08-30-1976 Minutes1
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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
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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.
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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.
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D. L. Harrison, City Clerk