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03-20-1978 MinutesAIL The Regular Meeting of the Board of Commissioners met in the Commission Room, City -County Building, on Monday, March 20, 1978, at four o'clock P.M. The Mayor asked everyone to stand for the opening ceremony. There were present: Mayor Keith G. Duckers, Chairman presiding Commissioner Dan S. Geis Commissioner Karen M. Graves Commissioner Gerald F. Simpson Commissioner Jack Weisgerber comprising a quorum of the Board, also: printed. L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: None The Minutes of the Regular Meeting of March 13, 1978 were approved as STAFF AGENDA A MOTION was made by Commissioner Simpson, seconded by Commissioner Graves to remove from the table, an ordinance introduced for first reading February 27, 1978 and tabled March 6, 1978 to amend Section V (c), Appendix B of the Salina Code, requested in Petition Numbers 3678 and 3679, filed by John Mize. Ayes: (5). Nays: (0). Motion carried. Mr. Bob Armstrong, County Clerk, was present and commented that he has to sign the plat, that the change doesn't really affect his office but it does affect the tax payer and the property later on. Mr. Keith Lilly, County Treasurer, was present and commented that the only way to eliminate confusion is if there are no delinquent taxes and no unpaid current taxes at the time the plat is filed. Mr. John Mize, petitioner, said the reason for the proposed amendment is to avoid requiring someone, who wants to plat a piece of ground, from paying the second half taxes which aren't due until June. A motion was made by Commissioner Graves to introduce an ordinance for second reading entitled: "AN ORDINANCE providing for the amendment of Section V (c), Appendix B of the Salina Code, and repealing the original section." The motion died for the lack of a second. A MOTION was made by Commissioner Graves, seconded by Commissioner Simpson, to remove from the table, an ordinance introduced for first reading February 27, 1978 and tabled March 13, 1978 to rezone Lot 3, Block 1, Tolle Subdivision from District RS to R-2/P.D.D. Ayes: (5). Nays: (0). Motion carried. The City Planner reported on Protest Petition Number 3688 which was filed by property owners within 200 feet of the proposed rezoning, that property owners owning 27.5% of the eligible property had signed the petition and it is a valid protest petition, as it exceeds 20%, and that it will require at least a 4-1 vote of the City Commission to override the protest petition and adopt the ordinance. No residents were present to speak to the rezoning. rs' 110-N s A motion was made by Commissioner Graves, seconded by Commissioner Simpson to adopt an ordinance entitled: "AN ORDINANCE providing for the amendment of Ordinance Number 8526, the same being Chapter 36 of the Salina Code, 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." [Z77 -20A filed by James Ward for the rezoning of Lot 3, Block 1, Tolle Subdivision from District RS to R-2/P.D.D. (Multiple Family Residential- Planned Development District).] Ayes: Weisgerber, Geis, Graves, Simpson, Duckers (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8628. The ordinance was introduced for first reading February 27, 1978. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing and ordering certain curbing, guttering, paving and grading, water main and service lines, sanitary sewer improvements, ordering preparation of plans and specifications, and the estimate of costs." (Engineering Project 78- 634 - Country Club Estates Addition Number 3). A motion was made by Commissioner Weisgerber, seconded by Commissioner Geis to adopt the Resolution as read and the following vote was had: Ayes: Weisgerber, Geis, Graves, Simpson, Duckers (5)• Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3358. THE CITY ENGINEER filed a feasibility report for street and utility improvements in the Replat of Lot 22, Block 3, and Lot 9, Block 6, Dow Addition, requested in Petition Number 3684 filed by G & K, Inc. A motion was made by Commissioner Geis, seconded by Commissioner Simpson to accept the feasibility report as filed. Ayes: (5). Nays: (0). Motion carried. Dr. Holman and Dr. Sloo were present, and were interested in how the benefit district would be determined and how the cost would be assessed for the additional drainage structures. The Commissioners and staff discussed the scope of the benefit district and the possibilities open for the drainage of the area. Mr. Don Williams was present and said 238 acres contribute to the runoff which eventually runs through Dr. Holman and neighbors property. He said they are proposing to develop 30 acres and paid for a concrete box through Country Club Heights Addition Number 5, met with residents and were told to pay the entire cost. He said the study has beem made as promised, and they are taking a financial loss waiting for zoning to R-1 and a further loss if a contract for improvements isn't let in conjunction with Georgetown improvements. He said the problem won't be solved by denying zoning and asked that the zoning request be taken off the table and adopted today. George Etherington was present and said the delay is hurting him also because it is delaying the street and utility improvements he requested for Georgetown Addition, and urged the City Commission to approve the rezoning. THE CITY ENGINEER filed a feasibility report for street and utility improvements in Georgetown Addition, requested in Petition Number 3685 filed by George Etherington and Petition Number 3686 filed by William Chaffee. A motion was made by Commissioner Simpson, seconded by Commissioner Weisgerber to accept the feasibility report as filed. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER reported on the drainage in Country Club problem Heights Addition Number 5, that the drainage has been taken care of by design and the dedication of land for a drainage ditch in that addition. He reported that there are two alternatives to solve the problem in Country Club Heights Addition Number 3. One would be to add a 48" pipe at both Edgehill and Seitz Drive at a cost of approximately $12,000; and the other would be to replace the pipes and install new concrete box structures at an approximate cost of $37,000. He reported that he met with Dr. Sloo and Dr. Holman and Mr. Jarvis, Mr. Franken and Mr. Anderson. He said the residents also met with the developers of Country Club Heights Addition # 5 and thought they should assist them in paying for the increase, and that Engineering advised them this would be a private matter. Dr. Holman and Dr. Sloo were present, and were interested in how the benefit district would be determined and how the cost would be assessed for the additional drainage structures. The Commissioners and staff discussed the scope of the benefit district and the possibilities open for the drainage of the area. Mr. Don Williams was present and said 238 acres contribute to the runoff which eventually runs through Dr. Holman and neighbors property. He said they are proposing to develop 30 acres and paid for a concrete box through Country Club Heights Addition Number 5, met with residents and were told to pay the entire cost. He said the study has beem made as promised, and they are taking a financial loss waiting for zoning to R-1 and a further loss if a contract for improvements isn't let in conjunction with Georgetown improvements. He said the problem won't be solved by denying zoning and asked that the zoning request be taken off the table and adopted today. George Etherington was present and said the delay is hurting him also because it is delaying the street and utility improvements he requested for Georgetown Addition, and urged the City Commission to approve the rezoning. Phillip Shaffer was present and said the developers of Country Club Heights Addition Number 5 have complied with every request, and in the dedication of land for a drainage ditch. Mr. Olson commented "I think there are a couple of other points that I would like to raise at this time. We are talking about the drainage problem. I don't think that the Doctors or anyone else living immediately adjacent to the drainage area in Country Club Number 3 should get the idea that these Commissioners, or if these improvements are made to take a 4" rain in an hour, that this removes forever the possibility of having wet basements. It will not. I don't know what it would take to design to give anybody that assurance. The second point is that the improvements there in the present location, the City, per se, whether it is the Inspection Department who issued the permits or Engineering or no one else on the city payroll had any legal right to prevent you, or anyone else, from building where you did." The City Attorney suggested that he get together with the City Engineer, Dr. Holman, and Don Williams this week to see if something can be worked out. A MOTION was made by Commissioner Geis, seconded by Commissioner Simpson to remove the rezoning ordinance from the table to be considered. Ayes: (5). Nays: (0). Motion carried. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Ordinance Number 8526, the same being Chapter 36 of the Salina Code, 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." [Z77-18 filed by Dr. Norman Harris and Don Williams, for the rezoning of all lots in Blocks 1, 2, 3, 4, 5, 6, Country Club Heights Addition Number 5 from RS to R-1, (Single Family Residential District).] A motion was made by Commissioner Geis, seconded by Commissioner Simpson to adopt the ordinance as read and the following vote was had: Ayes: Weisgerber, Geis, Graves, Simpson, Duckers (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8629. The ordinance was introduced for first reading October 24, 1977. A MOTION was made by Commissioner Geis, seconded by Commissioner Graves to set the date of April 3, 1978 as the date to receive bids for the following vehicles: 1. Two - 1/2 ton pickup trucks for the Water and Sewerage Department. 2. One - Truck with sludge tank for Water and Sewerage Department. 3. One - Station wagon for the Fire Department. 4. One - 2 door sedan for the Inspection Department. and to instruct the City Clerk to advertise for bids. Ayes: (5). Nays: (0). Motion carried. BUCHER AND WILLIS, Consulting Engineers and Architects, presented a report on the preliminary plans for an 8 diamond baseball complex in Lower Indian Rock Park. Mr. Ron Williamson, reported that he has had 2 sets of meetings with the Recreation Commission Superintendent, the Salina Recreation Commission, the City Manager and Staff, the Mayor's Baseball and Softball Committee and the surrounding residents and got everybodys ideas on the development of this park and had some good input which will be used in the development of the final plan. He reviewed the preliminary plan and asked for its approval so they can proceed with the final plan and meet the schedule of seeding in the Fall so the diamonds will be ready for play next Spring. Mr. Larry Marshall, an area resident, was present and thanked the City Commission and Mr. Williamson for the opportunity to have some input into the plan, but asked the City Commission to approve 7 diamonds instead of 8 as it is proposed. 1 1 1 Mr. Don Jolley, Salina Recreation Commission Superintendent, said he has had an opportunity for input into the plan and said the design does meet the needs of the Recreation Commission. A motion was made by Commissioner Graves, seconded by Commissioner Geis to approve the preliminary plan and authorize Bucher and Willis to proceed with the final development plans for the baseball facilities in Lower Indian Rock Park. Ayes: (5). Nays: (0). Motion carried. A PROPOSAL was received from Wilson and Company to do a study of the surface drainage for the area between Crawford and Cloud Streets, East of Ohio Street and west of the Smoky Hill River for a cost of $4,962.00. A motion was made by Commissioner Geis, seconded by Commissioner Weisgerber to approve the agreement for the study to be paid out of the Contingencies Fund. Ayes: (5). Nays: (0). Motion carried. PUBLIC AGENDA J. Thomas Phoenix, Boettcher and Company, was present and presented a proposal to refund $4,670,000 par value combined Water and Sewerage Revenue bonds dated August 1, 1961 and March 1, 1977. The City Attorney suggested that the City Commission not take arty action on the proposal until they hear from another firm which has made a proposal. COMMISSION AGENDA ''STATUS REPORT FROM THE CITY MAMAGER ON IMPROVEMENTS TO BASEBALL DIAMOND TO REPLACE BLUE JAY STADIUM''. (Sponsored by Commissioner Graves). Mr. Olson reported that the initial proposal submitted was to move the ;! Blue Jay Stadium to Lower Indian Rock Park as a part of that complex. Since the lighted diamonds were removed from that plan the City was left with no alternative' ?j than to look to the south diamond at Schilling for the Legion and Senior Babe Ruth to play baseball. He asked the Commission for permission or direction to proceed with the improvements of that diamond to meet Babe Ruth standards which .'involves the installation of 50 metal halide fixtures at 1,500 watts for each fixture, and fencing, and be authorized to spend in the neighborhood of $25,000 ,dor $30,000 to get the project completed right away. Mr. Jolley said the Commission has talked about who the south diamond is going to accomodate, but it hasn't discussed who they are going to displace with the use of the south diamond for baseball. He said the Salina Recreation Commission has scheduled the use of that south diamond for 1/2 of the men's softball program, and that scheduling all the facilities should be the responsibility of the Recreation Commission. Mr. Tom Runyan, Chairman of the Salina Recreation Commission, President of the Salina Babe Ruth Association, Member of the Mayor's Committee on Baseball and Softball Diamonds, said it is impossible to accomodate 6 baseball teams and several softball teams on the same diamond. He asked the City Commissioners to explore the possiblity of lighting one or both of the temporary diamonds for the softball teams. He said that the scheduling of the use of the south diamond for baseball should be done by the Memorial Stadium Baseball Park Committee. Mr. Don Jolley said if the temporary diamond is lighted there would be no need for the Recreation Commission to use the south diamond at Schilling. Mr. John Heline said that baseball and softball are not compatible on the same diamond. The Commissioners, staff and interested people discussed the improvement$ needed for adequate baseball and softball facilities. A motion was made by Commissioner Graves, seconded by Commissioner Simpson to authorize the staff to proceed with the improvements of the south diamond for baseball and proceed with the lighting of one of the two softball diamonds on KTI property for the Salina Recreation Commission. Ayes: (5). Nays: (0). Motion carried. M A motion was made by Commissioner Geis, seconded by Commissioner Simpson that the Memorial Stadium Baseball Park Committee schedule its activities and the Salina Recreation Commission schedule its activities. Ayes: (5)• Nays: (0). Motion carried. A motion was made by Commissioner Simpson, seconded by Commissioner Weisgerber to add appointments to Boards and Commissions to the agenda for consideration. Ayes: (5)• Nays: (0). Motion carried. Memorial Stadium Baseball Park Committee Lawrence D. Clovis, reappointed for a 3 year term to April 3, 1980• John Heline, reappointed for a 3 year term to April 3, 1980. Bicentennial Center Authority Dean Evans, appointed for a 1 year term to March 9, 1979• Ralph Reitz, appointed for a 2 year term to March 9, 1980. Ken Stephenson, appointed for a 2 year term to March 9, 1980. Ed Pogue, appointed for a 3 year term to March 9, 1981. Bill Usher, appointed for a 3 year term to March 9, 1981. Energy Usage Commission for Salina Norm Jackson appointed to succeed Harold Westburg. The Mayor announced a special meeting of the Board of Commissioners on Tuesday, March 21, 1978 at 1:30 P.M. for a presentation of the Hay Associates Job Content Evaluation and Salary Plan for city employees and to discuss the disposition of Schilling Manor. A MOTION was made by Commissioner Geis, seconded by Commissioner Simpson that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5)• Nays: (0). Motion carried. The meeting adjourned at 6:44 P.M. 1 D. L. Harrison, City Clerk i J 1 WAIVER AND CONSENT TO HOLD A SPECIAL MEETING OF THE BOARD OF COMMISSIONERS We, the undersigned, being the duly elected, qualified and acting Commissioners of the City of Salina, Kansas, and constituting a majority of the Board of Commissioners of the City of Salina, Kansas, do hereby waive notice and consent to the holding of a special meeting of the Board of Commissioners on the 21st day of March, 1978, at 1:30 P.M. for the purpose of discussing the Hay Associates Job Content Evaluation and Salary Plan, and the disposition of Schilling Manor. Dated this 21st day of March, 1978. f,. Commissioners