11-22-1976 Minutes18
City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
November 22, 1976
The Regular Meeting of the Board of Commissioners met in the Commiss
Room, City -County Building, on Monday, November 22, 1976, at four o'clock p.m.
The Mayor asked everyone to stand for the pledge of allegiance to
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:
L. 0. Bengtson, City Attorney
Norris D. Olson, City Manager
D. L. Harrison, City Clerk
Absent:
None
STAFF AGENDA
A LETTER was received from the City Planning Commission informing the
City Commission it had reconsidered Petition Number 3593, which was filed by
John J. Jaworski for the rezoning of Lots 8, 9, 10, Block 3, Riverview Addition
from District "A" (Second Dwelling House District) to District "B" (Two -Family
Dwelling House District) and now recommends the petition be approved on the
basis of staff's recommendation and the signatures presented by the petitioner.
A motion was made by Commissioner Usher, seconded by Commissioner Duckers to
accept the recommendation of the City Planning Commission and 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 the development plan filed by John Nicholson for the S & W Tool
Design Manufacturing, in the Northeast Industrial Park, and waivers be granted
(1) Waive entirely the 15' side yard requirement along the east property line.
(2) Waive the requirement for additional parking spaces for this building,
since no new employees will be added (This would conform to the amended Urban
Renewal Plan requirements). A motion was made by Commissioner Duckers, seconded
by Commissioner Usher to accept the recommendation of the City Planning Commission
to approve the development plan and grant the waivers. Ayes: (5). Nays: (0).
Motion carried.
THE CITY ENGINEER reported on Petition Number 3597 which was filed by
Lyle Melvin, Jr. for the vacation of the west 10 feet of the street right-of-
way of Cherokee Drive, abutting Prairie Village Mobile Home Park Addition, and
recommended the west 10 feet of street right-of-way be vacated, but retained as
an easement for utility or street purposes. A motion was made by Commissioner
Usher, seconded by Commissioner Caldwell to accept the City Engineer's
recommendation and to introduce the ordinance to vacate the street right-of-way f
first reading. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed: Number:
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PUBLIC AGENDA
PETITION NUMBER 3598 was filed by Salina Presbyterian Manor Committee,
by H. W. Steele, for the annexation of the Southwest Quarter of the Southeast
Quarter of Section 17, Township 14 South, Range 2 West, Saline County, Kansas.
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 3599 was filed by Salina Presbyterian Manor Committee,
by H. W. Steele, for the rezoning of the Southwest Quarter of the Southeast
Quarter of Section 17, Township 14 South, Range 2 West, from Agricultural to
District "C" (Apartment House District). A motion was made by Commissioner
Duckers, seconded by Commissioner Weisgerber to refer the petition to the City
Planning Commission. Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3600 was filed by Kenneth Nordboe for the approval of
the plat of Nord Subdivision. 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.
A LETTER was received from the Salina Board of Realtors, Inc., with
its resolution requesting that the Salina City Commission act expeditiously to
pass the proposed zoning ordinance; continue to pursue the establishment of a
Metropolitan Planning Commission; and consider the appointment of a Home
Builder, a Realtor, and an attorney at law as members of the Salina Planning
Commission. A motion was made by Commissioner Caldwell, seconded by Commissioner
Usher to accept the letter and resolution. Ayes: (5). Nays: (0). Motion
carried.
A LETTER was received from the Home Builders Association of Salina,
Inc., with its resolution that the Salina City Commission act expeditiously to
pass the proposed zoning ordinance; continue to pursue the establishment of a
Metropolitan Planning Commission; and consider the appointment of a Home Builder,
a Realtor, and an attorney at law as members of the Salina Planning Commission.
A motion was made by Commissioner Weisgerber, seconded by Commissioner Duckers
to accept the letter and resolution. Ayes: (5). Nays: (0). Motion carried.
Mr. C. R. Nicholson, was present and asked the Commissioners to
consider his application for the transfer of location of his cereal malt beverage
license.
A motion was made by Commissioner Duckers, seconded by Commissioner
Usher to add the Cereal Malt Beverage License application to the agenda for
consideration. Ayes: (5). Nays: (0). Motion carried.
THE COMMISSIONERS considered a Cereal Malt Beverage License application
filed by C. R. Nicholson, d/b/a Peacock II, for the transfer of location from
624 Reynolds to 116 South Broadway. The City Clerk reported the application
has been approved by the Zoning Officer, and the Health Department gave its
approval today. A motion was made by Commissioner Duckers, seconded by Commissio
Usher to approve the transfer of location. Ayes: (5). Nays: (0). Motion
carried.
COMMISSION AGENDA
The Commissioners did not bring anything to the floor for discussion.
A MOTION was made by Commissioner Duckers, seconded by Commissioner
Caldwell that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (5). Nays: (0). Motion carried.
D. L. Harrison, City Clerk
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City of Salina, Kansas
Special Meeting of the Board
of Commissioners
November 26, 1976
The Special Meeting of the Board of Commissioners met in the CommissionE
Room, City -County Building, on Friday, November 26, 1976, at Ten O'clock A.M.
for the purpose of discussing the procedure for the selection of an architect
for the Bicentennial Community Center.
There were present:
Mayor Gerald F. Simpson, Chairman presiding
Commissioner Keith G. Duckers
Commissioner W. M. Usher
Commissioner Jack Weisgerber
comprising a quorum of the Board, also:
Norris D. Olson, City Manager
Ron Barta, Assistant City Attorney
D. L. Harrison, City Clerk
Absent:
Commissioner Robert C. Caldwell
L. O. Bengtson, City Attorney
Mayor Simpson commented, "Following the bond election I was asked
what the first step would be and I said we would set about selecting an architect
for the center. Subsequent to that time I was contacted by Max Bishop who had
a contract with the City of Salina in 1968 when the concept was first being
developed. Mr. Bishop indicated he felt he still had a contract with the city;
so I think in order to expedite the project it is necessary, and in fairness
to all parties involved, to settle this question. I would like to have the
opportunity to meet with our counsel to pursue the matter."
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Usher to recess to executive session to discuss the issue with the attorney.
Ayes: (4). Nays: (0). Motion carried.
The Commissioners recessed at 10:09 A.M. and reconvened at 10:35 A.M.
Mayor Simpson asked the Assistant City Attorney to give his recommenda
as to how the City Commission should pursue this matter.
Mr. Barta said, "Based on discussions we have had and the questions
that have arisen under this contract, I feel that the best and quickest solution
to resolving these questions would be to submit the question to the District
Court of Saline County, Kansas for a determination under what is called a
declaratory judgement action, and that the parties would then abide by that
decision as rendered."
Mayor Simpson asked when this action could be started?
Mr. Barta replied it could be started by Monday, if that is the wish
of the Commission.
Commissioner Duckers asked about the timetable for this action.
Mr. Barta replied it would be somewhere from 30 to 60 days.
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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 26th day of November, 1976, at 10:00 A.M. for the purpose of discussing
the procedure for the selection of an architect for the Bicentennial Community
Center.
Dated this 26th day of November, 1976.
Commissioners
A motion was made by Commissioner Usher, seconded by Commissioner
Duckers to instruct the Assistant City Attorney to prepare the necessary
papers for the action. Ayes: (4). Nays: (0). Motion carried.
A MOTION was made by Commissioner Usher, seconded by Commissioner
Duckers that the special meeting of the Board of Commissioners be adjourned.
Ayes: (4). Nays: (0). Motion carried.
D. L. Harrison, City Clerk
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