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08-30-1976 Minutes1 1 1 69 City of Salina, Kansas Regular Meeting of the Board of Commissioners August 30, 1976 The Regular Meeting of the Board of Commissioners met in the Commissi Room, City -County Building, on Monday, August 30, 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: Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: L. 0. Bengtson, City Attorney The Minutes of the Regular Meeting of August 23, 1976, were approved as printed. THE MAYOR PROCLAIMED September 5 and 6, 1976 (Labor Day Weekend) - "MUSCULAR DISTROPHY DAYS IN THE GREATER SALINA AREA". The proclamation was read by Dave Lourie, Muscular Distrophy Radiothon Chairman. A PUBLIC HEARING was held on the proposed assessments for the improvement in Engineering Project 76-599: The installation of water main and services on Woodland Avenue from Ohio Street to the east line of Lot 5, Block 1, Cloverdale Addition to the City of Salina, Saline County, Kansas. The installation of water main and services on Prospect Avenue from the east line of Lot 18, Block 1, Cloverdale Addition to the east line of Lot 4, Block 1, Cloverdale Addition to the City of Salina, Saline County, Kansas as authorized by Resolution Number 3254, passed by the Board of Commissioners, on the 15th day of December, 1975. No protests, written or oral, were filed, and no changes were made in the proposed assessment. A motion was made by Commissioner Duckers, seconded by Commissioner Weisgerber to approve the assessments and introduce the assessment ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: s' THE COMMISSIONERS RECONSIDERED A letter from the City Planning Commissi recommending the approval of the rezoning of a tract of land in the Southwest Quarter (SW's) 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. (Tabled for one week at the August 23, 1976 meeting). A motion was made by Commissioner Duckers, seconded by Commissioner Usher to remove the letter from the table for consideration. Ayes: (5). Nays: (0). Motion carried. Commissioner Weisgerber asked Tom Darnell to comment on how they developed the size of the commercial area of the proposed addition. Mr. Darnell explained they had an irregular shaped tract of land to start with, and had to consider access into and out of the property, the layout of streets to the north, south and west of the tract to be developed; traffic movement, and the drainage of surface water. He explained good commercial design layout requires some depth to the area, and that the owner had provided a green belt buffer zone between the residential and commercial areas. Mayor Simpson commented that he does not have a basic objection to the commercial use of that particular piece of ground, but he has a real concern about the traffic in that whole area. He feels this is an ideal time to get a comprehensive traffic plan and provide some way to move that traffic, slow it down, and possibly install more lights before there is any further development in the area. Mr. Darnell replied they have worked with the Traffic Department and are willing to continue to work with the Traffic Department to work out the traffic problems. Mr. Clancy King, Attorney representing residents of the area opposed to the rezoning, said they are opposed to the size of the proposed commercial area, and that some of the problems must be resolved before anything else is done in that area. Mr. King filed a petition opposing the rezoning of the property proposed in Petition Number 3570. The petition was later numbered 3585. Mrs. George Richardson, 117 West Wayne, said she is opposed to the rezoning of the area because with the existing businesses in the area the intersection at Ninth Street and Magnolia is a hazardous intersection even though it is controlled. She said there have been a number of accidents at this intersection, and asked the City Commission to consider the residents in the area, the school children who travel this area 9 months out of the year and the multitude of people who go back and forth to work, and also to consider the potential, by the increase of traffic flow, of being involved in an injury accident. Mr. Norman St. John, 2406 Drake Place, said the people of Salina voted down a proposition for an increased property tax levy as a means for replacing the parking revenue that would be lost by removing the parking meters downtown, so that merchants could offer free parking downtown, and he suspects that the people of Salina would like to see better planning all over town. He said the City Planning Commission suggested the proponents and opponents of the rezoning get together to work out a compromise, but a phone call was received by their attorney at 1:30 in the afternoon just before the 3rd meeting of the Planning Commission and there was no time to get the two groups together to consider the offer, which was a 30 foot green strip. Mr. Tom Hampton, Attorney representing the petitioners, said any area developed by the trust will create a better basis for putting in controlled access and traffic controls in that area. He said leaving it as a wheat field is not enhancing the traffic controls at that intersection; and a planned development is going to occur one way or another and the city is going to have to take care of that intersection problem. He said the trust is not in a u 1 1 position to solve that problem independently, but joins with everyone else in expressing concerns about the safety of that intersection. "I don't know what the trust can do about it, the question is whether or not it is appropriate to ask the trust to again delay development of this large tract of land because of this particular problem. It has been asked that we show a need for rezoning, I think we have stated repeatedly but just for emphasis I will recite it again that the extent of commercial area in this tract, we want to get that crystalized on the tract clearly so that people who are buying residential lots in the balance of the tract, as outlined in the preliminary plat will have assurance as to the extent of the potential commercial development of this land." He asked the City Commission to accept the recommendation of the City Planning Commission and approve the rezoning of this tract since it constitutes reasonable interpretations of the Land Use Plan. Mr. Darnell commented, the City designated Ninth Street and Magnolia as major arterials and with it accepted a certain amount of responsibility and guidance to the property owner adjacent to those streets. He said, "There must be some streets designated to move traffic through town, and if we get involved in this key intersection, you are going to be faced with the same question with additional employment to the south or to the airport area, or along other areas because that is where the traffic penetrates to go to the area substantially. We have to look at reality and we have to deal with the traffic carrying capacity of the intersection. We can't wait awhile, it is there before us now. We can't make any decisions until you make decisions, and if it keys around that, we can't possibly develop our property any quicker than you develop the intersection. Our concern is to get a sizeable piece of property designed to solve these problems. Our experience has been that the narrower pattern you force commercial property into, the less likely you are going to have of attractin< quality into that area. We do not have the advantage of going Planned Development District because we do not have anyone who is ready to develop there yet, but we are ready to develop the residential, but they cannot make a move until the commercial problem is solved." A motion was made by Commissioner Usher, seconded by Commissioner Duckers to accept the recommendation of the City Planning Commission and approve the rezoning, subject to the approval of the final plat of Meadowlark Acres #3, and to introduce the rezoning ordinance for first reading. The Commissioners, staff and attorneys discussed the effects of Petition Number 3585 which was filed by the people in opposition to the rezoning. The Mayor called for a vote on the motion to accept the City Planning Commission recommendation and approve the rezoning, subject to the approval of the final plat, and to introduce the rezoning ordinance for first reading. Ayes: Duckers, Usher, Weisgerber (3). Nays: Caldwell, Simpson (2). Motion carried. Ordinance Passed: Number: Mayor Simpson commented, "I would not imply that the addition of this commercial ground would necessarily create more problems as far as traffic is concerned. I think it is already there. I would like to strongly request that the City get on the study of this or make known whatever studies have been made, and that something be done in this area as quickly as is reasonably possible." Commissioner Weisgerber suggested the petitioner consider reducing the depth of the commercial property along Magnolia, in particular opposite the church and those few residences. Commissioner Duckers seconded that suggestion. THE CITY ENGINEER filed plans and specifications for Engineering Project 76-608 for improvements in Country Club Estates Addition Number 2. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to accept the plans and specifications as filed. Ayes: (5). Nays: (0). Motion carried. 72. A MOTION was made by Commissioner Duckers, seconded by Commissioner Usher, to set September 13, 1976 as the date to receive bids for Engineering Project 76-608, and instruct the City Clerk to advertise for bids. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER filed plans and specifications for Engineering Project 76-609 for improvements in Georgetown Addition and Bonnie Ridge Addition. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to accept the plans and specifications as filed. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Duckers, seconded by Commissioner Usher to set September 13, 1976 as the date to receive bids for Engineering Project 76-609, and instruct the City Clerk to advertise for bids. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the Citizens' Advisory Committee, outlining a voluntary program of housing conservation within that portion of the City which was indicated in both approved Community Development applications as being the general location of housing rehabilitation. Mr. Bill Scholl was present and questioned the legality of using Federal Funds for unauthorized programs. Staff members explained the program. A motion was made by Commissioner Duckers, seconded by Commissioner Caldwell to accept the recommendation of the Citizens' Advisory Committee and approve the voluntary program of housing conservation as outlined. Ayes: (5). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authori the filing of an application with the environmental protection agency, United States of America, for a grant under the water pollution control act, (33 U.S.C. 466 et seq.) Mr. Olson explained this resolution is making application to the Federal Government for a construction grant for the waste sludge disposal facilities. A motion was made by Commissioner Usher, 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 3290. PUBLIC AGENDA PETITION NUMBER 3584 was filed by R. E. Sprecker, for the rezoning of Lots 1, 3, and 5, Block 5, Hutchinson's Addition from District "A" (Second Dwelling House District) to District "C" (Apartment House 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. A CEREAL MALT BEVERAGE License application was filed by Ronald S. DeMars, d/b/a Tony's Restaurant, 244 South Santa Fe Avenue. (New application). The City Clerk reported the applicant has paid the required fee and the applicatic has been approved by the Health Department, Zoning Officer, and Police Department. A motion was made by Commissioner Duckers, seconded by Commissioner Usher that the application be approved and the City Clerk be authorized to issue the license. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA The Commissioners brought the following items to the floor for discuss Commissioner Duckers mentioned that someone is negligent in not seeing that both sides of shopping centers are kept clean. He said the property owners adjacent to shopping centers have a right to complain about the way the back sides are kept. 1 1 1 Mayor Simpson announced there will be no meeting September 6, 1976, because of the legal holiday, Labor Day. He also asked for citizen participation in the Community Development hearings to be held Tuesday at Hawthorne School at 7:30 and Wednesday at the Community Theatre at 7:30 p.m. Mr. Olson said the Commission needs to meet in executive session to consider the acquisition of land for the waste sludge disposal site. A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to recess for an executive session. Ayes: (5). Nays: (0). Motion carried. The Commissioners recessed at 5:40 P.m. and reconvened at 5:50 P.M. 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. 34)64'1` D. L. Harrison, City Clerk