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10-21-1985 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS OCTOBER 21, 1985 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City-County Building, on Monday, October 21, 1985, at four p.m. There were present: Acting Mayor Joseph M. Ritter, Chairman presiding Commissioner John F. Burgess Commissioner Stephen C. Ryan Commissioner Sydney S. Soderberg comprising a quorum of the Board, also present: L. O. Bengtson, City Attorney D. L. Harrison, City Clerk Rufus L. Nye, City Manager Absent: Mayor Merle A. Hodges CITIZEN FORUM None AWARDS - PROCLAMATIONS (4.1) The Mayor presented service awards to City Employees with 10 and 25 years of service. (4.2) The Mayor presented plaques of appreciation to past board and __ commission members, John W. Poos, Business Improvement District Number 1 Advisory Board; Virg Lundberg, Board of Electrical Examiners; Jerry Dyck, Human Relations Commission. (4.3) The Mayor proclaimed the Week of October 20 through 26, 1985 - "NATIONAL BUSINESS WOMEN'S WEEK". The proclamation was read by Gayle Graham, President of the Salina Business and Professional Women. (4.4) The Mayor proclaimed Saturday, November 9, 1985 - "POPPY DAY". The proclamation was read by Ruth Dolezal, President, American Legion Auxiliary. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting October 7, 1985. (6.2) Petition Number 3918 - filed by Karen L. Hale for the vacation of the utility easement located in part of Blocks 3, 4 and 5 in the Replat of Schippel Addition to the City of Salina, Kansas. [Referred to the City Engineer for a recommendation ] (6.3) Report on bids received October 10, 1985 for Engineering Job 85-733 for roof repair on the Community Theatre. [Contract awarded to Jayhawk Roofing Company, Inc. for $27,177.] (6.4) Authorize the Mayor to sign a lease agreement between the City of Salina and Unified School District 305 for real estate located in Sections 20 and 29, Township 14 South, Range 2 West (South end of Airport Park). (6.5) Authorize the Mayor to sign a contract between the City and the Shaver Partnership for architectural engineering services for new and existing ~arking lots. 85-233 Moved by Commissioner Soderberg, seconded by Commissioner Ryan that all items on the consent agenda be approved. Aye: (4). Nay: (0). Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation by the City Planning Commission that Miscellaneous Application 85-10 and Petition Number 3915, filed by Hixson and Lehenbauer, requesting acceptance by the City of Salina of a dedicated street to be named Atkinson Street, to be located generally north of Hixon Drive, northwest of Broadway Boulevard and south and east of Dry Creek, be denied. 85-234 Moved by Commissioner Soderberg, seconded by Commissioner Burgess that the recommendation of the City Planning Commission be accepted and that Miscellaneous Application 85-10 and Petition Number 3915 be denied. Aye: (4). Nay: (0). Motion adopted. (7.2) Recommendation by the City Planning Commission that Annexation Application 85-2, filed by Dorris E. Winslow, Dorothy A. Winslow, First National Bank and Trust Company, Trustees of Anna M. DeBold Trust, requesting annexation of approximately 39.75 acres of land in the NE¼ of the NW¼ of Section 1, Township 15 South, Range 3 West of the 6th Principal Meridian in Saline County, Kansas, be approved. (Introduce Ordinance Number 85-9103 for first reading. ) Frank Caywood, owner of land adjacent to the proposed tract to be annexed, said he has no objection to the annexation as long as storm drainage meets the requirements for a 100 year flood and the storm water from this tract is retained on this property. 85-235 Moved by Commissioner Soderberg, seconded by Commissioner Burgess that Annexation Application 85-2, filed by Dorris E. Winslow, Dorothy A. Winslow, First National Bank and Trust Company, Trustees of Anna M. DeBold Trust be tabled until November 18, 1985 so a cost / benefit to the City report can be prepared by the staff. Aye: (4). Nay: (0). Motion adopted. (7.3) Recommendation by the City Planning Commission that Planned Development District Application PDD85-3, filed by T and G, Inc. requesting rezoning of a tract of land from A-1 (Agricultural District) to PDD (Planned Development District), be approved. (Introduce Ordinance Number 85-9104 for first reading.) 85-236 Moved by Commissioner Soderberg, seconded by Commissioner Burgess that Planned Development District Application 85-3, filed by T and G, Inc. be tabled until November 18, 1985. Aye: (4). Nay: (0). Motion adopted. (7.4) Recommendation by the City Planning Commission that Zoning Application 85-13, filed by Southwestern Bell Telephone Company, requesting rezoning of the East 37' of the South 187' of Lot 3 and the West 43' of the South 187' of Lot 4, Neely's Addition to the City of Salina, Kansas, from R-3 (Multiple-Family Residential) District to C-2 (Neighborhood Shopping) District, be approved. (Introduce Ordinance Number 85-9105 for first reading.) 85-237 Moved by Commissioner Burgess, seconded by Commissioner Ryan that the recommendation of the City Planning Commission be accepted and that Zoning Application 85-13 be approved and that Ordinance Number 85-9105, providing for the amendment of Ordinance Number 8526, the same being Chapter 42 of the Salina Code, and the Zoning District Map therein and thereby adopted and ~roviding for the rezoning of certain property within the city and prescribing the proper uses thereof, be introduced for first reading. Aye: (4). Nay: (0). Motion adopted. (7.5) Recommendation by the City Planning Commission that Miscellaneous Application 85-8, referred to the Salina City Planning Commission from the Development Advisory Committee, recommending adoption of a policy requiring maintenance of private driveway approaches by owners of property served by said approaches, be approved. (Introduce Ordinance Number 85-9106 for first reading. ) 85-238 Moved by Commissioner Burgess, seconded by Commissioner Ryan that the recommendation of the City Planning Commission be accepted and that Miscellaneous Application 85-8, be approved and that Ordinance Number 85-9106 pertaining to maintenance required; removal and reconstruction of driveway approach and recessed parking; amending Section 35-126 of the Salina Code, and repealing the existing section, be introduced for first reading. Aye: (4). Nay: (0). Motion adopted. ADMINISTRATION (8.1) Second Reading Ordinance Number 85-9101 - authorizing and directing the issuance, sale and delivery of $8,115,000 principal amount of general obligation refunding bonds, Series 1985, of the City of Salina, Kansas, to be used for the purpose of providing funds, together with other funds which are or will become available, to refund $9,430,000 principal amount of outstanding general obligation bonds of the City; prescribing the form and details of said bonds; providing for the levy and collection of the necessary assessments and taxes for the purpose of paying the principal and interest on said bonds; authorizing an escrow trust agreement between the City and First National Bank and Trust Company of Salina, Salina, Kansas; and authorizing an agreement between the City and the Bond Registrar. 85-239 Moved by Commissioner Soderberg, seconded by Commissioner Burgess that Ordinance Number 85-9101 authorizing and directing the issuance, sale and delivery of $8,115,000 principal amount of general obligation refunding bonds, Series 1985, of the City of Salina, Kansas, to be used for the purpose of providing funds, together with other funds which are or will become available, to refund $9,430,000 principal amount of outstanding general obligation bonds of the City; prescribing the form and details of said bonds; providing for the levy and collection of the necessary assessments and taxes for the purpose of paying the principal and interest on said bonds; authorizing an escrow trust agreement between the City and First National Bank and Trust Company of Salina, Salina, Kansas; and authorizing an agreement between the City and the Bond Registrar, be adopted. Aye: Burgess, Ryan, Soderberg, Ritter (4). Nay: (0). Mayor Hodges absent. Motion adopted. (8.2) Second Reading Ordinance Number 85-9102 - providing for the amendment of Ordinance Number 8526, the same being Chapter 42 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. [Z85-12, filed by Development Consultants, Inc.] 85-240 Moved by Commissioner Burgess, seconded by Commissioner Ryan that Ordinance Number 85-9102, providing for the amendment of Ordinance Number 8526, the same being Chapter 42 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, be adopted. Aye: Burgess, Ryan, Soderberg, Ritter (4). Nay: (0). Mayor Hodges absent. Motion adopted. (8.3) Resolution Number 85-3812 - approving certain rules and regulations for the operation of the Salina Bicentennial Center. 85-241 Moved by Commissioner Soderberg, seconded by Commissioner Burgess that Resolution Number 85-3812, approving certain rules and regulations for the operation of the Salina Bicentennial Center, be adopted. Aye: (4). Nay: (0). Motion adopted. (8.4) Report from the City Engineer on a request filed by O. J. Cooper for the closing of Smoky Hill Drive at Columbia Avenue to alleviate a severe dust leto on this street. (8.4a) Introduce for First Reading Ordinance Number 85-9107 - providing for the vacation of a portion of Smoky Hill Drive between Penn Avenue and Kansas Avenue. 85-242 Moved by Commissioner Burgess, seconded by Commissioner Ryan that the recommendation of the City Engineer not be accepted and that the street not be closed. Aye: Burgess, Ryan, Ritter (3). Nay: Soderberg (1). Motion adopted. 85-243 Moved by Commissioner Soderberg that Ordinance Number 85-9107 providing for the closing of a portion of Smoky Hill Drive between Penn Avenue and Kansas Avenue for one year, be adopted. Motion died for the lack of a second. ADJOURNMENT Moved by Commissioner Burgess, seconded by Commissioner Ryan that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay.' (0). Motion adopted. The meeting adjourned at 4:25 p.m. Merle A. Hodges, M.D., Mayor [SEAL] ATTEST: D. L. Harrison, City Clerk