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06-13-1977 Minutes1 City of Salina, Kansas Regular Meeting of the Board of Commissioners June 13, 1977 The Regular Meeting of the Board of Commissioners met in the Commissionejs' Room, City -County Building, on Monday, June 13, 1977, at four o'clock P.M. The Acting Mayor asked everyone to stand for the pledge of allegiance to the Flag and a moment of silent prayer. There were present: Acting Mayor Jack Weisgerber, Commissioner Dan S. Geis Commissioner Karen M. Graves Commissioner Gerald F. Simpson comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: Mayor Keith G. Duckers Chairman presiding The Minutes of the Regular Meeting of May 23, 1977 and the Special Meeting of May 27, 1977 were approved as printed. STAFF AGENDA AN ORDINANCE was introduced for second reading entitled: ''AN ORDINANCE providing for the amendment of Zoning Ordinance Number 8526, the same being Chapter 36 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. [Rezoning of a 40 acre tract in the SE 1/4 of 17-14-2 from District A-1 to R-2/P.D.D., requested in Petition Number 3599 filed by Salina Presbyterian Manor, Inc.] A motion was made by Commissioner Simpson, seconded by Commissioner Geis to adopt the ordinance as read and the following vote was had: Simpson, Geis, Graves, Weisgerber (4). Nays: (0). Mayor Duckers absent. Carried. The Acting Mayor approved the ordinance and it is numbered 8569. The ordinance was introduced for first reading May 23, 1977. THE CITY ENGINEER filed plans and specifications for Engineering Project 77-617 for street and utility improvements in Country Club Estates Addition Number 3, which were requested in Petition Number 3622 filed by Roy Presley. A motion was made by Commissioner Graves, seconded by Commissioner Simpson to accept the plans and specifications as filed by the City Engineer. Ayes: (4). Plays: (0). Motion carried. A MOTION was made by Commissioner Graves, seconded by Commissioner Simpson to set the date of June 27, 1977 as the date to receive bids on Engineering Project 77-617, and instruct the City Clerk to advertise for bids. Ayes: (4). Nays: (0). Motion carried. THE CITY ENGINEER filed plans and specifications for Engineering Project 77-621 for street improvements in the Northeast Industrial Park. A motion was made by Commissioner Geis, seconded by Commissioner Graves to accept the plans and specifications as filed by the City Engineer. Ayes: (4). Nays: (0). Motion carried. 4)g4) ,-J A MOTION was made by Commissioner Geis, seconded by Commissioner Graves to set the date of July 11, 1977 as the date to receive bids on Engineering Project 77-621, and instruct the City Clerk to advertise for bids. Ayes: (4). Nays: (0). Motion carried. THE CITY ENGINEER reported on the sufficiency of Petition Number 3636 which was filed by George Etherington for street and utility improvements in Georgetown Addition, that the petition signers represent 67% of the owners and 52% of the land, and is therefore a valid petition. A motion was made by Commissioner Simpson, seconded by Commissioner Geis to accept the City Engineer's report and approve the petition. Ayes: (4). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: "A RESOLUTION granting assurances to the U. S. Department of Housing and Urban Development that the City of Salina will comply with certain federal laws hereinafter set forth." (To give assurance to HUD concerning the city's application for 3rd year Community Development Block Grant funds.) A motion was made by Commissioner Graves, seconded by Commissioner Simpson to adopt the Resolution as read and the following vote was had: Ayes: Simpson, Geis, Graves, Weisgerber (4). Nays: (0). Mayor Duckers absent. The Acting Mayor approved the Resolution and it is numbered 3325• A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizi� the preparation and filing with the Department of Housing and Urban Development of a Third Year Community Development Block Grant Program Application; Designating the City Manager as the authorized representative of the City of Salina to act in connection with the application; and to provide such additional information as may be requested." A motion was made by Commissioner Geis, seconded by Commissioner Simpson to adopt the resolution as read and the following vote was had: Ayes: Simpson, Geis, Graves, Weisgerber (4). Nays: (0). Mayor Duckers absent. The Acting Mayor approved the Resolution and it is numbered 3326• A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing the City Manager to execute the funding agreement for the Third Year Community Development Block Grant Funds." A motion was made by Commissioner Simpson, seconded by Commissioner Geis to adopt the Resolution as read and the following vote was had: Ayes: Simpson, Geis, Graves, Weisgerber (4). Nays: (0). Mayor Duckers absent. The Acting Mayor approved the Resolution and it is numbered 3327• A RESOLUTION was introduced and passed entitled: "A RESOLUTION appropria) the sum of $382,232.38, being the contract price for materials and labor supplied and furnished in the matter of the construction of certain curbing, guttering, paving, grading, water and sanitary sewer improvements in the City of Salina, and further providing for the issuance of one temporary note in the sum of $382,232.38 for the payment therefor." [Engineering Project 77-614 for improvemenli in Dow, Key Acres 2nd, Wallerius, Park West, Country Hills # 2, Mayfair Additions.', A motion was made by Commissioner Simpson, seconded by Commissioner Graves to adopt the Resolution as read and the following vote was had: Ayes: Simpson, Geis, Graves, Weisgerber (4). Nays: (0). Mayor Duckers absent. The Acting Mayor approved the Resolution and it is numbered 3328• A MOTION was made by Commissioner Geis, seconded by Commissioner Graves to set the date of June 27, 1977 as the date to receive bids on an addition to the Oakdale Park Maintenance Building, and to instruct the City Clerk to advertise for bids. Ayes: (4). Nays: (0). Motion carried. THE CITY CLERK reported the assessment rolls are ready for the following improvements, to -wit: (Engineering Project 76-608) Curbing, guttering, paving and grading of ARGONNE DRIVE from the east line of Estates Drive to the East line of Lot 12, Block 2, Country Club Estates Addition Number 2, Curbing, guttering, paving and grading of DOUGLAS DRIVE from the south line of Argonne Drive to the south line of Lot 18, Block 3, Country Club Estates Addition Number 2, Water main and services for certain lots in Country Club Estates Addition Number 2, Lateral Sanitary Sewer 550. ing [s 1 1 9 c3 as authorized by Resolution Number 3288, passed by the Board of Commissioners on the 23rd day of August, 1976. The assessments have been determined and the final costs have been filed by the City Engineer. A motion was made by Commissioner Simpson, seconded by Commissioner Geis to instruct the City Clerk to publish notice in the official city newspaper at least once not less than ten days prior to the date of June 27, 1977, the date set for the hearing on said assessments, and that at the same time notice is published to mail to the owners of property made liable to pay the assessment, at their last known post office address, a notice of the hearing and a statement of the cost proposed to be assessed against the land so owned and assessed. Ayes: (4). Nays: (0). Motion carried. A MOTION was made by Commissioner Geis, seconded by Commissioner Graves to introduce an ordinance for first reading providing for the construction of certain sidewalks, for the payment of the cost thereof, and how the same shall be assessed and the manner of the payment therefor. [Sidewalk on the East side of Ohio adjacent to Lot 1, Block 1, Mayfair Addition, requested in Petition Number 3609 filed by Connie Schmidt; and sidewalks on Belmont Boulevard adjacent to Lot 14, Block 7, and Lots 3, 4, 5, Block 29, Key Acres Addition requested in Petition Number 3633 filed by Bud Mullen.] Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending that Zoning Application 77-2 be amended to R-2 and approved subject to platting. IZ77-2 filed by Sunset Plaza, Inc. for the rezoning of a 10.27 acre tract of land in the SE 1/4 of Section 13, T 14 S, R 3 W, from RS (Single Family Residential Suburban) to R-3 (Multiple Family Residential).] A motion was made by CommissionO Geis, seconded by Commissioner Simpson to accept the recommendation of the City Planning Commission and introduce the rezoning ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending that Zoning Application 77-3 be approved. [Z77-3 filed by Vance Miller for the rezoning of Lot 5, Block 5, Replat of Oakdale Addition from R-2 (Multiple Family Residential) to C-1 (Restricted Business).] A motion was made by Commissioher Simpson, seconded by Commissioner Geis to accept the recommendation of the City Planning Commission and introduce the rezoning ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending that Zoning Application 77-4 be approved. [Z77-4 filed by William Oehlert, Jr. for the rezoning of Lots 7 and 9, Block 4, Woodland Addition from R-2 (Multiple Family Residential District) to C-5 (Service Commercial District).] A motion was made by Commissioner Graves, seconded by Commissioner Geis to accept the recommendation of the City Planning Commission and introduce the rezoning ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending that the County be asked to deny County Zoning Application 77-2. [CZ77-2 filed by Kenneth Rhea for rezoning of property in Section 24, T 13 S, R 3 W, from A (First Dwelling House District) to F (Light Industrial District).] A motion was made by Commissioner Graves, seconded by Commissioner Simpson to accept the recommendation of the City Planning Commission and recommend that the County Zoning Application be denied. Ayes: (3). Nays: (0). Commissioner Geis abstained. Motion carried. 284 A LETTER was received from the Citizens' Advisory Committee recommendin that an additional $50,000 in Community Development Block Grant Funds be allocate immediately to the present Winterization Program. A motion was made by Commissio Geis, seconded by Commissioner Simpson to accept the letter and approve the $50,000 C.D. fund. Ayes: (4). Nays: (0). Motion carried. Mr. Olson said the city has become aware of additional money available in Title III matching funds and asked the City Commissioners for authorization to apply for additional match money, not to exceed whatever limit the commission wishes to set. City share would be taken from 1st or 2nd year re-hab loan money and used with Title III matching funds for fiscal 1977 and 1978. The staff and commissioners discussed the winterization program. A motion was made by Commissioner Simpson, seconded by Commissioner Graves to authorize the expenditure up to and not to exceed $25,000 from re-hab loan portion of CD funds to be used for matching grants as they are available in fiscal 1977 and 1978. Ayes: (4). Nays: (0). Motion carried. PUBLIC AGENDA PETITION NUMBER 3637 was filed by Janice Jolly for stop signs at the corner of Windsor Drive and Franklin Street (to replace yield signs on Windsor Drive) A motion was made by Commissioner Geis, seconded by Commissioner Simpson to refer the petition to the City Engineer for a recommendation. Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3638 was filed by Allan Hocking for water and sanitary sewer service for Lots 1 and 2, Block 1, Hocking Addition. A motion was made by Commissioner Simpson, seconded by Commissioner Graves to refer the petition to the City Engineer to check the sufficiency. Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3639 was filed by Kathryn Peterson for sanitary sewer to serve Lots 14 through 20, Block 9, Oakdale Addition. A motion was made by Commissioner Graves, seconded by Commissioner Geis to refer the petition to the City Engineer to check the sufficiency. Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3640 was filed by Max McClintock for water, sewer and street improvements in Wallerius Addition. A motion was made by Commissioner Geis, seconded by Commissioner Graves to refer the petition to the City Engineer to check the sufficiency. Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3641 was filed by Allan Hocking and Josephine Hocking for the vacation of a utility easement between Lots 1 and 2, Block 1, Hocking Addition. A motion was made by Commissioner Simpson, seconded by Commissioner Geis to refer the petition to the City Engineer for a recommendation. Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3642 was filed by Kenneth Nordboe for curbing, gutterini paving and grading of Hageman Avenue from Saturn Avenue to the south side of Moon Drive and water and sanitary sewer lines to serve Lot 1, Block 1, and Lot 1, Block 2, Nord Subdivision. A motion was made by Commissioner Graves, seconded,, by Commissioner Simpson to refer the petition to the City Engineer to check the sufficiency. Ayes: (4). Nays: (0). Motion carried. A REQUEST was received from Dr. C. L. Olson to be present to discuss ordinances and zoning. :r Dr. Olson, D.V.M., distributed a prepared statement: We submit the following change to the city ordinance # 8164. 'The Dog Ordinance' as the most l simple and best solution to clarify a discrepancy which exists between the dog ordinance and the zoning ordinances of this city. ''To add, at the end of the definition of Commercial Kennel the sentence This definition does not include Veterinary Hospitals. 1 1 ''The definition would then read: Commercial Kennel: shall mean any place or tract of land whether in doors or outdoors, whether enclosed or not, in, at or upon which three (3) or more dogs or pups are, for the purpose of a profit, kept, housed, bred, raised, fed, displayed, exhibited or sold. THIS DEFINITION SPECIFICALLY DOES NOT INCLUDE VETERINARY HOSPITALS.'' Dr. King, D.V.M., read a prepared statement: ''Subject is pending legal action of the City of Salina vs Dr. Olson. Some years ago concerned parties helped rewrite the animal control ordinance. Dr. Olson was our representative in this matter and we felt a good ordinance was subsequently adopted. In order to control sanitation and other managable problems, the ordinance provided for inspection, and the issuance of a city commercial kennel license for a fee. It was Dr. Olson's understanding at this time that animal hospitals were exempt from this in as much as they have to meet certain standards far exceeding that of commercial kennels and that the hospitals are primarily engaged in the care and treatment of animals. Later the City Attorney interpreted this language to include animal hospitals and the confusion began. The veterinarians received statements for commercial license fee and were threatened with legal action if not paid. Most of the veterinarians felt it would be less offensive to be passive and pay the fee rather than contest the issue, though we felt it wrongly interpreted. We support Dr. Olson's position in this matter and further urge you to redirect the interested parties to resolve this matter peacefully. There are strong personality differences involved and we feel the basic issue has become clouded. The City must not become involved in harrassments of its citizens by use of its authority. We respectfully urge you to consider this matter carefully and allow fairness to prevail.'' Commissioner Simpson asked if the Commission is free to discuss the issue. Mr. Bengtson said he would be glad to discuss it in executive session, as there is litigation pending. A motion was made by Commissioner Simpson, seconded by Commissioner Graves to recess into executive session to discuss litigation concerning the dog ordinance. Ayes: (4). Nays: (0). Motion carried. The Commissioners recessed at 4:39 p.m. and reconvened at 4:53 p.m. A MOTION was made by Commissioner Simpson, seconded by Commissioner Geis to accept the letters from Dr.'s King and Olson and to table any action for 60 days, or until litigation is settled. Ayes: (4). Nays: (0). Motion carried. CERLAL MALT BEVERAGE license applications were filed by: Steve Sterling, d/b/a Kerr McGee Station, 235 South Broadway. (Transfer application) Salina Health Spa, Inc., 712 South Ohio, (New application) Food 4 Less, #16, 2534 South 9th. (New application) The City Clerk reported the applicants have paid the required fee and the applications have been approved by the Health Department, Zoning Administrator, and the Police Department. A motion was made by Commissioner Geis, seconded by Commissioner Simpson to approve the license applications and authorize the City Clerk to issue the licenses. Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3643 was filed by Ronald and Nola Brown, Brian Uhrich, Carmen Powell, William and Linda Mondt, for stop or yield signs at the intersectic of Dover Drive and Teakwood. A motion was made by Commissioner Simpson, seconded by Commissioner Geis to refer the petition to the City Engineer for a recommendati Ayes: (4). Nays: (0). Motion carried. COMMISSION AGENDA !� Mr. Olson asked the City Commissioners to set the date of June 27, 1977 to receive bids on the remaining property in the Northeast Industrial Park. A MOTION was made by Commissioner Simpson, seconded by Commissioner Graves to add the item to the agenda for consideration. Ayes: (4). Nays: (0). Motion carried. A MOTION was made by Commissioner Simpson, seconded by Commissioner Graves to set the date of June 27, 1977 as the date to receive bids on the remaining property in the Northeast Industrial Park, and to instruct the City Clerk to advertise for bids. Ayes: (4). Nays: (0). Motion carried. A MOTION was made by Commissioner Graves, seconded by Commissioner Simpson to add an item to the agenda. Ayes: (4). Nays: (0). Motion carried. A MOTION was made by Commissioner Graves, seconded by Commissioner Simpson that the Commission send a letter to the Director of the Salina Arts Commission, Martha Rhea and Marie Chapman, organizer of the Smoky Hill River Festival commending them for a smashing success with the 1st annual Smoky Hill River Festival, held June 10, 11, 12. Ayes: (4). Nays: (0). Motion carried. ff� The following items were brought to the floor for discussion: I� I Commissioner Weisgerber asked about the status of the aerial photos of South Salina taken to view possible additional flood control measures and Mr. (� Boyer replied the City received the final photos last week. Commissioner Geis asked if there is anything the city can do to encourage contractors to bid on the CD projects? I' Mr. Rawlings replied the problem revolves around the size of the projects, being too small for the larger contractors and the small contractors �I being wary of a federal program. A MOTION was made by Commissioner Simpson, seconded by Commissioner Graves that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (4). Nays: (0). Motion carried. 1 D. L. Harrison, City Clerk