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04-08-1974 MinutesA 44 �, City of Salina, Kansas Regular Meeting of the Board of Commissioners April 8, 1974 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, April 8, 1974, at four o'clock P.M. The Mayor asked everyone to stand for the pledge of allegiance to the Flag and a moment of silent prayer. There were present: Mayor Jack Weisgerber, Chairman presiding Commissioner Robert C. Caldwell Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. Commissioner W. M. Usher comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: None The Minutes of the Special Meeting of April 2, 1974, were approved as mailed. STAFF AGENDA A PUBLIC HEARING was held on the proposed assessments for the improvements in Engineering Project 73-555: Concrete curbing, guttering, paving and grading of Kirwin Avenue from the east curb line of Ohio Street to a point 430 feet East. Concrete paving and grading of Third Street from Mulberry Street south to the Smoky Hill River. Asphalt paving, grading and water mains for Dewey Street from the west lot lines of Lots 2 and 3, Brown and Brown Addition to Bromac Street. as authorized by Resolution Number 3146, passed by the Board of Commissioners on the 4th day of June, 1973. There were no protests, and no changes were made in the proposed assessment. A motion was made by Commissioner Cooper, seconded by Commissioner Usher to approve the assessments and to introduce the assessment ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: 1.23 A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing and ordering certain street and water main improvements, ordering preparation of plans and specifications and the estimate of costs." A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to adopt the Resolution as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerber (4). Nays: (0). Commissioner Usher abstained. The Mayor approved the Resolution and it is numbered 3181. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Zoning Ordinance Number 6613 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 the South 45 feet of Lot 26 and all of Lot 28, Block 6, Bonds Addition to District "C" (Apartment District) requested in Petition Number 3398, filed by B. J. Frick). A motion was made by Commissioner Usher, seconded by Commissioner Losik to adopt the Ordinance as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Ordinance and it is numbered 8342. The ordinance was introduced for first reading March 25, 1974. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE ratifying and confirming a contract with Stevens Contractors, Inc., for the construction of certain improvements in the City of Salina, Kansas, and providing for the issuance of temporary notes to pay the cost thereof, pending the issuance and sale of bonds." (Engineering Project 74-564 - Part I for Water and Sanitary Sewer Improvements) A motion was made by Commissioner Losik, seconded by Commissioner Usher to approve the Ordinance as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Ordinance and it is numbered 8343. The ordinance was introduced for first reading April 1, 1974. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE ratifying and confirming a contract with Brown and Brown, Inc., for the construction of certain improvements in the City of Salina, Kansas, and providing for the issuance of temporary notes to pay the cost thereof, pending the issuance and sale of bonds." (Engineering Project 74-564 - Part II for street improvement A motion was made by Commissioner Cooper, seconded by Commissioner Usher to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Ordinance and it is numbered 8344. The ordinance was introduced for first reading April 1, 1974. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE specifying the days and hours when retail sale of alcoholic liquors is prohibited within the corporate limits of the City, amending Section 6-7 of the Salina Code and repealing the existing section." Commissioner Usher said he has not changed his point of view on it. "I don't think it is the prerogative of this Commission to be setting the hours of retail stores, if they in fact really wanted to do it, they could do it themselves, and I am concerned that eventually we will have changes in licensees and you will probably find some of them will want to stay open until 11, so they will be back again and we will have to change it again." Commissioner Caldwell asked the liquor store operators if they would be willing to change back if there is opposing opinion from the public. Mrs. Sullivan replied they would. A motion was made by Commissioner Caldwell, seconded by Commissioner Cooper to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Cooper, Weisgerber (3). Nays: Usher (1). Commissioner Losik abstained Carried. The Mayor approved the ordinance and it is numbered 8345. The ordinanc was introduced for first reading April 1, 1974. 124 Ordinance Passed: Number: A LETTER was received from the Metropolitan Planning Commission recommending the denial of Petition Number 3403, which was filed by Cecil F. Hear for the rezoning of the South 2 of Lot 3 and the North 2 of Lot 5, Block 7, South Park Addition from District "A" (Second Dwelling House District) to District "D" (Local Business District). A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to accept the recommendation of the Metropolitan Planning Commission and deny the petition for rezoning. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the Metropolitan Planning Commission recommending the approval of Petition Number 3404, which was filed by Salina Whit Trucks, Inc., for the rezoning of a tract of land in the Northwest Quarter of Section 36, Township 13 South, Range 3 West of the 6th Principal Meridian from District "A" (Second Dwelling House District) to District "D" (Local Business District), subject to platting and evidence of elevation. A motion was made by Commissioner Usher, seconded by Commissioner Losik to accept the recommendation of the Metropolitan Planning Commission and approve the rezoning subject to the restrictions recommended by the Planning Commission of platting and evidence of elevation, and to introduce the ordinance for first reading. Ayes: (5). Nays: ( ). Motion carried. Ordinance Passed: Number: A LETTER was received from the Metropolitan Planning Commission recommending the approval of Petition Number 3406, which was filed by Steven M. Hanson and Larry M. Hays, for the rezoning of Lot 8, Block 5, Walnut Grove Addition from District "B" (Two -Family Dwelling House District) to District "D" (Local Business District). A motion was made by Commissioner Losik, seconded by Commissioner Usher to accept the recommendation of the Metropolitan Planning Commission and approve the rezoning, and to introduce the ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the Citizens' Advisory Committee recommendin certain capital improvements for the City of Salina, Kansas. Mr. Gib Wenger was present and briefly covered their written recommendations and explained water distribution (low water pressure in the north end of town and low water pressure in the interior close in and south of Crawford); sewer separation; street widening (Crawford Street from Broadway to Ohio); interior storm drainage; linear parks, are the projects the Citizens' Advisory Committee feels need attention. Commissioner Cooper pointed out that action has been initiated on some of the proposed improvements to the water treatment and distribution system and linear parks. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to accept the letter and take it under advisement. Ayes: (5). Nays: (0 . Motion carried. A LETTER was received from the Metropolitan Planning Commission recommending the denial of Petition Number 3400, which was filed by B. R. Becker for the rezoning of Lot 6, Block 1, Woodland Addition from District "B" (Two - Family Dwelling House District) to District "FFt1 (Restricted Industrial District). A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to accept the recommendation of the Metropolitan Planning Commission and deny the petition for rezoning. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the Metropolitan Planning Commission recommending the approval of Petition Number 3402, which was filed by William D. Smith for the rezoning of Lots 8, 9, 10, Block 3, Riverview Addition from District "A" (Second Dwelling [louse District) to District "C" (Apartment District). A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to accept the recommendation of the Metropolitan Planning Commission and approve the rezoning, and to introduce the ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the Metropolitan Planning Commission recommending the denial of Petition Number 3403, which was filed by Cecil F. Hear for the rezoning of the South 2 of Lot 3 and the North 2 of Lot 5, Block 7, South Park Addition from District "A" (Second Dwelling House District) to District "D" (Local Business District). A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to accept the recommendation of the Metropolitan Planning Commission and deny the petition for rezoning. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the Metropolitan Planning Commission recommending the approval of Petition Number 3404, which was filed by Salina Whit Trucks, Inc., for the rezoning of a tract of land in the Northwest Quarter of Section 36, Township 13 South, Range 3 West of the 6th Principal Meridian from District "A" (Second Dwelling House District) to District "D" (Local Business District), subject to platting and evidence of elevation. A motion was made by Commissioner Usher, seconded by Commissioner Losik to accept the recommendation of the Metropolitan Planning Commission and approve the rezoning subject to the restrictions recommended by the Planning Commission of platting and evidence of elevation, and to introduce the ordinance for first reading. Ayes: (5). Nays: ( ). Motion carried. Ordinance Passed: Number: A LETTER was received from the Metropolitan Planning Commission recommending the approval of Petition Number 3406, which was filed by Steven M. Hanson and Larry M. Hays, for the rezoning of Lot 8, Block 5, Walnut Grove Addition from District "B" (Two -Family Dwelling House District) to District "D" (Local Business District). A motion was made by Commissioner Losik, seconded by Commissioner Usher to accept the recommendation of the Metropolitan Planning Commission and approve the rezoning, and to introduce the ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the Citizens' Advisory Committee recommendin certain capital improvements for the City of Salina, Kansas. Mr. Gib Wenger was present and briefly covered their written recommendations and explained water distribution (low water pressure in the north end of town and low water pressure in the interior close in and south of Crawford); sewer separation; street widening (Crawford Street from Broadway to Ohio); interior storm drainage; linear parks, are the projects the Citizens' Advisory Committee feels need attention. Commissioner Cooper pointed out that action has been initiated on some of the proposed improvements to the water treatment and distribution system and linear parks. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to accept the letter and take it under advisement. Ayes: (5). Nays: (0 . Motion carried. 125 A LETTER was received from the Citizens' Advisory Committee recommending no action be taken at this time in the matter of showing certain types of movie film at drive-in theatres. Commissioner Cooper said, "This was initially a subject that I had placed on the City Commission agenda. Following the item showing up on the Commission Agenda and it being referred to the Citizens' Advisory Committee, I had occasion to visit with several people regarding the subject, primarily church affiliated type of individuals. At the time that I visited with them, they seeme� to express a concern in the area of this particular form of entertainment, and I suggested to them that if they were concerned about it, their best approach would be to either go to the Citizens' Advisory hearing, which they would be holding, go to them in person and express their views on it or forward some sort of correspondence to them expressing their views. According to the minutes of the Advisory Committee, there was simply not any comment forthcoming, so I can only agree with the conclusions of the Advisory Committee. There is apparently not any demand on the part of people in the community for any kind of restraint or limitations to the kinds of film that is shown at outdoor theatres. The fact tha there was not any comments forthcoming I think speaks pretty loudly, but nonethel I agree with Citizens' Advisory, so far as I am concerned it is a dead issue. I move we accept their recommendation and take no action on the subject." Commissioner Usher seconded the motion. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER filed a feasibility report for improvements in Bonnie Ridge Addition. (Improvements were requested in Petition Number 3314, which was filed by Lee 0. Haworth for the installation of streets, water and sewer lines on Bret Avenue from Neal Avenue south and east to the existing pavement; Patty Drive from Bret Avenue to Scott Avenue; Scott Avenue from Patty Drive to Melanie Lane; and improvements requested in Petition Number 3409 which was filed by Verner C. Smith, for the installation of streets, water and sewer lines on Linda Lane from Neal Avenue to the south edge of Bonnie Ridge Addition). A motion was made by Commissioner Losik, seconded by Commissioner Usher to accept the Feasibility Report as filed by the City Engineer. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA None PUBLIC AGENDA PETITION NUMBER 3417 was filed by Evelyn M. Maxwell for the installatio of curb side type sidewalk from the corner of Wayne and Quincy on the south side of Wayne to the west property line of 414 Wayne, and on the north side of Wayne from the corner of Leland Way to the corner of Fourth Street (with the City connecting the sidewalk between the Diehl and Struble property lines). A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to refer the petition to the City Engineer for a recommendation. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3418 was filed by Yockers Building Company, Inc., for improvements - street, sanitary sewer, water and storm drainage to serve Lots 7 to 29, Block 32, and Lots 2 to 11, Block 35, Key Acres Second Addition. A motion was made by Commissioner Losik, seconded by Commissioner Usher to refer the petition to the City Engineer for a recommendation. Ayes: (5). Nays: (0). Motion carried. A TREE TRIMMING License application was filed by Kim Alan Montgomery, d/b/a Quality Firewood, R. R. # 1, Bridgeport, Kansas. (New application) The City Clerk reported the applicant has paid the required fee, and has the proper surety bond and public liability insurance on file. A motion was made by Commissioner Losik, seconded by Commissioner Usher to approve the license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. S 1 C) A CEREAL MALT BEVERAGE LICENSE Application was filed by Judy Clemence d/b/a A & J Roadrunner, 616 North Broadway. (New application). The City Clerk reported the applicant has paid the required fee, and the application has been approved by the Health Department, Zoning Officer and the Police Department. A motion was made by Commissioner Usher, seconded by Commissioner Losik to appro, the license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. A REQUEST was received from the Saline County Rural Water District Number 3 for new hook-ups for owners of less than 20 acres. Commissioner Losik asked, "Larry, from the legal standpoint under this 20 acres, now first of all we have got a point here that I would like to have clear in my mind. They are asking us to exempt them under the terms that the town of Mentor was exempted, but yet they also come right here and say this area could easily qualify as a part of the town of Mentor, but is outside the platted townsite, so now they are asking us to exempt something that the town was exempt from acknowledging that it is not in the town. Now how do we stand on this?" Mr. Bengtson replied, "I think what has been said, in our agreement wit the rural water district where we agreed to furnish their district water we said that hook-ups within the town of Mentor would be exempted. They could go ahead and hook these up; that anyone who wanted to hook up on a tract of less than 20 acres outside of the town of Mentor or any other city within the water distric would have to get permission from you to do this. So actually the agreement says if there is anyone outside of the town of Mentor who wants to hook up, if it is more than 20 acres they don't have to ask you, if it is less than 20 acres you have to approve it. They are saying they have 3 customers that have tracts of less than 20 acres and although they are adjacent to Mentor right now, they are not within the town of Mentor, so therefore they need your permission to hook them up." Commissioner Losik said, "Now right at the present, the size of their pipe will determine the amount of service, but what is to prevent them from putting in higher capacity mains and then where do we go from there if we made this exception?" The City Attorney replied, "They can put them in, and of course any time they come, they have to come to you." Commissioner Losik said, "This is what I am saying, this is what I am trying to bring out; now this could be the start of something that we might get caught in the middle on too." The City Attorney said, "Actually they are just requesting to hook on 3 more people onto their line. I think the idea was we didn't want these little cells started all over the county and outside of them, and I think this is why we accepted the town of Mentor was because it was there and existing now." Commissioner Usher said, "I think under those kinds of conditions where we have control, and there is only an inch and a half line, and then we do have the authority to shut them off if it gets to be a burden on us that I would go for these three, and I so move, Mr. Mayor." ,o D. L. Harrison, City Clerk Commissioner Caldwell seconded the motion. Ayes: (5). Nays: (0). Motion carried. A motion was made by Commissioner Caldwell, seconded by Commissioner Usher that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. ,o D. L. Harrison, City Clerk 126 A Mayor Weisgerber - "Well, what they requested at that time, I think, I am trying to remember that was in the way they - they bought their water, was whether or not this increase would apply one way or whether it should be applied another way to save them some cost. This really is a different issue. When the original contract was written, the idea of prohibiting the hook-ups, of saying there needed to be 20 acres or more unless it was within the city, was to prevent acreages from being sold off out in the rural area and people just coming right down the water line in small rural areas and that isn't true in this case, becaus these are right adjacent to the little town of Mentor, but not within the city limits." Norris Olson - "Well, the problem here, I believe, I talked with Mr. Lilly, Mr. Mayor, and they are involved here with the community of Mentor. It is not an incorporated city. They do not have a city council. The hook-ups are for some locations of two or three houses - three - immediately adjacent to the East of Mentor, and they have no provisions other than the platting of the original townsite, which never became an incorporated town or an incorporated city. In visiting with Mr. Kendall Lilly, he confirmed what he said in the letter and that is because of the limited quantity through an inch and a half plastic pipe, they can almost assure there would be no similar request either in this location or the other side of the street or some other addition. What is the name of an addition there on the west side of town? They have an addition or something on the west side of this location or the west side of town." Mayor Weisgerber - "Mentor, no Mentor is all East of the railroad tracks." Norris Olson - "There is another stretch of housing anyway that he said we cannot add any more additional houses in that area, even because of the limited supply." Mayor Weisgerber - "But I think what we are saying here really is that this isn't out, these aren't small acres out really in a rural area, these attach directly to the small community." Norris Olson - "A community as compared to a city." Commissioner Cooper - "My question though goes back aren't - isn't this request for hook-ups for water - isn't the water from the same district and the same source as the Water District Number 3, those people that were down here objecting to the rates earlier? I finally found the memorandum." Mayor Weisgerber - "it is the same group." Norris Olson - "The same Water District? Yes!" I{ Commissioner Cooper - "Oh, alright then the same quantity and supply facilities or distribution or whatever is involved." Norris Olson - "It is theirs." Commissioner Cooper - "Right." * Commissioner Cooper - 11I can't find it in this mess that I have here now, but earlier Jack, when this thing came up on the agenda, it reminded me that we had a representative here from this particular Water District and I wouldn't even want to take a much of a crack at when this was, but I know it has been a year, year and a half ago, something like this. It was at the time that we instituted the new water rates, I think they were very disturbed because of this fact. Does the City Manager have any recollection of those people that were here, resolved the spokesman for those people? What did they want about it because I don't even remember it. And this and what was request is from i I the same Water District. Right?" Mayor Weisgerber - "Well, what they requested at that time, I think, I am trying to remember that was in the way they - they bought their water, was whether or not this increase would apply one way or whether it should be applied another way to save them some cost. This really is a different issue. When the original contract was written, the idea of prohibiting the hook-ups, of saying there needed to be 20 acres or more unless it was within the city, was to prevent acreages from being sold off out in the rural area and people just coming right down the water line in small rural areas and that isn't true in this case, becaus these are right adjacent to the little town of Mentor, but not within the city limits." Norris Olson - "Well, the problem here, I believe, I talked with Mr. Lilly, Mr. Mayor, and they are involved here with the community of Mentor. It is not an incorporated city. They do not have a city council. The hook-ups are for some locations of two or three houses - three - immediately adjacent to the East of Mentor, and they have no provisions other than the platting of the original townsite, which never became an incorporated town or an incorporated city. In visiting with Mr. Kendall Lilly, he confirmed what he said in the letter and that is because of the limited quantity through an inch and a half plastic pipe, they can almost assure there would be no similar request either in this location or the other side of the street or some other addition. What is the name of an addition there on the west side of town? They have an addition or something on the west side of this location or the west side of town." Mayor Weisgerber - "Mentor, no Mentor is all East of the railroad tracks." Norris Olson - "There is another stretch of housing anyway that he said we cannot add any more additional houses in that area, even because of the limited supply." Mayor Weisgerber - "But I think what we are saying here really is that this isn't out, these aren't small acres out really in a rural area, these attach directly to the small community." Norris Olson - "A community as compared to a city." Commissioner Cooper - "My question though goes back aren't - isn't this request for hook-ups for water - isn't the water from the same district and the same source as the Water District Number 3, those people that were down here objecting to the rates earlier? I finally found the memorandum." Mayor Weisgerber - "it is the same group." Norris Olson - "The same Water District? Yes!" I{ Commissioner Cooper - "Oh, alright then the same quantity and supply facilities or distribution or whatever is involved." Norris Olson - "It is theirs." Commissioner Cooper - "Right." L 1 1 Norris Olson - "Which applies to a main valve on our lines to serve their entire system." Commissioner Losik - "What was ever resolved on their request? For a change in the rate structure for 'em." Mayor Weisgerber - "Nothing Commissioner Losik - "Okay." We held with what we had." Commissioner Cooper - "Were they so notified? Or did they just assume that there wasn't any change because nothing happened?" Commissioner Usher - "They got the bill." Norris Olson - It was explained, if I am not mistaken, it was explained to do anything contrary to the ordinance was providing preferential treatment either to them or - if they were charged more than the going rate, we would be mistreating the, if they were charged less than the going rate for any comparable user, it would constitute preferential treatment."