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08-05-1985 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS AUGUST 5, 1985 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City-County Building, on Monday, August 5, 1985, at four p.m. There were present: Mayor Merle A. Hodges, Chairman presiding · ' Commissioner John F. Burgess Commissioner Joseph M. Ritter Commissioner Stephen C. Ryan Commissioner Sydney S. Soderberg comprising a quorum of the Board, also present: L. O. Bengtson, City Attorney D. L. Harrison, City Clerk Rufus L. Nye, City Manager Absent: None CITIZEN FORUM Bertie Hood, 832 Birch Drive, and Terri Hernandez, 746 Willow Drive, were present to protest the garden plots planned for Centennial Park. Petition Number 3907 was filed protesting this use of Centennial Park for garden plots. Mayor Hodges told these people it would be discussed at the next Recreation Commission meeting. Joe Milbradt, 337 South Ohio, suggested the increase of golf fees not be implemented because it would keep some of the senior citizens from playing golf. Mayor Hodges stated the golf fee increase would be discussed at the next meeting. AWARDS - PROCLAMATIONS (4.1) The Mayor presented a plaque of appreciation to Jerry Brown, past city representative of the Salina Recreation Commission. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing on the Proposed 1986 Budget including Revenue Sharing Funds. (5.1a) Resolution Number 85-3797 - adopting the 1986 Annual Budget. (5.1b) First Reading Ordinance Number 85-9083 - providing for the adoption and appropriation, by fund, of the budget of the City of Salina for the year beginning January 1, 1986; and appropriating money from the various funds to pay payrolls and claims against the City of Salina for the calendar year 1986. There were no protests, written or oral, filed and the mayor declared the public hearing closed. ~ 85-155 Moved by Commissioner Burgess, seconded by Commissioner Ritter that Resolution Number 85-3797 adopting the 1986 Annual Budget be adopted. Aye: (5). Nay: (0). Motion adopted. 85-156 Moved by Commissioner Burgess, seconded by Commissioner Ryan that Ordinance Number 85-9083, providing for the adoption and appropriation, by fund, of the budget of the City of Salina for the year beginning January 1, 1986; and appropriating money from the various funds to pay payrolls and claims against the City of Salina for the calendar year 1986, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting July 22, 1985. (6.2) Resolution Number 85-3798 - adopting the Job Classification and Salary Schedule for city employees, created pursuant to Section 2-51 of the Salina Code, and repealing Resolution Number 84-3725 and all previous resolutions, motions or actions in conflict therewith. (6.3) Resolution Number 85-3799 - A resolution addressing right of way acquisition and utility arrangements relating to the bridge rehabilitation project on the Iron Avenue bridge at the cutoff channel. (6.4) Petition Number 3905 filed by Ron Barta representing Country Estates Owners Association, Inc. for a change of declaration of restrictions. [Refer to City Planning Commission for a recommendation]. (6.5) Petition Number 3906 filed by Dr. Edward Simmons, requesting a waiver of Section 35-133 of the Salina Code to allow the construction of a large circular driveway on Lot 21, Block 1, Victoria Heights Addition. [City Engineer recommends approval. ] (6.6) Resolution Number 85-3800 authorizing the Mayor to execute the attached "Landlord Waiver" in regards to the General Battery Corporation Lease. 85-157 Moved by Commissioner Ritter, seconded by Commissioner Ryan that all items on the Consent Agenda be approved. Aye: (5). Nay: (0). Motion adopted. DEVELOPMENT BUSINESS ~lone ADMINISTRATION (8.1) Second Reading Ordinance Number 84-9015 - 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. [Z84-2 for SR&G Industrial Park Addition to I-3, Heavy Industrial District] 85-158 Moved by Commissioner Ritter, seconded by Commissioner Soderberg that Ordinance Number 84-9015, 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 adopted. Aye: Burgess, Ritter, Ryan, Soderberg, Hodges. (5). Nay: (0). Motion adopted. (8.2) Second Reading Ordinance Number 85-9082 - vacating an unused portion of Grand Boulevard in Block 10 Chicago Addition to the City of Salina, Saline County, Kansas. 85-159 Moved by Commissioner Burgess, seconded by Commissioner Soderberg that Ordinance Number 85-9082, vacating an unused portion of Grand Boulevard in Block 10 Chicago Addition to the City of Salina, Saline County, Kansas be adopted. Aye: Burgess, Ritter, Ryan, Soderberg, Hodges. (5). Nay: (0). Motion adopted. (8.3) First Reading Ordinance Number 85-9084 - 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. 85-160 Moved by Commissioner Ritter, seconded by Commissioner Soderberg that Ordinance Number 85-9084, 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 parkways abutting thereon in the City of Salina, Kansas be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (8.4) First Reading Ordinance Number 85-9085 - levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances on certain lots and parts of lots in the City of Salina, Kansas. 85-161 Moved by Commissioner Burgess, seconded by Commissioner Ritter that Ordinance Number 85-9085, levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances on certain lots and parts of lots in the City of Salina, Kansas be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (8.5) First Reading Ordinance Number 85-9086 - levying assessments against certain property to pay the cost of sidewalk repair on certain lots and parts of lots in the City of Salina, Kansas. 85-162 Moved by Commissioner Ritter, seconded by Commissioner Burgess that Ordinance Number 85-9086, levying assessments against certain property to pay the cost of sidewalk repair on certain lots and parts of lots in the City of Salina, Kansas be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (8.6) First Reading Ordinance Number 85-9087 - providing for the amendment of certain sections of Chapter 5 of the Salina Code relating to the legal age for the consumption of cereal malt beverage, the sale of cereal malt beverages to persons under the legal age for consumption of cereal malt beverages; amending Sections 5-66, 5-71, 5-72, 5-73, and 5-102 of the Salina Code, and repealing the existing sections. 85-163 Moved by Commissioner $oderberg, seconded by Commissioner Burgess~ that Ordinance Number 85-9087, providing for the amendment of certain sections of Chapter 5 of the Salina Code relating to the legal age for the consumption of cereal malt beverage, the sale of cereal malt beverages to persons under the legal age for consumption of cereal malt beverages; amending Sections 5-66, 5-71, 5-72, 5-73, and 5-102 of the Salina Code, and repealing the existing sections be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (8.7) Recommendation from the Building Code Advisory Board that the 1985 editions of the Uniform Building Code, Uniform Mechanical Code and the Uniform Plumbing Code be adopted. (8.7a) First Reading Ordinance Number 85-9088 - adopting, by reference, the 1985 edition of the Uniform Building Code and all appendices, except as to permit and inspection fees, amending Section 8-36 of the Salina Code and repealing the existing section. (8.7b) First Reading Ordinance Number 85-9089 - adopting, by reference, the 1985 edition of the Uniform Plumbing Code, amending Section 8-176 of the Salina Code and repealing the existing section. (8.7c) First Reading Ordinance Number 85-9090 - adopting, by reference, the 1985 edition of the Uniform Mechanical Code and all appendices, except as to permit and inspection fees, amending Sections 8-281 and 8-282 of the Salina Code and repealing the existing section. 85-164 Moved by Commissioner Soderberg, seconded by Commissioner Burgess that Ordinance Number 85-9088, adopting, by reference, the 1985 edition of the Uniform Building Code and all appendices, except as to permit and inspection fees, amending Section 8-36 of the Salina Code and repealing the existing section, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. 85-165 Moved by Commissioner Ritter, seconded by Commissioner Burgess that Ordinance Number 85-9089, adopting, by reference, the 1985 edition of the Uniform Plumbing Code, amending Section 8-176 of the Salina Code and repealing the existing section, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. 85-166 Moved by Commissioner Burgess, seconded by Commissioner Soderberg that Ordinance Number 85-9090, adopting, by reference, the 1985 edition of the Uniform Mechanical Code and all appendices, except as to permit and inspection fees, amending Sections 8-281 and 8-282 of the Salina Code and repealing the existing section, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (8.8) Request by the Salina Housing Authority that the payment in lieu of taxes for fiscal years 1977 to 1983 be forgiven. [Action postponed at the July 22nd meeting] Abner Perney, Director of the Salina Housing Authority, asked the City Commission to forgive the $42,000 in lieu of taxes owned by the Housing Authority for fiscal years 1977 to 1983. Leon Baxter, 319 North Columbia, stated he has rentals and has to pay his taxes and feels that the Housing Authority should pay its taxes. 85-167 Moved by Commissioner Soderberg, seconded by Mayor Hodges that the payment in lieu of taxes owed by the Housing Authority be forgiven. Aye: Soderberg, Hodges (2). Nay: Burgess, Ritter, Ryan (3). Motion defeated. Commissioner Soderberg wants the Commission to consider allowing the Housing Authority to build a $36,000 reserve fund before being required to start paying its back taxes. This is to be discussed at the next meeting. OTHER BUSINESS 85-168 Moved by Commissioner Soderbergl, seconded by Commissioner Ritter that Resolution Number 85-3801, consenting to the sale and transfer by the First National Bank and Trust Company of the Salina, Kansas, Larson Building Center, Inc., Revenue Bonds of 1982 to the J. R. Rauh Trust and consenting to the release of the mortgage on certain real estate, be added to the agenda for consideration. Aye: (5). Nay: (0). Motion adopted. 85-169 Moved by Commissioner Soderberg, seconded by Commissioner Ritter that Resolution Number 85-3801, consenting to the sale and transfer by the First National Bank and Trust Company of the Salina, Kansas Larson Building Center, Inc. Revenue Bonds of 1982 to the J. R. Rauh Trust and consenting to the release of the mortgage on certain real estate, be adopted. Aye: (5). Nay: (0)o Motion adopted. 85-170 Moved by Commissioner Burgess, seconded by Commissioner Ryan that the regular meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). The meeting adjourned at 4:32 p.m. ~/e~A~. Hodges, M.D., Mayor [SEAL] ATTEST: D. L. Harrison, City Clerk