12-13-1976 Minutes136
City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
December 13, 1976
The Regular Meeting of the Board of Commissioners met in the
Commissioners' Room, City -County Building, on Monday, December 13, 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 Robert C. Caldwell
Commissioner Keith G. Duckers
Commissioner W. M. Usher
Commissioner Jack Weisgerber
comprising a quorum of the Board, also:
L. O. Bengtson, City Attorney
Norris D. Olson, City Manager
D. L. Harrison, City Clerk
Absent:
None
Mayor Simpson said, "I might clarify the request on November 15th
minutes, concerning the motion regarding the release of the air rights on the
property north of the old municipal airport. I checked with Commissioner
Caldwell and this was the intent of his motion and I would like to have the
minutes reflect that." The minutes of the November 15th meeting were approved
as amended, and the minutes of the December 6th meeting were approved as printed.)
STAFF AGENDA
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
prescribing the corporate limits of the City of Salina, Kansas, including land
described in Ordinance Numbers 8483, 8499, 8519, and repealing Ordinance Number
8464.1' A motion was made by Commissioner Usher, seconded by Commissioner
Duckers to adopt the ordinance as read and the following vote was had: Ayes:
Caldwell, Duckers, Usher, Weisgerber, Simpson (5). Nays: (0). Carried. The
Mayor approved the ordinance and it is numbered 8524. The ordinance was introdu
for first reading December 6, 1976.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
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." A motion was made by Commissione
Duckers, seconded by Commissioner Caldwell to adopt the ordinance as read and
the following vote was had: Ayes; Caldwell, Duckers, Usher, Weisgerber, Simpson
(5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered
8525. The ordinance was introduced for first reading December 6, 1976.
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AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE 1
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 invalidated
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,j
or any other previously existing zoning ordinances; to provide for the repeal of
all other ordinances or parts of such ordinance 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."
The Commissioners considered a letter from the Planning Director
recommending the inclusion of banks and financial instituions as a conditional
use in District C-1 (Restricted Business District); and the reclassification of
all property within the boundary of the Northeast Industrial Park to District
I-2 (Light Industrial District), with the exception of the following properties
which will be zoned C-1 (Restricted Business District): 1. Lots 37 through 47,
Second Street, Original Townsite; 2. Lots 19 through 24, Front Street, Original
Townsite; 3. Lots 1 through 6, Block 5, Northeast Industrial Park, all in the
City of Salina, Saline County, Kansas.
A motion was made by Commissioner Caldwell, seconded by Commissioner
Weisgerber to adopt the ordinance as amended and the following vote wad had:
Ayes: Caldwell, Duckers, Usher, Weisgerber, Simpson (5). Nays: (0). Carried.
The Mayor approved the ordinance and it is numbered 8526. The ordinance was
introduced for first reading December 6, 1976.
A LETTER was received from the City Planning Commission recommending
the adoption of the following fee schedule: (Fee Schedule is required in Ordinance
Number 8526.)
Type of Application Proposed Fee
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Amendment (Rezoning)
Conditional Use Permit (Exception)
Appeal
Variance
Zoning Certificate, (including occupancy certificate)
Section 9-25 of the Salina Code
Occupancy Certificate
Zoning Certificate (Sign Permit)
Planned Development District
Preliminary Development Plan
Final Development Plan
(each Geographic Area Requested)
Other requests to Planning Commission
$100.00
30.00
20.00
50.00
No change
5.00
No change
60.00
20.00
20.00
A motion was made by Commissioner Usher, seconded by Commissioner
Duckers to accept the fee schedule as submitted, and to introduce the ordinance
for first reading to establish these fees. Ayes: (5). Nays: (0). Motion
carried.
Ordinance Passed: Number:
THE CITY ENGINEER reported on Petition Number 3601 which 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 certain utility easements
in Block 8, Key Acres Addition, that the request concerns the movement of a
utility easement three feet west of its present location to clear an existing
house, and will not effect the utilities that are presently using it, and recamme7
approval of the vacation and dedication of easements as requested. A motion was
made by Commissioner Usher, seconded by Commissioner Caldwell to accept the
recommendation of the City Engineer and approve the dedication of a certain
easement in Block 8, Key Acres Addition, and to introduce an ordinance for first
reading for the vacation of certain utility easements in Block 8, Key Acres
Addition. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed:
Number:
THE CITY ENGINEER reported on the sufficienty of Petition Number 3603
which was filed by Clinton Bowers for street and utility improvements on Minneapo:
from Ohio Street to Courtney Drive, that the signatures on the petition represent
63% of the benefit district, and it is therefore a valid petition. A motion was
made by Commissioner Duckers, seconded by Commissioner Usher to accept the
Engineer's report and approve the petition. Ayes: (5). Nays: (0). Motion
carried.
THE CITY ENGINEER reported on Petition Number 3604 which was filed by
A. B. Seelye Company, Inc., by George C. Etherington for the city to accept a
deed to Lot 1, Block 14, Riker Manor Addition, that, "The city has an open
channel through Riker Manor Addition to handle the storm water in the area. In
the planning of this channel, it was necessary to construct it across Lot 1,
Block 14, of said addition. This channel runs diagonally across this lot and
uses 70% of this surface area eliminating the use of this lot for building
purposes.
"It would be my recommendation that the City acquire as much of the
property as possible through which this channel flows to control the storm
drainage in this area and certainly recommend acceptance of the deed to this
property."
A motion was made by Commissioner Caldwell, seconded by Commissioner
Weisgerber to accept the City Engineer's recommendation and accept the deed to
Lot 1, Block 14, Riker Manor Addition, from A. B. Seelye Company, Inc. Ayes:
(5). Nays: (0). Motion carried.
THE CITY ENGINEER filed a feasibility report for street and utility
improvements in part of Wallerius Addition and part of the South half of the
Southeast Quarter of Section 26, Township 14 South, Range 3 West, as requested
in Petition Number 3582 which was filed by Larry Marshall, and Petition Number
3591 which was filed by Max McClintock. A motion was made by Commissioner
Duckers, seconded by Commissioner Usher to accept the feasibility report as
filed. Ayes: (5). Nays: (0). Motion carried.
A LETTER was received from the Housing Authority of Salina, Kansas,
requesting that the City Commission amend the 3rd year Community Development
application to provide for the development/implementation of a winterization/
weatherization program for the City of Salina for 1977, in the amount of
$50,000.00.
A motion was made by Commissioner Caldwell to accept the report from
the Housing Authority. "If we don't it is going to be a little late."
Commissioner Usher asked for some discussion.
The Commissioners, staff, and members of the Housing Authority discusse
the program, the availability of funds on the 3rd year application, and if the
program is a duplication of the rehabilitation program.
A motion was made by Commissioner Usher, seconded by Commissioner
Caldwell to table the request and instruct the staff to explore the winterization
program and report back next Monday; also to check on the availability of
contractors to do the job. Ayes: (5). Nays: (0). Motion carried.
_s
1977 CEREAL MALT BEVERAGE LICENSE APPLICATIONS
RENEWAL APPLICATIONS
Safeway Store #700
1808
South 9th
Dillon Companies, Inc. Store #41
1201
West Crawford
Dillon Companies, Inc. Store #27
511
East Iron
Dillon Companies, Inc. Store #53
2012
South Ohio
Weeks, Inc.
505
South Santa Fe
Josephine F. Peterson
433
South Broadway
Kathryn C. Pickering
108
North 7th
R. W. Pruitt
1041
East Iron
Verlyn W. Hawk
736
North Santa Fe
New Holiday Bowl
1125
West South
Salina Bowling Co., Inc.
624
South Broadway
Ronald P. and Alvin L. Thompson
1416
South Santa Fe
Triplett Standard Service
2218
North 9th
Falley's, Inc. #8
901
West Crawford
Nash Finch Company
1740
West Crawford
Janis C. Hawk
701
North Broadway
Salina Country Club
2101
Country Club Road
Mary Lee Baird
328
South Broadway
Larry J. Abker
120
East Diamond Drive
Straw Hat Pizza Palace
2030
South Ohio
Lloyd William Holmgren
600
South Broadway
Lloyd William Holmgren
1200
South Santa Fe
Landes Oil Company, Inc. #17
1019
East Prescott
Landes Oil Company, Inc. #15
418
East Iron
Landes Oil Company, Inc. #14
547
West Cloud
Landes Oil Company, Inc. #11
1118
North 9th
Landes Oil Company, Inc. #1
802
West Crawford
Colleen Francisco
115
South Santa Fe
John P. Gunder
249
North Santa Fe
Waymire's Butcher Block
2530
South 9th
QuikTrip Corporation #302
2740
Belmont Boulevard
QuikTrip Corporation #303
1118
West Cloud
QuikTrip Corporation #304
1307
South Santa Fe
QuikTrip Corporation #305
1322
East Iron
Yankee Clipper of Salina, Inc.
732
South Broadway
Theodore J. Ludes
427
South Broadway
Ronald F. Faupel
1946
North 9th
Robert H., Ben E. and Ruby M. Vidricksen
716
North 12th
Robert H., Ben E. and Ruby M. Vidricksen
748
North Broadway
Labor Building Social Club, Inc.
2055
South Ohio
Chester E. Lawson
717
Bishop
Ruby M. Chrisbens
219
North Santa Fe
Robert J. Loersch and Dale Hayse
123
North 7th
Joe Hartman
407
West Diamond Drive
David A. Payne
2745
Belmont Boulevard
Steve M. Sterling
700
South Broadway
Hilton Inn
100
North 5th
The Inn Club
100
North 5th
Sirroco Oil Company, Inc.
1715
South 9th
Varvel Denny Draper
122
North Santa Fe
Norman Bird
301
North 9th
Keith W. Smedley
1019
North 9th
Lynn Sluder
601
North Broadway
American Legion
142
South 7th
Jimmie G. Mar (Coronado Club)
222
Diamond Drive
Jimmie G. Mar (Ramada Inn Restaurant)
222
Diamond Drive
NEW APPLICATION
Howard Lamer 145 North Phillips
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A LETTER was received from the Citizens' Advisory Committee, recommending
the approval of the 3rd year Community Development Application, and submission
to the Department of Housing and Urban Development.
The Commissioners discussed the possibility of a meeting to discuss
the entire CD program and decided to meet Tuesday, December 21, 1976 at 2:00
P.M.
A motion was made by Commissioner Duckers, seconded by Commissioner
Usher to table the approval of the 3rd year Community Development Application.
Ayes: (5). Nays: (0). Motion carried.
THE CITY COMMISSIONERS CONSIDERED an audit contract for the year
ending December 31, 1976. A motion was made by Commissioner Usher, seconded by
Commissioner Duckers to accept the proposal of Kennedy and Coe. Ayes: (5).
Nays: (0). Motion carried.
PUBLIC AGENDA
PETITION NUMBER 3607 was filed by Kenneth Wasserman, for the paving,
curbing and guttering for Armory Road commencing at Broadway Avenue and thence
westerly for a distance of approximately 550 feet all as shown on the plat of
Park West Addition. A motion was made by Commissioner Weisgerber, seconded by
Commissioner Usher to refer the petition to the City Engineer. Ayes: (5).
Nays: (0). Motion carried.
A REQUEST was received by the Central Kansas Foundation for Alcohol
and Chemical Dependency, for the City of Salina to make available $37,000.00 to
the proposed ASAP project for its initial implementation. These advanced funds
will be returned to the City after completion of the grant.
Mr. Ed Shepard was present and explained the program, the application
and that the filing deadline is December 14, 1976.
The Commissioners, staff and Mr. Shepard discussed the initial equipment
needed, salaries required for the program, how the program would be administered,
the availability of funds, when the program could be started, and the main
purpose of the program.
Chief Woody said it is a good program, and the city can benefit from
it, but it wouldn't spoil his Christmas if the City doesn't get its mind made up
before the filing deadline.
Mr. Harris suggested the application be held in abeyance to see if it
can be included in future revenue sharing funding.
A motion was made by Commissioner Usher, seconded by Commissioner
Duckers to refer this request to the City Manager for his continued investigation
and for a report to see if it could possibly get in this year's budget. Ayes:
(5). Nays: (0). Motion carried.
A LIST of fifty-seven cereal malt beverage license applications for
1977 was considered by the Board of Commissioners. There are 56 renewals and 1
new application, all of which have been approved by the Zoning Officer, Health
Department and the Police Department. A motion was made by Commissioner Duckers,
seconded by Commissioner Usher to approve the license applications and authorize
the City Clerk to issue the licenses. Ayes: (5). Nays: (0). Motion carried.
COMMISSION AGENDA
Mr. Bengtson asked the City Commissioners to add an ordinance to the
agenda for consideration concerning the condemnation of certain property for the
proposed sludge disposal facilities.
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A motion was made by Commissioner Duckers, seconded by Commissioner
Weisgerber to add the ordinance to the agenda for consideration. Ayes: (5).
Nays: (0). Motion carried.
A MOTION was made by Commissioner Duckers, seconded by Commissioner
Weisgerber to introduce an ordinance for first reading for the condemnation of
certain property for the sludge disposal pond and attendant facilities. Ayes:
(5). Nays: (0). Motion carried.
Ordinance Passed:
Number:
The Commissioners did not bring any other item to the floor for discussion.
A MOTION was made by Commissioner Weisgerber, seconded by Commissioner
Usher that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (5). Nays: (0). Motion carried.
D. L. Harrison, City Clerk