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09-10-1990 MinutesAction CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS SEPTEMBER 10, 1990 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, September 10, 1990, at 4:00 p.m. There were present: Mayor Robert E. Frank, Chairman presiding Commissioner Carol E. Beggs Commissioner John Divine Commissioner Stephen C. Ryan Commissioner Joseph A. Warner comprising a quorum of the Board, also present: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Jacqueline Shiever, City Clerk Absent: None CITIZEN FORUM Ben Frick, 121 Overhill Road, representing the North Salina Business Association, reviewed some of the activities planned by the North Salina Business Association and asked for City Commission participation in the Santa Fe Days Celebration. AWARDS - PROCLAMATIONS (4.1) The Mayor proclaimed the Week of September 10 through 14, 1990 as "FIND NANCY SHOEMAKER WEEK." The proclamation was read by Mayor Frank. (4.2) The Mayor proclaimed the Week of September 9 through 15, 1990 as as "SALINA HUMAN RELATIONS WEEK." The proclamation was read by Margaret Yarnivich, Human Relations Committee member. (4.3) The Mayor proclaimed the Week of September 17 through 23, 1990 as "CONSTITUTION WEEK." The proclamation was read by Marjorie Boster, Constitution Week Chairman of the Mary Wade Strother Chapter of the Daughters of the American Revolution. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on the vacation of street right-of-way with retention of pedestrian and utility easements on a portion of Fredrich Drive in Meyer Addition. Mayor Frank declared the public hearing open. Don Hoff, Director of Engineering and Utilities, reviewed the vacating request and discussed the easement to be retained. There were no comments, written or oral filed, so the Mayor declared the public hearing closed. (5.1a) First Reading Ordinance Number 90-9408, providing for the vacation of a portion of street right-of-way on Fredrich Drive in Meyer Addition. 90-344 Moved by Commissioner Divine, seconded by Commissioner Ryan that Ordinance Number 90-9408, providing for the vacation of a portion of street right-of-way on Fredrich Drive in Meyer Addition, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. Action 90-345 90-346 90-347 (5.2) Public hearing on the vacation of the South 1' of the utility easement lying along the north property line of Lot 22, Block 1, Georgetown Addition. (5.2a) First Reading Ordinance Number 90-9409, providing for the vacation of the South 1' of the utility easement lying along the north property line of Lot 22, Block 1, Georgetown Addition. Mayor Frank declared the public hearing open. Jim Bell, Millwood Realty and representing Mr. Pohlman, the petitioner, explained the situation with an abandoned gas line in the utility easement on this property and asked to withdraw the petition from consideration. There were no other comments, written or oral, so the Mayor declared the public hearing closed. Moved by Commissioner Ryan, seconded by Commissioner Warner that the request to withdraw the petition be accepted. Aye: (5). Nay: (0). Motion adopted. (5.3) Public Hearing on the vacation of the storm water drainage easement and utility easement on Lot 2, Block 1, Lundberg Addition. (5.3a) First Reading Ordinance Number 90-9410 providing for the vacation of the storm water drainage easement on the South 325 feet of Lot 1 , Block 1 , Lundberg Addition. Mayor Frank declared the public hearing open. Don Hoff, Director of Engineering and Utilities, reviewed the storm water drainage easement on Lot 1, Block 1, Lundberg Addition and said the request is to vacate the storm water drainage easement on the South 325'. There were no comments filed, written or oral, so the Mayor declared the public hearing closed. Moved by Commissioner Ryan, seconded by Commissioner Warner that Ordinance Number 90-9410 providing for the vacation of the storm water drainage easement on the South 325 feet of Lot 1, Block 1, Lundberg Addition, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting August 27, 1990. (6.2) Set the date of September 18, 1990 to receive bids on a 1990 2 -ton truck cab and chassis for the Park Department. (6.3) Set the date of October 4, 1990 to receive bids for Engineering Project 90-809 (Digester Roof) . (6.4) Set the date of October 4, 1990 to receive bids for Engineering Project 90-808, 1990 sidewalk improvements. (6.5) Set the dates of September 24 and October 22, 1990 for CDBG Economic Development public hearings. Moved by Commissioner Warner, seconded by Commissioner Beggs that all items on the consent agenda be approved. Aye: (5). Nay: (0). Motion adopted. Action 90-348 90-349 90-350 DEVELOPMENT (7.1) Recommendation from the City Planning Commission that Zoning Application 90-10, filed by Keith and Janice Olson, for the rezoning of Lot 2, Block 1, Worsley Addition to District PC -2 (Planned Neighborhood Shopping), be approved. [Introduce Ordinance Number 90-9411 for first reading] Roy Dudark, Director of Planning and Community Development, reviewed the zoning application and the action taken by the City Planning Commission. Jack Stewart, Attorney representing the applicants, reviewed the concerns expressed by neighbors at the June 25 City Commission meeting and City Planning Commission meetings, reviewed the Planned Development District and asked the City Commission to approve the PDD application. Mary Jane Hendrix, 458 Maple; Merlin Stevens, 340 Maple; Gary True, 329 Maple; Mrs. Neal Mitchell, 703 Willis; Roger Will, 453 Tulane; Stewart Johannes, 503 Lena; Della Tomanek, 349 Maple, spoke in opposition to the rezoning, citing reasons of additional traffic, safety of the school children and storm water drainage. Lillian Maclntosh, 452 Maple, spoke in favor of allowing the rezoning. Richard Comfort, representing Mr. and Mrs. Hendrix, reviewed the issues to which the neighbors object in the rezoning matter. Wilber Davis, 317 West Jewell, said the intersection of Broadway and Hageman needs a traffic signal and several stop signs along Hageman. The City Commissioners discussed the matter. Moved by Commissioner Ryan, seconded by Commissioner Warner that the recommendation of the City Planning Commission be accepted, that Zoning Application 90-10 be approved and that Ordinance Number 90-9411, providing for the amendment of Ordinance Number 8426, the same being Chapter 42 of the Salina Code, 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, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. Commissioner Ryan left the meeting at 6:07 p.m. ADMINISTRATION (8.1) Second Reading Ordinance Number 90-9406, annexing land to the City of Salina, Saline County, Kansas, in conformity with K.S.A. 12-520(b). [Park land east of Meyer Addition] Moved by Commissioner Warner, seconded by Commissioner Divine, that Ordinance Number 90-9406, annexing land to the City of Salina, Saline County, Kansas, in conformity with K.S.A. 12-520(b), be adopted. Aye: Beggs, Divine, Warner, Frank. (4). Nay: (0). Commissioner Ryan absent. Motion adopted. (8.2) Second Reading Ordinance Number 90-9407, amending Section 27-16.1 of the Salina Code regarding park regulations and identifying the hours during which certain city parks shall be closed; and repealing the existing section. Moved by Commissioner Divine, seconded by Commissioner Beggs that Ordinance Number 90-9407, amending Section 27-16.1 of the Salina Code regarding park regulations and identifying the hours during which certain city parks shall be closed; and repealing the existing section, be adopted. Aye: Beggs, Divine, Warner, Frank. (4). Nay: (0). Commissioner Ryan absent. Motion adopted. Action 90-351 90-352 90-353 90-354 (8.3) Resolution Number 90-4232, Directing public notice of application for vacation of a portion of Johnstown Avenue, a public street, from the east line of Oakdale Avenue to the west line of Penn Avenue. [The Resolution sets October 8, 1990 for public hearing.] Commissioner Warner announced he would abstain from discussion and voting on this issue as St. John's Hospital is his employer. Commissioner Divine asked that the property owners in the vicinity be notified and that there be a traffic count made prior to the public hearing. Moved by Commissioner Divine, seconded by Commissioner Beggs that Resolution Number 90-4232, Directing public notice of application for vacation of a portion of Johnstown Avenue, a public street, from the east line of Oakdale Avenue to the west line of Penn Avenue, be adopted. Aye: Beggs, Divine, Frank (3) . Nay: (0) . Commissioner Warner abstained. Motion adopted. (8.4) Resolution Number 90-4233, appointing members to the Board of Zoning Appeals, City Planning Commission, Convention and Tourism Committee, Disciplinary Advisory Board, Housing Authority of the City of Salina, Human Relations Commission, Parks and Recreation Advisory Board, Salina Arts and Humanities Commission. Moved by Commissioner Warner, seconded by Commissioner Beggs that Resolution Number 90-4233, appointing members to the Board of Zoning Appeals, City Planning Commission, Convention and Tourism Committee, Disciplinary Advisory Board, Housing Authority of the City of Salina, Human Relations Commission, Parks and Recreation Advisory Board, Salina Arts and Humanities Commission, be adopted. Aye: (4). Nay: (0). Motion adopted. (8.5) Request from the Salina Housing Authority regarding the City's participation in the Saline County Family Transitional Housing Program for 1990. Abner Purney, Director of the Salina Housing Authority, asked for City of Salina participation in the Saline County Family Transitional Housing Program for 1990 in the amount of $3,000. Moved by Commissioner Warner, seconded by Commissioner Divine that the City Commission approve participation in the Saline County Transitional Housing Program in 1990 in the amount of $3,000. Aye: (4). Nay: (0). Motion adopted. OTHER BUSINESS Mayor Frank asked for citizen participation at the Santa Fe Days festivities this weekend, September 14 and 15. ADJOURNMENT Moved by Commissioner Beggs, seconded by Commissioner Divine that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0) . Motion adopted. The meetir{}� rneedd at 6:26 M. Robert E. Frank, M r [SEAL] ATTEST: J ,.�t.► SA; w Jacquel}ne Shiever, City Clerk