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06-07-1982 Minutes45 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS JUNE 7, 1982 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, June 7, 1982, at four o'clock p.m. There were present: Mayor Keith G. Duckers, Chairman presiding Commissioner John F. Burgess Commissioner Merle A. Hodges comprising a quorum of the Board, also present: L..O. Bengtson, City Attorney D. L. Harrison, City Clerk Rufus L. Nye, City Manager Absent: Commissioner Karen M. Graves Commissioner Charles B. Roth None CITIZEN FORUM AWARDS - PROCLAMATIONS Mayor Duckers read a prepared statement: "TO WHOM IT MAY CONCERN: "The present effort to recall our fellow Commissioners, John Burgess and Charles Roth, prompts concern on our part. We are concerned about the misuse of the recall. "Certainly, the recall of elected officials provides an important recourse if elected officials do not properly perform their,duties. There are certain cases where public officials may properly be recalled, such as cases of dishonesty or malfeasance in office. "Unfortunately, the recall of our fellow Commissioners is led by one citizen who is dissatisfied with one vote by the Commission. "We did not vote the same on the issue which started the recall. But we are certain that each of the City Commissioners, including Mr. Burgess and Mr. Roth, considered this matter carefully. We studied the relevant facts, considered the alternative actions and voted in what we thought were the best interests of the entire City. "The recall effort does not in any way reflect upon Mr. Burgess or Mr. Roth as your elected City Commissioners. They did their job properly and adequately. The recall should not be used as a weapon to threaten elected officials who are performing their duties in a responsible, responsive and compassionate manner. "We would urge our fellow Salinans not to aid in this misuse of an important democratic process." /S/ Keith G. Duckers /S/ Merle A. Hodges, M.D. (4.1) The Mayor and Kansas Technical Institute representative presented certificates to 21 municipal employees for the completion of a 2 credit hour KTI First Line Management Course. (4.2) The Mayor presented plaques of appreciation to past board and commission members: N. B. Butcher, Salina Airport Authority; Betty Metz., Board of Zoning Appeals; Sherry Denton, Ken Short, Glorine Shelton, City Planning Commission. 46 PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) City Manager held a public hearing on the proposed use of Revenue Sharing Funds for the 14th Entitlement Period. Doris Ann Brinegar, Director of Little House Adult Learning Center, requested $3,000 for the calendar year of 1983• Geraldine Briscoe, Martin Luther King Child Care Center, requested $25,000 for a summer program for pre-school children. The public hearing was closed. CONSENT AGENDA (6.1) Approve the minutes of the Regular Meeting May 24, 1982. (6.2) City Engineer reports on bids received May 27, 1982 for a new roof on Fire Station Number 2. (6.3) Recommendation from the City Planning Commission that certain changes be incorporated into the Land Use Plan for the City of Salina. 82-86 Moved by Commissioner Hodges, seconded by Commissioner Burgess that all items on the Consent Agenda be approved. Aye: (3). Nay: (0). Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Zoning Application 82-2, filed by Wally Storey, Jr., for the rezoning of 1.2 acres of unplatted property lying west of North 13th and north of Woodland to District "1-2" (Light 82-87 Industrial District) be approved, subject to platting. Moved by Commissioner Hodges, seconded by Commissioner Burgess that the recommendation of the City Planning Commission be accepted and that Ordinance Number 82-8911, 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, be introduced for first reading. Aye: (3). Nay: (0). Motion adopted. (7.2) Recommendation from the City Planning Commission that Zoning Application 82-3, filed by Salina Transit Company, for the rezoning of Lot 6, Block 28, Reimold's Military Replat be rezoned to "C-5" (Service Commercial District) be approved. 82-88 Moved by Commissioner Burgess, seconded by Commissioner Hodges, that the recommendation of the City Planning Commission be accepted and that Ordinance Number 82-8912, 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, be introduced for first reading. Aye: (3). Nay: (0). Motion adopted. (7.3) Recommendation from the City Planning Commission that Planned Developmen District Application 82-1, filed by Mary Brown, et al, for The River Place, be approved. 82-89 Moved by Commissioner Hodges, seconded by Commissioner Burgess, that the recommendation of the City Planning Commission be accepted and that Ordinance Number 82-8913, 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, be introduced for first reading. Aye: (3). Nay: (0). Motion adopted. 82-92 1 47 ADMINISTRATION (8.1) Second Reading Ordinance Number 82-8910, levying a city gross earnings tax on intangibles for the year 1982. Moved by Commissioner Hodges, seconded by Commissioner Burgess that Ordinance Number 82-8910, levying a city gross earnings tax on intangibles for the year 1982, be adopted. Aye: Hodges, Duckers (2). Nay: Burgess (1). Motion defeated. (8.2) Resolution Number 82-3589 directing the City Engineer to prepare a feasibility report for Crawford Street improvements. (Crawford Street from 360' West of the centerline of Ohio Street to 360' East of the centerline of Marymount Road) Moved by Commissioner Burgess, seconded by Commissioner Hodges, that Resolution Number 82-3589, directing the City Engineer to prepare a feasibility report relative to the advisability of the installation of certain street improvements in the City of Salina, Kansas, be adopted. Aye: (3). Nay: (0). Motion adopted. (8.3) Resolution Number 82-3590 directing the City Engineer to prepare a feasibility report for Cherokee Street improvements. (Cherokee Street from Republic to Cloud Streets) Moved by Commissioner Hodges, seconded by Commissioner Burgess that Resolution Number 82-3590, directing the City Engineer to prepare a feasibility report relative to the advisability of the installation of certain street improvements within the City of Salina, Kansas, be adopted. Mrs. Lauren Burkhead, 1012 Apache, and other residents were present to protest the tearing up of the old street. They don't want to pay for the paving of a new street. They suggested the street be vacated. They complained that the city grades the. street too much and wishes they would leave it rough, maybe no one would use it. The Mayor called for a vote on Commission Action -82-92. Aye: (3). Nay: (0). Motion adopted. Dr. Hodges was called away on an emergency at 5:40 p.m., and a quorum is no longer present. (8.4) Report from the City Engineer on Petition Number 3833, filed by Merle Youngland for the vacation of an alley between Brown Welding Supply and Everett Lumber Company. No action taken. (8.5).. Request from Kinder -Care Learning Centers, Inc. for $350,000 Industrial Revenue Bonds. No action taken. (SEAL) ATTEST: e� t u- +_ D. L. Harrison, City Clerk Keith G. Duckers, Mayor 1 F1 REOUEST FOR SPECIAL MEETING OF THE BOARD OF COMMISSIONERS We, the undersigned, being duly elected, qualified and acting City Commissioners of the City of Salina, Kansas, do hereby request a special meeting of the Board of Commissioners of the City of Salina, Kansas, be held on the 9th day of June, 1982, at 12:30 P.M. for the following purposes, to -wit: (1) Reconsideration of the ''Second Reading of Ordinance Number 82-8910 which provides for levying a city gross earnings tax on intangibles for the year 1982'' (2) Consideration of request from Kinder -Care Learning Centers, Inc. for $350,000 Revenue Bonds. Dated this 8th day of June, 1982. ,_ 1 RpTy /s our of Town! Commissioners A Y NOTICE OF SPECIAL MEETING OF THE BOARD OF COMMISSIONERS I To: Commissioner Merle A. Hodges, M.D. You are hereby notified that pursuant to a request signed by the majority of the members of the Board of Commissioners of the City of Salina, Kansas, a special meeting of the Board of Commissioners of the City of Salina, Kansas, will be held on the 9th day of June, 1982, at 12:30 P.M. of said day, in the Commissioners Room at the City -County Building for the purpose of consideration and voting upon the following: (1) Reconsideration of the ''Second Reading of Ordinance Number 82-8910 which provides for levying a city gross earnings tax on intangibles for the year 1982''. (2) Consideration of request from Kinder -Care Learning Centers, Inc. for $350,000 Revenue Bonds. Dated this 8th day of June, 1982. D. L. Harrison, City Clerk CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that a true and correct copy of the above notice was served on Commissioner Merle A. Hodges, M.D., (by serving a copy upon him personally) or (by leaving a copy at his usual place of residence) and that the same was served on the _ day of June, 1982, at 1, 2 91 L o'clock P.M., which said time was at least two hours prior to the time stated in the Notice for such meeting. Dated this day of June, 1982. /72xaA_d_ A p� 9 NOTICE OF SPECIAL MEETING OF THE BOARD OF COMMISSIONERS To: Mayor Keith G. Duckers You are hereby notified that pursuant to a request signed by the majority of the members of the Board of Commissioners of the City of Salina, Kansas, a special meeting of the Board of Commissioners of the City of Salina, Kansas, will be held on the 9th day of June, 1982, at 12:30 P.M. of said day, in the Commissioners Room at the City -County Building for the purpose of consideration and voting upon the following: (1) Reconsideration of the "Second Reading of Ordinance II Number 82-8910 which provides for levying a city gross earnings tax on intangibles for the year 1982". (2) Consideration of request from Kinder -Care Learning Centers, Inc. for $350,000 Revenue Bonds. Dated this 8th day of June, 1982. D. L. Harrison, City Clerk CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that a true and correct copy of the above notice was served on Mayor Keith G. Duckers (by serving a copy upon him personally) or (by leaving a copy at his usual place of residence) and that the same was served on the _ day of June, 1982, at i 7 2- o'clock E.M., which said time was at least two hours prior to the time stated in the Notice for such meeting. Dated this day of June, 1982. NOTICE OF SPECIAL MEETING OF THE BOARD OF COMMISSIONERS To: Commissioner John F. Burgess You are -hereby notified that pursuant to a request signed by the majority of the members of the Board of Commissioners of the City of Salina, Kansas, a special meeting of the Board of Commissioners of the City of Salina, Kansas, will be held on the 9th day of June, 1982, at 12:30 P.M. of said day, in the Commissioners Room at the City -County Building for the purpose of consideration and voting upon the following: (1) Reconsideration of the "Second Reading of Ordinance Number 82-8910 which provides for levying a city gross earnings tax on intangibles for the year 1982" (2) Consideration of request from Kinder -Care Learning Centers, Inc. for $350,000 Revenue Bonds. Dated this 8th day of June, 1982. D. L. Harrison, City Clerk CERTIFICATE OF SERVICE , the undersigned, do hereby certify that a true and correct copy of the above notice was served on Commissioner John F. Burgess (by serving a copy upon him perso_ n, aly) or (by leaving a copy at his usual place ofresidence) and that the same was served on the day of June, 1982, at 15-.1 0/ o'clock P—.M., which said time was at least two hours prior to the time stated in the Notice for such meeting. Dated this day of June, 1982. NOTICE OF SPECIAL MEETING OF THE BOARD OF COMMISSIONERS To: Commissioner Karen M. Graves You are hereby notified that pursuant to a request signed by the majority of the members of the Board of Commissioners of the City of Salina, Kansas, a special meeting of the Board of Commissioners of the City of Salina, Kansas, will be held on the 9th day of June, 1982, at 12:30 P.M. of said day, in the Commissioners Room at the City -County Building for the purpose of consideration and voting upon the following: (1) Reconsideration of the "Second Reading of Ordinance Number 82-8910 which provides for levying a city gross earnings tax on intangibles for the year 1982" (2) Consideration of request from Kinder -Care Learning Centers, Inc. for $350,000 Revenue Bonds. Dated this 8th day of June, 1982. Gee"' D. L. Harrison, City Clerk CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that a true and correct copy of the above notice was served on Commissioner Karen M. Graves (by serving a copy upon her personally) or (by leaving a copy at her usual place of residence) and that the same was served on the day of June, 1982, at S o'clock E.M., which said time was at least two hours prior to the time stated in the Notice for such meeting. Dated this day of June, 1982. NOTICE OF SPECIAL MEETING OF THE BOARD OF COMMISSIONERS To: Commissioner Charles B. Roth You are hereby notified that pursuant to a request signed by the majority of the members of the Board of Commissioners of the City of Salina, Kansas, a special meeting of the Board of Commissioners of the City of Salina, Kansas, will be held on the 9th day of June, 1982, at 12:30 P.M. of said day, in the Commissioners Room at the City -County Building for the purpose of consideration and voting upon the following: (1) Reconsideration of the "Second Reading of Ordinance Number 82-8910 which provides for levying a city gross earnings tax on intangibles for the year 1982". (2) Consideration of request from Kinder -Care Learning Centers, Inc. for $350,000 Revenue Bonds. Dated this 8th day of June, 1982. D. L. Harrison, City Clerk CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that a true and correct copy of the above notice was served on Commissioner Charles B. Roth (by serving a copy upon him personally) or (by leaving a copy at his usual place of/resid a )_ and that the same was served on the day of June, 1982, at (o .(�� o'clock F_ M., which said time was at least two hours prior to the time stated in the Notice for such meeting. Dated this day of.June, 1982. ILL �� Ou-r or T©ulN ALL WE&Z .