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08-23-1976 Minutes4 City of Salina, Kansas Regular Meeting of the Board of Commissioners August 23, 1976 The Regular Meeting of the Board of Commissioners met in the Commissi Room, City -County Building, on Monday, August 23, 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, City Attorney Norris D. Olson, City Manager M. E. Abbott, Acting City Clerk Absent: D. L. Harrison, City Clerk The Minutes of the Regular Meeting of August 16, 1976 were approved as printed. STAFF AGENDA A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing and ordering certain curbing, guttering, paving, grading, water system, and sanitary sewer improvements, ordering preparation of plans and specifications, and the estimate of costs." (Engineering Project 76-608 - Improvements in Country Club Estates Number 2.) A motion was made by Commission Usher, seconded by Commissioner Duckers to adopt the resolution as read and the following vote was had: Ayes: Caldwell, Duckers, Usher, Weisgerber, Simpson (5). Nays: (0). Carried. The Mayor approved the resolution and it is numbered 3288. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing and ordering certain curbing, guttering, paving, grading, water system, and sanitary sewer improvements, ordering preparation of plans and specifications, and the estimate of costs." (Engineering Project 76-609 - Improvements in Georgetown Addition.) A motion was made by Commissioner Duckers, seconded by Commissioner Weisgerber to adopt the resolution as read and the following vote was had: Ayes: Caldwell, Duckers, Usher, Weisgerber, Simpson (5). Nays: (0). Carried. The Mayor approved the resolution and it is numbered 3289. 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 580.5 feet of Block 6, Schilling Subdivision, from District "C" (Apartment House District) to District "F" (Light Industrial District) as requested in Petition Number 3568, which was filed by the Salina Airport Aurhorit 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 8509. The ordinance was introduced for first reading August 16, 1976. s' 1 1 1 n 65 A LETTER was received from the City Planning Commission recommending the approval of the rezoning of a tract of land in the Southwest Quarter (SWC) of Section 25, Township 14 South, Range 3 West from District "A" (Second Dwelling House District) to District "D" (Local Business District) as requested in Petition Number 3570 which was filed by Jack and Gary Gebhart. Mr. Tom Hampton, attorney representing the petitioners was present, and asked the City Commission to accept the recommendation of the City Planning Commission and approve the rezoning of the property, subject to the platting of the entire area, with a commitment on the part of the owner to utilize a green belt along the perimeter between the commercial area and the residential area, and with a commitment on the part of the owner to refrain from expanding the commercial area into the area designated on the preliminary plat as residential. He said the owner has dedicated an additional 10 feet for street right-of-way on the north side of Magnolia from Highland to Belmont Boulevard. Mr. Clancy King, attorney representing residents in the area opposed to the rezoning, asked the City Commission to deny the rezoning petition. Mr. King reviewed the history of the land use plans and said they have not indicated this land as an area for commercial zoning. He said the area residents are unalterably opposed to the rezoning for a number of reasons, and that is one of them. Mr. King reviewed the commercial zoning of the property on the west side of Ninth Street and on the east side of Ninth Street, south of Magnolia; the utility services for the area, the traffic problem on Magnolia caused by South High School, South Junior High, and Sacred Heart. He said there are ample local shopping areas with Kraft Manor and Alco to the north and Southgate to the east, and there is no need to develop another 28 acres for commercial purposes. He said there is a heat and drainage problem in the area and it would be compounded with a large amount of concrete or black top, and there would be a higher level of noise pollution. He added the developer has never shown a need for the rezoning of this property and asked that the rezoning petition be denied and the property retained for residential development. Mayor Simpson asked Mr. Rawlings if a protest was filed within the legal boundaries. Mr. Rawlings replied he didn't believe a legal protest was filed. Laura Lockwood, 2418 Drake Place, said the traffic problem is a concern to everyone in the area, and said she feels this should be taken care of before the area is rezoned for commercial use. She said there is no left turn bay and no way to make a left turn from Magnolia going west onto Ninth Street, and you have to make a jog if you are going to go west across 9th Street. She asked the City Commissioners to take this into consideration when they vote on this rezoning. Norman St. John, 2406 Drake Place, said he agrees about the traffic problem. He added that many feel their property value would be damaged if the area is rezoned. He said he checked with a realtor who said his value would be decreased $2,000 when the property at Magnolia and Ninth Street is rezoned. He said none of the people in the residential area can afford to loose this. Maxine Davis, 2447 Simmons, said she has seen a traffic problem develop in the last 10 years and it is very bad at the corner of Magnolia and Ninth Street. She agreed the property value would be decreased, and said she does not see why she, as a taxpayer, should pay for a city plan to be developed and then not take heed to what it says. Judy Ray, 2267 Leland Way, said she lives at the corner of Leland Way and Quincy, and told about the traffic problems when school starts, and that there are no sidewalks so the little children walk in the street. She asked the City Commissioners to consider the children and the traffic problems in the area. 66 Dr. Charles Olson, # 5 Magnolia Road, told the City Commission about the neighborhood concept of the area. He said he was not happy when the Mid - State Mall went in because he felt it would distract from the downtown. He said the so-called quiet area has become very noisy. He said when you live on the back side of a business it isn't bad, sometimes it acts as a windbreak and many times it acts as a sound break to a certain extent. "As the years have gone by a great deal of concern has penetrated the area as to the business area facing Magnolia. This seems to be the biggest problem. Most of the noise coming from any type of a business facing Magnolia will go toward Magnolia. The thing that concerns a lot of us is that you are asking, if you pass this, for a neighborhood to accept noise that they never expected or they never would have built there. You are expecting a church to be able to hold services on Sunday at the same time there is business going on across the street, which they never expected. Another thing that concerns us, as this thing has unfolded, is the inability to reach a compromise. The planning board asked that we go back and see if we could reach a compromise. These people have been unable to do this. We therefore, as a neighborhood, are faced with the assumption that they must have a buyer for this, the buyer is hard set that it must meet these requirements or they will not accept it, which means it is a package deal and the whole thing goes through or nothing. From the sale time on, the Gebhart Estate does not have control of the land as to what goes in there. Personally, let me say that I feel a great deal of concern as to the two sided thing on this Oblinger-Smith report because on the one hand there is a group that tends to run it down and say that it is absolutely no good. If that were the case then there would be no commercial zoning in here at all. On the other hand, if you would accept the fact that the Oblinger-Smith report was somewhat good and knew a little bit about what they were doing, which I think is true regardless of some of the "mickey mouse" in it, but then you accept the fact that there may be a strip there that you have to admit that the best planning procedure is for neighborhood development planned units which is like 10 acres or so and are not community shopping centers. For these reasons many of us are very concerned about this. We require equal opportunity to be treated just like everyone else in the community." The City Commissioners, attorneys, and staff, discussed the area to be commercial zoning as described by the land use plan, present and projected traffic in the area, and the possibility of it being a Planned Development District. Commissioner Usher said the petitioner presented a good case and he can appreciate the people who live out there and are concerned. He said nobody in their right mind is going to build a house on Ninth Street, and he is opposed to strip zoning, and although it does look like a large amount of commercial zoning he thinks it needs to have a substantial area in order to be properly designed, and moved to accept the Planning Commission recommendation and approve the rezoning. The motion died for the lack of a second. A motion was made by Commissioner Duckers, seconded by Commissioner Weisgerber to table consideration of this rezoning for one week. Ayes: Duckers, Weisgerber, (2). Nays: Caldwell, Usher (2). Mayor Simpson voted Aye. Motion carried. A LETTER was received from the City Planning Commission recommending the denial of Petition Number 3575, which 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 Weisgerber, seconded by Commissioner Usher to accept the recommendation of the City Planning Commission and deny the petition. Ayes: (5). Nays: (0). Motion carried. Commissioner Usher commented, "I think it might be noted here too, that one of the purposes for that particular application for rezoning was that they were operating in the wrong zone. They were given a warning up to 120 days, so I think the City is trying to be fair in its enforcement of the zoning ordinance; however I would think in this particular case now that this letter has been approved and the zone turned down, that something be done out there, because it has been a sorry sight, it needs to be cleaned up." 1 1 A LETTER was received from the City Planning Commission recommending the denial of Petition Number 3579, which was filed by Tasker, Inc., for the rezoning of the South 37� feet of Lot 22 and all of Lot 23, Block 1, Santa Fe Park Addition from District "B" (Two -Family Dwelling House District) to District "DD" (Office District) . Mr. Tom Hampton, representing the petitioner, said he had been asked this morning to review the matter. He said that Mr. Tasker has been in contact with the people who either filed written objections with the Planning Commission, or who appeared and opposed the matter before the Planning Commission; and that I there is a reasonable opportunity that they will be able to work out their differences. The recommendation of the Planning Commission was to deny the petition on the basis that it was in conflict with the Land Use Plan, but if the owner and the adjoining land owners could work out their differences, he assumes it would meet with everyone's approval. He requested that the petition either be referred back to the City Planning Commission, so they can do what j they can to work out arrangements with the neighbors that will meet with their approval on the development of this property, or that it be continued until j next week. A motion was made by Commissioner Weisgerber to refer the petition back to the City Planning Commission on the basis that the petitioner is in hopes he may be able to work out a solution. Commissioner Duckers seconded the motion, then asked Mr. Rawlings if he believes, because this is in conflict with the Land Use Plan, that there is any reason to believe that there might be circumstances under which the Commission will change its mind? Mr. Rawlings responded he can't speak for the Planning Commission, but on the basis of the recommendation, that being conflict with the Land Use Plan, it indicates there probably wasn't a serious problem brought forward by the protestors, but the primary points dealt with traffic. Commissioner Usher commented, "As they say it is a conflict of the Land Use Plan, it is a continuation of more strip zoning, and I can't see that the Planning Commission is going to change their mind." The Mayor called for a vote on the motion to return the petition to the City Planning Commission for reconsideration. Ayes: Weisgerber, Caldwell, (2). Nays: Duckers, Usher (2). Mayor Simpson voted Aye. Motion carried. PUBLIC AGENDA PETITION NUMBER 3583 was filed by C. R. Nicholson for the rezoning of the South 140 feet of the North 225 feet of the East 110 feet of Block 9, Leavenworth Addition, from District "D" (Local Business District) to District "EE" (Local Service District). A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to refer the petition to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. CEREAL MALT BEVERAGE License Application was filed by Londa Ruth Woodin, d/b/a B & L Roadrunner, 616 North Broadway. (New application). The Acting City Clerk reported the applicant has paid the required fee and the application has been approved by the Health Department, Zoning Officer and Police Department. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to approve the license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA A motion was made by Commissioner Usher, seconded by Commissioner Duckers, to add appointments to Boards and Commissions to the agenda for consideration. Ayes: (5). Nays: (0). Motion carried. (is THE MAYOR, with the approval of the City Commissioners made the following appointments: Citizens Advisory Committee Area "E" Dean Boone appointed to fill the unexpired term of Earl Boyle to November 25, 1976 Etta Mae Hogard appointed to fill the unexpired term of Roberta McCawley to November 25, 1977 Area "I" Mary Anderson appointed to fill the unexpired term of Gaylord Spangler to November 25, 1978 Area "J" Consuelo Diaz appointed to fill the unexpired term of Fortino Bonilla to November 25, 1976 Area "L" J. Q. Rodrigues, appointed to fill the unexpired term of Walter Fuller to November 25, 1976 A MOTION was made by Commissioner usher, seconded by Commissioner Duckers that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. M. E. Abbott, Acting City Clerk