09-14-1981 MinutesCommission
Action # CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
SEPTEMBER 14, 1981
4:00 p.m.
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The Regular Meeting of the Board of Commissioners met in the Commission Meeting
Room, on Monday, September 14, 1981, at four o'clock p.m.
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
W. E. Harris, Assistant City Manager
Absent:
Rufus L. Nye, City Manager
CITIZEN FORUM
None
AWARDS - PROCLAMATIONS
(4.1) The Mayor presented plaques of appreciation to past board and commission
members: Paul Adrian and Ben Sellers, Jr., members of the Building Code Advisory
Board; Sister Mary Paul Buser and Ed Shepard, members of the Alcohol Fund Advisory
Committee; Virginia Usher, member of the Housing Authority of the City of Salina.
(4.2) The Mayor proclaimed the Week of September 17 through 23, 1981 -
''CONSTITUTION WEEK". The proclamation was read by Anna Laura Miller, Assistant
to the Constitution Committee Chairman of the Mary Wade Strother Chapter of
D.A.R.
(4.3) The Mayor proclaimed September 15, 1981 - "KANSAS WESLEYAN DAY". The
proclamation was read by Mickey Woolard, Executive Director of College Relations.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on the proposed issuance of $250,000 Industrial Revenue
Bonds for Roy M. and Virginia S. Wilbur.
There were no protests, written or oral, filed and the Mayor declared
the public hearing closed.
81-241 Moved by Commissioner Graves, seconded by Commissioner Burgess that
Resolution Number 81-3561, a resolution of intent to issue $250,000 Industrial
Revenue Bonds for Roy M. and Virginia S. Wilbur, be adopted. Aye: (5). Nay:
(0). Motion adopted.
CONSENT
(6.1) Approve the Minutes of the Regular Meeting August 24, 1981.
(6.2) City Engineer reports on bids received September 10, 1981 for
Engineering Project 81-684 for street and storm sewer improvements on West
Diamond Drive.
(6.3) Request by A -A Construction for a 40 foot driveway on Lot 37, Seventh
Street, Original Townsite. (320 North 7th Street).
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(6.4) Tree Trimming license application filed by Robert E. Burbank, d/b/a
Burbank Tree Service, 1500 South Ninth Street.
81-242 Moved by Commissioner Burgess, seconded by Commissioner Duckers that
all items, except 6.5, on the Consent Agenda be approved. Aye: (5). Nay: (0).
Motion adopted.
81-243 Moved by Commissioner Burgess, seconded by Commissioner Duckers that
item 6.5 on the Consent Agenda be tabled until the September 21, 1981 meeting.
Aye: (5). Nay: (0). Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Report by the City Planning Commission that it has reconsidered Zoning
Application 81-14, filed by the Salina Journal, Inc., for the rezoning of Lots
175, 177, 179, and 181 on 5th Street and Lots 180, 182, and 184 on 4th Street,
Original Townsite, and returns the application to the City Commission with a
"failure to recommend".
81-244 Moved by Commissioner Duckers, seconded by Commissioner Graves 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, [rezoning Lots 175, 177, 179, and
181 on Fifth Street and Lots 180, 182, and 184 on Fourth Street, Original Townsite
to District "C-4" (Central Business District)], be introduced for first reading.
Aye: (5). Nay: (0). Motion adopted.
(7.2) Recommendation from the City Planning Commission that Planned Developmen
District Application 81-3, filed by Robert Frisbie, for the rezoning of Lot 1,
Block 1, Frisbie Acres Addition, be approved.
81-245 Moved by Commissioner Graves, seconded by Commissioner Duckers that the
recommendation of the City Planning Commission be accepted and P.D.D. 81-3 be
approved, and that Ordinance Number 81-8877, 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.
ADMINISTRATION
(8.1) Request from 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. [Tabled for one week at the August 17,
1981 meeting. Tabled until September 14, 1981 at the August 24, 1981 meeting.]
81-246 Moved by Commissioner Duckers, seconded by Commissioner Graves that the
request be removed from the table for consideration. Aye: (5). Nay: (0).
Motion adopted.
Flavel Simcox, President of the Salina Area Chamber of Commerce, urged
the City Commission to repeal Resolutions 3113 and 3119.
81-247 Moved by Commissioner Burgess, seconded by Commissioner Duckers that
the matter be tabled for one week. Aye: Burgess, Duckers, Roth (3). Nay:
Graves, Hodges (2). Motion adopted.
(6.5)
Resolution Number 81-3562, relating to benefits obtainable
by cities
under the
program for federal aid on highway construction. (Authorizes
the Mayor
and City
Clerk to execute Supplement No. 1 to agreement 72-80 between
the City
and the
Kansas Department of Transportation concerning the bike path
program.)
(6.6)
Recommendation from the City Planning Commission to approve
UR81-1
revised
development plan requested by Lyann Boarding Kennel, 555 East
North
Street,
for Block 7, Northeast Industrial Park.
81-242 Moved by Commissioner Burgess, seconded by Commissioner Duckers that
all items, except 6.5, on the Consent Agenda be approved. Aye: (5). Nay: (0).
Motion adopted.
81-243 Moved by Commissioner Burgess, seconded by Commissioner Duckers that
item 6.5 on the Consent Agenda be tabled until the September 21, 1981 meeting.
Aye: (5). Nay: (0). Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Report by the City Planning Commission that it has reconsidered Zoning
Application 81-14, filed by the Salina Journal, Inc., for the rezoning of Lots
175, 177, 179, and 181 on 5th Street and Lots 180, 182, and 184 on 4th Street,
Original Townsite, and returns the application to the City Commission with a
"failure to recommend".
81-244 Moved by Commissioner Duckers, seconded by Commissioner Graves 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, [rezoning Lots 175, 177, 179, and
181 on Fifth Street and Lots 180, 182, and 184 on Fourth Street, Original Townsite
to District "C-4" (Central Business District)], be introduced for first reading.
Aye: (5). Nay: (0). Motion adopted.
(7.2) Recommendation from the City Planning Commission that Planned Developmen
District Application 81-3, filed by Robert Frisbie, for the rezoning of Lot 1,
Block 1, Frisbie Acres Addition, be approved.
81-245 Moved by Commissioner Graves, seconded by Commissioner Duckers that the
recommendation of the City Planning Commission be accepted and P.D.D. 81-3 be
approved, and that Ordinance Number 81-8877, 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.
ADMINISTRATION
(8.1) Request from 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. [Tabled for one week at the August 17,
1981 meeting. Tabled until September 14, 1981 at the August 24, 1981 meeting.]
81-246 Moved by Commissioner Duckers, seconded by Commissioner Graves that the
request be removed from the table for consideration. Aye: (5). Nay: (0).
Motion adopted.
Flavel Simcox, President of the Salina Area Chamber of Commerce, urged
the City Commission to repeal Resolutions 3113 and 3119.
81-247 Moved by Commissioner Burgess, seconded by Commissioner Duckers that
the matter be tabled for one week. Aye: Burgess, Duckers, Roth (3). Nay:
Graves, Hodges (2). Motion adopted.
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81-249 Moved by Commissioner Roth, seconded by Commissioner Duckers that
Ordinance Number 81-8868, providing for the amendment of Zoning 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:
Burgess, Duckers, Roth, Hodges (4). Nay: (0). Commissioner Graves abstained.
Motion adopted.
(8.3) Second Reading Ordinance Number 81-8874 - allowing wind energy conversio
systems (wind generators) as a permitted accessory use in all zoning districts
under certain restrictions.
81-250 Moved by Commissioner Graves, seconded by Commissioner Duckers that
Ordinance Number 81-8874, allowing wind energy conversion systems (wind generators
as a permitted accessory use in all zoning districts under certain restrictions,
amending Section 36-402(1) of the Salina Code and repealing the existing section,
be adopted. Aye: (5). Nay: (0). Motion adopted.
(8.4) Second Reading Ordinance Number 81-8875 - defining a wind energy
conversion system; amending Section 36-1301(179) of the Salina Code.
81-251 Moved by Commissioner Burgess, seconded by Commissioner Roth that
Ordinance Number 81-8875, defining a wind energy conversion system; amending
Section 36-1301(179) of the Salina Code, be adopted. Aye: Burgess, Duckers,
Graves, Roth, Hodges (5). Nay: (0). Motion adopted.
(8.5) First Reading Ordinance Number 81-8876 - ordering the condemnation and
appropriation of certain land for a fire station.
81-252 Moved by Commissioner Roth, seconded by Commissioner Burgess that
Ordinance Number 81-8876, ordering the condemnation and appropriation of certain
land in Saline County, Kansas for construction of a fire station, all as
authorized by K.S.A. 13-1023, and amendments thereto, and pursuant to the Eminent
Domain Procedure Act, K.S.A. Chapter 26, and amendments thereto, as the same
relates to condemnation by cities and further pursuant to Resolution Number 3560
of the City of Salina, Kansas, be introduced for first reading. Aye: (5). Nay:
(0). Motion adopted.
(8.6) A letter was received from Frank Norton to be placed on the agenda for
a report and request by Mr. Ed Warmack with respect to the Central Mall.
Ed Warmack, stated that some months ago he requested additional time to
see if federal funds would be available for drainage in South Salina. He said
they are unable to get approval for any funds for drainage in Salina from various
agencies in Washington.
Frank Norton stated that Mr. Warmack wants to have the Central Mall
open by the middle of 1983 and in order to do this, there are things that have to
be changed and completed by November 30, 1981, because their option on the land
expires on that date. He said three areas need to be amended or waived in the
Planned Development District approved in Ordinance 80-8810 (1) storm shelter be
waived, (2) 30% or 80 residential units be built before the mail is started, and
(3) be relieved from securing 5.2 million dollars for South Salina drainage. He
said they will probably request Industrial Revenue Bonds for construction of the
mall and on-site drainage.
(8.2) Second Reading Ordinance Number 81-8868, providing for the amendment of
Zoning Ordinance 8526, to rezone the East 150 feet of Lot 10, Replat of the East
1/2 of Block 10, Riker Addition. [Z81-11 filed by Robert Smalley. (Tabled until
September 14, 1981 at the August 24, 1981 meeting).]
81-248
Moved by Commissioner Duckers, seconded by Commissioner Burgess that
the ordinance be removed from the table for consideration. Aye: (5)• Nay: (0).
Motion adopted.
John Mize, Attorney for the applicant, asked for commission
approval of
this application.
81-249 Moved by Commissioner Roth, seconded by Commissioner Duckers that
Ordinance Number 81-8868, providing for the amendment of Zoning 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:
Burgess, Duckers, Roth, Hodges (4). Nay: (0). Commissioner Graves abstained.
Motion adopted.
(8.3) Second Reading Ordinance Number 81-8874 - allowing wind energy conversio
systems (wind generators) as a permitted accessory use in all zoning districts
under certain restrictions.
81-250 Moved by Commissioner Graves, seconded by Commissioner Duckers that
Ordinance Number 81-8874, allowing wind energy conversion systems (wind generators
as a permitted accessory use in all zoning districts under certain restrictions,
amending Section 36-402(1) of the Salina Code and repealing the existing section,
be adopted. Aye: (5). Nay: (0). Motion adopted.
(8.4) Second Reading Ordinance Number 81-8875 - defining a wind energy
conversion system; amending Section 36-1301(179) of the Salina Code.
81-251 Moved by Commissioner Burgess, seconded by Commissioner Roth that
Ordinance Number 81-8875, defining a wind energy conversion system; amending
Section 36-1301(179) of the Salina Code, be adopted. Aye: Burgess, Duckers,
Graves, Roth, Hodges (5). Nay: (0). Motion adopted.
(8.5) First Reading Ordinance Number 81-8876 - ordering the condemnation and
appropriation of certain land for a fire station.
81-252 Moved by Commissioner Roth, seconded by Commissioner Burgess that
Ordinance Number 81-8876, ordering the condemnation and appropriation of certain
land in Saline County, Kansas for construction of a fire station, all as
authorized by K.S.A. 13-1023, and amendments thereto, and pursuant to the Eminent
Domain Procedure Act, K.S.A. Chapter 26, and amendments thereto, as the same
relates to condemnation by cities and further pursuant to Resolution Number 3560
of the City of Salina, Kansas, be introduced for first reading. Aye: (5). Nay:
(0). Motion adopted.
(8.6) A letter was received from Frank Norton to be placed on the agenda for
a report and request by Mr. Ed Warmack with respect to the Central Mall.
Ed Warmack, stated that some months ago he requested additional time to
see if federal funds would be available for drainage in South Salina. He said
they are unable to get approval for any funds for drainage in Salina from various
agencies in Washington.
Frank Norton stated that Mr. Warmack wants to have the Central Mall
open by the middle of 1983 and in order to do this, there are things that have to
be changed and completed by November 30, 1981, because their option on the land
expires on that date. He said three areas need to be amended or waived in the
Planned Development District approved in Ordinance 80-8810 (1) storm shelter be
waived, (2) 30% or 80 residential units be built before the mail is started, and
(3) be relieved from securing 5.2 million dollars for South Salina drainage. He
said they will probably request Industrial Revenue Bonds for construction of the
mall and on-site drainage.
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81-253 Moved by Commissioner Duckers, seconded by Commissioner Roth that the
request be referred to the City Planning Commission to consider the amendments
requested by Mr. Warmack in the planned development district authorized in
Ordinance 80-8810. Aye: (5). Nay: (0). Motion adopted.
81-254 Moved by Commissioner Duckers, seconded by Commissioner Roth that the
City Planner be instructed to file an application to reconsider Section 36-702(2)f
of the Zoning Ordinance. Aye: (5). Nay: (0). Motion adopted.
OTHER BUSINESS
81-254 Moved by Commissioner Roth, seconded by Commissioner Duckers that the
Commission recess into executive session to discuss appointments to Boards and
Commissions for not to exceed 20 minutes. Aye: (5). Nay: (0). Motion adopted.
The Commission recessed at 5:00 p.m. and reconvened at 5:23 p.m.
81-255 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 5:24 p.m.
Merle A. Hodges, �M.D.j/ Mayor
(SEAL)
ATTEST:
D. L. Harrison, City Clerk