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04-07-1980 MinutesCommission Action # City of Salina, Kansas Regular Meeting of the Board of Commissioners April 7, 1980 4:00 P.M. The Regular Meeting of the Board of Commissioners met in the City Commission Meeting Room, City -County Building, on Monday, April 7, 1980, at four o'clock P.M. comprising a quorum of the Board, also present: L. 0. Bengtson, City Attorney D. L. Harrison, City Clerk Rufus L. Nye, City Manager Absent: None None CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) Presentation of appreciation plaques to past board members. The Mayor presented plaques of appreciation to James King, Housing Authority of the City of Salina member; Tony Augusto, John Divine, Regina Green, Joyce Jones, Solomon Oliver, Dr. Milo Sloo, Cora Williams, Neighborhood Centers Board members; Lillian Faerber and Dr. Lloyd Hatton, Salina Arts Commission members. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing for the annexation of certain land. Public hearing required by Resolution Number 80-3477, adopted January 28, 1980 for the annexation of part of Surveyor's Plat 53, on North Fifth Street. Mrs. Margaret Hoover, R.R. 5; Mrs. Harry Lacy, 938 Sherman; Phillip Crickenberger, R.R. 5, spoke against the annexation. L. L. Lamer, R.R. 5; Gladys Denning, Stimmel Road; and Jim Baughan, R.R. 5, spoke in favor of the annexation. 80-86 Moved by Commissioner Hodges, seconded by Commissioner Duckers that the public hearing be closed and that Ordinance Number 80-8783, annexing certain land to the City of Salina, Kansas, in conformity with the provisions of K.S.A. 12-519 to 12-526, inclusive, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. CONSENT (6.1) Approval of the Minutes of the Regular Meeting March 24, 1980. (6.2) Report on bids received April 3, 1980 for equipment. 80-87 Moved by Commissioner Geis, seconded by Commissioner Allen that all items on the consent agenda be approved. Aye: (5). Nay: (0). Motion adopted. 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 present: L. 0. Bengtson, City Attorney D. L. Harrison, City Clerk Rufus L. Nye, City Manager Absent: None None CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) Presentation of appreciation plaques to past board members. The Mayor presented plaques of appreciation to James King, Housing Authority of the City of Salina member; Tony Augusto, John Divine, Regina Green, Joyce Jones, Solomon Oliver, Dr. Milo Sloo, Cora Williams, Neighborhood Centers Board members; Lillian Faerber and Dr. Lloyd Hatton, Salina Arts Commission members. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing for the annexation of certain land. Public hearing required by Resolution Number 80-3477, adopted January 28, 1980 for the annexation of part of Surveyor's Plat 53, on North Fifth Street. Mrs. Margaret Hoover, R.R. 5; Mrs. Harry Lacy, 938 Sherman; Phillip Crickenberger, R.R. 5, spoke against the annexation. L. L. Lamer, R.R. 5; Gladys Denning, Stimmel Road; and Jim Baughan, R.R. 5, spoke in favor of the annexation. 80-86 Moved by Commissioner Hodges, seconded by Commissioner Duckers that the public hearing be closed and that Ordinance Number 80-8783, annexing certain land to the City of Salina, Kansas, in conformity with the provisions of K.S.A. 12-519 to 12-526, inclusive, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. CONSENT (6.1) Approval of the Minutes of the Regular Meeting March 24, 1980. (6.2) Report on bids received April 3, 1980 for equipment. 80-87 Moved by Commissioner Geis, seconded by Commissioner Allen that all items on the consent agenda be approved. Aye: (5). Nay: (0). Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission for the denial of Zoning Application 79-18, filed by Tracy Dilling, for the rezoning of the East 34 feet of Lot 1, Block 1, West Evergreen Park Addition and the West 61 feet of Lot 13, Block 1, Evergreen Park Addition from District R-1 to R-2. 80-88 Moved by Commissioner Geis, seconded by Commissioner Hodges that the recommendation of the City Planning Commission be accepted and Zoning Application 79-18 be denied. Aye: (5)• Nay: (0). Motion adopted. (7.2) Recommendation from the City Planning Commission for the denial of Zoning Application 80-2, filed by Robert Smalley, for the rezoning of Lot 10, in the Replat of the East Half of Block 10, Riker Addition from District R-1 to District C-3. 80-89 Moved by Commissioner Geis, seconded by Commissioner Duckers that the recommendation of the City Planning Commission be accepted and Zoning Application 80-2 be denied. Kenneth Wasserman, Attorney for Robert Smalley, asked the City Commission to allow the zoning application to be amended by changing the requested zoning from C-3 to C-1. 80-90 Moved by Commissioner Hodges, seconded by Commissioner Allen to amend the original motion and return the Zoning Application to the City Planning Commission so it could be considered for an amendment from C-3 to C-1. Philip Shaffer, 1012 Millwood, and several other residents wanted the City Commission to accept the recommendation of the City Planning Commission and deny the request. Mayor Graves called for a vote on Commission Action 80-90: Aye: (0). Nay: (5). Motion defeated. Mayor Graves called for a vote on Commission Action 80-89: Aye: (5). Nay: (0). Motion adopted. ADMINISTRATION Dr. Charles Olson, President of Unified School District 305, presented the Commission a copy of a resolution the School Board would like the Commission to adopt pertaining to the sale or give away of drug paraphernalia. (8.1) Second Reading Ordinance Number 80-8782, authorizing the issuance of $675,000 Industrial Revenue Bonds for Wilson & Company, Engineers and Architects. 80-91 Moved by Commissioner Duckers, seconded by Commissioner Allen, that Ordinance Number 80-8782, authorizing the City of Salina, Kansas to acquire the real property hereinafter described and to construct and purchase buildings, improvements, machinery and equipment to be leased to Bruce E. Roberts, Nathan B. Butcher, Robert L. Baier, Robert P. Selm, Robert E. Crawford, Lewis C. Crawford, Robert F. Sykes, John D. Smutz, and Craig A. Roberts, Partners, doing business under the firm name and style of Wilson & Company, Engineers and Architects ("Company"), authorizing and directing the issuance of $675,000 principal amount of Industrial Revenue Bonds, Second Series of 1980, of said City for the purpose of providing funds to pay the cost of acquiring the real property hereinafter described and to construct and purchase buildings, improvements, machinery and equipment to be leased to the company, and prescribing the form and authorizing the execution of a lease by and between said City and the Company, be adopted. Aye: Allen, Duckers, Geis, Hodges, Graves (5). Nay: (0). Motion adopted. (8.2) Letter from Unified School District #305 requesting that Dr. Olson be given an opportunity to present a resolution pertaining to the elimination of the sale or give away of drug paraphernalia. Dr. Charles Olson, President of Unified School District 305, presented the Commission a copy of a resolution the School Board would like the Commission to adopt pertaining to the sale or give away of drug paraphernalia. A `) Mrs. Joe Mendicina, 2113 Fairdale Court, Mr. and Mrs. Gary Ring and son, 437 South Tenth, Carol Haag, 416 Winn Road, Judy Neuschafer, 1409 Sunrise Drive, Rev. Rene' Colaw, 619 Guernsey, and Randy Hilgers, St. John's Hospital Drug Center, spoke in favor of such an ordinance. Bob Jones, Attorney for House of Sight and Sound, is against such an ordinance. He said people need to be educated not to use drugs. Eliminating the sale or give away of drug paraphernalia will just cause more black market of these items. Solomon Oliver questioned that an ordinance could be adopted that would The constitutional. 80-92 Moved by Commissioner Allen, seconded by Commissioner Geis, that the City Manager and staff be instructed to draft a suitable ordinance to prohibit the sale or give away of drug paraphernalia. Aye: (5). Nay: (0). Motion adopted OTHER BUSINESS 80-93 Moved by Commissioner Hodges, seconded by Commissioner Allen that the Board of Commissioners recess into executive session to discuss land acquisition, for 5 minutes. Aye: (5). Nay: (0). Motion adopted. The Commission recessed at 5:23 P.M. and reconvened at 5:33 P.M. 80-94 Moved by Commissioner Duckers, seconded by Commissioner Geis that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion adopted. Karen M. Graves, Mayor (SEAL) ATTEST: F— L — ILS, D. L. Harrison, City Clerk