11-02-1981 Minutes31b
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
NOVEMBER 2, 1981
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission meeting
room, City -County Building, on Monday, November 2, 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
Lucille Johnson, 507 Montclair, said she has filed a petition for the
City Commission not to lift the restrictions on the original planned development
district for the Central Mall.
Bernard Jilka, wants the restrictions on drainage and buildings for the
Central Mall to be maintained.
AWARDS - PROCLAMATIONS
(4.1) The Mayor presented a plaque of appreciation to Chris Shively, past
member of the Salina Arts Commission.
(4.2) The Mayor proclaimed the Month of November, 1981 - "NATIONAL DIABETES
MONTH". The proclamation was read by Arlene Neukirch, Chairperson of the ,=
American Diabetes Association.
(4.3) The Mayor proclaimed the Week of November 2, 1981 - "TELEPHONE PIONEER
WEEK". The proclamation was read by Dee Hull, Customer Service Supervisor of
Southwestern Bell Telephone.
None
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting October 26, 1981.
(6.2) Request by Merle Sprague to keep a horse in the city limits.
81-309 Moved by Mayor Hodges, seconded by Commissioner Graves that item 6.2 be
removed from the consent agenda and considered separately. Aye: (5). Nay: (0).
Motion adopted.
81-310 Moved by Commissioner Duckers, seconded by Commissioner Graves that all
other 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
Lucille Johnson, 507 Montclair, said she has filed a petition for the
City Commission not to lift the restrictions on the original planned development
district for the Central Mall.
Bernard Jilka, wants the restrictions on drainage and buildings for the
Central Mall to be maintained.
AWARDS - PROCLAMATIONS
(4.1) The Mayor presented a plaque of appreciation to Chris Shively, past
member of the Salina Arts Commission.
(4.2) The Mayor proclaimed the Month of November, 1981 - "NATIONAL DIABETES
MONTH". The proclamation was read by Arlene Neukirch, Chairperson of the ,=
American Diabetes Association.
(4.3) The Mayor proclaimed the Week of November 2, 1981 - "TELEPHONE PIONEER
WEEK". The proclamation was read by Dee Hull, Customer Service Supervisor of
Southwestern Bell Telephone.
None
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting October 26, 1981.
(6.2) Request by Merle Sprague to keep a horse in the city limits.
81-309 Moved by Mayor Hodges, seconded by Commissioner Graves that item 6.2 be
removed from the consent agenda and considered separately. Aye: (5). Nay: (0).
Motion adopted.
81-310 Moved by Commissioner Duckers, seconded by Commissioner Graves that all
other items on the consent agenda be approved. Aye: (5). Nay: (0). Motion
adopted.
316
Merle Sprague, 116 North 2nd, asked the City Commission to approve
his request. He said he has the consent of five of his neighbors.
81-311Moved by Mayor Hodges, seconded by Commissioner Roth that the request
of Merle Sprague to keep a horse in the city limits be tabled for one week. Aye:
(5)• Nay: (0). Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission to approve Zoning
Application 81-17, filed by the Salina City Commission requesting an amendment of
Section 36-702(2)(f) of the Salina Code pertaining to required construction of
residential units in planned development districts.
81-312 Moved by Commissioner Roth, seconded by Commissioner Duckers to accept
the recommendation of the City Planning Commission and that Ordinance Number
81-8887, providing for the amendment of Section 36-702(2) of the Salina Code, and
repealing the original section, be introduced for first reading and that second
reading be tabled until May 3, 1982.
Evelyn Maxwell, 414 Wayne, doesn't want the city to lift the requirement
on storm cellar and drainage, and feels it is needed for everyone's protection.
Frank Norton, Attorney for Mr. Warmack, stated he was not going to
argue the procedure you are considering, but you Commissioners told Mr. Warmack a
month ago to proceed when the project, that he had the Commissioners blessing,
and now you are considering a six month delay. We want you to approve this
change today, so we can get started digging.
Ed Kimball, 2263 Quincy, you should approve a six month delay, we need
to preserve the old buildings downtown, and to see if we can rebuild the heart of
Salina.
Ted Weeks, 1935 Ridgeview feels a six month delay will only help Mr.
Warmack.
Mary Lou Steele, 2530 Argonne, asked about the tax increment financing
and if Mr. Warmack would ask for Industrial Revenue Bonds.
John Reh, 2267 Leland Way, was told when he purchased his home two
years ago there would be houses west of him.
Royce Nelson, attorney for the Emma Gebhart`-simmons Trust, said the
position of the Trust is for the approval of the rezoning today, without any
further delay.
81-313 Moved by Commissioner Roth, seconded by Commissioner Duckers to amend
motion Number 81-312 to accept the recommendation of the City Planning Commission,
and that Ordinance Number 81-8887, providing for the amendment of Section 36-
702(2) of the Salina Code, repealing the original section, be introduced for
first reading. Aye: Duckers, Roth, Hodges (3)• Nay: Burgess, Graves (2).
Motion adopted.
(7.2) Recommendation from the City Planning Commission to approve PDD
Application 81-4, filed by Warmack and Company, requesting to change the district
zoning classification on all of Meadowlark Acres Addition Number Three, except
Lots 1 and 2, Block 5, from "PDD" to "PDD (requesting different conditions of
approval).
81-314 Moved by Commissioner Graves, seconded by Commissioner Burgess that
action on PDD Application 81-4 be postponed until regular Commission meeting on
May 3, 1982 at which time the City Commission will consider what progress the
Central City Development Task Force or its successor has made. The intention of
the City Commission is to measure that progress based upon a signed development
contract for the approved development plan. Aye: Burgess, Graves (2). Nay:
Duckers, Roth, Hodges (3). Motion defeated.
31"1
81-315 Moved by Commissioner Roth, seconded by Commissioner Duckers to accept
the recommendation of the City Planning Commission and that Ordinance Number 81-
8888, 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; and repealing ordinance Number 80-8810, be introduced
for first reading, and that second reading be delayed until May 3, 1982. Aye:
Duckers, Roth, Hodges (3)• Nay: Burgess, Graves (2). Motion adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 81-8883, providing for the vacation of
certain easements in Lot 1, Block 1, Replat of a replat of Lots 1 and 5 through
14, Block 1, Country Hills Addition Number 2. [Requestdd in Petition Number 3822,
filed by Robert B. Nelson.]
81-316 Moved by Commissioner Duckers, seconded by Commissioner Burgess that
Ordinance Number 81-8883, providing for the vacation of certain easements in Lot
Block 1, Replat of a replat of Lots 1 and 5 through 14, Block 1, Country Hills
Addition Number 2, be adopted. Aye: Burgess, Duckers, Graves, Roth, Hodges (5)•
Nay: (0). Motion adopted.
(8.2) Second Reading Ordinance Number 81-8884, providing for the rezoning of
Lot 1, Block 1, Replat of a replat of Block 1, Lots 1 and 5 through 14, Country
Hills Addition Number Two. [Zoning Application 78-12B]
81-317 Moved by Commissioner Duckers, seconded by Commissioner Graves that
Ordinance Number 81-8884, 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; and repealing Ordinance Number
8653, be adopted. Aye: Burgess, Duckers, Graves, Roth, Hodges (5)• Nay: (0).
Motion adopted.
(8.3) Second Reading Ordinance Number 81-8885, providing that it shall be
unlawful to allow any motor vehicle to be parked beyond the period of legal
parking established for any street or parking meter zone; amending Section 22-183
of the Salina Code and repealing the existing section.
81-318 Moved by Commissioner Duckers, seconded by Commissioner Graves, that
Ordinance Number 81-8885, providing that it shall be unlawful to allow any motor
vehicle to be parked beyond the period of legal parking established for any
street or parking meter zone; amending Section 22-183 of the Salina Code and
repealing the existing section, be adopted. Aye: Burgess, Duckers, Graves, Roth,
Hodges (5). Nay: (0). Motion adopted.
(8.4) Second Reading Ordinance Number 81-8886, providing for the penalty for
improper parking, amending Section 22-190 of the Salina Code and repealing the
existing section.
81-319 Moved by Commissioner Graves, seconded by Commissioner Duckers that
Ordinance Number 81-8886, providing for the penalty for improper parking; amending
Section 22-190 of the Salina Code and repealing the existing section, be adopted.
Aye: Burgess, Duckers, Graves, Roth, Hodges (5)• Nay: (0). Motion adopted.
(8.5) First Reading Charter Ordinance Number 19, exempting the City of
Salina, Kansas, from the provisions of K.S.A. 16-707, which provides for the
licensing of pawnbrokers and precious metal dealers and providing substitute and
additional provisions on the same subject and repealing Charter Ordinance Number
12.
Carl Adrian, 951 Lewis, a precious metal dealer, is opposdd to the
City wanting to pass a Charter Ordinance increasing the fees.
81-320 Moved by Commissioner Burgess, seconded by Commissioner Roth that
Charter Ordinance Number 19, exempting the City of Salina, Kansas, from the
provisions of K.S.A. 16-707, which provides for the licensing of pawnbrokers and
precious metal dealers and providing substitute and additional provisions on the
same subject and repealing Charter Ordinance Number 12, be introduced for first
reading. Aye: Burgess, Duckers, Graves, Roth, Hodges (5)• Nay: (0). Motion
adopted.
318
(8.6) First Reading Charter Ordinance Number 20, exempting the City of Salina
Kansas from K.S.A. 1980 Supp 75-1120(a) which requires certain municipalities to
maintain fixed asset records for buildings and land.
81-321 Moved by Commissioner Duckers, seconded by Commissioner Burgess that
Charter Ordinance Number 20, exempting the City of Salina, Kansas from K.S.A 1980
Supp 75-1120(a) which requires certain municipalities to maintain fixed asset
records for buildings and land, be introduced for first reading. Aye: Burgess,
Duckers, Graves, Roth, Hodges (5). Nay: (0). Motion adopted.
(8.7) Resolution Number 81-3571 - repealing Resolution Number 3441, which
established the Citizen's Advisory Committee.
81-322 Moved by Commissioner Duckers, seconded by Commissioner Roth that
Resolution Number 81-3571, repealing Resolution Number 3441, which established
the Citizen's Advisory Committee, be adopted.
Phil Weaver, Chairman of the Citizen's Advisory Committee, spoke as a
concerned and interested citizen, said the Citizen's Advisory Committee is tired
and needs to be rebuilt and that he hopes the City Commission will not abolish
the Citizen's Advisory Commission and give it another chance.
The Mayor called for a vote on pending Motion 81-322. Aye: Roth,
Hodges (2). Nay: Burgess, Graves, Duckers (3). Motion defeated.
81-323 Moved by Commissioner Duckers, seconded by Commissioner Roth that the
Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0).
Motion adopted. The meeting adjourned at 5:22 p.m.
�, Ap-
Merle A. Hodges, .D., Mayor
(SEAL)
ATTEST:
D. L. Harrison, City Clerk
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