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10-10576 Certified CopyGrantor Grantee Type of Document REBECCA SEEMAN """`;jEGISTER OF DEEDS SALINE COUNTY KANSAS . +Book: 1290 Page: 1710-1711 b, •'•.. .% Receipt ": 76216 Recording Fee: Other Pages Recorded: 2 GNiv�"�•�m-��vman� Date Recorded: 1/2,q/2012-12:38:09 PM Certified Copy'Of Ordinance Recordinq Fees $0.00 Mtg Reg Tax $0.00 Total Amount Return Address ROOM 206 TRACEY DecerMb r (Published in the Salina Journal on Nsretrrbcr 13., 2010.) trial. 26ia_o ORDINANCE NUMBER 10-10576 AN ORDINANCE PROVIDING FOR THE VACATION OF RIGHT-OF-WAY FOR A a PLATTED PUBLICALLEY IN THE ATHERTON-PHILLIPS ADDITION AND SURVEYOR'S PLATG. IN TIIE CITY OF SALINA, SALINE COUNTY, KANSAS. BE ITORDAINED by the Governing Body of the City of Salina, Kansas: 8 y Section 1. That on October 25, 2010, the Salina City Commission conducted a public hearing on 3 the petition filed by Thomas P. Martin on behalf of the Salina Regional Health Foundation ("Petitioner") requesting vacation of the eastern portion ofan cast -west alley located between Ash Street and Johnstown Avenue in the Atherton -Phillips Addition and Surveyor's Plat G in the City olSalina, Saline County, Kansas, more particularly described as follows: That portion of the alley adjacent to Lots 1, 2, 3 and 4, Atherton -Phillips Addition and adjacent to Lot 24, Surveyor's Plat "G", City of Salina, Saline County, Kansas, more particularly described as follows: . Beginning at the Northwest comer of said Lot 3; — Thence on an assumed bearing of N 00°07'57"W a distance of 17.20 feet to the Southwest corner of said Lot 4; — Thence N 89'22'13'7 E along the South line of said Lots 2 and 4 and extensions thereof, a distance of 241.76 feet to the point on the West right-of-way line of Oakdale Avenue; — Thence S 00022'50" W along said West right-of-way line a distance of 17.21 feet; — Thence S 89'22'13" W along the North line of said Lots I and 3 and extensions thereof, a distance ol'241.61 feet to the Point of Beginning; Said parcel contains 4158 square feet, more or less. ' Section 2. That the governing body finds from the evidence presented at the public hearing that (a) Due and legal notice has been given by publication as required by law. (b) No private rights will be injured or endangered by vacation of the right-of-way. (c) In justice to the Petitioner vacation of the right-of-way should be granted. Section 3. That the right-of-way is hereby vacated and shall revert to the owner of Lots 1-4 in the Atherton -Phillips Addition and Lot 24 in Surveyor's Plat G in the City of Salina, Saline County, Kansas, in accordance with K.S.A. 13-443. Sectio ='hai'fbisatdinance shall be in full force and effect from and after its adoption and public thc'gtf � al;ity newspaper. ' �,! : ; •""•••., ;,�s.`-1 Introduced: October 25, 2010 " h�.' p,GF,1dIZ� PaFn1pgvember22,20tO CD I 1ST© <: .• tG. Peck, Mayor lsl ALA �s ..... -. . :'C' i Lieu Ann Elsey, CMC, Ohy Clerk I hereby certity that the above and foregoing is a true and correct copy of Ordinance No. 10-10576 that was adopted by the Governing Body of the City of Salina at their tth�eiir� re gu lar meeting on November 22, 2010. v: •�'qGy h r QFOnNIZFO i9 o Lieu Ann Elsey, CMC, City Cferk ; 1870 1� a ager .1711 (Published in the Salina Journal on November 0-1, 2011.) ORDINANCE NUMBER 11-10625 AN ORDINANCE ORDERING TIIE ACQUISITION OF TITLE TO CERTAIN INTERESTS IN REAL ESTATE FOR USE BY THE CITY OF SALINA, KANSAS, IN CONSTRUCTION OF THE EAST MAGNOLIA IMPROVEMENT PROJECT PURSUANT w TO CHAPTER 26 OF TIIE KANSAS STATUTES ANNOTA'T'ED, AND AMENDMENT'S q THERETO. WHEREAS, the City of Salina; Kansas (the "City") has by Resolution Number 11-6859 ' declared it necessary to appropriate private property in order to complete a roadway widening and U replacement project on Magnolia Road from Ohio Street to east of the flood protection levee, including associated utility reconfigurations and drainage improvements, (the "Project"); and WHEREAS, in accordance with Resolution Number 11-6859, the City Engineer has caused a survey and description to be made of real estate to be acquired by the City for the purpose of constructing the project, SO NOW, THEREFORE 13E IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That the Board of Commissioners hereby reaffirms the prior orders and declarations of the necessity for acquisition of title to certain interests in real estate for the purpose of constructing the Project. Section 2. That the interests in real estate required to be taken for such public use are described in the Certificate of Engineer prepared by the Office of -the City Engineer and filed with the Office of the City Clerk pursuant to K.S.A. 26-201. Section 3. That the following described interests in real estate: Ril:ht-of-Wav: A strip of land located in the Northeast Quarter of Section 31, Township 14 South, Range 2 West of the 6th P.M., Saline County, Kansas, and being more particularly described as follows: Commencing at the Northwest corner of said Northeast Quarter, thence on an assumed bearing N88°55'12"E, along the North line of said.Northeast Quarter, a distance of 230.00 feet to the Point of Beginning, said point being the Northeast corner of a Tract described In Deed Book 1003, Page 1886-1887.- Thence 886-1887; Thence S00°30'07"E, along the East line of said Tract described in Deed Book 1003, Page 1886-1887, a distance of 50.00 feet to a point on the South Right -of -Way line of an existing road Right -of -Way easement; Thence N88'55'1 2"E, along said South road Right -of Way casement, a distance of 338.48 feet to a point on the West Right -of -Way line of an existing road Right -of - Way easement; Thence S00°37'33"F.., along said West road Right -of' Way easement, a distance of 10.00 feet to a point on the South Right -of -Way line of an existing road Right -of - Way casement; 'thence N88°55'12"E, along said South road Right -of -Way casement, a distance of ' 487.87 feet; Thence S77°02'37E a distance of 61.85 feet; Thence N88'55'1 2"E a distance of 315.00 feet; Thence S86°21'06"E a distance of 194.82 feet to a point on the South line of an existing City of Salina Flood Control Levee; Thence N82°30'43"W, along the South line of an existing City of Salina Flood Control Levee, a distance of 276.53 feet to the West line of an existing City of Salina Flood Control Levee; a1. Thence N00°30'03"W, along the West line of an existing City of Salina Flood Control Levec and said West line extended, a distance of 49.87 feet to the North line of said Northeast Quarter; Thence S88°55'12"W, along said North section line, a distance of 1122.02 feet to the w point ol'beginning. N New Right of Way contains: 6,445 square feet, more or less ' a Existing Right of Way contains: 64,277 square feet, more or less 3 Total Right of Way contains: 70,722 square feet, more or less Permanent Drainage Easement: A strip of land located in the Northeast Quarter of Section 31, Township 14 South, Range 2 West of the 6th P.M., Saline County, Kansas, and being more particularly described as follows: Commencing at the Northwest corner of said Northeast Quarter, thence on an assumed bearing N88'55'1 2"E, along the North line of said Northeast Quarter, a distance of 230.00 feet to the Northeast corner of a Tract described In Deed Book 1003, Page 1886-1887; Thence continuing N88°55' 12"E, along the North line of said Northeast Quarter, a distance of 825.79 feet; Thence SOI °04'48"E a distance of 60.00 feet to a point on the South Right -of Way line of an existing road Right -of -Way easement; Thence S77°02'37"E a distance of 61.85 feet to the point of beginning; Thence N88'55'1 2"E a distance of 147.29 feet to the West line of an existing easement described in Misc. Book 101 page 473; Thence SOI °04'48"E, along said West existing casement line, a distance of 25.00 feel; Thence S45°30'40"W a distance of' 58 21 beet; Thence S88'55'1 TV a distance of 50.00 feet; Thence N41'1 8'58"W a distance of 85.15 feet to the point of beginning. Easement contains: 6,941 square feet, more or less Temporary Easement: . A strip of land located in the Northeast Quarter of Section 31, Township 14 South, Range 2 West of the 6th F.M., Saline County, Kansas, and being more particularly described as follows: Commencing at the Northwest corner of said Northeast Quarter, thence on an assumed bearing N88'55'1 2"E, along the North line of said Northeast Quarter, a distance of 230.00 feet to the Northeast corner of a Tract described In Deed Book 1003, Page 1886-1887; Thence continuing N88'5-5'1 2"E, along the North line of said Northeast Quartcr, a distance of 598.80 feet; Thence SOI °04'48"E a distance of 60.00 feet to the point of beginning, said point being on the South Right -of -Way line of an existing road Right -of -Way casement; Thence N88°55'12"E, along said South road Right -of -Way casement, a distance of 48.00 feet; Thence S36°02'13"W a distance of 23.20 feet; Thence S88°55'12"W a distance of 20.00 feet; w Thence N38°11'48"W a distance of 21.20 feet to the point of beginning. Easement contains: 629 square feet, more or less A a (the "Real Estate") are hereby ordered condemned for the purpose set forth in Section 1 above. Section 4. That the City Attorney is hereby directed to file a verified petition signed by the City Manager in the District Court of Saline County, Kansas, for the condemnation and acquisition of title to the Real Estate pursuant to Chapter 26 of the Kansas Statutes Annotated, and amendments thereto, and to do all that is necessary for the condemnation and acquisition of the Real Estate for the stated public purpose. Section 5. That this ordinance shall constitute the final order setting forth the condemnation of the Real Estate described herein and for the purpose for which it is to be used. Section 6. That this ordinance shall be in full force and effect from and after its adoption and publication as provided by the law. Introduced: November 21, 2011 Passed: N*Ae vember 28, 2011 Samar isMayor [SEAL ATTEST: Lieu Ann l lsey, CMC, ( y Clerk December (Published in the Salina Journal ons # berZz 2011.) ORDINANCE NUMBER 11-10624 AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF THE PLATTED RESTRICTED ACCESS ALONG THE WEST SIDE OF LOT THREE (3), BLOCK ONE (1) IN THE REPLAT OF COUNTRY OAK ESTATES SUBDIVISION IN THE CITY OF SALINA, SALINE COUNTY, KANSAS. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That on November 14, 2011 the governing body conducted a public hearing on the petition filed by Country Oak Development Corp. ("Petitioner") requesting vacation of the restricted access on the east side of Marcella Drive beginning at a point fifteen (15) feet south of the northwest corner of Lot Three (3), Block One (1) in the Replat of Country Oaks Estates Subdivision, and extending south along the west line of said Lot Three (3) a distance Fifty -Two and Sixty -Three Hundredths (52.63) feet for the purpose of constructing a thirty-three (33) foot driveway entrance on Marcella Drive to serve a motel located on the East Two Hundred Eighty -Four (284) feet of Lot Three (3). Section 2. That the governing body finds from the evidence presented at the public hearing that due and legal notice has been given by publication as required by law, that no private rights will be injured or endangered by vacation of the Restricted Access in this location, that the public will suffer no loss or inconvenience thereby, and that injustice to the Petitioner vacation of the Restricted Access should be granted as requested. Section 3. That for the purpose of recording this ordinance with the office of the Saline County Register of Deeds, this vacatim of restricted access relates to that tract of real property described as Lot Three (3), Block One (1) in the Replat of Country Oak Estates Subdivision, Lots 14- 20, 26-28 and part of Lot 21, 25, Block 1, Lots 10-16, Block 3 and Lots 1-3, Block 4, City of Salina, Saline County, Kansas. Section 4. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official cit} newspaper. Introduced: November 14, 2011 [SEAL] r�TEST: �+ Lieu Ann Elsey, CMC, City lerk Pa ed: Novembe 1, 2011 Orman Jenm Ice -Mayor December - (Published m the Salina Journal on4leuon+HerZg 2011.) ORDINANCE NUMBER 11-10624 AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF THE PLATTED RESTRICTED ACCESS ALONG THE WEST SIDE OF LOT THREE (3), BLOCK ONE (1) IN THE REPLAT OF COUNTRY OAK ESTATES SUBDIVISION IN THE w CITY OF SALINA, SALINE COUNTY, KANSAS. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: N Section 1. That on November 14, 2011 the governing body conducted a public hearing on the petition filed by Country Oak Development Corp. ("Petitioner") requesting vacation of the restricted access on the east side of Marcella Drive beginning at a point fifteen (15) feet south of the northwest corner of Lot Three (3), Block One (1) in the Replat of Country Oaks Estates Subdivision, and extending south along the west line of said Lot Three (3) a distance Fifty -Two and Sixty -Three Hundredths (52.63) feet for the purpose of constructing a thirty-three (3 3) foot driveway entrance on Marcella Drive to serve a motel located on the East Two Hundred Eighty -Four (284) feet of Lot Three (3). Section 2. That the governing body finds from the evidence presented at the public hearing that due and legal notice has been given by publication as required by law, that no private rights will be injured or endangered by vacation of the Restricted Access in this location, that the public will suffer no loss or inconvenience thereby, and that injustice to the Petitioner vacation ofthe Restricted Access should be granted as requested. Section 3. That for the purpose of recording this ordinance with the office of the Saline County Register of Deeds, this vacation of restricted access relates to that tract of real property described as Lot Three (3), Block One (1) in the Replatof Country Oak Estates Subdivision, Lots 14- 20, 26-28 and part of Lot 21, 25, Block 1, Lots 10-16, Block 3 and Lots 1-3, Block 4, City of Salina, Saline County, Kansas. - Section 4. That this ordinance shall be in full force and effect from and after its adoption and publica ' he official cit> newspaper. Gy�y.OF Sq� h��t• cgGAN IZED LJ CD i 1870 ` r [SEAL] S' '• ...... • c� jL ATTPRT• Lieu Ann Elsey, CMC, City Introduced: November 14, 2011 P" ed: Novembe , 2011 Orman Jenni , ice -Mayor 1 hereby certify that the above and foregoing is a true and correct copy of Ordinance No. I I-10624 that was adopted by the Governing Body of the City of Salina at their regular meeting on November 21, 2011. AZO oawx�''yY o' 1� -. Lieu Ann Elsey, CMC, City Cie 1870 {yy °`,bRE GISTER OF OEEOSCSALINEACOUNTY KANSAS ..... ' ; i Book: 1290 Page: 121 Receipt ": 75815+, Recording Fee: Other Pages Recorded: 1 G /V , ,4 . Date Recorded: 1/3/2012 3:96:53 PM L' J r (Published in the Salina Journal on November le 2011.) ORDINANCE NUMBER 11-10623 AN ORDINANCE LEVYING SALINA BUSINESS IMPROVEMENT DISTRICT NO. 1 SERVICE FEES FOR 2012 IN ACCORDANCE WITH K.S.A. 12-1791, AND 11"REPEALING ORDINANCE NUMBER 10-10577 a w WHEREAS, the Advisory Board of the Salina Business Improvement District No. I has recommended a program of services and submitted a proposed budget for the calendar year 2012; and, g WHEREAS, it is necessary that the Governing Body, by ordinance, levy the business improvement district service fees which shall be applicable only to businesses located within the Salina Business Improvement District No: 1 as established by Ordinance Number 83-8979; SO NOW, THEREFORE 13E IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. For purposes of this ordinance the following terms shall be defined as stated: a. "Aparonew building " shall mean "those buildings in which are located more than three residential units for rent." b. "Business " shall mean "a fixed place of business where one or more persons are employed or engaged in the purchase, sale, provision or manufacturing of commodities, products or services. The ownership of real estate which is unoccupied and which is held for investment purposes, for sale or lease, shall be considered a business. C. "Services" shall mean "governmental functions, programs, activities, facilities improvements and other services which a city is authorized to perform or provide." d. "Worker" shall mean "a person who works predominately at the site of a business located within the business improvement district for compensation by the business as an owner or worker, but not as an independent contractor." Section 2. Effective January 1, 2012, there is hereby levied and assessed against all businesses located within the Salina Business Improvement District No. 1 (the "BID") an annual business improvement district service fee on each business located within Salina Business Improvement District No. 1 ("annual BID service fee") according to the following scale: Santa Fe District Included businesses. Base fee per business: Plus frontage rate: Combined maximum fee Per business: Employment District Included businesses: Base fee per business: Phis,fee"per worker based Upon lolal workers: Ground -floor businesses addressed on Santa Fe and with front footage abutting Santa Fe Avenue between Ash Street and Mulberry Street. $207.00 $8.28 per front footage abutting Santa Fe Avenue. $1:242.00 All businesses located between Ash Street and South Street not inciuded within Santa Fe District. $124.20 worker 2 through 10 - $41.40 per worker additional workers - $20.70 per worker Maxinnun fee per business: w 1-lospital/Mill District N Included Businesses: A U Base .fee per business Plus fee per worker based Upon total workers: 2 to 10 workers - 11 to 50 workers - 50 or more workers $ 414.00 $ 828.00 $1,242.00 All businesses located between Elm Street and Ash Street and between South Street and Prescott Street. $82.80 workers 2 through 10 - $2691 per worker Additional workers - $14.49 per worker Maximuni fee per business: 2 to 10 workers - $ 271.17 11 to 50 workers - $ 560.97 50 or more workers - $ 850.77 Section 3. For purposes of this annual BID service fee ordinance: a. State law exclusion. All property owned or used exclusively for state, county, municipal, literary, educational, scientific, religious, benevolent and charitable purposes shall be excluded from the provisions of Viis ordinance in accordance with State law. b. Accessory residential dwelling exclusion. Residential dwellings, accessory to and located above or below the ground floor of another principal use shall be excluded from the provisions of this ordinance. C. Calculation of number of workers. The number of workers of a business shall be determined by dividing the total dumber of worker hours per week as of January 1, 2011, by forty hours and rounding to the nearest whole number. d. Vacant buildings. The annual BID service fee for a vacant building in the employment or hospital/mill district shall be calculated as if the building is occupied, but with no workers. The service fee for a`vacant building in the Santa Pe district shall be the same as if the building is occupied. C. Vacant lots. The annual 131D service fee for a vacant lot shall be the base service fee for the district in which the vacant lot is located. f. Parking lots. The anmial BID service fee for a parking lot in which parking spaces are leased or rented for a charge shall be the base service fee for the district in which the parking lot is located. No service fee shall be assessed for a parking lot which is accessory to a business and in which no parking spaces a:e leased or rented for a charge. g. Apartment buildings. The annual BID service fee under this ordinance for each apartment building shall be the base service fee for the district in which the apartment building is located. ' h. Application ofmaximian fee per business. In the case of single business located in more than one district, the higher+ maximum annual BID service fee for a district in which the business is partially located shall apply. Section 4. Each business located within the Business Improvement District shall be required to register on forms provided by the BID. Registration forms shall provide sufficient information to identify and contact the business and shall include business name, location address, mailing address, tax identification number, business owner name, telephone number, and address. In the event ofa responsible party for the Iusiness other than the owner, the responsible party's name, address and telephone number shall also be included. Additional information may be required if necessary for efficient administration. p..enewal registration shall be required only in the event of a change in ownership or responsible partir >; however, substantive information changes shall be reported. Section 5. Any ad ininistrative interpretations or determinations necessary toward the fair and equitable application of this ordinance shall be made by the City Manager. Section 6. All annual BID.scrvice fees collected pursuant to this ordinance shall be w expended for the services outlined in the Recommended Program of Services and according to the budget for 2012 as recommended by the,131D Advisory Board. N Section 7. Any business subject to an annual BID service fee levied pursuant to Section I g will be billed in full on January 1 and the annual BID service fee shall be due and payable on the following February 1 of each year; provided however. that at the request of any business with an annual BID service fee in excess of $240, the business may be billed and that annual BID service fee shall be due and payable as follows: a. Annual BID service fees of $241 to $500 may be billed on a quarterly basis on January 1, April I, July 1, and October 1, and shall be due and payable within 30 days thereafter. b. Annual fees in excess of $500 may be billed on a monthly basis on the first day of each month and shall be due and payable within 30 days thereafter. A finance charge of 1.5% per month shall be assessed on any past due balance. If any quarterly or monthly installment remains unpaid sixty (60) days following the due date of the installment, the full balance of the annual BID service fee for that business shall be immediately due and payable and the business shall lose the privilege of electing to pay the annual BID service fee in installments for the remainder of the current year and for the following year. (the "disqualification period") If the business is current in payments of all prior annual BID service fees and any applicable finance charges at the close of the disqualification period, the business may again elect to ' pay the annual BID service fee in the applicable number of installments. Section 8. That if a business ceases operation within the BID and is delinquent in the payment of its BID service fee, the business shall be obligated to pay the daily prorated share of its annual BID service fee for any days during which the business operated within the BID. The owner of the property in which the business was located shall then be assessed for a daily prorated share of the annual BID service fee, until a new busi.liess occupies the property. The new business shall then be assessed upon the same daily prorated basis for the balance of the year. In no case shall the same BID service fee be charged to both a tenant business and a property owner. Section 9. "Chat if a business moves from the BID after paying a service fee, the business may request a refund for the daily prorateu share of the service fee paid, based upon the number of paid days the business will no longer operate .within the BID. (Por example: If ABC Retailer has paid its second quarterly payment and ceases op6ation within the BID on April 25th, ABC Retailer would be entitled to request a refund of its annual service fee divided by 365, multiplied times the 66 days remaining in the second quarter). Any request for a refund under this section must be filed no later than 30 days after the requesting business ceases operation within the BID. Section 10. That the annual BID service fees levied by this ordinance shall,be enforced in the following manner: a. The amount of any delinquent BID service fee shall constitute a debt due to the City. b. At the direction of ti. e City Manager or the City Manager's designee, the City Attorney or another attorney contracted for that purpose shall institute a civil suit in the Saline County Dis'rict Court in the name of the City to recover any such unpaid BID service fee and ".lute fees. When appropriate, the City Manager or the City Manager's designee miry institute a small claims action to recover any unpaid BID service fee and finano; charges. Any legal fees or costs associated with such civil actions shall be char -ed to the BID Fund either directly, or through the Salina Downtown, Inc. budget. C. The City Manager may contract with a collection agency for collection of delinquent BID service fees. 4. d. The City Manager is authorized to file under the State Sctaside program for debt collection. C. No civil judgment shall bar or prevent a criminal prosecution for each and every 6 w .violation of this ordinance. g Section 11. That any person convicted of violating this ordinance shall be fined an amount no greater than $500. 3 Section 12. That Ordinance Number 10-10577 is hereby repealed. Section 13. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: November 7, 2011 C�Pilssed: Novcmb f 14, 2011 Mwfelr (SEAL) Norman Sennirga VICelY1a� ATTEST: ShaWicks,epputyCity Clerk (Published in the Salina Journal on October,, 2011) (19) Residential dwellings for elderly and/or handicapped persons, located on the ground floor or within buildings used principally for residential purposes, provided that parking is provided at one half the ratio set in Section 42-553 and provided that such development shall have a' minimum lot area of five hundred (500) square feet per dwelling unit in addition to complying with the C-4 bulk regulations; (20) Tattoo parlors/body piercing studio provided that notification of public hearing shall be provided to all property and business owners in the C-4 district; ORDINANCE NUMBER 11-10622, AN ORDINANCE AMENDING CIIA13TEIZ 42, ARTICLE VI, DIVISION 14 BY AMENDING SECTION 42-303 AND 42-303.1 PERTAINING TO CONDITIONAL AND PROHIBITED USES IN THE C-4 DISTRICT AND REPEALING EXISTING SECTIONS a 42-303 AND 42-303.1. w BE IT ORDAINED by the governing body of the city of Salina, Kansas: Section 1. That Sections 42-303 and 42-303.1 of Chapter 42, Article Vl, Division 14 of the Salina Code are hereby amended as follows: U Sec. 42-303. Conditional uses. Conditional uses in the C-4 district are as follows: (1) Amusement arcades, indoor only; (2) Amusement and vending devices, sales and service; (3) Automobile repair; (4) Car washes; (5) Church, chapel, temple, synagogue and shrine; .(6) Custom cabinet and woodworking shop; (7) Drinking establishments with less than 30% food sales; (8) Equipment sales, rental and service, except construction -type equipment; (9) Food and/or beverage service on an outdoor patio which is accessory to a restaurant or bar, provided that the patio area may not exceed the size or occupant load of the indoor serving space; (10) Group care facility; (11) Group day-care centers, provided that such us shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building codes; (12) Home improvement center; (13) Motorcycle sales, rental and service, provided that all display of vehicles is within a completely enclosed building; (14) Pawnshops; (15) Private clubs; (16) Recycling centers; (17) Residential dwellings, accessory to another principal use on the ground floor of a building, provided that such dwellings may not be located in the front portion of the building, may not occupy more than twenty-five (25) percent of the floor area of the ground floor and shall not be required to provide separate off-street parking. (18) Residential dwellings located on the ground floor or within buildings used principally for residential purposes, provided that parking is provided at one half the ratio set forth in Section 42-553 and provided that such development shall comply with the R-3 Multiple -Family District requirements for density and lot size (Section 42-204) in ' addition to the C-4 bulk regulations; (19) Residential dwellings for elderly and/or handicapped persons, located on the ground floor or within buildings used principally for residential purposes, provided that parking is provided at one half the ratio set in Section 42-553 and provided that such development shall have a' minimum lot area of five hundred (500) square feet per dwelling unit in addition to complying with the C-4 bulk regulations; (20) Tattoo parlors/body piercing studio provided that notification of public hearing shall be provided to all property and business owners in the C-4 district; (2 1) Teen centers; (22) Testing and research laboratories; (23) Warehouse and wholesale houses." w "Sec. 42-303.1. Prohibited uses. Prohibited uses in the C-4 district are as follows: ' (1) Massage parlors; (2) Mini -warehouses; (3) Payday loans companies; Section 2. That the existing Section 42-303 and 42-303.1 are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper Introduced:- October 10, 2011 Passed:*Ang, 7, 2011 Samanthayor [SEAL] [ TEST] Lieu Ann Elsey, CMC, Chy Clerk 2 (Published in the Salina Journal on October5l , 2011.) ORDINANCE NUMBER I1-10621 AN ORDINANCE AMENDING CHAPTER 38, ARTICLE III OF THE SALINA CODE BY ADDING DIVISION 2 PERTAINING TO TOWING AND STORAGE OF VEHICLES AND REPEALING EXISTING SECTION 38-43. a w BE IT ORDAINED by the Governing Body of the city of Salina, Kansas: N Section 1. That new Sections 38-50 through 38-59 are adopted and shall be codified as Division 2 of Chapter 38, Article III of the Salina Code, as follows: U "DIVISION 2- TOWING AND STORAGE OF VEHICLES Sec. 38-50. Authority to tow or impound without notice to owner. Any police officer is authorized to have removed and towed away by commercial towing service to an impound lot or other safe place designated by the city, without notice to the owner or lawful custodian of such vehicle, all vehicles found under any of the following circumstances: (1) When any vehicle upon a street is so disabled or unattended so as to constitute an obstruction to traffic and the person or persons in charge of the vehicle cannot safely operate the vehicle or are unable to provide for its timely removal; (2) When any vehicle is parked in such a manner as to constitute a hazard or obstruction to the safe movement of traffic; (3) When any vehicle creates an emergency situation in which damage to property or personal injury is likely to occur if the vehicle is not removed; (4) When the operator of any vehicle is arrested and taken into custody by the police department and such vehicle would thereby be left unattended and create a hazard or obstruction to the safe movement of traffic; (5) When any vehicle is found being driven on the streets and is not in proper or safe condition to be driven and cannot be safely removed by the owner or operator; (6) When the driver is injured in an accident and is unable to provide for its removal; (7) When any vehicle has accumulated three (3) or more parking citations under Section 38-45 of this Code and the tines are more than thirty (30) days past due; (8) When any vehicle is reported or determined to be stolen and is recovered; (9) When any vehicle is subject to seizure as evidence in a criminal prosecution; or (10) When any vehicle is subject to seizure or forfeiture under the laws of this state or federal law. Sec. 38-51. Public nuisance vehicles. (a) A vehicle is declared to be a public nuisance and any police officer or other authorized city employee may cause such vehicle to be removed and impounded under the following circumstances: (1) Whenever any unoccupied or inoperable vehicle is left parked continuously upon any street of the city for forty-eight (48) hours or more. The provisions of this section may not be defeated by a mere location change of any offending vehicle on the same side of the street within the same block; II (2) When any unoccupied vehicle is found parked in or upon any regularly designated parking space, or in or upon any street, sidewalk or alley in violation of any of the provisions of this chapter or any other traffic ordinance of the City; (b) Vehicles subject to being towed under this Section that do not constitute an obstruction to the safe movement of traffic or create an emergency situation in which damage to property or personal injury is likely to occur if the vehicle is not removed, shall not be removed without either: (1) Personally notifying the owner of the violation and giving the owner a reasonable time to move said vehicle or pay all outstanding lines; or (2) Placing on its windshield or in another prominent location a sticker or placard indicating the vehicle is in violation of this chapter and that it will be removed at the owner's cost after forty-eight (48) hours from the time the sticker or placard was attached to the vehicle. The sticker or placard shall include such other information as the chiefof police determines is necessary. a w Sec. 38-52. Personal property in towed vehicles. The owner of a vehicle towed pursuant to this chapter shall, upon demonstrating proof of a title or registration, be given access to all personal property in the vehicle for a period of forty-eight (48) hours after the vehicle has been towed. Personal property shall be released U to the owner during this period at no charge. No towing contractor shall prohibit or refuse to allow the owner of a vehicle towed pursuant to this chapter to retrieve medicine or other medical supplies from the towed and stored vehicle at any time. Sec. 38-53. Notice to law enforcement and holder(s) of security interest. (a) When any vehicle is towed other than by order of the police department and without the prior consent and authorization of the vehicle owner or operator, the individual or company lowing the vehicle shall report to the police department, by email, telephone or fax the following information within two (2) hours of the tow: (1) All vehicle identification information including the year, make, model, color and style of the vehicle; the license plate number and state; and the Vehicle Identification Number (VIN); (2) The address from which the vehicle was towed or, if there is no address, a detailed description of the location from which the vehicle was towed; (3) The name, address and phone number of the individual or company that towed the vehicle; (4) The date and time the vehicle was towed; (5) The name, address and phone number of the owner of the towed vehicle; ' (6) The name, address and phone number of any holder(s) of a security interest in the towed vehicle; and (7) In the event any of the above information is not included in the email, an explanation regarding why the information has not been included. (b) Upon the towing of any vehicle pursuant to this chapter, the individual or company towing the vehicle shall report the location of the vehicle to the readily identifiable holder(s) of a security interest therein within five (5) business days of the removal and storage of the vehicle. Sec. 38-54. Notice after impoundment. If reasonably possible, whenever any motor vehicle is towed and impounded pursuant to this chapter, notice shall be given to the owner or person entitled to custody of the motor vehicle that (1) such vehicle has been towed and impounded; (2) the reasons for the tow; (3) how the vehicle may be recovered, including the right to a hearing as set out in Section 38-56; and (4) that unless the owner takes action within thirty (30) days from the date of receipt or the notice, proceedings may be instituted to sell the motor vehicle. Sale shall be pursuant to Kansas law to cover any costs accrued as a result of the towing and impounding. When feasible, the notice, shall be provided to the owner or person entitled to custody of the motor vehicle at the time the motor vehicle is towed and the officer providing the notice shall obtain written acknowledgment of receipt of the notice. If notice cannot be provided to the owner or person entitled to custody of the motor vehicle at the time the motor vehicle is towed, notice shall be made by certified mail with return receipt requested. Notice by certified mail shall be mailed to the owner of vehicles displaying Kansas registration plates no later than close of business of' the second business day after the towing. The notice shall be mailed to the owner of vehicles not displaying Kansas registration plates no later than close of business of the second business day after ownership is determined. The police department shall use reasonable diligence in determining the titled or registered owner of the vehicle. Lr (c) Vehicles towed pursuant to subsection (10) of Section 38-50 shall be disposed of pursuant to the Kansas Standard Asset Seizure and Forfeiture Act, K.S.A. 60-4101 et. sect. and amendments thereto. Sec. 38-56. Hearing procedures. (a) Owners or persons entitled to the lawful custody of motor vehicles impounded pursuant ' to this chapter who wish to contest the validity of the motor vehicle tow may request a hearing for such purpose by notifying the clerk of the municipal court in writing. The request shall state the grounds upon which the person requesting the hearing believes the impoundment invalid or unjustified. Absent exigent circumstances, such request must be made no later than five business days from receipt of the notice of impoundment. (b) A hearing for the purpose of determining the validity of the tow shall be held by the municipal court within seven (7) working days after such hearing is requested. The time of the hearing shall be set by the clerk of the municipal court. (c) Pending the hearing, the owner or person lawfully entitled to custody of any vehicle impounded pursuant to this chapter may retrieve the impounded vehicle upon posting bond with the clerk of the municipal court in the amount of the towing charges, storage fees and, if applicable, parking fines. Upon showing to the commercial tow service proof of the posting of the bond, the motor vehicle shall be released immediately. If a bond is not posted, the vehicle shall remain in storage until the requested hearing is held. (d) If the municipal court judge determines the vehicle was lawfully towed pursuant to this chapter, then all charges shall be paid by the owner or person lawfully entitled to custody of the vehicle. The charges may be paid for partly or in whole -by the bond, if posted, and any surplus bond money shall be returned. ' (e) If the municipal court judge determines the vehicle was not lawfully towed pursuant to this chapter, the municipal court judge shall order the immediate release of the vehicle to its lawful owner without costs, and any bond posted shall be returned. (f) Should any owner or person lawfully entitled to custody of an impounded vehicle post bond but fail to appear after being notified of the time for the hearing, the bond shall be forfeited. Sec. 38-57. Contracts for towing and storage — request for proposal process. (a) The city may, after a competitive request for proposal process, contract for the towing and storage of vehicles. Upon notification by the city of its request for proposals, all Sec. 38-55. Recovery procedures. (a) All motor vehicles towed and impounded pursuant to this chapter shall be surrendered to the owner or person entitled to custody of the vehicle subject to the provisions of subparagraph (b) herein, upon presentation of the following to the towing contractor where the vehicle is impounded: w (1) Proof of ownership of the vehicle by lawful title or other proof of lawful = entitlement to the vehicle; A(2) Proof of liability insurance on the vehicle as required by the laws of the state of ' Kansas; U (3) Proof of current registration of the vehicle as required by the laws of the state of Kansas; (4) Payment of all storage charges and towing fees incurred in the towing and impounding of the vehicle unless otherwise relieved of that requirement by application of the hearing provisions set forth section 38-56 and payment of all parking fines. (b) Should a person seeking release of a motor vehicle impounded pursuant to this chapter fail to present proof of current registration and/or proof of insurance, the vehicle will not be released to be driven away from the impound lot, but the vehicle shall be released to be towed from the tow lot if proof of ownership is shown and all storage charges, towing charges, and parking fines are paid. (c) Vehicles towed pursuant to subsection (10) of Section 38-50 shall be disposed of pursuant to the Kansas Standard Asset Seizure and Forfeiture Act, K.S.A. 60-4101 et. sect. and amendments thereto. Sec. 38-56. Hearing procedures. (a) Owners or persons entitled to the lawful custody of motor vehicles impounded pursuant ' to this chapter who wish to contest the validity of the motor vehicle tow may request a hearing for such purpose by notifying the clerk of the municipal court in writing. The request shall state the grounds upon which the person requesting the hearing believes the impoundment invalid or unjustified. Absent exigent circumstances, such request must be made no later than five business days from receipt of the notice of impoundment. (b) A hearing for the purpose of determining the validity of the tow shall be held by the municipal court within seven (7) working days after such hearing is requested. The time of the hearing shall be set by the clerk of the municipal court. (c) Pending the hearing, the owner or person lawfully entitled to custody of any vehicle impounded pursuant to this chapter may retrieve the impounded vehicle upon posting bond with the clerk of the municipal court in the amount of the towing charges, storage fees and, if applicable, parking fines. Upon showing to the commercial tow service proof of the posting of the bond, the motor vehicle shall be released immediately. If a bond is not posted, the vehicle shall remain in storage until the requested hearing is held. (d) If the municipal court judge determines the vehicle was lawfully towed pursuant to this chapter, then all charges shall be paid by the owner or person lawfully entitled to custody of the vehicle. The charges may be paid for partly or in whole -by the bond, if posted, and any surplus bond money shall be returned. ' (e) If the municipal court judge determines the vehicle was not lawfully towed pursuant to this chapter, the municipal court judge shall order the immediate release of the vehicle to its lawful owner without costs, and any bond posted shall be returned. (f) Should any owner or person lawfully entitled to custody of an impounded vehicle post bond but fail to appear after being notified of the time for the hearing, the bond shall be forfeited. Sec. 38-57. Contracts for towing and storage — request for proposal process. (a) The city may, after a competitive request for proposal process, contract for the towing and storage of vehicles. Upon notification by the city of its request for proposals, all J r interested and eligible service providers shall submit an application, including its proposed maximum rate for towing service and storage fees as specified in the request. The award of a contract for towing and storage of vehicles shall be based on, but not limited to, the following factors: (1) The amount of the proposed maximum rate for towing service and storage fees to which the service provider is willing to commit for no less than one year; (2) The bidder's technical skill, experience, and sound business practices in providing towing and storage services; (3) The bidder's previous conduct and performance when towing/impounding vehicles for the city, as relates to integrity, promptness, skill, efficiency, and ability to maintain satisfactory working relationships with vehicle owners; (4) The bidder's existing availability of equipment, facilities and personnel well-suited for providing towing and storage services or the bidder's demonstrated financial ability and willingness to immediately expand or improve available equipment, facilities and personnel if awarded a contract for towing and storage services with the city; and (5) The bidder's ability to meet the minimum quality standards established pursuant to this section. (b) The chief of police shall have the authority to establish minimum quality standards for any commercial towing and vehicle storage contractor that contracts with the city. The minimum quality standards established by the chief of police may include, but shall not be limited to, the towing contractor's hours of operation; maintenance of storage facilities; security and lighting mechanisms; vehicles and equipment; and required insurance policies. All. minimum quality standards shall be identified in the contract between the city and the towing contractor. (c) The city may contract with one (1) or more towing and storage companies. If the city elects to contract with more than- one (1) company, a rotation schedule shall be administered in accordance with Section 38-59. Sec. 38-58. Contracts and maximum rates. (a) Upon completion of the request for proposal process, the city manager will choose one (1) or more service providers to enter into a contract with the city to provide towing and storage services in accordance with this chapter. Based upon the maximum rates for towing service and storage'fees submitted by the service providers applying to contract with the city, the city shall establish the maximum rate a contractor may charge for towing service and storage fees in accordance with K.S.A. 8-1103, as amended. Such maximum rates shall be published in the city's comprehensive fee schedule. No fees may be charged by a contractor for services not listed in the comprehensive fee schedule without the written consent of the chief of police. The city shall not be responsible for unpaid towing or storage charges except as agreed to in writing by the chief of police. (b) Upon the award of a contract under subsection (a), the contractor shall file with the city clerk a list setting out the name and location of each of the contractor's vehicle storage locations. Sec. 38-59. Rotation tow list. In the event that the city contracts with more than one (1) towing and storage service provider, the police department shall implement a rotational procedure that fairly utilizes the services of each service provider under contract with the city. Sec. 38-60. Suspension or termination of contract. The city manager is authorized to suspend or terminate the contract with a towing and storage service provider if the contractor violates the terms of its contract with the city, the minimum quality standards established by the chief of police, or fails to perform towing and storage services in a manner consistent with its proposal and the selection criteria set forth in section 38-57. Any determination of the city manager relating to the status of a contract with a towing and storage service provider shall be subject to appeal to the governing body upon written notice to the city clerk received in the office of the city clerk no more than ten days following notification to the service provider of the city manager's action relating to the contract. Section 2. That Section 38-43 of the Salina Code is hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. w Introduced: Octoblet� 10, 2011 Passed: O t cr 24, 2011 Samantha P. Angell, Mayor [SEAL] ATTEST:: Elsey, C Lieu Ann Elsey, CMC, Cy Clerk (Published in the Salina .lournal on October, 2011.) ORDINANCE NUMBER 11-10620 AN ORDINANCE AMENDING CHAPTER 38, ARTICLE III, DIVISION 1, SECTION 38-45 OF THE SALINA CODE PERTAINING TO OVERTIME PARKING AND REPEALING " EXISTING SECTION 38-45. i BE IT ORDAINED by the Governing Body of the city of Salina, Kansas: ' Section 1. That Section 38-45 of Chapter 38, Article III, Division I of the Salina Code is hereby amended as follows: o "Sec. 38-45. Overtime parking prohibited. (a) It shall be unlawful for any person to cause, allow or permit any vehicle registered in the name of or operated by such person to be parked overtime or beyond the period of legal parking time established for any city street or parking lot. (b) Whenever any motor vehicle without driver is found in violation of this section, the officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its owner or operator, and shall conspicuously affix to the vehicle a traffic citation. (c) Every person convicted of a violation of this ordinance shall be punished by a fine of five dollars ($5.00) if such fine is paid within seven (7) days of the time when the citation was attached to the vehicle parked in violation. If the penalty is not paid within seven (7) days of the time the citation was attached to the vehicle parked in violation, the penalty for the violation shall increase to ten dollars ($10.00). If the penalty is not paid within thirty (30) days of the time the citation was attached to the vehicle parked in violation, the penalty for the violation shall increase to twenty-five dollars ($25.00). (d) The owner or operator of a vehicle cited may make payment to the clerk of the municipal court by depositing the applicable fine and citation in a courtesy fine collection box, by mailing the applicable tine and citation to the clerk of the municipal court, or by paying the applicable fine and citation directly to the clerk of the municipal court. (e) The owner or operator of a vehicle cited may contest a citation by contacting the clerk of the municipal court and requesting a trial date. Once a request for a trial date has been made to the clerk, the enforcement provisions shall be stayed, pending a decision by the municipal courtjudge. (I) If the owner or operator of a vehicle cited docs not pay or request a hearing within a period of seven (7) days of the time the citation was issued, the clerk of the municipal court shall send to the owner of the motor vehicle to which the citation was attached, a letter informing the owner of the violation and warning that in the event such letter is disregarded, the vehicle parked in violation may be subject to towing pursuant to Sec. 38-50(7). (g) If any vehicle accumulates three (3) or more parking citations under this Section and the fines are more than thirty (30) days past due, said vehicle shall be subject to the towing provisions of Sec. 38-50(7). Section 2. That the existing Section 38-45 is hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: October 10, 2011 Passed: Octobe 7, 201 I Samantha P. Ange , Mayor [SEAL] ATTEST - Lieu Ann Elsey, CMC, 6 y Clerk I,] (Published in the Salina Journal on S�C b er 5 ; 201 1 .) ORDINANCE, NUMBER 11-10619 AN ORDINANCE, REPEALINC CHAPTER 32, ARTICLE, II OF THE SALINA CODE. PERTAINING TO GOING OUT OF BUSINE,SS SALP:S. BE, ITORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. "Chat existing Chapter 32, Article 11 is hereby repealed. Section 2. That this ordinance shall be in Bill force and effect from and after its adoption and publication once in the official city newspaper. (SIAL) A'1""IIS'I: I,icu Ann Iasey; CMC; City Clerk Introduced: Passed: _, Iia P 2011 2011 Mavor (Published in the Salina Journal on November , 2011.) ORDINANCE NUMBER 11-10618 AN ORDINANCE PROVIDING FOR'1HE AMENDMENT OF ORDINANCE NUMBER 8526, THE SAME BEING CHAPTER 42 OF THE SALINA CODE, AND THE ZONING DISTRICT MAP THEREIN AND THEREBY ADOPTED AND PROVIDING FOR TILE REZONING OF CERTAIN PROPERTY WITHIN TILE CITY AND PRESCRIBING THE 13ROPER USES THEREOF. WHEREAS, all conditions precedent for the amendment of Zoning District Map, the rezoning of certain property therein, hereinafter described has been timely complied with, SO NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. AMENDMENT. DISTRICT "PDD". PLANNED DEVELOPMENT DISTRICT. That the Zoning District Map of the City of Salina, Kansas, duly adopted and published as a part of Ordinance Number 8526, the same being Chapter 42 of the Salina Code, be and it is hereby amended so that the following described property be rezoned as follows, to -wit: Lot One (1), Block One (I) of the Ilageman Addition to the City of Salina to the City of Salina, Saline County, Kansas shall become a part of District "PDD" PLANNED DEVELOPMENT DISTRICT. Section 2. CONDITIONS OF APPROVAL. The use of said described property shall be subject to all the conditions, restrictions and limitations as made and provided for in Ordinance Number 8526, the. same being _Chapter 42 of the Salina Code withreference to the PLANNED DEVELOPMENT DISTRICT. Development of the property shall be subject to the plans on file with the City Planning Commission and/or City Clerk and the following conditions to -wit: Development limitations shall be as follows Permitted uses, within the Planned Development District, shall include: a. Maintenance Shop b. Warehouse c. Vehicle service bays, including a car wash bay d. Fueling station, with above ground tanks e. Administrative offices f Copy center g. Laundry h. Library / Instructional Media Center i. Master server room j. Schools: primary, intermediate, secondary k. Accessory off-street parking 1. Accessory outdooi'storage 2. Development shall be subject to the bulk regulations specified in the R-3 (Multi - Family Residential) district regulations. 3. Signage shall be subject to Section 42-517 of the Sign Regulations. 4. Final site development _plans for the Alternative School and Special Education School (Phases II and Ill) shall be reviewed and approved by the Planning Commission prior to issuance of a building permit for either site. 5. No development shall OCCUr in the area identified as "undeveloped" until a final development plan for this area has been reviewed and approved by the Planning Commission. 6. The City Engineer shall approve plans and specifications for the proposed storm water collection system and any detention / retention pond required prior to issuance of a building permit for P' use I. 7. The Director of Utilities shall approve plans and specifications for any public water and sewer line extensions prior to issuance of a building permit for Phase I. 8. A detailed planting plan and irrigation plan shall be submitted and approved prior to issuance of a building permit for Phase I. Trec and plant varieties shall be from the City's Recommended Trcc List and Xcriscaping Plant List. 9. The applicant shall submit site lighting plan confirming that no light shall spill onto w adjacent property and shall submit cul sheets for exterior lighting fixtures for review prior to issuance of a building permit. 10. Development of Phase (shall be completed in substantial conformance with the approved site development plan, landscape plan and building elevation drawings which are hereby incorporated by reference. 11. A building permit for this Phase I project shall be obtained within 18 months of site plan approval. 12. A final plat shall be approved prior to final approval of the planned development district. Section 3. That all prior ordinances in conflict herewith as they relate to the above described real estate are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. [SEAL] I.JL� ' Lieu Ann Elsey, CMC, City 2 Introduced: September 12, 2011 Passed November 21. 2011 Samantha P. Angel , Mayor (Published in the Salinat)ournal on.September �� , 201 1.) ORDINANCE NUMBER 11-,10617 AN ORDINANCE AMENDING CIIAP7TF,R 5, SECTIONS 5-66 AND 5-91 OF 'TME SALINA CODE BY . PROVIDING FOR THE ISSUANCE OF A SPECIAL, EVENT RETAILERS' PERMIT PURSUANT TO K:S.A. 41-2703(e) ANI) REPEALING EXISTING z SECTION 5-66 AND 5-91. w WHEREAS, the 2011 Kansas Legislature has amended K.S.A. 41-2703 by adding sub- paragraph (c) as follows: (c) In addition to, and consistent with the requirements of K.S.A. 41-2701 ct seq., and amendments thereto, the board of county commissioners or any county or the governing body of any city may provide by resolution or ordinance for the issuance of a special event retailers' permit which shall allow the permit holder to offer for sale, sell and serve cereal malfbeveiage for consumption on unf)crmitted premises, which may be open to the public, subject to the following: . (1) A special event retailers' permit shall specify the premises I'or which the permit is issued; (2) A special event retailers' permit shall be issued I'or the duration of the special event, the dates and hours of which shall be specified in the permit; (3) No more than four special event retailers` permits maybeissued to any one applicant in a calendar year; and (4) A special event retailers' permit shall not be transferable or assignable. WHEREAS, the Governing Body has determined that providing for the issuance of a Special (?vent Retailers' Permit pursuant to and accordance with K.S.A. 41-2703 will add a uscf'ul mechanism for local regulation of the sale and consumption of cereal malt beverages. BE IT ORDAINED by the Governing Body of the city of Safina, Kansas: Section 1. That Section 5-66 of Chapter 5, Division I of the Salina Code is hereby amended as follows: "Sec. 5-66. Dclinitions. As used in this article, the words and phrases herein deliucd shall have the following meanings unless the context otherwise requires: (1) Cereal mall beverages means any fermented but undistilled liquor brewed or made from malt or from a mixture of malUor malt substitute, but docs not include any such liquor which is more than three and two-tenths (3.2) percent alcohol by weight. (2) licensee is a person who has a license as herein required. (3) Place of business'shall mean any phicc at which cereal malt beverages are sold. (4) Retailer means any person who wlls or offers for sale any cereal malt beverage for use or consumption and not for resale in any form. (5) Special Event Retailers' Perini! is a permit issued to pursuant to K.S.A. 41-2703(c) and this article that allows the permit holder to offer for sale, sell and serve cereal malt beverage for consumption on unpermitted premises, which may be open to the public. (6) Wholesaler or Distributor shall mean individuals, Firms, copartnerships. corporations and associations which wellor.offer for sale any beverage referred to in this article, to persons, copartnerships, corporations and associations authorized by this article to sell cereal mail beverages at retail. Section 2. That Section 5-91 of Chapter 5, Division 2 of the Salina Code is hereby amended as follows: "See. 5-91. Required. (a) No person shall sell any cereal'matt beverage at retail without first having secured: (1) a license for each place of business which such person desires to operate within the corporate limits of the city, as herein provided and a person having only a license to sell at retail cereal malt beverages as a retailer for consumption off the premises as dcsionatcd in this article shall not sell any such beverage in any other manner, and a person having only a license to sell cereal malt beverages as a general retailer shall not sell any such beverage in any other manner than that covered by such license; provided, that a general retailer may also secure a license as a'retailcr for consumption oll'the premises on complying with the requirements of this article and securing an additional license as a retailer lot - Consumption off the premises; or - (2) a special event retailers' permit which shall allow the permit holder to offer for sale, sell and serve cereal malt beverage for consumption on unpermitted premises, which may be open to the public, subject to the lollowing: a. A special event retailcrs' permit shall specify the premises for which the permit is issued; b. A special event retailers' permit shall be issued for lesser of the duration of the special event or three (3) consecutive days, excluding Sundays, the dates and hours of which shalt be specified in the permit: C. No more than four special event retailcrs' permits may be issued to any one applicant in a calendar year; and d. A special event retailcrs' permit shall not be transferable or assignable. (b) A special event retailers' permit holder shall not be subject to the provisions of the beer and cereal malt beverage keg registration act, K.S.A. 41-2901 et seq., and amendments thereto. (c) For lire purpose of this division, the term "retail license" shall refer to both a retail license and a special event retailers' permit." Section 3. That existing Sections 5-66 and 5-91 are hereby repealed. Section 4. This ordinance shall take effect and be in force from and after its publication in the official newspaper: September 121 2011 ;Seftemb 2. �Ol 1amantha P. Angc I, vlayor I,SFA1.I A'1'hGS`� lieu Ann Elsey, CMC, City C rk (published in the Salina .liui nal on September 1 , 2011.) ORDINANCE NUMBER 11-106,16 AN ORDINANCE PROVIDING FOR'TliF; AMENDMENT OF ORDINAN'CF,NUM BFAR 8526, THE SAME BEING CIIAPTF,R 42 OF THE SALINA CODE;, AND THE ZONING DISTRICT MAP THEREIN AND T'IIERF,13Y ADOPTED AND PROVIDING FOR THE w REZONING OF CERTAIN PROPERTY WITHIN THE CITY AND PRI+.SCRIBING T11F; PROPER USES THEREOF. NWHEREAS, all conditions precedent for the amendment of the Zoning District Map, the rezoning of certain property therein, hereinafter described has been timely complied with, SO NOW, THEREFORE, 13E IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. AMENDMT:N'r. COMPIZEIIENSIVI; PLAN. That the Putuire land Usc Map of the Comprehensive Plan of the City of Salina is hereby amended to show the arca on the north side of the Lakewood Circle cul-de-sac as public land use. Section 2. AMENDMENT. DIST721CT "R-3", MULTIPLE FAMILY RLSIDF:NTIAL DISTRICT. That the Zoning District Map of the City of Salina, Kansas, duly adopted and published as a part of Ordinance Number 8526, the same being Chapter 42 of the Salina Code, be and it is hereby amended so that the following described property be rezoned as follows, to -wit: A parcel of land located in Block 7, Lakewood Addition to the City of Salina, Saline County, Kansas, more particularly described as follows: _ Beginning at the Southeast corner of -said Block 7; - thence along the South lige of said Block 7 on a curve to the left with a radius of 216.91 feet, chord bearing of N 70°59'18" W (assumed), a chord length or 141123 feel and arc length of 143.85; thence S 89°59'39" W along said South line a distance of 26.49 feet; thence N 00°00'42" W a distance or 161.37 feet; - thence S 89047723" h a distance off60.01 feet to a point on the Fast line of said Blocl< 7; - thence S 00°00'42" E along said East ling a distance of 206.78 feet to the point of Beginning, said parcel containing 27,724 square Peet, more or less, shall become apart of DISTRICT "R-3", MULTIPLE FAMILY RIsSIDF,N1'IAL DISI -RICE. Section 3. CONDITIONS OF APPROVAL. The use ofsaid described property shall he subject to all the conditions, restrictions and limitations Lis made and provided for in Ordinance Number 8526; the same being Chapter 42 of the Salina Code with reference to "R-3", MULT'IPIA] FANIILY RESIDENTIAL DISTRICT and the R-3 district rcgtilations and Conditional Usc Permit No. 0000-2. Section 4. That all prior ordinances in'conflict herewith as they relate to the above described real estate are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. (SEAL) A"I"1"hST: Licu Ann FIscy, CMC, City Clerk Introduced: August 22, 201 1 Passed: ptcmb r 12, 201 1 Samantha p. Angel , Mayor n (Published in the Salina Journal on Septembe, 201 1.) ORDINANCE NUMBER 11-10615 AN ORDINANCE PROVIDING FOR'L'IIE AMI:NDMEN'I' OF ORDINANCI,,NUMBI{R 8526, THE SAMA; BEING CHA'PT'ER 42 OF THE SALINA CODE, ANDTHE, HE, ZONING DISTRICT MAI' TAIF.REIN AND THEREBY ADOPTED AND PROVIDING FOR THE, w REZONING OF CER'T'AIN PROPERTY WITHIN THE, CITY AND PRESCRIIII NG' THE PROPER USES TIIEREOF. N WIIF,REAS, all conditions precedent for the amendment of the %Doing District Agap, the rezoning of certain property therein, hereinafter described has been timely complied with. SO NOW, THEREFORE, BE IT.ORDAIN'ED by the Governing Body of the City of Salina; Kansas: Section 1. AMENDMENT. COMPREIIENSI VE PLAN. That the Fuua-e Land Use Map of the Comprehensive Plan of the City of Salina is hereby amended to show the arca in the northwcst corner of the Lakewood School Addition as Employment land use. Section2. AMENDMENT. DlS7RIC'1'"I-2",I,IGFCIINDUS"hRIA1.DIS"I'RIC'1'. Thatthc Zoning District Map of the City of Salina, Kansas, duly adopted and'published as a part of Ordinance Number 8526, the same being Chapter 42 of the Salina Code, be and it is hereby amended so that the following described property be rezoned as follows, to -wit: A parcel of land located in Lot 1, Block 1, Lakewood School Addition to the City of Salina. Saline County' , Kansas, more particularly described as follows: Beginning at the Northeast corner of Block 7. Lakewood Addition; - thence on an assumed bearing of N 90°00'00" 13 along the North line of' said Lot I a distance of 176.82 feet: - thence S 00°16'51" W a distance ol'274.77 feet; - thence N 89°47'23" W a distance of 175.42 feet to a point on the I!?ast line of saicl Block 7; - thence N 00°00'42 ` W along said L:ast line a distance of 274.12 feet to the Point of Beginning; said parcel containing 48.336 square feet. more or Tess. shall become a part of DISTRICT "I-2", LIGHT INDUSTRIAL, DISTRICT. Section 3. CONDITIONS OF APPROVAL. The use of said described property shall be subject to all the conditions; restrictions and limitations as made and provided for in Ordinance Number 8526. the same being Chapter 42 of the Salina Code with reference to "1-2", LIGHT INDUSTRIAL, DISTRICT and the I-2 district regulations. Section 4. - That all prior ordinances in conflict herewith as they relate to the above dcscribcd real estate are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. (SEAL) ATIT'S'f: �jp Y ` C/�� Licu Ann Elsey, CMC, City Clerk Introduced: August 22. 2011 Passed: Scptem 12.2011 Samantha P. An(, Il, Mayor. (Published in the Salina Journal ori August 2011.) ORDINANCE NUMBER 11-10614 AN ORDINANCE LEVYING SPECIAL, ASSESSMENTS AGAINST CERTAIN LOPS AND PIECES OF PROPE12'1'Y TO PAY THE COST OF ABATEMENI OF NUISANCES ON CERTAIN LOTS AND PARTS OF LOTS AND T111? PARKWAYS w ABU1 TING THEREON IN THE CITY OF SALINA, KANSAS. WHEREAS, the Code Enforcement Officer of the City of Salina. Kansas, caused to be onotified the owner of the property herein described, to cause such nuisances to be removed: and WHEREAS, the owner of the property hereinafter described, after proper notice. did not remove such nuisance in accordance With Section 24-5 of the Salina Code, and the cost thereof has been ascertained, SO NOW, "ITIEREFORE BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That there be and there is hereby levied and assessed against the lots and pieces of property hereinafter described, an assessment for the purpose of paying the cost of removal or such nuisances, taxable against the followings described lots in the amount set opposite of said lots: Tas # Legal'Desc iption' Total Cast 2055.2 ;Lot 32, Block 25 in the Episcopal Military Institute Addition to the City of Salina„ 5222.27 �Saline C_o_unty, Kansas 265T3'Tot of 32, Block 25 in the Episcopal Military Instittite Addition to the City of Salina, $16325 SalincCounty,Kansas 2274 ILot 11, Block 45, Military Addition (Part Vacated) to the City of Salina, Salinc 51.32.00 ---'Counly,_Kansas 2695.2 Lot 1, Block 31, Military Addition to the City of Salina, Saline County, Kansas S276.27 2695.3 [I.ot I, Block 3 1, Military Addition to the City of Salina, Saline County; Kansas S 13825 r--- 5 �--_"--' 2699.1 I,ot 10, Block 31, Military Addition to the City of Salina, Saline County, Kansas Sl 95.27 2699.2 Lot 10, Blook 31, Military Addition to the City of Salina, SahnC County, Kansas S 138.25 2744. I bots 9 & TI, except that part of said Lots 13, 15, 17 and 19, all in Block 10, in Pacific S 144.50 Addition to the City of Salina, Saline County, KS, excepting a tract described as, I follows: The East 30' of the part of Lot 9, in Block 10 in Pacific Addition to the City IOf Salina,_Saline County, KS. 2830.1 Lot 25, Block 17, Pacific Addition to the City of Salina, Saline County, Kansas S1,14.50 3885 All of hots 33, 34 and part of Lots 12-16, 31, 32, 35, 36 all in Block 9, Calkin's $1114.50 'Addition to the City of Salina, Saline County, KS, more particularly described as !follows: Beginning at the intersection of the south ROW line of the Union Pacific :Raihoad and the West ROW line of Santa Fc Street, thence S00°10'36'')1 aloe<u the i !West ROW line of Santa 1b a distance of 33.44' to the POB: thence S00°10'36''1. :along said ROW litre a distance of 139.84`; thence Nt90°00'00"W a distance of 28.39'; thence N40°50'22"W a distance ol'36.91'; thence S88°49'4T'W a distance of X58.20'; thence S00°52'22"W a distance of 18.90'; thence S89°4212577W a distance of +8.67'; thence S01'41 '48"W a distance of 15.18' to the North line of Lot 17; thence . 0°00'00'W along the North line of Lot 17 a distance of 49517; thence N00°57'3977W a distance of 97.26'; thence N68°17'567E a distance of 59.33', thence S22°35'35"E a distance ol'20.78': thence N'67024101"1 a distance of 116.69` to the point of beginning, containing 0.39 acre_ s of 17288.7 square feet more or Tess. 4254 1Reserve 1l 3 Riverside Park Addition less that part taken for Riverside Drive to the 5225 75 iCity of Salina, in Saline County, KS sometimes described as: Beginning at the SW corner of said Reserve 113; thence North along the West tine of said Rcscrvc 113 150`; leu thence in a Southeasterly Ducction to t Point on the South 1 Gine of said Rcscivc #> 100 cast of the 11013; )hence West long thI i e South ne of Said Reserve 113 100' to the point of Bcgmning, in the City of Salmi Saline C ount_v, KS 8923Lot28, 131ock 7, Replal of 1,dgcmcrc Addition Sl<1200 5261 1I_of 19 Hazelwood Addition to the City of S atm i Saline County Kansas S5,16.49 5278.1 South 10' of Lot 95 and Lot 97, Second (2nd) Street, in the Original Town of Salina. S 150.75 �Salinc County, K_msas 5623 1lie North 45' of Lot 187 and Lot 188 on South Street, in the Original "town of S138.25 Salina, Saline County, Kansas 5814 S/2 of Lot 15 on Ninth Street, Prescott Addition —�� S163.2-) 58772 , Lot 4 and the East 55 Pect of Lot 7, Block 2, Santa Pe Park Addition S 12,164.19 6265.1 Tl.ot 25 on University Place, University Addition to the City of Salina, Saline County;_ 5226.63 t_,__1Kansas plus 5' vacated University Street Section 2. That the City Clerk is hereby directed and authorized to immediately certify the assessments made in Section I of this ordinance to the County Clerk of Saline County, Kansas, to be placed upon the tax roll for collection subject to the same penalties and collected in lilac manner as other taxes. Section 3. That this ordinance shall be in full effect from and after its adoption and publication once in the official city newspaper.. ISEA1,, A' f"I Ili^S'r: Lieu Ann Elsey, CMC; City Irk InlrodUCCd: August 8, 2011 Passed: A Bust 15. 2011 W Sainantha P. Angell, Mayor file South 40' of the North 87.5' f'ect of Lots 13 and 15 on Cedar Street, Phillips S193.13 6633.1 Third (3rd) Addition to the City of Salina�Saline County, Kansas -- - -- rth Addition to the City of Salina, Saline County, Kansas S2 38.25 6967.2 Tot 3, Block 4, West haven First Addition the City oP Salina_ Saline County, KS S249.27 - 7258.3 -lo '1 he South 35' of the North 40' of Lot 6, Block 3, Morrison's Second Addition to the S157.00 w (City of Salina; Saline County, Kansas �74 1-9 !Lot 10. Block 2, Replat of Part of Morrisons Third (3rd) Addition to the City of 5138.25 $ ISalina, Saline County, Kansas_-_.--_-� -•_--- a -- 8216 1 Lot 12, Block 2, Fairview Addition to the City of Salina, Saline County, Kansas S 157.00 a 3 c City e Conty, KS SIT .76 8272 5, 131ock 19, Southern I (ei ghts Additum to the Ctof Satin t Sit inu . - — - - ----- 10285 l he Gast 4T of Lot I and the West 25' of Lots 2, 3 and 4, Block 1, Moiningsidc 5574.97 f Addition to the City of Salina, Saline County_ Kansas - 10395 ('file South 116' of Lot 20, Block 3, Replat of Blocks 3; 4, 5 and 6, Hin,cnan fart: S203.00 !Addition to the City of Salina_Salinc County._Kansas 10776 !Lot 14, Block 2, College view Addition to the City of-Salina, saline County. KS 5169.50 10854.2 Lot 8, Block 5, 1lutchinson's Addition to the City of Saline. KS, except all that part of 5144.50 said Lot 8 lying South and West of a line drawn from the NW corner of said lot to a point on the South Zinc of said Let 31.4' Gast of the SW corner of'said Lot 8, Block 5, I lutchinson's Addition to the City of Salina_ Saline County, KS _ 11384 Lot 58 _on Santa Fe Avenue in the Grounds of Kansas Wesleyan University, an 5273-75 Addition to the City of Salina, Saline County, Kansas _ X14305 11o 5, 13 lock 13, I lollybrookc Addition to the City of Salina, Saline County, Kansas 5368-64 -�� - 1485Fi�2_; l.ot 29. Block 1 Key Acres Addition S 182.00 — t-- —' 16065 11 of I, Block 4, Country Club Estates 11 2 Addition to the City of Salina. Saline 527050 lCounty, Kansas 16065.1 ILot l; Block 4, Country Club Estates Addition No. 2, an Addition to the City of S144.50 Salina, SalineCounty, Kansas---�— -- ---'- - .----- ----- 71 IL[ 14, Upper Mill Addition to the City of S tIm t Saline County, Kansas $219.76 20480 Lot 9, Block 9, Fox Run Addition to the City of Salina, Saline County, Kansas S 138.25 26500 "file West 3' of Lot l3, All of Lot 14 and Lot 15 Less the West 41,65'. Block 2. 5132.00 Country Oak Gstates Subdivision to the City of Sal ina_Saline County, Kansas 26504 All of Lot 18 and the west 7.25' of Lot 17, Block 2, Counuy Oak Estates Subdivision 5257.00 ;to the City of Salina, Saline County, Kansas _ 28715 Loi 21 and that part of Lot 22 as Rtllows: Commencing at the Northwest corner of Lot S 1 38.25 122: thence SOV0019"W along the west Zinc of said Lot 22 it distance of 127-82` to the Ipoint of the bcginning; thence N8VI3'1'I"G, a distance of IOT to it point on the (Northwesterly line of Lot 21; thence S50°01'39"W along said Northwesterly line it distance of 140.74' to the southwest corner of said Lot 22: thence N01"0119'T along (the West line of said Lot 22 a distance of 79.65' to the point of beginning, all in (Block 7, in Fastview Estates Addition to the City of Salina, Saline Countv_Kansas. Section 2. That the City Clerk is hereby directed and authorized to immediately certify the assessments made in Section I of this ordinance to the County Clerk of Saline County, Kansas, to be placed upon the tax roll for collection subject to the same penalties and collected in lilac manner as other taxes. Section 3. That this ordinance shall be in full effect from and after its adoption and publication once in the official city newspaper.. ISEA1,, A' f"I Ili^S'r: Lieu Ann Elsey, CMC; City Irk InlrodUCCd: August 8, 2011 Passed: A Bust 15. 2011 W Sainantha P. Angell, Mayor 1 33 - 60H REGISTER OF DEEDS OFFICE SALINE COUNTY NOTICE This instrument is being returned for the following reasons: Check is incorrect Amount needed: Book/Page is incorrect missing Incorrect date of �,� Description is_"� inco recf missing ShoyId be: 9 n'�- Cke �- L� 4 _ KP.f Auras t�a� woes r>W%} A>0k A_ Type or print names under signatures or pay $1.00 penalty (K.S.A. 28-115) Instrument not dated Notary not dated Seal omitted Notary's Signature omitted Expiration of commission omitted Acknowledgment not complete "Subscribed and sworn to" is insufficient, see sample enclosed No Assignment to Not this County Document not signed Document is not the original Need sales validation questionnaire or exemp- tion. (K.S.A. 79-1437e) Other: Kindly return as soon as corrected so that we can complete the record Thank You, REGISTER OF DEEDS 785-309-5855 www.saline.org RE GISTER OF DEEDSOSALINEACOUNTY KANSAS ° Book: 1233 Page: 619-616 Receipt u 73131 P Recording Fee: Other Pages Recorded: 3 C N/ &C no- r Date Recorded: 8/23/2011 10:37:21 AM Grantor Grantee Type of Document Recording Fees Mtg Reg Tax Certified Copy Of Ordinance $0.00 $0.00 Total Amount $0.00 Return Address TRACEY ROOM 206 s 8 (Published in the Salina Journal on tgust I1, 2011. aak: `Page: 6 ORDINANCE NUMBER 11-10614 AN ORDINANCE LEVYING SPECIAL ASSESSMENTS AGAINST CERTAIN LOTS AND PIECES OF PROPERTY TO PAY THE COST OF ABATEMENT OF NUISANCES ON CERTAIN LOTS AND PARTS OF I,OTS AND THE PARKWAYS ABUTTING THEREON IN THE CITY OF SALINA, KANSAS. WHEREAS, the Code Enforcement. Officer of the City of Salina, Kansas, caused to be notified the owner of the property herein described, to cause such nuisances to be removed; and WHEREAS, the owner of the property hereinafter described, after proper notice, did not remove such nuisance in accordance with Section 24-5 of the Salina Code, and the cost thereof has been ascertained; SO NOW, THEREFORE ' 13E IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That there be and there is hereby levied and assessed against the lots and pieces of property hereinafter described, an assessment for the purpose of paying the cost of removal of such nuisances, taxable against the followings described lots in the amount set opposite of said lots: 2055.2 I.,ot 32, Block 25 in the Episcopal Military Institute Addition to the City of Salina, 5222.27 Saline County, Kansas 2055.3 'Lot 32, Block 25 in the Episcopal Military Institute Addition to the City of Salina, 5163.25 .Saline County, Kansas v-- --- - - - -- — -- - -- -..._ -- -- 2274 Lot 11, Block 45, Military Addition (Part Vacated) to the City of Salina, Saline 5132.00 County, Kansas — ___--._:_.. _:. 2695.2 Lot 1, Block 31, Military -Addition to the,City of Salina, Saline County, Kansas S276.27 2695.3 !Lot 1, Block 31, Military Addition to the Cit} of Salina, Saline County, Kansas S138.25 2699.1 ✓Lot 10, Block 31, Military Addition to the City of Salina, Saline County, Kansas S195.27 2699.2 Lot 10, Block 31, MilitaryAddition to the City of Salina Saline County, Kansas -- _ .. .... S 138.25 ' � that part of said Lots 13, 15, 17 and 19, all in 131ock 10, in Pacific 2744.1 Lots 9 & 11, except S144.50 Addition to the.City of Salina, Saline County, KS, excepting a tract described as ' follows: The East 30' of the part of Lot 9, in Block 10 in Pacific Addition to the City of Salina, Saline County, KS. - — - 2830.1 ✓Lot 25, Block 17, Pacific Addition to the City of Salina Saline County, Kansas S144.50 _ .,------_.__.__.---._-.—.--------------.._.__._.._..--.-..............___..... _. 3885✓All of Lots _33,_ 34 and part of Lots 12-16, 31, 32, 35, 36 all in Block 9, Calkin's 5144.50 Addition to the City of Salina, Saline Comity, KS, more particularly described as ;follows: Beginning at the intersection of the south ROW line of the Union Pacific Railroad and the West ROW line of Santa Fe Street, thence S00°10'36'E along the ;West ROW line of Santa Fe a distance of 33.44' to the POB; thence S00°10'36"E ;along said ROW line a distance of 139.84'; thence N90°00'00"W a distance of 128.39'; thence N40°50'22"W a distance of 36.91'; thence S88°49'47"W a distance of ;58.20'; thence S00°52'22"W a distance of 18.90'; thence S89°42'25"W a distance of 8.67'; thence SO1°41'48"W a distance of 15.18' to the North line of L,ot 17; thence ;N90°00'00"W along the North line of Lot 17 a distance of 49.51'; thence :NOO°57'39"W a distance of 97.26'; thence N68°17'56"E a distance of 59.33'; thcncc S22°35'35"E a distance of 20.78'; thence N67°24'01"E a distance of 1 16.69' to the point of beginning, containing 0.39 acres or 17288.7 square feet more or less. 4254 ✓Reserve # 3 Riverside Park Addition less that part taken for Riverside Drive to the S225.75 ;City of Salina, in Saline County, KS sometimes described as: Beginning at the SW ;corner of said Reserve 113; thence North along the West line of said Reserve //3 150' feet, thence in a Southeasterly Direction to a Point on the South Line of said Reserve 1113 100' east of the POB; thence West along the South Linc of Said Reserve 83 100' -oto the Point of Beginning, in the City of Salina_ Saline County KS. 4923 :Lot 28, Block 7, Replat of Edgemere Addition S 149.00 5261 /Lot 19, Hazelwood Addition to the City of Salina, Saline County, Kansas S546,49 5278.1 ''South 10' of Lot 95 and Lot 97 Second (2nd) Street, in the Original Town of Salina, S150.75 Saline County, Kansas 5623 /The North 45' of Lot 187 and Lot 188 on South Street, in the Original Town of S138.25 Salina, Saline County, Kansas 5814 '✓S/2 of Lot 15 on Ninth Street, Prescott'Addition S1633.25 5877.2✓Lot 4 and the East 55 Feet of Lot 7, Block 2, Santa Fe Park Addition S 12,164.19 6265.1 ✓L.,ot 25 on University Place, University Addition to the City of Salina, Saline Comity, S226.63 :Kansas plus 5' vacated University Street I - AnnL■ 1�3~ii C7�na. �iiC 6633.1 ;The South 40' of the North 87.5' feet of Lots 13 and 15 on Cedar Street, Phillips S193.13 Third (3rd) Addition to the City of Salina, Saline County, Kansas 6810 Lot 1, Block 13, Leavenworth Addition to the City of Salina, Saline County, Kansas 5238.25 ----------- _ __.. 6967 2 ✓I of 3 Block 4 West Haven First Addition to the City of Salina Saline County, KS $249.27 7258.3 ✓The South 35' of the North 40' of Lot 6, Block 3, Morrison's Second Addition to the S157.00 w City of Salina, Saline County, Kansas— " - 7419 Lot 10, Block 2, Replat of Part of Morrisons Third (3rd) Addition to the City of. 5138.25 Salina, Saline County, Kansas - - -- — 8216 ✓Lot 12, Block 2, Fairview Addition to the City or Salina, Saline County, Kansas S157.00 8272 ✓Lot 5, Block 19, Southern Heights Addition to the City of Salina, Saline County, KS SI 73.76 - 10285 ✓fhe East 47' of Lot 1 and the West 25' of Lots 2, 3 and 4, Block 1, Morningside S574.97 ;Addition to the City of Salina, Saline County Kansas 10395 ✓The South 116' of Lot 20, Block 3, Replat of Blocks 3; 4, 5 and 6, I lageman Park $203.00 Addition to the City of Salina Saline County Kansas 10776 ✓f of 14, Block 2, College View Addition to the City of Salina, Saline County, KS S169.50 I0854.2�Lot 8, Block 5, Hutchinson's Addition to the City of Salina, KS, except all that part of S144.50 said Lot 8 lying South and West of a line drawn from the N W corner of said lot to a on the South line of said Lot 31.4' East of the SW corner of said Lot 8, Block 5, 'point jHutchinson's Addition to the Cityof Salina, Saline County, KS r 11384✓Lot 58 on Santa Fc Avenue in the Grounds of Kansas Wesleyan University, an S273.75 'Addition to the City of Salina; Saline County, Kansas - - 14305 Lot 5, Block 13, Hollybrooke Addition to the City of Salina, Saline County, Kansas S368.64 14856.2 Lot 29, Block 1 Key Acres Addition S182.00 _ _ ..: ... .... .._.... .------- --- -- ... ..... __. _... ... _ .. 160654�Lot 1, Block 4, Country Club Estates It 2 Addition to the City of Salina, Saline 5270.50 'County, Kansas 16065.1 iL of 1, Block 4, Country Club Estates Addition No. 2, an Addition to the City of 5144.50 i 'Salina, Saline Court Kansas17117 ✓Lot 14, Upper Mill Addition to the City of Selina, Saline County, Kansas 5219.76 20480✓Lot 9, Block 9, Fox Run Addition to the City of Salina, Saline County, Kansas St38 25 26500 -/The West 3' of Lot 13, All of Lot 14 and Lot 15 Less the West 41.65', Block 2, S132.00 ;Country Oak Estates Subdivision to the City of Salina, Saline County, Kansas 26504✓All of L,ot 18 and the west 7.25' of Lot 17, Block 2, Country Oak Estates Subdivision S257.00 :to the City of Salina, Saline County Kansas 215 ✓I of 21 and that part of Lot 22 as follows: Commencing at the Northwest corner of Lot S138.25 87 '22; thence SOl°00'19"W along the west line of said Lot 22 a distance of 127.82' to the 'point of the beginning; thence N84°13'11"E, a distance of 107' to a point on the Northwesterly line of Lot 21; thence S50°01'39"W along said Northwesterly line a distance of 140.74' to the southwest corner of said Lot 22; thence NO1'0I' 19"E along the West line of said Lot 22 a distance of 79.65'. to the point of beginning, all in 1 Block 7,in Eastview Estates Addition_to the City of Salina, Saline County, Kansas. OO— Section 2. That the City Clerk is hereby directed and authorized to immediately certify the assessments made in Section 1 of this ordinance,to the County Clerk of Saline County, Kansas, to be placed upon the tax roll for collection subject to the same penalties and collected in like manner as other taxes. Section 3. That this ordinance shall be in full effect from and after its adoption and tione official city newspaper. �0jN( 0FSq h??G{iGAN12E� 2'9 Lj�: D 1870 _ Go [SEA s 5 Lieu Ann Elsey, CMC, City PA"- R M& Introduced: August 8, 2011 Passed: gust 15, 201 1 Samantha P. Ang�ll, Mayor I hereby certify that the above and foregoing is a true and correct copy of Ordinance No. I I-10614 that was adopted by the Governing Body of the City of Salina at their regular meeting on August 22, 201 1. 'j.\jI OF f 'qui NII /{� o oecuuzEo Lieu Ann Elsey, CMC, City Clerk �t 1870a� (Published in the Salina 10Urnal on August 2011.) ORDIN'AN'CE NUMBER 11-10613 AN ORDINANCE PROVIDING FORTHEAMEN DMENTOFORDINANCE NUMBFIZ 8526, THE SAME, BEING CHAPTER 42 ON TUE SALINA CODE, AND THE ZONING DISTRICT MAI' TIIEREIN AND THEREBY ADOPTED AND TROVIDING FOR "1'111,: w REZONING OF CERTAIN PROPERTY WI'T'HIN THE CITY AND PRESCRIBING "hlil? PROPER t1SES TI3EREOF. N m WIIEREA5, all conditions precedent for the amendment of the Zoning District ,Vlap, the S rezoning of certain property therein, hereinafter described has been timely complied with. SO NOW, Ti l l"'REFORE, 13L IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. AMIsNDMEN''1'. DIS'1'RIC'1"'P.U.D.1'LANNED DRVELOPMI?N"1 DIS'I'IiIC'h. That the Zoning District Map 0 f the City of Salina, Kansas, duly adopted and published as a part of Ordinance Number 8526, the same being Chapter 42 of the Salina Codc and Section 2.d. of'Ordinancc Number 03-10138, be and are hereby amended so that the following described property be rezoned as follows. to -wit: Lots .1-15, Block 1 in the Replat of Lot 1, Block 1, Block 5 of the RivcrRn Addition to the City of Salina, Saline County, Kansas. shall become a part of District "P.D.D. PLANNED DEVEI,OPM1f.NT DISTRICT. Section 2. CONDITIONS OF APPROVAL. That the use ofsaid described property shall be subject to all the conditions, restrictions and limitations as made and provided for in Ordinance Number 8526, the same being Chapter 42 ofthe SalinaCodc with reference to the PLANNED DEV I;LOPWI N'I' DfSTRICF. Development of the property shall be subject to the plans on file with the City Planning Commission and/or City Clerk and the following conditions, to -wit: 1. Development limitations shall be as follows: Lt. Development on Lots 1-4; Block I and Lots 12-15, Block 1 (the Estates lots) shall be subject to file uses permitted, lot size and bulk re�Lulations speci Iicd in the R Single -Family Residential District. b. Development on Lots 6-1 1, Block 1 (the Cottage lots) shall be subject to the uses permittcd, lot'size and bulk regulations specified in the R-1 Singlc- Family Residential District except that the front yard setback requirement lot - all Cottage units shall be reduced to 20 feet and the side yard setback for all Cottage units shall be reduced to 6.5 feet. c. Development of Lot 5, Block 1 (thc Townhomc arca) shall be limited to the uses permittcd, lot size and bulk regulations of the R-2 Multi-hamily Residential District. Development shall be limited to one (1) single-family attached dwelling containing no more than three (3) units per building. 2. Access to Lots 5-11, Block I shall be from a named private street which shall be designed and constructed to meet the private street standards in Section 36-74.1 of the City's Subdivision Regulations, except for the Following approved variations: a. A reduction of the required paving width from 29 fl. to 24 ft. b. A reduction of the required street right-of=way width from 50 ft. to 30 fl. c. A reduction of the required right-of-way for the cul-de-sac fi-om a 50 ft. radius to 47.5 ft. The driving surface shall maintain a radius of 40 ft. d. A reduction of the minimum street curve radius from 150 ft. to 80 ft. based on the curvature of the existing private drive. c. No sidewalk shall be required. 3. the right-of-way for the private street shall be labeled as Common Arca / Access & Utility Easement (Private Street) on the final development plan. 4. A note shall be added to the final plat stating that emergency and public safety vehicles, City maintenance vehicles, trash collection trucks and schools buses have the right to enter and travel on the private street. 5. An amended set ol'Articics oFlncorporation, By-laws and Covenants necessary to set up a Homeowner's Association to maintain the proposed private street and other Common Areas within the replat arca shall be reviewed and approve by staff prior to recording of the final development plan. G. The amended Articles of Incorporation, by-laws and a declaration of covenants, conditions and restrictions For the RiverRnn Homeowner's Association and an approved mylar copy of the final development plan shall be recorded in the i Register ofDeeds office prior to issuance ol'any building permits on the property. a w 7', An addressing plan for the lot served by the private street shall be approved by the 13ngincering Department prior to issuance of any building permits. 8 8. Development of the site shall Substantially conform to the approved final development plan as amended and the landscape plan_ and monument sign drawings on file in the Planning Department. Section 3. That all prior ordinances in conflict herewith as related the above described real estate arc hereby repealed. Section d. That this ordinance shall be in fult farce and cfhect from and after its adoption and publication once in the official city newspaper. Introduced: Au-,ust S. 2011 Passed: ugust I. 2011 Samantha 1'. An ell. \flavor (S GA I ,) M I IST: Li CU Ann I?Iscy, CMC, Cityrk 1 r (Published in the Salina .foUrnal on Augitst2(p, 2011 ORDINANCE NUMBER 10-10612 AN ORDINANCE ADOPTING TILE 2012 ANNUAL BUDGET. WI IEREAS, a Proposed Annual Budget for the fiscal year commencing.1amiary l; 2012 has been prepared by the.City Manager, and a w WHEREAS, said Proposed Annual Budget has been prepared and presented to the City Commission in accordance with the Salina Code and State Laws, and a WHERFAS, the City Commission has examined, studied and reviewed said Proposed Annoal budget, and WHEREAS, a public hearing was held and conducted so as to give interested citizens a reasonable opportunity to be heard, and WHEREAS, multiple additional opportunities were afforded the citizens to comment on the proposed budget, and WHEREAS, the City Commission, has after due consideration and deliberation, made such amendments and adjustments in the Proposed Annual Budgct as they consider necessary, desirable tuul expedient, SO NOW, THEREFORE BE, IT ORDAINED by the Governing Body of the City of Salina. Kansas: Section 1. That the proposed 2012 Annual Budget as prepared on forms prescribed by the Statc of Kansas, which is hereby incorporated by reference, is authorized and approved. Section 2. That the Budget Appropriations, which are incorporated in the Proposed Annual Budget, are approved. Section 3. That all interfund transactions identified in the Schedule of Transfers as contained in said 2012An1Iua1 Budget filing with the State of Kansas are adopted by reference, authorized unci approved. Section 4. That the City Manager is authorized and directed to implement and to administer. Within the budgetary finding limits and within adopted City policy and relevant State and City Laws and regulations, said approved 2012 Annual Budget. Section 5. That this ordinance be in full force and efTcct from and after its adoption and publication once in the official city newspaper. Introduced: August S, 2011 Passed:WM� ist 22. 2011 Samantha Iavor I.SF,ALI A 1UUY�Lii��� I,icu Ann I�,Iscy, CMC, City Clerk (Published in the Salina Journal on August L(p, 201 1 .) ORDINANCE NUMBER 11-10611 AN ORDINANCE ATTESTING TO TIIE POSSIBLE; INCREASE IN'T'ANES I.E:VIE:D FOR BUDGET YEAR 2012 NECESSARY TO' FINANCE PUBLIC SERVICES FOR TME: CI'T'Y OF SALINA, KANSAS. a BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: N m Section 1. In accordance with state law, the City of Salina, Kansas, has conducted a public hcarmg and has published the proposed budget necessary to fund city services Prom January 1, 2012 until December 31, 2012. Section 2. After careful public deliberations, it is hereby attested that in order to maintain the public services, which are essential for the citizens ofthis city, it will be necessary to utilize properly tax revenues in an amount which exceeds the revenues expended in the budget year 201 1. Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: August l; 2011 P4sed: u01� 2011 Anayor (SFIA I..) I,ieU Ann I IseY , CMC, City Aerk (Published in the Salina Journal on July. , 2011.) ORDINANCE NUMBER 11-10611 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF CHAPTER 38, SECTION 38-1 OFTHE SALINA CODE BY ADOPTING TILE 2010 STANDARD TRAFFIC z ORDINANCE AND LOCAL. AMENDMENT S AND REPEALING TI IE EXISTING SECTION. a 13E IT ORDAINED by the Governing Body of the City of Salina, Kansas: N Section 1. That Section 38-1 of Chapter 38 of the Salina Code is hereby amended to read as ' follows: "Sec. 38-1. Incorporating Standard Traffic Ordinance. (a) Incorporation by reference. There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits ofthe City of Salina, Kansas, that certain standard traffic ordinance known as the 'Standard Traffic Ordinance for Kansas Cities,' 39°i Edition (2011), prepared and published in book form by the League oPKansas Municipalities, Topeka, Kansas, except as Sections 33 and 85 contained therein arc modified as set forth in paragraphs (b) and (c) below. No fewer than three (3) copies oP the Standard Traffic Ordinance shall be marked or stamped 'Office Copy as Adopted by Ordinance Number 11-10611, with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this ordinance, and fled with the City Clerk to be open to inspection and available to the public at all reasonable hours. (b) Amendment. Section 33 of the Standard Traffic Ordinance is hereby amended to read as follows: "Section 33. Maximum speed limits. (a) Except when a special hazard exists that requires lower speed for compliance with Section 32, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle at a speed in excess of such maximum limits: (1) In any citypark, fifteen (15) miles per hour, unless posted differently, in which case the maximum speed limit shall be the posted speed limit; (2) In any school zone, twenty (20) rniles per hour; (3) In any non -arterial residential district, thirty (30) miles per hour; (4) In any alley, ten (10) miles per hour; (5) In all other locations, fifty -live (55) miles per hour, unless posted differently, in which case the maximum speed limit shall be the posted speed limit. The maximum speed limits established by or pursuant to this paragraph shall be of force and effect'regardless ofwhether signs are posted giving notice thereof. (b) No person shall drive a school bus to or from school, or interschool or intraschool functions or activities, at a'speed in excess of the maximum speed limits provided in subsection (a), except that the board of education of any school district may establish by board policy lower maximum speed limits for the operation of such district's school buses. The provision of this subsection relating to school buses shall apply to buses used for the transportation of students enrolled in community colleges or area vocational schools, when such buses are transporting students to or from school, or functions or activities.' (c) Amendment. Section 85 of the Standard Traffic Ordinance is hereby amended to read as follows: "Section 85. Stopping, Standing or Parking Prohibited in Specified Places. Except when necessary to avoid conflict with othcr traffic, or in compliance with law or the directions of apolice officer or official traffic -control device, no person shall: (a) Stop, stand or park a vehicle: (1) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; (b) Stand or parka vehicle, whether occupied or not except momentarily to pick up or discharge a passenger or passengers: (1) In front of a public or private driveway; (2) Within 15 feet ofa fire hydrant.- (J) ydrant;(3) Within 20 feet ofa crosswalk at an intersection; (4) Within 30 feet upon the approach to any flashing signal, stop sign or traflic- control signal located at the side of the roadway; (5) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance, when properly sign-postcd; (6) At any place when official signs prohibit standing. (c) Park a vehicle, whether occupied or not, except temporarily for the purpose of. and while actually engaged in, loading or unloading property or passengers: (1) Within 50 feet of the nearest rail of'a railroad crossing; (2) At any place where official signs prohibit parking. (d) No person shall,move a vehicle not lawfully under his control into any such prohibited arca or away from a curb such a distance as is unlawful. (e) No person shall stand or park a vehicle in areas designated as fire lanes upon public or private property. (d) Amendment. Section 114.4 ofthe Standard'1 raffic Ordinance is hereby amended to read as follows: "Section 114.4. Unlawful Operation ofa Golf Cart (a) It shall be unlawful for any person to operate a golf cart: (1) . On any interstate highway, federal highway, or state highway; (2) On any public highway or street within the corporate limits of the City of Salina (3) On any street or highway with a posted speed limit greater than 30 miles per hour; or (4) On any public sidewalk. (b) The provisions of subsection (a) shall not prohibit a golf cart from crossing a federal, state or local street or highway or a sidewalk within a crosswalk. (c) A goll'cart shall be operated on any public street or highway in compliance with provisions oP subsection (b) only during the hours between sunrise and sunset (K.S.A. Supp. 8-15, 108) Section 2. That the existing Section 38-1 of the Salina Code is hereby repealed. (2) On a sidewalk; (3) Within an intersection; (4) On a crosswalk; (5) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends ofa safety zone, unless a diflerent w length is indicated by signs or markings; (6) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic; (7) Upon any bridge or other elevated structure upon a highway or within a g highway tunnel; (8) On any railroad tracks; (9) On any controlled -access highway; (10) In the arca between roadways ofa divided highway, including crossovers; (11) At any place where official signs prohibit stopping; or (12) .Alongside the curb of a street where the curb is painted yellow. (b) Stand or parka vehicle, whether occupied or not except momentarily to pick up or discharge a passenger or passengers: (1) In front of a public or private driveway; (2) Within 15 feet ofa fire hydrant.- (J) ydrant;(3) Within 20 feet ofa crosswalk at an intersection; (4) Within 30 feet upon the approach to any flashing signal, stop sign or traflic- control signal located at the side of the roadway; (5) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance, when properly sign-postcd; (6) At any place when official signs prohibit standing. (c) Park a vehicle, whether occupied or not, except temporarily for the purpose of. and while actually engaged in, loading or unloading property or passengers: (1) Within 50 feet of the nearest rail of'a railroad crossing; (2) At any place where official signs prohibit parking. (d) No person shall,move a vehicle not lawfully under his control into any such prohibited arca or away from a curb such a distance as is unlawful. (e) No person shall stand or park a vehicle in areas designated as fire lanes upon public or private property. (d) Amendment. Section 114.4 ofthe Standard'1 raffic Ordinance is hereby amended to read as follows: "Section 114.4. Unlawful Operation ofa Golf Cart (a) It shall be unlawful for any person to operate a golf cart: (1) . On any interstate highway, federal highway, or state highway; (2) On any public highway or street within the corporate limits of the City of Salina (3) On any street or highway with a posted speed limit greater than 30 miles per hour; or (4) On any public sidewalk. (b) The provisions of subsection (a) shall not prohibit a golf cart from crossing a federal, state or local street or highway or a sidewalk within a crosswalk. (c) A goll'cart shall be operated on any public street or highway in compliance with provisions oP subsection (b) only during the hours between sunrise and sunset (K.S.A. Supp. 8-15, 108) Section 2. That the existing Section 38-1 of the Salina Code is hereby repealed. 7 Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced`: July 25, 201 1 Passed: July 2:t,. 2011 (SI?AI,) A-1 IT''Sf:, Samantha 1'. Angell, Mayor l,,icu Ann Elsey, CMC, (Vty Clerk u (Published in the Salina Journal on A-;RZ9, 2011.) ORDINANCE NUMBER 11-10610 AN ORDINANCE LEVYING SPECIAL ASSESSMENTS AGAINST CERTAIN LOPS AND PIECES OF PROPERTY TO PAY THE COST OF 'PILE REPAIR OF SIDF,WALKS ON CERTAIN LOTS AND PARTS OF LOTS AND THE PARKWAYS ABUTTING THEREON IN TIIE CPI'Y OF SALINA, KANSAS. w WHEREAS, the Department of Public Works of the City of Salina, Kansas, caused to be notified the owner of the property herein described, to cause such sidewalks to be repaired- and WHEREAS, the owner of the property hereinafter described, after proper notice, did not repair such sidewalk in accordance with Section 35-137 of the Salina Code, and the cost thereof' has been ascertained, SO NOW, TIIEIZEFORE 13E IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That there be and there is hereby levied and assessed against the lots and pieces of property hercinaltcr described, an assessment for the purpose of paying the cost of repairing such sidewalks, taxable. against. the followings described lots in the amount set opposite of said lots: LeaahD"wrintibn �` � �'_ _ `: Total, cost 2278 2286 3565 3707 10635 Lot I and 3, Block 45, Military Addition Lot 18, Block 45, Military Addition The South 40 feet of Lots 33 & 34 on State Addition Lot 9. Block 14, Pacific Addition Lot 9, 13lock 8, Bonds Addition University S2. 146. —� 5880. — S3.86S. -- S1.299. Section 2. That the City Clerk is hereby directed and authorized to certify the assessments made in Section I of this ordinance no sooner than 30 days after the date of publication to the County Clerk of Saline County, Kansas, to be placed upon,the tax roll for collection subject to the same penalties and collected in like manner as other taxes. Section 3. That this ordinance shall be in full effect from and after its adoption and publication once in the official city newspaper. I,SIALI TTSS LiCtt Ann Elscy, CMC, Cit terk Introduced: July 18. 2011 Passed",, 2011 Samantha P. Angell, Mayor Tuty (Published in the Salina Journal on J_, 2011.) ORDINANCE NUM13EIZ 11-10609 AN. ORDINANCE AMENDING CIIAPTER 14, ARTICLE III, DIVISION 2, SECTION 14-57.8 OF THE SALINA CODE PEIZTAINING TO THE USE OF APPROVI?D CONSUMER FIREWORKS AND REPEALING EXISTING SECTION 14-57.8. 13E IT ORDAINED by the Governing. Body of the City of Salina: Section 1. That Section 14-57.8 of Chapter 14, Article III, Division 2 of the Salina Code is hereby amended as follows: "Sec. 14-57.8. Use of approved consumer fireworks. the use of approved consumer fireworks by the public Por personal use is prohibited other than from the hours of 8:00 a.m. to 11:00 p.m. on the days of July 3 and .fuly 4 of each calendar year. When using approved consumer fireworks a person shall not ignite or discharge fireworks: (a) While on public property; (b) While on private property without the express written consent of the property owner. including the property owners name, address, telephone number and signature; (c) Into, under, or from a car or vehicle, whether moving or standing still, or on a public roadway or the right-of-way adjoining a pubic roadway; (d) Within 100 feet of any hospital, sanitarium, infirmary, nursing home, or assisted living facility; (e) Within 300 feet of any consumer fireworks facility; (f) So as to throw, cast, or propel the fireworks in the direction of or into the path of ally person or group of persons, whether on foot, on a bicycle, on a motorcycle; or in a vehicle; (g) So as to impact adjoining property from either direct contact from fireworks or the residue resulting from the use of fireworks." Section 2. That existing Section 14-57.8 is hereby repealed. Section 3. This ordinance shall take effect and be in force from and after its publication in the official newspaper [SEAL] Lieu Ann Elsey, CMC, Cit Clerk Introduced: June 27. 2011 Passcd: Junc 2 11 Samantha p. Ang1, Mayor ORDINANCE NIJM13EIZ I1-10608 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE III, DIVISION 111, SECTION 8-188 ON THE SALINA CODE. BY PROVIDING FOR AN EXEMPTION FO12 UP TO 20 TECHNICAL COLLEGE STUDFNfS TO WORK UNDER THE SUPERVISION w OF THE COLLEGE INSTRUC'T'OR OR MASTER ELECTRICIAN. A a BE ITORDAINED by the Governing Body of the City of Salina, Kansas: Section I. That Section 8-188 of Chapter 8, Article 111, Division III of the Salina Code is hereby amended as follows: "Sec. 8-188. Qualifications for examination. Application for examination for skilled trade licensing shall contain an affidavit vcrifving following experience requirements: (1) Master. An applicant for the master examination must certify a minimum of four (4) years of field experience in the trade for which they seek licensure, doing the type of worl< they will be required to perform, supervise or direct, under the direct supervision of a person holding a valid journeyman or master certificate. Satisfactory completion of 240 hours of classroom training in the trade for which licensing is sought at an accredited trade school and three (3) years practical experience may be accepted in lieu of the foregoing requirements. In addition to the foregoing requirements, an applicant for the master electrical examination must provide verification of passage of the journeyman electrical examination and provide verification that at least two (2) years of the required experience was acquired after passage of such examination. (2) Journeyman. An applicant for any category of journeyman examination must certify a minimum of two (2) years of field experience in the trade or skill for which they seek licensure, doing the type of work they will be required to perform, under the direct supervision of a person holding a valid journeyman or master certificate in that trade or skill. Satisfactory completion of 240 hours of classroom training in the trade for which licensing is sought at an accredited trade school and one (1) year practical experience may be accepted in lieu of the foregoing requirements. Exemption: Students who are enrolled in a recognized technical college skilled trades program may be allowed to work on construction projects within the city limits of Salina, while under the direct supervision of an instructor from the technical college at which they are enrolled. The technical college shall hold a valid City of Salina contractor's license for the appropriate skilled trade and shall meet all requirements for contractor licensing. The instructors providing the direct supervision shall each hold a valid City of Salina master or journeyman skilled trade license. The ratio of student apprentices to master or journeyman on the job shall be no more than 20 students to every licensed master or licensed journeyman instructor." Section 2. That the existing Section 8-188 is hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: June 27, 2011 Isscd: �Jul�y 11, g2l1 Samantha 1 . Ange 1, Ylayor (SEAL) AT'I'I?ST: r lq Licu Ann Elsey, CM ty Clerk (PUBLISHLD IN THE SAUNA JOURNAL ON JULY 1!L 201 1) ORDINANCE NO. 11-10607 AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF z $6,565,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION INTERNAL w IMPROVEMENT BONDS, SERIES 2011-A, OF THE CITY OF SALINA, KANSAS; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUM. TAX FOR THE PURPOSE OF PAYING THE PRINCIPAL, OF AND INTEIt ST ON SAID BONDS AS THEY BECOME, DUI:; AUTHORIZING CERTAIN OTHER g DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH; AND MAKING CERTAIN COVENANTS WITH RESPECT THEIZETo WHEREAS, the City is a city of the first class, duly created, organized and existing under the Constitution and laws oftheState; and WIIEI1F,AS, pursuant to K.S.A. 12-6a01 ct seq., K.S.A. 12-635 ct scq.. K.S.A. 65-163u. as amended, and other provisions of the laws of the State of Kansas applicable thereto,, by proceedings duly had, the governing body of the City has authorized the following improvements (tile "improvements") to he made in the City, to -wit: - NOW' THEREFORE, BE 11' ORDAINED 13Y THE GOVERNING BODY OF T11F CITY Of. - SA LINA, FSALINA, KANSAS, AS FOIL,OWS: Section 1. Definitions of Words and 'Perms. In addition to words and terms dcl-med elsewhere herein, the following words and terms in this Ordinance shall have the meanings hereinafter set forth. Unless the contest shall otherwise indicate, words importing the singular number shall include the plural and vice versa, and words importing persons shall include firms, associations and corporations, including public bodies, as well as natural persons. "Act" means the Constitution and statutes of the State including K.S.A. 10-101 to 10-125, inclusive. K.S.A. 10-620 el seq. and K.S.A. 12-6a01 el seq., K.S.A. 12-685 el seq., K.S.A. 65-163u, Charter Ordinance No. 34 and Article 12, Section 5 of the Constitution of the State of Kansas, all as amended and supplemented from time to time. "Bond and Interest Fund" means the Bond and Interest I`und of the City for its general obligation bonds. "Bond Resolution" means the resolution to be adopted by the governing body of the City prescribing the terms and details of the Bonds and making covenants with respect thereto. i "Bonds" mcans the City's General Obligation Internal Improvement Bonds, Scrics 2011-A. in the aggregate principal amount of $6,565,000, and dated Rtly 15, 2011, authorized by this Ordinance. "City" mcans the City of Salina, Kansas. "Clerk" mcans the duly appointed and acting Clerk of the City or, in the Clerk's absence, the duh appointed Deputy Clerk or Acting Clerk. ProleclDescription Resolution No. Authority Amount Grand Prairie Addition 09-6675 K.S.A. 12-6a0I el seq. $1,396,262.40 IUIbl Addition 112 10-6723 K.S.A. 12-6a0I et seq. 977,916.69 13crgkamp Subdivision 08-6557 K.S.A. 12-6a01 el seq. 36,975.65 Salina Airport Utility/Fire 11-6823 K.S.A. 65-163u/ Charter Ordinance 34 3,765,836.49 Gast Magnolia Design 11-6812 K.S.A. 12-685 el seq. 338 008.78 Total: S6,565,000.00 and WHEREAS, the governing body of the City is authorized by law to issue general obligation bonds of the City to pay the costs of the Improvements; and WHEREAS, the governing body of the City has advertised the sale of the Bonds in accordance with the law and at a meeting held in the City on this date, awarded the sale of such Bonds to the best bidder. NOW' THEREFORE, BE 11' ORDAINED 13Y THE GOVERNING BODY OF T11F CITY Of. - SA LINA, FSALINA, KANSAS, AS FOIL,OWS: Section 1. Definitions of Words and 'Perms. In addition to words and terms dcl-med elsewhere herein, the following words and terms in this Ordinance shall have the meanings hereinafter set forth. Unless the contest shall otherwise indicate, words importing the singular number shall include the plural and vice versa, and words importing persons shall include firms, associations and corporations, including public bodies, as well as natural persons. "Act" means the Constitution and statutes of the State including K.S.A. 10-101 to 10-125, inclusive. K.S.A. 10-620 el seq. and K.S.A. 12-6a01 el seq., K.S.A. 12-685 el seq., K.S.A. 65-163u, Charter Ordinance No. 34 and Article 12, Section 5 of the Constitution of the State of Kansas, all as amended and supplemented from time to time. "Bond and Interest Fund" means the Bond and Interest I`und of the City for its general obligation bonds. "Bond Resolution" means the resolution to be adopted by the governing body of the City prescribing the terms and details of the Bonds and making covenants with respect thereto. i "Bonds" mcans the City's General Obligation Internal Improvement Bonds, Scrics 2011-A. in the aggregate principal amount of $6,565,000, and dated Rtly 15, 2011, authorized by this Ordinance. "City" mcans the City of Salina, Kansas. "Clerk" mcans the duly appointed and acting Clerk of the City or, in the Clerk's absence, the duh appointed Deputy Clerk or Acting Clerk. "Improvements" means the improvements referred to in the preamble to this Ordinance and any Substitute Iinprove ments. "Mayor" means the duly elected and acting Mayor or, in the Mayor's absence, the duly appointed and/or elected Vice Mayor or Acting Mayor of the City. w "Ordinance" means this Ordinance authgrizing the issuance of the Bonds. N "State" means the State of Kansas. g"Substitute Improvements" means the substitute or additional improvements of the City authorized in the manner set forth in the Bond Resolution. Section 2. Authorization of the Bonds. ']'here shall be issued and hereby arc authorized and directed to be issued the General Obligation Internal Improvement Bonds, Series 2011-A, of the City in the principal amount of $6,565,000, for the purpose of providing funds to: (a) pay the costs of the Improvements; (b) pay Costs of Issuance of the Bonds; and (c) retire interim financing issued to finance the Improvements. Section 3. Security for the Bonds. 'file Bonds shall be general obligations of the City payable as to both principal and interest in part from special assessments levied upon the property benefited by the construction of the Improvements and, if not so paid, from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City. "file balance of the principal and interest on the Bonds is payable from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City. 'file full faith, credit and resources of the City arc hcrcby irrevocably pledged for the prompt payment of the principal of and interest on the Bonds as the same become duo Section 4. Terms, Details and Conditions of the Bonds. 'file Bonds shall be dated and bear interest, shall mature and be payable at such times, shall be in such forms, shall be subject to redemption and payment prior to the maturity thereof, and shall be issued and delivered in the manner prescribed and suhjcct to the provisions, covenants and agreements set forth in the Bond Resolution hereafter adopted by the governing body of the City. Section 5. levy anti. Collection of Annual Tax. The governing body of the City shall annually make provision for the payment of principal of, premium, if any, and interest on the Bonds as the saint become due by levying and collecting the necessary taxes and/or assossmcnts upon all of the taxable tangible property within the City in the manner provided by law. The taxes and/or assessments above referred to shall be extended upon the tax rolls in each of' the several years, respectively, and shall be levied and collected at the same time and in the same manner as the general ad valorem taxes of the City are levied and collected, shall be used solely for the payment of the principal of and interest on the Bonds as and when the same become due and the fees and expenses of the Paying Agent. The proceeds derived from said taxes and/or assessments shall be deposited in the Bond and Interest bund. If at any time said taxes and/or assessments are not collected in time to pay the principal of' or interest on the Bonds when due, the Treasurcr is hereby authorized and directed to pay said principal or interest out of the general funds of the City and to reinnburse said general funds for money so expended when said taxes and/or assessments are collected. Section 6. Further Authority. The Mayor, Clerk and other City officials are hereby further authorized and directed to execute any and all documents and take such actions as they may decnn nccessary or advisable in order to carry out and perform the purposes of the Ordinance, and to make alterations, changes or additions in the foregoing agreements, statements, insuunnents and other docllmCotS herein ' approved, authorized and confirmed which they may approve, and the csccution or taking of such action shall be conclusive evidence of'such necessity or advisability. Section 7. Governing Law. ']'his Ordinance and the Bonds shall be governed exclusively by and construed in accordance with the applicable laws of the State. Section 8. Effective Date. This Ordinance shall take effect and be in full force from and after its passage by the governing body of the City, approval by the Mayor and publication in the official City newspaper. [ BALANCE OF THIS PAGE, IN'I'EN'I'IONALLY I,EPf BLANKI 2 ADOPTED by the governing body of the Issuer on July I I, 2011. (SEAL) -- _ z Mayor w Ames r: 9 D Clerk CERTIFICATE I hereby certify that the above and foregoing is a true and correct copy ()['the Bond Resolution of the Issuer adopted by the governing body on July 1 I, 201 1, as the same appears of record in my off ice. DATED: July H, 2011. Clerk IBAL.ANCE OF THIS PAGE INI FNI'IONALLY LETT BLANK (Published in the Salina .Journal on .Iunc20 , 2011.) ORDINANCE NUMBER 11-10606 AN ORDINANCE PROVIDING F012 TILE AMENDMI?Nr OF ORDINANCE NUMBER 8526, TIIE SAME BEING CHAPTER 42 OF T11F SALINA COD1 , AND TILE ZONING DISTRICT MAP THEREIN' AND'I'IIE'REBY ADOPTIA'D AND PROVIDING FOR THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY AND PRESCRIBING "ria-, w 13ROPER USES THEREOF. WHEREAS, all conditions precedent for the amendment of the "Zoning District Map, the o rezoning of certain property therein, hereinafter described has been timely complied with: SO NOW, THEREFOItE, 13E IT ORDAINED by the Governing Body of the City or Salina, Kansas: Section I. AMENDMENT. DISTRICT PC -3, PLANNED SHOPPING CENTER DISTRICT. That the Zoning District Map ofthe City of Salina, Kansas, duly adopted and published as a part of Ordinance Number 8526, the same being Chapter 42 of' the Salina Code, be and it is hcrcbv amended so that the following described property be rezoned as follows, to -wit: The South Forty (40) feet of Lot 171, Lot 173 and 175 on Seventh Street and Lots 174 and 176 on Santa Pc Avenue in the Original Town of Salina, Saline County, Kansas. shall become a part of DISTRICT PC -3, PLANNED SHOPPING CENTER DISTRICT. Section 2. CONDIT'ION'S OF APPROVAL. The use of said described property shall be subject to all the conditions, restrictions and limitations as made and provided for in Ordinance Number 8526, the same being Chapter 42 of the Salina Code with reference to the "C-3"; SHOPPING C1NTBR DISTRICT regulations and the following conditions: 1. Development on the site shall be subject to the bulk and use limitations of the C-3 district. 2. Signage on the site shall be limited to one (1) pole sign with reader board along the Santa Fe Avenue frontage and wall signs in accordance with the C-3 district sign regulations. 3. Development of the site shall be completed in substantial conformance with the approved site development plan, as amended, and the original landscape plan and associated sign and building elevation drawings which arc hereby incorporated by reference. Section 3. That Ordinance Number 07-10423 as it relates to the above described real estate is hereby repealed. Section 4. That this ordinance shall be in Pull force and effect from and after its adoption and publication once in the official city newspaper. Introduced:.lune Ci. 2011 Passed: .lune 13, 011 (SEAL) \�� A"I "RBST: Samantha 1'. Anbcll, Mayor Lieu Ann Blsey, CMC, City Clerk a (Published in the Salina Journal on June2-D , 2011.) ORDINANCE NUMBER 11-10606 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NUMBER 8526, THE SAME BEING CHAPTER 42 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 T11E w PROPER USES THEREOF. WHEREAS, all conditions precedent for the amendment of the Zoning District Map, the rezoning of certain property therein, hereinafter described has been timely complied with, SO NOW, 0 THEREFORE, U BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. AMENDMENT. DISTRICT PC -3, PLANNED SHOPPING CENTER DISTRICT. That the Zoning District Map of the City of Salina, Kansas, duly adopted and published as a part of Ordinance Number 8526, the same being Chapter 42 of the Salina Code, be and it is hereby amended so that the following described property be rezoned as follows, to -wit: The South Forty (40) feet of Lot 171, Lot 173 and 175 on Seventh Street and Lots 174 and 176 on Santa Fe Avenue in the Original Town of Salina, Saline County, Kansas. shall become a pari of DISTRICT PC -3, PLANNED SHOPPING CENTER DISTRICT. Section 2. CONDITIONS OF APPROVAL. The use of said described property shall be subject to all the conditions, restrictions and limitations as made and provided for in Ordinance Number 8526, the same being Chapter 42 of the Salina Code with reference to the "C-3", SHOPPING CENTER DISTRICT regulations and the following conditions: I . Development on the site shall be subject to the bulk and use limitations of the C-3 district. 2. Signage on the site shall be limited to one (1) pole sign with reader board along the Santa Fe Avenue frontage and wall signs in accordance with the C-3 district sign regulations. 3. Development of the site shall be completed in substantial conformance with the approved site development plan, as amended, and the original landscape plan and associated sign and building elevation drawings which are hereby incorporated by reference. Section 3. That Ordinance Number 07-10423 as it relates to the above described real estate is hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: June 6, 2011 NIN OFSPassed:*Anell, Ol l (SEAL) 'G ATTEST: : ogGANI i 9 101 AI, z Samanthaayor Lieu Ann Elsey, I hereby certify that the above and foregoing is a true and correct copy of Resolution No. I1-10606 that was adopted by the Governing Body of the City of Salina at their reguular meeting on June 13, 201 1. Lieu Ann Elsey, CMC, City Clerk REBECCA SEEMAN ".` °`8E.GISTER OF DEEDS SALINE COUNTY KANSAS It Book: 1230 Page: 1750 ',.°"p5'•.% Receipt 4: 71875 ,, `✓Recording Fee: Other Pages Recorded: 1 CIV wll"r ,dzla, ) Date Recorded: 6/21/2011 9:11:99 AM REGISTER OF DEEDS OFFICE SALINE COUNTY NOTICE This instrument is being returned for the following reasons: Check is incorrect Amount needed: Book/Page is incorrect _missing Incorrect date of Description is incorrect _missing Should be: -. on -L����Y-17�� C ° Type or print names under signaturep or pa ` ' $1.00 penalty (K.S.A. 28-115) V./) Instrument not dated - Notary not dated Seal omitted Notary's Signature omitted Expiration of commission omitted Acknowledgment not complete "Subscribed and sworn to" is insufficient, see sample enclosed No Assignment to Not this County Document not signed Document is not the original Need sales validation questionnaire or exemp- tion. (K.S.A. 79-1437e) Other: Kindly return as soon as corrected so that we can complete the record Thank You, REGISTER OF DEEDS 785-309-5855 www.saline.org 10. .1 I Com-- 171, , c TS C 8 (Published in The Salina Journal on Junea 201 1) ORDINANCE NUMBER 11-10605 AN ORDINANCE UNCONDITIONALLY APPROVING TIIE ISSUANCE OF GENERAL OBLIGATION BONDS BY THE SALINA AIRPORT AUTIIORITY FOR THE PURPOSE OF FINANCING TILE COST OF CER'T'AIN CAPITAL IMPROVEMEN'T'S LOCATED AT THE SALINA AIRPORT AND INDUSTRIAL CENTER. WHEREAS, on May 18, 2011, the Board of Directors of the Salina Airport Authority (the "Authority") adopted a resolution approving the issuancc of not to exceed 51,539,000, excluding costs of issuance and temporary financing costs and capitalized interest, of the Authority's gcncral obligation bonds to pay the cost of acquiring, constructing, improving, Furnishing and equipping of capital improvements located at the Salina Airport and Industrial Center, including, but not limited to, pavement rehabilitation, paying a portion of the costs of a new aircraft rescue and firefighting station, improving an existing road and relocating a waterline (collectively, the "Project"), as authorized by K.S.A. 27-315 to 27-326 inclusive, and WHEREAS, K.S.A., 27-323 provides that the Authority shall forward a copy of such resolution to the Mayor of the City, who shall present such resolution of the governing body of the City for its approval or disapproval. SO NOW THEREFORE, 13E IT ORDAINED 13Y THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS AS FOLLOWS: Section 1. 'That the resolution of the Salina Airport Authority adopted on May 18, 201 I, providing for the issuance of not to exceed $1,539,000, excluding costs of issuance and any temporary financing costs and capitalized interest, of general obligation bonds of the Authority for the purpose of paying the costs ofthe Project is hereby unconditionally approved. Section 2. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Scall ATT'ES'T': Lica Ann Elscy, CMC, Clerk Introduced: June 6, 2011 Passed: June 13, 2011 Samantha P. Ang I, Mayor (Published in the Salina Journal June 10, 2011) ORDINANCE NUMBER 11-10604 AN ORDINANCE PROVIDING FOR THE VACATION OF THE EAST ONE 11UNDRED THIRTY-EIGHT (138) FEET OF A FOURTEEN (14) FOOT EAST -WEST EASEMENT LOCATED ON LOTS 14 AND 15, BLOCK 1 OF THE HOLIDAY ADDI'T'ION w TO TME CITY OF SALINA, SALINE COUNTY, KANSAS. BE ORDAINED by the Governing Body of the City of Salina. Kansas: o Section 1, "that on May ]6; 2011, the governing body conducted a public hearing on the petition filed by George Stein, President of SCIt, Inc., ("Petitioner") requesting vacation of'the Gast One Hundred 'Thirty Eight (138) feet of a Fourteen (14) foot utility casement located on Lots 14 and 15, Block 1 of 1-Ioliday Addition. Section 2. That the governing body finds froth the evidence presented at the public hearing that: (a) Due and legal notice has been given by publication as required by law. (b) No private rights will be injured or endangered by the vacation of a portion of` the existing utility/drainage casement on the lot. (c) In justice to the Petitioner the easement vacation request should be granted. Section 3. That the above described portion of the Fourteen (14) foot utility easement located on Lots 14 and 15, Block 1 of the holiday Addition is hereby vacated and full, unrestricted use of this arca shall revert to the owner of Lots 14 and 15, Block 1 of the Holiday Addition to the City of Salina, Saline County, Kansas, provided however all of the remaining casement arca shall be retained as a public utility easement. Section 4. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: May 16. 2011 Passed: Mav 23. 2011 San ntha P. no , Mayor [SI AL] (A'l TI S (T:/� Lieu Ann Glscy, City Cle 9c� L hem 'C 11 race -1 t�° Rrm aab (. (Published in the Salina Journal June 10, 2011) I ORDINANCE NUMBER 11-10604 AN ORDINANCE PROVIDING FOR THE VACATION OF THE EAST ONE HUNDRED THIRTY-EIGHT (138) FEET OF A FOURTEEN (14) FOOT EAST-WES"I' EASEMENT LOCATED ON LOTS 14 AND 15, BLOCK 1 OF THE IIOLIDAY ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS. BE ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That on May 16, 2011, the governing body conducted a public hearing on the petition filed by George Stein, President of SCR, Inc., ("Petitioner") requesting vacation of the last One Hundred Thirty Eight (138) feet of a Fourteen (14) foot utility easement located on Lots 14 and 15, Block 1 of Holiday Addition. Section 2. That the governing body finds from the evidence presented at the public hearing that: (a) Due and legal notice has been given by publication as required by law. (b) No private rights will be injured or endangered by the vacation of a portion or the existing utility/drainage easement on the lot. (c) Injustice to the Petitioner the easement vacation request should be granted. Section 3. That.the above described portion of the Fourteen (14) foot utility casement located on Lots 14 and 15, Block 1 of the Holiday Addition is hereby vacated and full, unrestricted use of this area shall revert to the owner of Lots 14 and 15, Block 1 of the Holiday Addition to the City of Salina, Saline County, Kansas, provided however all of the remaining easement area shall be retained as a public utility easement. and [S A' That this ordinance shall be in full force and effect from and after its adoption tithe official city newspaper. G��v ur 3q/'2 ��;' GµGAN I ZEO :9 LL J1: 1870 n Op 11: � Lieu Ann Elsey, City Cle Introduced: May 16, 2011 Passed: May 23, 2011 Sa ntha P. ng ,Mayor I hereby certify that the above and foregoing is a true and correct copy of Ordinance No. I I -10604 that was adopted by the Governing Body of the City of Salina at their regular meeting on May 16, 201 1. � / OROM'�'•�s Oj i> Lieu Ann Elsey, CMC, Ci Clerk s41eJ yay REBECCA SEEMAN °.`. EGISTER OF DEEDS SALINE COUNTY KANSAS Book: 1230 Page: 1159 + Receipt u. 71715ecordin Fee: Other orded: 1 Pages Rec C `�� 4 g w1beem -ixalwnl Date Recorded: 6/19/2011 10:98:36 AM . (Published in the Salina .IournaI on May I �, 2011.) ORDINANCE NUMBER 11-10603 AN ORDINANCE PROVIDING FOR THE VACATION OFA PORTION OF THE RIGHT- OF-WAY FOR CENTENNIAL ROAD ABUTTINGTHE, IZEPLA'I' OF EDGEMI:I2E ADDI'17ON 7'O THE CITY OF SALINA, SALINE COUNTY, KANSAS. z BE 1T ORDAINED by the Governing Body of the City of Salina, Kansas: oSection 1. That on May 9, 2011, the Salina City Commission conducted a public hearing on the pfiled by Mark Miller on behalf of Advantage Trust Company ("Petitioner") rcqucstiiig vacation of petition the excess right-of-way for Centennial Road abutting Lots 52-56, Block 6 in the Replat of F.dgemere Addition in the City of Salina, Saline County, Kansas, more particularly described as follows: A parcel of land located in the Northeast Quarter of Section 22, Township 14 South, Range 3 West of the 6`h Principal Meridian in Saline County, Kansas; more particularly described as follows: Beginning at the Southwest corner of Lot 52, Block 6, Edgemere Addition to the City of Salina; — thence on an assumed bearing of N 89°38' 18" W a distance of 94.00 feet; — thence N 05'55'1 7"W a distance of 110.00 feet; — thence N 00°04'00"W a distance of 107.53; — thence N 39°033'44" L a distance of -27.00 feet; — thence N 89°29'26" E a distance of 88.00 feet to a point on the West line of -Lot 55 of said Block 6, Gdgemere Addition; — thence S 00°04'00"1-1 along the West line of Lots 52, 53, 54, and 55 of said Block 6 Ldgemcre Addition a distance of 239.13 feet to the point of beginning; Said parcel contains 24,285 square feet, more or less, and is subject to casements, reservations and restrictions of record. Section 2. That the governing body finds Iron the evidence presented at the public hearing that: (a) Due and legal notice has been given by publication as required by law. (b) That Centennial Road was relocated 140 -feet to the west in 1995 creating excess right- of-way cast of the relocated roadway. (c) No private rights will be injured or endangered by vacation of the right-of-way. (d) In justice to the Petitioner vacation of the right -of way should be granted. 3• SectionA. That the right-of-way is hereby vacated and ownership shall revert to the original owner of the property, the Perry Residual "Dust, upon recordation of this ordinance. Section 4. That this ordinance shall be in lull force and effect from and after its adoption and publication once in the official city newspaper. Introduced: M*61.. Passe Samanth P. [SEAL] ATTI-ST: Lieu Ann Hlscy, CMC, City (Published in the Salina Journal on May gyp, 201 l.) ORDINANCE NUM13EIZ 11-10602 AN ORDINANCE AMENDING THE SALINA CODE 13Y ADDING SECTION 8- 12.0.5 AMENDING SECTION 202 OF THE INTERNATIONAL BUILDING CODE AND SECTION 8-12.1.1 AMENDING SECTION 312.1 OF THE INERNATIONAL BUILDING CODE AND AMENDING SALINA CODE SECTION 14-46 AMENDING SECTION 202 OF THE INTERNATIONAL FIRE CODE ALL PERTAINING TO NON-CLIMATIZEID STORAGE. 0 13E 1T ORDAINED by the Governing Body of' the City of Salina, Kansas: U Section 1. That Section 8-12.0.5 is hereby added to Chapter 8, Article I, Division 1 of the Salina Code as follows: "Sce. 8-12.0.5. Amendment to Section 202 of the International Building Code. /Section 202 is hereby amended by adding the following clefinilion,J Non-climntized Storage: A structure where the storage of vehicles, goods and personal belongings which only necessitates the presence of persons on the premises exclusively for the purpose of loading and off-loading of goods and materials on an intermittent basis.' Section 2. That Section 8-12.1.1 is hereby added to Chapter 8, Article t, Division 1 of the Salina Code as follows: "Sec. 8-12.1.1. Amendment to Section 312.1 of the International Building Code. 1Seclion 312.1 is hereby amended by adding the following classifications tinder Utility and Miscellaneous Group U, General] Non-climatizcd Storage" Section 3. That Section 14-46 of Chapter 14, Article 111, Division 1 of the Salina Code is hereby amended as follows: 1Section 202 is hereby amended by the rewording of the following deftniiions and oll other existing definitions remain unchanged:/ 202 Definitions: Fire Code Official. It is the Fire Chief, Fire Marshal or other designated authority charged with the duties of administration and enforcement of the code, or a duly authorized representative. Fire Watch. A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified individuals or standby personnel when required by the code official, for the purposes of identif'ving and controlling fire hazards, detecting early signs of unwanted tire, raising an alarm of fire and notifying the fire department. (Section 202 is hereby amended by the addition of the following definitions 1 Addressable Fire Detection System. Any system capable of providing identification of each individual alarm -initiating device. The identification shall be in plain f English and as descriptive as possible to specifically identify the location of the device in alarm. 'I'lie system shall have the capability of alarm verification. Analog Intelligent Addressable Fire Detection System. Any system capable of calculating a change in value by directly measurable quantities (voltage, resistance, etc.) at the sensing point. The physical analog may be conducted at the sensing point or at the main control panel. The system shall be capable of compensating for long-term changes in sensor response while maintaining a constant sensitivity. The compensation shall have a preset point at which a detector maintenance signal shall be transmitted to the control panel. The sensor shall remain capable of detecting and transmitting an alarm while in maintenance alert. Department of Fire Prevention. It is the Office of' tile City Fire Marshal. Fire Department. It is the City of Salina Fire Department. High-rise Building. A building having any floors used for human occupancy located more than 75 feet (21860 nun) above the lowest level of fire department vehicle access. Non-climatized Storage. A structure where the storage of vehicles, goods and personal „ belongings which only necessitates the presence of persons on the premises exclusively for z the purpose of loading and off-loading of goods and materials on an intermittent basis. a ' Prima Facie Evidence. I.vidence that is sufficient to establish a fact, and if not rebutted, becomes conclusive of that fact. Self-service Storage Facility. Real property designed and used for the purpose of renting or g leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis. Standby Personnel. Qualified fire service personnel, approved by the Fire Chief. When utilized, the number required shall be as directed by the Fire Chief. Charges for utilization shall be calculated at 1.5 times the hourly wage rate for each individual so assigned. /Section 202 is hereby amended by the addition of the follon,ing under Miscellanewo Group U, General:] Non-climatized Storage." Section 3. That this ordinance shall be in frill force and effect from and after its adoption and publication oncein the official city newspaper. Introduced: April 25, 2011 � 2011 (S.'.A L)ATTI::S"I`. 4PassedMay . A gcll, Mayor c Lieu Ann Plsey, CMC, City Clerk (Published in the Salina .Journal on May(Q, 2011.) ORDINANCE, NUMBER 11-10601 AN ORDINANCE PROVIDING FOR AN AMENDMENT OF AR'T'ICLE XIV IN CHAPTER 42 OF THE SALINA CODE TO ADD SECTION 42-682.1 DEFINING N DETACHED PRIVATE ACCESSORY GARAGE, SECTION 42-682.2 DEFINING w DETACHED PRIVATE NON -ACCESSORY GARAGE, SECTION 42-722.2 DEFINING NON-CLIMA'fl%ED STORAGE, SECTION 42-782.2 DEFINING ACCESSORY STORAGE STRUCTURE AND SECTION 42-782.3 DEFINING NON -ACCESSORY STORAGE ' o STRUCTURE. U 13E IT ORDAINED by the Governing Body of Salina, Kansas: Section 1. That Article XIV of Chapter 42 of the Salina Code is hereby amended to add the following definitions: "Sec. 42-682.1. Garage, detached private accessory. "Detached private accessory garage" is a building designed or used primarily for shelter or storage of vehicles or boats, located on the same zoning lot as a single-family or duplex residence. This definition shall also include carports used primarily for the storage of vehicles or boats. The term garage shall not include agricultural buildings. Sec. 42-682.2. Garage, detached private non -accessory. Detached private non -accessory garage' is a stand-alone building designed or used primarily for the shelter or storage of vehicles or boats, that is not accessory to a single-family or duplex residence on the same zoning lot. Where any vehicles or boats are serviced, repaired or offered for sale, the term "private garage" shall not apply. This term shall not include agricultural buildings. Sec. 42-722.2. Non-climatized Storage. Non-climatized storage' use is the storage of vehicles, goods and personal belongings which only necessitate the presence of persons on the premises to load and off-load goods and, materials on an intermittent basis and oilier uses limited to the personal or business activities of the tenant or owner. A building or space that is identified as a non-climatized storage use cannot be used as a location to operate a business that would have employees working at the location, and / or that would offer a service that would require the public to come to the location, and / or that would offer goods for sale to the public from the location, or any other business activity that would require human occupancy ofthc building. Sec. 42-782.2. Storage structure, accessory. "Accessory storage structure" is a structure accessory to a single-family or duplex residence located on the same zoning lot, not designed for human habitation and used for storage of personal belongings. The term garage shall not include agricultural buildings. Sec. 42-782.3. Storage structure, non -accessory. "Non -accessory storage structure" is a structure, not accessory to It single-family or duplex residence located on the same zoning lot, not designed for human habitation, and used for the storage of the personal belongings of the owner and not for the storage of equipment, vehicles, materials, supplies, or products used in a commercial enterprise or business. This term shall not include agricultural buildings." Section 2. That Sections 42-682.1, 42-682.2, 42-722.2, 42-782.2, and 42-782.3 are hereby added to Chapter 42 of the Salina Code. Section 3. That this ordinance shall be in full force and effect Prom and after its adoption and publication once in the official city newspaper. Introduced: April 25, 2011 Passed: Ma . 201 1 Samara ha P. rgell [S13A1,� Licu Ann Llscy, CMC, Wty Clerk (Published in the Salina Journal on April QGi, 2011.) Description ofPropertV ORDINANCE NO. 11-10600 Amount of Assessment AN ORDINANCE AMENDING RESOLUTION NO. 10-6723; LEVYING SPECIAL Kansas: ASSESSMENTS ON CERTAIN PROPERTY TO PAY THE COST'S OF INTERNAL „ IMPROVEMENT'S IN THE CITY OF SALINA, KANSAS, AS HERETOFORE AIJ'I'IiORI"/.1?D $94,787.82 13Y RESOLUTION NO. 10-6703 OF THE CITY; AND PROVIDING FOR THE COLLI?CTION w A OF SUCH SPECIAL ASSESSMENT'S. Lux 3. Block 1 in the Riffel Addition No. WHEREAS, the governing body of the City of Salina, Kansas (the "City') pursuant to Resolution 97.358.43 No. 10-6723, has heretofore authorized certain internal improvements (the "Improvements") to be a constructed pursuant to K.S.A. 12-6a01 el seq. (the "Act"); and I,ot 2, Block 2 in the Riffel Addition No. WHEREAS, the governing body has heretofore received waivers (the "Waivers") of public hearing 422,966.33 and right to protest the levy of special assessment from the owners of 100% of the property liable for 2 assessment for the cost of the Improvements: and lalal = WHEREAS, the governing body desires to levy assessments on certain property benefited by the $977,916.69 construction of the Improvements. NOW, TIIEREFORE, 131,', IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. Levy of Assessments. For the purpose of paying the costs of the following described Improvements: The installation of curb & gutter, pavement, grading and drainage for approximately 1,609 lineal feet of Todd Circle and the associated accel-decel lanes and median crossover improvements for approximately 850 lineal feet of 9th Strect, (the "Street Improvements"). The installation of approximately 122 lineal feet of six-inch water main, 2,229 lineal feet of eight -inch water main, fire hydrants, valves, fittings, service connections and all appurtenances thereto for water lines within right ofway and/or utility casement (the "Water System Improvements'). The installation of approximately 845 lineal feet of eight -inch sanitary sewer main, service connections, manholes and all appurtenances thereto for sanitary sewer lines lying within right of way and/or utility casement, (the "Sanitary Sewer Improvements'). The installation of approximately 2,017 lineal feet of storm sewer, inlets, and all appurtenances thereto for storm sewer lines lying within right' of way and/or drainage casement, (the "Drainage Improvements"). there are hereby levied and assessed the amounts (with such clerical or administrative amendments thereto as may be approved by the City Attorney) against the following property: Description ofPropertV Amount of Assessment All in the City of Salina, Saline County, Kansas: Lot I, Block 1 in the Riffel Addition No. 2 $94,787.82 Lot 2, Block I in the Riffel Addition No. 2 94,995.86 Lux 3. Block 1 in the Riffel Addition No. 2 97.358.43 Lot I. Block 2 in the Riffel Addition No. 2 140,677.22 I,ot 2, Block 2 in the Riffel Addition No. 2 422,966.33 Lot 3. Block 2 in the Riffcl Addition No. 2 127.131.03 lalal = $977,916.69 Section 2. Payment of Assessments. The amounts so levied and assessed in Section 1 of this Ordinance shall be due and payable from and after the date of publication of this Ordinance. Section 3. Notification. The City Clerk shall notify the owners of the properties described in Exhihil it attached hereto insofar as known to said City Clerk, of the amounts of their respective assessments. Section 4. Certification. The special assessments shall be certified by the City Clerk to the County Clerk in the same manner and at the same time as other taxes are certified and will be collected in fifteen (15) annual installments, together with interest on such amounts at a rate not exceeding the maximum rate therefore as prescribed by the Act. Interest on the assessed amount remaining unpaid between the eflcctive date of this Ordinance and the date the first installment is payable, but not less than the amount of interest due during the coming year on any outstanding bonds issued to finance the Improvements. shall be added to the first installment. The interest for one year on all unpaid installments shall be added to each subsequent installment until paid. Section 5. Amendment of Resolution No. 10-6723. Section 1(b) of Resolution No. 10-6721 is hereby amended as follows: (b) The estimated cost of the Improvements is: d Nine hundred seventy-seven thousand nine hundred sixteen dollars and sixty-nine cents ($977,916.69). a g Section 6. Reimbursement. The City expects to make certain capital expenditures from and after the date of this Resolution in connection with the Improvements described herein, and intends to reimburse itself for such expenditures with the proceeds of one or more series of general obligation bonds and temporary notes of the City in the maxinuun principal amount of $977,916.69. Section 7. Recording. The City Clerk shall file a certified copy of this Ordinance with the Register of Dccds of Saline County, Kansas. Section 8. Effective Date. This Ordinance shall take effect and be in force from and after its passage, approval and publication once in the official City newspaper. (SfiAL) ATTI-ST: Lieu Ann L'Iscy, CMC, City C#1 rk C Introduced: April 18, 2011 Passed: Ap ' 25, 2011 Samantha l . At bell, Mayor Grantor Grantee Type of Document Recording Fees Mtg Reg Tax Total Amount REBECCA SEEMAN '"`"" °`,�gGISTER OF DEEDS SALINE COUNTY KANSAS Book: 1228 Page: 1909 ' Receipt ": 70925 Recording Fee: Other �`+++v,,'9'' Pages Recorded: 3 N N A i�iLrcm.c$kam+nnJ Date Recorded: 5/5/2011 12:05:32 PM Certified Copy Of Ordinance $0.00 $0.00 gM Return Address ROOM 206 TRACEY (Published in the Salina Journal on April �M, 2011.) i2za 905 ORDINANCE NO. 11-10600 AN ORDINANCE AMENDING RESOLUTION NO. 10-6723; LEVYING SPECIAL, ASSESSMENTS ON CERTAIN PROPERTY TO PAY THE COSTS OF INTERNAL IMPROVEMENTS IN THE CITY OFSALINA, KANSAS, AS HERETOFORE AUTHORIZED BY RESOLUTION NO. 10-6703 OF THE CITY; AND PROVIDING FOR THE COLLECTION w OF SUCH SPECIAL ASSESSMENTS. WHEREAS, the governing body of the City of Salina, Kansas (the "City") pursuant to Resolution — a No. 10-6723, has heretofore authorized certain internal improvements (the "Improvements") to be constructed pursuant to K.S.A. 12-6a01 et seq. (the "Act'); and U WHEREAS, the governing body has heretofore received waivers (the "Waivers") of public hearing and right to protest the levy of special assessment from the owners of 100% of the property liable for assessment for the cost of the Improvements; and WHEREAS, the governing body desires to levy assessments on certain property benefited by the construction of the Improvements. NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. Levy of Assessments. For the purpose of paying the costs of the following described Improvements: The installation of curb & gutter, pavement, grading and drainage for approximately 1,609 lineal feet of Todd Circle and the associated accel-decel lanes and median crossover improvements for approximately 850 lineal feet of 9th Street, (the "Street Improve inents"). The installation of approximately 122 lineal feet of six-inch water main, 2,229 lineal feet of eight -inch water main, fire hydrants, valves, fittings, service connections and all appurtenances thereto for water lines within right of way and/or utility easement (the "Water System Improvements"). The installation of approximately 845 lineal feet of eight -inch sanitary sewer main, service connections, manholes and all appurtenances thereto for sanitary sewer lines lying within right of way and/or utility easement, (the "Sanitary Sewer Improvements"). _- The installation of approximately 2,017 lineal feet of storm sewer, inlets, and all appurtenances thereto for storm sewer lines lying within right of way and/or drainage easement, (the "Drainage Improvements"). there are hereby levied and assessed the amounts (with such clerical or administrative amendments thereto as may be approved by the City Attorney) against the following property: Description of Property Amount of Assessment All in the City of Salina, Saline County, Kansas: ',ot 1, Block 1 in the Riffel Addition No. 2 $945787.82 "Lot 2, Block 1 in the Riffel Addition No. 2 94,995.86 "Lot 3, Block 1 in the Riffel Addition No. 2 97,358.43 'Lot I, Block 2 in the Riffel Addition No. 2 140,677.22 `jot 2, Block 2 in the Riffel Addition No. 2 422,96633 "Lot 3, Block 2 in the Riffel Addition No. 2 127,131.03 Total = $977,916.69 Section 2. Payment of Assessments. The amounts so levied and assessed in Section I of this Ordinance shall be due and payable from and after the date of publication of this Ordinance. Section 3. Notification. The City Clerk shall notify the owners of the properties described in Exhibit A attached hereto insofar as known to said City Clerk, of the amounts of their respective assessments. Section 4. Certification. The special assessments shall be certified by the City Clerk to the County Clerk in the same manner and at the same time as other taxes are certified and will be collected in fifteen (15) annual installments, together with interest on such amounts at a rate not exceeding the maximum rate therefore as prescribed by the Act. Interest on the assessed amount remaining unpaid between the effective date of this Ordinance and the date the first installment is payable, but not less than the amount of interest due during the coming year on any outstanding, bonds issued to finance the Improvements, shall be added to the first installment. The interest for one year on all unpaid installments shall be added to each subsequent installment until paid. Book.1220 Page: 170'6 Section 5. Amendment of Resolution No. 10-6723. Section I(b) of Resolution No. 10-6723 is hereby amended as follows: (b) The estimated cost of the Improvements is: a Nine hundred seventy-seven thousand nine hundred sixteen dollars and sixty-nine cents ($977,916.69). Section 6. Reimbursement. The City expects to make certain capital expenditures from and after the date of this Resolution in connection with the Improvements described herein, and intends to reimburse itself for such expenditures with the proceeds of one or more series of general obligation bonds and temporary notes of the City in the maximum principal amount of $977,916.69. Section 7. Recording. The City Clerk shall file a certified copy of this Ordinance with the Register of Deeds of Saline County, Kansas. Section 8. Effective Date. This Ordinance shall take effect and be in force from and after its sage,ji_d publication once in the official City newspaper. 6v( OFS)C' Introduced: April 18, 2011 oRCANIZtPassed: Ap ' 25, 2011 y, c 1870 •. Samantha . A ell, Mayor Lieu Ann Elsey, CMC, City C#rk hereby certify that the above and foregoing is a true — and correct copy of Ordinance No. I I -10600 that wa adopted by the Governing Body of the City of Salina at, their(reegular meeting on April 25, 201 1. op0.GM112� t� Lieu Ann Elsey, CMC, City Clerk 6� •. 1870 !ate � u w Rce,n 2Glo 2 Tacej (published in the Salma.lournal on May A_4 , 2011.) ORDINANCE NUMBER 11-10599 i AN ORDINANCE LEVYING SPECIAL ASSESSMENTS ON LOTS, PIECES AND PARCELS OF GROUND IN THE CITY OF SALINA, KANSAS FOR THE PURPOSE, OF PAYING A PORTION OF THE COST OF CER'T'AIN IMPROVEMENTS INT1111, CITY. a WHERE AS, the Governing -Body of the City of Salina, Kansas (the "City") has authorised the Following improvements (collectively, the "Improvcmcnis'7) in the City to be constructed a pursuant to K.S.A. 12-6a01 and K.S.A. 12-6a19 et seri.: PROJECT NO. 08-2729 GRAND PRAIRIE ADDITION, PHASE 1 STREET, DRAINAGE AND UTILITY IMPROVEMENTS I'he curb, guttering, paving, grading and drainage for approximately 901 lineal feet of Bentgras, Drive, (the Bentgrass Drive Street Improvements); 1,128 lineal feet of larkspur Lane_ (the Larkspu Lane Street Improvements); and 225 lineal feet of Cobiren Circle, (the Cobiren Circle Strec Improvements) and collectively the "Street lmprovcments". The installation of approximately 1,386 lineal feet of six-inch water main, 923 lineal lcct of eight inch water main, fire hydrants, valves, fittings, service connections for water lines and al appurtenances thereto (the Phase I Water System Improvements); 42 lineal feet of six-inch Ovate main, 2,851 lineal feet of eight -inch water main fire hydrants, valves, fittings, service connection, for water lines and all appurtenances thereto (the Fight -inch Loop Water System Improvements) ant collectively the "Water System Improvements". The installation of eight -inch sanitary sewer main, service connections lar sewer lines lying withn right of way and/or utility easement, manholes and all appurtenances thereto as described: Lateral / approximately 1,186 lineal feet (the Latcral A Sanitary Sewer Improvements); Lateral A approximately 690 lineal feet (the Lateral A' Sanitary Sewer Improvements) Lateral 13 approximatel, 1,357 lineal feet (the Lateral B Sanitary Sewer Improvements) Lateral C approximately 973 lineal fee (the Lateral C Sanitary Sewer improvements) Lateral D approximately 809 lineal feet (the Lateral I Sanitary Sewer Improvements) and collectively the Sanitary Sewer Improvements. The installation of stormwater detention and all appurtenances thereto (the "Stomtwater Detention fond"). The installation of approximately 2,466 lineal feet of storm sewer, inlets, and all thereto (the "Drainage Improvements"). PROJECT NO. 08-271512E PLAT OF THE, I11:RGKAMP SUBDIVISION STREET AND SIDEWALK IMPROVEMENTS fhe curb, gutter, pavement and grading for approximately 430 lineal feel of Finulsion Drive; and The installation of approximately 1,138 square feet of sidewalk and all appurtenances thereto. WHEREAS, the total costs of such improvements have been determined; the Governing Body has caused the assessments against each lot, piece or parcel of land deemed to be benefited by such improvements, to be determined in the manner set forth in the resolutions as to advisability of the improvements provided for pursuant to K.S.A. 12-604; and an assessment roll has been prepared; and WIiEREAS, such assessment roll was filed with the City Clerk and has been open to public inspection; and , WHEREAS, the City Clerk, at the direction of the Governing Body, caused notice of the hearing on the special assessments to be published not less than 10 days prior to such hearing, and notice to be mailed to the property owners to be assessed, in accordance with K.S.A. 12-6x09; and WHEREAS, the Governing Body held a public hearing to consider each of the proposed assessments. BE IT ORDAINED by the Governing Body of the city of Salina, Kansas: Section 1. Special Assessments to pay the cost of the following projects arc hereby levied against several lots, pieces and parcels of land liable for special assessments for said Iinprove men ts, as follows: 2 N PROJECT NO. 08-2715 w GRAND PRAIRIE ADDITION, PHASE I STREET, DRAINAGE AND UTILITY IMPROVEMENTS VN b a Block 1, Grand Prairie Addition ' = 8 31095 Lot 1.......................................................................................................................$31;186.46 31094 Lot 2......................................................................................................................... 31,186.46 31093 Lot ............................................................................................I............................31;186.46 31092 Lot .............................................. .............................. ...................... ....................... 31,186.46 31091 Lot 5 ................................................. ........................................................................ 31,186.46 31090 Lot 6 ..... ....................................................................................... ........ ..... ................. 1,186.46 31089 Lot 7.........................................................................................................................31;186.46 31088 Lot 8.........................................................................................................................31,186.46 31087 Lot 9.........................................................................................................................31.186.46 31086 Lot 10.......................................................................................................................31;186.46 31085 Lot 1 I .................................... ................................................................................... 31,186.46 31084 Lot12...................................................... ................................................................. 31,186.46 31083 Lot 13.......................................................................................................................31,186.46 31082 Lot 14.......................................................................................................................31.186.46 31081 Lot 15.......................................................................................................................31,186.46 31080 Lot 16.......................................................................................................................31,186.=1(i 31079 Lot 17...............................................:.......................................................................31,186.46 31078 Lot 18.......................................................................................................................31186.46 31077 Lot 19.......................................................................................................................31186.46 31076 Lot 20.......................................................................................................................31,186.46 31075 Lot 21....................................................................................................................... 31.186.46 31074 Lot 22 .......................................................................................................................31,186.46 ' 31073 Lot 23.......................................................................................................................31;186.46 31072 Lot 24 .......................................................................................................................31,186.46 31071 Lot 25.......................................................................................................................31186.46 31070 Lot 26.................................._...................................................................................31,186.46 31069 Lot 27....................................................................................................................... 31,186.46 31068 Lot 28.......................................................................................................................31;186.46 31067 Lot 29....................................................................................................................... 31,186.46 31066 l,ot 30.......................................................................................................................31186.46 Block 2, Grand Prairie Addition 31022 Lot 1..................................................,......................................................................31,186.46 31024 Lot 3......................................................................................................................... 31,186.46 31025 Lot .........................................................................................................................31,186.46 31026 Lot 5.........................................................................................................................31,186.46 31028 Lot 7.........................................................................................................................11,063.77 31029 Lot 8.........................................................................................................................11;063.77 31030 Lot 9......................................................................................................................... l 1,063.77 31031 Lot 10.......................................................................................................................11;063.77 31032 Lot 11.......................................................................................................................11;063.77 31033 Lot12.......................................................................................................................11;063.77 31034 Lot13.......................................................................................................................11;063.77 31035 Lot 14. ......................................................................................................................11.063.77 31036 Lot 15.......................................................................................................................11.063.77 31037 Lot 16.......................................................................................................................11.063.77 31038 Lot 17.......................................................................................................................11.00 3.77 31039 Lot 18.......................................................................................................................11.063.77 31040 Lot 19.......................................................................................................................11;063.77 31041 Lot 20.......................................................................................................................1 1.063.77 31042 Lot 21.......................................................................................................................1 1.06 3.77 31043 Lot 22.......................................................................................................................11;063.77 31044 Lot 23...................................................................I...................................................11.06 3.77 2 Unplatted Tract 20372 A tract of land situated in the Northeast Quarter of the Northwest Quarter (NE/4, NW/4) of Section One (1), Township Fifteen (15) South, Range 'Lhree (3) West of the Sixth (6th) Principal Meridian, in Saline County, Kansas, which is more particularly described as follows: Commencing at a point on the North line of said Section One (1), which point being one thousand eight hundred thirty-two and sixty-seven hundredths (1,832.67) feet North 89 degrees 44 minutes 29 seconds East of the Northwest corner of said Section One (1); thence continuing North 89 degrees 44 minutes 29 seconds East along the North line of' said Section One (1) a distance of three hundred twenty-nine and eighty-eight hundredths (329.88') Peet; thence South 00 degrees 20 minutes 37 seconds Gast a distance of four hundred (400') Peet; thence South 89 degrees 44 minutes 29 seconds West a distance of' three hundred twenty-nine and eighty-eight hundredths (329.88') feet; thence North 00 degrees 20 minutes 37 seconds West a distance of four hundred (400') feet to the point of beginning, Except the North sixty (N60') thereof as conveyed to county for use as public street. Together with all appurtenances and rights of' grantors in and to the real estate, including all right, title, and interest of grantors in the land underlying any dedicated roadway casements or right-of'way................................................................. 20.962.00 TOTAL COST TO IMPROVEMENT DISTRICT.....................................S 165,653.53 TOTAL COST TO CITY AT-LARGE......................................................................O.00 TOTAL PROJECT COST'.............................................................................5165,653.53 Section 2. The special assessments provided for in Section 1 of this Ordinance shall be certified by the City Clerk to the County Clerk in the same manner and at the same time as other taxes are 31045 Lot 24 .... ................................................................................................................... 1 1.063.77 31046 Lot 25....................................................................................................................... 1 1.063.77 31047 Lot 26..:.................................................................................................................... 11.063.77 31048 Lot 27............................:............................................................I.............................11,063.77 31049 Lot 28.......................................................................................................................1 1.063.77 a31050 Lot 29.......................................................................................................................1 1.063.77 31051 Lot 30.......................................................................................................................11,063.77 a31052 Lot 31...................................................................................................................... 1 1.063.77 a 31053 Lot 32.......................................................................................................................1 1.063.77 ' 31054 Lot 33.......................................................................................................................1 1.063.77 31055 Lot 34.......................................................................................................................1 1.063.77 31056 Lot 35.......................................................................................................................11,063.77 31057 Lot 36.......................................................................................................................1 1,063.77 31060 Lot 39.......................................................................................................................11,063.77 31061 Lot 40 ....................................... ................................................................................ II,063.77 31062 Lot 41....................................................................................................................... l 1.063.77 31063 Lot 42 ...................................................................................................................... 11,063.77 31064 Lot 43....................................................................................................................... 1 1.(16 3.77 31059 Lot 38...................................................................................................................... 1 1,063.77 'TOTAL COST TO THE IMPROVEMENT DISTRICT............................51,458,635.36 TOTAL COST" 1'O CITY AT-LARGE.........................................................................0.(10 TOTAL PROJECT COSI .............................................................................. 51,458,635.36 PROJECT NO. 08-2715 REPLAT OF T'1IEBERGKAMP SUBDIVISION STREET AND SIDEWALK IMPROVEMEN'T'S Block 1, Replat of Bergkainp Sudivision 30844 Lot 1.........................................................................................................................15.235.05 20371 Lot 2.........................................................................................................................86.975.65 30843 Lot 3.........................................................................................................................18,624.60 ' 28334 Lot 4.............................................................................................................:...........14.667.53 28334 Lot 5...........................................................................................................................9,188.70 Unplatted Tract 20372 A tract of land situated in the Northeast Quarter of the Northwest Quarter (NE/4, NW/4) of Section One (1), Township Fifteen (15) South, Range 'Lhree (3) West of the Sixth (6th) Principal Meridian, in Saline County, Kansas, which is more particularly described as follows: Commencing at a point on the North line of said Section One (1), which point being one thousand eight hundred thirty-two and sixty-seven hundredths (1,832.67) feet North 89 degrees 44 minutes 29 seconds East of the Northwest corner of said Section One (1); thence continuing North 89 degrees 44 minutes 29 seconds East along the North line of' said Section One (1) a distance of three hundred twenty-nine and eighty-eight hundredths (329.88') Peet; thence South 00 degrees 20 minutes 37 seconds Gast a distance of four hundred (400') Peet; thence South 89 degrees 44 minutes 29 seconds West a distance of' three hundred twenty-nine and eighty-eight hundredths (329.88') feet; thence North 00 degrees 20 minutes 37 seconds West a distance of four hundred (400') feet to the point of beginning, Except the North sixty (N60') thereof as conveyed to county for use as public street. Together with all appurtenances and rights of' grantors in and to the real estate, including all right, title, and interest of grantors in the land underlying any dedicated roadway casements or right-of'way................................................................. 20.962.00 TOTAL COST TO IMPROVEMENT DISTRICT.....................................S 165,653.53 TOTAL COST TO CITY AT-LARGE......................................................................O.00 TOTAL PROJECT COST'.............................................................................5165,653.53 Section 2. The special assessments provided for in Section 1 of this Ordinance shall be certified by the City Clerk to the County Clerk in the same manner and at the same time as other taxes are y i9 U certified. The assessments and will be collected in fifteen (15) equal annual installments, together with interest on such amounts at a rate not exceeding the maximum rate therefore as prescribed by the Act. The first installment shall become due with the first payment of general property taxes for the year 2011. Interest on the assessed amount remaining unpaid between the clTective date of this Ordinance and the date the first installment is payable, but not less than the amount of interest due during the coming year on any outstanding bonds issued to finance the huprovements, shall be added to the first installment. The interest for one year on all unpaid installments shall be added to each subsequent installment until paid. Section 3. The owner of any piece or parcel of property liable for any such assessments may redeem his property, in whole or in part, from such liability by paying to the City Treastner the entire amount, or a portion thereof, chargeable against said property, at any time on or before .lune 13, 2011, and to the extent of any such payment, the property so paid on shall not thereafter be liable for any further assessments for the cost of said improvements, nor for any interest due thereon. Section 4. This Ordinance shall take effect from and after its passage and publication in the official City newspaper. I.SEAL.I ATTEST- 04-4-� Licu Ann Elscy, CMC, City Clerk 4' Introduced: April 18, 2011 Passed: May 9, 20 Z�P Samantha P. Ang -II, Mayor Grantor Grantee Type of Document Certified Copy Of Ordinance Recording Fees Mtg Reg Tax $0.00 Total Amount $0.00 Return Address ROOM 206 TRACEY REBECCA SEEMAN OF DEEDS SALINE COUNTY KANSAS Book: 1229 Page: 929 °F'0'�!•� Receipt °• 7115D Recording Fee: Other ^,*„+••�•.�,`�' Pages Recorded: 5 C,0,Qi[�um �/lGm+anl Oat Recorded: 5/17/2011 8:95:53 AM (rubnsneo to the 5atma Journal on May _Lt, zu 11.) ` Rnnl+■ 1229 Danea 930 ORDINANCE NUMBER 11-10599 AN ORDINANCE LEVYING SPECIAL ASSESSMENTS ON LOTS, PIECES AND PARCELS OF GROUND IN THE CITY :OF SALINA, KANSAS FOR THE PURPOSE, OF PAYING A. PORTION OF THE COST OF CERTAIN IMPROVEMENTS IN THE CITY. a 2 WHEREAS, the Governing Body of the City of Salina, Kansas (the "City") has authorized the following improvements (collectively, the "Improvements") in the City to be constructed pursuant to K.S.A. 12-6a01 and K.S.A. 12-6al9 et seq.: PROJECT NO. 08-2729 GRAND PRAIRIE ADDITION, PHASE I STREET, DRAINAGE AND UTILITY IMPROVEMENTS The curb, guttering, paving, grading and drainage for approximately 901 lineal feet of Bentg Drive, (the Bentgrass Drive Street Improvements); 1,128 lineal feet of Larkspur Lane, (the Lark: Lane Street Improvements); and 225 lineal feet, of. Cobiren Circle,. (the Cobiren Circle S1 Improvements) and collectively the "Street Improvements". The installation of approximately 1,386 lineal feet of six-inch water main, 923 lineal feet of ei inch water main, fire hydrants, valves; fittings, service connections for water lines and appurtenances thereto (the Phase 1 Water System Improvements); 42 lineal feet of six-inch w main, 2,851 lineal feet of eight -inch water.main fire hydrants, valves, fittings, service connect for water lines and all appurtenances thereto (the Eight -inch Loop Water System Improvements) collectively the "Water System Improvements". The installation of eight -inch sanitary sewer main, service connections for sewer lines lying withii right of way and/or utility easement, manholes and all appurtenances thereto as described: Lateral / approximately 1,186 lineal feet (the Lateral A Sanitary Sewer Improvements); Lateral A approximately 690 lineal feet (the Lateral A' Sanitary Sewer Improvements) Lateral B approximatel; 1,357 lineal feet (the Lateral B Sanitary Sewer Improvements) Lateral C approximately 973 lineal fec (the Lateral C Sanitary Sewer Improvements) Lateral D approximately 809 lineal feet (the Lateral L Sanitary Sewer Improvements) and collectively the Sanitary Sewer Improvements: The installation of stormwater detention and all appurtenances thereto (the "Stormwater Detention Pond") The installation of approximately 2,466 lineal feet of storm sewer, inlets, and all thereto (the "Drainage Improvements"). PROJECT NO. 08-2715 REPLAT OF THE BERGKAMP SUBDIVISION STREET AND SIDEWALK IMPROVEMENTS The curb, gutter, pavement and grading for approximately 430 lineal feet of Emulsion Drive; and The installation of approximately 1,138 square feet of sidewalk and all appurtenances thereto. WIIEREAS, the total costs of such improvements have been determined; the Governing' Body has caused the assessments against each lot, piece or parcel of land deemed to be benefited by such improvements, to be determined in the manner set forth in the resolutions as to advisability of the improvements provided for pursuant to K.S.A. 12-604; and an assessment roll has been prepared; and WHEREAS, such assessment roll was filed with the City Clerk and has been open to public inspection; and WHEREAS, the City Clerk, at the.. direction of the Governing Body, caused notice of the hearing on the special assessments to be published not less than 10 days prior to such hearing, and notice to be mailed to the property owners to be assessed, in accordance with K.S.A. 12-609; and WHEREAS, the Governing Body held a public hearing to consider each of the proposed assessments. BE IT ORDAINED by the Governing Body of the city of Salina, Kansas: Book: 1227 Page: 7+71 Section 1. Special Assessments to pay the cost of the following projects are hereby levied against several lots, pieces and parcels of land liable for special assessments for said Improvements, as follows: 2 PROJECT NO. 08-2715 w GRAND PRAIRIE ADDITION, PHASE I STREET, DRAINAGE AND UTILITY IMPROVEMENTS N a Block 1, Grand Prairie Addition o'31095 Lot 1................................................................................................I......................531,186.46 U°31094 Lot 2..........................................................................................................................i 1,186.46 1093 Lot 3 .............................. ............................................................................................ 31,186.46 1092 Lot 4.........................................................................................................................31,186.46 '1091 Lot .........................................................................................................................31,186.46 31090 Lot 6.........................................................................................................................31,186.46 " 1089 Lot 7.................................................................................................................:.......31,186.46 '31088 Lot 8.........................................................................................................................31,186.46 .31087 Lot .........................................................................................................................31,186.46 X31086Lot 10...........:...........................................................................................................31,186.46 X1085Lot 11.......................................................................................................................31,186.46 31084 Lot 12.......................................................................................................................31,186.46 '31083 Lot 13.......................................................................................................................31,186.46 31082 Lot 14.......................................................................................................................31,186.46 ')1081 Lot 15.......................................................................................................................31,186.46 31080 Lot 16.......................................................................................................................31,186.46 31079 Lot 17.......................................................................................................................31,186.46 vS 1078 Lot18........................................................................................................................31,186.46 11077 Lot 19.......................................................................................................................31,186.46 )1076 Lot 20.................................................:.....................................................................31,186.46 '31075 Lot 21.......................................................................................................................31,186.46 A) 1074 Lot 22.: ...................................................................................................................... 31,l86.46 11073 Lot 23.......................................................................................................................31,186.46 '31072 Lot 24.......................................................................................................................31,186.46 '31071 Lot 25.......................................................::..............................................................31,186.46 '31070 Lot 26.......................................................................................................................31,186.46 31069 Lot 27.......................................................................................................................31,186.46 '31068 Lot 28.......................................................................................................................31,186.46 31067 Lot 29.......................................................................................................................31,186.46 31066 Lot 30.......................................................................................................................31,186.46 Block 2; Grand Prairie Addition 11022 Lot 1...................................................::.........::....I........:...........................................31,186.46 '31024 Lot 3 ............... ............................................................................. I ............................ 31,186.46 11025 Lot 4 ..................................................... .......................................... I ......................... 31,186.46 31026 Lot 5..............................................'.........................:.................................................31,186.46 '31028 Lot 7.........................................................................................................................11,063.77 31029 Lot 8.........................................................................................................................11,063.77 '1030 Lot .........................................................................................................................11,063.77 '31031 Lot 10.......................................................................................................................11,063.77 31032 Lot 11.......................................................................................................................11,063.77 31033 Lot 12.......................................................................................................................11,063.77 '..31034 Lot 13.......................................................................................................................11,063.77 31035 Lot 14.......................................................................................................................11,063.77 '31036 Lot 15.......................................................................................................................11,063.77 '31037 Lot 16.................................................:..............................................I......................11,063.77 31038 Lot 17.......................................................................................................................11,063.77 31039 Lot 18.......................................................................................................................11,063.77 31040 Lot 19 ....................................................... ................ ............... ................. ......... ....... 11,063.77 31041 Lot 20.......................................................................................................................11,063.77 '31042 Lot 21.......................................................................................................................11,063.77 '31043 Lot 22.......................................................................................................................11,063.77 31044 Lot 23 ....................................... ................................................................................. 11,063.77 2 Book: 1229 Rage: 932 PROJECT NO. 08-2715 REPLAT OF THE BERGKAMP SUBDIVISION STREET AND SIDEWALK IMPROVEMENTS Unplatted Tract 20372 A tract of land situated in the Northeast Quarter of the Northwest Quarter (NE/4, NW/4) of Section One (1), Township Fifteen (15) South, Range Three (3) West of the Sixth (6th) Principal Meridian, in Saline County, Kansas, which is more particularly described as follows: Commencing at a point on the North line of said Section One (1), which point being one thousand eight hundred thirty-two and sixty-seven hundredths (1,832.67) feet North 89 degrees 44 minutes 29 seconds East of the Northwest corner of said Section One (1); thence continuing North 89 degrees 44 minutes 29 seconds East along the North line of said Section One (1) a distance of three hundred twenty-nine and eighty-eight hundredths (329.88') feet; thence South 00 degrees 20 minutes 37 seconds East a distance of four hundred (400') feet; thence South 89 degrees 44 minutes 29 seconds West a distance of three hundred twenty-nine and eighty-eight hundredths (329.88') feet; thence North 00 degrees 20 minutes 37 seconds West a distance of four hundred (400') feet to the point of beginning, Except the North sixty (N60') thereof as conveyed to county for use as public street. Together with all appurtenances and rights of grantors in and to the real estate, including all right; title, and interest of grantors in the land underlying any dedicated roadway easements or right-of-way.......................................:......................... 20,962.00 TOTAL COST TO IMPROVEMENT DISTRICT.....................................$165,653.53 TOTAL COST TO CI'T'Y AT-LARGE......................................................................0.00 TOTAL PROJECT COST.............................................................................$165,653.53 Section 2. The special assessments provided for in Section 1 of this Ordinance shall be certified by the City Clerk to the County Clerk in the same manner and at the same time as other taxes are 3 31045 Lot 24.......................................................................................................................11,063.77 31046 Lot 25.......................................................................................................................11,063.77 1047 Lot 26.......................................................................................................................11,063.77 1048 Lot 27..............................:........................................................................................11,063.77 31049 Lot 28.......................................................................................................................11,063.77 w31050 Lot 29 '31051 .......................................................................................................................11,063.77 Lot 30.......................................................................................................................11,063.77 9 '31052 Lot 31 11,063.77 a31053 ...................................................................................................................... Lot 32.......................................................................................................................11,063.77 31054 Lot 33.......................................................................................................................11,063.77 31055 Lot 34.......................................................................................................................11,06,3.77 31056 Lot 35.......................................................................................................................11,063.77 31057 Lot 36...............................................:.......................................................................11,063.77 '31060 Lot 39................................................:......................................................................11,063.77 31061 Lot 40...................................:...................................................................................11,063.77 31062 Lot 41........................................................:..............................................................11,063.77 31063 Lot 42........................................................:............................................................. 11,063.77 31064 Lot 43...........................................................................::..........................................11,063.77 31059 Lot 38 ........................................ :.............................................................................. 11,063.77 TOTAL COST TO THE IMPROVEMENT DISTRICT............................$1,458,635.36 TOTAL COST TO CITY AT-LARGE.........................................................................0.00 TOTAL PROJECT COST.....:.......................................................................$1,458,635.36 PROJECT NO. 08-2715 REPLAT OF THE BERGKAMP SUBDIVISION STREET AND SIDEWALK IMPROVEMENTS Unplatted Tract 20372 A tract of land situated in the Northeast Quarter of the Northwest Quarter (NE/4, NW/4) of Section One (1), Township Fifteen (15) South, Range Three (3) West of the Sixth (6th) Principal Meridian, in Saline County, Kansas, which is more particularly described as follows: Commencing at a point on the North line of said Section One (1), which point being one thousand eight hundred thirty-two and sixty-seven hundredths (1,832.67) feet North 89 degrees 44 minutes 29 seconds East of the Northwest corner of said Section One (1); thence continuing North 89 degrees 44 minutes 29 seconds East along the North line of said Section One (1) a distance of three hundred twenty-nine and eighty-eight hundredths (329.88') feet; thence South 00 degrees 20 minutes 37 seconds East a distance of four hundred (400') feet; thence South 89 degrees 44 minutes 29 seconds West a distance of three hundred twenty-nine and eighty-eight hundredths (329.88') feet; thence North 00 degrees 20 minutes 37 seconds West a distance of four hundred (400') feet to the point of beginning, Except the North sixty (N60') thereof as conveyed to county for use as public street. Together with all appurtenances and rights of grantors in and to the real estate, including all right; title, and interest of grantors in the land underlying any dedicated roadway easements or right-of-way.......................................:......................... 20,962.00 TOTAL COST TO IMPROVEMENT DISTRICT.....................................$165,653.53 TOTAL COST TO CI'T'Y AT-LARGE......................................................................0.00 TOTAL PROJECT COST.............................................................................$165,653.53 Section 2. The special assessments provided for in Section 1 of this Ordinance shall be certified by the City Clerk to the County Clerk in the same manner and at the same time as other taxes are 3 Book: 1229 Page: 933 certified. The assessments and will be collected in fifteen (15) equal annual installments, together with interest on such amounts at a rate not exceeding the maximum rate therefore as prescribed by the Act. The first installment shall become due with the first payment of general property taxes for the year 2011. Interest on the assessed amount remaining unpaid between the effective date of this Ordinance and the date the first installment is payable, but not less than the amount of interest due during the coming year on any outstanding bonds issued to finance the Improvements, shall be w added to the first installment. The interest for one year on all unpaid installments shall be added to each subsequent installment until paid. y Section 3. The owner of any piece or parcel of property liable for any such assessments may redeem his property, in whole or in part, from such liability by paying to the City "Treasurer the entire amount, or a portion thereof, chargeable against said property, at any time on or before June 13, 2011, and to the extent of any such payment, the property so paid on shall not thereafter be liable for any further assessments for the cost of said improvements, nor for any interest due thereon. This Ordinance shall take effect from and after its passage and publication in the n'spaper. AT T:r; Lieu Ann Elsey, CMC, City erk Introduced: April 18, 2011 Passed: May 9, 20 Samantha P. Ang 11, Mayor hereby certify that the above and foregoing is a true and correct copy of Ordinance No. I 1-10599 that wa: adopted by the Governing Body of the City of Salina at their regular meeting on May 9, 2011. Lieu Ann Elsey, CMC, Cit Clerk I OF& 1870 M (Published in the Salina .lournal on March _a, 201 1) ORDINANCE. NUMBER 11-10592 AN ORDINANCE AMENDING CHAPTER 42, ARTICLE IV OF THE SALINA CODE 13Y AMENDING SECTION 42-59 PERTAINING TO 1TsMPORARY USES AND REPEALING EXISTING SEC'T'ION 42-59. w BE ORDAINED by the Governing Body ofthe City of Salina, Kansas: N Section 1. That Chapter 42, Article IV Section 42-59 of the Salina Code is hereby amended to read as follows: "Sec. 42-59. Temporary Uses. (a) Infew. It is the intent of the following regulations to provide for and govern the operation of certain temporary or seasonal uses. (b) Permils.for temporary uses. Applications for a temporary use permit shall be made to the zoning administrator at least three (3) days before the starting date of the temporary use and shall contain the following: (1) The commonly known address of the property to be used, rented or leased for the temporary use, including all information necessary to accurately describe the subject property; (2) A complete description of the proposed use, including dates and time schedules for operation of the use; (3) The name, address and phone number of the applicant, the property owner and the person(s) responsible for the use irdifferent than the applicant or property owner; (4) A statement describing provisions which will be made for sanitation facilities, utility services, parking, traffic control, security, fire safety, medical emergency and first aid, noise control and cleanup and restoration. (c) General reyuiremenis. Temporary use permits shall be issued by the zoning- administrator, oningadministrator, unless otherwise specified by these regulations. Said permit shall be issued only if all the following criteria are met in the opinion of the -zoning administrator: .(1) Adequate of(' -street parking with an approved surface shall be provided for customer vehicles outside the roadway improvement area. (2) Signs may not be larger than ten (10) square feet and must comply with the sign regulation provisions of these regulations. (3) Structures or product displays shall not be placed inside the visual sight triangle at intersections. (4) Adequate sight distances shall be available for vehicles entering and leaving the temporary use site. (5) Noise, odor or light emissions from the site shall not present an interference with the enjoyment or use of the property or a hazard to adjoining properties or public ways. Artificial lighting shall not illuminate any nearby dwellings and sound from public address systems shall not exceed sixty (60) dBA at the property line of residences. (6) Adequate provision for sanitary waste and trash disposal shall be provided by the applicant. 'trash, rubbish and waste products shall be removed from the premises daily. (7) Utility services provided shall comply with applicable building, electrical, plumbing, tire, safety, sanitation, public health and other codes, laws or regulations applicable to the use and shall be installed only under permits obtained as required by such codes. (8) The site shall be cleaned up and restored to its previous condition upon expiration of the temporary use permit. (d) Specific uses and regulations. The following are considered temporary uses and are subject to the following specific regulations and time limits in addition to the regulations of any zone in which they are located: (1) Christmas free sales. A temporary use permit may be issued for the display and open -lot sale of Christmas trees in the C-3 through C-6 districts or in any industrial district for a period not to exceed forty-five (45) days. Display of Christmas trees need not comply with the yard and setback requirements of these regulations; provided, that no structures or trees shall be placed within the sight triangle. the w site shall be cleaned and returned to its previous condition within two (2) weeks after Christmas. (2) Consumer Fireworks Facility. A temporary use permit may be issued for a consumer fireworks facility for the display and sale of approved consumer fireworks to the public for personal use on a C-3, C-5, C-6, C-7 zoned property for the period beginning on June 27 and ending on July 4 in any calendar year provided that the following additional provisions are met: a. Consumer fireworks facilities may operate from tents or canopies only, with a maximum size of twenty-four hundred (2,400) square feel. Consumer fireworks may not be sold from trailers or any form of temporary building or structure. Tents or canopies must be inspected by the Fire Department prior to being stocked with merchandise and must comply with NFPA, Chapter 7. b. Only one (1) consumer fireworks facility shall be permitted on a -zoning lot. c. The location of any tent or canopy used as a consumer fireworks facility must comply with the following setbacks: I. The tent or canopy shall be located at least twenty-five (25) feet from the right-of-way of any public street. 2. The tent or canopy must be located at least three hundred (300) feet from any residentially zoned property. 3. The tent or canopy must be located at least fifty (50) feet from any other structure on the zoning lot or adjoining zoning lot. 4. The tent or canopy must be located at least twenty (20) feet from any adjoining nonresidential property line. 5. The tent or canopy must maintain a ten (10) foot separation from any parked vehicles on the zoning lot or adjoining zoning lot. 6. The tent or canopy must maintain a three -hundred (300) foot separation from any fueling facility. 7. A single secure storage unit for consumer fireworks inventory meeting NEPA standards and not exceeding one hundred twenty (120) square feet in size may be located on the site of the consumer fireworks facility but must maintain a twenty (20) foot setback from the tent or canopy and any other structure on the zoning lot or adjoining zoning lot. d. The location of the consumer fireworks facility shall have access from a public street from an approved driveway curb cut. The location and entrance of the tent on the site shall not create any hazard relating to the movement or circulation of traffic or pedestrians either on the zoning lot it is located on or adjacent public streets. a Consumer fireworks facilities are only permitted on zoning lots that have surplus parking based on the City's off-street parking requirements. The location of the consumer fireworks facility may not occupy or displace areas utilized as required off-street parking or loading areas for another use on the zoning lot. Off*street parking shall be provided at a ratio of 1 space per 200 square feet of space occupied by the temporary tent, but in no instance shall there be less than 5 off-street paved parking spaces, including at least I van accessible handicap parking stall, at or near the location of the operation. f. Advertising banners may be attached to the exterior of the sales tent. In addition, one (1) ground sign not exceeding thirty-two (32) square feet shall be permitted on the same zoning lot as the consumer fireworks facility. The sign may be illuminated but shall not be a flashing sign. No balloons or other inflatable attention getting devices or rotating searchlights shall be permitted on site. All off -premise advertising signs must comply with the requirements of the sign regulations in Chapter 42 and may not be placed in the public right -of - 2 way. No person shall be allowed within any street right-of-way directing or flagging vehicles into the sales location. g. Firework sales at consumer fireworks facilities shall be restricted to the hours or 8:00 a.m. to 10:00 P.M. a w h. A person 18 -years of age or older shall be present to supervise the operation of the stand at all times. i. Each consumer fireworks facility shall have a portable restroom unless there are public restrooms on the site and the facility operator has obtained formal permission to use them. j. The location of the consumer fireworks facility shall be maintained in a clean, Clutter free environment and free oPblowing trash. The applicant shall provide at the time of application their method for the proper disposal of waste. k. Upon closure of the consumer fireworks facility, all inventory must be removed from the site (tent and storage unit) by .July 7. The tent and all wash and trash receptacles, portable restrooms, fences, barriers, tic -down materials and all other items associated with the temporary sale shall be removed from the site by .July 17. I. The Police Department, Fire Department and / or Planning Department shall periodically inspect such consumer fireworks operations for compliance with the above listed standards. Upon a report and recommendation from a police officer, lire marshal or the zoning administrator, the city manager may revoke or suspend a consumer fireworks temporary use permit and shall have the authority to close any facility operating in violation of these provisions. 2. The name and phone number of the individual responsible for overseeing the operation of the consumer fireworks facility and a copy of the lease or other written agreement between the facility operator and the owner of the property ifapplicable; 3 m. Applications for consumer fireworks facility shall be filed with the city clerk and shall include the following: 1. A site plan of the proposed facility site drawn to an accurate scale and showing all pertinent information, including: • The proposed location and size of the tent or canopy that would be erected Por the display and sale of fireworks and the location and size of any storage unit to be placed on the site. • The proposed location of any portable restrooris and/or waste containers. • The distance from the tent to the nearest public street right-ol-way. • The distance from the tent to all abutting property lines. • The distance from the tent to all other structures on the site and adjoining property. • The distance from the tent to any nearby fueling facilities. • The number and location of fire extinguishers, water barrel and / or hoses as required by KAR 22-6-4 and amendments thereto. • The number and location of off=street parking spaces at the facility, including handicap accessible spaces. • The location of the electrical power source serving the facility. 11' power will be furnished by a generator, the proposed location of the generator. ' The application material shall provide sufficient information, as defermined by the zoning administrator, to allow a complete review oP the proposal. The application material shall also include sufficient detail to indicate compliance with all performance standards. Failure to provide adequate information may result in the rejection ol'thc application; 2. The name and phone number of the individual responsible for overseeing the operation of the consumer fireworks facility and a copy of the lease or other written agreement between the facility operator and the owner of the property ifapplicable; 3 3. A copy of the written permission obtained from the business or property owner to allow the facility's employees and customers to utilirc the public restrooms on site, if applicable; 4. A copy of a sales tax certificate obtained from the State of Kansas; 5. A copy of the certificate of flame retardant treatment for the tent; w 6. Proof of general liability insurance coverage for the facility. n. Contractor's ace. A temporary use permit may be issued for a contractor's a temporary office and equipment sheds incidental to a construction project. "file office or shed shall not contain sleeping or cooking accommodations. The permit shall be valid for no more than one (1) year, but may be renewed while construction work is in progress. The office or shed shall be removed upon completion of the construction project. o. Ternporar y liming quarters for emergency service provides. A temporary use permit may be issued for temporary living quarters in a temporary structure for emergency service providers and responders, including but not limited to Fire Department personnel, ambulance service personnel and law enforcement agencies who provide services to the general public, if it is incidental to a construction project. 'file permit shall be valid for no more than one (1) year but may be renewed while construction work is in progress. The temporary structure shall be removed from the site within 30 days after the issuance of a Certificate of Occupancy for the construction project. p. Rea( estate project sales offce. A temporary use permit may be issued for a temporary real estate sales office in any new subdivision which has been approved by the planning commission. The permit shall be valid for no more than one (I) year, but is renewable. The office shall be closed upon sale or lease of all dwelling units in the development. The office shall contain no sleeping or cooking accommodations unless located in a model home. q. F'estNal.s. A temporary use permit may be issued for tents or other temporary structures and related facilities to house and serve public celebrations, special observances, religious meetings, cultural events or entertainment programs sponsored by a local civic, religious, governmental or recognized duly chartered fraternal organization for a period of no more than fourteen (14) days, unless otherwise approved by the zoning administrator. r. Carnivals, circuses and tent shows. A temporary use permit may be issued for a carnival, circus or tent show, as defined in section 6-16 of this Code, for a period that does not exceed fourteen (14) days. However, the permit may be renewed or extended upon application to the zoning administrator. s. Open air markets. A special use permit may be issued by the Planning Commission for the operation of open air markets, including outdoor flea markets, farmer's markets or roadside produce stands after the Commission has held a public hearing in accordance with the procedures established in Section 42-24 of the Salina Code, subject to the following provisions: a. An outdoor flea market may operate in a C-3 or higher district and is defined as any place where the owner or operator thereof allows more than one (1) person to sell merchandise from outdoor stalls, booths, stands, etc., which are not open for business on a daily basis. The permit shall be valid for a calendar year and may be renewed administratively on an annual basis by the Zoning Administrator following initial approval by the Planning Commission. b. A farmer's market may operate in a C-3 or higher district and is defined as any place, with or without permanent buildings or structures. where fruit. vegetables, produce, handmade crafts, etc., are sold from more than one (1) produce stand operated by different persons. The permit shall be valid for a calendar year and may be renewed administratively on an annual basis by the Zoning Administrator following initial approval by the planning Commission. C. A roadside stand may be located in an A-1 or C-3 or higher district and is defined as a temporary structure used by one (1) operator for the sale of farm produce. The permit shall be valid for no more than six (6) continuous months in a calendar year. No produce sales shall be made within thirty (30) 4 feet of the roadway improvement. Area for a roadside stand operating more than one (1) month per vear, an off-street parking area shall be provided. d. Application Requirements. N 1. Pre -Application Conference. Prior to the acceptance of a special use w permit application, applicants shall participate in a pre -application conference with the Planning Department for the purposes of discussing application requirements, specifics of the site and plans for parking, traffic control, pedestrian safety, the need for utilities and/restroom facilities, trash disposal and site clean up. 2. Applications for a special use permit for an open air market shall be filed with the Planning Department and shall include the following: A plot plan of the site drawn to an accurate scale and showing all pertinent information, including proposed parking areas. The application material shall provide sufficient information, as determined by the zoning administrator, to allow a complete review of the proposal. The application material shall also include sufficient detail to indicate compliance with all performance standards. Failure to provide adequate information may result in the rejection of the application. ii. The name and phone number of the individual responsible for overseeing the operation of the open air market and a copy of the lease between the operator and the owner of the property if' applicable. iii. A statement indicating the number of vendors that will be setting up booths, stands or tables at the market. iv. A statement describing any temporary structures that will be erected ' on the site. v. A statement describing the provisions made for off-street parking and pedestrian access to the site. vi. A statement indicating proposed measures designed to minimize potentially adverse effects, including trespassing, on adjacent properties. C. Conditions. In granting a special use permit, the Planning Commission may impose appropriate conditions and safeguards including but not limited to commencement and tcrnnination dates, dates and hours of operation, improved traffic circulation, pedestrian safety requirements, parking requirements, or any other requirements which the Commission deems appropriate upon a finding that they are necessary to fulfill the purpose and intent of this chapter. C Denial of special use permit Any decision to deny a special use permit under this section shall be made in writing and shall state the specific reasons for the denial. Any denial made by the Planning Commission may be appealed to the Board of City Commissioners. Any denial by the Board of City Commissioners shall be deemed a final administrative decision, subject to judicial review and appeal. In the event that a special use permit application is denied by the Planning Commission or Board of City Commissioners for a particular location, no new request for the same or substantially similar special use permit shall be accepted or processed for that location during the same calendar year. g. Protests. The notification and protest area for special use permit applications shall be two hundred fifty (250) feet from the proposed open air market. If a special use permit is approved by the Planning Commission, affected property owners shall have the same right to present a protest petition to the Board of Cite 5 Commissioners and appeal that decision as property owners in rezoning cases. The protest procedure shall be as provided in K.S.A. 12-708 and section 42- 26(8) of this chapter. h. If an operator of an open air market fails to comply with the conditions upon which a permit was approved by the Planning Commission, or the Board of City Commissioners, the City Manager may revoke the special use permit and direct the open air market to cease operation. Revocation of a special use permit may be appealed to the Board of City Commissioners. t. Moveable slruclures. a. , A temporary use permit may be issued for the sale of merchandise, food. or services from a motor vehicle, recreational vehicle, trailer; mobile home or tent on a lot or portions thereof that are vacant or used for parking, provided the following conditions are met: i. Such sales are conducted by the owner or lessee of the property on which it is conducted. ii. Such sales are temporary and limited to one (1) event comprising a maximum of two (2) consecutive weeks in any six-month period; iii. Applicants for sales from moveable structures shall submit a site plan, including, without limitation, the location, setback from property line. screening, sign and fence locations, if applicable and electric meter locations or power source; iv. Applicants for sales shall obtain the appropriate sales tax license and, it applicable, a food service license; V. Such sales may not be located within any area utilized as the required parking or loading arca for another use or on public right-of-way; vi. Upon termination of the sale, the lot or parcel shall be returned substantially to its original condition. All litter, fences, borders, tic -down materials, and other items associated with the temporary sale shall be removed from the site; vii. Mobile food vendors who operate for fourteen (14) days or less on a vacant lot, parking lot or at a special event shall be considered temporary food establishments. A permit shall not be required for mobile food vendors accessory to a permitted use or approved conditional use which operate for eight (8) hours or less at a given location. b. Any person or persons who operates or sells food from a stationary cart or trailer mounted on a chasis, but without an engine, at a location for a period of 15 days or greater shall be considered a mobile lend vendor. Mobile food vendors are permitted as an accessory use to a permitted or approved conditional use in the I1 -M, C-3, C-4, C-5, C-6, and C-7 districts and all industrial districts provided the following conditions are met: i. Mobile food vendors shall be located on private property where an existing, permanent business operates in a building with a certificate of occupancy: ii. Mobile food vendors shall provide the City with a copy of written permission from the property owner on an annual basis to allow the operation of a mobile vendor and to allow the mobile vendor and their customers access to a commercially plumbed public restroom on site; iii. A mobile food vendor shall submit a site plan depicting the location of the mobile food vendor on the property, and shall secure a food service establishment license from the Salina — Saline County Health Department prior to the operation of such use in any location; iv. Temporary connections to potable water are prohibited. Water shall be from an internal tank, and electricity shall be From a generator or an electrical outlet via a portable cord that is in conformance with the Electrical Code as adopted by the City of Salina; 6 V. Mobile food vendors shall be located within 50 feet of an entrance of a primary building that holds the Certificate of Occupancy: vi. Mobile food vendors may operate only during the business hours of' the primary business on the property; w vii. The operator shall possess a sales tax certificate number from the state of Kansas; N N viii. Mobile food vendors shall not operate in parking spaces, driveways, lire lanes or public roads; is. A drive through is not permitted in conjunction with the mobile food vendor; X. Sales of food from a stationary vehicle shall exclude motorized catering trucks; and xi. Mobile food vendors may not operate from a temporary building. u. Promolional aclivilies. No permit is required for promotional activities of retail merchants involving the display only of goods and merchandise, which are for sale within the principal structure conducted outside of such structure for a period of no more than two (2) consecutive weeks in any three-month period; provided, that: a. No portion of the display shall be on publicly owned property unless the applicant shall first have obtained approval for such use from the city: b. No required oft' -street parking or loading area will be utilized for such display, storage or dispensing; C. No food or drink shall be displayed outside the building except in accordance with standards and prior written approval of the health department; and d. These provisions shall in no way be deemed to authorize the outdoor display of automobiles, trailers and equipment rental or the sale of used furniture. appliances, plumbing, housewares, building materials or similar displays or sales in any business district except as otherwise permitted by this chapter. V. Garage sales. No permit is required for a garage sale. as defined, in any residential district which is limited to one (1) event comprising a maxinnun of three (3) consecutive days in any six-month period. Where such sale is conducted on premises exterior to any structure, all sale items shall be removed Prom such exterior premises within one (1) day following the day the sale is concluded. (e) Appeals. Any applicant who is denied a temporary use permit may appeal the zoning administrator's decision to the board of zoning appeals in accordance with section 42-597 of these regulations." Section 2. That the existing section 42-59'of the Salina Code is hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: February 28, 2011 Passed: � Ma c�201 1 Aaro G. PecR, Mayor (S13AL� Lieu Ann Elscy. CMC. 7 ORDINANCE NUMBER 12-10628 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE III, DIVISION 3, SECTION 8-185 OF THE SALINA CODE TO ALLOW FOR A MASTER SKILLED TRADESMAN tO TO SERVE AS A DESIGNATED MASTER UNDER CERTAIN CONDITIONS AND w REPEAL EXISTING SECTION 8-185. BE IT ORDAINED by the Governing Body of city of Salina, Kansas. Section 1. That Section 8-185 of Chapter 8, Article III, Division 3, Section 8-185 of the ' Salina Code is hereby amended as follows: "Sec. 8-185. Qualifications for skilled trade contractor license. (a) In order to qualify for an electrical, plumbing or HVAC mechanical contractor license, i applicant shall designate an individual licensed as a master as defined by section 8-187 the trade for which licensing is sought who is associated with the applicant as an own( officer, director or employee in its full-time employment at all times. In order to qualify f a solid -fuel appliance installation contractor license, an applicant shall be an install licensed by the City of Salina as a solid -fuel appliance installer or have in its full -tin employment at all times an installer licensed by the City of Salina as a solid -fuel applian installer. (b) The designated master or installer shall: (1) Be the legal representative for the business entity relative to the provisions of this Article: (2) Satisfy the requirements of this Article: and (3) Not be a master or installer for more than one business entity. Exception: Instructors of colleges, technical colleges or trade schools may be the designated master tradesman for the college and for a private business under the following two conditions: (a) when the instructor obtains permits for the educational institution, only students from that institution may be used to complete those projects and (b) when the instructor obtains permits as a master tradesman for a private business, the private business may not use the educational institution's students or resources." Section 2. That existing Section 8-185 is hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: Februa y 6, 2012 Passe Fehr y 13, 2012 Saman h Mayor [SEAL] ATTEST: fL Wicks, Deputy City Clerk ORDINANCE NUMBER 12-10626 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE I, DIVISION 1 OF THE SALINA CODE BY ADDING SECTION 8-24.1 AMENDING TAPBLE 2902.1 OF THE 2006 INTERNATIONAL BUILDING CODE ELIMINATING THE REQUIREMENT FOR RESTROOMS IN `STORAGE GROUP S' OCCUPANCIES THAT DO NOT HAVE FULL TIME EMPLOYEES, INCLUDING THOSE GROUPS TOGETHER. BE IT ORDAINED by the Governing Body of the city of Salina, Kansas: Section 1. That Section 8-24.1 is hereby added to Chapter 8, Article 1, Division 1 of the Salina Code as follows: "Sec. 8-24.1 Amendment to Table 2902.1 of the International Building Code. [Number 8 of Table 2902.1 is hereby amended as follows] No. Classification Occupancy Description Water Closets Bathtubs/ Showers Drinking Fountains Other 8 Storage (see S-1 Structures for the a See Section I per 1,000 1 service Sections S-2 storage of goods, 1 per 100 411 of the sink 2902.2, 2902.4 warehouses, International and 2902.4. 1) storehouses and Plumbing freight depots, low Code and moderate hazard. e. Restrooms and lavatories are not required to be provided for S occupancies that do not have any employees, including those grouped together. Section 2. That Section 8-24.1 is hereby added. Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. [SEAL] ATTEST: Lieu Ann Elsey, CMC, C y Clerk Introduced: January 9, 2012 Passed: January 23,2 12 Sam t a . n 1, Mayor