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09-10-1979 Minutes63 City of Salina, Kansas Regular Meeting of the Board Of Commissioners September 10, 1979 The Regular Meeting of the Board of Commissioners met in the City Commission Meeting Room, City -County Building, on Monday, September 10, 1979 at four o'clock p.m. There were present: Mayor Karen M. Graves, Chairman presiding Commissioner Roy W. Allen Commissioner Dan S. Geis Commissioner Merle A. Hodges comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Rufus L. Nye, City Manager Jacqueline Shiever, Acting City Clerk Absent: Commissioner Keith G. Duckers D. L. Harrison, City Clerk AWARDS - PROCLAMATIONS THE MAYOR PROCLAIMED the Week of September 10 through 16, 1979 - "NATIONAL HISPANIC HERITAGE WEEK". The proclamation was read by Lucy Guzman. THE MAYOR PROCLAIMED the Week of September 17 through 23 - "CONSTITUTION WEEK". The proclamation was read by Anna Laura Miller. THE MAYOR PROCLAIMED the two Weeks of September 10 through 23, 1979 - "ART IS UPON THE TOWN". The proclamation was sung by June Meador. CONSENT AGENDA Approval of the Minutes of the Regular Meeting of August 27, 1979. Petition Number 3774, filed by M & S Enterprises, Inc. for curbing, guttering, paving, grading, storm sewer, water mains and services and sanitary sewers to serve certain lots in Meyer Addition. (To be referred to the City Engineer to be checked for sufficiency.) City Engineer filed plans and specifications for Engineering Project 79-653 to resurface the east three tennis courts in Sunset Park. Bids to be received September 27, 1979. City Engineer filed plans and specifications for Engineering Project 79-654 for street and utility improvements in Northeast Industrial Park and East Gardens Addition, requested in Petition Number 3770. Bids to be received September 27, 1979. City Engineer filed plans and specifications for Engineering Project 79-656 for the West Crawford Water Main. Bids to be received September 27, 1979. Moved by Commissioner Geis, seconded by Commissioner Hodges that all items on the consent agenda be approved. Aye: (4). Nay: (0). Motion adopted. 1 64 DEVELOPMENT BUSINESS Moved by Commissioner Geis, seconded by Commissioner Allen that Plannec Development District Application 79-3, filed by Burwell, Butcher and Roberts, for the rezoning of Lot 2, less the East 200 feet, Surveyor's Plat 52, be referred back to the City Planning Commission for its reconsideration, because of the Commission's concern about the proposed river crossing into Kenwood Park and the cut in the median on Ohio for left turns. Aye: (4). Nay: (0). Motion adopted. John Mize and Nathan Butcher represented the applicant. Ann Gafford, representing the League of Women Voters, opposed approval of the river crossing into Kenwood Park. Moved by Commissioner Geis, seconded by Commissioner Allen that the recommendation of the City Planning Commission to approve Planned Development District Application 79-4, filed by Frank E. Roth, for the rezoning of Block 24, Schilling Subdivision, be approved and that the Rezoning Ordinance Number 8752 be introduced for first reading. Aye: (4). Nay: (0). Motion adopted. ADMINISTRATION Moved by Commissioner Hodges, seconded by Commissioner Geis that Ordinance Number 8736, dividing the city into one ward and thirty-three precincts amending Chapter 11 of the Salina Code and repealing the existing Chapter 11, be adopted. Aye: Allen, Geis, Hodges, Graves (4). Nay: (0). Motion adopted. Moved by Commissioner Geis, seconded by Commissioner Hodges, that Ordinance Number 8740, repealing Section 9-2 of the Salina Code, describing the fire zones, be adopted. Aye: Allen, Geis, Hodges, Graves (4). Jay: (0). Motion adopted. Moved by Commissioner Allen, seconded by Commissioner Hodges that Ordinance Number 8741, adopting by reference, the 1979 Edition of the Uniform Building Code and all appendices, amending Section 9-18 of the Salina Code and repealing the existing section. Aye: Allen, Geis, Hodges, Graves (4). Nay: (0). Motion adopted. Moved by Commissioner Hodges, seconded by Commissioner Geis that Ordinance Number 8742, adopting, by reference, the 1979 Edition of the Uniform Sign Code, except as modified by Article IV of Chapter 9, of the Salina Code, amending Section 9-63 of the Salina Code and repealing the existing section. Aye: Allen, Geis, Hodges, Graves (4). Nay: (0). Motion adopted. Moved by Commissioner Allen, seconded by Commissioner Hodges that Ordinance Number 8743, amending Section 9-163 of the Salina Code, establishing electrical permit fees; and repealing the existing section, be adopted. Aye: Allen, Geis, Hodges, Graves (4). Nay: (0). Motion adopted. Moved by Commissioner Hodges, seconded by Commissioner Allen, that Ordinance Number 8744, adopting, by reference, the 1979 Edition of the Uniform Plumbing Code, amending Section 9-200 of the Salina Code and repealing the existing section, be adopted. Aye: Allen, Geis, Hodges, Graves (4). Nay: (0). Motion adopted. Moved by Commissioner Allen, seconded by Commissioner Hodges that Ordinance Number 8745, repealing Section 9-203 of the Salina Code, relating to plumbing permit fees, be adopted. Aye: Allen, Geis, Hodges, Graves (4). Nay: (0). Motion adopted. Moved by Commissioner Hodges, seconded by Commissioner Geis that )rdinance Number 8746, amending Section 608 of the Uniform Plumbing Code, amendinc ;ection 9-205.1 of the Salina Code and repealing the existing section, be adopted. lye: Allen, Geis, Hodges, Graves (4). Nay: (0). Motion adopted. Moved by Commissioner Allen, seconded by Commissioner Hodges that ordinance Number 8747, repealing Section 9-235 of the Salina Code, relating to emperature and pressure relief valve, be adopted. Aye: Allen, Geis, Hodges, raves (4). Nay: (0). Motion adopted 1 1 66 Moved by Commissioner Hodges, seconded by Commissioner Geis that Ordinance Number 8748, amending Section 9-389 of the Salina Code elevator safety code, and repealing the existing section, be adopted. Aye: to Allen, Geis, Hodges, Graves (4). Nay: (0). Motion adopted. Moved by Commissioner Allen, seconded by Commissioner Geis that Ordinance Number 8749, adopting, by reference, the 1979 Edition of the Uniform Mechanical Code and all appendices, amending Section 9-440 of the Salina Code and repealing the existing section, be adopted. Aye: Allen, Geis, Hodges, Graves (4). Nay: (0). Motion adopted. Moved by Commissioner Geis, seconded by Commissioner Allen that Ordinance Number 8750, adopting, by reference, the 1979 Edition of the Uniform Code for the Abatement of Dangerous Buildings, be adopted. Aye: Allen, Geis, Hodges, Graves (4). Nay: (0). Motion adopted. Moved by Commissioner Geis, seconded by Commissioner Hodges that Resolution Number 3446, authorizing and ordering certain curbing, guttering, improvements, ordering preparation of plans and specifications, and the paving and grading, water main and services and sanitary sewer service line . estimate of costs, be adopted. (Engineering Project 79-654) Aye: Allen, Geis, Hodges, Graves (4). Nay: (0)Motion adopted. Moved by Commissioner Geis, seconded by Commissioner Allen that Resolution Number 3447, authorizing a domestic violence grant from the Governor's Council for Criminal Administration and designating the Abused Women's Task Force as subgrantee and recipient, be adopted. Aye: Allen, Geis, Hodges, Graves (4)• Nay: (0). Motion adopted. Moved by Commissioner Allen, seconded by Commissioner Hodges that the staff recommendation on a petition filed by Mrs. Virgil Boyle, requesting that the Commission revert City Parking Lot # 8 to a parking area for permit holders, be postponed until the last week of January and that Parking Lot # 8 remain as it is pending further study by the staff and Downtown Parking Committee through the holiday season. Aye: (4). Nay: (0). Motion adopted. Moved by Commissioner Geis that the staff recommendation on a petition filed by Virgil Newland requesting modification of Section 8-11 of the Salina Code to prohibit a property owner from keeping any fowl within the City, be accepted and that no change be made in Section 8-11 of the Salina Code. Motion died for the lack of a second. Moved by Commissioner Hodges that Section 8-11 of the Salina Code be amended so no fowl are allowed to be kept in the City. Motion died for the lack of a second. Moved by Commissioner Allen, seconded by Commissioner Hodges that staff be instructed to study the whole spectrum of animal control in the city limits. Aye: (4). Nay: (0). Motion adopted. Moved by Commissioner Hodges, seconded by Commissioner Allen that Ordinance Number 8751, annexing certain land to the City of Salina, Kansas, in conformity with the provisions of K.S.A. 12-519 to 12-526, inclusive, and repealing Ordinance Number 8726, be adopted. Aye: Allen, Geis, Hodges, Graves (4). Nay: (0). Motion adopted. OTHER BUSINESS Moved by Commissioner Hodges, seconded by Commissioner Geis that appointments to Boards and Commissions be added to the agenda for consideration. eye: (4). Nay: (0). Motion adopted. THE MAYOR, with the approval of the Board of Commissioners, made the ollowing appointments: Board of Electrical Examiners Jerry Robertson, Electrical Engineer, appointed to succeed Rod Anderson or a 2 year term to July 24, 1981. Bill Jolly, Electrical Contractor, appointed to succeed Robert Hoeffner 3r a 2 year term to July 24, 1981. 1 J 60 Grievance Committee Kathy Dupy, appointed to succeed Ralph E. Brown, for a 3 year term to August 9, 1982. Library Board Marlene Moore, appointed to fill the unexpired term of Joe Roche, to April 30, 1981. Housing Advisory and Appeals Board Wendell Kellogg, reappointed for a 3 year term to September 15, 1982. Commissioner Geis said he has had calls about the excessive traffic noise on South Santa Fe during the evening and night, and suggested Section 23- 149 regarding a 10:30 P.M. curfew for children 16 and younger, and Section 22- 309 regarding muffler systems be enforced since they are already on the books. Moved by Commissioner Allen, seconded by Commissioner Hodges, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion adopted. The meeting adjourned at 5:38 P.M. (SEAL) ATTEST: rLr--- D. L. Harrison, City Clerk Karen M. Graves, Mayor