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10-25-1976 Minutes00 City of Salina, Kansas Regular Meeting of the Board of Commissioners October 25, 1976 The Regular Meeting of the Board of Commissioners met in the CommissionE Room, City -County Building, on Monday, October 25, 1976 at four o'clock p.m. The Acting Mayor asked everyone to stand for the pledge of allegiance to the Flag and a moment of silent prayer. There were present: Acting Mayor Keith G. Duckers, Chairman presiding Commissioner Robert C. Caldwell Commissioner W. M. Usher Commissioner Jack Weisgerber comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: Mayor Gerald F. Simpson The Minutes of the Regular Meeting of October 18, 1976, were approved as printed. STAFF AGENDA AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the vacation of a portion of Delaware Avenue, a public street in the City of Salina, Kansas." A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to adopt the Ordinance as read and the following vote was had: Ayes: Caldwell, Usher, Weisgerber, Duckers (4). Nays: (0). Mayor Simpson absent. Carried. The Acting Mayor approved the ordinance and it is numbered 8518. The ordinance was introduced for first reading October 13, 1976. THE CITY CLERK reported the assessment rolls are ready for the followi improvements, to -wit: (Engineering Project 75-586) Curbing, guttering, paving and grading of IRENE STREET from the west line of Lot 7, Block 34, Key Acres 2nd Addition to Ray Avenue. Curbing, guttering, paving and grading of SCOTT AVENUE from the south line of Lot 29, Block 32, to the south line of Lot 1, Block 36, Key Acres 2nd Addition. Curbing, guttering, paving and grading of RAY AVENUE from the south line of Scott Avenue to the south line of Lot 13, Block 36, Key Acres 2nd Addition. Lateral Sanitary Sewer 532 - an 8" sewer pipe beginning at an existing manhole located at the northwest corner of Lot 29, Block 32, Key Acres 2nd Addition; thence running southwest along the rear of Lots 29 through 32, Block 32, and continuing southwest along the rear of Lots 7 and 8, Block 34, Key Acres 2nd Addition, where a manhole will be constructed which will be the terminus of Lateral 532. Lateral Sanitary Sewer 533 - an 8" sewer pipe beginning at an existing manhole located at the northeast corner of Lot 1, Block 35, Key Acres 2nd Addition; thence running southwest along the rear of said Lot 1 to the northeast corner of Lot 22, Block 35, Key Acres 2nd Addition, where a manhole will be constructed which will be the terminus of Lateral 533. 1 1 1 1 1 1_.01 Lateral Sanitary Sewer 534 - an 8" sewer pipe beginning at a wet well that will be constructed and located at the intersection of Gail Drive and Ray Avenue; thence running north in Ray Avenue to the northwest corner of Lot 2, Block 38, Key Acres 2nd Addition; thence running west in the utility easement through Block 36, Key Acres 2nd Addition to the southeast corner of Lot 2, Block 36; thence southwest along the rear of Lot 1, Block 36 to the southeast corner of Lot 1, Block 36, Key Acres 2nd Addition, where a manhole will be built which will be the terminus of Lateral 534. Water main and service lines to serve Lots 30, 31, 32, Block 32; Lots 7 and 8, Block 34; Lot 1 and Lots 12 through 22, Block 35; Lots 1 through 13, Block 36, Key Acres 2nd Addition. Sanitary sewer pump station and force main to be constructed at the intersection of Gail Drive and Ray Avenue to serve Lots 1 through 17, Block 30; Lots 1 through 16, Block 31; Lots 1 through 15, Block 33; Lots 1, 2, 3, and Lots 9 through 21, Block 34; Lots 1 through 25, Block 36; Lots 1 through 27, Block 37; Lots 2 through 17, Block 38; Lots 1 through 14, Block 39; Lots 1 through 6, Block 40, all in Key Acres 2nd Addition. Curbing, guttering, paving and grading of PROSPECT AVENUE from the east line of Ohio Street to the east line of Lot 18, Block 1, Cloverdale; Addition. Water main and service lines to serve the East 50 feet of Lot 20 and the South half of Lots 18 and 19, Block 1, Cloverdale Addition and the West 11 feet of Lot 10 and all of Lots 11, 12, and 13, Cloverdale Annex Addition to the City of Salina, Kansas. Lateral Sanitary Sewer 535 - an 8" clay sewer pipe beginning at an existing manhole located 10 feet south of the center line of Reed Avenue at the northeast corner of Lot 1, Block 8, Key Acres Addition to the City of Salina, Kansas; thence running south along the rear of Lots 1, 2, and 15, of said Block 8; thence running east along the rear of Lots 3 through 8 of said Block 8, where a manhole will be constructed which will be the terminus of Lateral 535. Water main and service lines to serve Lots 1 through 7 and the West 30 feet of Lot 8, and Lots 15 through 20, and the West 18 feet of Lot 21, Block 8, Key Acres Addition. as authorized by Resolution Number 3252, passed by the Board of Commissioners on the 24th day of November, 1975. The assessments have been determined and the final costs have been filed by the City Engineer. A motion was made by Commissioner Weisgerber, seconded by Commissioner Caldwell to instruct the City Clerk to publish notice in the official city newspaper at least once not less than ten days prior to the date of November 8, 1976, the date set for the hearing on said assessments, and that at the same time notice is published to mail to the owners of property made liable to pay the assessments at their last known post office address, a notice of the hearing and a statement of the cost proposed to be assessed against the land so Dwned and assessed. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of a portion of the request to amend Section 11, of Zoning Ordinance 5613 as requested in Petition Number 3587 which was filed by William Reimold, ,4ith three specifications: 1. amend Section 11 of the "D" zone by deleting the )hrase "... or in the front portion of the first story of the building within thirty (30) feet of the front of the building..."; 2. deny that portion of the )etition requesting any further deletions; 3. add a phrase to require that all iismantled vehicles and similar articles be stored within a building. A notion was made by Commissioner Caldwell, seconded by Commissioner Usher to iccept the recommendation of the City Planning Commission and introduce an )rdinance for first reading to amend Section 11 of Ordinance 6613. Ayes: (4). Jays: (0). Motion carried. Ordinance Passed: Number: 1-02 A LETTER was received from the City Planning Commission recommending the denial of Petition Plumber 3593 which was filed by John J. Jaworski for the rezoning of Lots 8, 9, 10, Block 3, Riverview Addition from District "A" (Second Dwelling House District) to District "B" (Two -Family Dwelling House District). Mr. Jaworski was present and stated this property is not suitable for a single family dwelling and he would like to build duplexes. He said the people in the area opposed multi -family zoning some time ago, and asked the rezoning be referred back to the Planning Commission for their reconsideration. Mr. Rawlings, City Planner, said staff did make a recommendation to the Planning Commission that the request be approved, but the Planning Commission recommended the denial of the request. He explained the previous 2 rezoning requests were to rezone the property to "C" (Apartment House District) where this request is for "B" (Two -Family Dwelling House District). A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to table the matter for one week so Mr. Jaworski can talk with the people in the area and convince them this development is the right thing for the neighborhood. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of Petition Number 3594 which was filed by Ben A. Sellers, Jr. for A. J. Holmquist for the annexation of Holmquist Estates Addition, subject to a timetable for the termination of various existing uses of the property. Mr. Sellers, Attorney for the petitioner, was present speaking in favor of the annexation as it will add valuable property to the City of Salina. He explained the main objection by Mr. Hill and his counsel is the use currently made of this property. He said his letter to the Planning Commission and the Planning Director set forth a timetable the non -conforming uses would automatical terminate. He asked the City Commission to approve the annexation of the property and the non -conforming use of the property for specified times. Mr. Ron Kriegh, 2044 Mission Road, was present as a property owner speaking in favor of the annexation as it would be financially beneficial to their property. He presented letters to the City Commission from 7 additional property owners in the area in favor of the annexation. Mr. Robert Jones, Attorney representing D -U, Inc, and Mr. Doug Hill was present in opposition to the recommendation of the City Planning Commission. He said they oppose the non -conforming uses in the area to be annexed as District "A". He asked that Mr. Holmquist follow the procedure of 1. ask that the City Commission approve the annexation as a zone "A"; 2. file his request for a special use with the City Planning Commission, have the matter follow according to the procedural dictates of the City ordinances, have a hearing on that in the City Planning Commission; 3. get a recommendation and follow through, through the appropriate guidelines set forth, and in that way attempt to gain the uses which he is seeking in the area he is attempting to annex. Mr. Doug Hill was present speaking against the annexation because of the non -conforming uses of an "A" zone, and cause a very heavy traffic flow at that intersection, and the approximate 45' overlap between the two plats of the area to be annexed. He said he does not object to the "A" residential annexation but he does object to the annexation of property under the guise of "A" residenti zoning with 8 uses in violation of so called non -conforming uses. Mrs. Ron Kriegh, was present and stated she talked with the people along Albert and they feel the main traffic is early in the morning and that they do not have any complaints about the traffic. Commissioner Usher commented, "With this type of proposal it would end all the problem out there with the concrete business and the traffic, there is a definite day it is going to be cut off and probably if this is not approved it would go on indefinitely because I am sure the County would give him a continuance of what it has. I have listened to both sides here and it appears to me the Holmquists have their ducks all in order and they are trying to do the right thing, and with that in mind I would move to accept the recommendation of the City Planning Commission and approve the petition and to introduce the annexation ordinance for first reading." The motion was seconded by Commissioner Weisgerber. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: 1 1.03 A LETTER was received from the City Planning Commission recommending the approval of the preliminary development plan of Phase II of the Medical Complex on Lots 1 through 6, Block 5, Northeast Industrial Park. A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to accept the recommendation of the City Planning Commission and approve the preliminary development plans. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of a request of the Saline County Planning and Zoning Commission for a zoning change in the NW -1, NW -1, NW -1, of Section 9, T 14 S, R 3 W, from District "A" (First Dwelling House District) to District "F" (Light Industrial District). A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to accept the recommendation of the City Planning Commission and approve the request of the Saline County Planning and Zoning Commission. Ayes: (4). Nays: (0). Motion carried. THE CITY MANAGER reported on a request by the Silver Sabres Drum and Bugle Corps to use Memorial Hall, that an addendum to the original agreement has been prepared, which will enable them to use the Memorial Hall for a period not to exceed 6 hours per week for the indoor practice of the Competitive Color Guard. A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to accept the City Manager's report and approve the addendum to the original agreement and authorize the Acting Mayor to sign. Ayes: (4). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: "A RESOLUTION! providing for a public hearing on amending the Urban Renewal Plan for the Northeast Industrial Park Project, Kansas R-29, and providing for the giving of notice thereof." Mr. Olson explained, "This is the legal requirement to notify all property owners in the City of Salina that on November 8th, you will be consideri the various amendments to the plan we have discussed from time to time, the changing of the boundaries, the planned street changes, the changes relating to loading requirements and off-street parking, storage of materials, utility, landscape, signing and the whole gamut of things. A map and exhibits will be available at that time; and then hopefully we can advertise the land for sale at that time." A motion was made by Commissioner Weisgerber, seconded by Commissioner Caldwell to set the date of November 8th, 1976, as the date of public hearing on the Northeast Industrial Park Project, Kansas R-29, and instruct the City Clerk to publish notice in the official city newspaper. Ayes: (4). Nays: (0). Motion carried. PUBLIC AGENDA A CEREAL MALT BEVERAGE License Application was filed by LAL, Inc., Robert I. Clubine, President, d/b/a Soup'er Sandwich Shoppe, 202 East Iron. (New application). The City Clerk reported the applicant has paid the required fee, and the application has been approved by the Zoning Officer and the Police Department, and the applicant request approval of the license, subject to the final approval of the Health Department. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to approve the license application, subject to the final approval of the Health Department, and authorize the City Clerk to issue the license at that time. Ayes: (4). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE License Application was filed by Jerry Dumas, d/b/a University Market, 1300 South Santa Fe Avenue. (New application) The City Clerk reported the applicant has paid the required fee, and the application has been approved by the Zoning Officer, Health Department and the 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: (4). Nays: (0). Motion carried. 104 A REQUEST was received from Gary M. McCausland to use public property for aesthetic purposes at 2041 South Ohio Street. Mr. McCausland was present, approached the bench and showed the Commissioners plans for the property. A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to refer the request to the City Engineer for a recommendation. Ayes: (4). Nays: (0). Motion carried. COMMISSION AGENDA The City Manager asked the Commissioners to meet in Executive Session for a progress report on Urban Renewal litigation. A motion was made by Commissioner Caldwell, seconded by Commissioner Weisgerber to recess into executive session. Ayes: (4). Nays: (0). Motion carried. The Commissioners recessed at 5:02 p.m. and reconvened at 5:17 p.m. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (4). Nays: (0). Motion carried. D. L. Harrison, City Clerk