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08-01-1988 MinutesAction 88-219 88-220 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS AUGUST 1, 1988 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, August 1, 1988, at 4:00 p.m. There were present: Mayor Sydney Soderberg, Chairman presiding Commissioner Robert E. Frank Commissioner Vi Justus Commissioner Stephen C. Ryan Commissioner Joseph A. Warner comprising a quorum of the Board, also present: G, Robert K. Biles, City Clerk Dennis M. Kissinger, City Manager Absent: None CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The Mayor proclaimed the week of August 1, 1988 as "EXPORT NOW WEEK." The proclamation was read by Mayor Soderberg. (4.2) The Mayor presented a plaque of appreciation to Thomas Dunn, Jr., past Salina Recreation Commission member. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting July 18, 1988. (6.2) Approve the Minutes of the Regular Meeting July 25, 1988. (No quorum present) Moved by Commissioner Frank, seconded by Commissioner Ryan that all items on the Consent Agenda be approved. Aye: (5). Nay: (0). Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Zoning Application 88-6, filed by Presley Builders, Inc. for the rezoning of Lots 1, 2, 3, Block 6, Country Club Estates Addition #3 to District "R", be approved. [introduce Ordinance Number 88-9266 for first reading] Moved by Commissioner Warner, seconded by Commissioner Frank that the recommendation of the City Planning Commission be accepted, that Zoning Application 88-6 be approved and that Ordinance Number 88-9266, providing for the amendment of Ordinance 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 the proper uses thereof, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (7.2) Recommendation from the City Planning Commission that Zoning Application 88-7, filed by George Johnson for the rezoning of a tract of land in Blocks 7, 8, 9, Schilling Subdivision to District 1-2, be approved for 1-1 zoning. [Introduce Ordinance Number 88-9267 for first reading] Action 88-221 88-222 88-223 88-224 88-225 Moved by Commissioner Frank, seconded by Commissioner Justus that Zoning Application 88-7 be returned to the City Planning Commission for reconsideration. Aye: (5) . Nay: (0) . Motion adopted. Glen Stroer, Salina Waste Systems, indicated his company wished to purchase a portion of the tract of land under consideration; however, he needed an 1-2 zoning in order to do so. Roy Dudark, Director of Planning and Community Development, indicated this information was not presented to the City Planning Commission during previous discussions. (7.3) Recommendation from the City Planning Commission that Zoning Application 88-8, filed by George Johnson for the rezoning of Block 2, Schilling Subdivision to District -1-2, be approved for 1-1 zoning. [ Introduce Ordinance Number 88-9268 for first reading] Moved by Commissioner Justus, seconded by Commissioner Ryan that the recommendation of the City Planning Commission be accepted, that Zoning Application 88-8 be approved, and that Ordinance Number 88-9268, providing for the amendment of Ordinance 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 the proper uses thereof, be introduced for first reading. Aye: Justus, Ryan, Warner, Soderberg (4). Nay: Frank (1). Motion adopted. ADMINISTRATION (8.1) Report on bids received July 21, 1988 for Engineering Project 88-768 for Latex Modified Overlay of certain streets. [Award contract to J. H. Shears' Sons, Inc. in the amount of $103,825.00] Moved by Commissioner Warner, seconded by Commissioner Justus that the recommendation of the City Engineer be accepted and that the contract be awarded to J. H. Shears' Sons, Inc. in the amount of $103,825.00. (8.2) Set the date of August 15, 1988 for public hearing on the proposed 1989 Budget and instruct the City Clerk to publish the Notice of Public Hearing. Moved by Commissioner Justus, seconded by Commissioner Warner that August 15, 1988 at 7:00 p.m. be set as the date for public hearing on the proposed 1989 budget, and that the City Clerk be instructed to publish the Notice of Public Hearing. Aye: (5) . Nay: (0) . Motion adopted. (8.3) Second Reading Ordinance Number 88-9261, amending Salina Code Section 8-38 as it amends Section 1210 of Chapter 12 of the Uniform Building Code pertaining to the maintenance and use of dwelling units and guest accommodations with sleeping rooms within the City of Salina, requiring the installation and maintenance of smoke detectors therein and providing enforcement measures. Moved by Commissioner Warner, seconded by Commissioner Frank that Ordinance Number 88-9261, amending Salina Code Section 8-38 as it amends Section 1210 of Chapter 12 of the Uniform Building Code pertaining to the maintenance and use of dwelling units and guest accommodations with sleeping rooms within the City of Salina, requiring the installation and maintenance of smoke detectors therein and providing enforcement measures, be adopted. Aye: Frank, Justus, Ryan, Warner, Soderberg (5) . Nay: (0) . Motion adopted. (8.4) Second Reading Ordinance Number 88-9262, amending Chapter 18 of the Salina Code known as the Minimum Housing Code, requiring the installation and maintenance of smoke detectors thereunder, amending Sections 18-23, 18-24 and 18-25 and adding new Sections 18-22 and 18-81. Action 88-226 88-227 88-228 88-229 88-230 88-231 Moved by Commissioner Ryan, seconded by Commissioner Frank that Ordinance Number 88-9262, amending Chapter 18 of the Salina Code known as the Minimum Housing Code, requiring the installation and maintenance of smoke detectors thereunder, amending Sections 18-23, 18-24 and 18-25 and adding new Sections 18-22 and 18-81, be adopted. Aye: Frank, Justus, Ryan, Warner, Soderberg (5) . Nay: (0) . Motion adopted. (8.5) Second Reading Ordinance Number 88-9263, providing for the amendment of Ordinance 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 the proper uses thereof. [Planned Development Application 88-3, filed by Woods and Durham Chartered, for the rezoning of a 3.54 acre tract of land located at approximately 1619 East Iron Avenue (Planned Development District with Residential and Restricted Business) ] Moved by Commissioner Justus, seconded by Commissioner Warner that Ordinance Number 88-9263, providing for the amendment of Ordinance 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 the proper uses thereof, be adopted. Aye: Frank, Justus, Ryan, Warner, Soderberg (5). Nay: (0). Motion adopted. (8.6) Second Reading Ordinance Number 88-9264, amending Section 40-286 of the Salina Code designating use limitations in C-3 Districts and repealing the existing section. [Zoning Application 88-5, filed by Jonathan Cossette to amend Section 40-286 of the Salina Code to allow outdoor sales and service in C-3 Shopping Center Districts] Moved by Commissioner Frank, seconded by Commissioner Justus that Ordinance Number 88-9264, amending Section 40-286 of the Salina Code designating use limitations in C-3 Districts and repealing the existing section, be adopted. Aye: Frank, Justus, Ryan, Warner, Soderberg (5). Nay: (0). Motion adopted. (8.7) Second Reading Ordinance Number 88-9265, designating Ohio Street, Crawford Avenue, Broadway Boulevard, Ninth Street and Iron Avenue as main trafficways pursuant to K.S.A. 12-685. Moved by Commissioner Ryan, seconded by Commissioner Warner that Ordinance Number 88-9265, designating Ohio Street, Crawford Avenue, Broadway Boulevard, Ninth Street and Iron Avenue as main trafficways pursuant to K.S.A. 12-685, be adopted. Aye: Frank, Justus, Ryan, Warner, Soderberg (5). Nay: (0). Motion adopted. (8.8) First Reading Ordinance Number 88-9269, levying special assessments against certain lots and pieces of property to pay the cost of cutting weeds on certain lots and parts of lots and the parkways abutting thereon in the City of Salina, Kansas. Moved by Commissioner Warner, seconded by Commissioner Justus that Ordinance Number 88-9269, levying special assessments against certain lots and pieces of property to pay the cost of cutting weeds on certain lots and parts of lots and the parkways abutting thereon in the City of Salina, Kansas, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (8.9) First Reading Ordinance Number 88-9270, levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances located on certain lots and parts of lots in the City of Salina, Kansas. Moved by Commissioner Ryan, seconded by Commissioner Frank that Ordinance Number 88-9270, levying special assessments against certain lots and pieces of property to. pay the cost of abatement of nuisances located on certain lots and parts of lots in the City of Salina, Kansas, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. Action 88-232 88-233 88-234 88-235 88-236 88-237 (8.10) First Reading Ordinance Number 88-9271, levying special assessments against certain lots and pieces of property to pay the cost of sidewalk repair located on certain lots and parts of lots in the City of Salina, Kansas. Moved by Commissioner Frank, seconded by Commissioner Warner that Ordinance Number 88-9271, levying special assessments against certain lots and pieces of property to pay the cost of sidewalk repair located on certain lots and parts of lots in the City of Salina, Kansas, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (8.11) First Reading Ordinance Number 88-9272, levying special assessments against certain lots and pieces of property to pay the cost of demolition of certain unsafe structures located on certain lots and parts of lots in the City of Salina, Kansas. Moved by Commissioner Ryan, seconded by Commissioner Frank that Ordinance Number 88-9272, levying special assessments against certain lots and pieces of property to pay the cost of demolition of certain unsafe structures located on certain lots and parts of lots in the City of Salina, Kansas, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. (8.12) First Reading Ordinance Number 88-9273, amending Salina Code Sections 25-58, 25-60, 25-61, 25-62 and 25-64, relating to the maximum value of property subject to article IV of Chapter 25 of the Salina Code relating to misdemeanor offenses against property, and repealing the existing sections. Moved by Commissioner Justus, seconded by Commissioner Warner that Ordinance Number 88-9273, amending Salina Code sections 25-58, 25-60, 25-61, 25-62 and 25-64, relating to the maximum value of property subject to article IV of Chapter 25 of the Salina Code relating to misdemeanor offenses against property, and repealing the existing sections, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. (8.13) First Reading Ordinance Number 88-9274, regulating traffic within the corporate limits of the City of Salina, Kansas; incorporating by reference the "Standard Traffic Ordinance for Kansas Cities," Edition of 1988; and repealing existing Salina Code Section 38-1. Moved by Commissioner Frank, seconded by Commissioner Ryan that Ordinance Number 88-9274, regulating traffic within the corporate limits of the City of Salina, Kansas; incorporating by reference the "Standard Traffic Ordinance for Kansas Cities," Edition of 1988; and repealing existing Salina Code Section 38-1, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. (8.14) First Reading Ordinance Number 88-9275, authorizing an agreement with the Board of Education of Unified School District #305 and the Salina Recreation Commission to terminate the Salina Recreation Commission and to establish a recreation division within an existing department of the City pursuant to K.S.A. 12-1933. Moved by Commissioner Frank, seconded by Commissioner Ryan that Ordinance Number 88-9275, authorizing an agreement with the Board of Education of Unified School District #305 and the Salina Recreation Commission to terminate the Salina Recreation Commission and to establish a recreation division within an existing department of the City pursuant to K.S.A. 12-1933, be introduced for first reading. Aye: (5). Nay: (0). .Motion adopted. (8.15) First Reading Charter Ordinance Number 23, exempting the City of Salina, Kansas from the provisions of K.S.A. 13-1024a and providing substitute and additional provisions on the same which relate to general improvements and the issuance of bonds for the purpose of paying for said improvements. Moved by Commissioner Warner, seconded by Commissioner Justus that Charter Ordinance Number 23, exempting the City of Salina, Kansas from the provisions of K.S.A. 13-1024a and providing substitute and additional provisions on the same which relate to general improvements and the issuance of bonds for the purpose of paying for said improvements, be introduced for first reading and that second reading be scheduled for August 22nd. Aye: (5). Nay: (0). Motion adopted. Action 88-238 88-239 88-240 — 88-241 88-242 88-243 (8.16) First Reading Charter Ordinance Number 24, exempting the City of Salina, Kansas from the provisions of K.S.A. 12-1008 and providing substitute and additional provisions on the same which relate to salaries of members of governing bodies. Moved by Commissioner Justus, seconded by Commissioner Frank that Charter Ordinance Number 24, exempting the City of Salina, Kansas from the provisions of K.S.A. 12-1008 and providing substitute and additional provisions on the same which relate to salaries of members of governing bodies, be introduced for first reading and that second reading be scheduled for August 22nd. Aye: (5) . Nay: (0) . Motion adopted. (8.17) Authorize expansion of Engineering Project 88-765 for 1988 sidewalk improvements. Moved by Commissioner Frank, seconded by Commissioner Ryan that Engineering Project 88-765 be expanded to include sidewalk on city owned property at Jerry Ivey Park and Gypsum Hill Cemetery. Aye: (5) . Nay: (0) . Motion adopted. (8.18) Report on bids received July 21, 1988 for Water Supply Facilities (Phase 1) (Project 88-766). [Award the contract to Stevens Contractors, Inc. in the amount of $388,952.02] Moved by Commissioner Justus, seconded by Commissioner Warner that the recommendation of the City Engineer be accepted and that the contract be awarded to Stevens Contractors, Inc. in the amount of $388,952.02. Aye: (5). Nay: (0) . Motion adopted. (8.19) Resolution Number 88-3985, determining that no further public purpose exists for a certain parcel of land owned by the City of Salina and authorizing its conveyance to the adjacent property owner. Moved by Commissioner Warner, seconded by Commissioner Frank that Resolution Number 88-3985, determining that no further public purpose exists for a certain parcel of land owned by the City of Salina and authorizing its conveyance to the adjacent property owner, be adopted. Aye: (5). Nay: (0). Motion adopted. (8.20) Resolution Number 88-3986 authorizing the City Manager and City Clerk to execute an agreement with Sunflower Sanitation, McPherson, Kansas for scrap metal recovery. Moved by Commissioner Frank, seconded by Commissioner Justus that Resolution Number 88-3986 authorizing the City Manager and City Clerk to execute an agreement with Sunflower Sanitation, McPherson, Kansas for scrap metal recovery, be adopted. Aye: (5) . Nay: (0) . Motion adopted. OTHER BUSINESS Mayor Soderberg announced the City Commission would not meet on August 8, 1988. ADJOURNMENT Moved by Commissioner Ryan, seconded by Commissioner Frank that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0) . Motion adopted. The meeting adjourned at 5:21 p.m. Sdney oderberg, Mayor [SEAL] ATTEST: z Robert K. Biles, City Clerk