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09-11-1978 Minutes�1_ 1 1 197 City of Salina, Kansas Regular Meeting of the Board of Commissioners September 11, 1978 The Regular Meeting of the Board of Commissioners met in the City Commission meeting room, City -County Building, on Monday, September 11, 1978, at four o'clock P.M. The Mayor asked everyone to stand for the opening ceremony. There were present: Mayor Jack Weisgerber, Chairman presiding Commissioner Keith G. Duckers Commissioner Dan S. Geis Commissioner Karen M. Graves Commissioner Gerald F. Simpson comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: None printed. The Minutes of the Regular Meeting of August 28, 1978 were approved as Mayor Weisgerber announced that there will not be a meeting September 18, 1978 as the Commissioners will be attending the League of Kansas Municipalities Convention, in Overland Park, Kansas. THE MAYOR PROCLAIMED the Week of September 17 through 23, 1978 - "CONSTITUTION WEEK". The proclamation was read by Anna Laura Miller. 'j THE MAYOR PROCLAIMED the Week of September 11 through 16, 1978 - Ii "NATIONAL HISPANIC HERITAGE WEEK''. The proclamation was read by Loretta Martinez, !I Queen of the Mexican Independence Day fiesta. STAFF AGENDA A REPORT was received from Wilson & Company, Architects and Engineers, on bids received for an addition to the Salvation Army Building. (To be constructed with Community Development Block Grant Funds) (Bids were received August 28, 1978). The architect reported Albers Construction, Inc. is the low bidder for General Construction work in the amount of $158,545.00; Salina Heating and Air Conditioning, Inc. is the low bidder for Mechanical work in the amount of $35,980.00; and Webb Johnson Electric, Inc. is the low bidder for Electrical Work in the amount of $15,300; and that the total of the contracts equal $209,825.00, and recommended that the City Commissioners award the contracts to these low bidders. A motion was made by Commissioner Graves, seconded by Commissioner Duckers to accept the recommendation of Wilson & Company, and award contracts to Albers Construction, Inc., for General Construction Work in the amount of $158,545.00; Salina Heating and Air Conditioning, Inc, for Mechanical Work in the amount of $35,980.00; and Webb Johnson Electric, Inc. for Electrical Work in the amount of $15,300.00. Ayes: (5). Nays: (0). Motion carried. 198 AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE authorizing the City of Salina, Kansas to acquire for industrial development purposes the real property hereinafter described and to construct and purchase buildings, improvements, machinery and equipment to be leased to Pepsi Cola Bottling Company of Salina, Inc.; authorizing and directing the issuance of $350,000 principal amount of industrial revenue bonds, Pepsi Cola Bottling Company of Salina, Inc., Series of 1978, of said City for the purpose of providing funds to pay the cost of acquiring real property hereinafter described and to construct and purchase buildings, improvements, machinery and equipment to be leased to Pepsi Cola Bottling Company of Salina, Inc.; and prescribing the form and authorizing the execution of a lease by and between said City and said Company." A motion was made by Commissioner Geis, seconded by Commissioner Simpson to adopt the ordinance as read and the following vote was had: Ayes: Graves, Simpson, Duckers, Geis, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8655. The ordinance was introduced for first reading August 28, 1978. 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 78-11, filed by E. P. Nichols, for the rezoning of Lot 5, Block 1, Leavenworth Addition from RS to 1-2 (Light Industrial District).] A motion was made by Commissioner Simpson, seconded by Commissioner Duckers to adopt the ordinance as read and the following vote was had: Ayes: Graves, Simpson, Duckers, Geis, Weisgerber (5)• Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8656. The ordinance was introduced for first reading August 28, 1978• AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Section 36-402 of Zoning Ordinance 8526, the same being Chapter 36 of the Salina Code, and repealing the original section." [Zoning Applications 78-13 and 78-14, filed by the City Planning Commission.] A motion was made by Commissioner Duckers, seconded by Commissioner Graves to adopt the ordinance as read and the following vote was had: Ayes: Graves, Simpson, Duckers, Geis, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8657. The ordinance was introduced for first reading August 28, 1978. 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 78-15, filed by Ronald J. Sprecker, for the rezoning of Lots 3 and 4, Block 4, Phillips East Salina Addition from R-1 to R-2.5 (Multiple Family Residential).] A motion was made by Commissioner Graves, seconded by Commissioner Duckers to adopt the ordinance as read and the following vote was had: Ayes: Graves, Simpson, Duckers, Geis, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8658. The ordinance was introduced for first reading August 28, 1978. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the vacation of the west 50 feet of easement for roadway purposes on Broadway Boulevard from South Street to Armory Road in the City of Salina, Saline County, Kansas." [Requested in Petition Number 3702 filed by Joe Mendicina, President of Park, Ltd.] A motion was made by Commissioner Geis, seconded by Commissioner Simpson to adopt the ordinance as read and the following vote was had: Ayes: Graves, Simpson, Duckers, Geis, Weisgerber (5)• Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8659. The ordinance was introduced for first reading August 28, 1978. 1 1 1 1.99 AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the vacation of certain easements in Block 4, original plat of Schippel Addition to the City of Salina, Saline County, Kansas." [Requested in Petition Number 3723, filed by Security Savings and Loan Association) A motion was made by Commissioner Simpson, seconded by Commissioner Duckers to adopt the ordinance as read and the following vote was had: Ayes: Graves, Simpson, Duckers, Geis, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8660. The ordinance was introduced for first reading August 28, 1978. THE CITY CLERK reported the assessment rolls are ready for the following improvements, to -wit. (Engineering Project 77-619 - Hocking Addition) Water main and services Main Sanitary Sewer "AW" and Pump Station Lateral Sanitary Sewer 581 as authorized by Resolution Number 3335, passed by the Board of Commissioners on the 15th day of August, 1977. The assessments have been determined and the final costs have been filed by the city Engineer. A motion was made by Commissioner Geis, seconded by Commissioner Graves to instruct the City Clerk to publish notice in the official city newspaper at least once not less than ten days prior to the date of September 25, 1978, the date set for the hearing on said assessments, and that at the same time notice is published to mail to the owners of property made liable to pay the assessment, at their last known post office address, a notice of the hearing and a statement of the cost proposed to be assessed against the land so owned and assessed. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of the final plat of Platten Subdivision (a replat of Van's Replat of part of Block 1, Lots 1, 2, 3, 10, 11 and Lot 26, Block 1, Fairview Addition) as requested by Daniel and Natalie Hanson in Petition Number 3690. A motion was made by Commissioner Simpson, seconded by Commissioner Geis to accept the recommendation of the City Planning Commission and approve the final plat of Platten Subdivision, and authorize the Mayor to sign. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of the final plat of the replat of Lots 1 through 8, Block 1, Dow Addition, as requested in Petition Number 3703, filed by G & K, Inc. A motion was made by Commissioner Duckers, seconded by Commissioner Graves to accept the recommendation of the City Planning Commission and approve the final plat of the replat of Lots 1 through 8, Block 1, Dow Addition, and authorize the Mayor to sign. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending that Petition Number 3722, filed by Michael Adams, to change the name of Brandau Road to West Airport Road be amended and approved for Airport Road. A motion was made by Commissioner Geis, seconded by Commissioner Duckers to accept the recommendation of the City Planning Commission and approve the petition, and to introduce the ordinance for first reading for the street name change. Ayes: (5)• Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending that a request from Natalie Hanson to withdraw Zoning Application 78-3 be approved. A motion was made by Commissioner Graves, seconded by. Commissioner Duckers to accept the recommendation of the City Planning Commission and approve the request of Natalie Hanson to withdraw Zoning Application 78-3. Ayes: (5). Nays: (0). Motion carried. `400 A LETTER was received from the City Planning Commission recommending the approval of Zoning Application 78-16, filed by G & K, Inc., for the rezoning of the East 17.60 feet of Lot 3 and Lots 4 through 8, Block 1, Dow Addition, and Lots 1 through 22, Block 8, in the Replat of Lot 22, Block 3 and Lot 9, Block 6, Dow Addition, from District R-3 to R-1 (Single Family Residential). A motion was made by Commissioner Simpson, seconded by Commissioner Duckers to accept the recommendation of the City Planning Commission and approve Zoning Application 78-1 and to introduce the rezoning ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending the approval of Zoning Application 78-17 to amend Sections 36-403, 36-907, and 36-1301 of the Salina Code, to regulate garage sales in the City of Salina, Kansas. A motion was made by Commissioner Duckers, seconded by Commissioner Simpson to accept the recommendation of the City Planning Commission and approve Zoning Application 78-17, and to introduce an ordinance for first reading to amend Sections 36-403, 36-907, and 36-1301 of the Salina Code. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending the approval of Zoning Application 78-18 to amend Sections 36-600, 36-601, 36- 602, 36-603, 36-604, 36-604A, 36-605, 36-608, 36-609, 36-610, 36-611, of the Salina Code to include ambulance services as public utility uses in certain zoning districts. A motion was made by Commissioner Geis, seconded by Commissioner Simpson to accept the recommendation of the City Planning Commission and approve Zoning Application 78-18 and to introduce an ordinance for first reading to amend Sections 36-600 to 36-605, 36-608 to 36-611 of the Salina Code. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: THE CITY COMMISSIONERS considered a contract with Bucher and Willis for inspection service of the Lower Indian Rock Ballfield Complex project. A motion was made by Commissioner Duckers, seconded by Commissioner Graves to approve the contract with Bucher and Willis for inspection service on the Lower Indian Rock Ballfield Complex project, on an hourly basis, not to exceed $12,000 and authorize the Mayor to sign the agreement. Ayes: (5). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: ''A RESOLUTION determini the advisability of water main and service line improvements, estimating the cost therof, defining the boundaries of the improvement district, method of assessment, and apportioning the cost between the improvement district and the City -at -large." (Engineering Project 78-643 - Eastridge Addition). A motion was made by Commissioner Duckers, seconded by Commissioner Simpson to adopt the resolution as read and the following vote was had: Ayes: Graves, Simpson, Duckers, Geis, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3388• PUBLIC AGENDA A CEREAL MALT BEVERAGE license application was filed by Phil Ruffin, d/b/a Town and Country Food Markets, Inc., 848 North Broadway. (New application) The City Clerk reported the applicant has paid the required fee and the application has been approved by the Zoring Officer, Health Department, and the Police Department. A :ration was made by Commissioner Graves, seconded by Commissioner Duckers to approve the license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. 1 D 1 A REQUEST was received from Cindy Entriken, Abused Women's Task Force, to be present at the meeting to request a letter of :;LIF -port from the Salina City Commissioners for the Abused Women's Task Force. Cindy Entriken was present and explained that they are in the process of filing a grant application for federal funds and a letter of support from the City Commission would be helpful for their application. She said their application must be postmarked no later than September 20, 1978. A motion was made by Commissioner Simpson, seconded by Commissioner Graves that the City Commission authorize the Mayor to sign a letter recognizing the Abused Women's Task Force. Ayes (5). Nays: (0). Motion carried. COMMISSION AGENDA The Commissioners brought the following items to the floor for discussion: Comm; cc; S' —el impson said the South Salina Drainage Study has been completed and suggested the City Commission initiate an evening meeting with interested residents, and representatives of Wilson and Company to discuss the physical and fiscal problems involved. A motion was made by Commissioner Duckers, seconded by Commissioner Graves to place the item on the agenda for discussion. Ayes: (5). Nays: (0). Motion carried. A motion was made by Commissioner Simpson, seconded by Commissioner Graves to instruct the staff to set up a mutually agreeable time for an evening meeting at Salina High School South, within the next 30 days, so the City Commission, Wilson and Company representatives, County Commissioners, and staff can meet with the residents of South Salina to discuss the physical and monitary considerations of the South Salina Drainage Study. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Graves, seconded by Commissioner Geis to recess into executive session to discuss the possible issuance of Industrial Revenue Bonds, and to return at 4:55 P.M. The Commissioners recessed at 4:34 P.M. and reconvened at 5:10 P.M. A MOTION was made by Commissioner Duckers, seconded by Commissioner Simpson that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. The meeting adjourned at 5:11 P.M. Z9 D. L. Harrison, City Clerk