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:
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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.
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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.
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D. L. Harrison, City Clerk
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