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07-19-1976 MinutesM, f City of Salina, Kansas Regular Meeting of the Board of Commissioners July 19, 1976 The Regular Meeting of the Board of Commissioners met in the Commissio Room, City -County Building, on Monday, July 19, 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, Commissioner Robert C. Caldwell 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: Mayor Gerald F. Simpson Commissioner W. M. Usher Chairman presiding The Minutes of the Regular Meeting of July 12, 1976 were approved as STAFF AGENDA 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 Lots 1 through 17, Block 2; and Lots 1 through 4, Block 5, Dow Addition from District "A" (Second Dwelling House District) to District "B" (Two -Family Dwelling House District), and Lots 1 through 8, Block 1; and Lots 1 through 5, Block 4, Dow Addition from District "A" (Second Dwelling House District) to District "C" (Apartment House District) as requested in Petition Number 3542 which was filed by A. B. Seelye Company, Inc.) A motion was made by Commissioner Caldwell, seconded by Commissioner Weisgerber to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Weisgerber, Duckers (3). Nays: (0). Commissioner Usher and Mayor Simpson absent. Carried. The Acting Mayor approved the ordinance and it is numbered 8501. The ordinance was introduced for first reading April 12, 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 22, Block 3, and Lot 9, Block 6, Dow Addition from District "A" (Second Dwelling House District) to District "C" (Apartment House District) as requested in Petition Number 3548 which was filed by A. B. Seelye Company, Inc.) A motion was made by Commissioner Weisgerber, seconded by Commissioner Caldwell to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Weisgerber, Duckers (3). Nays: (0). Commissioner Usher and Mayor Simpson absent. Carried. The Acting Mayor approved the ordinance and it is numbered 8502. The ordinance was introduced for first reading May 10, 1976. Is' 1 1 u 45 THE CITY ENGINEER filed a feasibility report for street and utility improvements in Country Club Estates Addition Number Two, as requested in Petition Number 3563 which was filed by Roy Presley, President of Presley Builders, Inc. A motion was made by Commissioner Caldwell, seconded by Commissioner Weisgerber to accept the feasibility report as filed. Ayes: (3). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3576 which was filed by Russel L. Thorp, for the vacation of Wilson Street between Hancock Street and the railroad tracks, that platting and construction on the west side of the railroad will not allow Wilson Street to extend across the tracks and no utilities are using or need the right of way, and therefore recommended the vacation of this portion of Wilson Street right-of-way. A motion was made by Commissioner Weisgerber, seconded by Commissioner Caldwell to accept the City Engineer's recommendation and introduce an ordinance for first reading to vacate the street right-of-way. Ayes: (3). Nays: (0). Motion carried. Ordinance Passed: Number: THE CITY ENGINEER reported on Petition Number 3578 which was filed by Ben and Lavelle Frick for the vacation of the utility easement in Block 2, Marydale Addition, adjacent to Lots 28, 29, 30 and 31, that the lots involved with this easement are served by other easements or right-of-way. There is no present or anticipated use of this easement for utility purposes, and therefore recommends the vacation of the easement. A motion was made by Commissioner Caldwell, seconded by Commissioner Weisgerber to accept the City Engineer's recommendation and introduce an ordinance for first reading to vacate the easement. Ayes: (3). Nays: (0). Motion carried. Ordinance Passed: Number: A RESOLUTION was introduced and passed entitled: "A RESOLUTION appropriating the sum of $495,137.00, being the contract price for materials and labor supplied and furnished in the matter of the construction of certain curbing, guttering, paving, grading, water and sanitary sewer improvements in the City of Salina, and further providing for the issuance of one temporary note in the sum of $495,137.00 for the payment therefor." (Engineering Project 76-601 for improvements in Twin Oaks, Key Acres 2nd, Schippel, Sullivan, and Wallerius Additions) A motion was made by Commissioner Weisgerber, seconded by Commissioner Caldwell to adopt the Resolution as read and the following vote was had: Caldwell, Weisgerber, Duckers (3). Nays: (0). Commissioner Usher and Mayor Simpson absent. Carried. The Acting Mayor approved the Resolution and it is numbered 3283. PUBLIC AGENDA PETITION NUMBER 3579 was filed by Tasker, Inc., for the rezoning of the South 372 feet of Lot 22 and all of Lot 23, Block 1, Santa Fe Park Addition from District "B" (Two -Family Dwelling House District) to District "DD" (Office District). A motion was made by Commissioner Caldwell, seconded by Commissioner Weisgerber to refer the petition to the City Planning Commission. Ayes: (3). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Eldene Diaz, d/b/a LaHacienda, 1409 West Crawford. (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 Caldwell, seconded by Commissioner Weisgerber, to approve the license application and authorize the City Clerk to issue the license. Ayes: (3). Nays: (0). Motion carried. COMMISSION AGENDA The Commissioners did not bring anything to the floor for discussion. 46 A MOTION was made by Commissioner Caldwell, seconded by Commissioner Weisgerber that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (3). Nays: (0). Motion carried. N D. L. Harrison, City Clerk 1 1