08-04-1975 Minutes120
City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
August 4, 1975
The Regular Meeting of the Board of Commissioners met in the
Commissioners' Room, City -County Building, on Monday, August 4, 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 Keith G. Duckers
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:
None
The Minutes of the Regular Meeting of July 28, 1975 were approved
as printed.
THE MAYOR PROCLAIMED Thursday, August 7, 1975 - "NAVY MOTHERS' DAY'.
The proclamation was read by Irene Leiker, Commander of Navy Mothers' Club of
America.
STAFF AGENDA
A MOTION was made by Commissioner Weisgerber, seconded by Commissioner
Usher to introduce an ordinance for first reading levying special assessments
against certain lots and pieces of property to pay the cost of cutting weeds
on certain lots and parts of lots and parkways abutting thereon in the City of
Salina, Kansas. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed: Number:
A MOTION was made by Commissioner Duckers, seconded by Commissioner
Simpson to introduce an ordinance for first reading levying special assessments
against certain lots and pieces of property to pay the cost of abatement of
nuisances, located on certain lots and parts of lots in the City of Salina,
Kansas. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed: Number:
A MOTION was made by Commissioner Usher, seconded by Commissioner
Weisgerber to introduce an ordinance for first reading to levy special
assessments against certain property to pay for the cost of the demolition of
structures located thereon which were ordered removed or demolished by the
Building Inspector pursuant to Article II of Chapter 16 of the Salina Code.
Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed: Number:
COMMISSION AGENDA
None
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PUBLIC AGENDA
PETITION NUMBER 3499 was filed by James D. Rauch for Johnstown
Development Company that the "C" zone be amended to permit a lot area per
family of 500 square feet for multiple family dwellings for elderly persons;
and that the parking requirement for multiple family dwellings for elderly
persons be reduced to 75% of the total number of units.
Tom Darnell was present, representing Johnstown Development Company.
He stated that the company is planning to build 91 units and wishes to expedite
this petition so the company can be well into construction before winter sets
in.
Commissioner Usher asked if it would be easier to go through the
Board of Zoning Appeals to get it changed. Mr. Darnell replied that they
would entertain this, mainly wanting to make sure that the city is of the
opinion that the Johnstown Development Company is legally in the right position
and that the Board of Zoning Appeals has jurisdiction over this question.
Commissioner Weisgerber asked if they could pursue both avenues at once and
City Attorney Bengtson answered, that, yes, they could, because the Board of
Zoning Appeals, if they found certain conditions exist, could waive this
requirement; if they didn't, then they couldn't and if the ordinance were
changed, of course, then there would be no question about it; but if certain
conditions exist, the Board could waive it. Commissioner Weisgerber asked
if the company went directly to the Board of Zoning Appeals without the
Commission's approval, and we refer this to the Planning Commission, could
the company pursue both methods. The City Attorney replied that they could.
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Usher to refer the petition to the City Planning Commission. Commissioner
Simpson asked the City Attorney if they go to the Board of Zoning Appeals, is
the waiver granted just for that owner or would the waiver go with the sale
of the property. The city attorney replied that, yes, it would go with the
sale of the property. Ayes: (5). Nays: (0). Motion carried.
A LETTER was received from Mr. Al Schwan, Division Manager of Tony's
Pizza and Sandwich Service requesting a waiver of the City Code concerning
approach widths. (On Schilling Road East of Scanlan)
Mr. Schwan was present and asked for a sixty (60) foot width driveway
on Scanlan Road. Mr. Don Bassett, of the Engineering Department, was present
and presented plans to the City Commission for their review. Mr. Bassett, Mr.
Schwan and City Manager, Mr. Olson, approached the bench for review of the plans.
A Motion was made by Commissioner Usher, seconded by Commissioner
Simpson to grant the request and approve the 60 foot width driveway. Ayes: (5).
Nays: (0). Motion carried.
A LETTER was received from Mr. Darrell Francisco requesting that his
Petition Number 3489 be "untabled" and approved for District "C" zoning.
(Tabled from June 23, 1975 meeting.)
A Motion was made by Commissioner Duckers, seconded by Commissioner
Simpson to remove the petition from table for discussion. Ayes: (5).
Nays: (0). Motion carried.
Mr. Francisco and City Planner, Keith Rawlings were present and
approached the bench with maps of zoning in the area for the review of the
commissioners.
A Motion was made by Commissioner Weisgerber, seconded by Commissioner
Simpson to return the petition to the City Planning Commission for re-
consideration because of the density question. Ayes: (5). Nays: (0).
Motion carried.
122
A CEREAL MALT BEVERAGE LICENSE Application was filed by Dorothy
Hutchinson, d/b/a The 19th Hole, 2500 East Crawford, a new application. The
City Clerk reported that the applicant has paid the required fees, and that
the application has been approved by the Zoning Officer, the Health Department
and the Chief of Police. A Motion was made by Commissioner Usher, seconded by
Commissioner Duckers to approve the cereal malt beverage license application
and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0).
Motion carried.
A MOTION was made by Commissioner Simpson, seconded by Commissioner
Duckers that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (5). Nays: (0). Motion carried.
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D. L. Harrison, City Clerk
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