05-12-1975 Minutes77
City of Salina, Kansas
Regular Meeting of the
Board of Commissioners
May 12, 1975
The Regular Meeting of the Board of Commissioners met in the
Commissioners' Room, City -County Building, on Monday, May 12, 1975, 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 Robert C. Caldwell, Chairman presiding
Commissioner Gerald F. Simpson
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 May 5, 1975 were approved as
printed.
THE MAYOR PROCLAIMED the Week Beginning May 25, 1975 - "SMALL BUSINESS
WEEK". The proclamation was read by Mr. Art Wilson of the Salina Area Chamber
of Commerce.
THE MAYOR PROCLAIMED the Week of May 11 through 17, 1975 - "NATIONAL
TRANSPORTATION WEEK". The proclamation was read by Mr. Art Wilson of the Salina
Area Chamber of Commerce.
STAFF AGENDA
A CHARTER ORDINANCE was introduced for second reading entitled: "A
CHARTER ORDINANCE exempting the City of Salina, Kansas, from the provisions of
K.S.A. 1973 Supplement 16-707, which provides for the licensing of pawnbrokers
and providing substitute and additional provisions on the same subject and
repealing Charter Ordinance Number 11." A motion was made by Commissioner Usher,
seconded by Commissioner Weisgerber to adopt the Charter Ordinance as read and
the following vote was had: Ayes: Simpson, Usher, Weisgerber, Caldwell (4).
Nays: (0). Commissioner Duckers absent. The Mayor approved the Charter Ordinanc
and it is numbered 12. The Charter Ordinance was introduced for first reading
May 5, 1975.
A RESOLUTION was introduced and passed entitled; "A RESOLUTION
authorizing and ordering certain paving and grading improvements, ordering
preparation of plans and specifications, and the estimate of costs. (Fairdale
Road from Crawford Avenue to Country Hills Road, requested in Petition Number
3484, filed by A. B. Seelye Company, Inc.) A motion was made by Commissioner
Weisgerber, seconded by Commissioner Usher to adopt the Resolution as read and
the following vote was had: Ayes: Simpson, Usher, Weisgerber, Caldwell (4).
Nays: (0). Commissioner Duckers absent. Carried. The Mayor approved the
Resolution and it is numbered 3235.
ire
THE CITY COMMISSIONERS CONSIDERED an ordinance for first reading
providing for the licensing and regulation of Merchant or Private Policemen,
amending Article III of Chapter 28 of the Salina Code and repealing the existing
Article III of Chapter 28 of the Salina Code.
Mr. Olson explained this proposed ordinance should be amended to read
"concealed firearms" in Sections 28-55 and 28-60. State law provides a person
may carry a firearm, and this provision will allow merchant or private police
to carry a concealed firearm, with the knowledge and consent of the Salina Police
Department.
A motion was made by Commissioner Usher, seconded by Commissioner
Simpson to introduce the ordinance for first reading, as amended. Ayes: (4).
Nays: (0). Motion carried.
Ordinance Passed: Number:
A LETTER was received from the City Planning Commission recommending
the approval of the rezoning of Lots 1 and 2, Block 1; and Lot 1, Block 6; and
all of Block 7, Parkwood Village Addition from District "EE" (Local Service
District) to District "D" (Local Business District) as requested in Petition
Number 3480, filed by Roy Presley. A motion was made by Commissioner Usher,
seconded by Commissioner Weisgerber to accept the recommendation of the City
Planning Commission and 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 the rezoning of Lots 28, 30, and 32, Block 2, Episcopal Military
Institute Addition from District "B" (Two -Family Dwelling House District) to
District "E" (Local Business District) as requested in Petition Number 3481,
filed by Mrs. Izetta M. Lamer.
Mrs. Lamer was present asking that her rezoning request be reconsidered
She explained she is a widow and the ceramic shop is her only way of making a
living. She showed the City Commissioners pictures of the other property in the
block which is primarily business.
Commissioner Usher asked Mr. Rawlings about the Planning Commission
decision.
Mr. Rawlings explained the Planning Commission indicated there were
businesses to the East and Northeast. He said they have been zoned that way for
some time prior to adoption of the Land Use Plan, but felt this was an overriding
consideration in this particular case, and that was the basis for their
recommendation to the City Commission for denial.
Commissioner Usher asked if the plan is so fine that it has the
boundary specified.
Mr. Rawlings replied, "No, this is something we have tried to impress
on everyone all through the process of adoption. You don't draw it in such a
way that you can tell exactly which lot a use stops at and a new use begins;
however we did discuss the general area along Pacific and the area in some detail
prior to this adoption and generally their intention is to limit, restrict
commercial development that is presently along Pacific from going any farther
into the residential area, primarily North."
A MOTION was made by Commissioner Usher, seconded by Commissioner
Simpson that the petition be referred back to the City Planning Commission for
reconsideration based on the fact that it may not conform to the Land Use Plan,
but the Land Use Plan is not a finely drawn line and perhaps the Commission
could reconsider based on that fact. Ayes: (4). Nays: (0). Motion carried.
79
COMMISSION AGENDA
None
PUBLIC AGENDA
PETITION NUMBER 3489 was filed by Darrell Francisco, 115 South Santa Fe
Avenue, for the rezoning of Lots 1, 2, 3, and the South 10 feet of Lot 4, and all
of Lots 9, 10, 11, 12, 13, 14, 15, and 16, Block 19, Sunset Manor Addition from
District "A" (Second Dwelling House District) to District "C" (Apartment House
District). A motion was made by Commissioner Usher, seconded by Commissioner
Weisgerber to refer the petition to the City Planning Commission. Ayes: (4).
Nays: (0). Motion carried.
A TREE TRIMMING License application was filed by Lee Enyart, d/b/a
Enyart's Tree Service, P. 0. Box 342, Bennington, Kansas. (New application).
The City Clerk reported the applicant has paid the required fee, and has the
required surety bond and public liability insurance on file. A motion was made
by Commissioner Weisgerber, seconded by Commissioner Usher to approve the
license application and authorize the City Clerk to issue the license. Ayes: (4)
Nays: (0). Motion carried.
THE CITY COMMISSIONERS considered a request from the Urban Renewal
Agency relating to the extension of time for completion of Project Kansas A-8,
the Central City Project, from July 1, 1975 to March 31, 1976.
Mr. Worth was present and explained they need the extension of time
in order to let a further contract for improvements in this project.
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Usher to approve the request and authorize the Mayor to sign. Ayes: (4).
Nays: (0). Motion carried.
A MOTION was made by Commissioner Usher, seconded by Commissioner
Simpson that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (4). Nays: (0). Motion carried.
D. L. Harrison, City Clerk
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