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01-03-1972 Minutes1 j City of Salina, Kansas Commissioners' Meeting January 3, 1972 i i The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, January 3, 1972, at four o'clock p.m. I The Mayor asked everyone to stand for the Pledge of Allegiance to the Flag and a Moment of Silent Prayer. There were present: Mayor Robert C. Caldwell, Chairman presiding Commissioner Leon L. Ashton Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: Commissioner Jack Weisgerber The Minutes of the Regular Meeting of December 20, 1971, were approved as mailed. STAFF AGENDA A HEARING was held, as required by Resolution Number 3115, on Project Number 71-542, for street, sewer and water improvements. The City Engineer presented a letter from Aubrey Linville, Attorney representing Rollin Cobb, 1729 Glen, with reference to Petition Number 3193, which was filed by Richard Neuman, stating permission is given to Mr. Neuman to hook onto their private sewer line. The City Engineer stated this part should be omitted from the feasibility report. Mr. Don Vanover, 1713 North Fifth Street, was present protesting the water assessment in Stimmel Road. He stated they cannot afford the improvement, and only one person wants the improvement. Commissioner Ashton stated he received two calls from property owners protesting the improvement. Commissioner Cooper stated she had some calls; however, she felt there was a health factor involved in this improvement, as the Health Department said there is a problem with septic tanks in the area. Mr. Vanover said the person with the bad water was told to drill his well deeper, but he took the easy way out and petitioned for water main improvement. Commissioner Cooper said the petition was signed by seven property owners, not just one. Mr. Vanover said he is unable to afford the water line to be installed in Stimmel Road, and if it is installed, he would have to sell some of his property. His residence is located on the south side of the property, and he would be unable to hook onto the water line in Stimmel Road. The reason they bought the 3 1/2 acres is so they could have horses, and they want it undeveloped. The City Attorney explained that 500 of the property owners can petition the improvement out, and they have 20 days after the Resolution authorizing and ordering the improvement is passed and published. The City Commission can reduce the size of the benefit district, but cannot enlarge it. Commissioner Cooper asked the City Engineer if the benefit district could be less. He stated it could be; however, the City wanted the water line to run to Fifth Street in order to have a fire hydrant near Stimmel School, and to tie into a main on North Fifth Street, when it is extended to Stimmel Road. A motion was made by Commissioner Cooper, seconded by Commissioner Ashton that the benefit district for a water line in Stimmel Road, as requested in Petftion 3196, be reduced to exclude the Vanover, Madden and Hicks property, Ayes: (4). Nays: (0). Motion carried. Mr. George Wallerius was present, with reference to Petition Number 3161 for a water main in Meadowlark Lane. He asked if he has to put up 50% of his cost. The City Attorney said, ''No, because you did not petition for it.'' Mr, Wallerius said he might as well dedicate these 14 lots to the City because the assessment will be $7,000, and he could not get this out of them if they were sold, and if he asked to have them rezoned for a mobile home park, he would be turned down. He feels Mr. Nordboe could get water cheaper another way. He said the special assessments have killed him in this area and strongly protests the water main improvement. Mr. Wallerius asked if Mr. Nordboe could put in his own water main, saving several thousand dollars. He thinks the City should allow this. Commissioner Losik asked the City Engineer if there are certain specifications for the installation of water line, and if he would be allowed to install his own water line. The City Engineer stated if he is allowed to install his own water line, and later a line should be installed in the middle of the street, he would still have to pay his share of the cost in the benefit district, He also said it would not provide fire protection and, of course, the City would not maintain his private line. The Mayor told Mr. Wallerius he could file a protest petition within 20 days of the adoption of the Resolution authorizing and ordering the improvement, to petition the water line out, Mr, Wallerius said he would be filing a protest petition. Mr. Wallerius suggested it be tabled for one week so Mr. Nordboe could come up with a plan for his own water line, Mr. Nordboe has no ideas, he has the lots and needs water. Mr. John Ryberg was present, regarding Petition Number 3183, for a sewer to serve his property on East North Street, He asked when he has to pay his 50% of the cost of the sewer. He was told to pay it before the contract is let. Mr. Aubrey Linville was present representing the property owners, other than the petitioner, in the benefit district for water and sewer extensions in Diamond Drive. He said the petitioner for the improvement only owns 10% of the property in the benefit district.. The area around Dairy Queen paid for water and sewer previously. He stated the area north of Diamond Drive had paid $55,000.00 for water previously. He said there is no health problem in this area and does not believe the water and sewer lines should be put in at this time. Mr. Foster, owner of Morton Addition, purchased the land knowing there were no services to the area. Mr. Linville went on to say the property should not be assessed for improvements unless the property is developed and has an income to pay the assessments. Mr. Jack Stewart, representing Mr. Foster the owner of Morton Addition, replied with reference to the protest from the other property owners, stated that the benefit district was established at the time water was installed on North Ninth Street, between Euclid and Culver Road. None of these properties have been in a benefit district to pay for water and sewer improvements. Mr. Stewart referred to an agreement signed April 8, 1971 by George Curtis, agent for C, L. Clark, et al, which said they would participate in any installation of water and sewer line when a water and sewer benefit district was established. They also agreed to file a legal plat for the area that is protesting the improvement, and also to dedicate an easement for water and sewer lines. Mr, Stewart also mentioned he received a letter from Mr. Clark, dated November 26, 1971, asking Mr. Foster to pay $3,300.00 lump sum payment in order to hook- up to the water main on Ninth Street, Of course, we did not agree to this. i Mr. Linville said he was not aware of such an agreement signed by Mr. Curtis. He said Mr. Foster was aware the property he purchased was outside the City Limits, unimproved and was cheaper. He does not feel 100 of the benefit district should be allowed to ask for and have the improvement installed, Mr. Stewart said, "Justice demands the project be done." Mr. Linville said sometimes water can be petitioned out, but not sewer, probably because of health, but there are no health matters involved here. They bought the property cheap. Mr. Stewart said the,property was not cheap. He said no area will develop at the same time. This property was purchased for commercial purposes, and it will be unfair if Mr. Foster has to put down a well, and install a septic tank at a cost of several thousand dollars; then when the area, now protesting, is developed and wants the services installed, he will be assessed in the benefit district. A motion was made by Commissioner Ashton, seconded by Commissioner Cooper to introduce and pass a resolution entitled: "A RESOLUTION determining the advisability of street, water main, sanitary sewer and storm sewer improvements, estimating the cost thereof, defining the boundaries of the improvement district, method of assessment and apportioning the cost between the improvement district and the City -at -large." (Excluding the installation of a sanitary sewer lateral to serve part of Lot 1, Plat 49, and changing the benefit district for water line on Stimmel Road) Ayes: Ashton, Cooper, Losik, Caldwell (4). Nays: (0). Commissioner Weisgerber absent. The Mayor approved the Resolution and it is numbered 3116. 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." (Requested in Petition Number 3201, which was filed by Dr. Wendell Nickell on October 5, 1971, for the rezoning of Lot 25, except the East 200 feet thereof on Johnstown Avenue in Surveyor's Plat "G" from District "C" (Apartment District) to District "DD" (Office District). A motion was made by Commissioner Cooper, seconded by Commissioner Ashton to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Cooper, Losik, Caldwell (4). Nays: (0). Commissioner Weisgerber absent. The Mayor approved the ordinance and it is numbered 8189. The ordinance was introduced for first reading December 20, 1971• 1972 TREE TRIMMING AND TREATING OF TREES AND SHRUBS License applications were filed by the following: Cecil Heart, d/b/a Cecil Heart Tree Services (Trim) Harvey Eslinger, d/b/a Eslinger Lawn Sales and Service (Trim) Lowell Montgomery, d/b/a Montgomery's Termite and Pest Control (Trim and Treat) Cloyd E. Prater, d/b/a Twin Valley Nursery (Trim and Treat) Dennis M. Brake (Trim) Darrell J. Prater, d/b/a D. J. Prater Tree Service (Trim and Treat) Roy Baker, d/b/a Roy Tree Trimming (Trim) Roy E. Willey, d/b/a Willey's Tree Service (Trim) M. R. Welsh (Trim) A motion was made by Commissioner Losik, seconded by Commissioner Cooper to approve the 1972 license applications for Trimming and Treating of Trees and Shrubs, as listed, and authorize the City Clerk to issue the license. Ayes: (4). Nays: (0). Motion carried. 1972 SURETY ON BAIL BONDS License Application was filed by E. P. Nichols, d/b/a Nichols Bail Bond. A motion was made by Commissioner Ashton, seconded by Commissioner Losik to approve the 1972 License application, and authorize the City Clerk to issue the license. Ayes: (4). Nays: (0). Motion carried. AN APPROPRIATION ORDINANCE was introduced and passed entitled: "AN ORDINANCE making an appropriation for the payment of certain claims." (Payroll - $100,710.72) A motion was made by Commissioner Ashton, seconded by Commissioner Losik to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Cooper, Losik, Caldwell(4) Nays: (0). Commissioner Weisgerber absent. The Mayor approved the ordinance and it is numbered A-1611. E COMMISSION AGENDA Commissioner Cooper stated, as a member of the Saline County -City Building Authority, she wrote to Congressman William Roy in the Spring of 1971 asking the proper way to display the American Flag. Congressman Roy presented her with a flag which flew over the United States Capitol. Commissioner Cooper presented the Mayor with the Flag and said she hopes it will be properly displayed. Commissioner Losik added when a flag is tattered, it should be disposed of in a proper way, and when a flag becomes tattered, a new one should replace it. PUBLIC AGENDA PETITION NUMBER 3216 was filed by Wayne V. Wise for the rezoning of Lot 5 and the North 35 feet of Lot 4, Block 1, Holiday Addition, from District "D" (Local Business) to District "EE" (Local Service District). A motion was made by Commissioner Cooper, seconded by Commissioner Losik to refer the petition to the Salina City Planning Commission. Ayes: (4). Nays: (0). Motion carried. A MOTION was made by Commissioner Ashton, seconded by Commissioner Losik that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (4). Nays: (0) Motion carried. o� \ D. L. Harrison, City Clerk