06-26-1982 Minutes61
Commission
Action # CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JULY 26, 1982
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission Meeting
Room, City -County Building, on Monday, July 26, 1982, at four o'clock p.m.
There were present:
Mayor Keith G. Duckers, Chairman presiding
Commissioner John F. Burgess
Commissioner Karen M. Graves
Commissioner Merle A. Hodges
Commissioner Charles B. Roth
comprising a quorum of the Board, also present:
L. 0. Bengtson, City Attorney
D. L. Harrison, City Clerk
Rufus L. Nye, City Manager
Absent:
None
CITIZEN FORUM
None
AWARDS - PROCLAMATIONS
The Mayor presented a framed proclamation to each Captain Jim Huff,
Robbie Newman, Darryl Armstrong, Brad Armstrong, Tim Bettes, and Jim Heath who
risked their lives to save the life of Mrs. (Elizabeth) Pauline Holzmeister on
Friday, July 9, 1982.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(6.1) Approve the minutes of the Regular Meeting July 19, 1982.
(6.2) Request from Shirley Jacques, Saline County Clerk, that the City
Commission consider a petition filed by W. Dean Ownes on behalf of the First
Covenant Church and St. Mark Evangelical Lutheran Church, that a portion of
Marlow Drive and a public utility easement in Mayfair Addition be vacated.
82-133 Moved by Commissioner Hodges, seconded by Commissioner Burgess 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
82-7, filed by the City Planning Commission, for the amendment of Sections
36-609(1), 36-610(1), 36-611(1), and 36-1301(42) of the Salina Code be amended to
regulate drive -up windows for restaurants in "C-2" Neighborhood Shopping District,
"C-3" Shopping Center District, and "C-4" Central Business District.
82-134 Moved by Commissioner Burgess, seconded by Commissioner Roth that the
recommendation of the City Planning Commission be accepted and Zoning Application
82-7 be approved, and that Ordinance Number 82-8918, amending Sections 36-609(1),
36-610(1), 36-611(1), and 36-1301(42) of the Salina Code and repealing the existin
sections, be introduced for first reading.
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82-135
82-136
Marsha Stewart, 679 South Tenth, wants the ordinance changed so each
application which deals with drive -up windows and drive-in restaurants would be
considered individually.
Dwight Putnam, 809 South Santa Fe, is against drive -up windows because
they cause a lot of litter and thinks the City Commission needs to think about
this ordinance before it is passed.
John Ryberg, 824 Highland, asked why we want to add this regulation
now, when it was left out of the zoning ordinance in 1977?
Staff reported it was never an issue prior to this time, that the
restaurant business has changed because eating habits have changed.
Tom Ward, 115 South Third Street, said he lives directly south of the
area being considered for a drive-in. He believes the change will cause traffic
and litter problems.
Chris Putnam, 811 South Santa Fe, agrees the restaurant business has
changed and drive-ins have taken over in the restaurant business. She said she
feels this should be a conditional use rather than the way it is in the zoning
ordinance as a permitted use.
Dr. Charles Livingtson, said he has an office on East Iron and feels he
should have a say in what goes in next door, and this is why it should be a
conditional use rather than a permitted use.
Greg Bengtson, attorney for Mr. and Mrs. Virg Lundberg, owners of the
property, said historically restaurants have changed from drive-ins to drive -
up windows. I feel this ordinance should be passed in its present form.
George Toland, 908 Highland, requested that if the City Commission
passes this ordinance, that it be enforced.
Bud Jilka, President of Greater Downtown Salina Association, said we
support the ordinance and the area under consideration east of the bridge.
Vance Miller, 309 Channel, asked why this was not added to the
ordinance in 1977? He said we have too many restrictions on people and business
now.
Moved by Commissioner Graves, seconded by Commissioner Hodges that the
ordinance be amended to make restaurants, with or without drive -up window service,
other than drive-in establishments, be a conditional use rather than a permitted
use. Aye: Graves, Hodges (2). Nay: Burgess, Roth, Duckers (3)• Motion defeated.
The Mayor called for a vote on Commission Action Number 82-134. Aye:
Burgess, Hodges, Roth, Duckers (4). Nay: Graves (1). Motion adopted.
ADMINISTRATION
(8.1) Recommendation from the City Planning Department to amend Sections 18-5
and 18-13 of the Salina Code, relating to junk and junk dealers, as requested in
Petition Number 3834, filed by Patrik Neustrom.
Patrik Neustrom, Attorney for the junk dealers, explained the changes
in the ordinances.
Moved by Commissioner Hodges, seconded by Commissioner Roth that the
recommendation of the City Planning Department be accepted and that Ordinance
Number 82-8919, amending Section 18-5 of the Salina Code, which pertains to the
classification of licensees for junk and junk dealers, and repealing the original
section, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted.
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82-137 Moved by Commissioner Hodges, seconded by Commissioner Roth that
Ordinance Number 82-8920, amending Section 18-13 of the Salina Code, which
pertains to storage regulations for places where junk is kept or stored, and
repealing the existing section, be introduced for first reading. Aye: (5). Nay:
(0). Motion adopted.
(8.2) Recommendation from the Building Code Advisory Board that the Salina
Code be amended by adopting the current editions of the Uniform Building Code,
the Uniform Mechanicalal Code, the Uniform Sign Code, the Uniform Code for the
Abatement of Dangerous Buildings, and that certain amendments be made to those
codes.
82-138 Moved by Commissioner Graves, seconded by Commissioner Burgess that the
recommendation of the Building Code Advisory Board be accepted and that Ordinance
Number 82-8921, adopting, by reference, the 1982 Edition of the Uniform Building
Code and all appendices, amending Section 9-18 of the Salina Code and repealing
the existing section, be introduced for first reading. Aye: (5). Nay: (0).
Motion adopted.
82-139 Moved by Commissioner Graves, seconded by Commissioner Burgess that
Ordinance Number 82-8922, amending Section 713(f) of Chapter 7 of the Appendix
of the Uniform Building Code which pertains to public address and warning systems,
enacting Section 9-18.1 of the Salina Code, be introduced for first reading.
Aye: (5). Nay: (0). Motion adopted.
82-140 Moved by Commissioner Graves, seconded by Commissioner Burgess that
Ordinance Number 82-8923, repealing Section 9-25 of the Salina Code which pertains
to plumbing permit fees, be introduced for first reading. Aye: (5). Nay: (0).
Motion adopted.
82-141 Moved by Commissioner Graves, seconded by Commissioner Burgess that
Ordinance Number 82-8924, adopting, by reference, the 1982 Edition of the Uniform
Sign Code, except as modified by Article IV of Chapter 9 of the Salina Code,
amending Section 9-63 of the Salina Code and repealing the existing section, be
introduced for first reading. Aye: (5). Nay: (0). Motion adopted.
82-142 Moved by Commissioner Graves, seconded by Commissioner Burgess that
Ordinance Number 82-8925, adopting, by reference, the 1982 Edition of the Uniform
Plumbing Code, amending Section 9-200 of the Salina Code and repealing the
existing section, be introduced for first reading. Aye: (5). Nay: (0). Motion
adopted.
82-143
Moved by Commissioner Graves, seconded by Commissioner Burgess that
Ordinance Number 82-8926, providing for penalties for failure to secure plumbing
permits, amending Section 20.3 of the Uniform Plumbing Code, enacting Section
9-205.3 of the Salina Code, be introduced for first reading. Aye: (5). Nay:
(0). Motion
adopted.
82-144
Moved by Commissioner Graves, seconded by Commissioner Burgess that
Ordinance Number 82-8927, pertaining to existing water service yard piping,
enacting Section 9-205.4 of the Salina Code, be introduced for first reading.
Aye: (5).
Nay: (0). Motion adopted.
82-145
Moved by Commissioner Graves, seconded by Commissioner Burgess that
Ordinance Number 82-8928, establishing prerequisites to apply for certificate of
qualification for master or journeyman plumber, enacting Section 9-214.1 of the
Salina Code, be introduced for first
reading. Aye: (5). Nay: (0). Motion
adopted.
82-146
Moved by Commissioner Graves, seconded by Commissioner Burgess that
Ordinance Number 82-8929, requiring a plumbing contractor to have a master
plumber in his employ prior to issuance of a contractor's license enacting
Section 9-222.1 of the Salina Code, be introduced for
first reading. Aye: (5).
Nay: (0). Motion adopted.
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82-147 Moved by Commissioner Graves, seconded by Commissioner Burgess that
Ordinance Number 82-8930, adopting, by reference, the 1982 Edition of the Uniform
Mechanical Code and all appendices, amending Section 9-440 of the Salina Code and
repealing the existing section, be introduced for first reading. Aye: (5). Nay:
(0). Motion adopted.
82-148 Moved by Commissioner Graves, seconded by Commissioner Burgess that
Ordinance Number 82-8931, repealing Section 9-450 of the Salina Code, pertaining
to the One and Two Family Dwelling Code, be introduced for first reading. Aye:
(5)• Nay: (0). Motion adopted.
82-149 Moved by Commissioner Graves, seconded by Commissioner Burgess that
Ordinance Number 82-8932, adopting, by reference, the 1982 Edition of the Uniform
Code for the Abatement of Dangerous Buildings; amending Section 9-460 of the
Salina Code and repealing the existing section, be introduced for first reading.
Aye: (5). Nay: (0). Motion adopted.
OTHER BUSINESS
None
82-150 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 5:25 p.m.
(SEAL)
ATTEST:
D. L. Harrison, City Clerk
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'Keith G. Duckers, Mayor