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02-22-1988 MinutesCommission 88-053 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS FEBRUARY 22, 1988 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, February 22, 1988, at 4:00 p.m. There were present: Mayor Stephen C. Ryan, Chairman presiding Commissioner Robert E. Frank Commissioner Vi Justus Commissioner Sydney S. Soderberg Commissioner Joseph A. Warner comprising a quorum of the Board, also present: Greg Bengtson, City Attorney Robert K. Biles, City Clerk Dennis M. Kissinger, City Manager Absent: None CITIZEN FORUM Martha Thomas, 562 Brookshire, asked the City Commission to let the citizens of Salina vote on the recreational facility question. AWARDS - PROCLAMATIONS (4.1) Resolution Number 88-3957, expressing gratitude and appreciation for services rendered by William E. Harris as Acting City Manager from September 26, 1987 through February 15, 1988. Moved by Commissioner Soderberg, seconded by Commissioner Frank that Resolution Number 88-3957, expressing gratitude and appreciation for services rendered by William E. Harris as Acting City Manager from September 26, 1987 to February 15, 1988, be adopted. Aye: (5). Nay: (0). Motion adopted. The Mayor presented the plaque to Bill Harris. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing for the purpose of considering proposals from local businesses interested in applying to the Kansas Department of Commerce for CDBG business financing funds under the Economic Development Grant program. The Mayor opened the public hearing and noted that one written application from Baskets 'N Brass had been submitted. There were no other written or oral requests. The Mayor closed the public hearing and directed the city staff to work with Baskets IN Brass to prepare an application for Economic Development Funds. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting February 8, 1988. (6.2) Approve the Minutes of the Special Meeting February 10, 1988. (6.3) Set the date of March 10, 1988 to receive bids for the sale of City park property between University and Walnut, east of Broadway. Commission 88-054 88-055 88-056 (6.4) Resolution Number 88-3958, relating to benefits obtainable by cities under the program for federal and state aid on highway construction. [For a safety project for intersection improvements at the intersection of Iron Avenue and Ohio Street] (6.5) City Engineer reported on the validity of Petition Number 3947, filed by Richard Barlow for certain utility extensions in Eastridge Acres PDD, and filed a feasibility report on the improvements. Moved by Commissioner Warner, seconded by Commissioner Frank that all items on the Consent Agenda be approved. Aye: (5). Nay: (0). Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Zoning Application 87-15, filed by Charles Walker Trust #1, for the rezoning of Lot 5, Block 3, and Lots 3, 4, 5, 6, and the East 64' of Lots 1 and 7, Block 4, Countryside Addition to District C-3 (Shopping Center) be approved. [Introduce Ordinance Number 88-9237 for first reading] (7.1a) Protest Petition Number 3948, filed by property owners within 200 feet of the property requested for rezoning. Commissioner Soderberg indicated she would abstain from the discussion and the vote on this agenda item. Commissioner Soderberg stepped down from the Commissioners' bench. Moved by Commissioner Warner, seconded by Commissioner Justus that the recommendation from the City Planning Commission that Zoning Application 87-15 be accepted, that Zoning Application 87-15 be approved subject to the platting of the area, and that Ordinance Number 88-9237, providing for the amendment of Ordinance Number 8526, 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. Alan Reed, 920 East Cloud; Jim Cole, 1709 Lewis; Sam Bell, 913 East Cloud; Bob Baetz, 915 Russell and Susan Vignery, 1001 Russell, appeared in opposition to Zoning Application 87-15. They expressed their concerns about the likelihood of increased noise, lighting, litter and crime as well as the potential loss in value of surrounding residential properties. A petition protesting the rezoning was presented to the City Commission and was later numbered 3949. Elly Ritter, 1942 Valley View Drive, representing Charles Walker, and Charles Walker, spoke in favor of the rezoning noting that the City Planning Commission had approved the application twice. They presented a petition favoring the rezoning and it was later numbered 3950. The Mayor called for a vote on Commission Action # 88-055. Aye: (4) . Nay: (0) . Commissioner Soderberg abstained. Motion adopted. Commissioner Soderberg returned to the Commissioners' bench. ADMINISTRATION (8.1) Second Reading Ordinance Number 88-9235, providing for the amendment of Ordinance Number 8526, 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. [ Z87-16, filed by Wally Storey, for the rezoning of the East 32' of Lot 5 and all of Lots 6 and 7, Block 6, Replat of Moose Addition to District C-5 (Service Commercial District) ] Moved by Commissioner Justus, seconded by Commissioner Frank that Ordinance Number 88-9235, providing for the amendment of Ordinance Number 8526, 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 adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5). Nay: (0). Motion adopted. Commission 88-057 88-058 88-059 (8.2) Second Reading Ordinance Number 88-9236, providing for the amendment of Ordinance Number 8526, 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. [Z87-17, filed by Lawrence Triplett, for the rezoning of the North 75' of Lots 8 and 9, Block 1, Fruitland Addition to District C-5 (Service Commercial District) ) Moved by Commissioner Frank, seconded by Commissioner Soderberg that Ordinance Number 88-9236, providing for the amendment of Ordinance Number 8526, 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 adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5). Nay: (0). Motion adopted. (8.3) Discussion of pending legislation: Kansas House Bill 2745, regarding municipal regulation of railroad activities. Moved by Commissioner Frank, seconded by Commissioner Warner that the Mayor be authorized to sign letters to area legislators stating the City of Salina's opposition to Kansas House Bill 2745. Aye: (5) . Nay: (0) . Motion adopted. None OTHER BUSINESS ADJOURNMENT Moved by Commissioner Frank, seconded by Commissioner Ryan that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion adopted. The meeting adjourned at 4:53 p.m. [SEAL] ATTEST: l `6bert K. Biles, City�Silerk Stephen C. Ryan, Mayor