12-20-1976 Minutes1.41
City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
December 20, 1976
The Regular Meeting of the Board of Commissioners met in the Commissioner
Room, City -County Building, on Monday, December 20, 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 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:
Commissioner W. M. Usher
The Minutes of the Regular Meeting December 13, 1976 were approved as
printed.
STAFF AGENDA
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
providing for filing fees for zoning certificate, occupancy certificate, variance,
conditional use permit or amendment, or the filing of a notice of appeal, pursuant
to the zoning ordinance of the City of Salina, Kansas; enacting Section 27-4 of
the Salina Code." A motion was made by Commissioner Duckers, seconded by
Commissioner Caldwell to adopt the ordinance as read and the following vote was
had: Ayes: Caldwell, Duckers, Weisgerber, Simpson (4). Nays: (0). Commissioner
Usher absent. The Mayor approved the ordinance and it is numbered 8527. The
ordinance was introduced for first reading December 13, 1976.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
providing for the vacation of certain easements in Block Eight (8), Key Acres
Addition to the City of Salina, Saline County, Kansas." A motion was made by
Commissioner Weisgerber, seconded by Commissioner Duckers, to adopt the ordinance
as read and the following vote was had: Ayes: Caldwell, Duckers, Weisgerber,
Simpson (4). Nays: (0). Commissioner Usher absent. The Mayor approved the
ordinance and it is numbered 8528. The ordinance was introduced for first
reading December 13, 1976.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
ordering the condemnation and appropriation of certain land in Saline County,
Kansas, for construction of a sludge disposal pond and attendant facilities, all
as authorized by K.S.A. 13-1023, and amendments thereto, and pursuant to the
Eminent Domain Procedure Act, K.S.A. Chapter 26, and amendments thereto, as the
same relates to condemnation by cities and further pursuant to Resolution Number
3301 of the City of Salina, Kansas." A motion was made by Commissioner Caldwell,
seconded by Commissioner Weisgerber to adopt the ordinance as read and the
following vote was had: Ayes: Caldwell, Duckers, Weisgerber, Simpson (4).
Nays: (0). Commissioner Usher absent. The Mayor approved the ordinance and
it is numbered 8529. The ordinance was introduced for first reading December 13,
1976.
142
THE STAFF reported on the request from the Housing Authority for
$50,000.00 for a winterization/weatherization program. (Tabled December 13,
1976)
Mr. Rawlings reported he has visited with some local insulation
contractors and the area HUD office, and recommends, if the Commission wishes to
initiate the program this winter, not to amend the 3rd year application at this
point, but rather have it taken out of the first two CD grants. He said there
are a couple of options, either earmark $50,000 from $190,000 rehabilitation
with the possible idea of replacing that at a later time or pulling $50,000 out
of local option money and adding it to the rehabilitation. He said the staff
would like to go into more detail on preferences at the meeting called for
tomorrow at 2 p.m.
After discussion on how to proceed with action on the request, a
motion was made by Commissioner Weisgerber, seconded by Commissioner Duckers to
delay action on allocation of funds until the Special Meeting to be held December
21st, at 2 p.m. Ayes: (4). Nays: (0). Motion carried.
THE COMMISSIONERS considered an ordinance making it unlawful to conduct
a bankrupt, quitting business or similar type sale within the City of Salina,
without first obtaining a license therefor.
The City Attorney explained the ordinance is patterned after similar
ordinances of McPherson and Wichita, and that they should specify the number of
days to be allowed for the liquidation sale, and the amount of the license fee.
The staff and commissioners discussed how the ordinance would be
enforced, the number of days to be allowed for the sale, the beginning inventory
required, the collection of personal property tax at the time of the sale.
Mr. Harris suggested a copy of the proposed ordinance be furnished to
several types of merchants and the Retail Activities Committee of the Salina
Area Chai-I)er of Commerce to get their reaction to it to point out possible
problems.
A motion was made by Commissioner Duckers, seconded by Commissioner
Caldwell to introduce the ordinance for first reading establishing the sale
should not exceed 60 days for a fee of $45.00 and for a renewal license for an
additional period of 30 days and $30.00, and under Section 3 the City Clerk
shall renew a license for an additional 30 days on in addition to the original
60 days, permitted in the original license not to exceed 90 calendar days.
Section 4 under time limitation such license shall not be issued to any one
person for a longer period of time than 90 days. Ayes: (4). Nays: (0). Motion
carried.
Ordinance Passed: Number:
THE CITY ENGINEER filed a feasibility report for street and utility
improvements in Dow Addition, as requested in Petition Number 3603 which was
filed by Clinton Bowers. A motion was made by Commissioner Weisgerber, seconded
by Commissioner. Caldwell to accept the feasibility report as filed. Ayes: (4).
Nays: (0). Motion carried.
PUBLIC AGENDA
PETITION NUMBER 3608 was filed by Gary L. Gorrell, for the rezoning of
Lot 1 and the West 90 feet of Lot 2, Block 2, Tucker Park Addition to the City
of Salina, Saline County, Kansas, from District "A" (Second Dwelling House
District) "R" (Single Family Residential District) to District "C" (Apartment
House District) "R-2" (Multi -Family Residential District). A motion was made by
Commissioner Weisgerber, seconded by Commissioner Caldwell to refer the petition
to the City Planning Commission. Ayes: (4). Nays: (0). Motion carried.
1
1977 CEREAL MALT BEVERAGE LICENSE APPLICATIONS
RENEWAL APPLICATIONS
Harlan C. Rimmerman
Harlan C. Rimmerman
Taco Tico, Inc.
Elaine M. Hawk
Londa R. Woodin
Jimmie G. Mar
Fraternal Order of Eagles
Gary L. Partridge
Garland EI Hill
Dale Blocker
Music Box Cabaret, Inc.
Eldene Diaz
Margaret Musgrove
Salina Moose Lodge #721
Leonard J. Dahl
Salina Lodge #718 B.P.O.E.
Lorraine and Robert Albers and
Gibson Products Company, Inc.
Wise Enterprises, Inc.
Jerry D. Dumas
The Lighthouse, Inc.
C. R. Nicholson
Veterans of Foreign Wars Post
Columbian Home Association
(Knights of Columbus)
Robert G. Graybeal
Gas -A -Way, Inc. #80
NEW APPLICATIONS
Michael Gryn
Wyn A. Titus
Mary A. Martin
1300 East Iron
127 South Santa Fe
916 East Crawford
144 South Fifth
616 North Broadway
712 South Broadway
146 North Seventh
260 Smither
1601 North Ninth
347 North Seventh
925 West Lincoln
1409 West Crawford
340 North Twelfth
1700 Beverly Drive
540 Willis
124 North Seventh
Gayle Leister 1111 West South
321 South Broadway
409 South Broadway
1300 South Santa Fe
671 South Broadway
116 South Broadway
1432 1108 West Crawford
115 North Tenth
1012 North Broadway
842 North Santa Fe
1329 East Iron
244 South Sbnta Fe
605 East Crawford
1
143
PETITION NUMBER 3609 was filed by Connie Schmidt for the installation
of a sidewalk on the east side of Ohio Street adjacent to Lot 1, Block 1,
Mayfair Addition to the City of Salina. A motion was made by Commissioner
Duckers, seconded by Commissioner Weisgerber to refer the petition to the City
Engineer for a report. Ayes: (4). Nays: (0). Motion carried.
A REQUEST was received from Sunset Plaza, Inc., by Dan Bolen for
recessed parking at the southeast corner of Sunset Plaza similar to the recessed
parking to the north of 708-714 Plaza Drive. This will require removal of
approximately 110 feet of curb and gutter starting at a point approximately 50
feet north of the southeast corner of Lot 16, Block 6, Sunset Manor Addition,
then due north approximately 110 feet. A motion was made by Commissioner Caldwell,
seconded by Commissioner Weisgerber to refer the request to the City Engineer
for a recommendation. Ayes: (4). Nays: (0). Motion carried.
A LETTER was received from Larry Justus, Salina Cable T.V. System,
Inc., to appear at the Commission meeting to discuss amendments to and renewal
of Ordinance Number 6291 granting a franchise to Salina Cable TV Systems, Inc.
Mr. Justus was present and explained that the FCC required that all
cable tv systems file for a certificate of compliance before March 1977, and
since their franchise expires in December 1978 he asked that amendments to their
franchise be made at this time to make that in compliance with the federal
requirements and at the same time renew the franchise for a 15 year period. He
presented the Commissioners with a proposed ordinance for their consideration.
Mr. Bengtson recommended that the City Commissioners take the proposed
ordinance under advisement, so that the legal department will have an opportunity
to make its suggestions to the Commissioners.
A motion was made by Commissioner Duckers, seconded by Commissioner
Weisgerber to refer the proposed ordinance to the legal department. Ayes: (4).
Nays: (0). Motion carried.
A LIST of Twenty-nine cereal malt beverage license applications for
1977 was considered by the Board of Commissioners. There were 26 renewals and
3 new applications, 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 Weisgerber to approve the license applications
and authorize the City Clerk to issue the licenses. Ayes: (4). Nays: (0).
Motion carried.
COMMISSION AGENDA
The City Attorney asked the Commissioners to consider an item not on
the agenda. He said, "Some time ago in regards to our water and sewage treatment
improvements we did ask the First Securities Company of Wichita to make a feasibility
study as to the needs, as to our rates, and to their recommendations in regards j
to financing it. Mr. Larry McKown is here today and he does have a report to
submit to you and explain at this time."
I
A motion was made by Commissioner Duckers, seconded by Commissioner
Weisgerber to place the item on the agenda for consideration. Ayes: (4). Nays:
(0). Motion carried.
Mr. Larry McKown, First Securities Company of Wichita, explained the
report. According to the list of projects: Water Treatment Plant Sludge Disposal
Facilities, South Santa Fe Avenue Main, West Crawford Main, East Crawford Main,
North Fourth Main, Northwest Main, North Elevated Tower, South Ohio Main, it is
necessary to issue $3,000,000.00 in Revenue Bonds, and to raise the water and
sewer rates 400. He explained that the revenue has been increasing 5% a year
and the expenditures have been increasing 10% a year over the last five years.
144
A motion was made by Commissioner Duckers, seconded by Commissioner
Weisgerber to accept the feasibility report as filed and to introduce an ordinanc
for first reading authorizing 15 days notice to be given of the intention of the
City of Salina, Kansas, to repair, alter, extend, reconstruct, enlarge and
improve its water and sewerage system. Ayes: (4). Nays: (0). Motion carried.
Ordinance Passed:
Number:
Commissioner Caldwell said he would like to have the City and County
meet to discuss a City -County Human Relations Commission, and that possibly it
could be an item for the Tri -Governmental Council.
A LETTER was received from Commissioner Caldwell resigning from the
Board of City Commissioners to be effective December 21, 1976. A motion was
made by Commissioner Duckers, seconded by Commissioner Weisgerber to accept his
resignation and offer him the Commission's very best wishes in his new governmen
endeavors. Ayes: (3). Nays: (0). Motion carried.
Mayor Simpson thanked Commissioner Caldwell, on behalf of the community,
for his service on the City Commission for these past several years, and for his
terms as Mayor.
Commissioner Caldwell said he appreciated that, and he will always
have the city in mind.
A MOTION was made by Commissioner Weisgerber, seconded by Commissioner
Duckers that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (4). Nays: (0). Motion carried.
D. L. Harrison, City Clerk
1
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
21st day of December, 1976, at 2:00 P.M. for the purpose of Discussing the
First, Second and Third Year Community Development Applications.
Dated this 21st day of December, 1976.
Commissioners