06-02-1980 Minutes145
Commission
Action # CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JUNE 2, 1980
4:00 P.M.
The Regular Meeting of the Board of Commissioners met in the City Commission
Meeting Room, City -County Building, on Monday, June 2, 1980, at four o'clock P.M.
comprising a quorum of the board, also present:
L. 0. Bengtson, City Attorney
D. L. Harrison, City Clerk
Rufus L. Nye, City Manager
Absent:
None
None
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The Mayor presented a plaque and gavel to Commissioner Karen M. Graves,
for her term as Mayor from April 16, 1979 to April 21, 1980.
(4.2) The Mayor presented plaques of appreciation to past board and commission
members: Lyle Lightfoot, City Planning Commission and Norman Yenkey, Board of
Zoning Appeals and City Planning Commission.
(4.3) The Mayor proclaimed the Month of June, 1980 - "RECREATION AND PARK
MONTH". The proclamation was read by Anne Gearhart, Program Supervisor for the
Qepartment of Community Services.
None
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting of May 19, 1980.
(6.2) Petition Number 3786, filed by Asbury Hospital, to make the west side
of the 400 block of Santa Fe from South Street to the Asbury Hospital Emergency
Driveway a Loading and Unloading Passenger Zone Only from 8 a.m. to 8 p.m. and
the section of street directly in front of the hospital entrance on Santa Fe a No
Parking Zone.
(6.3) Resolution Number 80-3491, designating a zone for handicapped parking
in the 100 block of North Seventh Street.
(6.4) Cereal malt beverage license application, filed by Eldene Moreno, d/b/a
La Hacienda, 641 South Broadway. (Transfer of location from 1409 !Jest Crawford)
(6.5) Report from the Traffic Engineer making recommendations on the school
crossings at the intersections of Iron Avenue and Indiana Avenue, and Iron Avenue
and Wisconsin Avenue.
There were present:
Mayor Dan S.
Geis,
Chairman presiding
Commissioner
Roy W.
Allen
Commissioner
Keith
G. Duckers
Commissioner
Karen
M. Graves
Commissioner
Merle
A. Hodges
comprising a quorum of the board, also present:
L. 0. Bengtson, City Attorney
D. L. Harrison, City Clerk
Rufus L. Nye, City Manager
Absent:
None
None
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The Mayor presented a plaque and gavel to Commissioner Karen M. Graves,
for her term as Mayor from April 16, 1979 to April 21, 1980.
(4.2) The Mayor presented plaques of appreciation to past board and commission
members: Lyle Lightfoot, City Planning Commission and Norman Yenkey, Board of
Zoning Appeals and City Planning Commission.
(4.3) The Mayor proclaimed the Month of June, 1980 - "RECREATION AND PARK
MONTH". The proclamation was read by Anne Gearhart, Program Supervisor for the
Qepartment of Community Services.
None
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting of May 19, 1980.
(6.2) Petition Number 3786, filed by Asbury Hospital, to make the west side
of the 400 block of Santa Fe from South Street to the Asbury Hospital Emergency
Driveway a Loading and Unloading Passenger Zone Only from 8 a.m. to 8 p.m. and
the section of street directly in front of the hospital entrance on Santa Fe a No
Parking Zone.
(6.3) Resolution Number 80-3491, designating a zone for handicapped parking
in the 100 block of North Seventh Street.
(6.4) Cereal malt beverage license application, filed by Eldene Moreno, d/b/a
La Hacienda, 641 South Broadway. (Transfer of location from 1409 !Jest Crawford)
(6.5) Report from the Traffic Engineer making recommendations on the school
crossings at the intersections of Iron Avenue and Indiana Avenue, and Iron Avenue
and Wisconsin Avenue.
146
(6.6) Report from Keith Rawlings that no bids were received for the property
at 630 Park Place, and recommended June 26, 1980 be set to receive bids again.
(6.7) Report from the City Engineer that Petition Number 3783, filed by Duane
Pollard, for recessed parking at 107 - 109 East Ellsworth, be denied.
80-146 Moved by Commissioner Duckers, seconded by Commissioner Allen 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 to approve Petition
Number 3740, filed by Lee Haworth, for the approval of the final plat of Twin
Oaks II Addition.
80-147 Moved by Commissioner Graves, seconded by Commissioner Hodges that the
recommendation of the City Planning Commission be accepted and the Final Plat of
Twin Oaks II Addition be approved, and that the Mayor be authorized to sign the
plat. Aye: (5). Nay: (0). Motion adopted.
(7.2) Recommendation from the City Planning Commission to approve Application
P80 -4A, filed by John Mize, for the approval of the Final Plat of Interstate
District North of 1-70 Number 2.
80-148 Moved by Commissioner Duckers, seconded by Commissioner Allen that the
recommendation of the City Planning Commission be accepted and the Final Plat of
Interstate District North of 1-70 Number 2 be approved, and that the Mayor be
authorized to sign the plat. Aye: (5). Nay: (0). Motion adopted.
(7.3) Recommendation from the City Planning Commission to deny Zoning
Application 80-6, filed by E. W. Yockers, for the rezoning of Lot 19, Block 13,
Oakdale Addition, from R-2 to R-3.
80-149 Moved by Commissioner Hodges, seconded by Commissioner Graves that the
recommendation of the City Planning Commission be accepted and Zoning Application
80-6 be denied. Aye: (5). Nay: (0). Motion adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 80-8794, Salina Animal Control and
Protection ordinance.
80-150 Moved by Commissioner Graves, seconded by Commissioner Hodges that
Ordinance Number 80-8794, pertaining to the control and protection of animals,
amending Articles I and II of Chapter 8 of the Salina Code and repealing the
existing articles. This ordinance shall be known and may be cited as the Salina
Animal Control and Protection Ordinance, be adopted.
Rachel Bohonman, Janet Rains, Babette Freeman, Dr. Tom Cure, Dr. K. L.
Evy were against the three year rabies vaccination.
Ann and Lyle Lightfoot were concerned about commercial kennel only
being allowed to keep 20 dogs.
Mark Roberts, owner of a pet shop was concerned about what pets he
would be allowed to keep.
Jacque Young, Brenda O'Gorman and others of the Salina Kennel Club
said there are no provisions for hobby breeders in this ordinance.
Owen Bertram said you can't force people to neuter their animals. We
need a good dog ordinance but not this one.
Gayle Rose and daughter, Sally Lambert, Lenora Snyder, Nancy Schroeder,
Nancy Hodges of the Humane Society feel this ordinance is fine the way it is
written.
Marty Vanier is concerned about rabies control in the County.
Mildred McPhail wants stricter enforcement of the leash law we have
now.
Statement prepared on May 30, 1980
and presented by J. Dean Boone to the
City Commission of Salina, Kansas on June 9, 1980
The present minimum Housing Code was clearly rejected by the Citizens of
Salina in 1976. I personally participated in the rejection of forced home
inspections, and the extreme requirements this code imposes on the homeowner.
Early in 1979, the Finance Committee asked the C.A.C. to recommend the City
of Salina adopt an Occupancy Permit Program. I appointed a Committee of
C.A.C. members, including myself, to investigate that proposal. We very
quickly agreed an Ordinance requiring inspections of a housing unit before
a new owner or occupant could move in, was not acceptable. And again, the
Minimum Housing Code carne into the picture. Again we found it unreasonable -
yet still an ordinance of Salina.
During the past year (1979), this Committee worked in conjunction with the
City Planner and Building Inspector, and with additional input by our Fire
Chief, to rewrite this Code. We reviewed every word of the Minimum Housing
Code, and we cut, changed and rewrote every item we found unreasonable. We
also removed the right of the Inspector to make an inspection without the
approval of the owner or occupant. The only way an inspection can be made
without the approval is for the inspector to go to Court and prove the need
for a search warrant. This is not easily achieved and affords the best
protection of our threshold rights. That principal should be included in
any ordinance not addressing eminent life or death matters.
At the Focus Meeting on May 22, 1980, I was very pleased with the City
Commission's receptiveness and approval of our proposal for a greatly dimin-
ished Housing Code, and as you should recall, at that meeting, Mr. Nye, City
Manager,explained that after 1973 HUD nor any other agency requires a
Housing Code of any kind for Salina to participate in the Federally Funded
Community Development Program. You may also remember the surprise this
statement was to the C.A.C. members present. Until that day we did not
know this Code was not required.
Following that Focus Meeting, the members of the C.A.C. Housing Code Committee
confirmed to me they understood Salina was required to have a Housing Code.
Why were we allowed to work this past year with that understanding?
I have worked on local and state levels to protect property rights. I am
opposed to unnecessary governmental intrusions in the private lives of our
citizens.
I will not be used to perpetuate unnecessary regulations for any reason.
Because of the aforestated, and with respect to the members of this Commission
and the members of the C.A.C. (they are good people), I find it necessary to
resign as Chairman of the Citizens Advisory Committee.
As an individual, I refuse to support a Housing Code for the City of Salina,
that intrud $ in the�pravate lives and property rights of our Citizens.
Resp!fyy,
Q n --Bo
Chairman, Citizens Advisory Committee
147
80-151 Moved by Commissioner Graves, seconded by Commissioner Hodges that
Section 8-1(15) be amended by adding "or any method accepted by the American
Veterinary Medical Association". Aye: (5)• Nay: (0). Motion adopted.
80-152 Moved by Commissioner Hodges, seconded by Commissioner Graves that
Section 8-1(20) be amended to read "Any person who feeds or shelters any unowned
animal for twenty-four (24) hours ..." Aye: (5). Nay: (0). Motion adopted.
80-153 Moved by Commissioner Allen, seconded by Commissioner Duckers that
Section 8-15(3) be deleted. Aye: (5). Nay: (0). Motion adopted.
80-154 Moved by Commissioner Graves, seconded by Commissioner Allen that
Section 8-26(1) be amended to read: "The owning of any wild, poisonous, or
vicious animal within the city limits is hereby prohibited, except for those wild
animals kept under the permit of the Kansas Fish and Game Commission or the U. S.
Fish and Wildlife Service, or any animal used for educational purposes..." Aye:
(5). Nay: (0). Motion adopted.
80-155 Moved by Commissioner Hodges, seconded by Commissioner Duckers that the
City Manager be instructed to draft an amendment for pet shops. Aye: (5)• Nay:
(0). Motion adopted.
80-156 Moved by Commissioner Duckers, seconded by Commissioner Allen that
Section 8-47 be amended to read: "Any person owning any cat or dog over one
hundred twenty (120) days of age shall be required to have such animal currently
immunized against rabies. For the purpose of this Chapter, "currently immunized
or vaccinated against rabies' shall mean that such dog has been inoculated against
rabies by a licensed veterinarian within the past twenty-four (24) months ..."
Aye: (5)• Nay: (0). Motion adopted.
80-157 Moved by Commissioner Allen, seconded by Commissioner Graves that
Section 8-73 be amended to read: "It shall be the duty of any person owning in
the city any cat or dog over one hundred twenty (120) days of age to register
such cat or dog with the City Clerk, ..." Aye: (5). Nay: (0). Motion adopted.
80-158 Moved by Commissioner Graves, seconded by Commissioner Allen that
Section 8-123(1) be amended to read: "The owner of any impounded cat or dog
properly identified as prescribed in Section 8-121 of this Chapter shall be given
five (5) business days to recover such animal. The owner of any impounded cat or
dog not so identified shall be given three (3) business days to recover such
animal..." Aye: (5). Nay: (0). Motion adopted.
80-159 Moved by Commissioner Hodges, seconded by Commissioner Duckers that the
City Manager be instructed to draft an amendment to deal with hobby breeders.
Aye: (5). Nay: (0). Motion adopted.
The Mayor called for a vote on pending motion 80-150, to adopt Ordinance
Number 80-8794 as amended. Aye: (5). Nay: (0). Motion adopted.
(8.2) Resolution Number 80-3490, establishing certain fees required in
Chapter 8 of the Salina Code.
80-160II Moved by Commissioner Hodges, seconded by Commissioner Allen, that
Resolution Number 80-3490 be adopted.
Babette Freeman, Brenda O'Gorman, Jacque Young were against the $13.00
fee for unneutered dogs.
80-161 Moved by Commissioner Allen, seconded by Commissioner Hodges that
action be postponed one week to adopt Resolution 80-3490. Aye: (5). Nay: (0).
Motion adopted.
148
OTHER BUSINESS
The Mayor, with the approval of the Board of Commissioners, made the
following appointments:
Board of Plumbing Appeals
Dan Bachofer, Master Plumber, reappointed for a 2 year term to June 24, 1982.
Earl Caldwell, Journeyman Plumber, reappointed for a 2 year term to June 24, 1982.
James M. Hall, III, Mechanical Engineer, reappointed for a 2 year term to June 24,
1982.
Building Code Advisory Board
Bob Gile, Plumbing Contractor, reappointed for a 3 year term to June 1, 1983.
Steve Jennings, Structural Engineer, reappointed for a 3 year term to June 1, 1983
Don Ogborn, Home Builder, reappointed for a 3 year term to June 1, 1983.
Paul Wearing, Heating and Air Conditioning Contractor, reappointed for a 3 year
term to June 1, 1983.
Human Relations Commission
Mrs. Lois Gay, reappointed for a 3 year term to June 7, 1983.
Otis Henderson, reappointed for a 3 year term to June 7, 1983.
Rev. J. E. Jones, reappointed for a 3 year term to June 7, 1983.
Recreation Commission
Jerry Brown, appointed to fill the unexpired term of Tom Runyan to June 30, 1981.
80-162 Moved by Commissioner Duckers, seconded by Commissioner Allen that the
Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0).
Motion adopted.
Gil,
Dan S. Geis, Mayor
(SEAL)
ATTEST:
&Ct'l
D
. L. Harrison, City Clerk
1