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09-16-1985 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS SEPTEMBER 16, 1985 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City-County Building, on Monday, September 16, 1985, at four p.m. There were present: Mayor Merle A. Hodges, Chairman presiding Commissioner John F. Burgess Commissioner Joseph M. Ritter 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: None CITIZEN FORUM None AWARDS- PROCLAMATIONS (4.1) The Mayor proclaimed the Week of September 19 through 21, 1985 - "BIG BROTHERS / BIG SISTERS WEEK". The proclamation was read by Tim McHenry, Executive Director. (4.2) The Mayor proclaimed the Week of September 23 through 27, 1985 - "1 CARE WEEK". The proclamation was read by Ann Gafford, President of the Citizens Coalition on Drug and Alcohol Abuse. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting September 9, 1985. (6.2) City Engineer reports on the sufficiency of Petition Number 3914, filed by Brown Mackie Corporation for curbing, guttering, paving, grading Foxboro Drive to serve all lots in the proposed Wheatridge Addition, and files a feasibility report on the improvements. (6.3) Authorize the Mayor to sign a water connection agreement outside the city limits with CAVL of Kansas, Inc. (Old Highway 40) (6.4) Report on bids received September 13, 1985 for Engineering Project 85-732) for certain HVAC revisions at the Bicentennial Center. [Contract awarded to General Air Conditioning and Electrical Company, Inc. for $51,168.00] 85-201 Moved by Commissioner Ritter, seconded by Commissioner Ryan that all items on the Consent Agenda be approved. Aye: (5). Nay: (0). Motion adopted o DEVELOPMENT BUSINESS (7.1) Recommendation by the City Planning Commission that Zoning Application 85-11, filed by Lawrence Triplett, for the rezoning of the West 9.6 acres of Lot 1, Block 1, Kessler Addition to District C-6, be approved. (Introduce Ordinance Number 85-9097 for first reading.) 85-202 Moved by Commissioner Burgess, seconded by Commissioner Soderberg, that the recommendation of the City Planning Commission be accepted and that Zoning Application 85-11 be approved, and that Ordinance Number 85-9097, 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 introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (7.2) Recommendation by the City Planning Commission that Annexation Application A85-2, filed by Dorris E. Winslow, Dorothy A. Winslow, First National Bank and Trust Company, trusteen of Anna M. DeBold Trust, be referred to the Board of County Commissioners for a hearing and recommendation on the annexation of approximately 39.75 acres in the NE¼ of the NW¼ Section 1, Township 15 South, Range 3 West. (7.2a) Resolution Number 85-3806, requesting the Board of County Commissioners to make findings of a noncontiguous annexation. 85-203 Moved by Commissioner Soderberg, seconded by Commissioner Ryan, that the recommendation of the City Planning Commission be accepted and that Resolution Number 85-3806, requesting the Board of County Commissioners to make findings of a nontontiguous annexation, be adopted. Aye: (5). Nay: (0). Motion adopted. ADMINISTRATION (8.1) Second Reading Ordinance Number 85-9093 - 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 street improvements in Crawford Street, from Marymount Road to the east city limits. 85-204 Moved by Commissioner Burgess, seconded by Commissioner Ritter that Ordinance Number 85-9093, levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas for the purpose of paying a portion a of the cost of street improvements in Crawford Street, from Marymount Road to the east city limits, be adopted. Aye: Burgess, Ritter, Ryan, Soderberg, Hodges (5). Nay: (0). Motion adopted. (8.2) Second Reading Ordinance Number 85-9094 - 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. [Zoning Application 85-9, filed by Thomas Taylor for the rezoning of Lot 27, Hazelwood Addition to District C-1.] 85-205 Moved by Commissioner Ritter, seconded by Commissioner Ryan, that Ordinance Number 85-9094, 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, Ritter, Ryan Soderberg, Hodges (5). Nay: (0). Motion adopted. (8.3) Second Reading Ordinance Number 85-9095 - 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. [Planned Development District Application 85-2, filed by H. W. Steele for the rezoning of Lots 1 through 8, Block 9, Belmont Addition to District PDD] 85-206 Moved by Commissioner Burgess, seconded by Commissioner Soderberg, that Ordinance Number 85-9095, providing for the amendment of Ordinance Number 8526, the same loeing 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, Ritter, Ryan Soderberg, Hodges (5). Nay: (0). Motion adopted. (8.4) Second Reading Ordinance Number 85-9096 - providing for the vacation of YMCA Drive in Westbend Addition to the City of Salina, Saline County, Kansas. 85-207 Moved by Commissioner Ritter, seconded by Commissioner Ryan that Ordinance Number 85-9096, providing for the vacation of YMCA Drive in Westbend Addition to the City of Salina, Saline County, Kansas, be adopted. Aye: Burgess, Ritter, Ryan, Soderberg, Hodges (5). Nay: (0). Motion adopted. (8.5) First Reading Ordinance Number 85-9098 - making it unlawful for any person under the legal age for consumption of cereal malt beverages to have possession of cereal malt beverages or for any person to sell or provide any cereal malt beverage to such person; amending Section 5-71 of the Salina Code and repealing the existeing section. 85-208 Moved by Commissioner Soderberg, seconded by Commissioner Burgess that Ordinance Number 85-9098, making it unlawful for any person under the legal age for consumption of cereal malt beverages to have possession of cereal malt beverages or for any person to sell or provide any cereal malt beverage to such person; amending Section 5-71 of the Salina Code and repealing the existing section, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (8.6) Consideration of the recommendation received from the Board of Advisors of the Business Improvement District Number 1 on property acquisition for parking and arcade improvements. D. Eo Watson, lawyer, with office in the Great Plains Building, stated his lease will expire in September of 1987. He said tearing down buildings is a loss of revenue for the City. He asked why not build multi-level parking lots on the ones the city owns. This should be voted on by the people of Salina. Richard Shelton, 616 Whittinghill, asked if the board has determined the cost of relocation of all the tenants? Dick Shelton, 211 Millview, asked how can you approve this today, if you don't know the estimate of the cost in burying the utility lines and what the arcades are to be like when completed. John Shaver, architect, stated their estimate to bury the utility lines is $1,750,000. The arcades will be open, with proper lighting and landscaping. 85-209 Moved by Commissioner Soderberg, seconded by Commissioner Burgess, that the recommendation of the Board of Advisors of the E~usiness Improvement District Number 1 be accepted concerning property acquisition for parking and arcade improvements and that Ordinance Number 85-9100, ordering the condemnation and appropriation of certain land in the City of Salina, Saline County, Kansas for the purpose of making improvements for the downtown business district project authorized by Resolution Number 85-3779, all in accordance with K.S.A. 13-1023, 13-1374, 13-1388 and amendments thereto and pursuant to the eminent domain procedures act, K.S.A. Chapter 26, and amendments thereto, as the same relates to condemnation by cities and further pursuant to Resolution Number 85-3788 of the City of Salina, Kansas, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (8.7) Request by Drury Place Partnership for $2,500,000 Multi-Family Housing Revenue Bonds. 85-210 Moved by Commissioner Ritter, seconded by Commissioner Ryan that the Board of Commissioners recess into executive session for 15 minutes to discuss the possible issuance of Multi-Family Housing Revenue Bonds. Aye: (5). Nay: (0). Motion adopted. ~ The Commission recessed at 4:35 p.m. and reconvened at 4:50 p.m. 85-211 Moved by Commissioner Ritter, seconded by Commissioner Ryan that the City Clerk be instructed to publish a notice of public hearing to be held October 7, 1985 at four o'clock. 85-212 Moved by Commissioner Burgess, seconded by Commissioner Ryan, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion adopted. The meeting adjourned at 4:51 p.m. Merle A. Hodges, I~I.D., Mayor [SEAL] ATTEST: D. L. Harrison, City Clerk