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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. i 1 24 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. 25' 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. 2U, 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 1