01-19-1981 MinutesX18
Commission
Action # CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JANUARY 19, 1981
4:00 P.M.
The Regular Meeting of the Board of Commissioners met in the City Commission
Meeting Room, City -County Building, on Monday, January 19, 1981, at four o'clock
p.m.
There were present:
Mayor Dan S. Geis, Chairman presiding
Commissioner Keith G. Duckers
Commissioner Karen M. Graves
Commissioner Merle A. Hodges
Commissioner Jack Weisgerber
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
(4.1) The Mayor Proclaimed the Week of January 18 - 24, 1981 - "JAYCEE WEEK".
The proclamation was read by John Drennen, Member of the Jaycees Board of Director3.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(7.1) Reconsideration of the recommendation of the City Planning Commission
on Zoning Application 80-14. (Action postponed December 8, 1980, December 22,
1980 at the request of the applicant, and again January 5, 1981, at the request
of the applicant) (Z80-14 was filed by Leo Eisenberg and Company, requesting the
rezoning of a tract of land in the Southwest Quarter of Section 19, Township 14
South, Range 3 West).
81-14 Moved by Commissioner Duckers, seconded by Commissioner Weisgerber that
the recommendation of the City Planning Commission be rejected and that the
recommendation of the City Planning staff be accepted and that the rezoning
request in Zoning Application 80-14 be approved.
(6.1)
Approve the Minutes of the Regular Meeting January 12, 1981.
(6.2)
The City Engineer reports on Petition Number 3802, filed by
Vaughn
Hofineier
for water and sanitary sewer mains to serve portions of Blocks
10, 11,
12, and
14, Mayfair Addition.
(6.3)
Authorize the Mayor to sign an agreement with the Municipal
Code
Corporation,
Tallahassee, Florida, for the revision and recodification
of the
ordinances
of the City of Salina.
(6.4)
Request by the Saline County Mounted Patrol and Rescue Squad
to acquire
a tract
of land for storage of emergency equipment.
81-13
Moved by Commissioner Hodges, seconded by Commissioner Graves
that all
items on
the consent agenda be approved. Aye: ($). Nay: (0). Motion
DEVELOPMENT BUSINESS
adopted.
(7.1) Reconsideration of the recommendation of the City Planning Commission
on Zoning Application 80-14. (Action postponed December 8, 1980, December 22,
1980 at the request of the applicant, and again January 5, 1981, at the request
of the applicant) (Z80-14 was filed by Leo Eisenberg and Company, requesting the
rezoning of a tract of land in the Southwest Quarter of Section 19, Township 14
South, Range 3 West).
81-14 Moved by Commissioner Duckers, seconded by Commissioner Weisgerber that
the recommendation of the City Planning Commission be rejected and that the
recommendation of the City Planning staff be accepted and that the rezoning
request in Zoning Application 80-14 be approved.
�19
John Mize, Attorney for the petitioner and representative of the Leo
Eisenberg & Company, told the City Commission that the size of the shopping
center would be 75,000 to 100,000 square feet and that the developer is prepared
to take care of the drainage of the area.
Lyle Lightfoot, 1007 Scott, Architect, showed plans from the early 701s
of the commercial development planned for this area.
W. 0. Brown, 843 Russell, lives just 2/10 of a mile from this area and
said it would be a nice place for him to shop.
Vance Miller, Contractor, said as a contractor, we need the work, and I
wouldn't build houses in this area. The area is for commercial development.
Royce Patton, 1816 Briarwood Drive, lives in the area and feels the
zoning request should be approved.
Flavel Simcox, President of the Chamber of Commerce, said we need the
economic growth for a total community.
Rosetta Ogborn, Realtor, said approval of this zoning would be a step
forward for Salina.
Lee Haworth, Builder and Realtor, said the best use of this area is not
residential. Let's move forward by approving this request.
Mrs. Bob Albers, 1624 East Cloud, said they have 12 acres east of this
area and they would like to see it rezoned.
Margaret Friebus, 1015 East Claflin, said she lives in the area and
thinks the Planning Commission did right. Rezoning will cause more traffic on
Claflin and she is concerned about the drainage pool that is to be provided.
Rex Crow, 1313 Parkwood, said we already have a grocery and drug store
close.
Robert Hernandez, 619 West Ash, stated he was with the carpenters union
and said we need work in the Salina area.
Virgil Lundberg, owner of the ground, stated that all drainage and
environmental work has been run by the City staff and is in order and would all
be paid for by the developer.
The Mayor called for a vote on Commission Action 81-14. Aye: Duckers,
Graves, Hodges, Weisgerber (4). Nay: Geis (1). Motion adopted.
81-15 Moved by Commissioner Duckers, seconded by Commissioner Hodges that
Ordinance Number 81-8834, 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 introduced for first reading to
rezone the property subject to platting. Aye: Duckers, Graves, Hodges, Weisgerber
(4). Nay: Geis (1). Motion adopted.
(7.2) Recommendation from the City Planning Commission that Zoning Application
80-18, filed by the Salina Journal, Inc., Fred Vandegrift, President, for the
rezoning of the West 60 feet of Lots 169 and 171, Fourth Street, Original Townsite
from District "R-3" (Multiple -Family Residential) to District "C-3" (Shopping
Center District).
81-16 Moved by Commissioner Duckers, seconded by Commissioner Hodges that
Zoning Application 80-18, for the rezoning of the West 60 feet of Lots 169 and
171, Fourth Street, Original Townsite, be approved, and that Ordinance Number 81-
8831, 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 introduced for first reading. Aye:
Duckers, Graves, Hodges, Weisgerber, Geis (5). Nay: (0). Motion adopted.
20
ADMINISTRATION
(8.1) First Reading Ordinance Number 81-8832 - relating to drugs, defining
certain terms related thereto and regulating display or sale of instruments used
for inhaling or ingesting certain controlled substances and regulating the display
and sale of simulated drugs or simulated controlled substances; control of
instruments used for inhaling or intestion of controlled substances or drugs
and control of simulated drugs and simulated controlled substances.
Bob Jones., Attorney, stated the ordinance needs a section dealing with
minors who misrepresent their age by false identification to obtain items.
81-17
Moved by Commissioner Graves, seconded by Commissioner Hodges that
Ordinance Number 81-8832, relating to drugs, defining certain terms related
thereto and regulating display or sale of instruments used for inhaling or
ingesting certain controlled substances and regulating the display and sale of
simulated drugs or simulated controlled substances; control of instruments used
for inhaling or ingestion of controlled substances or drugs and control of
simulated drugs and simulated controlled substances, be introduced for first
reading. Aye: (5). Nay: (0). Motion adopted.
(8.2) First Reading Ordinance Number 81-8833 - repealing Ordinance Numbers
2875 and 4928 pertaining to the Trustees of the Municipal Band.
81-18
Moved by Commissioner Hodges, seconded by Commissioner Duckers that
Ordinance Number 81-8833, repealing Ordinance Numbers 2875 and 4928 pertaining to
the Trustees of the Municipal Band, be introduced for first reading. Aye: (5).
Nay: (0). Motion adopted.
(8.3) Resolution Number 81-3529 - determining necessity of and directing that
the owner or owners of certain lots construct, in compliance with plans and
specifications of the City Engineer, a sidewalk on the east side of Ray Avenue.
George Robertson, Attorney representing the Church,
also a member of
the Church, asked that a benefit district be established for this sidewalk.
Dick Zeeman, Treasurer of the Church, asked why only one area, why not
others? If you have safety in mind, why not sidewalks in other areas.
Marilyn Brown, 401 Irene, said we are working on getting sidewalks on
Irene Street.
Opal Dent, 2829 Ray, lives next to the Church, asked why not put
sidewalks on both sides of the street?
81-19 Moved by Commissioner Hodges, seconded by Commissioner Duckers that
Resolution Number 81-3529, determining necessity of and directing that the owner
or owners of certain lots construct, in compliance with plans and specifications
of the City Engineer, a sidewalk on the east side of Ray Avenue, be adopted.
Aye: (5). Nay: (0). Motion adopted.
OTHER BUSINESS
None
81-20 Moved by Commissioner Duckers, seconded by Commissioner Hodges that the
Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0).
Motion adopted.
Dan S. Geis, Mayor
(SEAL)
ATTEST:
z9z)a",'�,rv.i
D. L. Harrison, City Clerk