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07-17-1970 Minutes204- City of Salina, Kansas Commissioners' Meeting July 27, 1970 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, July 27, 1970, 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 Leon L. Ashton Commissioner Donald D. Millikan Commissioner Carl R. Rundquist Commissioner William W. Yost 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 20, 1970, were approved as mailed. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Zoning Ordinance Number 6613 and the Zoning District Map therein and thereby adopted and providing for the rezoning of certain property within the City and prescribing the proper uses thereof." (Lots 1,3,5,7,9, Block 15, Pacific Addition to "F", which was requested in Petition Number 3115, filed by Marshall Motor Company on May 25, 1970)' A motion was made Commissioner Rundquist, seconded by Commissioner Millikan to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Millikan, Rundquist, Yost, Caldwell (5). Nays: (0). Mayor approved the Ordinance and it is numbered 8096. Carried. Ordinance was introduced for first reading July 13, 1970. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE ratifying and confirming a contract with Brown & Brown, Inc. for the construction of certain improvements in the City of Salina, Kansas, and providing for the issuance of temporary notes to pay the cost thereof, pending the issuance and sale of bonds." (Water main to serve Brown & Brown Addition Number 1 - Job 522). A motion was made by Commissioner Rundquist, seconded by Commissioner Ashton to adopt the Ordinance as read and the following vote was had: Ayes: Ashton, Millikan, Rundquist, Yost, Caldwell (5). Nays: (0). Mayor approved the Ordinance and it is numbered 8097. Carried. Ordinance was introduced for first reading July 20, 1970.1. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the vacation of a certain easement located in Block 9 of the Replat of Faith Addition to the City of Salina, Saline County, Kansas. " (Requested in Petition Number 3122, which was filed by Roy A. Presley on July 8, 1970.) A motion was made by Commissioner Ashton, seconded by Commissioner Rundquist to adopt the Ordinance as read and the following vote was had: Ayes: Ashton, Millikan, Rundquist, Yost, Caldwell (5). Nays: (0). Mayor approved the ordinance and it is numbered 8098. Carried. Ordinance was introduced for first reading 1 July 20, 1970. THE CITY CLERK reported that the Assessment Rolls are ready for the following completed improvements, to -wit: Job 512 - Construct Storm sewer on south line of school property to drain to east of crossing of Ohio Street into Miller drainage ditch. Widen the pavement on the south side of Magnolia Road 12 feet from the Union Pacific tracks to Ohio Street. i Paving Hartland Avenue 40 feet wide from Magnolia Road to south property line of school property. 1 1 1 Laying of 8 inch water main from Magnolia Road to south s line of school property on Hartland Avenue and connecting this with a 12 inch main to the existing 12 inch main on the Union Pacific right-of-way. Constructing a 5 foot sidewalk on the south side of Magnolia Road and on the west side of Hartland Avenue from Magnolia Road to approximately 1300 feet. The rebuilding by widening the approaches to the crossing at Magnolia Road and Belmont Boulevard, the installation of signal lights and traffic controls including stop signals for approaching trains. As authorized by Resolution Number 3030, passed by the Board of Commissioners on July 7, 1969, has been determined and that the final costs have been filed by the City Engineer. A MOTION was made by Commissioner Millikan, seconded by Commissioner Yost to instruct the City Clerk to publish Notice in the official city newspaper at least once not less than ten days prior to the date of August 10, 1970, the date set for the hearing on said assessments, and that at the same time notice is published to mail to the owners of property made liable to pay the assessments, at their last known post office address, a notice of hearing and a statement of the cost proposed to be assessed against the land so owned and assessed. Ayes: (5). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: ''A RESOLUTION providing for a tax levy to create a building fund for the purpose of altering, repairing and remodeling Memorial Hall.'' Commissioner Ashton asked if there was anyone present who had any comments j about Memorial Hall. Mrs. 0. J. Cooper read a prepared statement in which she mentioned that the building was built and dedicated as a Memorial, and she feels the building should be repaired and maintained, and that the cost of doing the things mentioned by the Commissioners at the meeting last week should be done with a bond issue instead of a one mill levy for two years. Commissioner Rundquist read from the architect's report the items of importance which total $129,076.00. The 1 mill levy would raise approximately $130,000.00 over a two year period. Commissioner Ashton feels that if the Memorial Hall is repaired, a 20% City Tax should be charged on all shows and events in the Hall. Mr. John Ryberg stated that it would cost $500,000.00 to remodel Memorial Hall to make it a useful building.' Commissioner Ashton asked if the Commissioners could change their minds about levying the one mill. The City Manager stated that the City Commission could reduce the levy on August 10th, at the Budget Hearing. A motion was made by Commissioner Ashton, seconded by Commissioner Rundquist to adopt the Resolution as read and the following vote was had: Ayes: Ashton, Rundquist, Caldwell. (3). Nays: Millikan, Yost (2). Mayor approved the Resolution and it is numbered 3066. Carried. Mr. J. Q. Rodriques presented a petition requesting the City Commissioners to reconsider the Special Class Zoning of the Red Kitten, at 600 East Pacific. (The petition was later numbered 3123) Mr. Rodriques stated that this would be a supper type club and would cater to Mexican -Americans. This group has no place in Salina for this type of entertainment. Commissioner Rundquist stated that there was no mention of this to be a place for Mexican -Americans at last week's meeting when the appeal was filed, but would have had no affect on his decision. Several people were present in support of Mr. Rodriquesw appeal for Mr. Bonilla, the prospective manager of the Red Kitten. Commissioner Rundquist moved that the Commission withhold any action today, and asked that the people who protested' last week be contacted and maybe the differences could be worked out. The motion died for lack of a second. Mr. Bonilla again pledged that there would be no noise and that the dust would be kept at a minimum. He also mentioned that there had been a club there, with a beer license, since the property was brought into the City Limits. The City Planner explained the club was allowed as non -conforming use when it was brought into the City, and, that the business has been vacant for the past two years, and the property reverted back to ''A'' Residential. Mayor Caldwell said he is in sympathy with their cause, but the Commission had moved to accept the decision of the Zoning Board of Appeals to deny the Special Class Zoning. THE CITY MANAGER reported that the application for the development of Lakewood Park, Phase I, had been approved by the Joint Council on Recreation and will be forwarded to the Bureau of Outdoor Recreation for their approval. Funds will not be available until October 1, 1970. A STATEMENT was filed by Virgil Bagley, Contractor, for the Clean-up of 504 South Twelfth Street, in the amount of $457.80. A motion was made by Commissioner Ashton, seconde� by Commissioner Rundquist to approve the payment. Ayes: (5)• Nays: (0). Motion carried. On a motion by Commissioner Rundquist, the Board of Commissioners adjourned. r D. L. Harrison, City Clerk