06-15-1981 MinutesCITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JUNE 15, 1981_
4:00 P.M.
The Regular Meeting of the Board of Commissioners met in the Commissioners meeting
room, City -County Building, on Monday, June 15, 1981, at four o'clock p.m.
There were present:
Mayor Merle A. Hodges, Chairman presiding
Commissioner John F. Burgess
Commissioner Keith G. Duckers
Commissioner Karen M. Graves
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:
None
CITIZEN FORUM
None
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) The City Manager holds a public hearing on the proposed use of Revenue
Sharing Funds for the 13th Entitlement Period.
There were no requests made at the meeting.
The public hearing was closed.
(5.2) Public Hearing on proposed assessments for the Mayfair Drainage Ditch.
(Engineering Project 80-672)
A public hearing was held on the proposed assessments for the Mayfair
Drainage Ditch improvements authorized in Resolution Number 80-3519, passed by
the Board of Commissioners on the 24th day of November, 1980.
Jerry Martinez, 2203 Shalimar Drive and David Nowak, 2233 Shalimar
Drive, questioned the necessity of the drainage ditch improvement because they
doesn't have any drainage problems.
There were no written protests filed.
The Board of Commissioners made no adjustment in the assessment, and
the Mayor declared the hearing closed.
81-142 Moved by Commissioner Graves, seconded by Commissioner Roth that
Ordinance Number 81-8853, levying special assessments on lots, pieces and parcels
of ground in the City of Salina, Kansas, for the purpose of paying a portion of
the cost of the Mayfair Drainage Ditch, be introduced for first reading. Aye:
(5). Nay: (0). Motion adopted.
Guy Reinbolt, 715 Neal, asked what long range
plans the city has to
prevent the flooding of the properties in South
Salina.
Mayor Hodges told him
the long range plan is to dig a ditch south of
Bonnie Ridge
east to the river
when funding is available.
Commissioner Duckers asked about the
railroad
crossings again. He
asked the Mayor to write another letter to the
railroad
companies, and especially
to UPRR to ask when they are scheduling the 9th
Street
crossing.
AWARDS - PUBLICATIONS
None
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) The City Manager holds a public hearing on the proposed use of Revenue
Sharing Funds for the 13th Entitlement Period.
There were no requests made at the meeting.
The public hearing was closed.
(5.2) Public Hearing on proposed assessments for the Mayfair Drainage Ditch.
(Engineering Project 80-672)
A public hearing was held on the proposed assessments for the Mayfair
Drainage Ditch improvements authorized in Resolution Number 80-3519, passed by
the Board of Commissioners on the 24th day of November, 1980.
Jerry Martinez, 2203 Shalimar Drive and David Nowak, 2233 Shalimar
Drive, questioned the necessity of the drainage ditch improvement because they
doesn't have any drainage problems.
There were no written protests filed.
The Board of Commissioners made no adjustment in the assessment, and
the Mayor declared the hearing closed.
81-142 Moved by Commissioner Graves, seconded by Commissioner Roth that
Ordinance Number 81-8853, levying special assessments on lots, pieces and parcels
of ground in the City of Salina, Kansas, for the purpose of paying a portion of
the cost of the Mayfair Drainage Ditch, be introduced for first reading. Aye:
(5). Nay: (0). Motion adopted.
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(5.3) Public Hearing on the possible issuance of Industrial Revenue Bonds for
Larson Building Center, Inc.
Dean Owens, Attorney for Larson Building Center, Inc., was present to
answer any questions.
There were no protests, written or oral, filed and the Mayor declared
the public hearing closed.
81-143 Moved by Duckers, seconded by Commissioner Burgess that Resolution
Number 81-3549, a resolution of intent to issue $600,000 Industrial Revenue Bonds
for Larson Building Center, Inc., be adopted. Aye: (5). Nay: (0). Motion
adopted.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting June 8, 1981.
(6.2) Resolution Number 81-3550 - authorizing and directing certain curbing,
guttering, paving, grading, storm drainage improvements, ordering preparation of
plans and specifications, and the estimate of costs. (Improvements in Mayfair
Addition)
(6.3) Report from the City Engineer recommending the approval of a request by
Quintin Applequist for authorization to construct a 60 foot driveway approach at
1733 Dewey.
(6.4) Request from Wally Storey, Jr., Sunset Plaza, Inc., for authority to
use city property for aesthetic purposes.
(6.5) Request from Roy M. Wilbur, 1707 Upper Mill Terrace, for authority to
use street right-of-way for aesthetic purposes.
81-144 Moved by Commissioner Burgess, seconded by Commissioner Graves that all
items on the consent agenda be approved. Aye: (5). Nay: (0). Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Report from the City Planning Commission concerning Zoning Application
81-6, filed by the Dee Company, requesting the rezoning of Lot 15, Block 4,
Episcopal Military Institute Addition from "R-2- (Multiple -family) to District
"C-5", Service Commercial).
81-145 Moved by Commissioner Duckers, seconded by Commissioner Graves that
Zoning Application 81-6 be approved and that Ordinance Number 81-8854, 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: (5). Nay: (0). Motion
adopted.
(7.2) Recommendation from the City Planning Commission to approve Zoning
Application 81-7, filed by Ron Tremblay, Chief Building and Zoning Inspector, for
the amendment of Section 36-907(5)(d) concerning signs in the "C-4", (Central
Business District) where no building frontage exists.
81-146 Moved by Commissioner Roth, seconded by Commissioner Graves that the
recommendation of the City Planning Commission be accepted and that Zoning
Application 81-7 be approved and that Ordinance Number 81-8855, providing for the
amendment of Section 36-907(5) of the Salina Code, and repealing the existing
section, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted.
(7.3) Recommendation from the City Planning Commission to approve Zoning
Application 81-8, filed by W. Dean Lemmon, for the rezoning of a tract of land in
the Northeast Quarter of Section 26, Township 14 South, Range 3 West from District
"C-5" and "MH" (Service Commercial and Mobile Home) to District "C-3" (Shopping
Center District).
81-147 Moved by Commissioner Duckers, seconded by Commissioner Burgess that the
recommendation of the City Planning Commission be accepted and Zoning Application
81-8 be approved, subject to platting, and that Ordinance Number 81-8856, providin
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: (4). Nay: (0). Commissioner
Graves abstained. Motion adopted.
(7.4) Recommendation from the City Planning Commission to approve Zoning
Application 81-10, filed by Hedges Neon Sales, Inc., for an amendment of Section
36-902(12) of the Salina Code relating to signs projecting into the public right-
of-way.
81-148 Moved by Commissioner Roth, seconded by Commissioner Burgess that the
recommendation of the City Planning Commission be accepted and Zoning Application
81-10 be approved, and that Ordinance Number 81-8857, providing for the amendment
of Section 36-902(12) of the Salina Code, and repealing the existing section, be
introduced for first reading.
Phil Ray, President of Greater Downtown Salina asked that action on
this ordinance be postponed until Trkla, Pettigrew, Allen and Payne, the firm
working on the downtown development has time to study the ordinance.
Don Schneider, with Hedges Neon Sign said this ordinance will apply to
all of Salina, not just downtown and asked that action not be delayed any longer.
Glen Long, who has two businesses downtown, asked that the ordinance be
passed.
Fred Elliott, of Elliott Art Studios, doesn't want action on the
ordinance delayed.
Jim Geisendorf, said this ordinance is no big change and we need to get
our signs in compliance with this ordinance. There are signs out there in
violation with the provisions of the present ordinance.
Flavel Simcox, spoke in favor of the proposed ordinance.
The Mayor called for a vote on the pending motion. Aye: Burgess,
Duckers, Roth, Hodges (4). Nay: Graves (1). Motion adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 81-8852, providing for the construction
of certain sidewalks, for the payment of the cost thereof, and how the same shall
be assessed and the manner of the payment therefor. [West side of Fairdale Road
and the East side of Ray Avenue]
81-149 Moved by Commissioner Roth, seconded by Commissioner Burgess that
Ordinance Number 81-8852, providing for the construction of certain sidewalks,
for the payment of the cost thereof, and how the same shall be assessed and the
manner of the payment therefor, be adopted. Aye: Burgess, Duckers, Graves, Roth,
Hodges (5). Nay: (0). Motion adopted.
(8.2) First Reading Ordinance Number 81-8858, annexing certain land to the
City of Salina, Kansas, in conformity with the provisions of K.S.A. 12-519 to
12-526, inclusive; and repealing Ordinance Number 81-8845.
81-150 Moved by Commissioner Duckers, seconded by Commissioner Burgess, that
Ordinance Number 81-8858, annexing certain land to the City of Salina, Kansas, in
conformity with the provisions of K.S.A. 12-519 to 12-526, inclusive; and repealin
Ordinance Number 81-8845, be introduced for first reading. Aye: (5). Nay: (0).
Motion adopted.
(8.3) License agreement, filed by Clark, Mize and Linville, for 19 parking
spaces south of their office building on Parking Lot Number 8, in the 100 block
of South Eighth Street.
Greg Bengtson, Attorney with Clark, Mize, and Linville, said they need
to expand the office building to the rear which will eliminate the existing
parking.
Pete Peterson stated the lot has never been full and that their clients
and office employees use 10 to 12 of these parking spaces.
81-151 Moved by Commissioner Duckers, seconded by Commissioner Burgess that
action on this license agreement be postponed for three weeks, until July 6,
1981. Aye: (4). Nay: (0). Commissioner Graves abstained. Motion adopted.
(8.4) Request by Broadway Plaza, LTD., for $3,200,000 Industrial Revenue
Bonds.
81-152 Moved by Commissioner Duckers, seconded by Commissioner Roth that the
Board of Commissioners recess into Executive Session to discuss the possible
issuance of Industrial Revenue Bonds for 15 minutes. Aye: (4). Nay: (0).
Commissioner Graves abstained. Motion adopted.
The Commission recessed at 5:16 p.m. and reconvened at 5:37 P.m.
81-153 Moved by Commissioner Duckers, seconded by Commissioner Roth that the
City Clerk be instructed to publish a notice of intention to issue $3,200,000
Industrial Revenue Bonds for Broadway Plaza, Ltd., setting Monday, June 22, 1981
at 4:00 p.m. for public hearing. Aye: (4). Nay: (0). Commissioner Graves
abstained. Motion adopted.
81-154 Moved by Commissioner Duckers, seconded by Commissioner Burgess that
the Board of Commissioners recess into Executive Session to discuss a personnel
matter for 20 minutes. Aye: (5). Nay: (0). Motion adopted.
The Commission recessed at 5:38 p.m. and reconvened at 6:14 p.m.
81-155 Moved by Commissioner Duckers, seconded by Commissioner Burgess that
the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay:
1(0). Motion adopted. The meeting adjourned at 6:15 p.m.
(SEAL)
ATTEST:
b4���
D. L. Harrison, City Clerk
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Merle A. Hodges, M.JV, Mayor
WAIVER AND CONSENT TO HOLD A SPECIAL MEETING
OF THE BOARD OF COMMISSIONERS
We, the undersigned, being the duly elected, qualified and acting
Commissioners of the City of Salina, Kansas, and constituting a majority of the
Board of Commissioners of the City of Salina, Kansas, do hereby waive notice and
consent to the holding of a special meeting of the Board of Commissioners on the
18th day of June, 1981, at 1:00 P.M. for the purpose of discussing Personnel
Matters.
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Commissioners