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03-18-1985 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS MARCH 18, 1985 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City-County Building, on Monday, March 18, 1985, at four p.m. There were present: Mayor Charles B. Roth, Chairman presiding Commissioner Fortino B. Bonilla Commissioner John F. Burgess Commissioner Merle A. Hodges Commissioner Joseph M. Ritter comprising a quorum of the Board, also present: L. O. Bengtson, City Attorney D. L. Harrison, City Clerk Rufus L. Nye, City Manager Absent: None CITIZEN FORUM None AWARDS- PROCLAMATIONS (4.1) The Mayor presented a Plaque of Appreciation to past Heritage Commissioner, Mary Maley. (4.2) The Mayor proclaimed the Week of March :20 through 28, 1985 - "LEAGUE OF WOMEN VOTERS WEEK." The proclamation was read by Beverly Konzem, League of Women Voters representative. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting March 11, 1985. (6.2) Resolution Number 85-3767 - authorizing and ordering certain curbing, guttering, paving, grading, storm drainage, water main and sanitary sewer improvements, ordering preparation of plans and specifications, and the estimate of costs. [American Stores Properties] (6.3) Resolution Number 85-3768 - determining the advisability of certain curbing, guttering, paving, grading, sanitary sewer, water main and service lines and storm drainage improvements in Eastgate Addition. (6.4) Report on Petition Number 3893 filed by Elly Ritter for certain curbing, guttering, paving, grading storm sewer improvements in the Replat of Georgetown Addition. 85-50 Moved by Commissioner Bonilla, seconded by Commissioner Hodges 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 85-2, filed by Steele, inc. and CL's, Inc. for the rezoning of Lots 1 through 7, Block 1, Pleasant View Addition, to District C-5 Service Commercial District, be approved. [Introduce Ordinance Number 85-9068 for first reading. ] (7ola) Petition Number 3894 - filed by residents within 200 feet of Lots 1 through 7, inclusive, Block 1, Pleasant View Addition, protesting rezoning to C-5, Service Commercial District. 85-51 Moved by Commissioner Burgess, seconded by Commissioner Bonilla that the recommendation of the City Planning Commission be accepted and that Zoning Application 85-2 be approved and that Ordinance Number 85-9068, 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. Bob Wasko, Attorney for the applicant, explained the reason for the C-5 Zoning. He said he doesn't feel this will effect the value of the property in the area. Mark Mueller, Topeka KS, with Tractor Farm Supply, stated the residents are against the outside storage facilities. He said this will be a fenced area and kept neat and orderly. Stan Seuser, local manager of Tractor Farm Supply, said he feels they will be a great improvement to the area. Larry McPhail, 219 West Jewell, said he lives in the area and feels this would be a good improvement for this building. Max Steele, 2130 East Crawford, one of the owners of the building, feels this would be a step forward in improving the area. C. L. Clark, father of two of the owners, stated the only decline in the homes is from run down conditions or economics, not from zoning. Joe Kroneberger, 1402 South 9th, stated he hopes the Commission will approve this rezoning request for the good of the area. Harry Steele, President of Steele, Inc., said the Commission has approved the Central Mall and the Downtown Project, and asked the Commission to continue improving the city by approving this rezoning request. Jack Stewart, Attorney for Ernie Oehlert and others who have signed the protest petitions, said they have signatures of 60% of the people living within 200 feet of this rezoning request. He said if approved this would be spot zoning. C-5 Zoning allows things not desirable in this area. He said let the applicant operate within the present law. We have concerns about other things that could be put in this area when the Tractor Supply Company is gone. Mr. Oehlert, 319 West Kirwin, said he lives next door and feels they will move anything in there they want when it is rezoned. The Mayor called for a vote on Commission Action #85-51: Aye: (5). Nay: (0). Motion adopted. 85-52 Moved by Commissioner Hodges, seconded by Commissioner Ritter that the protest petition be referred to the City Planning Commission for checking and to report back on April 1, 1985. Aye: (5). Nay: (0). Motion adopted. ADMINISTRATION (8.1) Second Reading Ordinance Number 85-9067 - designating the structure located at 352 North Santa Fe for Heritage Conservation (HC) Landmark designation. Mr. James Anthony, MPRR representative, said designation as an historic building would impose a burden upon the railroad company that is not consistent with their operations and plans. Imogene Campbell, of the Heritage Commission, asked the Commissioners to adopt the proposed ordinance. 85-53 Moved by Commissioner Hodges, seconded by Commissioner Ritter that Ordinance Number 85-9067, designating the structure located at 352 North Santa Fe for Heritage Conservation (HC) Landmark designation be adopted. Aye: Bonilla, Burgess, Hodges, Ritter (4). Nay: Roth (1). Motion adopted. (8.2) Request by the Salina Board of Realtors to discuss flood plain protection program. Alice Denning, Realtor, 1101 South Ohio, gave several reasons against the proposed flood plain protection program and asked the City Commission to appoint a task force to study this and to make recommendations to the City Commission. 85-54 Moved by Commissioner Burgess, seconded by Commissioner Hodges that the recommendation of the Board of Realtors be accepted and that the Mayor be authorized to appoint a task force to study the matter and make recommendations to the City Commission. Aye: (5). Nay: (0). Motion adopted. OTHER BUSINESS The Mayor announced that a special meeting of the Board of Commissioners will be held on Wednesday, March 27, 1985 at 5:00 p.m. to set the date for a public hearing on the downtown improvements. 85-55 Moved by Commissioner Burgess, seconded by Commissioner Hodges that the regular meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion adopted. The meeting adjourned at 4:57 p.m. [SEAL] ATTEST: D. L. Harrison, City Clerk