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07-02-1984 MinutesI CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS JULY 2, 1984 4:00 p.m. IThe Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, July 2, 1984, at four p.m. There were present: Mayor Charles B. Roth, Chairman presiding Commissioner John F. Burgess Commissioner Fortino B. Bonilla Commissioner Merle A. Hodges Commissioner Joseph M. Ritter comprising a quorum of the Board, also present: L. 0. Bengtson, City Attorney D. L. Harrison, City Clerk W. E. Harris, Assistant City Manager Absent: Rufus L. Nye, City Manager 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 June 25, 1984. (6.2) Authorize the Mayor to sign an agreement and execute a deed between the Planters Bank and Trust Company and the City of Salina to exchange property. (6.3) Petition Number 3876, filed by James F. Watkins, Jr. for the vacation of road right-of-way on Fairdale Road, abutting Lots 4, 8, 9, Block 3, Eastridge Estates Addition. (Refer petition to the City Engineer for a recommendation) (6.4) Report by the City Engineer that Petition Number 3874, filed by Gary L. Brown, for the installation of water mains, sanitary sewers, and storm sewers to serve Tracts 1 through 11, The River Place P.D.D., is sufficient and files a feasibility report for the improvements. (6.5) City Engineer filed final breakdown for Engineering Project 82-692 for the curbing, guttering, paving, grading, compaction, drainage structures and utilities in Crawford Street from Ohio to Marymount Road. [Set the date of July 16, 1984 for public hearing on the method of assessment] (6.6) City Engineer filed final breakdown for Engineering Project 83-710 for water main improvements on East Cloud Street from Parkwood to the flood control right-of-way. [Set the date of July 16, 1984 for public hearing on the method of assessment] 83-157 Moved by Commissioner Bonilla, seconded by Commissioner Hodges that all items on the consent agenda be approved. Aye: (5). Nay: (0). Motion adopted. 84-158 84-159 84-160 84-161 2 DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Zoning Application 84-8, filed by the Emmanuel Foursquare Church requesting to amend the Zoning Regulations of the City of Salina to allow churches in the C-5 (Service Commercial) District, be amended and approved. [Introduce Ordinance Number 84-9029 for first reading.] Moved by Commissioner Ritter, seconded by Commissioner Burgess that the recommendation of the City Planning Commission be accepted and that Zoning Application 84-8 be approved, and that Ordinance Number 84-9029, allowing churches, chapels, temples, synagogues, cathedrals and shrines as permitted uses in the C-1, C-2, C-3, C-5 Districts; amending Sections 42-252, 42-267, 42-282, and 42-317 of the Salina Code and repealing the existing sections, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. ADMINISTRATION (8.1) Petition Number 3875, filed by Archie J. Fry for the reduction of speed limit from 40 mph back to 30 mph in the residential area on Ohio from Elm Street to Westchester. Moved by Commissioner Burgess, seconded by Commissioner Hodges that the petition be referred to the City Engineer for a recommendation. Mr. Archie J. Fry, 332 South Ohio, stated that the speed limit needs to be reduced back to 30 mph. The big trucks are going 40 mph or faster. Mr. Bert Humsicker, 553 South Ohio, said the speed limit needs to be put back to 30 mph. People have trouble crossing Ohio. We need a traffic signal. Mr. Bill Sanderson, 406 South Ohio, said people are driving faster in town than on our highways. We need more traffic control by the Police Department. Darcy Klingenberg, 3321 South Ohio, said she has children who have to cross Ohio to go to school. Joseph Milbradt, 337 South Ohio, said the traffic is moving to fast, there needs to be more control. George Toland, said the speed limit was changed in this room, and the only complaint was from a woman about the noise. Mayor Roth called for a vote on Commission Action Number 84-159: Aye: (5). Nay: (0). Motion adopted. (8.2) Request by David L. Dewhirst, Midwest Environmental Products, Inc. to be present at the July 2, 1984 meeting to discuss unvented gas space heaters and the city code. David Dewhirst, Midwest Environmental Products, Inc. was present to ask the City Commission to amend the Salina Code so his space heater would be approved for use in Salina. Moved by Commissioner Burgess, seconded by Commissioner Bonilla that the request be referred to the Building Code Advisory Board. Aye: (5). Nay: (0). Motion adopted. (8.3) Application filed by Ed Warmack for $10,000,000 Economic Development Revenue Bonds. Moved by Commissioner Ritter, seconded by Mayor Roth to recess into executive session for 15 minutes to discuss Mr. Warmack's request. Aye: Roth, Ritter (2). Nay: Bonilla, Burgess, Hodges (3). Motion defeated. Frank Norton, Attorney for Mr. Warmack, asked that the application be considered and a public hearing date be set for August 13, 1984. Federal regulations require that construction be started in 1984 if he is to use the IRB money he has requested. 84-162 84-163 Moved by Commissioner Burgess, seconded by Commissioner Ritter that a public hearing be conducted before the City Commission at its regular meeting on September 10, 1984, at 4:00 p.m. on the application of Ed Warmack for the issuance of revenue bonds in an amount not to exceed $10,000,000 for the construction and development of the Central Mall at 9th and Magnolia, Salina, Kansas, and that the City Clerk be instructed to publish notice of said hearing at least 15 days prior to the date thereof. Aye: Burgess, Hodges, Ritter, Roth (4). Nay: (0). Commissioner Bonilla abstained. (8.4) Request from the Board of Advisors of the Business Improvement District Number 1 and Salina City Center, Inc., for the postponement of the City Commission's consideration of Mr. Ed Warmack's request for industrial revenue bonds until the completion of the City's contract with American Redevelopment, Inc. No action taken on this request because of the action taken on item 8.3. Moved by Commissioner Hodges, seconded by Commissioner Ritter that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion adopted. The meeting adjourned at 4:36 p.m. L 7 I C-harles B. Roth, Mayor [SEAL] ATTEST: D. L. Harrison, City Clerk