Loading...
07-12-1976 Minutes1 1 1 City of Salina, Kansas Regular Meeting of the Board of Commissioners July 12, 1976 The Regular Meeting of the Board of Commissioners met in the Commissi Room, City -County Building, on Monday, July 12, 1976, 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 Gerald F. Simpson, Chairman presiding Commissioner Robert C. Caldwell Commissioner Keith G. Duckers Commissioner W. M. Usher Commissioner Jack Weisgerber comprising a quorum of the Board, also, L. 0. Bengtson, Norris D. Olson, D. L. Harrison, Absent: None City Attorney City Manager City Clerk 37 The Minutes of the Regular Meeting of June 28, 1976 were approved as printed. STAFF AGENDA BIDS WERE RECEIVED for Engineering Project 76-604. (Street improvements for Sullivan and Wallerius Additions) Smoky Hill, Inc. 83,866.50 J. S. Frank Construction Co., Inc. 107,879.00 Engineer's Estimate 94,015.00 A motion was made by Commissioner Usher, seconded by Commissioner Duckers to award the contract for Engineering Project 76-604 to Smoky Hill, Inc., in the amount of $83,866.50, providing the bid meets the Engineer's specifications. Ayes: (5). Nays: (0). Motion carried. 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 East 35 feet of Lot 3, and all of Lot 4, Block 1, Wight's Addition and all of Lot 10, Atherton and Phillips Addition, from District "B" (Two -Family Dwelling House District) to District "C" (Apartment House District), as requested in Petition Number 3564 which was filed by Thomas and Doris Darnell). A motion was made by Commissioner Caldwell, seconded by Commissioner Weisgerber to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Duckers, Usher, Weisgerber, Simpson (5). Nays: (0). Carried. The Mayor approved the Ordinance and it is numbered 8500. The ordinance was introduced for first reading June 21, 1976. 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." (Lots 1 through 10, Block 8, Georgetown Addition, from District "C" (Apartment House District) to P.D.D. (Planned Development District). Mr. George Etherington, 443 Aullwood, was present and showed a vicinity map and the architects drawings of the proposed development. �d i I Commissioner Weisgerber asked how far the area is from any current residences? Mr. Etherington replied they are about 600 feet away. Commissioner Usher asked how many stores there will be in the devel Mr. Etherington replied 12 or 13, and that the center is being developedl. for the area he is developing. Commissioner Usher asked if there is a time limit? Mr. Etherington replied the time limit is 5 years. Mr. Bob Constable, attorney representing residents of the area, was present and presented the reasons the residents do not want the area to be rezoned to P.D.D. "The residents want the area to remain quiet, uncongested, single family residential; all services essential to the residents of the area can be obtained approximately 1 mile away; the downtown area is being continually improved and updated in an effort to provide a strong core area; one more shopping center would dilute the downtown even more; the proposed location would cause further traffic problems on Crawford not only vehicles on Crawford and Marymount but foot traffic from Heather Ridge; Crawford, as it now exists, would not support traffic in and out of that area; Salina master plan recommends, neighborho # 7 Meadowlark School Area, retail business development at Crawford and Marymount should be discouraged; the plan also recommends serious consideration be given to requiring a detailed market analysis preceed or accompany requests for rezoning for neighborhood shopping center purposes; the plan goes farther, if there were to be a shopping center, they should be 2 miles apart so each would draw from a 1 mile radius. The study recommended a shopping center 1 mile east of Marymount and Crawford intersection; Mr. Etherington is talking about turning into an apartment complex and shopping center some of the best residential area in the city that is prime single family residential area; people interested in this, those here today ask the City to take their wishes and desires into consideration. They want to work for the best interest of the City of Salina and like to keep it that way and see it develop." Commissioner Weisgerber commented on some of the points; that "the area is best residential area," but the area has been rezoned for apartments since 1974. "That for services", he disagrees with the calculations. It is one mile from Marymount to Ohio and Elmore is west of Ohio, and the proposed shopping center is east of Marymount road. If the shopping center goes in and you sell property a selling point will be that there is a shopping center 11 or a mile away. This Commission doesn't want to hurt anybody up there, but at the same time it is difficult to feel this shopping center will do anything but good. Traffic problems always go with city expansion and the city has to keep up with proper roads and street development to keep up with this. There were references made to an old study of the area. The last land use plan, while not specific did specify local shopping service, somewhere in this general vicinity. It is a more up to date document than the one to which you refer. Mr. Constable said the residents feel they have all the essential services readily available. He said, "The shopping center must be looked at in conjunction with the apartment complex. Many people are more strongly opposed to the apartment complex than the shopping center. There are procedures available to change that apartment zoning and that is being looked into at this time. We plan to look at the apartment aspect at a later date, depending on how you gentlemen vote today." He asked, on behalf of the residents of the area that the shopping center be denied. Commissioner Duckers asked if they feel there would be any way he and his group could meet with Mr. Etherington to discuss this matter and come to any amiacable agreement, or if your people are in a posture that they will not change? mind. Mr. Constable replied they had a meeting, but it didn't change anybody' 1 1 1 Commissioner Usher asked Mr. Etherington if he would be willing to meet with a selected group? Mr. Etherington replied he would be happy to. Mr. Constable commented that the residents are concerned that the apartment complex will deteriorate into an area of high incidents of vandalism, lots of transient people, and this is not what people of this area want this neighborhood to turn into. Commissioner Weisgerber commented that this subject is not a matter of debate today. Commissioner Usher asked if, in a planned development district, the developer is restricted to conform with the plan as it is approved? Mr. Rawlings explained that what has been approved is the site developme t plan for a shopping area and there can be a 5% variance in the size of the structures or parking, and the development is restricted to the uses the Commissio approves and that the City Commission can amend anything the City Planning Commission has recommended, and the City Commission can require anything it wants, including a landscape plan. Dr. Marvin Gunn said the people present represent only a small fraction of the people opposed to this development. Mr. Frank Baringer asked if their next step is to get an injunction? The Commissioners replied that he will have to consult his attorney. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to table the matter for 30 days to give Mr. Etherington and his attorney and architect time to get together with Mr. Constable and interested persons to see if they can reach an amiable agreement. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of the final plat of Dow Addition as requested in Petition Number 3541 which was filed by A. B. Seelye Company, Inc. A motion was made by Commissio Duckers, seconded by Commissioner Caldwell to accept the recommendation of the City Planning Commission and approve the final plat of Dow Addition, and authorize the Mayor to sign. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of the final plat of the Replat of Lot 1, Block 1, Country Hills Addition Number 2 as requested in Petition Number 3543 which was filed by A. B. Seelye Company, Inc. A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to accept the recommendation of the City Planning Commission and approve the final plat of the Replat of Lot 1, Block 1, Country Hills Addition Number 2, and authorize the Mayor to sign. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the denial of Petition Number 3568 which was filed by Max McClintock for the rezoning of Lots 8 and 9, Block 5; Lots 8, 9, 10, Block 6; and Lots 8, 9, 10, Block 7, and Lots 8, 9, 10, Block 8, Wallerius Addition from District "A" (Second Dwelling House District) to District "B" (Two -Family Dwelling House District). Mr. McClintock was present and went to the bench to show the Commissioners plans of the area, and requested the Commissioners refer the rezoning request back to the City Planning Commission as he was unable to be present on the day of his public hearing, so he can explain the situation that he doesn't believe they are all aware of. A motion was made by Commissioner Duckers, seconded by Commissioner Weisgerber to refer the rezoning request back to the City Planning Commission for its reconsideration at the request of the petitioner. Ayes: (5). Nays: (0). Motion carried. 40 THE CITY ENGINEER reported on Petition Number 3563 which was filed by Roy Presley for curbing, guttering, paving, water and sanitary sewer improvements for certain lots in Country Club Estates Addition Number 2, that the petitioner owns 100% of the property in the benefit district and that it is a valid petition. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to accept the City Engineer's report and approve the petition. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3567 which was filed by George Etherington for curbing, guttering and paving on Glen Circle and water and sewer improvements for certain lots in Georgetown Addition, that the petitione represents 50% of the owners and 59% of the land in the benefit district and is therefore a valid petition. A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to accept the City Engineer's report and approve the petition. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3569 which was filed by Guy E. Trow for sanitary sewer improvements to serve the houses on Stimmel Road east of Ninth Street, that, "The petition was signed by 4 of 7 -property owners representing 354' of 1,034' of front footage. This represents 57% of the property owners and 34% of the frontage. Based on the above percentages, this does not represent a valid petition. "The size of the six lots with houses on them, which this sewer lateral would serve, are each too small to support a private disposal system. The only means by which these people can expect to maintain a reasonably sanitary condition on their property is to have access to a public sewer line. "In view of the above conditions and those set out in correspondence from the City -County Health Department, this office strongly recommends the construction of a sanitary sewer to serve this area." A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to accept the City Engineer's report and order the sewer line installed Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Caldwell, seconded by Commissioner Weisgerber to set the date of August 2, 1976 as the date for Budget Hearing for the 1977 Budget and authorize the City Clerk to publish the notice of hearing. Ayes: (5). Nays: (0). Motion carried. PUBLIC AGENDA PETITION NUMBER 3575 was filed by William Reimold for the rezoning of Lot 1 and the North 33 feet of Lot 2, Block 1, Talley Addition, from District "D" (Local Business District) to District "F" (Light Industrial District). A motion was made by Commissioner Caldwell, seconded by Commissioner Weisgerber to refer the petition to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3576 was filed by Russel L. Thorp, Rt. 7, Topeka, Kansas, for the vacation of Wilson Street between Hancock and the railroad tracks, with the land being returned to the adjoining property. (Lot 1, Block 24, Southern Heights Addition). A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to refer the petition to the City Engineer. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3577 was filed by Gale Stout, for the disapproval of Petition Number 3565 which seeks permission to build Georgetown Village Place Shopping Center at Fairdale Road and East Crawford. This petition was considered earlier in the meeting at the time the rezoning of Block 8, Georgetown Addition was considered. PETITION NUMBER 3578 was filed by Ben and LaVelle Frick for the vacation of the utility easement in Block 2, Marydale Addition, adjacent to Lots 28, 29, 30, 32. A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to refer the petition to the City Engineer. Ayes: (5). Nays: (0). Motion carried. 1 1 1 COMMISSION AGENDA "DISCUSS the Smoky Hill River through Salina." Duckers.) 4t (Sponsored by Commissioner Commissioner Duckers said, "I think I have been upstaged by the other excitement of the day, but nevertheless, in spite of the fact that this seems to come up about every six months and get discussed and I think it is time that we talk about the Smoky Hill River running through our city once again, or where the Smoky Hill used to run through our city and see if we actually can't get something going to do something about it. I had an opportunity to talk to just one of the many people that I know of who has had a vital concern about this for a long time and that is Dr. Spencer McCrae. We happened to have lunch together at Kiwanis a week or so ago, and we discussed it and how that was the one ingredient lacking to make the 4th of July absolutely perfect in Salina the old fasioned celebration in the park which the Bicentennial Commission did a superior job on, but there wasn't anything that could be done about the little brook that was running through there, where they used to have boat rides and fish and enjoy the river as it was. I am wondering if it is really necessary to accept it as it is? This little brook which it is nothing more than. Dr. McCrae provided me with some research that he has uncovered on this and it seems to me that if, when the Corps of Engineers and the city fathers came up with this plan to protect Salina from floods, and certainly it was necessary I was here in the flood of 1951 as many of you were, and I know it happened every decade, and it was a disasterous thing and we certainly needed to do something, but it seems to me that the plan to do with the river what has happened if they would have cut it off and overnight it became just the brook that it is, I think the town would have been up in arms. But I think all of a sudden this happened so gradually and after a period of years we realized the river was never going to be back like it was before. Dr. McCrae's research discovered some articles from our Salina Journal, and I would like to quote from several of them, which leads me to believe the people felt that the flood control cut-off channel was going to be used simply as a cut-off channel when the river flooded and not to take our river away from our town. From an editorial on the 25th of January 1957, these will just be excerpts: "These two phases consist of two kinds of work, one is a diversion channel through the east finger of Salina to keep the Smoky Hill River at flood time from flowing through the big loop that winds about the heart of town." You will note the theme through all here, it would flow through there at flood time. Here is one from the Journal 11/28/56. "The cut-off channel East Iron linking 2 bands of the river and diverting high water from the city in times of flood." Another one the 29th of February, '56. "In flood time the river can be shunted around the city through the cut-off channel." Another from July 22, 1951 right after the flood, they are talking about, "Here is how to flood proof Salina, at high stages the conduit in the two earth dams would be closed and flood water would be discharged over the weir and through the cut-off channel. We find another one then, I think this is when the Engineer'I were dusting off the Salina Flood plan in June before the flood, they were saying when flood threatened the high water would be diverted into the canal; so the theme that the Corps of Engineers sold to the City of Salina, it seems to me, was that they were going to protect us with the dikes and they were going to shoot the water through the cut-off channel at flood times, otherwise the river would flow through town as it always had. I am well aware of the theory that floods scoured the river and that it is the only thing that ever kept it from silting up as it has been doing these last 15 years or so was the rush of the occasional flood. Norris and I drove out there this morning and looked at it, we were running a 54" tube, that would be a 4'4" tube of water through Salina and since Mr. Vanier has given us the dam and we released the gate over by the new overlook as you all know this 48" stream of water going through town is channelizing itself, cutting a channel, it is flowing through and it seems to me if 48" will do that, what if we put 2 tubes in or 4 tubes or 42 tubes, whatever it takes to have a flow of water that will keep itself scoured. Now it seems to me somebody, certainly not me, but someone is smart enough to figure out what it takes to scour itself and let us put that much water back through town, and certainly if we can't have it like it once was let us make it better than it is now; and so with those opening comments, I would like to hear what my fellow Commissioners have to say, what any of our friends in town have to offer. I would like to get something going on this." j Commissioner Caldwell recalled the Corps of Engineers has been out here twice on this project in the last 6 years, and they didn't think it was feasibile at the time. Commissioner Usher said that the Corps of Engineers was supposed to come out here and give us a complete report about 3 years ago. They gave us several alternative plans, then they go back to their castle in Kansas City, and they can come back with estimated costs and so forth and how it can be funded, if it can be funded. Commissioner Weisgerber asked about the capacity of the bridges through town and if it is sufficient for additional water flow. Mr. Boyer asked how full the Commission plans to let the river get before the water is shut off, and if it is going to get bank full, you will have to build span bridges. He asked if the Commission is talking about having the river as it was or having a sloping river? He asked if they are talking about putting the dam back in use or blowing the dam out of existence and letting the river run? He said all these things will effect your decision. Commissioner Duckers said, "Maybe if we get started on it, at some point down the line somebody can figure out how to pull that 5 pounds of dirt out, a practical way. Maybe not in 1976, but maybe in 1986." Mr. Boyer explaned that there is no inexpensive way. Commissioner Duckers commented, "The Smoky Hill River has always been a muddy river, and people enjoyed the river. They boated on it and they fished in it, their back yards had boat docks and it was an asset, a plus." Mr. Boyer recalled that the plan originally called for no water coming through the City, but because of water rights held by the Western Star Mill, the plan had to be changed to allow some water to come through the city for that purpose. Dick Brown, R. W. Bull, Dr. McCrae, and Steve Burr, were all present and suggested a simpler solution than the Corps of Engineers plan might be developed locally by an engineering firm. A motion was made by Commissioner Duckers, seconded by Commissioner Caldwell to ask the City Manager to contact the Corps of Engineers to set up a date for a meeting. Ayes: (5). Nays: (0). Motion carried. The Commissioners brought the following items to the floor for discussi A motion was made by Commissioner Usher, seconded by Commissioner Duckers, to add appointments to boards and commissions to the agenda for considera Ayes: (5). Nays: (0). Motion carried. THE MAYOR, with the approval of the City Commissioners, made the following appointment: Library Board Mrs. June Jennison appointed to fill the unexpired term of J. Martin Hall to April 30, 1977. Commissioner Weisgerber commented about the poor news coverage of a meeting held regarding the target area for Community Development Block Grants, and that he has had a number of phone calls from concerned and frightened people about the intention of the City inspectors to force their way into people's homes to enforce the Minimum Housing Code. ion. 1 1 A MOTION was made by Commissioner Duckers, seconded by Commissioner Caldwell that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. D. L. Harrison, City Clerk