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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. i 1 1 1 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 i 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 F� 1 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. 140 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