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09-15-1986 Minutes86-189 86-190 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS SEPTEMBER 15, 1986 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, September 15, 1986, at four p.m. There were present: Mayor Joseph M. Ritter, Chairman presiding Commissioner Merle A. Hodges Commissioner Stephen C. Ryan Commissioner Sydney S. Soderberg comprising a quorum of the Board, also present: Greg Bengtson, City Attorney D. L. Harrison, City Clerk Rufus L. Nye, City Manager Absent: Commissioner John F. Burgess CITIZEN FORUM None AWARDS - PROCLAMATIONS None PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting September 8, 1986. (6.2) Report on bids received September 11, 1986 for Engineering Project 86-747, Latex Modified Slurry Seal. [Contract awarded to Ballou Construction Company, Inc. for $150,410.1 (6.3) Report on bids received September 11, 1986 for Engineering Project 86-748, Machine Laid Seal - Bituminous Overlay. [Contract awarded to J. H. Shear's Sons, Inc. for $93,875.1 Moved by Commissioner Hodges, seconded by Commissioner Ryan that all items on the Consent Agenda be approved. Aye: (4). Nay: (0). Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Zoning Application 86-16, filed by Patrick R. and O. Jean Brewer, for the rezoning of Lots 1 and 2, School Park, Original Townsite of the City of Salina (200 South 7th Street) to District C-4, Central Business District, be approved. [ Introduce ordinance 86-9157 for first reading] Moved by Commissioner Hodges, seconded by Commissioner Soderberg that the recommendation of the City Planning Commission be accepted and that Zoning Application 86-16 be approved and that Ordinance Number 86-9157, 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 the proper uses thereof, be introduced for first reading. Aye: (4). Nay: (0) . Motion adopted. 86-191 86-192 86-193 86-194 86-195 86-196 (7.2) Recommendation from the City Planning Commission that Zoning Application 86-18, filed by the City Planning Commission, for amendments to Divisions 11 through 16, inclusive of Chapter 42. [ Introduce ordinance numbers 86-9158 and 86-9159 for first reading] Aye: (4). Nay: (0). Motion adopted. Moved by Commissioner Soderberg, seconded by Commissioner Ryan that the recommendation of the City Planning Commission be accepted and that Zoning Application 86-18 be approved and that Ordinance Number 86-9158, prescribing the permitted uses in C-5, Service Commercial Districts; amending Section 42-317 of the Salina Code and repealing the existing section, be introduced for first reading. Aye: (4). Nay: (0). Motion adopted. Moved by Commissioner Soderberg, seconded by Commissioner Ryan that Ordinance Number 86-9159, allowing dog racing and horse racing tracks as conditional uses in C-6, Heavy Commercial Districts; amending Section 42-333 of the Salina Code and repealing the existing section, be introduced for first reading. Aye: (4). Nay: (0). Motion adopted. ADMINISTRATION (8.1) Second Reading Charter Ordinance 22 - Exempting the City of Salina, Kansas, from K.S.A. 12-1697 and 12-16,101 concerning the promotion of tourism and conventions, authorizing the levying of a transient guest tax by counties or cities; providing for appointment of a convention and tourism committee; providing substitute provisions on the same subject and repealing Chapter 37 of the Salina Code. Moved by Commissioner Hodges, seconded by Commissioner Ryan that Charter Ordinance 22, exempting the City of Salina, Kansas, from K.S.A. 12-1697 and 12-16,101 concerning the promotion of tourism and conventions, authorizing the levying of a transient guest tax by counties or cities; providing for appointment of a convention and tourism committee; providing substitute provisions on the same subject and repealing Chapter 37 of the Salina Code, be adopted. Aye: Hodges, Ryan, Soderberg, Ritter Aye: (4) . Nay: (0) . Motion adopted. (8.2) Second Reading Ordinance Number 86-9154 - 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 street and utility improvements in The River Place, Riverdale, Nord, Mayfair, Meyer, Eastgate, and Replat of Blocks 4, 10, 11, 12, Georgetown Addition. Nay: (0) . Moved by Commissioner Ryan, seconded by Commissioner Hodges that Ordinance Number 86-9154, 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 street and utility improvements in The River Place, Riverdale, Nord, Mayfair, Meyer, Eastgate, and Replat of Blocks 4, 10, 11, 12, Georgetown Addition, be adopted. Aye: Hodges, Ryan, Soderberg, Ritter (4). Nay: (0) . Motion adopted. (8.3) Second Reading Ordinance Number 86-9155 - providing for permits and inspections of elevators; amending Section 8-446 of the Salina Code and repealing the existing section. Moved by Commissioner Hodges, seconded by Commissioner Ryan that Ordinance Number 86-9155, providing for permits and inspections of elevators; amending Section 8-446 of the Salina Code and repealing the existing section, be adopted. Aye: Hodges, Ryan, Soderberg, Ritter (4) . Nay: (0) . Motion adopted. (8.4) Second Reading Ordinance Number 86-9156 - designating the structure located at 200 South Seventh Street for Heritage Conservation (HC) landmark designation. Moved by Commissioner Hodges, seconded by Commissioner Soderberg that Ordinance Number 86-9156, designating the structure located at 200 South Seventh Street for Heritage Conservation (HC) landmark designation, be adopted. Aye: Hodges, Ryan, Soderberg, Ritter (4). Nay: (0). Motion adopted. 86-197 86-198 (8.5) First Reading Ordinance Number 86-9160 - authorizing the issuance of $1,650,000 Industrial Revenue Bonds for Salina Motel Partnership. The City Attorney reported that the minutes of May 19, 1986 (Commission Action 86-095) reflect that Salina Motel Partnership was granted a four year tax exemption as authorized by K.S.A. 79-201a. Those same minutes reflect that the exemption applies for taxable years 1986, 1987, 1988, and 1989. By state law any exemption must commence the tax year following issuance of the bonds. As a result, a clarification was requested that the four year exemption was intended to apply for taxable years 1987, 1988, 1989, 1990 provided that all current and delinquent taxes, interest and penalties on this property be paid through and including the 1986 taxes, as a precondition to the tax exemption. Moved by Commissioner Hodges, seconded by Commissioner Ryan that Ordinance Number 86-9160, authorizing the City of Salina, Kansas, to acquire certain real property and to acquire, renovate, rehabilitate, construct, improve and equip certain buildings, improvements, machinery and equipment located or to be located thereon to be leased to Salina Motel Limited Partnership, a Kansas Limited Partnership (the "Partnership"), for development of a hotel/motel facility (the "development"); authorizing the City to issue $1,650,000 principal amount of industrial revenue bonds (Salina Motel Limited Partnership Project), for the purpose of providing funds to pay the cost of acquiring, renovating, rehabilitating, constructing, improving and equipping the development for the partnership; authorizing the City to enter into a trust indenture with Security Bank of Kansas City, authorizing the City to enter into a lease of the development with Salina Motel Limited Partnership; approving the forms of guaranty agreements, a first leasehold mortgage and security agreement, a first assignment of rents and leases, a letter of credit and collateral pledge agreement; and authorizing and approving the execution of certain documents and the taking of other actions in connection with the issuance of said bonds, with the clarification as stated by the City Attorney, be introduced for first reading. Aye: (4). Nay: (0). Motion adopted. None OTHER BUSINESS ADJOURNMENT Moved by Commissioner Hodges, seconded by Commissioner Ryan that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion adopted. The meeting adjourned at 4:08 p.m. Joseph M. Ritter, Mayor [SEAL] ATTEST: VItLLi D. L. Harrison, Clerk