01-12-1976 Minutes1
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City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
January 12, 1976
The Regular Meeting of the Board of Commissioners met in the Commis
Room, City -County Building, on Monday,January 12, 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 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,
Norris D. Olson,
D. L. Harrison,
Absent
None
City Attorney
City Manager
City Clerk
The Minutes of the Regular Meeting of January 5, 1976, were approved
as printed.
THE MAYOR PROCLAIMED January 15, 1976 - "DR. MARTIN LUTHER KING, JR.
COMMEMORATION DAY". The proclamation was read by Glenn Halbe, member of the
ad hoc committee.
STAFF AGENDA
A RESOLUTION was introduced and passed entitled: "A RESOLUTION
APPROPRIATING THE SUM OF $465,969.49, being the contract price for materials
and labor supplied and furnished in the matter of the construction of certain
street, sidewalk, lighting, landscaping, planting trees, shrubs, and other
perennial plants and constructing park and recreational area improvements in
the City of Salina, of which $200,000.00 will be paid from a grant from the
Department of Housing and Urban Development, and further providing for the
issuance of one temporary note in the sum of $265,969.49 for the payment
therefor." (Series PT -86 for the Downtown Beautification Project)
A motion was made by Commissioner Usher, seconded by Commissioner
Weisgerber to adopt the Resolution as read and the following vote was had:
Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried.
The Mayor approved the Resolution and it is numbered 3257.
THE CITY ENGINEER filed Plans and Specifications for Phase II of the
Downtown Beautification Project. (Includes treatment to Fifth and Seventh
Streets). A motion was made by Commissioner Weisgerber, seconded by Commissioner
Duckers to accept the plans and specifications as filed by the City Engineer
and instruct the City Clerk to advertise for bids to be received February 2,
1976. Ayes: (5). Nays: (0). Motion carried.
THE COMMISSIONERS considered an ordinance for first reading authorizing
the issuance of Salina Nursing Center, Inc., Industrial Revenue Bonds, in the
amount of $960,000.00.
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Mr. Roger Manda, representing the A. H. Speer Company, Industrial
Bankers, was present and said his firm is the Industrial Revenue Bond underwriter
in this project. He said there are 2 minor changes to be made in the lease
agreement; 1, the first lease payment is to be set at May 1, 1977 instead of
February 1, 1977; and 2, on page 24 of the lease, the full name of the trustee
bank is The National Bank of America at Salina, Salina, Kansas.
Mr. Bengtson explained the City Commission passed a Resolution of
intent to issue these bonds in March, 1974. The ordinance and the lease have
been prepared by Mr. Bell in Wichita, and they have been checked by Mr.
Powell of Stinson and Mag in Kansas City, and by the City Attorney and have
been approved. The lease does provide that there will be a payment made to
the County Treasurer in lieu of taxes in an amount equal to what the taxes
would have been had the property not been removed from the tax rolls. The
lease also provides that the first two years of the taxes to be levied, which
would be 1976 and 1977, will be deferred and paid during the next three years
or during the calendar years of 1978, 1979, 1980, other than that it is the
general standard forms used for our other industrial revenue bonds.
Commissioner Simpson asked what type of facility this would be?
Mr. Leonard Stoltz, SSS Nursing Centers, was present and explained
the facility will be licensed by the Department of Health as a skilled nursing
center and they will be certified under Title XIX program as a level 1 skilled
facility.
Commissioner Simpson asked what the capacity of the facility would be?
Mr. Stoltz replied there would be room for 100 patients.
Commissioner Duckers asked when they would be in operation?
Ordinance Passed:
Number:
A LETTER was received from the Salina City Planning Commission
recommending the proposed Zoning Regulations be amended to include six changes
of the Flood Plain Zoning District, as requested by the Kansas State Division
of Water Resources.
Commissioner Usher read, "The city shall also designate on the
zoning map those areas proved by the Chief Engineer, Division of Water Resources,
Kansas State Board of Agriculture, would be in the flood way portion and the
flood fringe portion of the flood plain district." He asked, "Will there be
any change from what we have now on our maps?"
Mr. Stoltz replied approximately 1 year from now.
A motion was made by Commissioner Duckers, seconded by Commissioner
Simpson to introduce an ordinance for first reading entitled: "AN ORDINANCE
authorizing and directing the City of Salina, Kansas, to acquire a tract of
land in Saline County, Kansas, for industrial development purposes; authorizing
the payment of the cost of constructing and equipping a 100 -bed nursing home
facility thereon; authorizing and directing the issuance of $960,000.00 principal
amount of industrial revenue bonds of said City for the purpose of acquiring
said land and to pay the cost of constructing and equipping such facility;
prescribing the form and details of said industrial revenue bonds; providing
for the collection, segregation and application of the revenues of such facility
for the purposes authorized by law; pledging said facility and the net revenues
from said facility to secure such bonds; providing for a trustee and paying
agent and prescribing the powers and duties of such trustee and paying agent;
permitting the issuance of parity bonds under certain conditions; prescribing
the form and authorizing the execution of a guaranty agreement and a lease and
agreement by and between said City as landlord, Salina Nursing Center, Inc., a
Kansas Corporation, as tenant, and L. E. Stoltz, C. K. Ledoux, W. S. Bradley
and Joe W. Carmichael, individuals, as partial and limited guarantors."
Ayes: (4). Nays: (0). Commissioner Usher abstained. Motion carried.
Ordinance Passed:
Number:
A LETTER was received from the Salina City Planning Commission
recommending the proposed Zoning Regulations be amended to include six changes
of the Flood Plain Zoning District, as requested by the Kansas State Division
of Water Resources.
Commissioner Usher read, "The city shall also designate on the
zoning map those areas proved by the Chief Engineer, Division of Water Resources,
Kansas State Board of Agriculture, would be in the flood way portion and the
flood fringe portion of the flood plain district." He asked, "Will there be
any change from what we have now on our maps?"
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Mr. Rawlings replied, "No, the maps currently reflect the way it
will be after this change is made. The change is requested by the State to
delete the section referring to the Chief Engineer, actually approving the map
itself. There is a section in the flood plain section that adopts by reference
the Engineering studies that were made to delineate these areas on the maps.
There is a statutory requirement of the State that before any flood plain
ordinance can be adopted, it must be approved by the Division of Water Resources,
and this is the reason for it. We have received preliminary approval from
them, and on the basis of that it is submitted as a portion of the zoning
ordinance to you, and then they do request these final six minor changes at
the end. "
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Usher that the changes be approved. Ayes: (5). Nays: (0). Motion carried.
A LETTER was received from the Salina City Planning Commission
recommending the approval of the final development plan for Lot 2, Block 6,
Northeast Industrial Park, as requested by the Mid State Industrial Partnership
filed by Delbert Chopp.
A Motion was made by Commissioner Usher, seconded by Commissioner
Duckers to approve the accept the recommendation of the City Planning Commission
and approve the final development plan for Lot 2, Block 6, Northeast Industrial
Park. Ayes: (5). Nays: (0). Motion carried.
PUBLIC AGENDA
PETITION NUMBER 3516 was filed by Mrs. Ralph Fink, to protest the
installation of water and sewer lines on Woodland Avenue East of Ohio Street.
A motion was made by Commissioner Usher, seconded by Commissioner
Simpson to refer the petition to the City Engineer for checking.
Mr. W. R. Jolliff, 1209 Prospect and Mrs. Ralph Fink, 1165 East
Woodland were present opposing to the improvements.
Mrs. Leon Coitz was present in favor of the improvements.
Mr. Bengtson explained to the people present that the City Engineer
will check the records in the Register of Deeds Office, and if more than 50%
of the owners ownning more than 50% of the area, and more than 50% of the
resident owners have signed the protest petition the water line will not be
installed; and that Mr. Boyer will report back on the petition next week.
Mayor Caldwell called for a vote on the motion. Ayes: (5). Nays:
(0). Motion carried.
PETITION NUMBER 3517 was filed by Doyle D. Yockers for street
improvements to serve Lots 1 - 14, Block 37; Lots 9 - 13, Block 34; Lots 14 -
25, Block 36; Lots 2 and 11, Block 38. Sewer to serve Lots 9 - 13, Block 34;
Lots 1 - 27, Block 37; Block 38. Water to serve Lots 9 - 13, Block 34; Lots
14 - 25, Block 36; Lots 1 - 14, Block 37; Block 38, all in Key Acres Second
Addition. A motion was made by -Commissioner Usher, seconded by Commissioner
Duckers to refer the petition to the City Engineer for checking. Ayes: (5).
Nays: (0). Motion carried.
PETITION NUMBER 3518 was filed by John P. Garrison for sidewalk on
Lot 6 and Lot 7, Block 27, Key Acres Addition, to the existing sidewalk on Lot
13, Block 27, Key Acres Addition. A motion was made by Commissioner Duckers,
seconded by Commissioner Simpson to refer the petition to the City Engineer
for checking. Ayes: (5). Nays: (0). Motion carried.
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TREE TRIMMING AND TREATING LICENSE APPLICATIONS for 1976 were filed
a. D. J. Prater, d/b/a D. J. Prater Tree Service,
Route 3, Salina Trim and Treat
b. Cecil Heart, d/b/a Cecil Heart Tree Service,
613 Montrose Trim and Treat
C. J. L. Mooney, d/b/a Gem Barber Shop,
232 A South Santa Fe Trim
d. Donald D. Deatherage, d/b/a Salina Tree Service,
616 West Crawford Trim and Treat
e. Raymond Kline, d/b/a/ Kline's Landscaping and Turf,
Route 1, Salina Trim
f. Lee Enyart, d/b/a Enyart Tree Service,
Bennington, Kansas Trim
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 Weisgerber, seconded by Commissioner Duckers
to approve the license applications and authorize the City Clerk to issue the
licenses. Ayes: (5). Nays: (0). Motion carried.
CEREAL MALT BEVERAGE LICENSE APPLICATIONS for 1976 were filed by:
a. Lenore Garcia, d/b/a E1 Rancho Restaurant, 601 North
Broadway, (Renewal)
b. Michael J. Meysenburg, d/b/a The Village Gate, 1329 East
Iron, (Renewal)
The City Clerk reported the applicants have paid the required fee and the
applications have been approved by the Zoning Officer, Health Department and
the Police Department.
A motion was made by Commissioner Usher, seconded by Commissioner Simpson to
approve the license applications and authorize the City Clerk to issue the
licenses. Ayes: (5). Nays: (0). Motion carried.
COMMISSION AGENDA
The following items were brought to the floor for discussion by the
Commissioners:
Commissioner Weisgerber suggested one thing that needed to be done
is to elect some officers to the Urban Renewal Board because the old board was
discontinued by ordinance on January 5th. He explained there is still some
official business to be handled with the Urban Renewal so they need officers
to act in an official capacity to conclude the business remaining. He moved
to elect Jerry Simpson, Chairman; Bill Usher, Secretary; and Norris Olson,
Director.
After some discussion it was agreed that the regular meeting would
be at the conclusion of the Regular Commission Meeting on the fourth Monday of
each month.
The motion was seconded by Commissioner Duckers. Ayes: (5). Nays:
(0). Motion carried.
Mr. George Etherington was present and asked to withdraw a letter of
intent to issue $1,250,000.00 Industrial Revenue Bonds for G & K, Inc, because
they were able to get private financing for the project. He said they plan to
start construction in the morning. He thanked the City Commission for their
Resolution of intent to issue the Industrial Revenue Bonds.
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A motion was made by Commissioner Simpson, seconded by Commissioner
Duckers to approve the request to withdraw the letter of intent to issue
Industrial Revenue Bonds. Ayes: (5). Nays: (0). Motion carried.
Mr. Etherington said he spends a lot of time in the Planning Office,
Engineering Office, City Clerk's Office, City Manager's Office, and he said he
has always been treated with the utmost courtesy and politeness.
He said he has spent a lot of time studying the proposed Zoning
Regulations and there are some things he is opposed to, but there are so many
more things that make it better, and urged the Commissioners to adopt the
proposed Zoning Regulations.
Commissioner Weisgerber commented that the proposed Zoning Regulations
will probably be on the agenda next week.
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Usher 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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