Council gives nod to kennel

Oct. 18—Great Bend City Council meeting at a glance

Here is a quick look at what the Great Bend City Council did Monday night:

—Approved a conditional use permit for a group daycare center at 4507 Farmers Plaza Lane at the request of Great Bend Economic Development Inc. President Sara Hayden on behalf of Advancing Barton County Childcare Inc.

Notice of the request and of a public hearing on the request were given to surrounding landowners within 200 fee. Notice was also published in the Great Bend Tribune.

A public hearing was held on Sept. 26, before the planning commission. There were no surrounding landowners that attended the meeting, Building Official Logan Burns said.

The property was purchased from Farmers Enterprises Inc. by ABCC. The site is currently vacant.

—Approved a zoning regulations amendment to allow a boarding kennel in a residential district at the request of Larry and Jennifer Kurtz at 5908 Broadway.

—Approved a conditional use permit to allow the boarding kennel.

—Approved a temporary premises extension for Dry Lake Brewing.

Dry Lake Brewery requested the extension on Oct. 29 to host a Halloween party. The event will include food trucks and Pumpkin Smash fundraiser for the Cystic Fibrosis Foundation. The consumption of alcohol is planned in the proposed space.

The brewery is working with the State Alcoholic Beverage Control to obtain proper permits for this activity. In order to allow consumption of alcohol on public property, the ordinance had to be passed to exempt the public property from state statute, City Attorney Allen Glendenning said.

—Approved an ordinance limiting living in recreational vehicles to campgrounds, RV parks and mobile home parks.

Existing ordinances and regulations could be interpreted to prohibit the use of an RV parked on a lot as a residence. However, they do not clearly do so, City Attorney Allen Glendenning said.

—Approved the annexation of the Cambridge Development at the request of Housing Opportunities Inc. HOI is developing a three-phase housing project on the site which is currently outside the city limits.

HOI is the sole owner of approximately 24 acres adjacent to the southern boundary of the city, at the end of Grant Street and behind Walmart. It has been working with the Planning Commission to rezone the property to a planned unit development, City Attorney Allen Glendenning said.

A hearing before the Planning Commission is set for Nov. 28.

—Approved the city attorney/prosecutor contract with Allen Glendenning and the Watkins Calcara law firm of Great Bend.

For the past year, the city has contracted with Watkins Calcara for attorney and prosecutor services, City Administrator Kendal Francis said. The current agreement is based on 40 hours per month for attorney and 40 hours per month for prosecutor.

The base fee for services is $14,000 per month, with additional hours be billed at $200 per hour.

"We have learned that the attorney's workload requires a more full-time presence," Francis said. Following overtures to Glendenning for a full-time position, a new contract has been proposed. In short, Glendenning will serve as city attorney/prosecutor for 40 hours per week combined, and the fee will remain at $14,000 per month, Watkins Calcara will provide workers compensation and other applicable insurance, and the city will continue to provide a legal staff position to assist.

The term of the new agreement is for three years ending November 2025.

—In a tie vote broken by Mayor Cody Schmidt, approved a 7% increase for the employees for 2023 city health insurance coverage. They also voted to state with Blue Cross and Blue Shield, however they will look at other options come next year.

Julie Yarmer with Freedom Claims Management contacted the city about their services, and she presented options Monday night. The city then contacted Mike Minton, Great Bend-base area vice president with Arthur J. Gallagher & Co., to discuss options, and he was also present at the meeting.

—Heard a report from City Administrator Kendal Francis. He focused on results from the citywide cleanup, the automated water meter reading system and progress on the Justice Center.

—Approved abatements for trash and refuse violations at: 207 Heizer St., Eleaquin Ruiz-Torres; 1419 Hubbard St., Maria Vazquez; 1429 11th St., Evan L. Keenan; 1113 9th St., McCord Property Management LLC.; 5210 10th St., WLS Rentals Holiday LLC.; 812 Pine Pi., Nahum Olivas; and 823 Pine Pi., TM Acquisitions LLC.

—Approved abatements for vehicle nuisance violations at: 800 Pine Pl., TM Acquisitions LLC.; 416 Almond St., TM Acquisitions LLC.; 1102 Hubbard St., Al G. And Patricia L. Smith; 1700 Lakin Ave., Jean H. Hanks; and 1720 Harrison St., Deby J.Wagner and Kimberly A. Wagner.

—Held a 15-minute executive session to discuss legal matters. No action was taken after returning to open session.

With nothing but support from neighborhood residents, the Great Bend City Council Monday night approved a zoning regulation amendment and conditional-use permit, allowing Larry and Jennifer Kurtz to operate a pet boarding kennel, Miss Jenny's Pet Palace, in a residential district at 5908 Broadway.

The issue recently arose that kennel businesses are not allowed in residential districts, said Building Officials Logan Burns. A request from the Kurtzes to continue the operation of their kennel from their home led to discussion by city staff regarding the permitting of such businesses.

They addressed the council on Aug. 15.

The result of the discussion was that staff concluded certain circumstances might justify permitting of such kennel in residential districts. So, it was proposed to amend the current zoning regulations to define boarding kennel and redefine kennel. It was also proposed to amend the current residential district conditional uses to allow for boarding kennels to be operated by residents.

The Planning Commission considered the matter at its Sept. 26 meeting and recommended approval.

Among the conditions for such operations are: No more than 10 dogs or cats may be boarded (including the owners' personal pets); odor and noise must be controlled; and all permitting must be maintained.

"They're maintaining it in very good condition," Burns said of the Kurtzes kennel. He has visited the site and inspected it.

The hearing

According to the minutes from the hearing, Larry said they thought they went through the proper channels and got licensed by the City of Great Bend and the Humane Society, and stated his license was for a boarding facility. They are licensed through the Kansas Department of Agriculture. They try to keep it down to 10 dogs during the day. They said the issue arose because of excessive noise from the dogs and said dogs will bark and that there are 26 dogs in his neighborhood.

They have been in business for two years and have a client base of approximately 370 people, and they believe they are doing a good service for the community and can accommodate the schedule of their clients.

The Kurtzes said it would be a blow to their income if they were not able to have the service because of social security.

Commission Chairman Steve Dobratz asked how the mishap happened and how Kurtz were issued the permit in the first place. Burns said the form for the multiple animal permit did not specifically check zoning.

As to the barking, Larry said they keep their dogs entertained by putting them outside by their size and temperament with three separate play areas by size. When they do hear dogs are barking, they go out and take care of it.

They never let dogs outside if they are not home. They have cameras in the backyard and kennels and can keep track of them.

In fact, Larry said their loudest dog is their own German shorthair and they keep a bark collar on her continuously, but many of their clients do not approve of these. They try to prevent the barking as much as they can.

Larry said he had approximately $15,000 invested in the business. He knows he is opening the door for others to come forward to do a business like this, but he is here for their own business.

Burns said he toured the facility and that he made a very good attempt at soundproofing the facility and had kept the facility clean and also the animal waste. They use a chemical that sanitizes everything and keeps the flies down.

They have to live there, and they live in a nice neighborhood and want to respect their neighbors, Larry said.

He did not move into the neighborhood to upset people and just wanted to find a solution.

After the presentation, 19 neighborhood residents Pet Palace customers all spoke highly in support of approval of the facility.