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06-21-1976 Minutes1 )8 City of Salina, Kansas Regular Meeting of the Board of Commissioners June 21, 1976 The Regular Meeting of the Board of Commissioners met in the Commission Room, City -County Building, on Monday, June 21, 1976, at four o'clock p.m. The Mayor asked everyone to stand for the pledge of allegiance to the Flag and a moment of silent prayer. There were present: Mayor Gerald F. Simpson, Chairman presiding Commissioner Robert C. Caldwell Commissioner Keith G. Duckers Commissioner W. M. Usher Commissioner Jack Weisgerber comprising a quorum of the Board, also: printed. L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: None The Minutes of the Regular Meeting of June 14, 1976 were approved as STAFF AGENDA THE CITY ENGINEER reported on bids received June 7, 1976 for the Juvenile Detention and Booking Area at the Police Administration Building. Mr. Boyer explained the bid was received without qualifications from Abbott Construction Company, and he raised the question of delivery of materials after the bid was received, and the fact that is was not part of the bid, indicat it has no legal standing or implication on his bid. Mr. Boyer set out the alternatives open to the Commission: 1. Grant him the contract as is, with the assurance that he would be granted an extension of time, whatever was necessary, for the development of the security steel, or 2. Accept the bid as it was proposed and if he signs the contract he is under penalty after 210 days; if he refuses to sign the contract he would forfeit his 5% bid bond and the contract would go to the next lowest bidder. Mr. Boyer also reported that the County Commissioners have passed an official recommendation to the City Commission that it would be their desire to accept the bid with 210 days for completion of all work except the security steel, then allow what extension of time he needs for the delivery of the security steel. After discussing the implications of the bid, and letting the contract within the 30 day time limit, a motion was made by Commissioner Duckers, seconded by Commissioner Caldwell to table any action on the bid and schedule a meeting with the County Commissioners as early as possible. Ayes: (5). 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 7, Block 1, Cloverdale Addition from District "A" (Second Dwelling House District) to District "F" (Light Industrial District), as requested in Petition Number 3558 which was filed by Steven J. Hill.) A motion was made 1 1 i 1 1 1 0,0 o by Commissioner Caldwell, seconded by Commissioner Duckers to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Duckers, Usher, Weisgerbe Simpson (5). Nays: (0). Carried. The Mayor approved the Ordinance and it is numbered 8497. The ordinance was introduced for first reading June 7, 1976. 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 9 and the West 2 of Lot 11, Block 5, College View Addition from District "A" (Second Dwelling House District) to District "B" (Two -Family Dwelling House District), as requested in Petition Number 3560 which was filed by Otis L. Davis, Jr.) A motion was made by Commissioner Usher, seconded by Commissioner Duckers to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Duckers, Usher, Weisgerber, Simpson (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8498. The ordinance was introduced for first reading June 7, 1976. A RESOLUTION was introduced and passed entitled: "A RESOLUTION determini the advisability of curbing, guttering, paving, and grading improvements, estimating the cost thereof, defining the boundaries of the improvement district, method of assessment, and apportioning the cost between the improvement district and the City -at -large." (Street Improvements in Sullivan and Wallerius Additions Engineering Project 76-604) A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to adopt the Resolution as read and the following vote was had: Ayes: Caldwell, Duckers, Usher, Weisgerber, Simpson (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3281. A LETTER was received from the City Planning Commission recommending the approval of Petition Number 3562, as amended to accurately reflect the legal description of property requested for annexation. The petition was filed by Norman R. Harris and J. Donald Williams for the annexation of the remainder of Country Club Heights Addition Number 4. A motion was made by Commissioner Duckers, seconded by Commissioner Weisgerber to accept the recommendation of the City Planning Commission and introduce the annexation 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 the rezoning of the East 35 feet of Lot 3 and all of Lot 4, Block 1, Wights Addition and all of Lot 10, Atherton and Phillips Addition, from District "B" (Two -Family Dwelling House District) to District "C" (Apartment i House District) requested in Petition Number 3564 which was filed by Thomas and Doris Darnell. A motion was made by Commissioner Caldwell, seconded by Commission Usher to accept the recommendation of the City Planning Commission and to introduc 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 the rezoning of Block 8, Georgetown Addition from District "C" (Apartment House District) to District "P.D.D." (Planned Development District) requested in Petition Number 3565 which was filed by A. B. Seelye Company, Inc. A motion was made by Commissioner Caldwell, seconded by Commissioner Weisgerber to accept the recommendation of the City Planning Commission and to introduce the rezoning ordinance for first reading. Ayes: (5). Nays: (0). Motion carried., Ordinance Passed: Number: THE CITY ENGINEER REPORTED on a request by Joe Mendicina for the use of public right-of-way adjacent to Delaware Avenue for parking, and recommended the request be denied on the basis that is a violation of Section 22-143 of the Salina Code for "a person to stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device in any of the following places:" Subsecti 15 states: "on the property dedicated to the city which lies between the curb line and the adjacent property line." in N 0 ti Mr. Boyer said he talked with Jim Ward earlier in the afternoon and discussed some alternates. Mr. Phil Martin was present. Mr. Boyer gave him a copy of his recomm A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to accept the City Engineer's recommendation and deny the request. Ayes: (5). Nays: (0). Motion carried. THE CITY COMMISSIONERS considered requests for Revenue Sharing Funds. (7th Entitlement Period from July 1, 1976 to December 31, 1976). Commissioner Usher commented that this is the third year Human Relations will be funded with Revenue Sharing Funds, and asked when it will be included in the budget? Mr. Olson replied when the tax lid is removed. A motion was made by Commissioner Caldwell, seconded by Commissioner Weisgerber that the Revenue Sharing Funds from the 7th Entitlement Period be spent as follows: 1. Salina -Saline County Health $ 62,000.00 2. Fire and Police Department Salaries 124,695.00 3. Human Relations 25,000.00 4. Central Kansas Alcoholic Foundation 7,400.00 5. Passport to Adventure _ 5,000.00 224,095.00 Ayes: (5). Nays: (0). Motion carried. PUBLIC AGENDA PETITION NUMBER 3572 was filed by the Salina Airport Authority for the rezoning of the East 580.5 feet of Block 6, Schilling Subdivision from District "C" (Apartment House District) to District "F" (Light Industrial District). A motion was made by Commissioner Usher, seconded by Commissioner Duckers to refer the petition to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3573 was filed by Kenneth W. Wasserman, for Thomas L. Smith and Lawrence Warta, for the rezoning of Lot 17, Block 1, Santa Fe Park Addition to the City of Salina, Saline County, Kansas from District "B" (Two - Family Dwelling House District) to District "C" (Apartment HOuse District). A motion was made by Commissioner Weisgerber, seconded by Commissioner Caldwell to refer the petition to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3574 was filed by Doyle D. Yockers, president of the Salina Development Company, Inc., for the approval of the Replat of Block 30 and Lots 1 through 5, Block 33, Key Acres 2nd Addition. A motion was made by Commissioner Weisgerber, seconded by Commissioner Caldwell to refer the petition to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Perry Copeland, d/b/a Raggedy Ann's, 260 Smithers. (New application). The City Clerk reported the applicant has paid the required fee, and the application has been approved by the Health Department, Zoning Officer and the Police Department. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to approve the license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. tion. L— 1 1 U COMMISSION AGENDA The Commissioners brought the following item to the floor for discussior Commissioner Duckers asked the Mayor if he had anything to report on the Bicentennial Convention Center Committee? Mayor Simpson said he has had favorable response concerning the facility, but the person chosen as chairman of the committee has not made a firm commitment as of this date. A MOTION was made by Commissioner Caldwell, seconded by Commissioner Usher that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. D. L. Harrison, City Clerk