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08-17-1981 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS AUGUST 17, 1981 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, August 17, 1981, at four o'clock p.m. 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 George Toland, complimented the City Commission and told them they are doing a fine job for the citizens of Salina. AWARDS AND PROCLAMATIONS None PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting August 10, 1981. (6.2) City Engineer reports on Petition Number 3817, filed by Douglas G. Hill for water and sanitary sewer improvements in Mayfair Addition. (6.3) City Engineer reports on bids received August 13, 1981 for water main improvements on Coronado Street (Engineering Project 81-685). (6.4) City Engineer reports on a request by W. Dean Lemmon for a median break in Broadway Boulevard to serve the main entrance of Broadway Plaza Addition. (6.5) Resolution Number 81-3557, authorizing and ordering certain curbing, guttering, paving, grading, storm inlets, sewer piping improvements, ordering preparation of plans and specifications, and the estimate of costs. (West Diamond Drive, Engineering Project 81-684) (6.6) Request by Louis and Kathy Bigler, 448 Mercury, for a variance to the requirements of Section 25-44 of the Salina Code, which establishes the location of private swimming pools. 81-211 Moved by Commissioner Burgess, seconded by Commissioner Graves that all items on the consent agenda be approved. Aye: (5). Nay: (0). Motion adopted. There were present: Mayor Merle A. Hodges, Chairman presiding Commissioner John F. Burgess Commissioner Keith G. Duckers Commissioner Karen M. Graves 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 George Toland, complimented the City Commission and told them they are doing a fine job for the citizens of Salina. AWARDS AND PROCLAMATIONS None PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting August 10, 1981. (6.2) City Engineer reports on Petition Number 3817, filed by Douglas G. Hill for water and sanitary sewer improvements in Mayfair Addition. (6.3) City Engineer reports on bids received August 13, 1981 for water main improvements on Coronado Street (Engineering Project 81-685). (6.4) City Engineer reports on a request by W. Dean Lemmon for a median break in Broadway Boulevard to serve the main entrance of Broadway Plaza Addition. (6.5) Resolution Number 81-3557, authorizing and ordering certain curbing, guttering, paving, grading, storm inlets, sewer piping improvements, ordering preparation of plans and specifications, and the estimate of costs. (West Diamond Drive, Engineering Project 81-684) (6.6) Request by Louis and Kathy Bigler, 448 Mercury, for a variance to the requirements of Section 25-44 of the Salina Code, which establishes the location of private swimming pools. 81-211 Moved by Commissioner Burgess, seconded by Commissioner Graves that all items on the consent agenda be approved. Aye: (5). Nay: (0). Motion adopted. 289 81-213 Moved by Commissioner Graves, seconded by Commissioner Burgess that the recommendation of the City Planning Commission be accepted and that Ordinance Number 81-8869, 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. Don Vandergrift, representing Consolidated Printing Company and the Salina Journal, gave several reasons why they want the C-4 zoning for this property and requested the City Commission to approve C-4 zoning instead of C-3 zoning as approved by the City Planning Commission. Commissioners Graves and Burgess withdrew their motion. 81-214 Moved by Commissioner Graves, seconded by Commissioner Burgess that Zoning Application 81-14 be referred back to the City Planning Commission for reconsideration of the C-4 zoning, as requested. Aye: (5). Nay: (0). Motion adopted. (7.3) Recommendation from the City Planning Commission that Zoning Application DEVELOPMENT BUSINESS 81-15, filed by Bell Telephone Employees Credit Union requesting rezoning of Lots (7.1) Recommendation from the City Planning Commission that amended Zoning (7.3A) Request from the Bell Telephone Employees Credit Union that Zoning Application 81-11, filed by Robert Smalley for the rezoning of the East 150 feet Application 81-15 be tabled until the applicant requests its reconsideration. 81-215 of Lot 10, Replat of the east half of Block 10, Riker Addition from District R-1 Zoning Application 81-15 be tabled until the applicant requests it back on the to District R-2, be approved. agenda. Aye: (5). Nay: (0). Motion adopted. 81-212 Moved by Commissioner Roth, seconded by Commissioner Duckers, that the recommendation of the City Planning Commission be accepted and that Ordinance 81-2, filed by Roger and Charlotte Savage, for the rezoning of Lots 13 and 15, Number 81-8868, providing for the amendment of Ordinance Number 8526, the same Block 5, Hutchinson Addition from R-1 to P.D.D., be approved. 81-216 being Chapter 36 of the Salina Code, and the Zoning District Map therein and P.D.D. Application 81-2 be approved and that Ordinance Number 81-8872, providing for the amendment of Ordinance Number 8526, the same being Chapter 36 of the thereby adopted and providing for the rezoning of certain property within the Salina Code, and the Zoning District Map therein and thereby adopted and providing city and prescribing the proper uses thereof, be introduced for first reading. uses thereof, be introduced for first reading. Aye: (5). Nay: (0). Motion Aye: (4). Nay: (0). Commissioner Graves abstained. Motion adopted. adopted. (7.2) Recommendation from the City Planning Commission that Zoning Application 81-14, filed by the Salina Journal, Inc., requesting the rezoning of Lots 175, 177, 179, and 181 on Fifth Street and Lots 180, 182 and 184 on Fourth Street, Original Townsite, be rezoned from Districts C-3 and R-3 to District C-3, be approved. 81-213 Moved by Commissioner Graves, seconded by Commissioner Burgess that the recommendation of the City Planning Commission be accepted and that Ordinance Number 81-8869, 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. Don Vandergrift, representing Consolidated Printing Company and the Salina Journal, gave several reasons why they want the C-4 zoning for this property and requested the City Commission to approve C-4 zoning instead of C-3 zoning as approved by the City Planning Commission. Commissioners Graves and Burgess withdrew their motion. 81-214 Moved by Commissioner Graves, seconded by Commissioner Burgess that Zoning Application 81-14 be referred back to the City Planning Commission for reconsideration of the C-4 zoning, as requested. Aye: (5). Nay: (0). Motion adopted. (7.3) Recommendation from the City Planning Commission that Zoning Application 81-15, filed by Bell Telephone Employees Credit Union requesting rezoning of Lots 9 and 11, Surveyor's Plat A from R-3 to C-1, be denied. (7.3A) Request from the Bell Telephone Employees Credit Union that Zoning Application 81-15 be tabled until the applicant requests its reconsideration. 81-215 Moved by Commissioner Duckers, seconded by Commissioner Burgess that Zoning Application 81-15 be tabled until the applicant requests it back on the agenda. Aye: (5). Nay: (0). Motion adopted. (7.4) Recommendation from the City Planning Commission that P.D.D. Application 81-2, filed by Roger and Charlotte Savage, for the rezoning of Lots 13 and 15, Block 5, Hutchinson Addition from R-1 to P.D.D., be approved. 81-216 Moved by Commissioner Duckers, seconded by Commissioner Graves that P.D.D. Application 81-2 be approved and that Ordinance Number 81-8872, 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: (5). Nay: (0). Motion adopted. 290 ADMINISTRATION (8.1) Second Reading Ordinance Number 81-8866 levying special assessments against certain lots and pieces of property to pay the cost of cutting weeds on certain lots and parts of lots and the parkways abutting in the City of Salina, Kansas. 81-217 Moved by Commissioner Roth, seconded by Commissioner Burgess Ordinance Number 81-8866, levying special assessments against lots and that pieces of property to pay the cost of cutting weeds on certain lots and parts of lots and the parkways abutting in the City of Salina, Kansas, be adopted. Aye: Burgess, Duckers, Graves, Roth, Hodges (5). Nay: (0). Motion adopted. (8.2) Second Reading Ordinance Number 81-8867 levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances located on certain lots in the City. 81-218 Moved by Commissioner Burgess, seconded by Commissioner Duckers that Ordinance Number 81-8867, levying special assessments against lots and pieces of property to pay the cost of abatement of nuisances on certain lots and parts of lots and the parkways abutting in the City of Salina, Kansas, be adopted. Aye: Burgess, Duckers, Graves, Roth, Hodges (5). Nay: (0). Motion adopted. (8.3) Request by the Building and Zoning Inspector that Sections 401(a)2 and 503(x)2 of the Uniform Building Code be amended to allow the use of ABS and PVC plastic drains, waste and vents in buildings which may be built of combustible construction. 81-219 Moved by Commissioner Graves, seconded by Commissioner Duckers that the recommendation of the Building and Zoning Inspector be accepted and that Ordinance Number 81-8870, amending Section 401(a)2 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. 81-220 Moved by Commissioner Graves, seconded by Commissioner Duckers that the recommendation of the Building and Zoning Inspector be accepted and that Ordinance Number 81-8871, amending Section 503(a)2 of the Uniform Plumbing Code, enacting Section 9-205.4 of the Salina Code, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (8.4) Request by the Salina Area Chamber of Commerce, the Homebuilders' Association of Salina, and the Salina Board of Realtors, that the City Commission repeal Resolutions 3113 and 3119 regarding the installation of general improvement in undeveloped properties within the city. 81-221 Moved by Commissioner Roth, seconded by Commissioner Duckers that the request be tabled until August 24, 1981. Aye: (5). Nay: (0). Motion adopted. 81-222 Moved by Commissioner Burgess, seconded by Commissioner Graves that Ordinance Number 81-8873, regulating noise from motor vehicles in the City of Salina, be added to the agenda for consideration. Aye: (5). Nay: (0). Motion adopted. 81-223 Moved by Commissioner Burgess, seconded by Commissioner Graves, that Ordinance Number 81-8873, regulating noise from motor vehicles in the City of Salina, Kansas, be introduced for first reading. 81-224 Moved by Commissioner Graves, seconded by Commissioner Roth, that the section of the ordinance regulating trash trucks be deleted from the ordinance. Aye: (5). Nay: (0). Motion adopted. The Mayor called for a vote on the original motion, as amended. Aye: (5). Nay: (0). Motion adopted. 291 (8.5) Request by the City Attorney for an executive session for the Commission to discuss the purchase of Lot 1, Block 23, Key Acres Addition, for the proposed fire station. 81-225 Moved by Commissioner Burgess, seconded by Commissioner Roth that the Commission recess into Executive Session for not to exceed 45 minutes, to discuss the possible acquisition of land. Aye: (5). Nay: (0). Motion adopted. The Commissioners recessed at 4:45 p.m. and reconvened at 5:30 p.m. 81-226 Moved by Commissioner Duckers, seconded by Commissioner Roth, that the City Attorney be authorized to proceed with the purchase of Lot 1, Block 23, Key Acres Addition for the proposed fire station. Aye: (5). Nay: (0). Motion adopted. 81-227 Moved by Commissioner Duckers, seconded by Commissioner Burgess that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion adopted. The meeting adjourned at 5:32 p.m. (SEAL) ATTEST: D. L. Harrison, City Clerk 1 :;;- 24tig. w..r. Merle A. Hodges, M.D., Mayor