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07-15-1985 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS JULY 15, 1985 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City-County Building, on Monday, July 15, 1985, at four p.m. There were present: Acting Mayor Joseph M. Ritter, Chairman presiding Commissioner John F. Burgess Commissioner Stephen C. Ryan Commissioner Sydney S. Soderberg comprising a quorum of the Board, also present: L. O. Bengtson, City Attorney D. L. Harrison, City Clerk Rufus L. Nye, City Manager Absent: Mayor Merle A. Hodges CITIZEN FORUM None AWARDS- PROCLAMATIONS None PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting July 8, 1985. (6.2) Petition Number 3903 filed by Don Vancil for the vacation of an unused portion of Grand Boulevard in Block 10, Chicago Addition. [Refer to the City Engineer for a recommendation.] (6.3) Petition Number 3904 filed by Elmer N. Pearse for the vacation of the East 5' and the West 5' of Fifth Street between Elm and Pine Streets. [Refer to the City Engineer for a recommendation.] (6.4) Report on bids received July 11, 1985 for Engineering Project 85-728 for Phase 1 of Ohio Street Improvements. [Belmont Boulevard to North of Jewell Avenue. Contract awarded to Brown and Brown, Inc. for $844,602.50.] (6.5) Authorize the Mayor to sign an agreement with the Salina Coffee House to allow the Salina Coffee House to use approximately 10 feet of city easement for loading and unloading. [Adopt Resolution Number 85-3793 designating a loading zone on the south side of the old Swift Building] 85-137 Moved by Commissioner Burgess, seconded by Commissioner Soderberg that all items on the Consent Agenda be approved. Aye: (4). Nay: (0)o Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Miscellaneous Application 85-6, filed by the Development Advisory Committee for the amendment of Section 8-409 of the Salina Code concerning fences, be approved. [Introduce Ordinance Number 85-9080 for first reading.] 85-138 Moved by Commissioner Burgess, seconded by Commissioner Ryan that the recommendation of the City Planning Commission be accepted and that Miscellaneous Application 85-6 be approved and that Ordinance Number 85-9080, establishing the requirements for commercial and industrial fences; amending Section 8-409 of the Salina Code and repealing the existing sedtion, be introduced for first reading. Aye: (4). Nay: (0). Motion adopted. (7.2) Recommendation from the City Planning Commission that Plat Application 85-3A, filed by Reginald Hurd for the approval of Hurd Plaza Addition, be approved. 85-139 Moved by Commissioner Soderberg, seconded by Commissioner Ryan that the recommendation of the City Planning Commission be accepted and that Plat Application 85-3A be approved, and that the Mayor be authorized to sign the Final Plat of Hurd Plaza Addition. Aye: (4). Nay: (0). Motion adopted. (7.3) Recommendation from the City Planning Commission that Zoning Application 85-7 filed by Kenneth Opat for the rezoning of certain lots in Blocks 3 and 7, in the Replat of Lot 22, Block 2 and Lot 9, Block 6 Dow Addition, be approved. [Introduce Ordinance Number 85-9081 for first reading.] 85-140 Moved by Commissioner Burgess, seconded by Commissioner Soderberg that the recommendation of the City Planning Commission be accepted and that Zoning Application 85-7 be approved and that Ordinance Number 85-9081, 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. Aye: (4). Nay: (0). Motion adopted. ADMINISTRATION (8.1) Second Reading Ordinance Number 85-9079 - concerning the Standard Traffic Ordinance for Kansas Cities, Edition of 1985; Amending Section 30 of said Ordinance relating to driving while under the influence of intoxicating liquor or drugs; amending Section 194 relating to driving while a license is canceled, suspended or revoked; adding a new section numbered 201a relating to failure to comply with a traffic citation; and repealing the original sections 30 and 194 of said ordinance. 85-141 Moved by Commissioner Soderberg, seconded by Commissioner Ryan that Ordinance Number 85-9079, concerning the Standard Traffic Ordinance for Kansas Cities, Edition of 1985; Amending Section 30 of said Ordinance relating to driving while under the influence of intoxicating liquor or drugs; amending Section 194 relating to driving while a license is canceled, suspended or revoked; adding a new section numbered 201a relating to failure to comply with a traffic citation; and repealing the original sections 30 and 194 of said ordinance, be adopted. Aye: Burgess, Ryan, Soderberg, Ritter. (4). Nay: (0). Motion adopted. (8.2) Consideration of a request by A. L. Botts for permission to operate a taxi-cab company in the city. [Tabled for two weeks at the July 1, 1985 meeting. ] A. L. Botts, thinks two cab companies are better than one. He was asked about working 18 hours instead of 12. He said he would if the business was adequate. Eloise French, said she has 5 cabs she is using and 5 cabs parked, but they are ready. We are giving good service with no complaints that we know of and we want the opportunity to operate all 10 cabs when there is sufficient business to operate that many. 85-142 Moved by Commissioner Soderberg, seconded by Commissioner Ryan that the City Manager be directed to check with other cities on regulation of cab companies and that the application be tabled for 30 days. (8.3) Request by Eric Nelson, Managing partner of Burger King, that left turns be allowed after 6 p.m. for westbound traffic on Iron Street at the corner of Santa Fe and Iron. 85-143 Moved by Commissioner Burgess, seconded by Commissioner Soderberg that we allow left turns at Iron and Santa Fe, between 6:00 p.m. and 6 a.m. on a six month trial period, and that Resolution Number 85-3794, authorizing the installation and marking of the intersection of Santa Fe Avenue and Iron Avenue to allow left turns during the hours of 6 p.m. to 6 a.m., be adopted. Aye: (4). Nay: (0). Motion adopted. (8.4) Request by Dean Owens, Attorney at Law, representing certain residents in Dow Addition, that the Board of Commissioners initiate a proposal for the rezoning of Eastgate Addition from Multiple-Family Residential to Single-Family Residential. Dean Owens, Attorney representing a number of residential owners, is opposed to the Eastgate Addition Multi-family zoning. Their concern is that traffic generated by the proposed high density apartment development will adversely affect the safety and welfare of the residents of Dow Addition. He asked the City Commissioners to initiate an application to rezone Eastgate Addition from R-3 to R-1 zoning. This would allow a public hearing before the City Planning Commission. Ken Opat, said public utilities would be a problem with high density building in Eastgate. We are against these apartments because of traffic, safety, nuisance, and decrease in our property valuation. Charles Ritter, 1232 Louise Lane, said his concern is access to this area. He said there is no other way in or out of this area. Steve Cassel, 1108 East Minneapolis, said there have not been any building permits issued for this area. Conflict of interest should be checked on members of the Planning Commission and City Commission. We are asking for a public hearing. George Etherington, 443 Aullwood, owner of the property in question, asked the City Commission to deny Mr. Owen's request for a public hearing. He said if you put a park there, there will be traffic. 85-144 Moved by Commissioner $oderberg that the City Commission initiate an application to the City Planning Commission for R-2 Zoning for Eastgate Addition. The motion died for the lack of a second. The City Commission took no action on the request. 85-145 Moved by Commissioner Burgess, seconded by Commissioner Ryan that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion adopted. The meeting adjourned at 4:55 p.m. [SEAL] ATTEST: D. L. Harrison, City Clerk