05-21-1979 Minutes2J
City of Salina, Kansas
Regular Meeting of the Board
Of Commissioners
May 21, 1979
The Regular Meeting of the Board of Commissioners met in the City
Commission Meeting Room, City -County Building, on Monday, May 21, 1979, at four
o'clock p.m.
The Mayor asked everyone to stand for the opening ceremony.
There were present:
Mayor Karen M. Graves, Chairman presiding
Commissioner Roy W. Allen
Commissioner Keith G. Duckers
Commissioner Dan S. Geis
Commissioner Merle A. Hodges
comprising a quorum of the Board, also:
L. 0. Bengtson, City Attorney
Rufus Nye, City Manager
M. E. Abbott, Acting City Clerk
Absent:
D. L. Harrison, City Clerk
printed. The Minutes of the Regular Meeting May 14, 1979, were approved as
THE MAYOR PROCLAIMED the week of May 28 through June 3, 1979 - "AMATEUR
RADIO WEEK". The proclamation was read by Jim McKim.
THE MAYOR PROCLAIMED the week of May 28 through June 3, 1979 - "SALINA
BICENTENNIAL CENTER WEEK", and June 1, 1979 - 'tBICENTENNIAL DAY". The proclamatil
was read by Mayor Graves.
STAFF AGENDA
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
authorizing the issuance of Internal Improvement Bonds of the City of Salina,
Kansas, in the sum of $1,286,000.00, to pay the cost of curbing, guttering,
paving, grading, sanitary sewer, storm sewer, water main, sewage pump station
and force main improvements in the City, to be designated as Series P-222." A
motion was made by Commissioner Geis, seconded by Commissioner Hodges, to adopt
the ordinance as read and the following vote was had: Ayes: Duckers, Geis,
Hodges, Allen, Graves (5). Nays: (0). Carried. The Mayor approved the
Ordinance and it is numbered 8714. The ordinance was introduced for first
reading May 14, 1979.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
authorizing the issuance of Park Improvement Bonds, Series PK,223, of the City
of Salina, Kansas, in the aggregate amount of $250,000.00 to pay the cost of
improving the public parks in said city.' A motion was made by Commissioner
Duckers, seconded by Commissioner Allen, to adopt the ordinance as read and the
following vote was had: Ayes: Duckers, Geis, Hodges, Allen, Graves (5). Nays:
(0). Carried. The Mayor approved the ordinance and it is numbered 8715. The
ordinance was introduced for first reading May 14, 1979.
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AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
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." (Zoning Application 79-8, filed by MK Development
Company for the rezoning of Hollybrooke Addition from R-1 to R-2 (Multiple
Family Residential District). A motion was made by Commissioner Duckers,
seconded by Commissioner Geis, to adopt the ordinance as read and the following
vote was had: Ayes: Duckers, Geis, Hodges, Allen, Graves (5). Nays: (0).
Carried. The Mayor approved the Ordinance and it is numbered 8716. The
ordinance was introduced for first reading April 2, 1979.
CONSIDERATION of an agreement with Jack Beverly, regarding the
annexation of Golden Acres Subdivision. (Tabled May 7, 1979)
A motion was made by Commissioner Duckers, seconded by Commissioner
Geis, to remove the agreement from the table for consideration. Ayes: (5).
Nays: (0). Motion carried.
Mr. Bengtson reviewed the background of the annexation hearing and how
the agreement was developed, and explained the only point of contention between
the Beverlys and the city is Section 2 of the proposed agreement. The agreement
is presently written so if any portion of the land is sold and/or developed, the
Property owner must request annexation. He explained that the Beverlys would
like the agreement to read that only the property sold and/or developed would be
annexed.
Mr. Jack Beverly, Jr. was present and asked the City Commissioners to
allow only the land sold and/or developed to be required to be annexed, so the
rest can be farmed until it is developed.
A motion was made by Commissioner Geis to approve the agreement as it
is written, that the land owner petition for annexation if any or all of the
Golden Acres Subdivision is developed or sold, and to authorize the mayor to
sign the agreement.
The motion died for the lack of a second.
A motion was made by Commissioner Duckers, seconded by Commissioner
Allen to amend Section 2 of the agreement to read, "In the event said tract or
any lot or parcel of portion thereof is proposed for sale, transfer, improvement,
development, or other change, from personal agricultural useage, then the land
owner shall petition for annexation to the city, of that portion of the Golden
Acres Subdivision which the land owner proposes to sell, transfer, improve, or
develop or otherwise change from personal agricultural useage and shall pursue
and process said petition expeditiously and said annexation shall be made a
condition precedent to the consumation of any sale, transfer, improvement,
development or change of useage within Golden Acres Subdivision," and to authorize
the Mayor to sign the amended agreement. Ayes: Allen, Duckers, Hodges, Graves
(4). Nays: Geis (1). Motion carried.
THE CITY ENGINEER reported on Petition Number 3758, filed by Max
McClintock for sanitary sewer, water service, and the curbing, guttering, paving
and grading of Tulane Avenue from Mercury Avenue to Saturn Avenue; Jupiter
Avenue from Hageman Avenue to Tulane Avenue; and Saturn Avenue from Hageman
Avenue to Tulane Avenue, that the petition contains signatures of property
owners owning 550 of the property within the benefit district and it is therefore
a valid petition. He recommended the city proceed to authorize the improvements
requested by the petitioners.
A motion was made by Commissioner Geis, seconded by Commissioner
Alen, to accept the recommendation of the City Engineer and approve Petition
Dumber 3758.
Mr. Nye asked that the motion include authorizing the city to proceed
pith the improvements.
A motion was made by Commissioner Duckers, seconded by Commissioner
Alen to amend the motion to include authorizing the city to proceed with the
mprovements. Ayes: (5). Nays: (0). Motion carried.
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Mayor Graves called for a vote on the amended motion to accept the
City Engineer's recommendation and approve Petition Number 3758, and authorize
the city to proceed with the improvements. Ayes: (5). Nays: (0). Motion
carried.
THE CITY ENGINEER reported on Petition Number 3760, filed by Edwin
Lowrey for the vacation of Morrison Avenue right-of-way between Montrose Street
and the Missouri Pacific Railroad tracks, that the request is to vacate a 115'
stub of right-of-way of Morrison Avenue that extends from Montrose Street west
to the Missouri Pacific Railroad right-of-way. Platting and existing construction
on the west side of the railroad will not allow Morrison Avenue to extend across
the tracks.
"The city has no utilities in this portion of Morrison Avenue and the
other utility companies also state that none of their facilities are located in
this area.
"The Planning Department concurs with our recommendation that the
above portion of Morrison Avenue be vacated."
A motion was made by Commissioner Hodges, seconded by Commissioner
Geis, to accept the recommendation of the City Engineer and approve Petition
Number 3760, and to introduce the vacating ordinance for first reading. Ayes:
(5). Nays: (0). Motion carried.
Ordinance Passed: Number:
THE COMMISSIONERS considered the sale of surplus park land, as
recommended by the Salina Park Advisory Board.
Mr. Bengtson explained that the city has clear title to four of the
tracts of land, and that the other three were acquired in condemnation proceedings
and that the city is in the process of trying to get a quit claim deed to those
parcels. He recommended the adoption of a resolution determining that certain
real estate is no longer needed by the City of Salina for park purposes and that
a sale thereof would be in the best interest of the city.
He recommended Section 4 of the proposed resolution be amended to
instruct the City Manager to proceed to sell the property if no valid protest
petition is received within 30 days from the date of the last publication of the
resolution.
A RESOLUTION was introduced and passed entitled: "A RESOLUTION
determining that certain real estate is no longer needed by the City of Salina
for park purposes and that a sale thereof would be in the best interest of the
city." A motion was made by Commissioner Allen, seconded by Commissioner Duckers,
to adopt the Resolution, with the amendment to Section 4. Ayes: Duckers, Geis,
Hodges, Allen, Graves (5). Nays: (0). Carried. The Mayor approved the Resolutic
as amended and it is numbered 3428.
PUBLIC AGENDA
A CEREAL MALT BEVERAGE license application was filed by the Salina
Bicentennial Center. (New application). The Acting City Clerk reported the
applicant has paid the proper fee and the application has been approved by the
Health Department, Zoning Officer and the Police Department. A motion was made
by Commissioner Hodges, seconded by Commissioner Duckers, to approve the license
application and authorize the City Clerk to issue the license. Ayes: Duckers,
Hodges, Allen, Graves (4). Nays: Geis (1). Motion carried.
PETITION NUMBER 3761 was filed by Charles M. Stover to change street
names in Meyer Addition: Fredrick Drive to Mallard Drive; William Drive to
Quail Run; and Meyer Drive to Partridge Lane. A motion was made by Commissioner
Duckers, seconded by Commissioner Allen, to refer the petition to the City
Planning Commission for a recommendation. Ayes: (5). Nays: (0). Motion carried.
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COMMISSION AGENDA
A MOTION was made by Commissioner Duckers, seconded by Commissioner
Geis, to add appointments to Boards and Commissions to the agenda for consideratio
Ayes: (5). Nays: (0). Motion carried.
THE MAYOR, with the approval of the Board of Commissioners, made the
following appointments:
Board of Plumber and Gas Fitter Examiners
Ronald Tremblay, reappointed for a 2 year term to May 1, 1981.
Clifford Johnson, reappointed for a 2 year term to May 1, 1981.
Board of Zoning Appeals
Betty Metz, reappointed for a 3 year term to May 3, 1982.
Roy Presley, reappointed for a 3 year term to May 3, 1982.
City Planning Commission
Sherry Denton, reappointed for a 3 year term to May 3, 1982.
Glorine Shelton, reappointed for a 3 year term to May 3, 1982.
The following items were brought to the floor for discussion.
Mayor Graves congratulated the Chamber of Commerce for cooperating
with the City and Arts Commission for the beautiful summertime banners flying in
downtown Salina. She complimented Martha Rhea for her work on them.
Mayor Graves wished George Wood, Administrative Assistant, the best of
luck. George is moving to Lancaster, South Carolina to be its City Administrator.
A MOTION was made by Commissioner Allen, seconded by Commissioner
Duckers that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (5). Nays: (0). Motion carried. The meeting adjourned at 5:12 P.M.
M. E. Abbott, Acting City Clerk
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