Loading...
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. 1 1 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. 63 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. 64 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 1 'Keith G. Duckers, Mayor