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08-13-1973 Minutesu City of Salina, Kansas Regular Meeting of the August 13, 1973 Board of Commissioners The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, August 13, 1973, 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 Jack Weisgerber, Chairman presiding Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. Commissioner W. M. Usher comprising a quorum of the Board, also: Ron Barta, Assistant City Attorney Norris D. Olson, City Manager M. E. Abbott, Acting City Clerk Absent: Commissioner Robert C. Caldwell L. 0. Bengtson, City Attorney D. L. Harrison, City Clerk The Minutes of the Regular Meeting of August 6, 1973, were approved as mailed. STAFF AGENDA AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE making a levy of taxes for general revenue and other purposes by the City of Salina, Kansas, for the year 1973." A motion was made by Commissioner Usher, seconded by Commissioner Losik to adopt the ordinance as read and the following vote was had: Ayes: Cooper, Losik, Usher, Weisgerber (4). Nays: (0). Commissioner Caldwell absent. Carried. The Mayor approved the ordinance and it is numbered 8295. The ordinance was introduced for first reading August 6, 1973. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE levying special assessments against certain lots and pieces of property to pay the cost of cutting weeds on certain lots and parts of lots on the parkways abutting thereon in the City of Salina, Kansas." A motion was made by Commissioner Losik, seconded by Commissioner Usher to adopt the ordinance as read and the following vote was had: Ayes: Cooper, Losik, Usher, Weisgerber (4). Nays: (0). Commissioner Caldwell absent. Carried. The Mayor approved the ordinance and it is numbered 8296. The ordinance was introduced for first reading August 6, 1973. A MOTION was made by Commissioner Cooper, seconded by Commissioner Losik 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 in the City of Salina, Kansas. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: THE CITY ENGINEER filed plans and specifications for Engineering Project 73-559 for sidewalk improvements on Cloud Street and Lewis Street, as requested in Petition Numbers 3312 and 3328. A motion was made by Commissioner Cooper, seconded by Commissioner Usher to accept the plans and specifications as filed, and to set the date of August 27, 1973, as the date to receive bids for the improvement, and to instruct the City Clerk to publish the notice in the official city newspaper. Ayes: (4). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: "A RESOLUTION determining the advisability of concrete paving, curb, gutter, sidewalks and landscaping improvements, estimating the cost thereof, defining the boundaries of the improvement district, method of assessment, and apportioning the cost to the improvement district." (Community Theatre Improvements) Commissioner Losik confirmed with the City Engineer that Smoky Hill, Inc., will do the driveway improvement at the same unit cost as the present contract and meet the October 1st deadline. A motion was made by Commissioner Usher, seconded by Commissioner Losik to adopt the Resolution as read and the following vote was had: Ayes: Cooper, Losik, Usher, Weisgerber (4). Nays: (0). Commissioner Caldwell absent. Carried. The Mayor approved the Resolution and it is numbered 3155. 124 A LETTER was received from the Metropolitan Planning Commission recommending the approval of the final plat of Marydale Addition, as requested in Petition Number 3307, which was filed by Ronald Barta. A motion was made by Commissioner Losik, seconded by Commissioner Usher to accept the recommendation of the Metropolitan Planning Commission and approve the final plat, and authorize the Mayor to sign. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the Metropolitan Planning Commission recommending the approval of Petition Number 3329, which was filed by the National Bank of America for the rezoning of a tract of land at the Northeast corner of Ninth Street and Magnolia Road, subject to the restrictions that the request be amended to District "D" (Local Business District) from the original request of "E" (General Business); and the property be platted. A motion was made by Commissioner Losik, seconded by Commissioner Cooper to accept the recommendation of the Metropolitan Planning Commission and approve the petition for rezoning, subject to the two restrictions of the Metropolitan Planning Commission. Ayes: Cooper, Losik, Weisgerber (3). Nays: (0). Commissioner Usher abstained. Carried. A LETTER was received from the Metropolitan Planning Commission regarding Petition Number 3333, informing the City Commission that the members voted to stand on the previous recommendation made in conjunction with Petition Number 3287, that the circle on East Crawford Street, located between Starlight Drive and Aspen Road be named East Crawford Circle. Petition Number 3333 requests the name be changed to Rolling Hills Circle. Mr. and Mrs. Francis Baringer were both present and stated that they would like to have the street named Rolling Hills Circle because it would add to the area. They didn't want the name to have any connection with Crawford Street because Crawford Street is such a long street and has a lot of business places on it. Commissioner Usher asked about the number of residents in the circle. Mrs. Baringer replied there are 5 lots abutting the circle, with two property owners at the time the petition was filed, one lot has since been sold, but the new owner is in favor of the name change. Keith Rawlings, Planning Director, said the Metropolitan Planning Commission felt they would stand on the recommendation they made at an earlier time to deny changing the name of the Circle on East Crawford to Aspen Circle, and to substitute East Crawford Circle. He also reported there is no conflict of the proposed name for the cul-de-sac with any other street in other parts of the city. Mr. Baringer said they want to install brick posts to dress up the entrance to the circle and put the street name plaque into the post. Commissioner Cooper commented, "I agreed with Planning's previous recommendation that there could have been a conflict on the earlier petition, but I think this present petition reflects a compromise on the part of the petitioner. You have a majority of the people who are in favor of the Rolling Hills Circle name, who own the property, if you are looking for percentages. It is a new street, and based on that kind of information, because it is new and the property owners are in favor of it, there doesn't appear to be any conflict. I can't think of any reason to deny the request." Commissioners Usher and Losik agreed. A motion was made by Commissioner Cooper, seconded by Commissioner Losik to refer Petition Number 3333 back to the Metropolitan Planning Commission for reconsideration, based on the fact that it is a newly developing street and 100 % of the property owners are in favor of the name change to Rolling Hills Circle, and the name is a neutral name and doesn't conflict with the names of any other street in the area or city. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the Metropolitan Planning Commission recommending that Petition Number 3335, which was filed by Morrison Grain Company for the vacation of Woodland Avenue in the City of Salina, Kansas, commencing at the East line of the right-of-way condemned by the City of Salina for enlarging and straightening the channel of Dry Creek and extending East a distance of 238.3 feet as measured along the south line of said Woodland Avenue; and the West 10 feet of North Thirteenth Street in the City of Salina, Kansas, between the south line of Woodland Avenue and the north line of Broadway Boulevard be approved with the special provision that Woodland Avenue be vacated in its entirety from North Thirteenth Street to the Dry Creek Channel, and the City retain the North 20 feet of -- West Woodland Avenue for its present use as a storm sewer easement. A motion was made by Commissioner Losik, seconded by Commissioner Usher to accept the recommendation of the Metropolitan Planning Commission and approve the petition with the two provisions, and to introduce the required ordinances for first reading. Ordinance Passed: Number: Ordinance Passed: Number: A LETTER was received from the Metropolitan Planning Commission recommending the 4 approval of the proposed Community Unit Plan for Lot 12, Upper Mill Heights Addition Number 2. A motion was made by Commissioner Usher, seconded by Commissioner Losik that the Community Unit Plan be approved. Ayes: (4). Nays: (0). Motion carried. COMMISSION AGENDA None PUBLIC AGENDA A CEREAL MALT BEVERAGE. License Application was filed by Jerry Lee Brehm, d/b/a Road Runner Tavern, 616 North Broadway. (New Application). The Acting City Clerk reported the applicant has paid the required fee, and the application has been approved by the Zoning Officer, Health Department and Police Department. A motion was made by Commissioner Losik, seconded by Commissioner Usher to approve the license application and authorize the City Clerk to issue the license. Ayes: (4). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE License Application was filed by Joe Hartman, d/b/a Hartman Texaco, 107 West Diamond Drive. (New Application). The Acting City Clerk reported the applicant has paid the required fee, and the application has been approved by the Zoning Officer, Health Department and Police Department. A motion was made by Commissioner Usher, seconded by Commissioner Losik to approve the license application and authorize the City Clerk to issue the license. Ayes: (4). Nays: (0). Motion carried. A MOTION was made by Commissioner Cooper, seconded by Commissioner Losik that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (4). Nays: (0). Motion carried. �7111 ?V1 M. E. Abbott, Acting City Clerk L 1