Loading...
08-07-1978 MinutesCity of Salina, Kansas Regular Meeting of the Board of Commissioners August 7, 1978 The Regular Meeting of the Board of Commissioners met in the City Commission Meeting Room, City -County Building on Monday, August 7, 1978, at four o'clock p.m. The Mayor asked everyone to stand for the opening ceremony. There were present: Mayor Jack Weisgerber, Chairman presiding Commissioner Keith G. Duckers Commissioner Dan S. Geis Commissioner Karen M. Graves Commissioner Gerald F. Simpson 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 July 31, 1978, and the Special meeting of August 1, 1978 were approved as printed. STAFF AGENDA THE COMMISSIONERS considered an ordinance 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.'' [Zoning Application 78-8 filed by E. W. Yockers for the rezoning of Lots 25 and 27, on Minneapolis Avenue, Addition to the Grounds of Kansas Wesleyan University, from R-1 to R-2 (Multiple Family Residential).] PETITION NUMBER 3720 was filed by Phyllis and Ernest Berndt, protesting the proposed change of zoning for property described in Zoning Application 78-8 at 312-314 East Minneapolis. THE CITY PLANNER reported on Protest Petitions 3708, 3710, 3711, 3712, 3713, 3714, 3715, 3716, 3720, protesting the proposed change of zoning for property described in Zoning Application 78-8 at 312-314 East Minneapolis, that the protest petitions represent 47.02% of the total protest area and will require a 4/5 vote of the City Commission to adopt the ordinance. A LETTER was received from Gene Yockers requesting the second reading of the ordinance providing for the rezoning of Lots 27 and 27 on Minneapolis Avenue, Addition to the Grounds of Kansas Wesleyan University, be postponed until August 21, 1978, as he will be out of town during the August 7th and August 14th Commission meetings. Bob Constable, Attorney representing several property owners surroundin the area to be rezoned was present and asked the City.Commission to act on the zoning matter at this time, as a substantial number of people are present who are interested in the matter. hie approached the bench and showed the Commissione pictures showing the single family residential character of that area. Commissioner Geis said in consideration of the people that are here that came for this, and the late notice of Mr. Yockers, I think we might as well go ahead and act on it. A MOTION was made by Commissioner Simpson, seconded by Commissioner Duckers to adopt the ordinance as read. Ayes: Graves, Duckers (2). Nays: Geis, Simpson (2). The Mayor did not vote, and the ordinance did not pass. 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." [Zoning Application 78-9 filed by Saline County Commission, for the rezoning of Lots 1 through 4 and part of Lot 5, Park Street, Bishop's Addition from R-3 to C-5 (Service Commercial District).] A motion was made by Commissioner Graves, seconded by Commissioner Geis to adopt the ordinance as read and the following vote was had: Ayes: Geis, Graves, Simpson, Duckers, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8648. The ordinance was introduced for first reading July 24, 1978. 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." [Zoning Application 78-10, filed by Ken Wasserman, for the rezoning of Lots 1 and 3, Block 13, Pacific Addition from C-3 to C-5 (Service Commercial District).] A motion was made by Commissioner Geis, seconded by Commissioner Duckers to adopt the ordinance as read and the following vote was had: Ayes: Geis, Graves, Simpson, Duckers, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8649. The ordinance was introduced for first reading July 24, 1978. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing and ordering the acquisition of property for the purpose of establishing a public street from Ohio Street to Kenwood Park Drive and providing for the curbing, guttering, paving and grading thereof, and the installation of sanitary sewer improvements, ordering preparation of plans and specifications, and the estimate of costs." (Engineering Project 77-628 - The Midway) A motion was made by Commissioner Duckers, seconded by Commissioner Simpson to adopt the Resolution as read and the following vote was had: Ayes: Geis, Graves, Simpson, Duckers, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3385. THE CITY ENGINEER filed plans and specifications for Engineering Project 77-628, for improvements to the Midway. A motion was made by Commissioner Simpson, seconded by Commissioner Duckers to accept the plans and specifications for Engineering Project 77-628 as filed by the City Engineer. Mayor Weisgerber asked what type of river crossing is called for in the plans and specifications? Mr. Boyer reported the plans and specifications call for a concrete box structure in the river bed, with dirt fill over it. The Commissioners discussed how the tubes, box structures, or span crossings fit into the design of the river channel improvement project and the use of the river for recreational canoeing and boating. Commissioner Simpson withdrew his motion and Commissioner Duckers withdrew his second. A motion was made by Commissioner Duckers, seconded by Commissioner Simpson to table a decision on Project 77-628 for one week and have the City Engineer report on cost differential between a span type crossing and the concrete box crossing. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Graves, seconded by Commissioner Duckers to introduce an ordinance for first reading levying special assessments against certain lots and pieces of property to pay the cost of cutting weeds on certain lots and parts of lots and the parkways abutting thereon in the City of Salina, Kansas. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: ISO A MOTION was made by Commissioner Duckers, seconded by Commissioner Simpson to introduce an ordinance for first reading levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances. Ayes: (5)• Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending the approval of Zoning Application 78-12 filed by David Werth for the rezoning of Lots 1 and 5 through 14, Block 1, Replat of Block 1, Country Hills Addition Number from R to R (Single Family Residential) and R-2 (Multiple Family Residential) P.D.D. (Planned Development District). A motion was made by Commissioner Geis, seconded by Commissioner Simpson to accept the recommendation of the City Planning Commission and approve the zoning application, and to introduce the zoning ordinance for first reading. Ayes: (5)• Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending that the County be asked to approve County Zoning Application 78-6, filed by Robert R. Frisbie for the rezoning of a tract of land in the North 1/2 of the Southeast 1/4 of Section 19-14-2 from AG to RS (Single Family Residential). A motion was made by Commissioner Duckers, seconded by Commissioner Graves to accept the recommendation of the City Planning Commission and recommend that County Zoning Application 78-6 be approved. Ayes: (5)• Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the adoption of the Service Extension Plan as a prerequisite to annexation of Schilling Manor. A motion was made by Commissioner Geis, seconded by Commissioner Duckers to adopt the Service Extension Plan as presented by the City Planning Commission. Ayes: (5)• Nays: (0). Motion carried. Mr. Harley Farrar, Route 1, was present and said he had a list of questions from one of the development companies in Schilling and asked if the Schilling Housing Complex will be annexed to the City of Salina, and if it is, when? He asked if there are any existing restrictions that would delay annexation, and if there are, they should be stipulated. Mr. Rawlings explained that these 12 items were presented by Mr. Frobenius at the planning meeting last week to be considered by the Planning Commission, and by the time the public hearing is held in October, we should have all the answers. Mr. Farrar asked Mr. Bengtson if it is legal for the City Commissioners to meet with a group of businessmen outside their chambers to discuss city business? Mr. Bengtson said the sunshine law applies. Commissioner Duckers said the proposition he denied was that Mr. Frobenius wanted to meet and talk with the Commission on a matter of business and didn't state what it was. He said he checked with the City Attorney and he advised it would be a violation of the sunshine law. A RESOLUTION was introduced and passed entitled: ''A RESOLUTION setting the date for a public hearing for the consideration of annexing certain property to the City of Salina, Kansas. [Setting October 16, 1978 as the date for public hearing on the annexation of Schilling Manor.] A motion was made by Commissioner Geis, seconded by Commissioner Duckers to adopt the Resolution as read and the following vote was had: Ayes: Geis, Graves, Simpson, Duckers, Weisgerber (5). Nays: (0). Motion carried. The Mayor approved the Resolution and it is numbered 3386. A RESOLUTION was introduced and passed entitled: ''A RESOLUTION authorizing the temporary investment of approximately $1,350,000.00 of.idle funds of the City of Salina, Kansas.'' A motion was made by Commissioner Duckers, seconded by Commissioner Graves to adopt the resolution as read and the following vote was had: Ayes: Geis, Graves, Duckers, Weisgerber (4). Nays: (0). Commissioner Simpson abstained. The Mayor approved the Resolution and it is numbered 3387• I 1 1 1 81. THE ARCHITECT, Wilson and Company, filed plans and specifications for an addition to the Salvation Army Building. (To be constructed with Community Development Block Grant Funds from the 3rd year amended application.) A motion was made by Commissioner Geis, seconded by Commissioner Duckers to accept the plans and specifications for the addition to the Salvation Army Building as filed by the Architect. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Geis, seconded by Commissioner Duckers to set the date of August 28, 1978 as the date to receive bids for the construction of an addition to the Salvation Army Building, and to instruct the City Clerk to advertise for bids. Ayes: (5). Nays: (0). Motion carried. THE ARCHITECT, Bucher and Willis, filed plans and specifications for improvements in the Lower Indian Rock Ballfield Complex. A motion was made by Commissioner Geis, seconded by Commissioner Simpson to accept the plans and specifications as filed by Bucher and Willis for improvements in the Lower Indian Rock Ballfield Complex. Ayes: (5). Nays: (0). Motion carried. Don Jolley, Salina Recreation Commission, was present. He said, "Several weeks ago, when certain contracts were let for the beginning of improvements to the ball diamonds in Lower Indian Rock, I asked the architect at that time if he anticipated the need to make any changes in the plans and specifications on the remaining contracts that were not let at that time. At this time I would like to know if any changes have been made, and if so, could we get some discriptibn of those changes and how they relate to the project?" Steve Jennings explained the two minor changes in the plans and specifications. One was the separation of the potable and non -potable water supply and the other is a change in the backstops, to be bid as an alternate. A motion was made by Commissioner Geis, seconded by Commissioner Simpson to set the date of August 14, 1978 as the date to receive bids for the construction of improvements in the Lower Indian Rock Ballfield Complex, and to instruct the City Clerk to advertise for bids. Ayes: (5). Nays: (0). Motion carried. PUBLIC AGENDA PETITION NUMBER 3721 was filed by James R. Knight for no parking signs in front of #2 Crestview Drive. A motion was made by Commissioner Graves, seconded by Commissioner Geis to refer the petition to the City Engineer for a recommendation. Ayes: (5). Nays: (0). Motion carried. A REQUEST was received by Dorothy Cater, 524 South Fifth, Apartment 2, to be present at the Commission meeting to discuss fallout - air pollution from the water -sewerage plant on Fifth Street, Salina, Kansas. Ms. Cater complained about the long time fallout "flack" from the water treatment plant which causes her eye irritation and a sinus type headache. She said Ron Webster and Wesley Morris talked with her about the problem. She said expensive as it may be, a more fool proof system should be the concern of the City of Salina, and that documentation of this condition should be readily available if the city consults long time residents, businessmen and possibly doctors. Bob Selm, Wilson and Company, said there is no notice of violation from the air pollution control people; but when the complaint came from Ms. Cater, we shut it down and found a portion of the baffle plate had eaten away and we promptly placed an order for the replacement, but it will take a little time to get it back in order. fie said we have probably been in violation but there are no notices of violation from any of the authorities. lie also explained that the system is obsolete, that the material being discharged is calcium carbonate, that it has saved the city many thousands of dollars, and that to update the system would require extensive alterations and be very expensive. lie said as air pollution laws become more stringent better pollution control devices will need to be installed and the replacement cost of the old system will be in the millions of dollars. The Commissioners thanked Ms. Cater for bringing the problem to the attention of the Commission. 18`? A LETTER was received from the Salina Area Chamber of Commerce supporti the Smoky Hill River Study recommendations recently submitted by Wilson and Company, and urging the City Commission to initiate the necessary action to begin implementation of Phase I of the study. Bob Gordon, Salina Area Chamber of Commerce, was present to support the Chamber of Commerce position. A motion was made by Commissioner Duckers, seconded by Commissioner Simpson to accept the letter from the Salina Area Chamber of Commerce and thank them for their study of the project and their support of an expensive and necessa project in the near future. Ayes: (5)• Nays: (0). Motion carried. The Commission asked staff to make recommendations at the August 14, 1978 meeting on the action necessary to initiate Phase I of the project. COMMISSION AGENDA A PUBLIC HEARING was held on the 1979 Proposed Budget and proposed uses of Revenue Sharing Funds for the 10th Entitlement Period. E. H. Hagan, questioned the mathematical extensions of salaries for the sewer plant operators and maintenance workers, and said the proposed golf course fees are too high. The Commissioners explained that any changes in the golf course, refuse, land fill fees must be done by ordinance or resolution at a later time. Ray Houck asked if the city is planning to buy more land for parking lots? He said there are about 312 parking meters not used. Mr. Olson said the parking meter fees have not been changed, and there has been conversation to purchase additional lots, but that a final determination has not been made. Mr. Houck also asked why the city plans to maintain the paper recycling plant since there is no market for the paper? Commissioner Simpson explained that conservation efforts are encouraged by the plant itself, and the Commission hopes that the number of people contribut' paper could be increased on a voluntary basis, rather than having to buy paper in order to help the conservation of paper and keep the plant in operation. Harley Farrar, Route 1, asked about the Special Gasoline Tax Fund. Mr. Olson explained that a separate fund has been used for funds received from Special Gasoline Tax, and the funds are basically used to repair and maintain the city streets. An unidentified woman suggested that the Smoky Hill Museum be moved to the upper 2 floors of the old Courthouse. She said it would need an elevator, air conditioning, and some plumbing at an estimated cost of $145,000.00. The Commissioners said there are some complications in that the County Commission owns the building, the Library Board runs the museum. Fred Vandegrift asked the City Commissioners to reinstate the $5,000 proposed cut in the Industrial Development Fund. He said the fund should be increased because the fund is used to bring new business and industry which broadens the tax base. Commissioner Duckers said he thinks it is being penny wise and pound foolish to cut the fund when you think of the industry brought in by this group, and plans to move to reinstate the $5,000 to the fund. P9 1 1 183 Commissioner Graves said the Bicentennial Center has been a priority of the Chamber of Commerce and is now a reality, and that it is one of those years the budget got shaved a little. Commissioner Geis said he feels $15,000 is adequate for the fund, because as new industries come to town, it increases the cost to the old residents: Bob Whitworth, Executive Director of the Salina Area Chamber of Commerce` said there are many new jobs created by the industries which pay taxes and teachers salaries. Norman St. John asked the City Commission to justify all the expenses involved in the $220,000 revenue sharing funds to be used as operating expenses for the Bicentennial Center and a list of needed equipment for $115,000. Commissioner Simpson read the list of equipment needed to operate the facility, and explained that there will be an operating deficite in the first years of the center's operation. He said the city is under an obligation to see that the 6.5 million dollar facility gets a proper opening and operates during its first fiscal year. Commissioner Simpson said the City Commission has to set budget, program and facility priorities, and has spent long hours over this particular budget to try to provide the best services, the best facilities, the best personnel, the best programs available for the citizens of this community. Sister Mary Lou Roberts, Catholic Charities, said the City Commission should support the people programs more with the revenue sharing funds, and complained that the open meeting August 1, 1978 was not publicized enough. Commissioner Duckers explained government cannot be all things to all people, and this year with the tightening of the budget, if all of the people projects are going to fly there are plenty of private dollars in Salina from people who are interested and who are going to come forth and support the people programs. They are not a function to pass on to all the tax payers. Raymond Houck suggested the City support the programs it has started and not to start any new ones. Martha Rhea, Salina Arts Commission, said the Arts Commission is working with a programming budget of approximately $70,000, and less than 15% comes from the city budget. She said the Arts Commission needs the support of the City Commission. Cindy Entriken, Abused Women Task Force, said she was notified they were to receive $2,000 for a survey to determine if there is a need for their services, and thanked the City Commission for these funds and then criticised the City Commission for trying to be the recreation director for the city with the Bicentennial Center, Neighborhood Centers, baseball diamonds, swimming pools, parks. She suggested that maybe the city needs a board to evaluate the human services programs and make recommendations to the City Commission for a more equitable distribution of funds. Commissioner Geis said, "I regret that many of you people were not here on Tuesday to hear us each fight for our own particular area of interest. I came out of that session completely wrung out, as Jerry said, none of us are entirely pleased with the results but we recognize it as a compromise, perhaps a compromise of priorities or values, depending on where you sit. I feel that each of us gave up something of particular importance to our area of interest, perhaps some of us were out of proportion, but anyway I am satisfied that the adjustments we have made in the budget are the best we could do on a compromise basis and except for Keith's comment regarding that one industrial development account, I have not heard any other particular changes suggested and I would like to, at this time, even though I don't completely agree, move that we adopt the 1979 budget as published with the following amendments: (1) 1978 Adjusted Budget 1979 Budget CITY COMMISSION Account #211 Arts Commission $2,770.00 Emergency Preparedness 1,405.00 CITY CLERK Account #120 Salaries (1) 6,540.00 BUILDINGS Account #299 (City -County Building) 6,500.00 PARK Account #120 Salaries (2) 12,545.00 PARK Account #516 Shelter House $5,000.00 Playground Equipment 15,000.00 POLICE Account #120 Salaries (2) 24,665.00 POLICE Account #502 Animal Shelter 10,000.00 BAND Account #210 Municipal Band 3,285.00 Silver Sabres 1,500.00 INDUSTRIAL DEVELOPMENT Account #295 5,000.00 $30,000.00 - $64,210.00 (2) That the Insurance and Contingencies Account #404 be increased $45,420.00. Changes in levy requirement to finance the 1979 Budget: $382,138.00 10th Entitlement Period Revenue Sharing Funds to be distributed as follows: APPROVED FOR SUGGESTED Bicentennial Building $200,000.00 Health Department 63,000.00 Human Resources 90,845.00 (Neighborhood Centers) Paper Recycling 5,000.00 $358,845.00 Balance 23,293.00 C.K.A.F. Abused Wives lCommissioner Graves seconded the motion. $200,000.00 63,000.00 119,138.00 1tl $382,138.00 APPROVED $219,293.00 60,000.00 90,845.00 0.00 10,000.00 2,000.00 $382,138.00 PUBLISHED ADOPTED LEVY LEVY General 18.9214 18.4194 Employee Benefit 5.3558 5.3558 Utility 3.3679 3.3679 Bond and Interest 10.6769 10.6769 3 .3220 3200 $382,138.00 10th Entitlement Period Revenue Sharing Funds to be distributed as follows: APPROVED FOR SUGGESTED Bicentennial Building $200,000.00 Health Department 63,000.00 Human Resources 90,845.00 (Neighborhood Centers) Paper Recycling 5,000.00 $358,845.00 Balance 23,293.00 C.K.A.F. Abused Wives lCommissioner Graves seconded the motion. $200,000.00 63,000.00 119,138.00 1tl $382,138.00 APPROVED $219,293.00 60,000.00 90,845.00 0.00 10,000.00 2,000.00 $382,138.00 1 1 f 8 5 Commissioner Duckers moved to amend that motion and to restore the Industrial Development Fund to the $20,000 in the original budget. The motion died for the lack of a second. Commissioner Simpson commented, "I do not disagree with your comments on this, and would like to see it restored, however if we do that I would have to vote to restore every other line item decrease or deletion that was agonized over that 4 1/2 hours we spent last Tuesday afternoon. I don't believe the cut seriously impares the Chamber of Commerce's ability to work to economic growth and expansion of the City of Salina. The Bicentennial Center is here in this is tax year 1979 and it is something we have to realisticly look at from a funding standpoint. It will provide some jobs. I think people coming from afar and near provide for economic expansion and retail sales and etc., so I don't think we are totally ignoring the idea of economic development or growth for the City.'' Commissioner Duckers said he agrees this $5,000 is not going to seriously impare the Chamber this one year but his concern is that this may be a trend and this fund could be phased out, and it is extremely important in the long range future of the community that the City of Salina make a commitment to help the chamber in the industrial development of the community. The Mayor called for a vote on the motion. Ayes: (5). Nays: (0). Motion carried. Mr. Olson said, "This is the 14th budget I have had the pleasure of preparing for this city, and '1 can truthfully and honestly say that this City Commission, right or wrong, did agonize over several sessions, several hours in each session, and from an administrative point of view, we appreciate the effort and the agony you spent. It was a new experience for us, and from staff, we want to thank you for the many unpaid hours you put in, argued, debated, agonized.''' A MOTION was made by Commissioner Simpson, seconded by Commissioner Geis that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5)• Nays: (0). Motion carried. The Regular Meeting of the Board of Commissioners adjourned at 6:30 P.M. D. L. Harrison, City Clerk