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01-09-1984 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS JANUARY 9, 1984 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, January 9, 1984, at four o'clock p.m. There were present: Mayor John F. Burgess, Chairman presiding Commissioner Fortino B. Bonilla Commissioner Merle A. Hodges Commissioner Charles B. Roth Commissioner Joseph M. Ritter comprising a quorum of the Board, also present: L. 0. Bengtson, City Attorney D. L. Harrison, City Clerk Rufus L. Nye, City Manager None CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The Mayor proclaimed Sunday, January 15, 1984 - "DR. MARTIN LUTHER KING, JR. COMMEMORATION DAY". The proclamation was read by Rev. J. E. Jones, publicity chairman of the Martin Luther King ad hoc committee. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the minutes of the Regular Meeting December 19, 1983. (6.2) Request from Wallace W. Storey that Section 4 of Ordinance Number 8603 be amended, and for a break in the restricted access control on the west side of Broadway Boulevard. 84-1 Moved by Commissioner Bonilla, seconded by Commissioner Hodges 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 Wally Storey, Jr. be granted a 6 month extension to complete the platting of the property on which tentative rezoning approval was granted in Ordinance Number 82-8911. [Zoning Application 82-2] 84-2 Moved by Commissioner Roth, seconded by Commissioner Hodges that the recommendation of the City Planning Commission be accepted and that Wally Storey, Jr. be granted a 6 month extension to complete the platting of the property described in Zoning Application 82-2. Aye: (5). Nay: (0). Motion adopted. (7.2) Recommendation from the City Planning Commission that Annexation Application 83-2, filed by Gary L. and Kathleen J. Brown, for the annexation of approximately 3.08 acres in Lot 4, Surveyor's Plat 18, be approved. 84-3 Moved by Commissioner Ritter, seconded by Commissioner Roth that the recommendation of the City Planning Commission be accepted and that Ordinance Number 84-8993, annexing certain land to the City of Salina, Saline County, Kansas, in conformity with the provisions of K.S.A. 12-519 to 12-526, inclusive, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. 208 84-6 Moved by Commissioner Hodges, seconded by Commissioner Bonilla that Ordinance Number 84-8987, 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: Bonilla, Hodges, Ritter, Roth, Burgess (5). Nay: (0). Motion adopted. (8.2) Second Reading Ordinance Number 84-8988 - 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. [PDD Application 83-4] 84-7 Moved by Commissioner Bonilla, seconded by Commissioner Hodges that Ordinance Number 84-8988, 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: Bonilla, Hodges, Ritter, Roth, Burgess (5). Nay: (0). Motion adopted. (8.3) Second Reading Ordinance Number 84-8989 - 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. [PDD Application 83-5] 84-8 (7.3) Recommendation from the City Planning Commission that Zoning Application 83-5, filed by Tim Howison, for the rezoning of the South 60' of Lots 21 and 23, Kirwin Avenue, Addition to the Grounds of Kansas Wesleyan University, be denied. 84-4 Moved by Commissioner Ritter, seconded by Commissioner Roth, that Zoning Application 83-5 be referred back to the City Planning Commission to be reconsidered on its own merits. Aye: (5). Nay: (0). Motion adopted. (7.4) Recommendation from the City Planning Commission that Zoning Application 83-6, filed by D. E. and Deborah L. Kempton, for the rezoning of 84-9 the North 100' of Lot 8, except the East 130', Surveyor's Plat 12, be denied. 84-5 Moved by Commissioner Roth, seconded by Commissioner Hodges that the recommendation of the City Planning Commission be accepted, and that Zoning 1section, Application 83-6 be denied. Aye: (5). Nay: (0). Motion adopted. ADMINISTRATION (8.1) Second Reading Ordinance Number 84-8987 - 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. [PDD Application 83-31 84-6 Moved by Commissioner Hodges, seconded by Commissioner Bonilla that Ordinance Number 84-8987, 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: Bonilla, Hodges, Ritter, Roth, Burgess (5). Nay: (0). Motion adopted. (8.2) Second Reading Ordinance Number 84-8988 - 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. [PDD Application 83-4] 84-7 Moved by Commissioner Bonilla, seconded by Commissioner Hodges that Ordinance Number 84-8988, 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: Bonilla, Hodges, Ritter, Roth, Burgess (5). Nay: (0). Motion adopted. (8.3) Second Reading Ordinance Number 84-8989 - 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. [PDD Application 83-5] 84-8 Moved by Commissioner Roth, seconded by Commissioner Ritter that Ordinance Number 84-8989, 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: Bonilla, Hodges, Ritter, Roth, Burgess (5). Nay: (0). Motion adopted. (8.4) Second Reading Ordinance Number 84-8990 - adopting, by reference, the 1984 National Electrical Code; Section amending 8-66 of the Salina Code and repealing said original section. 84-9 Moved by Commissioner Ritter, seconded by Commissioner Bonilla that Ordinance Number 84-8990, adopting, by reference, the 1984 National Electrical Code; amending Section 8-66 of the Salina Code and repealing said original 1section, be adopted. Aye: Bonilla, Hodges, Ritter, Roth, Burgess (5). Nay: (0). Motion adopted. 9� (8.5) Second Reading Ordinance Number 84-8991 - repealing Section 8-68 of the Salina Code, which pertains to the size of service required in every new single family dwelling. 84-10 Moved by Commissioner Bonilla, seconded by Commissioner Ritter that Ordinance Number 84-8991, repealing Section 8-68 of the Salina Code, which pertains to the size of service required in every new single family dwelling, be adopted. Aye: Bonilla, Hodges, Ritter, Roth, Burgess (5). Nay: (0). Motion adopted. (8.6) Second Reading Ordinance Number 84-8992 - authorizing the issuance of $450,000 Industrial Revenue Bonds for Santa Fe Office Plaza. 84-11 Moved by Commissioner Ritter, seconded by Commissioner Bonilla that Ordinance Number 84-8992, authorizing the City of Salina, Kansas, to purchase and acquire certain real estate located within the corporate limits of the city and to reconstruct and remodel on said real estate certain buildings and improvements to be leased to Santa Fe Office Plaza, a partnership of Salina, Kansas; authorizing and directing the issuance of $450,000 principal amount of Salina, Kansas Santa Fe Office Plaza Revenue Bonds of 1983 of said city for the purpose of providing funds for the purchase and acquisition of the real estate and the reconstruction and remodeling of the improvements on said real estate to be used for commercial facilities to be leased to Santa Fe Office Plaza; and prescribing the form and authorizing the execution of a lease between the city and Santa Fe Office Plaza, be adopted. Aye: Bonilla, Hodges, Ritter, Roth, Burgess (5). Nay: (0). Motion adopted. (8.7) First Reading Ordinance Number 84-8994 - repealing Ordinance Number 82-8913 which provides for the rezoning of part of Lot 2, Surveyor's Plat 18; Part of Lot 1, Surveyor's Plat 34, and part of Lot 1, Surveyor's Plat 8. [Requested by Mary A. Brown, trustee of the Harold E. Brown Trust #11 84-12 Moved by Commissioner Roth, seconded by Commissioner Ritter that Ordinance Number 84-8994, repealing Ordinance Number 82-8913, which provides for the rezoning of part of Lot 2, Surveyor's Plat 18; Part of Lot 1, Surveyor's Plat 34, and part of Lot 1, Surveyor's Plat 8, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (8.8) First Reading Ordinance Number 84-8995 - vacating a portion of a certain utility easement in Platten Subdivision. [Requested in Petition Number 3863, filed by Natalie Hanson] 84-13 Moved by Commissioner Hodges, seconded by Commissioner Bonilla that Ordinance Number 84-8995, vacating a portion of a certain utility easement in Platten Subdivision, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (8.9) First Reading Ordinance Number 84-8996 - providing for the maintenance, preservation and protection of public records, and establishing procedures for accessing and copying open public records; enacting Article VIII of Chapter 2 of the Salina Code. Dick Worth, 611 Max, said the citizens need to have their rights protected in getting access to public records. 84-14 Moved by Commissioner Roth, seconded by Commissioner Ritter that Ordinance Number 84-8996, providing for the maintenance, preservation and protection of public records, and establishing procedures for accessing and copying open public records; enacting Article VIII of Chapter 2 of the Salina Code be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (8.10) Resolution Number 84-3686 - establishing fees to be charged to persons for accessing and/or copying open public records. Bryan Thompson, KINA, asked about the charge of $10.00 per hour and $3.00 for the first page as being reasonable. He also asked about the shut-off of police records to the news. Mary Maley, 141 South 10th, expressed her concern about access to geneological records. She was told this would not be a problem. 84-15 84-16 Moved by Commissioner Hodges, seconded by Commissioner Bonilla that Resolution Number 84-3686, establishing fees to be charged to persons for accessing and/or copying open public records, be adopted. Aye: (5). Nay: (0). Motion adopted. OTHER BUSINESS None Moved by Commissioner Roth, seconded by Commissioner Bonilla that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion adopted. The meeting adjourned at 4:25 p.m. (SEAL) ATTEST: D. L. Harrison, City Clerk o n F. Burge'g't,yor