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01-26-1981 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS JANUARY 26, 1981 4:00 P.M. 1 1 221 The Regular Meeting of the Board of Commissioners met in the City Commission Meeting Room, City -County Building, on Monday, January 26, 1981, at four o'clock p.m. There were present: Mayor Dan S. Geis, Chairman presiding Commissioner Keith G. Duckers 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: Commissioner Karen M. Graves None None None CITIZEN FORUM AWARDS - PROCLAMATIONS PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME CONSENT (6.1) Approve the Minutes of the Regular Meeting January 19, 1981. (6.2) City Engineer files a feasibility report for water and sanitary sewer lines to serve certain lots in Mayfair Addition. Requested in Petition Number 3-803, filed by Vaughn Hofineier. (6.3) Authorize the City Manager to sign a contract with Bucher and Willis, for planning services in the amount of $11,700 to be paid from CDBG Funds for the Transportation Element to the Salina Comprehensive Plan. (6.4) Set the date of February 9, 1981 to receive bids on $900,000 General Obligation Bonds, Series S-226; $280,000 General Obligation Bonds, Series F-227; $836,000 General Obligation Internal Improvement Bonds, Series P-228. (6.5) Cereal malt beverage license application filed by James L. Gilmore, d/b/a Edge Inn, 301 East Pacific. (New application). (6.6) Tree Trimming license application filed by Kenneth Baker, d/b/a Ken Baker Landscaping, RR5, Salina, Kansas. 81-21 Moved by Commissioner Duckers, seconded by Commissioner Hodges, that all items on the consent agenda be approved. Aye: (4). Nay: (0). Motion adopted. DEVELOPMENT BUSINESS None ADMINISTRATION (8.1) Discussion of free trash pick up in the Spring. Brenda O'Gorman, member of the Citizens Advisory Committee, said the CAC recommends that the City Commission have a free trash pick up once each year or allow each customer to have one free pick up each year. She was told the city did not have the manpower or money for a free pick up. The City Commission took no action on this request. (8.2) Second Reading Ordinance Number 81-8831 - rezoning the West 60 feet of Lots 169 and 171, Fourth Street, Original Townsite, to District "C-3" Shopping Center District. (Requested in Zoning Application 80-18.) 81-22 Moved by Commissioner Hodges, seconded by Commissioner Weisgerber 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 adopted. Aye: Duckers, Hodges, Weisgerber, Geis (4). Nay: (0). Commissioner Graves absent. Motion adopted. (8.3) Second Reading Ordinance Number 81-8832 - relating to drugs, defining certain terms related thereto and regulating display or sale of drug paraphernalia 81-23 Moved by Commissioner Hodges, seconded by Commissioner Duckers that Sections 6-92 and 6-93, dealing with misrepresentation of age and attempting to purchase and/or possession by a minor, be added to the ordinance. Aye: (4). Nay: (0). Motion adopted. 81-24 Moved by Commissioner Duckers, 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, as amended, be adopted. Aye: Duckers, Hodges, Weisgerber, Geis (4). Nay: (0). Motion adopted. (8.4) Second Reading Ordinance Number 81-8833 - repealing Ordinance Numbers 2875 and 4928 pertaining to the Trustees of the Municipal Band. 81-25 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 adopted. Aye: Duckers, Hodges, Weisgerber, Geis (4). Nay: (0). Motion adopted. (8.5) Request from Mrs. Jerry Pedersen and Annette Townsend to be present to address the issue of the neighborhood centers. Annette Townsend, stated that they wanted immediate action on the rate structure for the three centers. She said they have been put off by the Recreation Commission long enough. John Dennis, Mrs. Jerry Pedersen, and Robert Caldwell all spoke against the present charge and wanted immediate action to do away with the charge. The Recreation Commission has appointed a committee and will report to the Recreation Commission on February 17, 1981 with its recommendations. The City Commission took no action on this request. (8.6) First Reading Ordinance Number 81-8835 - prohibiting the sounding of a train whistle, air horn, or any similar noise -making warning devices at the railroad crossing directly east of Fifth Street at Iron Avenue in the City of Salina, Kansas, enacting Sections 22-256 and 22-257 of the Salina Code. John Mize, attorney for the Hilton Inn, stated that the Ordinance had been agreed upon by all parties involved, and he does not object to amending the ordinance by removing the section dealing with penalties. This section is covered in the present Salina Code. u 223 R. E. Orrick, with the UPRR, does not request the adoption of the "modified" ordinance, but we will not fight the modified ordinance. If the Commission adopts the ordinance the UPRR will seek to "live" with it. 81-26 Moved by Commissioner Duckers, seconded by Commissioner Weisgerber that Ordinance Number 81-8835, prohibiting the sounding of a train whistle, air horn, or any similar noise -making warning devices at the railroad crossing directly east of Fifth Street at Iron Avenue in the City of Salina, Kansas, enacting Section 22-256 and 22-257 of the Salina Code, (omitting the section dealing with penalties), be introduced for first reading. Aye: (4). Nay: (0). Motion adopted (8.7) First Reading Ordinance Number 81-8819 - prohibiting the sounding of a train whistle, air horn, or any similar noise -making warning devices at railroad crossings of streets and avenues in the City of Salina, Kansas, protected by electronic warning devices at and prescribing penalties for the violation thereof; enacting Sections 22-256 and 22-257 of the Salina Code. The Mayor called for a motion to introduce the ordinance. There was no motion. None 81-27 Moved Regular Meeting Motion adopted. (SEAL) ATTEST: OTHER BUSINESS by Commissioner Hodges, seconded by Commissioner Duckers that the of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). D. L. Harrison, City Clerk r Dan S. Geis, Mayor