline, Spangler and Tucker (5) Nays: (0) Mayor approved the ordinance and it is Numbered 6552. An ordinance was introduced for second reading entitled: "An ordinance providing for the curbing guttering, paving and grading of Beechwood Road with 8 inch asphalt Thirty-three (335 feett4de from back of curb to back of curb, from the north line of Northwood Road to the north line of Brookwood Road; curbingj, gutterirv,, paving and grad- ing of Brookwood Road with 8 inch asphalt Thirty-three (33) feet wide from back of curb to back of curb, from the east 1 ine of Marymount Road to the east line of Beechwood Road; curbing, guttef"ing, paving and grading of Hillcrest Lane with 8 inch hot mix asphalt, Thirty-three (33) feet wide from back of curb to back of curb, from the east 1 ine of Channel Road to the east end of Hillcrest Lane; curbing, guttering, paving and grading of Northwood Road with 8 inch asphalt Thirty-three (33) feet wide from back of curb to b ack of curb, from the east line of Aullwood Road to the west line of Beechwood Road; paving and grading of South Second Streets with asphalt Thirty-six (36) feet wide includ- ing Center Parking, from the south line of IronAvenue to the Smoky Hill River; and provid- ing for the payment of the cost thereof, and how the same shall be assessed and the manner of the payment of the cost thereof . " • Motion by Spangler, seconded by Banker, ordinance was :sad and adopted by sections and on its final adoption the roll was called and the following vote was had; Ayes: Bull, Banker, Exline, Spangler and Tucker (5) Nays: (0) Mayor approved the ordinance and it is Numbered 6553• Partial Oscar M. Wilbur Sidewalks (Job 408) $ 7,480.39 Motion by Tucker, seconded by Exline approved. Carried. No. 9 Banker Construction Company Installing Water Pipe Located • on Highway 40 $ 53279.48 Motion by Tucker, seconded by Exline approved. Carried. Applicationfor Cereal Malt Beverage 14 cense received from: George R. Sawaya, id/b/a "Pizza Palace" 228 South Santa Fe Avenue. i Motion by Exlim , seconded by Spangler approved. Carried. Engineer's Estimates filed as follows: No. 1 Michaelsen Construction Co. Street Improvement Job 411 $75,234.91 Motion by Tucker, seconded by Exline approved. Carried. No. 8 Brown and Brown Inc., Street Improvement Job 401 $123191.11 i s Motion by Tucker, seconded by Exline approved. Carried. No. 7. Wilmoth Construction Company Street Improvement Job 400 $46,629.71 Motion by Tucker, seconded by Exline approved. Carried. No, 8. Wilmoth Construction Company Street Improvement Job 404 $31,690.64 Motion by Tucker, seconded by Exline approved. Carried. Partial Oscar M. Wilbur Sidewalks (Job 408) $ 7,480.39 Motion by Tucker, seconded by Exline approved. Carried. No. 9 Banker Construction Company Installing Water Pipe Located • on Highway 40 $ 53279.48 Motion by Tucker, seconded by Exline approved. Carried. Motion by Spangler, seconded by Tucker ordinance introduced for first reading, Repealing the Code of the City of Salina, Kansas, 1960 Chapter XVI, Article 11. Ordinance Passed: ` `�^�L _Number: Motion by Exline, seconded by Banker, ordinance introduced for first reading, Repealing the Code of t he City of Salina, Kansas, 1960,Chapter VIII, Article 407, Section (B) (1). Ordinance passed: �� 1T�i� Number: 6- J J� Resolution introduced and passed entitled "A Resolution authorizing an agreement between Salina Country Club, acorporation, and the City of Salina, Kansas." Motion by Spangler, seconded by Banker, resolution adopted as read by the fol- lowing vote; Ayes: Bull, Banker, Exline, Spangler and Tucker (5) Nays: (0) Mayor approved the resolution and it is Numbered 2534. Motion by Spangler, seconded by Banker, resolution introduced for first reading relating to the excavating and paving of CountryClub Road from Overhill Road, east to end of City limits. Resolution passed: Number: Ordinance introduced for second reading entitled: "An ordinance providing penal for overparking and payment thereof, amending 27-2316 (d) the Code of the City of Salina, Kansas, 19603 and repealing said original section." Motion by Exline seconded by Banker, ordinance was read and adopted by sections and on its final adoption the roll was called and the following vote was had; Ayes: Bull, Banker, Exline, Spangler and Tucker (5) Nays: (0) Mayor approved the ordinance and it is Numbered 6554. Letter received from City PLanni.ng Commission, regarding the mailing of notices to petitioners when the Salina City PLanning Commission sends a recommendation to the Board of City Commissioners. Filed. City Manager reported on Petition Number 2503 for paving 300 and 400 Blocks (from Gypsum to Greeley) on Missouri Avenue. Motion by Exline, seconded by Tucker petition referred to petitioner. Petition to deny Petition Number 2505 for the rezoning of a part of Lot 11, Block 2, Tucker Park Addition, to the City of Salina, Kansas, for use as a Trailer Park. Motion by Tucker seconded by Banker petition referred to City Planning Commission. Petition for rezoning Lot 20, Block 2, Replat of Blocks 1 and 2 of Evergreen ParkAddition to the City of Salina, Kansas -(known as 338West Cloud) from Zone "A" to Zone "B". Motion by Spangler, seconded by Exline refer to City P-anrd_ng Commission. Petition for street light at the corner of Pentwood Drive andRoach. Motion by Spangler, seconded by Exline refer to City Manager. Petition for the drainage and filling of the water hole at Pentwood Drive and Roach. Motion by Spangler, seconded by Exline petition referred to City Manager. Concrete Construction Bond for John R. Hill Motion by Banker, seconded by Spangler approved. Carried. House Movers Bond from Calvin J. Carithers. Motion by Spangler, seconded by Banker approved. Carried. Concrete Construction Bond for Donald R. Goodnight and J.A.Mortimer, d/b/a "Personality Homes." Motion by Spangler, seconded by Tucker approved. Carried. Sign Installation Bond for Chas. J. Hedges d/b/a "Hedges Neon Sales, Inc.," Motion by Spangler, seconded by Banker approved. Carried. --- Billboard Municipal Bond for Harry K. Whittaker, d/b/a "Whittaker Advertising ComparV, Inc . , Motion by Spangler, seconded by Banker approved. Carried. Petition f or the elimination of Truck Traffic on South Ohio Street. Motion by Spangler, seconded by Exline,petition referred to City Manager, City A�torney and 'Traffic Department for South Ohio Street and Belmont Boulevard. Carried. Motion by Exline, seconded by Tucker, City Manager obtain Engineer proposal of costs on work with Commercial Sewer Fee Rates. Carried. • An ordinate a was introduced and passed entitled:" An ordinance making an appro- priationfor the payment of certain claims," Motion by Exline, seconded by Tucker, ordinance wasread and adopted by sections and on its final adoptionthe roll was called and the following vote was had; Ayes: Bull' Banker, Exline, Spangler and Tucker (5) Nays: (0) Mayor approved the ordi- nance aid it is Numbered A-1076. An ordinance was introduced and passed entitled: "An ordinance making an appro- priationfor the payment of certain claims." Motion by Exline, seconded by Tucker ordinance wasread and adopted by sections and on its final adoption the roll was called and the following vote was had; Ayes: Bull, Banker, Exline, Spangler and Tucker (5) Nays: (0) Mayor approved the ordi- nance and it is Numbered A-1077. On motion of Commissioner Spangler, Board of Commissiore rs adjourned. • I City Clerk 1 1 1 0 PROCEEDINGS, BOARD OF ZONING APPEALS. Ca4MISSIONERS ROCM, SALINA, KANSAS. JULY 11, 1961 Meeting of Board of Zoning Appeals., July 11th, 1961. Meeting was called to order by Mayor Bull, the roll was called and Comnissi.ormrsBull, Banker, Exline, Spangler; and Tucker and City Attorney Barta responded. Hearing was held on Appeal Notice filed by Dan Bolen for non-compliance with front yard requirements for East 50 feet of Lot 4, Surveyor's Pat 8, in the City of Salina, Kansas. No protests. A resolution was introduced and passed entitled: "A Resolution relating to the authorization of non-compliance with the Front Yard Requirements of Ordinance Num- ber 5519, for East 50 feet of Lot 4, Surveyor's Plat 8, in the City of Salina, Saline County, Kansas." Motion by Exli ne, seconded by Tucker resolution adopted as read by the fol- lowirg vote: Ayes: Bull, Banker, Exline, Spangler and Tucker (5) Nays: (0) Mayor approved the Resolution and it is Numbered 2535• Hearing was held on Appeal Notice filed by L. H. Weberg for non-compliance with Lot Area Requirements for South 50 feet of North 100 feet of L®ts 33 and 34, on State Street, University Addition in the City of Salina, Kansas, (known as 125 North College Avenue). No protests. A resolution was introduced and read entitled: "A Resolution relating to the authorization of non-compliance with the Lot Area Requirements of Ordinance Num- ber 55119 for the South 50 feet of the North 100 feet of Lots 33 and 34 on State Street, University Addition in the City of Salina, %nne County, Kansas„ known as 125 North College Avenue." Motion by Commissioner Exline, seconded by Tucker resolution adopted as read by the following vote; Ayes: Bull, Banker, Exline, Spangler and Tucker (5) Nays: (0) Mayor approved the resolution and it is Numbered 2536. Hearing was held on Appeal Notice filed by John T. and Nannie Ringle, 511 Willis Avenue, for width of lot requirements for the East 110 feet of West 160 feet of Lot 5, P}at 3, Lamer's 2nd Sub -Division City of Salina, Kansas. No protests. A resolution was introduced and read entitled: "A Resolution relating to the authorization of non-compliance with the Width of Lot Requirements of Ordinance Number 55119 for the East 110 feet of the West 160 feet of Lots, Plat 3, Lamer's Sec- ond Sub -Division City of Salina, Saline County, Kansas." Motion by Exline, seconded by Tucker resolution adopted as read by the fol- lowina vote: Aves: Bull_ Banker_ Ryl i nP _ Rnanal ar anri q1m lea _ (C� ) KTP _. (n)