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06-15-1987 MinutesCommission CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS JUNE 15, 1987 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, June 15, 1987, at four p.m. There were present: Mayor Stephen C. Ryan, Chairman presiding Commissioner Robert E. Frank Commissioner Vi Justus Commissioner Sydney S. Soderberg Commissioner Joseph A. Warner comprising a quorum of the Board, also present: Greg Bengtson, City Attorney D. L. Harrison, City Clerk Rufus L. Nye, City Manager Absent: None None CITIZEN FORUM AWARDS - PROCLAMATIONS None PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting June 8, 1987 (6.2) City Engineer reports on the validity of Petition Number 3937, filed by Gary Wagner for storm sewer system to drain the rear easement of Blocks 3 and 7, Replat of Faith Addition; and files a feasibility report for the improvements. (6.3) City Engineer reports on the validity of Petition Number 3938, filed by R. H. Zimmerman for street and utility improvements for certain lots in Blocks 33 and 34, Key Acres Second Addition; and files a feasibility report for the improvements. (6.4) City Engineer reports on the validity of Petition Number 3939, filed by Elly Ritter for street and utility improvements in Georgetown Addition and the Replat of Blocks 4, 10, 11, 12, Georgetown Addition; and files a feasibility report for the improvements. (6.5) Resolution 87-3898 determining the advisability of certain curbing, guttering, paving, grading, storm drainage, water main and services, and sanitary sewer improvements, estimating the cost thereof, defining the boundaries of the improvement district, method of assessment, and apportioning the cost between the improvement district and the city -at -large. (Wheatridge, Twin Oaks 11, Mayfair, Replat of Faith, Key Acres Second, Georgetown, Replat of Blocks 4, 10, 11, 12, Georgetown Addition). (6.6) Resolution 87-3899 requesting that the director of accounts and reports waive the requirements of law relating to the preparation of financial statements and financial reports pursuant to K.S.A. 1982 Supp. 75-1120a. (6.7) Application for Surety on Bail Bonds Agent license filed by L. Gene Hindman, 1213 Westchester Drive, agent for Ace Bonding, 712 South Ohio. (6.8) Authorize the Mayor to sign the assignment of lease from Larson Lumber Company, Inc. to Hughes Lumber. Commission 87-109 87-110 87-111 87-112 — 87-113 Moved by Commissioner Soderberg, seconded by Commissioner Warner that Item 6.8 be considered separately, and that all other items on the Consent Agenda be approved. Aye: (5) . Nay: (0) . Motion adopted. (6.8) Authorize the Mayor to sign the assignment of lease from Larson Lumber Company, Inc. to Hughes Lumber. Moved by Commissioner Soderberg, seconded by Commissioner Justus that the City Commission approve the assignment of lease from Larson Lumber Company, Inc. to Hughes Lumber and that the Mayor be authorized to sign upon the contingency that all owners signatures are in place before the Mayor signs. Aye: (5). Nay: (0). Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Zoning Application 87-1, filed by Realty Associates, Inc., for the rezoning of Lots 1, 13, 14, 15, 16, Block 3, Mayfair Addition to the City of Salina, Saline County, Kansas, to District 11C-1" be approved, subject to the replatting of the 5 lots. [Introduce Ordinance Number 87-9192 for first reading.] Robert L. Marietta, Attorney, 148 South Seventh, stated that there are restrictive covenants on this property and that the City shouldn't rezone the property because it will put the land owners in the position of having to go to court to protect their rights. Moved by Commissioner Warner, seconded by Commissioner Frank that the recommendation of the City Planning Commission be accepted and that Zoning Application 87-1, filed by Realty Associates, Inc., be approved subject to platting, and that Ordinance Number 87-9192 be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (7.2) Recommendation from the City Planning Commission that Planned Development District Application 87-2, filed by Gary and Elizabeth Harbin, et al, for the rezoning of Lots 1 through 9, inclusive, Block 1, Lots 1 through 4, inclusive, Block 2; Lots 1 through 5, inclusive, Block 3, all in Eastridge Addition, and Tracts 1 through 7, inclusive, Planned Development District, Lot 7, Block 3, Eastridge Addition to the City of Salina, Saline County, Kansas, to PDD be approved. [Introduce Ordinance Number 87-9193 for first reading.] Moved by Commissioner Justus, seconded by Commissioner Soderberg that the recommendation of the City Planning Commission be accepted and that Planned Development District Application 87-2, filed by Gary and Elizabeth Harbin, et al, be approved for the rezoning of Lots 1 through 9, inclusive, Block 1, Lots 1 through 4, inclusive, Block 2; Lots 1 through 5, inclusive, Block 3, all in Eastridge Addition, and Tracts 1 through 7, inclusive, Planned Development District, Lot 7, Block 3, Eastridge Addition to the City of Salina, Saline County, Kansas, be approved and that Ordinance Number 87-9193 be introduced for first reading with an amendment in Section 6 which shall read ... "All maintenance of the right-of-way and street surface shall be the responsibility of the homeowner's association. No private ...". Aye: (5). Nay: (0) . Motion adopted. ADMINISTRATION (8.1) Second Reading Ordinance Number 87-9191 levying special assessment on certain lots, pieces and parcels of ground in the City of Salina, Kansas, for improvements in the Downtown Redevelopment Project [Engineering Project 86-740] Moved by Commissioner Frank, seconded by Commissioner Warner that Ordinance Number 87-9191 levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas, for the purpose of paying a portion of the cost of the acquisition and improvement of property for approximately two hundred ninety to three hundred fifty off-street parking spaces; acquisition of property and construction of arcades and crosswalks; improvement of streets and other facilities by landscaping and weather shelters and relocation and burial of utilities, be adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5). Nay: (0). Motion adopted. (8.2) Reconsider a request by Helen Shamburg, 2348 South Ohio, for a permit to keep riding horses inside the city limits at 1712 East Cloud. [This request was tabled for one week on June 8, 19871 Commission 87-114 87-115 87-116 87-117 Moved by Commissioner Soderberg, seconded by Commissioner Justus that the request by Helen Shamburg for a permit to keep riding horses inside the city limits at 1712 East Cloud be removed from the table to be considered. Aye: (5). Nay: (0). Motion adopted. Moved by Commissioner Soderberg, seconded by Commissioner Justus that the request by Helen Shamburg to keep riding horses be denied. Aye: (5). Nay: (0). Motion adopted. Helen Shamburg stated that Larry Shamburg, 2348 South Ohio, has filed an application to keep riding horses at the same location. She wants to know when the City Commission will act on his request. She was told it will be considered at the next Commission meeting. Jess B. Harper, 1706 East Cloud, asked how many times they could keep filing a request to keep horses? He stated that he still protests. (8.3) Authorize the Mayor to sign an agreement between the Salina Art Center, Inc. and the City of Salina, for utilities, janitor services and maintenance of the Art Center at 243 South Santa Fe. Moved by Commissioner Frank, seconded by Commissioner Warner that the Mayor be authorized to sign an agreement between the Salina Art Center, Inc. and the City of Salina, for utilities, janitor services and maintenance of the Art Center at 243 South Santa Fe. Aye: Frank, Justus, Warner, Ryan (4) . Nay: (0). Commissioner Soderberg abstained. Motion adopted. OTHER BUSINESS The Mayor, with the approval of the Board of Commissioners, made the following appointment: Library Board Carol Viar, 2357 Kensington Road, appointed to fill the unexpired term of Marie Draemel to April 30, 1989. ADJOURNMENT Moved by Commissioner Soderberg, seconded by Commissioner Frank that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion adopted. The meeting adjourned at 4:17 p.m. [ SEAL] ATTEST: D. L. Harrison, City Clerk Stephen C. Ryan,ayor