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.
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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.
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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.
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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.
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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.
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''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�
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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?
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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.
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D. L. Harrison, City Clerk