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12-06-1976 MinutesCity of Salina, Kansas Regular Meeting of the Board of Commissioners December 6, 1976 The Regular Meeting of the Board of Commissioners met in the Commission Room, City -County Building, on Monday, December 6, 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 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: Commissioner Robert C. Caldwell The Minutes of the Regular Meeting November 22, 1976, and the Special Meeting November 26, 1976, were approved as printed. The approval of the minutes of the Regular Meeting November 15, 1976 is delayed until Commissioner Caldwell returns to clarify a motion. THE MAYOR PROCLAIMED the Month of December, 1976 - "CIVIL AIR PATROL MONTH". The proclamation was read by Pat Barrett, C. A. P. Cadet. 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 8, 9, 10, Block 3, Riverview Addition from District "A" (Second Dwelling House District) to District "B" (Two -Family Dwelling House District) as requested in Petition Number 3593 which was filed by John J. Jaworsk. A motion was made by Commissioner Weisgerber, seconded by Commissioner Duckers to adopt the ordinance as read and the following vote was had: Ayes: Duckers, Usher, Weisgerber, Simpson (4). Nays: (0). Commissioner Caldwell absent. Carried. The Mayor approved the ordinance and it is numbered 8522. The ordinanc( was introduced for first reading November 22, 1976. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the vacation of a portion of Cherokee Drive, a public street in the City of Salina, Kansas. (Requested in Petition Number 3597 which was filed by Lyle Melvin, 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: Duckers, Usher, Weisgerber, Simpson (4). Nays: (0). Commissioner Caldwell absent. The Mayor approved the ordinance and it is numbered 8523. The ordinance was introduced for first reading November 22, 1976. A MOTION was made by Commissioner Duckers, seconded by Commissioner Usher to introduce an ordinance for first reading prescribing the corporate limits of the City of Salina, Kansas, including land described in Ordinance Numbers 8483, 8499, 8519, and repealing Ordinance Number 8464. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: •s' 1 1 1 1 1 1 A MOTION was made by Commissioner Usher, seconded by Commissioner Weisgerber to introduce an ordinance for first reading appropriating money from the various funds to pay payrolls and claims against the City of Salina, Saline County, Kansas, for the calendar year of 1977, as provided in Kansas Statutes Annotated 13-2601. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: A MOTION was made by Commissioner Duckers, seconded by Commissioner Usher to introduce an ordinance for first reading to regulate and restrict the use of land and the location of buildings and structures designed for specific uses; to regulate and restrict the location of trades and industries; to regulate and limit the height and bulk of buildings or structures hereinafter erected or altered; to regulate and limit the density of population; to regulate and restrict Planned Development Districts; to establish flood plain zones or districts, and to regulate and restrict the use thereof; to regulate and restrict the use of signs; to regulate and restrict off-street parking and loading; to regulate and restrict non -conforming uses; to divide the city into districts and establish, by references to a map, the boundaries of said districts for said purposes; to provide for a Board of Zoning Appeals and defining its powers and duties; to provide for enforcement and prescribing penalties for violations; to provide for amendments; to provide for permits and certificates of occupancy; defining certain terms; to provide for interpretation of this and other ordinances, laws or covenants, etc., relating to the same or similar subjects; to provide that if any clause, sentence, section, paragraph or part of this ordinance shall be held invalid, such invalidity shall not invalidate the remainder; to provide for the saving of all remedies of the City of Salina for violation of Ordinance Number 6613 and all amendments and supplements thereto, or any other previously existing zoning ordinances; to provide for the repeal of all other ordinances or parts of such ordinances in conflict with this chapter subject however, to the saving of existing remedies, as aforesaid; enacting Chapter 36 of the Salina Code and repealing Appendix A, of the Salina Code, the same being Ordinance Number 6613. Mr. Jim Geisendorf, President of the Salina Area Chamber of Commerce, read a prepared statement: "Dated December 6, 1976. To the City Commissioners, and Planning Commissioners. (1). In view of the endeavor of the City and Planning Commissioners by good faith efforts to work out a compromise zoning ordinance, the Salina Area Chamber of Commerce, with the concurrence of its counsel, concluded to abandon opposition to the revised zoning ordinance. (2). While the Chamber was not successful in procuring all the desired changes, it is deemed to be in the public interest to let the matter rest. (3). The Chamber appreciates the efforts of its members and of the City and Planning Commissions in fostering changes in the original ordinance for the betterment of the economic life of the city and its inhabitants." Mayor Simpson thanked Mr. Geisendorf and the membership of the Chamber for the many hours of input and study that went into this proposal. Mr. Geisendorf thanked the City Commissioners, Planning Commissioners. Mayor Simpson also thanked the League of Women Voters, the Audobon Society, the Board of Realtors, the Home Builders Association, and other intereste4 parties that have been involved in this ordinance. Mayor Simpson asked if anyone in the audience wished to speak to the subject at this time. Mr. Bill Scholl asked the meaning of "Certificate of Occupancy" and if it means you have to have a certificate of occupancy to occupy a dwelling? Mr. Rawlings explained a certificate of occupancy is required to occupy new dwellings when construction is completed. Mayor Simpson called for a vote on the motion to introduce the zoning ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: Mayor Simpson gave a special thanks to the Planning Commission for their hours and months of work on this proposed ordinance. A RESOLUTION was introduced and passed entitled: "A RESOLUTION determin- it necessary to appropriate private property for the use of the City of Salina, Kansas, for the purpose: of constructing and maintaining a sludge disposal pond and attendant facilities and authorizing and directing Wilson & Company, Engineer to make a survey and description of the land necessary for such purposes." Mr. Bengtson explained the city has been unsuccessful in negotiations for the purchase of the desired land and this resolution authorizes making a survey to obtain the legal description of the land so condemnation proceedings can be commenced. A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to adopt the Resolution as read and the following vote was had: Ayes: Duckers, Usher, Weisgerber Simpson (4). Nays: (0). Commissioner Caldwell absent. The Mayor approved the Resolution and it is numbered 3301. THE CITY ENGINEER filed a feasibility report for street and utility improvements in Key Acres 2nd Addition, as requested in Petition Number 3571, which was filed by Salina Development Company, by Doyle Yockers, President. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to approve the feasibility report as filed. Ayes: (4). Nays: (0). Motion carried. PUBLIC AGENDA PETITION NUMBER 3601 was filed by William R. Umphrey and Ella Umphrey for the vacation of certain utility easements in Block 8, Key Acres Addition; and the dedication of a utility easement in Block 8, Key Acres Addition. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to refer the petition to the City Engineer for a recommendation. Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3602 was filed by James R. Ward for the annexation of that portion of the NE -14 SW4 of Section 36, T 13 S, R 3 W, which lies north of the right-of-way of Interstate 70. (5.1 acres, more or less). A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to refer the petition to the City Planning Commission for a recommendation. Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3603 was filed by Clinton Bowers for street, curb and gutter on Minneapolis from Ohio to Courtney Drive. Sanitary sewer to serve Block 2 and water service to serve the South 2 of Block 2, all in Dow Addition. A motion was made by Commissioner Duckers, seconded by Commissioner Usher to refer the petition to the City Engineer for a recommendation. Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3604 was filed by A. B. Seelye Company, Inc., by George Etherington, for the acceptance of a deed to Lot 1, Block 14, Riker Manor Addition, to enable the city to have absolute control of drainage ditch located on said lot. A motion was made by Commissioner Duckers, seconded by Commissioner Weisgerber to refer the petition to the City Engineer for a recommendation. Ayes: (4). Nays: (0). Motion carried. Petition Number 3605 was filed by Waters Realty, for the rezoning of the North 50 feet of Lot 1, and all of Lot 2, Block 1, Waters Subdivision from District "A" (Second Dwelling House District) to District "D" (Local Business District); and the rezoning of Lots 3, 4, 5, Block 1, Waters Subdivision 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 refer the petition to the City Planning Commission. Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3606 was filed by G & K, Inc., by George C. Etherington for the approval of the replat of Dow Addition. A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to refer the petition to the City Planning Commission for a recommendation. Ayes: (4). Nays: (0). Motion carried. k COMMISSION AGENDA The Commissioners did not bring anything to the floor for discussion. A MOTION was made by Commissioner Duckers, seconded by Commissioner Usher that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (4). Nays: (0). Motion carried. C D. L. Harrison, City Clerk 1 I3