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08-20-1984 Minutes16 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS AUGUST 20, 1984 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, August 20, 1984, at four p.m. There were present: Mayor Charles B. Roth, Chairman presiding Commissioner John F. Burgess Commissioner Merle A. Hodges Commissioner Joseph M. Ritter comprising a quorum of the Board, also present: Rufus L. Nye, City Manager Jacqueline Shiever, Acting City Clerk Absent: Commissioner Fortino B. Bonilla L. 0. Bengtson, City Attorney D. L. Harrison, City Clerk CITIZEN FORUM None AWARDS AND PROCLAMATIONS None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting August 13, 1984. (6.2) Resolution Number 84-3730 - authorizing and ordering certain curbing, guttering, paving and grading improvements, ordering preparation of plans and specifications and the estimate of costs. [Improvements were requested by Byron F. Hutchison in Petition Number 3877] 84-195 Moved by Commissioner Ritter, seconded by Commissioner Burgess 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 84-11, filed by American Stores Properties, Inc. for the rezoning of a tract of land in the South i of the SE* 26-14-3 to C-5 Service Commercial District be approved subject to the approval of the final plat of the property. (Introduce Ordinance Number 84-9040 first reading) 84-196 Moved by Commissioner Hodges, seconded by Commissioner Ritter that the recommendation of the City Planning Commission be accepted and that Ordinance Number 84-9040, 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. (7.2) Recommendation from the City Planning Commission that Plat Application 83-4A, filed by R & D Investments, for the approval of the final Plat of East Bank Estates Addition be approved. 84-197 Moved by Commissioner Burgess, seconded by Commissioner Ritter that action on the final plat of East Bank Estates Addition be indefinitely postponed until such a time as the applicant confers with the City Manager and includes the necessary language to prohibit the further subdivision of the property. Said language to be satisfactory to the City Manager before this matter is to be reconsidered. Aye. (4). Nay: (0). Motion adopted. Mrs. Ogborn and the Commissioners discussed restrictive covenants and restrictions on the deeds. 84-199 84-200 84-201 84-202 84-203 ADMINISTRATION (8.1) Second Reading Ordinance Number 84-9034 - providing for the adoption and appropriation, by fund, of the budget of the City of Salina for the year beginning January 1, 1985; and appropriating money from the various funds to pay payrolls and claims against the City of Salina for the calendar year of 1985. Moved by Commissioner Burgess, seconded by Commissioner Hodges that Ordinance Number 84-9034, providing for the adoption and appropriation, by fund, of the budget of the City of Salina, for the year beginning January 1, 1985; and appropriating money from the various funds to pay payrolls and claims against the City of Salina for the calendar year of 1985, be adopted. Aye: Burgess, Hodges, Ritter, Roth (4). Nay: (0). Commissioner Bonilla absent. Motion adopted. (8.2) Second Reading Ordinance Number 84-9035 - 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. [Zoning Application 84-10 filed by Robert E. Messenger for the rezoning of Lots in Block 1, Cloverdale Addition] Moved by Commissioner Hodges, seconded by Commissioner Ritter that Ordinance Number 84-9035, 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, Hodges, Ritter, Roth (4). Nay: (0). Commissioner Bonilla absent. Motion adopted. (8.3) Second Reading Ordinance Number 84-9036 - 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 Ritter, seconded by Commissioner Hodges that Ordinance Number 84-9036, 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 adopted. Aye: Burgess, Hodges, Ritter, Roth (4). Nay: (0). Commissioner Bonilla absent. Motion adopted. (8.4) Second Reading Ordinance Number 84-9037 - levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances located on certain property in the City of Salina, Kansas. Moved by Commissioner Burgess, seconded by Commissioner Hodges that Ordinance Number 84-9037, levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances located on certain property in the City of Salina, Kansas, be adopted. Aye: Burgess, Hodges, Ritter, Roth (4). Nay: (0). Commissioner Bonilla absent. Motion adopted. (8.5) Second Reading Ordinance Number 84-9038 - levying special assessments against certain property to pay the cost of sidewalk repair on certain lots and parts of lots in the City of Salina, Kansas. Moved by Commissioner Ritter, seconded by Commissioner Burgess that Ordinance Number 84-9038, levying special 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 adopted. Aye: Burgess, Hodges, Ritter, Roth (4). Nay: (0). Commissioner Bonilla absent. Motion adopted. (8.6) Second Reading Ordinance Number 84-9039 - prohibiting loitering on or in public places to the detriment or annoyance of the adjacent property owners and persons using said public property. Moved by Commissioner Hodges, seconded by Commissioner Burgess that second reading of Ordinance Number 84-9039 be postponed one week to allow Commissioner Bonilla an opportunity to vote on this ordinance. Aye: (4). Nay: (0). Motion adopted. 84-204 84-205 84-206 (8.7) Recommendation from the Building Code Advisory Board that Section 807(c) of the Uniform Mechanical Code be amended to allow certain unvented space heaters. (8.7a) First Reading Ordinance Number 84-9041 - amending Section 807(c) of the Uniform Mechanical Code to permit the installation of the unvented space heaters with oxygen depletion sensors under certain conditions. Moved by Commissioner Ritter, seconded by Commissioner Hodges that the recommendation of the Building Code Advisory Board be accepted and that Ordinance Number 84-9041, amending Section 807(c) of the Uniform Mechanical Code be amended to permit the installation of the unvented space heaters with oxygen depletion sensors under certain conditions, be introduced for first reading. Aye: Hodges, Ritter, Roth (3). Nay: Burgess (1). Motion adopted. (8.8) Resolution Number 84-3731 - determining the reasonable and safe maximum speed limit for trucks on certain arterial streets within the City of Salina. Moved by Commissioner Hodges, seconded by Commissioner Burgess that Resolution Number 84-3731, determining the reasonable and safe maximum speed limit for trucks on certain arterial streets within the City of Salina, be adopted. Aye: (4). Nay: (0). Motion adopted. (8.9) Report of Business Improvement District #1. There was no report and the Commission took no action. Moved by Commissioner Hodges, seconded by Commissioner Ritter that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion adopted. The meeting adjourned at 4:14 p.m. [SEAL] ATTEST: E . L. Karrison, City Clerk