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09-15-1980 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS SEPTEMBER 15, 1980 4:00 P.M. The Regular Meeting of the Board of Commissioners met in the City Commission meeting room, City -County Building, on Monday, September 15, 1980, at four o'clock P.M. There were present: Mayor Dan S. Geis, Chairman presiding Commissioner Roy W. Allen Commissioner Keith G. Duckers Commissioner Karen M. Graves Commissioner Merle A. Hodges 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 proclaimed the Week of September 17 through 23, 1980 - .'CONSTITUTION WEEK". The proclamation was read by Mrs. Wendell Wyatt, Member of the Constitution Week Committee of the Daughters of the American Revolution. The Mayor proclaimed the Week of September 15 through 28, 1980 - "SALINA ANNUAL ARTS BLITZ; GROW WITH THE ARTS". The proclamation was read by Martha Rhea, Salina Arts Director. None PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting September 8, 1980. (6.2) City Engineer files plans and specifications for Engineering Project 80-669 for golf cart path improvements at the Municipal Golf Course. Set October 2, 1980 to receive bids. (6.3) Report on bids received September 11, 1980 for Fire Department Radio Equipment. (6.4) Santa Petition Number 3795, filed by Dr. James C. Suit, D.D.S., 600 South Fe for the vacation of a 20 foot utility easement between Lots 2, 3, and 4, Block 4, in the Replat of Schippel Addition, Blocks 4, 5, and part of Block 3. 80-246 Moved by Commissioner Duckers, seconded by Commissioner Allen 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 to approve the final plat of Valley View Addition, requested in Plat Application 80-7A, filed by Harold and Royanne Larson, and authorize the Mayor to sign the final plat. 80-247 Moved by Commissioner Graves, seconded by Commissioner Hodges to accept the recommendation of the City Planning Commission and approve the final plat of Valley View Addition, and authorize the Mayor to sign. Aye: (5). Nay: (0). Motion adopted. ADMINISTRATION (8.1) Second reading Ordinance 80-8809, providing for the rezoning of Lot 4, Block 3, Phillips East Salina Addition. (Zoning Application 80-13, filed by Charter Investments, Inc.) 80-248 Moved by Commissioner Allen, seconded by Commissioner Hodges that Ordinance Number 80-8809, providing for the amendment of Ordinance Number 8526, the same being Chapter 36 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 adopted. Aye: Allen, Duckers, Graves, Hodges, Geis (5). Nay: (0). Motion adopted. (8.2) Second reading Ordinance 80-8800, providing for the rezoning of CKS Addition. (Zoning Application 80-10, filed by Development Consultants, Inc.) 80-249 Moved by Commissioner Hodges, seconded by Commissioner Graves that Ordinance Number 80-8800, providing for the amendment of Ordinance Number 8526, the same being Chapter 36 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 adopted. Aye: Allen, Duckers, Graves, Hodges, Graves (5). Nay: (0). Motion adopted. (8.3) Recommendation from the City Planning Commission to approve P.D.D. Application 80-1, filed by Ted Collister, Agent for Ed Warmack & Company, for the rezoning of Meadowlark Acres #3• (Central Mall). Frank Norton, Attorney for Ed Warmack and Company gave an overview of the cost of construction of the Central Mall and tax benefits to Salina and Saline County, and the number of jobs it would create and increase sales for all business!s in Salina. He asked that the rezoning application be approved, eliminating the following items that were approved by the Salina Planning Commission; 1. Storm shelter requirements; 2. The 30% of dwelling units be built prior to construction of the mall; 3. Participation in the drainage for the area south of Magnolia Road (Bonnie Ridge area); 4. The electronic gate on Fourth Street and the redesign of Central Mall Avenue and Collister Avenue. Ted Harder, 1944 North Ninth, was concerned that the additional water being put into Dry Creek from the Magnolia ditch would flow into Mulberry Creek and cause additional flooding in north Salina. Mrs. Don Amend, 2323 Edgehill, wants a Federal Impact Study done to see if this mall would hurt the downtown area. Judy Reh, 2267 Leland Way; Pat Ackerly; Ruth Ascher, League of Women Voters; Mr and Mrs. H. 0. Wright, 804 West Republic; C. G. Cunningham, 338 Sunset Drive; Edward Kimball, 2263 Quincy; Carolyn Weinhold, 417 West Beloit; Mrs. Lucille Johnson, 517 Montclair; Norman St. John, 2406 Drake Place; Warren Bevin, 2264 Leland Way; Laura Lockard, 2418 Drake Place; Rod Anderson, 411 Aullwood; all protested the rezoning for the Central Mall. They feel Salina does not need 2 malls and by allowing the mall to be built would cause the deterioration of the downtown core area. 80-250 Moved by Commissioner Allen, seconded by Commissioner Duckers to postpon action for one week and to meet at 2 P.M. next Monday to consider the rezoning request for the Central Mall. Aye: (5). Nay: (0). Motion adopted. 80-251 Moved by Commissioner Duckers, seconded by Commissioner Allen that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion adopted. (SEAL) 11. /'n - ATTEST: Dan S. Geis, Mayor D. L. Harrison, City Clerk WAIVER AND CONSENT TO HOLD A SPECIAL MEETING OF THE BOARD OF COMMISSIONERS We, the undersigned, being the duly elected, qualified and acting Commissioners of the City of Salina, Kansas, and constituting a majority of the Board of Commissioners of the City of Salina, Kansas, do hereby waive notice and consent to the holding of a special meeting of the Board of Commissioners on the 22nd day of September, 1980, at 2:00 P.M. for the purpose of considering Zoning Application 80-1, filed by Ed Warmack and Company for the rezoning of Meadowlark Acres Addition Number 3, for the Central Mall. Dated this 22nd day of September, 1980. a'Z' ; " I r Commissioners 1