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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: s' 7-1 L 1 1 1 1 1 129 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 1 ,30 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. :s' � I 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 1 1 131