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12-06-1982 Minutes101 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS DECEMBER 6, 1982 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commissioners Room, City -County Building on Monday, December 6, 1982, at four o'clock p.m. There were present: Acting Mayor John F. Burgess, Chairman presiding Commissioner Karen M, Graves Commissioner Merle A. Hodges Commissioner Charles B. Roth comprising a quorum of the Board, also present: L. 0. Bengtson, City Attorney D, L, Harrison, City Clerk Rufus L. Nye, City Manager Absent: Mayor Keith G. Duckers CITIZEN FORUM None AWARDS - PROCLAMATIONS (4.1) The Mayor presented plaques of appreciation to past board and commission members: Sheldon Burr, Board of Building Appeals; Earl Caldwell, Board of Plumbing Appeals; Phil Weaver, Citizens' Advisory Committee; Dave Knudson, Electrical Code Panel; Opal Dieckhoff, Mary Jarvis, and Wanda McMullin, Heritage Commission. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting November 22, 1982. (6.2) Resolution Number 82-3625 - determining that the bid of Brown & Brown, Inc. is acceptable and authorizing the Secretary of Transportation to execute the necessary contracts for the completion of this project. (East Crawford Street improvements from Ohio Street to Marymount Road). (6.3) Resolution Number 82-3626 - authorizing the City Manager to execute the funding approval for Comprehensive Small Cities Community Development Block Grant Funds. 82-250II Moved by Commissioner Graves, seconded by Commissioner Hodges that all Mems on the Consent Agenda be approved. Aye: (4). Nay: (0). Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Zoning Application 78-19, filed by Roy Presley for the rezoning of Lots 1, 2, and 3, Block 6, Country Club Estates Addition Number 3, be denied. 82-251 Moved by Commissioner Hodges, seconded by Commissioner Graves that the recommendation of the City Planning Commission be accepted, and that Zoning Application 78-19 be denied. Aye: (4). Nay: (0). Motion adopted. L02 (7.2) Recommendation from the City Planning Commission that Planned Developmen District Application 79-1A, filed by M.K. Development Company for Wheatridge Addition be denied, and the Ordinance Number 8711 be amended to remove Wheatridge Addition as a planned development district. 82-252 Moved by Commissioner Roth, seconded by Commissioner Hodges that the recommendation of the City Planning Commission be accepted and that Ordinance Number 82-8949 providing for the rezoning of Wheatridge Addition from P.D.D. to R-1; amending Ordinance Number 8711, be introduced for first reading. Aye: (4). Nay: (0), Motion adopted. (7.3) Recommendation from the City Planning Commission that the City Commissio extend the tentative approval granted in Ordinance Number 81-8846 `or one year, for a tract of land in the NE/4 of Section 35-14-3, requested in Zoning Applicatio 81-1, filed by Lambertz and Associates. 82-253 Moved by Commissioner Graves, seconded by Commissioner Roth that the recommendation of the City Planning Commission be accepted and that Lambertz and Associates be granted a one year extension on Zoning Application 81-1. Aye: (4). Nay: (0). Motion adopted. ADMINISTRATION (8.1) Protest Petition Number 3843, filed by property owners within 200 feet of Lots 1 through 10, Block 8, Belmont Addition, requested to be rezoned in Zoning Application 82-12, filed by Wally Storey, Jr. [Planning Department calculated the protest petition represents 7.8% of the eligible protest area. 20% is needed to require a 4/5 vote on the rezoning.] (8.2) Second Reading Ordinance Number 82-8948, providing for the rezoning of Lots 1 through 10, Block 8, Belmont Addition to District "C-211, Neighborhood Shopping District. [Zoning Application 82-12, filed by Wally Storey, Jr.] Greg Bengtson, Attorney for the petitioner, said Mr. Graves was present and they were prepared to answer any questions the Commission might have. Jerry Duran, 2056 Lewis, said he just wanted to remind the Commission that the zoning on the vacant lots is coming up and this will affect the drainage in the area. 82-254 Moved by Commissioner Hodges, seconded by Commissioner Roth that Ordinance Number 82-8948, 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 adopted. Aye: Hodges, Roth, Burgess (3). Nay: (0), Commissioner Graves abstained. Motion adopted. (8.3) First Reading Ordinance Number 82-8950 prescribing the corporate limits of the City of Salina, Kansas, including land described in Ordinance Numbers 82-8895 and 82-8940, and repealing Ordinance Number 81-8892. 82-255 Moved by Commissioner Graves, seconded by Commissioner Hodges that Ordinance Number 82-8950, prescribing the corporate limits of the City of Salina, Kansas, including land described in Ordinance Numbers 82-8895 and 82-8940, and repealing Ordinance Number 81-8892, be introduced for first reading. Aye: (4). Nay: (0). Motion adopted. (8.4) First Reading Ordinance Number 82-8951 providing for the issuance of $400,000 Industrial Revenue Bonds for Harry J. Jett, D.D.S. 82-256 Moved by Commissioner Roth, seconded by Commissioner Hodges that Ordinance Number 82-8951 authorizing the City of Salina, Kansas, to acquire the facility hereinafter described and to construct and purchase buildings, improvemen s, and equipment to be leased to Harry J. Jett, D.D.S. ("Dr. Jett"), authorizing and directing the issuance of $400,000 principal amount of Harry J. Jett, D.D.S., Revenue Bonds, Series of 1982, of said City for the purpose of providing funds to pay the cost of acquiring the facility hereinafter described and to construct and purchase buildings, improvements, and equipment to be leased to Dr. Jett, and prescribing the form and authorizing the execution of a lease by and between said City and Dr. Jett, be introduced for first reading. Aye: (3). Nay: (0)• Commissioner Graves abstained. Motion adopted. C 82-257 I r 82-258 i 82-259 1 1 B-5) Request for $1,450,000.00 Industrial Revenue Bonds, filed by Mowery linic Building, Inc. Moved by Commissioner Graves, seconded by Commissioner Hodges that the ommission recess into executive session to discuss the possible issuance of ndustrial Revenue Bonds and litigation that has been filed against the city, for of to exceed 30 minutes. Aye: (4). Nay: (0). Motion adopted. The Commission recessed at 4:16 p.m. and reconvened at 4:48 p.m. Moved by Commissioner Roth, seconded by Commissioner Hodges that the ;ity Clerk be instructed to publish a Notice of Intent to issue $1,450,000 Industrial Revenue Bonds for Mowery Clinic Building, Inc. and set December 20, 1982 at 4:00 p.m. for public hearing. Aye: Hodges, Roth, Burgess (3)• Nay: craves (1). Motion adopted. Moved by Commissioner Roth, seconded by Commissioner Hodges that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion adopted. The meeting adjourned at 4:50 p.m. (SEAL) ATTEST: D. L, Harrison, City Clerk cl— Keith G. Duckers, Mayor