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09-21-1987 MinutesCommission 87-183 CITY OF SALINA, KANSAS REGULAR MEETI14G OF THE BOARD OF COMMISSIONERS SEPTEMBER 21, 1987 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, September 21, 1987, 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 Rufus L. Nye, City Manager Absent: None None CITIZEN FORUM AWARDS - PROCLAMATIONS The Mayor proclaimed the Week of September 27 through October 3, 1987 as "I CARE WEEK". The proclamation was read by Ann Gafford, Past President of the Citizens Coalition on Drug and Alcohol Abuse. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting September 14, 1987. (6.2) Petition 3943 filed by B. R. Becker for street improvements on Thirteenth Street from Woodland to Pacific and water main and services for certain lots in Pacific Addition. [Refer to City Engineer for a recommendation] (6.3) Resolution 87-3913, authorizing the Mayor to enter into an agreement with Kenneth J. and Annabelle M. Nordboe, husband and wife, and Merle E. and Norma J. Nordboe, husband and wife, resolving all issues related to alleged impairment of a vested water right by the City of Salina. (6.4) Authorize the Mayor to sign an agreement with Kennedy and Coe, Certified Public Accountants, to perform the 1987 audit. Moved by Commissioner Soderberg, seconded by Commissioner Warner 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 87-12, filed by the City Planning Commission, recommending amendments to various sections of the Salina Zoning Ordinance, be approved. (Introduce Ordinance 87-9203 first reading (Sec 42-27) (Introduce Ordinance 87-9204 first reading (Sec 42-404) (Introduce Ordinance 87-9205 first reading (Sec 42-552) (Introduce Ordinance 87-9206 first reading (Sec 42-689) Commission 87-184 87-185 87-186 87-187 87-188 87-189 87-190 87-191 87-192 87-193 (Introduce Ordinance 87-9207 first reading (Sec 42-143,144,145) (Introduce Ordinance 87-9208 first reading (Sec 42-158,159,160) (Introduce Ordinance 87-9209 first reading (Sec 42-173,174,175) (Introduce Ordinance 87-9210 first reading (Sec 42-188,189,190) (Introduce Ordinance 87-9211 first reading (Sec 42-203,204,205) (Introduce Ordinance 87-9212 first reading (Sec 42-285) Moved by Commissioner Justus, seconded by Commissioner Warner that the recommendation of the City Planning Commission be accepted and that Zoning Application 87-12 be approved and that Ordinance Number 87-9203, providing for the amendment of Chapter 42 of the Salina Code by adding Section 42-27, pertaining to limitations on reapplication for rezoning, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. Moved by Commissioner Warner, seconded by Commissioner Soderberg that Ordinance Number 87-9204, providing for the amendment of Section 42-404 of the Salina Code pertaining to the procedure for securing approval of a planned development and the establishment of a planned development district and repealing the existing section, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. Moved by Commissioner Soderberg, seconded by Commissioner Justus that Ordinance Number 87-9205, amending Section 42-552 of the Salina Code pertaining to standards for off-street parking and repealing the existing section, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. Moved by Commissioner Frank, seconded by Commissioner Warner that Ordinance Number 87-9206, amending Section 42-689 of the Salina Code which defines group day care center and repealing the existing section, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. Moved by Commissioner Soderberg, seconded by Commissioner Justus that Ordinance Number 87-9207, providing for the amendment of Section 42-143 of the Salina Code pertaining to conditional uses in the R District and repealing the existing section, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. Moved by Commissioner Justus, seconded by Commissioner Warner that Ordinance Number 87-9208, providing for the amendment of Sections 42-158, 42-159, 42-160 of the Salina Code pertaining to conditional uses, lot size requirements and bulk regulations in the R-1 District and repealing the existing sections, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. Moved by Commissioner Warner, seconded by Commissioner Frank that Ordinance Number 87-9209, providing for the amendment of Sections 42-173, 42-174, 42-175 of the Salina Code pertaining to conditional uses, lot size requirements and bulk regulations in the R-2 District and repealing the existing sections, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. Moved by Commissioner Soderberg, seconded by Commissioner Warner that Ordinance Number 87-9210, providing for the amendment of Sections 42-188, 42-189, 42-190 of the Salina Code pertaining to conditional uses, lot size requirements and bulk regulations in the R-2.5 District and repealing the existing sections, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. Moved by Commissioner Warner, seconded by Commissioner Frank that Ordinance Number 87-9211, providing for the amendment of Sections 42-203, 42-204, 42-205 of the Salina Code pertaining to conditional uses, lot size requirements and bulk regulations in the R-3 District and repealing the existing sections, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. Moved by Commissioner Justus, seconded by Commissioner Frank that Ordinance Number 87-9212, amending Section 42-285 of the Salina Code pertaining to the bulk regulations in District C-3 and repealing the existing section, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. Commission 87-194 87-195 87-196 87-197 87-198 ADMINISTRATION (8.1) Second Reading Ordinance Number 87-9200, amending Section 42-40 of the Salina Code designating Planned Commercial Districts (PC -1 through PC -6) and repealing the existing section. Moved by Commissioner Frank, seconded by Commissioner Warner that Ordinance Number 87-9200, amending Section 42-40 of the Salina Code designating Planned Commercial Districts (PC -1 through PC -6) and repealing the existing section, be adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5) . Nay: (0) . Motion adopted. (8.2) Second Reading Ordinance Number 87-9201, providing for Planned Commercial Districts and amending Chapter 42 of the Salina Code by adding Division 2 to Article VII, Planned Development District. Moved by Commissioner Warner, seconded by Commissioner Justus that Ordinance Number 87-9201, providing for planned commercial districts and amending Chapter 42 of the Salina Code by adding Division 2 to Article VII, Planned Development District, be adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5). Nay: (0). Motion adopted. (8.3) Second Reading Ordinance Number 87-9202 authorizing and directing the issuance, sale and delivery of $2,650,000 principal amount of combined Water and Sewage System Revenue Bonds, Series of 1987, of the City of Salina, Kansas, for the purpose of repairing, altering, extending, reconstructing, enlarging and improving the combined water and sewage system. Moved by Commissioner Justus, seconded by Commissioner Soderberg that Ordinance Number 87-9202, authorizing and directing the issuance, sale and delivery of $2,650,000 principal amount of combined water and sewage system revenue bonds, series of 1987, of the City of Salina, Kansas, for the purpose of repairing, altering, extending, reconstructing, enlarging and improving the combined water and sewage system, including, but not limited to, the reconstruction of the filter system which is part of the waterworks system, prescribing the form and details of said revenue bonds, providing for the collection, segregation and application of the revenues of said system for the purposes authorized by law, including paying the cost of operation and maintenance of said utility, paying the principal of and interest on the revenue bonds of said city issued against said system and providing adequate reserve funds, making certain covenants with respect to said bonds, approving a preliminary official statement and official statement relating to said bonds and amending Ordinance Number 84-9025 adopted and approved on May 23, 1984, be adopted. Aye: Frank, Justus, Soderberg, Warner, Ryan (5). Nay: (0). Motion adopted. (8.4) First Reading Ordinance Number 87-9213, providing for the vacation of a portion of street right-of-way of Highland Avenue, adjacent to Block 34, Key Acres Second Addition to the City of Salina, Saline County, Kansas. (Requested in Petition 3940, filed by Salina Development Company, Inc.) Moved by Commissioner Soderberg, seconded by Commissioner Justus that Ordinance Number 87-9213, providing for the vacation of a portion of street right-of-way of Highland Avenue, adjacent to Block 34, Key Acres Second Addition to the City of Salina County, Kansas, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. (8.5) First Reading Ordinance Number 87-9214, providing for the vacation of portions of public street right-of-way in Eastridge Addition to the City of Salina, Saline County, Kansas. (Barlow Drive, Barlow Court and Fairdale Road in Eastridge Addition. Requested in Petition 3941, filed by Robert M. Wasko, attorney for all owners of tracts of land in Eastridge Acres Planned Development District.) Moved by Commissioner Warner, seconded by Commissioner Justus that Ordinance Number 87-9214, providing for the vacation of portions of public street right-of-way in Eastridge Addition to the City of Salina, Saline County, Kansas, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. Commission --11dfAW6TC%MA Ir 87-199 87-200 ___- 87-201 87-202 (8.6) First Reading Ordinance Number 87-9215, providing for the vacation of the twenty (20) foot utility easement located between Lots 10 and 11, Block 22, Belmont Addition to the City of Salina, Saline County, Kansas. (Requested in Petition 3942, filed by Linda Dinneen) Moved by Commissioner Justus, seconded by Commissioner Frank that Ordinance Number 87-9215, providing for the vacation of the twenty (20) foot utility easement located between Lots 10 and 11, Block 22, Belmont Addition to the City of Salina, Saline County, Kansas, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. (8.7) First Reading Ordinance Number 87-9216 ordering the condemnation and appropriation of certain land in Saline County, Kansas, for permanent and access easements for the use of the City of Salina, Kansas, for the purpose of drilling, installing, monitoring and maintaining an observation well on certain property in Saline County, all as authorized by K.S.A. 13-1023 and amendments thereto, and pursuant to the eminent domain procedure act, K.S.A. Chapter 26 and amendments thereto, as the same relates to condemnation by cities and further pursuant to Resolution Number 87-3912 of the City of Salina, Kansas. Moved by Commissioner Soderberg, seconded by Commissioner Warner that Ordinance Number 87-9216 ordering the condemnation and appropriation of certain land in Saline County, Kansas, for permanent and access easements for the use of the City of Salina, Kansas, for the purpose of drilling, installing, monitoring and maintaining an observation well on certain property in Saline County, all as authorized by K.S.A. 13-1023 and amendments thereto, and pursuant to the eminent domain procedure act, K.S.A. Chapter 26 and amendments thereto, as the same relates to condemnation by cities and further pursuant to Resolution Number 87-3912 of the City of Salina, Kansas, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (8.8) First Reading Ordinance Number 87-9217, to enter into an Interlocal Cooperation Agreement to establish the Kansas Intergovernmental Risk Management Agency. Moved by Commissioner Frank, seconded by Commissioner Soderberg that Ordinance Number 87-9217, to enter into an Interlocal Cooperation Agreement to establish the Kansas Intergovernmental Risk Management Agency, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (8.9) Resolution Number 87-3914, authorizing the Mayor to enter into an agreement and to execute the release of a permanent easement for which no public purpose further exists. Moved by Commissioner Justus, seconded by Commissioner Warner that Resolution Plumber 87-3914, authorizing the Mayor to enter into an agreement and to execute the release of a permanent easement for which no public purpose further exists, be adopted. Aye: (5). Nay: (0). Motion adopted. OTHER BUSINESS Commissioner Soderberg acknowledged City Manager Nye, thanked him for his years of service and wished him well. ADJOURNMENT Moved by Commissioner Warner, seconded by Commissioner Justus that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion adopted. The meeting adjourned at 4:25 p.m. [SEAL] ATTEST: Robert K. Biles, City Clerk Stephen C. Ryan, Mayor