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03-19-1973 Minutes1 1 City of Salina, Kansas Commissioners' Meeting March 19, 1973 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, March 19, 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 Leon L. Ashton 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: None The Minutes of the Regular Meeting of March 12, 1973, were approved as mailed. Mayor Weisgerber welcomed City Commissioner candidates Harold Fitzpatrick and Bill Usher to the meeting. STAFF AGENDA 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 prescribing the proper uses thereof." (For the Rezoning of a tract of land in the SW4 14-14-3, West of US 81 Bypass from District "A" (Second Dwelling House District) to District "D" (Local Business District). 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, Caldwell, Cooper, Losik, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8279. The ordinance was introduced for first reading March 12, 1973. THE CITY ENGINEER reported on Petition Numbers 3300 and 3309, regarding the curbing, guttering and paving of Otis Street from Third Street to Fourth Street. (Tabled at the March 12, 1973 meeting) He reported the cost estimates cover the one block of Otis Street and are $6.7318 a front foot. The three blocks on Harsh Avenue would be the same as those on Otis Avenue; however, if the one block on Third Street were forced in it would triple the cost of Otis Avenue paving for Lots 10, 12, 14, 16, 18 and 20, Block 20, Woodland Addition. After a lengthy discussion concerning the paving of the street requested, and the other streets which would be connecting links, and their need to be paved to help improve the area, a motion was made by Commissioner Ashton, seconded by Commissioner Caldwell to table the issue for two weeks, so Mr. Ashton, who was absent last week, could have time to study the situation. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3312, which was filed by Virgil W. Yost, for the construction of a sidewalk on the south side of the 500 block of East Cloud Street, between Norton and Roach Streets, in Southern View Addition. He reported there is no sidewalk on the south side of Cloud Street between Roach and the slough to the west, but there is a sidewalk on the south side of Cloud Street from Roach Street east to Lewis. The signers of this petition constitute 64% of the property owners, and it is a valid petition. The City Engineer recommended the construction of the sidewalk. A motion was made by Commissioner Caldwell, seconded by Commissioner Ashton to accept the recommendation of the City Engineer and approve the sidewalk. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the Citizens' Advisory Committee, Jerry Simpson, Chairman requesting permission to present a statement to the City Commission concerning the Minimum Housing Code. F )34 Jerry Simpson said, "The Citizens' Advisory Committee urges the people of Salina to retain and support the Minimum Housing Code. "The Citizens' Advisory Committee drafted the original Minimum Housing Code and recommended its adoption to the City Commission in January 1965. Ordinance Number 6900 was passed by the City Commission on January 3, 1966 and published January 11, 1966. i "Since that time there have been several amendments to the Minimum Housing Code. The Citizens' Advisory Committee has considered and recommended approval of those revisions to the City Commission. "There is no indication that enforcement of the Minimum Housing Code at any time since its adoption in 1966 has been unreasonable. The code provides an appeals procedure as a safeguard against undue hardship and unreasonable enforcement. "It is the opinion of the Citizens' Advisory Committee that every citizen should be entitled to safe, decent, and sanitary housing. Further, we believe that the present Minimum Housing Code is beneficial to preserve and promote public health, safety, welfare and morals of the community. "We recognize that changes in the code may be desirable or necessary from time to time in order to best serve the needs and desires of our community. Accordingly, we encourage any individual or group of individuals wishing to bring about a revision or modification of the Minimum Housing Code to present their suggestions to us for consideration and subsequent recommendations to the City Commission." "Unanimously approved by those members present at the regular meeting March 13, 1973." A motion was made by Commissioner Ashton, seconded by Commissioner Cooper to accept the letter from the Citizens' Advisory Committee. Commissioner Losik said, "There seems to be some confusion as to whether the Minimum Housing Code we have in effect is an actual Minimum Housing Code that we adopted from a national code." Commissioner Caldwell said each one of these is set up locally. The City Attorney explained that one of the requirements to be eligible to receive federal funds is that we have a Minimum Housing Code. "I don't think there is a uniform Minimum Housing Code as such, like the electrical code, or plumbing code. I don't think there is such a thing as a National Minimum Housing Code. -1 think probably what you did was get guidelines from HUD as to what other cities used, and went from that." Commissioner Cooper commented, "Maybe it is not a national code in the same context that the electrical and the plumbing code are, but it is,a federal requirement, so I think we are doing just some kind of an exercise in the English Language when we say it is a local code because they say what must comprise this local code." The City Attorney said, "This is pretty much so, they tell you if you want Federal funds you are going to have to meet certain standards." The Commissioners and staff held a lengthy discussion on the history of the Minimum Housing Code. Commissioner Losik remarked, "I think there has been too much of this verbal stuff, this is why we are in the fix we are in. I personally believe we need a Minimum Housing Code, but I also feel we need to have, in writing, the guidelines from HUD as to what they are saying to us verbally. If they can't produce it in writing, then we should definitely be able to judge for ourselves in this Community what fits our community. I can't go along any more on this stuff, because it has been too much verbal. I would request that we write to HUD and ask them, 'Do they have guidelines', and if they do please submit them to us and then we can go from there; because this thing of calling somebody down there, that is their idea and it could be an individual idea. I think we, in Salina, know what our situation is, and if they have guidelines we can adapt our situation to it, if they don't have guidelines, I know we have people here in this community that could tell us what is the best for this community." Bill Harris, Deputy City Manager, said, "HUD has told us, in writing, each time that we have applied for recertification, the areas of deficiency in our housing code and this was done in 1972. 1 think there were 4 or 5 items in the housing code that they told us were deficient, unacceptable, and they told us what had to be done with them, and that was done. They have told us all.the way from 1965 any point that they saw any deficiency in our code and what needed to be done to upgrade it. Now, it seems there is a question if there might be areas or sections of our code that would be exceeding HUD's minimum requirements. We could ask them if there is any part of our code that is more restrictive than they feel necessary in order to meet their minimum acceptance, and I am sure that they would point it out to us; but they have, in writing, and we have them in our files, right from 1965 every fault that they have found in it, every deficiency. Our people, the people of Salina and the members of our Citizens' Advisory Committee have worked with this thing, and they have worded it, of course following the requirements of HUD first of all, but then supplementing it as they saw fit to meet the needs of Salina. There has been a lot of local input, into this th.ing:" Jerry Simpson offered the Citizens' Advisory Committee as a vehicle or an area of input. If people or groups of people think there should be changes made in the code, we would like to know and consider those changes, then make recommendations to the City Commission. The code originally came from the Citizens' Advisory Committee. I would be happy, as chairman, to receive any suggestions." Commissioner Caldwell commented, "It should not leave any doubt in anyone's mind as to what the Citizens' Advisory Committee wanted to say about this. They recommended this to the City Commission in the past, and I think we should accept it unanimously, for the approval of this letter from the Citizens' Advisory Committee." Mayor Weisgerber called for a vote on the motion. Ayes: (5). Nays: (0). Motion carried. Commissioner Cooper again suggested they hold a public hearing on the Minimum Housing Code, to answer questions, and so forth. CONSIDERATION OF PURCHASE OF A SITE FOR SANITARY LANDFILL. The City Attorney explained the necessity for a resolution. Before you go out and acquire a landfill site, you need, as a governing body, to determine that it is necessary that you acquire it for this specific,purpose. A motion was made by Commissioner Cooper, seconded by Commissioner Losik to adopt the Resolution entitled: "A RESOLUTION determining that it is necessary that the City of Salina, Kansas acquire a site for solid waste disposal and authorizing the purchase of Section Seven (7), Township Fifteen (15) South, Range Three (3) West of the Sixth Principal Meridian in Saline County, Kansas, for said purpose," and the following vote was had: Ayes: Ashton, Caldwell, Cooper, Losik, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3139. Commissioner Ashton asked if this $120,000 would come from the Revenue Sharing money? Commissioner Losik replied, "We have to decide that, but you are right, I think that was already decided, I think that is the only choice we have." City. CONSIDERATION OF FEES for use of the sanitary landfill by non-residents of the Commissioner Caldwell moved that this be considered by the staff. Commissioner Losik seconded the motion, and said this is a good recommendation. Let the staff advise what they think would be satisfactory fees and then we could review them and put them in force at the same time we would actually start operating at the new site, about July 1, 1973. Ayes: (5). Nays: (0). Motion carried. None COMMISSION AGENDA PUBLIC AGENDA PETITION NUMBER 3314 was filed by Lee 0. Haworth Construction Company, Inc., for the installation of streets, water and sewer lines on Bret Avenue from Neal Avenue, south and east to the existing paving; Patty Drive from Bret Avenue to Scott Avenue, and Scott Avenue from Patty Drive to Melanie Lane. A motion was made by Commissioner Caldwell, seconded by Commissioner Ashton to refer the petition to the City Engineer for a report. Ayes: (5). Nays: (0). Motion carried. Commissioner Losik asked that the City Engineer give his opinion as to whether Resolution Number 3113 would apply at that time. PETITION NUMBER 3315 was filed by George C. Etherington for amendment to the City P Zoning Ordinance to include commercial and industrial uses in Section Twenty (20), Community Unit Plan Development - Appendix "A". A motion was made by Commissioner Ashton, seconded by Commissioner Losik to refer the petition to the Metropolitan Planning Commission. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3316 was filed by Mrs. Merle A. Rowan for recession of Petition Number 3302 which was filed by Marion W. Pestinger for the extension of sanitary sewer extension and water line on Fifth Street from a point 450 feet north of Euclid Street to Stimmel Road. P `�3 The City Attorney said this petition would have no effect whatsoever, because - last week the Commission made the determination that it was necessary to install these services for health reasons, and are necessary for the public health. Commissioner Losik commented, "Yes, but we can if we so desire, and I think we should desire because the written report from the Health Department is not that conclusive. We went along because we had no protests here, so if we do have this many people protesting, I mean, I agree the Health Department feels very strongly the way a lot of us do that if there is a potential there, but as far as their report shows now, there is none in existence, so with all these people here, I think we should hear them." The City Attorney suggested the Commissioners refer this petition to the City Engineer, and have him come back with a feasibility report for them to consider. A motion was made by Commissioner Ashton, seconded by Commissioner Caldwell to refer the petition to the City Engineer for further study, and to determine the cost. Mr. Merle Rowan was present and stated, "I feel at the present time it is not feasible to have the water and sewer in this area due to the fact that 10 out of the 14 property owners in this area have signed this counter petition, and we voiced our opinion to Mr. Marion Pestinger when he came around. You will note that the wells that were checked, everybody's came back bacteria free except Marion Pestinger's, and I feel that if this was checked out they could see why it came back with bacteria in it. As far as the amount of property owned out there, we represent a little over 70/ of the property, and we have a lot of retired people out there that cannot afford this. Personally, I cannot afford this. My water is good, I spent money to have good water." Mayor Weisgerber asked them if they knew what the cost would be? Mr. Barnhill replied that they have talked with the City Engineer, and the cost will be about $30 to $32 a foot, and "I can't afford that. I would loose my home. I just can't afford that kind of payment. I have a 75 foot front." Mr. Whitaker said he has a 320 foot front, and this type of assessment would cost more than 50/ of what he paid for the property a year ago last February. Mr. Rowan said approximately 1/3 of the people out there are retired and drawing Social Security, and these people could not afford to have their taxes increased. They would have to sell their homes and move, and lie doesn't feel this is right to force this onto people just for one man's convenience. "I am looking at $10,000 just to see it run by the front of my house, and that doesn't include hooking on, and if it would upgrade my property that much, I am open for bids from the Commission and the City on the place." Mr. Barnhill added that the people in the area cannot afford to bring the water and sewer into their homes, so what have they gained, except bringing their taxes up. Mayor Weisgerber asked the City Attorney what effect this petition will have on the other petition? "Does it in effect put a hold on the other until we reach a decision?" The City Attorney replied that the Commission action today, by referring it back to the City Engineer, and with the protests heard, the Commission is saying it will take another look at it, and at the time the feasibility report is filed, a final decision will be made. Mayor Weisgerber called for a vote on the motion to refer the petition to the City Engineer for a feasibility report. Ayes: (5). Nays: (0). Motion carried. TREE TRIMMING LICENSE APPLICATION was filed by Bernard G. Schoenhofer, 767 Osage. The City Clerk reported the applicant has paid the appropriate fee and has filed the required surety bond and certificate of public liability insurance. A motion was made by Commissioner Ashton, seconded by Commissioner Losik to approve the license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. CEREAL MALT BEVERAGE LICENSE application was filed by Nancy Hindman, d/b/a The 19th Hole, 2500 East Crawford. The City Clerk reported the applicant has paid the proper fee, and has been approved by the Health Department, Zoning Officer and the Police Department. Commissioner Losik asked if this application is new or a renewal. _ The City Clerk explained that last year, the license was issued to a partnership, and this year one of the partners is running the business as an individual license. Commissioner Losik asked if they would encounter the same kind of conflict they had last year when two licenses were issued in a year to one club? The City Clerk explained that this is the only license issued to this business, the partnership license expired December 31, 1972. A MOTION was made by Commissioner Ashton, seconded by Commissioner Losik to approve the license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Losik, seconded by Commissioner Cooper that the Regular Meeting of the Board of Commissioners be adjourned, Ayes: (5). Nays: (0). Motion carried. r, D. L. Harrison, City Clerk 1