05-04-1987 MinutesCommission
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
MAY 4, 1987
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, May 4, 1987, at four 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
D. L. Harrison, City Clerk
Rufus L. Nye, City Manager
Absent:
None
CITIZEN FORUM
Randy Holm asked the City Commissioners to consider one meeting a
month in the evening so working people may attend.
AWARDS - PROCLAMATIONS
(4.1) The Mayor proclaimed the Week of May 10 through 16, 1987 -
"NURSING HOME WEEK". The proclamation was read by Beverly Herron,
Activity Director of Shalimar Plaza Nursing Home.
(4.2) The Mayor proclaimed the Week of May 3 through 9, 1987 - "BE KIND
TO ANIMALS V'IEEK" . The proclamation was read by Betty Lambert,
Vice-president of the Saline County Humane Association.
(4.3) The Mayor proclaimed the Week of May 4 through 8, 1987 -
"NATIONAL TEACHER APPRECIATION WEEK". The proclamation was read by
Karma DeForest, Third Grade Teacher at Grace E. Stewart School.
(4.4) The Mayor presented plaques of appreciation to past City
Commissioners John F. Burgess, Dr. Merle A. Hodges, and Joseph M. Ritter.
(4.5)
The Mayor presented
plaques of
appreciation to: Dan Bachofer, past
member
of the Building Codes
Advisory
and Appeals Board; Joe Cinalli, past
member
of the City Planning Commission;
Larry Edwards, past member of the
Housing
Authority of the City
of Salina;
Judy Burgard and Jack Weisgerber,
past members of the Salina Arts
and Humanities Commission.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting April 27, 1987.
(6.2)
Petition Number 3932,
filed by the Meadowlark P.T.A. Safety
Committee for the installation of a
four foot wide curb sidewalk on the
south side
of Glen
Avenue extending from
Beechwood west to Marymount Road
to enable
children
to have a more direct
route from Meadowlark School to the
actuated
light on
Marymount Road; also the installation of a curb sidewalk on
the north
side of
Northwood between Fairdale and Beechwood. [This petition
should be
referred
to the City Engineer for
a recommendation]
87-65 1 Moved by Commissioner Frank, seconded by Commissioner Warner that
all items on the consent agenda be approved. Aye: (5). Nay: (0). Motion
adopted.
Commission
Aff'- <:
87-67
87-68
87-69
87-70
— 87-71
DEVELOPMENT BUSINESS
(7.1) Recommendation by the City Planning Commission that Zoning
Application 87-5, filed by the City Planning Commission requesting consideration
of amendments to Article VI, Division 9 (Mobile Home Park District), Article VII
(Flood plain zoning district) and Article XIV (Definitions) of [Chapter 42 of the
City of Salina Code] Zoning Ordinance in order to comply with rule changes
mandated by the Federal Emergency Management Agency (FEMA), be approved.
Moved by Commissioner Justus, seconded by Commissioner Soderberg
that the recommendation of the City Planning Commission be accepted and that
Zoning Application 87-5 be approved, and that Ordinance 87-9183, renaming the
"Mobile Home Park District" to "Manufactured Home Park District"; substituting
the term "Manufactured Home" for "Mobile Home"; amending Division 9 of Article
VI of Chapter 42 of the Salina Code and repealing the existing sections, be
introduced for first reading. Aye: (5). Nay: (0). Motion adopted.
Moved by Commissioner Warner, seconded by Commissioner Soderberg
that Ordinance 87-9184, substituting the term "Manufactured Home" for "Mobile
Home"; providing that the City of Salina shall obtain, review, and utilize any
base flood elevation and floodway data available from a Federal, State or other
source to regulate construction in Zone A; amending Sections 42-438, 42-439,
42-782.1, 42-783 and repealing the existing sections; amending Article XIV of
Chapter 42 of the Salina Code by repealing Sections 42-668.2, 42-668.4, 42-715,
42-716, 42-717, 42-718, and by adding Sections 42-712.1, 42-712.2, 42-712.3,
42-712.4, 42-719.1, be introduced for first reading. Aye: (5) . Nay: (0) .
Motion adopted.
Moved
by Commissioner Soderberg, seconded by Commissioner Justus
that Ordinance 87-9185, requiring mechanical and
utility equipment
to be elevated
above the base
flood elevation or designed so as
to prevent water
from entering
or accumulating
within the equipment components;
amending Section
42-440 of the
Salina Code and
repealing the existing section, be introduced for
first reading.
Aye: (5). Nay:
(0). Motion adopted.
Moved by Commissioner Justus, seconded by Commissioner Soderberg
that Ordinance 87-9186, requiring fully enclosed areas below the base flood
elevation to be designed to allow for the automatic entry and exit of floodwaters
to equalize hydrostatic flood forces; substituting the term "Manufactured Home"
for "Mobile Home"; requiring all manufactured homes placed or substantially
improved within Zones Al - 30, AH and AE to be elevated on a permanent
foundation such that the lowest floor of the manufactured home is at or above
the base flood elevation; amending Section 42-442 of the Salina Code and
repealing the existing section, be introduced for first reading. Aye: (5). Nay:
(0) . Motion adopted.
Moved by Commissioner Warner, seconded by Commissioner Soderberg
that Ordinance 87-9187, amending Sections 42-40 and 42-43 of the Salina Code
regarding Zoning Classifications; and repealing the existing sections, be
introduced for first reading. Aye: (5). Nay: (0). Motion adopted.
(7.2) Recommendation from the City Planning Commission that Zoning
Application 87-6, filed by the City Planning Commission, requesting consideration
of amendments to Section 36-74(b) of the Salina Subdivision Regulations to amend
the street design standards for residential streets by reducing the right-of-way
on short segment and loop streets from 60' to 50' and by the paving width from
the current requirement of 33' to 29' back to back and by reducing the
dimensions of cul-de-sac turnarounds from the current 90' turnaround diameter
to 801, be approved. [Introduce Ordinance 87-9188 for first reading.]
Moved by Commissioner Warner, seconded by Commissioner Soderberg
that the recommendation of the City Planning Commission be accepted and that
Zoning Application 87-6 be approved, and that Ordinance 87-9188, establishing
minimum design standards for major and minor local streets, and for private
streets within planned development districts; amending Section 36-74 of the
Salina Code and repealing the existing section, be introduced for first reading.
Randy Holm, expressed his concern about narrower streets and the
safety of children, parking, and driving.
Bob Haworth, representative of the Home Builders and Board of
Realtors, said these organizations are in favor of the changes and asked that the
application be approved.
Commission
87-72
87-73
The Mayor called for a vote on Commission Action Number 87-71. Aye:
Justus, Soderberg, Warner, Ryan (4). Nay: Frank (1). Motion adopted.
(7.3) Recommendation from the City Planning Commission that Zoning
Application 87-7, filed by Danny Huehl and Monty Montee, requesting a change
in the zoning classification from AG (Agriculture) to MH -S (Manufactured Home
Subdivision) on property in the N-' of the SE -41 of Section 35 Township 14 South,
Range 3 West lying west of Interstate 135 and less the South 59 feet of the West
1,364 feet (39.58 acres), be denied.
(7.3a) Request by George Yarnavich, Attorney for Huehl and Montee, to
make a presentation.
(7.3b) Request by George Yarnavich for an engineer from Wilson and
Company to make a presentation.
(7.3c) Request by Monty Montee for Gary McCausland to speak on
property value before and after development.
(7.3d) Petition Number 3233 filed by property owners within 200 feet of
the request area protesting the rezoning of the property.
George Yarnavich, asked the City Commission to reconsider the
application which was denied by the City Planning Commission. The access to
the area was the problem and the City Planning Commission did not ask for
evidence of accessibility. He said they have additional information for the City
Commission and City Planning Commission.
Charles May, Wilson and Company Representative, stated his firm was
hired to study the traffic at Virginia Drive and Schilling Road for a 130 unit
park when a manufactured home park is in operation. He said the intersection
would handle the increased traffic without any problems.
Monty Montee, applicant, stated the original plan was for 200 units,
but with setback requirements only 130 units can be put into the park. These
will be permanent structures with block foundations. It is not a mobile home
park because the units can have basements and double garages.
Dean Owens, Attorney for Hollybrooke Homeowners Association, said
the home owners are in the area south of the requested area. He stated that
the evidence given today was given at the City Planning Commission meeting on
April 21st. Nothing has changed today. He said their concern is for safety,
traffic, fire control. There are no solutions to the problems. He said Virginia
is the only street entering the proposed mobile home park and it is a residential
street, not a collector street. He pointed out that 100% of the resident owners
have signed the protest petition requesting the City Commission to accept the
City Planning Commission recommendation to deny the rezoning.
Gregory Abbott, 816 Greenbriar, spoke against the rezoning because
of the bottleneck at Virginia and Schilling Road.
Paul Adrian, Broker for M & K Development, said the rezoning would
have a bad effect on the neighborhood with only one street entering the park.
Loren Jackson, 802 Merrily Drive, stated he lives near the intersection
of Virginia and Schilling and it is a problem now, and it would be a real
bottleneck with the mobile home park.
Danny Huehl, Mid Kansas Mobile Home, asked the City Commission to
look at these homes, they are not a mobile home, but a permanent structure.
Moved by Commissioner Soderberg, seconded by Commissioner Justus
that the recommendation of the City Planning Commission be accepted and that
Zoning Application 87-7 be denied. Aye: (5). Nay: (0). Motion adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 87-9182, amending Section 40-88 of
the Salina Code pertaining to insurance requirements for taxicabs and repealing
the existing section.
Moved by Commissioner Justus, seconded by Commissioner Soderberg
that Ordinance Number 87-9182, amending Section 40-88 of the Salina Code
pertaining to insurance requirements for taxicabs and repealing the existing
section, be adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5). Nay:
(0) . Motion adopted.
Commission
87-74
87-75
OTHER BUSINESS
The Mayor, with the approval of the Board of Commissioners, made the
following appointments:
Board of Zoning Appeals
Clarence Christian, reappointed for a 3 year term to May 3, 1990
Michael D. Brown, appointed to succeed Alice Denning, for a 3 year term to
May 3, 1990.
Larry Strahan, appointed to succeed Laura Lockwood, for a 3 year term
to May 3, 1990.
City Planning Commission of the City of Salina, Kansas
Fred Gaines, reappointed for a 3 year term to May 3, 1990.
Peter Brungardt, appointed to succeed Joe Cinalli, for a 3 year term
to May 3, 1990.
E. Dale Anderson, Outside the City Representative, appointed to succeed
Paul Mott, for a 3 year term to May 3, 1990.
Moved by Commissioner Soderberg, seconded by Commissioner Warner
that the City Commission not appeal the decision of the District Court of Saline
County, Kansas in Case No. 86-C-383 and that the City Manager be directed to
comply with the order of the Court as soon as he deems practical, within the
time period established by the Court. Aye: (5) . Nay: (0) . Motion adopted.
ADJOURNMENT
Moved by commissioner Soderberg, seconded by Commissioner Frank
that the Regular Meeting of the Board of Commissioners be adjourned. Aye:
(5). Nay: (0). Motion adopted. The Meeting adjourned at 5:20 p.m.
[SEAL]
ATTEST:
D. L. Harrison, City Clerk
Stephen C. Rya , Mayor