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01-12-1976 Minutes1 1 240 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. 241 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?" 242 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. 1 J 1 by: 243 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. 244 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. L D. L. Harrison, City Clerk 1 1