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11-08-1976 Minutes1 w Yd City of Salina, Kansas Regular Meeting of the Board of Commissioners November 8, 1976 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, November 8, 1976, at four o'clock p.m. i 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. O. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: None The Minutes of the Regular Meeting of November 1, 1976, were approved as printed. STAFF AGENDA A PUBLIC HEARING was held on the proposed assessments for the improvements in 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. 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. 108 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 l 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 constructe 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. No protests, written or oral, were filed, and no changes were made in the proposed assessment. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to approve the assessments and to introduce the assessment ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE amending Number 11, Section 11, of Ordinance Number 6613 and repealing the original Number 11, Section 11, of Ordinance Number 6613." (Amendment was requested in Petition Number 3587 which was filed by William Reimold). 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 8520. The ordinance was introduced for first reading October 25, 1976. THE CITY ENGINEER filed a feasibility report for street and utility improvements in Dow Addition, as requested in Petition Number 3557 which was filed by George Etherington for G & K, Inc. A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to accept the feasibility report as filed by the City Engineer. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of the rezoning of a tract of land in the West !j of the NW; of Section 36, T 13 S, R 3 W, from District "A" (Second Dwelling House District) to District "G" (Heavy Industrial District), subject to platting. Rezoning was requested in Petition Number 3595 which was filed by A. J. Holmquist. Mr. William Winkley, attorney representing A. J. Holmquist was present and asked the Commissioners to approve the request. D 1 1 A motion was made by Commissioner Duckers, seconded by Commissioner Caldwell to accept the recommendation of the City Planning Commission and introduce the rezoning ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: 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 NW4 of Section 36, T 13 S, R 3 W in Saline County, from District "A" (First Dwelling House District) to District "G" (Heavy Industrial District, subject to platting. The County Zoning request was filed by A. J. Holmquist. Mr. William Winkley, attorney representing A. J. Holmquist was present and asked the Commissioners to approve the request. A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to accept the recommendation of the City Planning Commission and approve the request. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of the preliminary development plan for Midstate Industrial Partnership on part of Lots 1 and 2, Block 6, Northeast Industrial Park, submitted by Delbert Chopp. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to accept the recommendation of the City Planning Commission and approve the preliminary development plan. Ayes: (5). Nays: (0). Motion carried. A PUBLIC HEARING was held on the amendment of the Urban Renewal Plan for the Northeast Industrial Park Project, Kansas R-29. Mr. Olson explained the proposed amendments to the Urban Renewal Plan, Kansas R-29: 1. BOUNDARIES - 3 deletions from the Northeast Industrial Park project area boundaries: (a) Harriet Johnson Property (b) Carver Center (c) Property located at the northeast corner of Ohio and North Streets. 2. STREET WORK (a) Widening of Front Street (b) Re -extending York Street (c) Removing the hump from North Street, at the tracks. (d) Remaining streets to stay in present condition. 3. SIDE YARD REGULATIONS - will include a statement from the present zoning ordinance, District "FF" - Section 12-a(c)(3)(d), which will read as follows: Side and Rear Yards There shall be required fifteen (15) feet of side and rear yard on the side and rear of the lot. Any side or rear yard which abuts upon or contains a spur railroad track shall be exempted from side and rear yard requirements on those sides. 4. PERFORMANCE STANDARDS Performance Standards 1. No use shall be established, maintained or conducted that will cause any: (a) Emission of smoke, fumes, gas, dust, odor or any other atmospheric pollutant detectable beyond the boundaries of the immediate site. (b) Objectionable noise beyond the boundaries of the immediate site. (c) Glare or vibration beyond the boundaries of the immediate site. (d) Physical hazard by reason of fire, radiation, explosion or similar cause, to the property in the same or surrounding district. 2. (Relates to storage) (a) Raw materials, finished products, equipment, machinery, or motor vehicles, shall be located, stacked, stored or containerized and maintained in a clean, neat, and orderly manner. (b) Salvage, refuse, or other waste shall be containerized or enclosed on all sides by a screening wall or solid fence at least six (6) feet in height. (c) Any storage located outside the building, which cannot comply with the above standards, shall also be enclosed on all sides by a screening wall or solid fence at least six (6) feet in height. In no event shall materials be stacked or stored higher or to exceed the height of the screening wall or fence. 5. PARKING REGULATIONS Industrial uses allowed in this area shall provide one off-street parking space for each three full-time employees employed on the largest eight (8) hour shift. Parking spaces shall be provided within six hundred (600) feet of the proposed structure. 6. LOADING AND UNLOADING REGULATIONS This entire section will be replaced by the appropriate section in the proposed zoning ordinance. 7. SIGN REGULATIONS This entire section will be replaced by the appropriate section in the proposed zoning ordinance. 8. STORAGE OF MATERIALS AND SUPPLIES This section was deleted from the original plan and incorporated into Performance Standards. He explained none of the proposed amendments will adversely affect the intent and objectives of the Urban Renewal Plan and all are consistent with existing city plans, and are basically relaxing the restrictions of the plan as they were approved in 1968. Mrs. Harriet Johnson was present and asked for clarification as to the responsibility for street improvements adjacent to her property at Chester and York. Mr. Olson explained the Northeast Industrial Park boundary goes to her south, west and north property lines and the street improvements would be paid for from funds presently available for the project; however no improvements are going to be made to any streets not called for in the plan. 1 1 1 III Mr. Gus Reed was present and said he did not know until today that his property is, and has been, included in the Northeast Industrial Park Project, and that he will have to comply with the urban renewal regulations. He said it is not his wishes to be under urban renewal regulations and had he known at the time he bought the property he said he would have bought the cheaper land in the urban renewal area. He asked that his property also be excluded from the restrictions of the plan. Mr. Cleve Mulder was present and said he has property by Mr. Reed's and he too was not aware the property is and has been included in the Northeast Industrial Park Project, he did not buy his property from Urban Renewal and that his concern is the sign regulations. He said the sign regulations in the proposed zoning ordinance were not acceptable before and they are not acceptable here. Mr. Rawlings explained the sign regulations have been rewritten during the summer. Mr. Olson explained these two property were not slated for acquisition, but have been a part of the original Urban Renewal plan since 1968 and were slated only for rehabilitation. Mr. John Scott, Manager of the Rounds and Porter [warehouse was present and also said they did not know they were in the Urban Renewal project area. They were existing before the Urban Renewal Project, and asked if KSA 12-709 exempts them from outside storage regulations. He said they are concerned about the fence, and they have material stored more than 6 feet high. He asked why these properties cannot be deleted from the project since they are deleting 3 other properties from the project? Mr. Olson explained they have to conform with the provisions of the plan as it relates to storage, but if they haven't had any trouble in the past, they probably wouldn't have any in the future. Mr. Marvin Prater was present and was concerned about the 30 foot front yard set back requirement for proposed building and parking area. He also asked that his property be omitted from the plan. Mr. Rawlings explained the set back requirement does not apply to any existing buildings; however any new construction will have to comply with the set back requirements along Ohio and North Streets. The Manager of Plainsman Supply was present and stated they also did not know they were in the Urban Renewal Project. He said their building is 3 years old and he assumes that they must have met all the requirements of the plan. Mr. Olson replied they do not have any problems, they do meet the requirements of the plan, and that the amendments to the screening regulations will be beneficial to Plainsman Supply. The Commissioners and staff -3yto the people present that there will be substantially fewer conflicts under the proposed amendments than there are at the present time, and that the proposed amendments to the plan ara u_ess restrictive than presently exist, and there is no intention to work a hardship on anyone. Mr. Reed asked if the 30 foot front yard setback requirement could be amended to 15 feet? Commissioner Usher suggested that at the time any proposed building is undertaken to apply for a variance to the front yard requirements. Mr. Rawlings said if they could get these amendments made to the plan so they can get the land advertised for sale, they can then be considering changes in areas where there might be a problem. Mr. Olson suggested that an additional change be made in the plan, that the property west of the doctors' office, east of Carver Center and south of the railroad tracks be included for "DD" Office District Zoning. A motion was made by Commissioner Duckers, seconded by Commissioner Usher to approve the amendments to the Urban Renewal Plan, Kansas R-29, as submitted, including the area for office district zoning. Ayes: (5). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: "A RESOLUTION of the Governing Body of the City of Salina, Kansas, amending certain sections of the Northeast Industrial Park Urban Renewal Project, including side yard regulations, performance standards, parking regulations, loading and unloading regulations, sign regulations, storage of materials and supplies and the project description." A motion was made by Commissioner Duckers, seconded by Commissioner Usher to approve 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 3297. PUBLIC AGENDA PETITION NUMBER 3596 was filed by Richard A. Barlow for the approval of the preliminary plat of Eastridge Addition. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell that the petition be referred to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE Application was filed by Dale Blocker, d/b/a The Blue Room, 347 North 7th. (New application). The City Clerk reported the applicant has paid the required fee and the application has been approved by the Health Department, Zoning Officer and the Police Department. A motion was made by Commissioner Duckers, 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 Duckers, seconded by Commissioner Weisgerber to add appointments to boards and commissions to the agenda for consideration. Ayes: (5). Nays: (0). Motion carried. THE MAYOR, with the approval of the Commissioners, made the following appointments: Building Code Advisory Board Richard Johnson, (General Contractor) appointed for a 3 year term to June 1, 1979, to succeed Charles Frank. Jim Lytle, (Electrical Contractor) appointed for a 3 year term to June 1, 1979, to succeed Jack Gill. Ben Sellers, Jr, (Attorney) appointed for a 3 year term to June 1, 1979, to succeed Dean Owens. Electrical Code Panel Bill Phillips, (Journeyman Electrician) appointed for a 5 year term to April 6, 1981, to succeed Neil Swander. Board of Plumbing and Gas Fitters Examiners Jim Hamilton, appointed for a 2 year term to May 1, 1978, to succeed Robert K. Parker. Citizens Advisory Committee Area "A" Kenneth Faerber, reappointed for a 3 year term to November 25, 1979 D 1 1 Area "B" Harry Phillips, Jr., reappointed for a 3 year term to November 25, 1979 Sister Jean Sweat, reappointed for a 3 year term to November 25, 1979 Grace Young, reappointed for a 3 year term to November 25, 1979 Area "E" J. Dean Boone, reappointed for a 3 year term to November 25, 1979 Etta Langshaw, reappointed for a 3 year term to November 25, 1979 Area "F" Dr. Medford Shively, reappointed for a 3 year term to November 25, 1979 Larry weber, reappointed for a 3 year term to November 25, 1979 Area "G" George Etherington, reappointed for a 3 year term to November 25, 1979 Stephen Ryan, reappointed for a 3 year term to November 25, 1979 Area "H" Raymond Zaragoza, reappointed for a 3 year term to November 25, 1979 Area "I" Helen Crawford, reappointed for a 3 year term to November 25, 1979 Area "J" Rachel Chavez, reappointed for a 3 year term to November 25, 1979 Consuelo Diaz, reappointed for a 3 year term to November 25, 1979 Joe Kaba, reappointed for a 3 year term to November 25, 1979 Merle Smock, reappointed for a 3 year term to November 25, 1979 Robert Tombaugh, reappointed for a 3 year term to November 25, 1979 Area "L" Carl Ramsey, reappointed for a 3 year term to November 25, 1979 Area "M" Cleo Allen, reappointed for a 3 year term to November 25, 1979 MAYOR SIMPSON said he received a letter from Mrs. Maryellen Batt, Chairman of the Cultural Arts Commission, expressing some interest in updating the ordinance which created the commission in 1966. They have areas of concern regarding the description of the duties of the commission, responsibilities, personnel, number of commissioners, and referred the letter to the City Staff for its;review and instructed that a report be made to the City Commission with its recommendations. Commissioner Duckers asked to add an item to the agenda for considera regarding the licensing and regulation of "closing -out sales, bankruptcy sales, and quitting business sales". He said the matter was brought to attention with the sale going on currently that has been in progress for 6 months. Mr. Norris, Mr. Baldwin, and Mr. Jilka were present to ask the City Commission to adopt an ordinance covering the closing out and sales of that type. They asked that the ordinance be passed to stop outsiders from coming in for a short period of time and using our city as a dumping ground for furniture and other merchandise. They explained a number of neighboring towns have such an ordinance and the reason for such an ordinance is to give the legitimate merchant protection, these types of operations pay no tax, the money taken in from this type of closing out sale all goes out of town, this type of operation is not the impact Salina deserves. They said an ordinance of this type would protect the public from fraud inherent with this sort of operation. They said the auction scheduled for tonight is not the image Salina business people like. 111 - Commissioner 11 Commissioner Duckers explained the Wichita ordinance says if they are going out of business, they have 90 days to get out of business, McPherson is even more strict in that they give 30 days. The ordinances are quite clear and they are.not to stop any legitimate business from going out of business, it is just stops the itinerant from coming in and buying the name of the legitimate business that is closing out then funneling in merchandise by the truckload to be sold in the "closing out sale" A motion was made by Commissioner Duckers, seconded by Commissioner Weisgerber to instruct the City Attorney to check into this problem and to draft an ordinance which would cover this type of operation, as well as out -of -country tailors, etc. Ayes: (5). Nays: (0). Motion carried. COMMISSIONER USHER congratulated the community for passing the bond election held November 2nd. He said a lot of work was done by a lot of people, and he would like to see the city get started promptly with the sale of $6,500,0 General Obligation bonds as there is a very favorable interest rate market at the present time and moved to instruct the staff to proceed with the issuance of the bonds. The motion was seconded by Commissioner Duckers. Ayes: (5). Nays: (0). Motion carried. Mayor Simpson expressed congratulations to Commissioner Caldwell in his win for the 68th congressional seat in the November 2nd General Election and condolences to Commissioner Weisgerber for his loss in the election. A MOTION was made by Commissioner Usher, seconded by Commissioner Caldwell that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. n 11 D. L. Harrison, City Clerk