02-07-1977 Minutes12
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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.
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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.
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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.
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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