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02-07-1977 Minutes12 1 City of Salina, Kansas Regular Meeting of the Board of Commissioners February 7, 1977 The Regular Meeting of the Board of Commissioners met in the Commission s' Room, City -County Building, on Monday, February 7, 1977, 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 Karen M. Graves 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 Keith G. Duckers The Minutes of the Regular Meeting of January 31, 1977, were approved as printed. THE MAYOR PROCLAIMED the Week of February 6 - 12, 1977 - "PROFESSIONAL NURSES' WEEK". The proclamation was read by Sister Janice Koelzer, Associate Professor of Nursing at Marymount College. THE MAYOR PROCLAIMED the Week of February 6 - 12, 1977 - "NATIONAL OFFICE EDUCATION ASSOCIATION WEEK". The proclamation was read by Teresa Streit, OEA Student. 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 the North 50 feet of Lot 1, and all of Lot 2, Block 1, Waters Subdivision from District "A" (Second Dwelling House District) "RS" (Single Family Residential District) to District "D" (Local Business District) "C-5" (Service Commercial District) and the rezoning of Lots 3, 4, 5, Block 1, Waters Subdivision from District "A" (Second Dwelling House District) "RS" (Single Family Residential District) to District "C" (Apartment House District) to "R-3" (Multiple Family Residential District), as requested in Petition Number 3605 ,which was filed by Waters Realty.) A motion was made by Commissioner Usher, seconded by Commissioner Graves to adopt the ordinance as read and the following vote was had: Ayes: Weisgerber, Graves, Usher, Simpson (4). Nays: (0). Commiss oner Duckers absent. The Mayor approved the ordinance and it is numbered 8541. The ordinance was introduced for first reading January 24, 1977. 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 Lot 1 and the West 90 feet of Lot 2, Block 2, Tucker Park Addition, from District "A" (Second Dwelling House District) "R" (Single Family Residential District) to District "B" (Two -Family Dwelling House District) "R-2" (Multiple Family Residential District), as requested in Petition Number 3608 which was filed by Gary Gorrell) A motion was made by Commissioner Graves, seconded by Commissioner Weisgerber to adopt the ordinance as read and the following vote was had: Ayes: Weisgerber, Graves, Usher, Simpson (4). Nays: (0). Commissioner Duckers absent. The Mayor approved the ordinance and it is numbered 8542. The ordinance was introduced for first reading January 24, 1977. 1 1 1 73 AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE authorizing the City of Salina, Kansas, to acquire the real property hereinafter described and to construct and purchase buildings, improvements, machinery and equipment to be leased to Bruce E. Roberts, Nathan B. Butcher, Robert L. Bader, Robert P. Selm, Robert E. Crawford, Lewis C. Crawford, Robert F. Sykes, John D. Smutz, and Craig A. Roberts, Partners, doing business under the firm name and style of Wilson & Company Engineers and Architects ("Company"), authorizing and directing issuance of $320,000 principal amount of Industrial Revenue Bonds, Series of 1977, of said city for the purpose of providing funds to pay the cost of acquiring the real property hereinafter described and to construct and purchase buildings, improvements, machinery and equipment to be leased to the company, and prescribing the form and authorizing the execution of a lease by and between said City and the Company." A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to adopt the ordinance as read and the following vote was had: Ayes: Weisgerber, Graves, Usher, Simpson (4). Nays: (0). Commissioner Duckers absent. The Mayor approved the ordinance and it is numbered 8543. The ordinance was introduced for first reading January 31, 1977. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authoriz and ordering certain curbing, guttering, paving and grading, water main and services, and sanitary sewer improvements, ordering preparation of plans and specifications and the estimate of costs." (Improvements in Victoria Heights Addition, requested in Petition Number 3506 which was filed by Phil Martin - Engineering Project 77-613.) A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to adopt the Resolution as read and the following vote was had: Ayes: Weisgerber, Graves, Usher, Simpson (4). Nays: (0). Commissioner Duckers absent. Carried. The Mayor approved the Resolution and it is numbered 3306. THE CITY ENGINEER filed a feasibility report for street and utility improvement in part of Park West Addition, as requested in Petition Number 3607 which was filed by Kenneth W. Wasserman. A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to accept the feasibility report as filed by the City Engineer. Ayes: (4). Nays: (0). Motion carried. THE CITY ENGINEER filed a feasibility report for water and sewer improvements to serve Blocks 3, 6, 10, Mayfair Addition, as requested in Petition Number 3614 which was filed by Ray Cardwell. A motion was made by Commissioner Graves, seconded by Commissioner Weisgerber to accept the feasibility report as filed by the City Engineer. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the Citizens' Advisory Committee recommending that, "An emergency grant program be initiated under the current Housing Conservat effort. "The program would be designed to correct problems affecting the immediate health and safety of low-income, owner -occupants. It was decided that the eligility of each case would have to be handled by the staff and judged on its individual merit. It was also decided that after a case had been completed, it should be presented to the Finance Board for their concurrence." A motion was made by Commissioner Usher, seconded by Commissioner Graves to accept the Citizens' Advisory Committee report. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of the final plat of Country Club Estates Addition Number 3, as requested in Petition Number 3386 which was filed by Roy Presley. A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to accept the recommendation of the City Planning Commission and approve the final plat of Country Club Estates Addition Number 3, and authorize the Mayor to sign the plat. Ayes: (4). Nays: (0). Motion carried. 1%4 A LETTER was received from the City Planning Commission recommending the amendment and approval of Petition Number 3612 which was filed by George Etherington. The Planning Commission recommends the rezoning of Lots 7, 8, 10, 14, Block 1, Replat of Lot 1, Block 1, Country Hills Addition Number 2 from District "C" (Apartment House District) "R-3" (Multiple Family Residential District) to District "A" (Second Dwelling House District) "R" (Single Family Residential District) and the rezoning of Lots 1, 5, 6, 11, 12, 13, Block 1, Replat of Lot 1, Block 1, Country Hills Addition Number 2 from District "C" (Apartment House District) "R-3" (Multiple Family Residential District) to District "B" (Two -Family Dwelling House District) "R-2" (Multiple Family Residen District). A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to accept the recommendation of the City Planning Commission and approve the rezoning, and to introduce the rezoning ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending the denial of Petition Number 3615 which was filed by William R. Umphrey for the rezoning of Lots 33 and 35, Block 3, Van Trines Addition from District "B" (Two - Family Dwelling House District) "R-2" (Multiple Family Residential District) to District "C" (Apartment House District) "R-3" (Multiple Family Residential District). A motion was made by Commissioner Graves, seconded by Commissioner Usher to accept the recommendation of the City Planning Commission and deny the petition. Ayes: (4). Nays: (0). Motion carried. PUBLIC AGENDA PETITION NUMBER 3621 was filed by Doyle E. Yockers for streets, sewer and water to service all of the remaining lots in Blocks 34, 37, 38, 39, 40, Key Acres 2nd Addition. A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to refer the petition to the City Engineer for a recommendati Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3622 was filed by Presley Builders by Roy Presley for paving, water, sanitary sewer, storm sewer for Lots 1 through 5, Block 1; Lots 1 through 4, Block 2; all of Block 3; and Lots 13 through 15, Block 4, Country Club Estates Addition Number 3. A motion was made by Commissioner Usher, seconded by Commissioner Graves to refer the petition to the City Engineer for a recommenda Ayes: (4). Nays: (0). Motion carried. SURETY ON BAIL BOND License applications for 1977 were filed by: Jack L. Kindlesparger, d/b/a B & K Bonding Eric Kindlesparger, agent for B & K Bonding Stephen M. Klingzell, agent for B & K Bonding The City Clerk reported the applicants have paid the required fee and have been fingerprinted by the Police Department, and that Jack Kindlesparger has the proper certification of appraisal on file. A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to approve the license applications and authorize the City Clerk to issue the licenses. Ayes: (4). Nays: (0). Motion carried. TREE TRIMMING License applications for 1977 were filed by: Marvin Reinert, d/b/a Reinert Tree Service, 118 South Broadway Lee Enyart, d/b/a Enyart Tree Service, Box 342, Bennington, Kansas Ronald J. Burt, d/b/a Burt Tree Care, Culver, Kansas The City Clerk reported the applicants have paid the required fee and have the required surety bond and certificate of public liability insurance on file. A motion was made by Commissioner Graves, seconded by Commissioner Usher to approve the license applications and authorize the City Clerk to issue tke licenses. Ayes: (4). Nays: (0). Motion carried. 11 n. ;1 1 75 TREE TRIMMING AND TRADING License application was filed by Fred Handlin, d/b/a Handlin and Son Tree Service, 831 North Santa Fe Avenue. The City Clerk reported the applicant has paid the required fee and has a state license number for pest control. He has a surety bond and certificate of public liability insurance on file. A motion was made by Commissioner Weisgerber, seconded by Commissioner Graves to approve the license application and authorize the City Clerk to issue the license. Ayes: (4). Nays: (0). Motion carried. A REQUEST was received from Ed Shepard, Executive Director of the Central Kansas Foundation for Alcohol and Chemical Dependency for $18,557.50 Revenue Sharing Funds, from the 8th entitlement period, to continue the Court Referral Program. He said the foundation will be requesting a like amount from the County's Revenue Sharing Funds. A motion was made by Commissioner Usher, seconded by Commissioner Graves to accept the request and to consider it when the Revenue Sharing funds become available. Ayes: (4). Nays: (0). Motion carried. COMMISSION AGENDA The Commissioners brought the following items to the floor for discussio6: Mayor Simpson announced that the City Commission received the decision of the District Court of Saline County, concerning a contract with Max Bishop, Architect, for a multi-purpose building. He read that the court finds that the subject contract is terminated, therefore the judgement is entered in favor of the plaintiff and against the defendant. He said on the basis of the judgement issued by the District Court, and in order to expedite the selection of an architectural firm on the Bicentennial Community Center, the Commission has set aside Thursday and Friday afternoons this week between 2 p.m. and 5 p.m. to interview prospective architectural firms for the project. Interested firms may contact the City Manager's office to schedule a time. Mayor Simpson reported that most of the Commissioners have had an opportunity to view Memorial Hall and requested that the staff evaluate that facility and prepare cost figures, and some program ideas. He also asked for some preliminary plans on the proposed center in Southwest Salina, in the Centenni Park area. Community Development funds are to be used for the development. Mr. Bengtson asked the Commissioners to put an ordinance on first reading to grant Cable TV a franchise, because it requires 3 readings. He suggested notice be given for public hearing to be held February 28th, and after the public hearing the ordinance could be put on third reading. A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to put the Cable TV ordinance on the agenda for consideration. Ayes: (4). Nays: (0). Motion carried. A MOTION was made by Commissioner Usher, seconded by Commissioner Weisgerber to introduce an ordinance for first reading entitled: "AN ORDINANCE of the City of Salina, Kansas, granting to Salina Cable T.V. System, Inc., a corporation, its successors, lessees and assigns, for a term of fifteen (15) years, the right, authority, power and franchise to establish, construct, acquire, maintain and operate a community antennae and closed-circuit electronic system within the City of Salina, Kansas, to render, furnish and sell community antennae and closed-circuit electronic service therefrom within the City of Salina, Kansas, and environs thereof, and to use and occupy the streets and other public places of the City of Salina, Kansas, for such community antennae and closed- circuit electronic system; and repealing Ordinance Number 6291." Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: 176 A MOTION was made by Commissioner Usher, seconded by Commissioner Weisgerber to set the date of February 28, 1977 as the date for a public hearing to grant a franchise to Cable TV, and instructed the City Clerk to publish a notice of the hearing. Ayes: (4). Nays: (0). Motion carried. Mr. Bengtson said the Commissioners have a matter of Industrial Revenue Bonds to be considered in executive session. A motion was made by Commissioner Usher, seconded by Commissioner Graves to recess into executive session to discuss a matter of Industrial Revenue Bonds. Ayes: (4). Nays: (0). Motion carried. The Commissioners recessed at 4:36 p.m. and reconvened at 5:44 p.m. Mayor Simpson stated they had reviewed a request for Industrial Revenue Bonds for a letter of intent and instructed the City Attorney to obtain additional invormation from the applicant. A MOTION was made by Commissioner Graves, seconded by Commissioner Weisgerber that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (4). Nays: (0). Motion carried. D. L. Harrison, City Clerk