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04-26-1976 MinutesCity of Salina, Kansas Regular Meeting of the Board of Commissioners April 26, 1976 The Regular Meeting of the Board of Commissioners met in the Commissione Room, City -County Building, on Monday, April 26, 1976 at four o'clock p.m. The Acting Mayor asked everyone to stand for the pledge of allegiance to the Flag and a moment of silent prayer. There were present: Acting Mayor Robert C. Caldwell, Chairman presiding Commissioner W. M. Usher Commissioner Jack Weisgerber comprising a quorum of the Board, also: Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: Mayor Gerald F. Simpson Commissioner Keith G. Duckers L. O. Bengtson, City Attorney The Minutes of the Regular Meeting of April 19, 1976 were approved as printed. THE MAYOR PROCLAIMED the Week of April 26 through May 2, 1976 - "KANSAS MEDICAL ASSISTANTS WEEK". The proclamation was read by Evelyn Kiser, Saline County Medical Assistant's Association Representative. THE MAYOR PROCLAIMED the Saturday, May 1, 1976 - "LAW DAY, USA in Salina, Kansas". The proclamation was read by Dan Boyer, Chairman of Law Day Committee of the Saline County Bar Association. THE MAYOR PROCLAIMED the Week of April 25 through May 1, 1976 - "BETA SIGMA PHI WEEK". The proclamation was read by Betsy Smith, President of the Salina City Council of Beta Sigma Phi. THE MAYOR PROCLAIMED the Week of April 25 through May 1, 1976 - "V.F.W. BICENTENNIAL WEEK". The proclamation was read by Ralph E. Priddy, Senior Vice Commander of the V. F. W. STAFF AGENDA AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the construction of certain sidewalks, for the payment of the cost thereof, and how the same shall be assessed and the manner of the payment therefor". (Sidewalks on the West side of Robin Road, adjacent to Lots 6 and 7, Block 27, Key Acres Addition). A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to adopt the ordinance as read and the following vote was had: Ayes: Usher, Weisgerber, Caldwell (3). Nays: (0). Mayor Simpson and Commissioner Duckers absent. Carried. The Acting Mayor approved the ordinance and it is numbered 8484. The ordinance was introduced for first reading April 19, 1976. THE CITY ENGINEER filed plans and specifications for Engineering Project 76-601 for improvements in Twin Oaks, Key Acres 2nd, Schippel, Sullivan, and Wallerius Additions). A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to accept the plans and specifications as filed by the City Engineer, and instruct the City Clerk to advertise for bids to be received May 10, 1976. Ayes: (3). Nays: (0). Motion carried. 11 3' A LETTER was received from the City Planning Commission recommending the approval of petition Number 3546 which was filed by Century Sales Engineering Company, Inc., for the rezoning of Lot 17, Block 6, Pacific Addition, from District "E" (General Business District) to District "F" (Light Industrial District). A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to accept the recommendation of the City Planning Commission and approve the petition, and to introduce the rezoning ordinance for first reading. Ayes: (3). Nays: (0). Motion carried. Ordinance Passed: Number: PUBLIC AGENDA PETITION NUMBER 3556 was filed by property owners in Key Acres 2nd Addition, protesting the rezoning of property described in Petition Number 3527 and amendments, from District "A" (Second Dwelling House District) to Districts "B" (Two -Family Dwelling House District) and "C" (Apartment House District). (Petition Number 3527 was filed by Doyle E. Yockers for the rezoning of certain lots in Key Acres 2nd Addition) A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to accept the petition and refer it to the Planning Department for checking and verification. Jim Hale, Jim Wesch, Verne Silver, and Shirley Palmer, property owners from the area, were present protesting the rezoning of the land requested by Doyle E. Yockers in Key Acres 2nd Addition. Mr. Rawlings explained the protest petition is to the City Commission to influence your decision on Petition 3527 by Mr. Yockers when it comes up for second reading. The recommendation of the Planning Commission on that petition was accepted by the Commission and the rezoning ordinance introduced for first reading, subject to platting, and we are now waiting for the replat to be approved prior to the rezoning ordinance coming back for second reading. He said they ran a fairly quick check through this protest petition and it did appear to have a little over 7% protest, whereas 20% is necessary for a valid protest to take a 4/5 vote of the City Commission to approve the rezoning. He explained 7% protest will not effect the manner in which the commission votes when it makes a decision on Petition Number 3527. He said the tally on the protest petition will be prepared in final form by the time action is required on the rezoning request. After a short discussion between the protesting property owners, City Commissioners and Mr. Rawlings, Acting. Mayor Caldwell called.for a vote on the motion. Ayes: (3). Nays: (0). Motion carried. PETITION NUMBER 3557 was filed by G & K, Inc., by George C. Etherington President, for street, curb, gutter, water and sanitary sewer on the streets in Dow Addition. (Beloit from Ohio to Courtney Drive; Courtney Drive from Beloit to Minneapolis, and Minneapolis from Courtney Drive to Ohio Street.) A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to refer the petition to the City Engineer for a recommendation. Ayes: (3). Nays: (0). Motion carried. A REQUEST was received from Mr. Boyd Lee, for the City Commission to reconsider the ordinance governing Lakewood Park. They are asking for a permit type of permission to operate radio controlled model boats on the lake. Mr. Boyd Lee was present and explained he and a few other people have built model radio controlled boats and took them to Lakewood to operate. A police officer said they could not operate anything in Lakewood lake with power, and they are therefore asking for a permit to operate these models on the lake. Commissioner Usher asked Mr. Lee about the noise level. PETITION NUMBER 3558 was filed by Steven J. Hill, for the rezoning of Lot 7, Block 1, Cloverdale Addition to the City of Salina, from District "A" (Second Dwelling House District) to District "F" (Light Industrial). A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to refer the petition to the City Planning Commission. Ayes: (3). Nays: (0). Motion carried. A REQUEST was received from Mr. Boyd Lee, for the City Commission to reconsider the ordinance governing Lakewood Park. They are asking for a permit type of permission to operate radio controlled model boats on the lake. Mr. Boyd Lee was present and explained he and a few other people have built model radio controlled boats and took them to Lakewood to operate. A police officer said they could not operate anything in Lakewood lake with power, and they are therefore asking for a permit to operate these models on the lake. Commissioner Usher asked Mr. Lee about the noise level. 31,' Mr. Lee replied the noise level runs from about 80 to 85 dbs, less than that of a motorcycle and a little more than automobile. He said they run on a mixture of alcohol and caster oil. He showed a picture of the model. Commissioner Usher commented that it is the desire of the city to operate the lake as a quiet water lake. COMMISSION AGENDA The Commissioners did not bring anything to the floor for discussion. A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Usher that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (3). Nays: (0). Motion carried. D. L. Harrison, City Clerk 1 After a short discussion, a motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to refer the request to the City Manager for study and a recommendation. Ayes: (3). Nays: (0). Motion carried. COMMISSION AGENDA The Commissioners did not bring anything to the floor for discussion. A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Usher that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (3). Nays: (0). Motion carried. D. L. Harrison, City Clerk 1