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03-12-1973 MinutesCity of Salina, Kansas Commissioners' Meeting March 12, 1973 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, March 12, 1973, 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. comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: Commissioner Leon L. Ashton Mayor Weisgerber asked for any additions or corrections to the minutes of the Regular Meeting of March 5, 1973. Commissioner Cooper asked that the statement she made toward the end of the meeting, relating to the discussion of the Human Relations Commission, "I would be willing to cooperate in this area", be reflected in the minutes. The minutes of the Regular Meeting of March 5, 1973, were approved as amended. STAFF AGENDA A LETTER was received from the Metropolitan Planning Commission recommending the approval of Petition Number 3292, filed by Jim Benson, requesting rezoning of the West 150 feet of the East 1,064.75 feet of the North 200 feet of the South 1,441.7 feet of the SW4 14-14-3, West of US 81 By-pass, from District "A" (Second Dwelling House District) to District "D" (Local Business District). A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to accept the recommendation of the Metropolitan Planning Commission and approve the petition for rezoning and introduce the ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: r1-173 Number: S2-19 A LETTER was received from the Metropolitan Planning Commission recommending the denial of Petitions 3294, 3295, 3296, filed by G & K, Inc,, George C. Etherington, for the annexation, approval of the preliminary plat, and rezoning for the proposed McArthur Addition. Mayor Weisgerber read a letter which was received from G & K, Inc., requesting to withdraw their petitions. A spokesman for the protesting property owners said this is in keeping with their feelings about the matter, and said they appreciated it. A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to accept the request to withdraw the petitions 3294, 3295, 3296. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the Metropolitan Planning Commission recommending the denial of Petition Number 3297, which was filed by Gary Stroede, requesting the vacation of the alley abutting Lot 13, in Morrison's Replat on South Tenth Street. The Metropolitan Planning Commission's recommendation is based on Ron Barta's legal opinion that the alley is dedicated to public use, currently being used by the utilities and other city services and therefore is not subject to vacation. A motion was made by Commissioner Losik, seconded by Commissioner Cooper to deny the petition. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the Metropolitan Planning Commission recommending the approval of Petition Number 3298, filed by Harold Dickey, for the rezoning of Lots 2, 3, 4, Block 18, Sunset Manor Addition, from District "A" (Second Dwelling House District) to District "EE" (Local Service District). A motion was made by Commissioner Caldwell, seconded by Commissioner Cooper to accept the recommendation of the Metropolitan Planning Commission and approve the petition for rezoning and introduce the ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: ina,�z(,�1913 Number: gZSD The City Manager commented that Petition 3309, filed by Rosa Lamer, against the curbing, guttering and paving of Otis Street between Fourth and Third Streets, and the City Engineer reported this petition, being a protest petition against Petition Number 3300, is signed by 20% of the land owners who own 38% of the land. If the proposed improvements are authorized under Petition Number 3300, this petition would not be a sufficient protest; however, if the improvements are authorized as a connecting link, no protest would be allowed. Mayor Weisgerber asked the City Engineer if he had figured an estimated cost for the improvements. The City Engineer replied he had not. A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to table the issue until next week, until the City Engineer can figure the estimated cost of this improvement, and also the estimated cost of the other connecting link streets in that area. Ayes: (4). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3301, filed by Herbert J. Simmons, protesting the,paving of the 300 Block of South Third Street, between Mulberry and the river, that this petition is signed by 45% of the land owners and they own 56% of the land. Since the petitioners own over 50% of the land in the benefit district, this petition seems valid and would thus force rejection of Petition Number 3293. The City Engineer said one thing he overlooked in the report was that Mr. A. A. Bailey signed the original petition for the improvements, and signed- the petition protesting the improvements. The figures presented to the Commission reflect a percentage with his signature figured in both petitions, and withdrawing his name from either petition will change the percentages. Mrs. Oscar Wenthe, one of the petitioners, asked that the matter be tabled until Mr. Bailey returns from a vacation in California, so they can determine which petition he wishes to be included in. A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to table the issue until Mr. Bailey returns. Ayes: (4). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3302, filed by Marion Pestinger, for sanitary sewer and water line on North Fifth Street, from Euclid to Stimmel Road, that this petition is signed by 33% of the property owners in the benefit district and in the city limits. These signers own 36% of the land. A valid petition, in most cases, requires over 50% of the land owner signatures. No petition is required for a sanitary sewer line and protests are not valid if the City Commission desires to order the construction of the improvements. The City Commission could also order the water line installed for the protection of the health and safety of the residents .in the area. He recommended serious consideration be given to water and sewer improvements in this area although this petition is insufficient to demand these improvements. This area is one of the lowest water supply areas for fire protection purposes in the City. The water line would be sized to become part of our proposed Capital Improvements Program for the water distribution system. Commissioner Cooper said she checked with legal staff and the way the City is entitled to require these improvements is under health factor conditions. She said she doesn't believe the reports from the Health Department would justify that. The City Attorney replied the Commission could probably justify a sanitary sewer for an area within the city limits on the grounds that it is necessary as a health factor. When there are properties located within the city limits in an area that is that densely populated, the Commission would be within their discretion to determine that it would be necessary to have sanitary sewer facilities. THE CITY ENGINEER reported on Petition Number 3300, filed by Mrs. Arthur Everhart,' for the curbing, guttering, and paving of Otis Street between Third Street and Fourth Street that this petition was submitted with only the Everhart's signature. This constitutes only 6% of the land and 7% of the land owners, neither percent being sufficient to demand the improvements requested. This isolated block on Otis Avenue is an unimproved street with existing pavement abutting both the west and east ends of this block. In this situation the City Commission can order the improvements made as a connecting link between the pavement existing on the east and west ends of this block. If the City Commission ordered the improvements as a connecting link, there would be no legal protest against the improvements. Should the City Commission order the petitioned improvements completed as a connecting link, the City Engineer suggested they include Third Street from Otis Avenue to Antrim -Avenue, Harsh Avenue from Santa Fe Avenue to Fifth, Harsh Avenue from Fourth Street to Fifth, and Harsh Avenue from Third Street to Fourth Street. This would complete the paving of unimproved streets that have existing pavement on both ends of a block in the area north of Pacific and East of Ninth Street. The City Manager commented that Petition 3309, filed by Rosa Lamer, against the curbing, guttering and paving of Otis Street between Fourth and Third Streets, and the City Engineer reported this petition, being a protest petition against Petition Number 3300, is signed by 20% of the land owners who own 38% of the land. If the proposed improvements are authorized under Petition Number 3300, this petition would not be a sufficient protest; however, if the improvements are authorized as a connecting link, no protest would be allowed. Mayor Weisgerber asked the City Engineer if he had figured an estimated cost for the improvements. The City Engineer replied he had not. A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to table the issue until next week, until the City Engineer can figure the estimated cost of this improvement, and also the estimated cost of the other connecting link streets in that area. Ayes: (4). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3301, filed by Herbert J. Simmons, protesting the,paving of the 300 Block of South Third Street, between Mulberry and the river, that this petition is signed by 45% of the land owners and they own 56% of the land. Since the petitioners own over 50% of the land in the benefit district, this petition seems valid and would thus force rejection of Petition Number 3293. The City Engineer said one thing he overlooked in the report was that Mr. A. A. Bailey signed the original petition for the improvements, and signed- the petition protesting the improvements. The figures presented to the Commission reflect a percentage with his signature figured in both petitions, and withdrawing his name from either petition will change the percentages. Mrs. Oscar Wenthe, one of the petitioners, asked that the matter be tabled until Mr. Bailey returns from a vacation in California, so they can determine which petition he wishes to be included in. A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to table the issue until Mr. Bailey returns. Ayes: (4). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3302, filed by Marion Pestinger, for sanitary sewer and water line on North Fifth Street, from Euclid to Stimmel Road, that this petition is signed by 33% of the property owners in the benefit district and in the city limits. These signers own 36% of the land. A valid petition, in most cases, requires over 50% of the land owner signatures. No petition is required for a sanitary sewer line and protests are not valid if the City Commission desires to order the construction of the improvements. The City Commission could also order the water line installed for the protection of the health and safety of the residents .in the area. He recommended serious consideration be given to water and sewer improvements in this area although this petition is insufficient to demand these improvements. This area is one of the lowest water supply areas for fire protection purposes in the City. The water line would be sized to become part of our proposed Capital Improvements Program for the water distribution system. Commissioner Cooper said she checked with legal staff and the way the City is entitled to require these improvements is under health factor conditions. She said she doesn't believe the reports from the Health Department would justify that. The City Attorney replied the Commission could probably justify a sanitary sewer for an area within the city limits on the grounds that it is necessary as a health factor. When there are properties located within the city limits in an area that is that densely populated, the Commission would be within their discretion to determine that it would be necessary to have sanitary sewer facilities. Mr. Hulse, Director of the Salina -Saline County Health Department, commented that the reports they submitted did not point up the fact that there is a problem, but they support extension of municipal water and sewer wherever possible, because there is no assurance that because there is not a problem now, that there might not be a problem in two or three weeks. Mrs. Pestinger commented that since they have been annexed to the City, they should have some of the privileges of living in the City and have sanitary sewer and water. Mr. Hulse, commented that the greatest potential of pollution of the private water supplies is flooding, and this area is susceptible to flooding. A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to approve Petition Number 3302 for health reasons and authorize the improvements. Ayes: (4). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3305, filed by Brown & Brown, Inc., for the installation of 8" asphalt surfacing, concrete curb and gutter along the North and East side, temporary asphalt curb along the South side and 6" cast iron pipe water main on Dewey Street from the West lot lines of Lots 2 and 3, Brown and Brown Addition and then Easterly for a distance of approximately 500 feet including construction of complete intersection returns at Dewey and Bromac Streets, That the petition is signed by 50% of the land owners and they own 47% of the land. This petition could not have a valid protest as the City of Salina is the only other land owner involved in the benefit district. These improvements would serve the property leased to Javelin Corporation and they would be liable for payment of the special assessment taxes by the terms of their contract with the City of Salina. The City Engineer recommended the installation of these improvements. Commissioner Losik asked if these improvements would be in accordance with Resolution Number 3113? The City Engineer replied that the lease agreement with Javelin Corporation states they are liable for any special assessments. A motion was made by Commissioner Losik, seconded by Commissioner Cooper to approve the petition, providing it does comply with Resolution Number 3113. Ayes: (4). Nays: (0). Motion carried. None COMMISSION AGENDA PUBLIC AGENDA PETITION NUMBER 3312 was filed by Virgil W. Yost, for the construction of a sidewalk on the south side of the 500 block of East Cloud between Norton and Roach Streets, Southern View Addition to the City of Salina, Saline County, Kansas. A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to refer the petition to the City Engineer, Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3313 was filed by Mrs.'Catherine Fuller protesting the rezoning of Lots 6 and 8, Block 4, Woodland Addition, from District "B" (Two Family Dwelling House District) to District "E" (General Business District), as requested in Petition Number 3304. A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to refer the petition to the Metropolitan Planning Commission. Ayes: (4). Nays: (0). Motion carried. A REQUEST was received from the Salina -Saline County Health Department to discuss mosquito control program. Mr. Garth Hulse, Director of the Salina -Saline County Health Department, said he had provided the Commissioners with copies of the proposal and a cover letter indicating the urgency in terms of time. Commissioner Losik asked if it is correct that the project would also pertain to rodent control. Mr. Hulse replied that is correct. He said an identical letter was mailed to the Board of County Commissioners asking that the funding be shared on the project, and that this project would provide service to the entire county. Commissioner Caldwell said he noticed that delivery of the equipment would take from 30 to 90 days. "Provided this would go through, I am sure you are hoping that this will come from Revenue Sharing. I dont know how quick we would take action on our part of the money." Mr. Hulse, 5uggestedthe Board of Health expend some of the funds it receives from the City and County for their program year, and then when Revenue Sharing Funds become available, they could be reimbursed. Commissioner Losik asked if the County had made a committment for their part of the program. Mr, Hulse replied, "Officially I think the County is waiting to find out what the City is going to do. I feel confident we would get funding from the County for their share of the program if we got funding from the City." The Commissioners and Mr. Hulse discussed the estimated cost of continuing the program after the first year, and after the equipment is purchased, and estimated the cost would be approximately $27,000. Commissioner Cooper aksed if they would be able to fund that program out of their current budget. Mr. Hulse replied they could not. Commissioner Losik moved to accept this request in with the rest of the Revenue Sharing Funds. "I know there is urgency here. Time is of the essence, so I would move that we put this in with our others and see if we can't get together and get some money out to these people." Commissioner Caldwell asked if he would include that they should go ahead and purchase the equipment ahead. Commissioner Losik replied, "Definitely, I don't know if I can authorize that in a motion, but I would feel that we would probably - money being available - we would certainly give them this money. This is my feeling." Mayor Weisgerber commented, "If we are going to do this, we probably need to word Commissioner Caldwell seconded the motion. Commissioner Cooper commented, "I think if we are going to ask the Health Department to go ahead and purchase this stuff, then.we are definitely going to have to make a committment that we will reimburse them." The City Attorney explained, "They are on the cash basis law, and of course, if you are going to authorize them to sign a contract and order this equipment, you are going to have to make a definite committment that you are going to give them the money, because they have to know where the money is coming from when they sign the order." Commissioner Losik amended his motion, "I would like to amend this and add to this that we authorize this out of General Operating and then when Revenue Sharing Funds are available make the decision to release this money. I think that will make it legal, will it not, Larry?" The City Attorney said, "You can authorize it to be paid from the Revenue Sharing Funds, because by the time the equipment gets here, you are certainly going to have all your Revenue Sharing Funds jarred loose." Commissioner Losik commented, "Well, the only thing is, we have made no criteria for the expenditure and this would set a precident, and what I am saying is until we establish a criteria for our Revenue Sharing Funds on the expenditure of,them, this would be jumping the gun a little." The City Attorney commented they have their own budget. Commissioner Cooper commented, "I thought they were going to pay for it, and we were just simply going to reimburse them." Commissioner Losik said, "Alright then, they would need a committment from us on the Revenue Sharing Funds to authorize them to expend their funds." The City Attorney said, "This is correct." Commissioner Cooper added, "This would be for the City's share of the cost of the program." this in some way that they would be able to get the equipment. From talking with you and Dr. Olson, considering the checks that were done on the encephalitis last Fall, this could be a critical year, so you want to get a head start to prevent any epidemic that.might possible be in the making," Commissioner Losik commented, "If the County is waiting on our decision, maybe they have the money loose, so they can give it to them, to get them rolling on this thing until ours becomes available." Commissioner Caldwell seconded the motion. Commissioner Cooper commented, "I think if we are going to ask the Health Department to go ahead and purchase this stuff, then.we are definitely going to have to make a committment that we will reimburse them." The City Attorney explained, "They are on the cash basis law, and of course, if you are going to authorize them to sign a contract and order this equipment, you are going to have to make a definite committment that you are going to give them the money, because they have to know where the money is coming from when they sign the order." Commissioner Losik amended his motion, "I would like to amend this and add to this that we authorize this out of General Operating and then when Revenue Sharing Funds are available make the decision to release this money. I think that will make it legal, will it not, Larry?" The City Attorney said, "You can authorize it to be paid from the Revenue Sharing Funds, because by the time the equipment gets here, you are certainly going to have all your Revenue Sharing Funds jarred loose." Commissioner Losik commented, "Well, the only thing is, we have made no criteria for the expenditure and this would set a precident, and what I am saying is until we establish a criteria for our Revenue Sharing Funds on the expenditure of,them, this would be jumping the gun a little." The City Attorney commented they have their own budget. Commissioner Cooper commented, "I thought they were going to pay for it, and we were just simply going to reimburse them." Commissioner Losik said, "Alright then, they would need a committment from us on the Revenue Sharing Funds to authorize them to expend their funds." The City Attorney said, "This is correct." Commissioner Cooper added, "This would be for the City's share of the cost of the program." Mr. Hulse commented, "I believe the City of Salina is the first municipality to commit Revenue Sharing Funds to a health program in the State of Kansas." The City Attorney said, "I suppose your motion was we would commit if the County goes ahead and commits their half." Commissioner Cooper replied, "Yes, that is what I said, our proportionate share." Mayor Weisgerber called for a vote on the motion. Ayes: (4). Nays: (0). Motion carried. A REQUEST was received from School Specialty Supply, Inc., for the City of Salina to issue $950,000 in Industrial Revenue Bonds to pay the cost of land and the construction of a warehouse. Commissioner Losik said, "I believe this has been discussed and we have agreed to do this and I so move, and I wish more local businesses would take advantage of this." The motion was seconded by Commissioner Caldwell. Ayes: (4). Nays: (0). Motion carried, Mr, Bob Gordon thanked the Commission. A MOTION was made by Commissioner Caldwell, seconded by Commissioner Losik that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (4). Nays: (0). Motion carried. D. L. Harrison, City Clerk