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05-10-1976 Minutes1 1 City of Salina, Kansas Regular Meeting of the Board of Commissioners May 10, 1976 The Regular Meeting of the Board of Commissioners met in the Commiss Room, City -County Building, on Monday, May 10, 1976, at four o'clock p.m. The Acting Mayor asked everyone to stand for the pledge of allegiance to the Flag and a moment of silent prayer. There were present: Acting Mayor Keith G. Duckers, Chairman presiding Commissioner Robert C. Caldwell Commissioner W. M. Usher Commissioner Jack Weisgerber comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: Mayor Gerald F. Simpson The Minutes of the Regular Meeting of May 3, 1976, were approved as printed. THE MAYOR PROCLAIMED Saturday, May 15, 1976 - "FIRE FIGHTER BOOT BRIGADE DAY". The proclamation was read by James R. Todd, President of the International Association of Fire Fighters, Local 782. STAFF AGENDA BIDS WERE RECEIVED for Engineering Project 76-601, for improvements in Twin Oaks, Key Acres 2nd, Schippel, Sullivan, and Wallerius Additions: PART I - Water and Sanitary Sewer Improvements Smoky Hill, Inc. $211,733.50 Stevens Contractors, Inc. 217,145.00 Earth Excavation, Inc. 229,752.50 Wilson Constructors, Inc. 240,125.00 Engineer's Estimate 263,995.00 PART II - Storm Sewer and pavement (Asphalt pavement alternate) Brown & Brown, Inc. and Smoky Hill, Inc. $283,403.50 Engineer's Estimate 313,680.00 PART II - Storm Sewer and Pavement (Concrete pavement alternate) J. S. Frank Construction Company, Inc. $293,249.00 Brown & Brown, Inc. and Smoky Hill, Inc. 306,734.50 Wilson Constructors, Inc. 484,890.00 Engineer's Estimate 313,680.00 A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to award the contract for Part I for water and sanitary sewer improvements to Smoky Hill, Inc., in the amount of $211,733.50, providing it meets the Engineer's specifications. Ayes: (4). Nays: (0). Motion carried. A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher toward the contract for Part II for the asphalt pavement alternate, to Brown & Brown, Inc., and Smoky Hill, Inc. in the amount of $283,403.50, providing it meets the Engineer's specifications. Ayes: (4). Nays: (0). Motion carried. 1 S, A PUBLIC HEARING was held on the curbing, guttering, paving and grading of Scott Avenue, water main and services, and lateral sanitary sewer service, as required by Resolution Number 3273, adopted April 19, 1976. (Improvements were requested in Petition Number 3538, filed by Monty Montee) No protests, written or oral, were filed. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell, that the public hearing on the improvements be adjourned. Ayes: (4). Nays: (0). Motion carried. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Zoning Ordinance Number 6613 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." (Rezoning of Lot 17, Block 6, Pacific Addition from District "E" (General Business District) to District "F" (Light Industrial District), as requested in Petition Number 3546, filed by Century Sales Engineering Company, Inc.) A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Usher, Weisgerber, Duckers (4). Nays: (0). Mayor Simpson absent. The Acting Mayor approved the Ordinance and it is numbered 8486. The ordinance was introduced for first reading April 26, 1976. A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Usher to introduce an ordinance for first reading entitled: "AN ORDINANCE providing for the organizational structure and responsibilities for carrying out the City's commitment to the principle of nondiscrimination in city employment." Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to endorse the statement of policy in the Affirmative Action Plan prepared for the City of Salina. Ayes: (4). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3559, which was filed by Lawrence Warta for the pavement of Planet Avenue from the south side of Saturn Avenue 802.41 feet north to connect to existing pavement, that it is a valid petition as Mr. Warta represents 500 of the owners and 690 of the land in the benefit district. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to accept the City Engineer's report as filed. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of the final plat of YMCA Addition, as requested in Petition Number 3532 which was filed by Dean Owens, upon the presentation of a signed agreement between the YMCA Board and the City Commission regarding the hike - bike easement dedication along the Smoky Hill River. A motion was made by Commissioner Caldwell, seconded by Commissioner Weisgerber to accept the recommendation of the City Planning Commission, and authorize the Mayor to sign the final plat of YMCA Addition, and the hike -bike easement dedication agreement which has been filed. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of Petition Number 3547 which was filed by Webb Johnson Electric, Inc., for the rezoning of Lot 179 on Fifth Street, Original Townsite, from District "C" (Apartment House District) to District "E" (General Business District). A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to accept the recommendation of the City Planning Commission, and approve the petition, and to introduce the rezoning ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: 1 1 A LETTER was received from the City Planning Commission recommending the approval of Petition Number 3548 which was filed by A. B. Seelye Company, Inc., for the rezoning of certain property in the North � of the Southwest Quarter of Section 19, Township 14 South, Range 2 West, from District "A" (Second Dwelling House District) to District "C" (Apartment House District), subject to platting. A motion was made by Commissioner Caldwell, seconded by Commissioner Weisgerber to accept the recommendation of the City Planning Commission, and approve the petition, subject to the final approval of the plat of Dow Addition, and to introduce the rezoning ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of Petition Number 3549 which was filed by Barry Burgard, President of Brann's Warehouse, Inc., for the amendment to Section 21 of Ordinance Number 6613 concerning off-street parking and loading regulations. A motion was made by Commissioner Weisgerber, seconded by Commissioner Caldwell to accept the recommendation of the City Planning Commission, and approve the petition, and introduce an ordinance for first reading amending Section 21 of Ordinance Number 6613 concerning off-street parking and loading regulations. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending the approval of Petition Number 3550 which was filed by William R. Umphrey, for the rezoning of Lots 2 and 3, Block 1, Oakdale Addition from District "A" (Second Dwelling House District) to District "C" (Apartment House District). A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to accept the recommendation of the City Planning Commission and approve the petition, and introduce the rezoning ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission reporting the amendments of the Land Use Plan which have been approved during the last year. A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to accept the letter from the City Planning Commission. Ayes: (4). Nays: (0). Motion carried. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Zoning Ordinance Number 6613 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." (Rezoning of Lot 1, Block 1, YMCA Addition, from District "A" (Second Dwelling House District) to District "C" (Apartment House District) as requested in Petition Number 3533, filed by the YMCA). A motion was made by Commissioner Weisgerber, seconded by Commissioner Caldwell, to adopt the ordinance as read and instruct.the City Clerk to delay its publication until a certificate is filed that the Final Plat of the YMCA Addition has been filed with the Register of Deeds, and the following vote was had: Ayes: Caldwell, Usher, Weisgerber, Duckers (4). Nays: (0). Mayor Simpson absent. Carried. The Acting Mayor approved the Ordinance and it is numbered 8487. The ordinance was introduced for first reading April 12, 1976. A RESOLUTION was introduced and passed entitled: "A RESOLUTION relating to state aid for the improvement of City Connecting Links on the State Highway System". (Improvement of 17.10 EB and 17.11 WB (existing structures over Alt. US 81. Clean and paint the steel portion of the structures. Project 70-85-2982 (2).) A motion was made by Commissioner Caldwell, seconded by Commissioner Weisgerber to adopt the Resolution as read and the following vote was had: Ayes: Caldwell, Usher, Weisgerber, Duckers (4). Nays: (0). Mayor Simpson absent. Carried. The Acting Mayor approved the Resolution and it is numbered 3276. 3 4 PUBLIC AGENDA PETITION NUMBER 3561 was filed by Verner C. Smith, for the vacation of Gail Avenue from Linda Lane to the railroad right-of-way. Being the north 15 feet of Lot 2 and the South 45 feet of Lot 3, Block 1, in the Replat of part of Bonnie Ridge Addition. A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to refer the petition to the City Engineer for a recommendation. Ayes: (4). Nays: (0). Motion carried. A CEMETERY TRUST DEED was filed by Robert McDowell, for the perpetual care of Lot 68, Block 6, Gypsum Hill Cemetery in the City of Salina, Kansas. A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to approve the Cemetery Trust Deed. Ayes: (4). Nays: (0). Motion carried. COMMISSION AGENDA The Commissioners did not bring anything to the floor for discussion. A MOTION was made by Commissioner Caldwell, seconded by Commissioner Usher that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (4). Nays: (0). Motion carried. D. L. Harrison, City Clerk