11-15-1976 MinutesCity of Salina, Kansas
Regular Meeting of the Board
Of Commissioners
November 15, 1976
The Regular Meeting of the Board of Commissioners met in the Commission(
Room, City -County Building, on Monday, November 15, 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. O. Bengtson, City Attorney
Norris D. Olson, City Manager
W. E. Harris, Acting City Clerk
Absent:
D. L. Harrison, City Clerk
The Minutes of the Regular Meeting of November 8, 1976 were approved
as printed.
THE MAYOR PROCLAIMED the Week of November 14 through 20, 1976 - "NATI
EDUCATION WEEK". The proclamation was read by Carol Brandert, President of NEA
in Salina.
STAFF AGENDA
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MAYOR SIMPSON read a Resolution entitled: "A RESOLUTION expressing the 1,
gratitude and appreciation of the community to Karen Graves and Dr. John Dahlquisi,
co -chairpersons of the Salina American Revolution Bicentennial Commission". 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, I
Duckers, Usher, Weisgerber, Simpson (5). Nays: (0). Carried. The Mayor approve
the Resolution and it is numbered 3298.
Mayor Simpson congratulated them and presented each a copy of the
executed Resolution.
MAYOR SIMPSON PRESENTED the first Annual Good Citizenship Award to the
co -winners Karen Graves and Dr. John Dahlquist on behalf of the Planters State
Bank and the City of Salina.
They received a standing ovation.
Both thanked the Mayor.
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Rusty Meyers, of the Planters State Bank, presented the City with a
plaque to display the names of the recipients of the Annual Good Citizenship
ji Awards. The plaque will be on display in the Commissioners Meeting Room.
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AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
levying special assessments on lots, pieces and parcels of ground in the City of
Salina, Kansas, for the purpose of paying a portion of the cost of:
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.
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."
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(Engineering Project 75-586)
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Duckers 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 8521. The ordinance was introduce
for first reading November 8, 1976.
A REQUEST was received from Thomas E. Darnell, on behalf of the Simmons
Trust, that the rezoning ordinance (for the rezoning of a tract of land in the
SA of 25-14-3) be placed on second reading.
PETITION NUMBER 3585 was filed by Christ the King Lutheran Church and
C. L. King to deny the petition of Jack and Gary Gebhart, requesting rezoning
of a tract of land in the Southwest Quarter of Section 25, Township 14 South,
Range 3 West of the Sixth Principal Meridian, also known as the 2200 and 2300
blocks of South Ninth Street, from District "A" (Second Dwelling House District)
to District "C3" and "C5" (Local Business District). Said tract contains 27.94
acres.
PETITION NUMBER 3588 was filed by owners of real estate located within
200 feet of property proposed to be rezoned, protesting the proposed change of
zoning for property described in Petition Number 3570, zone change from "A" to
"D" Located at Section 25, T 14 S, Ninth and Magnolia.
The City Planner reported that Petition 3585 was filed as a protest of
Petition 3570, that there were no notarized signatures and is not a valid protest
petition. He reported that Petition Number 3588 was filed within the legal
protest period, with the proper notary acknowledgements and the computed protest
area is 10.6% which is not sufficient to affect the vote required by the City
Commission.
Mr. Tom Hampton, legal counsel for the petitioner was present and
explained that when the ordinance was introduced for first reading the City
Commission suggested the commercial area, especially along Magnolia Road, be
reduced to shield the area across the street from the commercial area, and in
accordance with that request they will, on the final plat, dedicate an additional
green belt area to screen the commercial area from the church across Magnolia to
the south. He requested the rezoning ordinance be adopted.
Commissioner Usher asked if the Simmons Trust is in the National Bank
of America?
Mr. Hampson replied it is not.
Mr. Clarence King, legal counsel for the property owners opposed to
the rezoning, set forth 12 reasons the rezoning petition should be denied: (1)
There is a traffic problem at 9th and Magnolia that should be resolved before
any rezoning is permitted in that area; (2) There is a traffic problem at Belmont
and Magnolia which should be resolved before any rezoning is permitted in that
area; (3) We have pointed out on several occasions the drainage and water
problem in that area and again this should be resolved prior to permitting any
rezoning in the area; (4) No need for the rezoning has been shown by the land j
owners. The protestors are not against progress but we do feel it is the obligation
of the land owner to show a need for rezoning, either by showing a specific
purpose for which the land must be rezoned for the economic benefit of the
community or a general need for additional land of the class requested in the
rezoning petition. No such need has been shown; (5) the requested rezoning is
in derogation to the 701 Plan and the Land Use Plan of 1973 and the Land Use
Plan of 1974; (6) The proposed rezoning has been opposed by more than 235
people who have signed petitions in opposition to the change; (7) the proposed
rezoning has been opposed by all resident property owners within 200 feet by
legal protest except 1 who has signed a petition opposing the change but was out
of town at the time the legal protest petition was signed. It should be noted
that the protestors are unable to obtain the required 20% because of the configura i
and design of the requested property. The petitioners own a large portion of
the surrounding area and that that is not represented by protest petitions is
already into commercial use; (8) The rezoning request is opposed by many of
the downtown merchants who feel that the thrust toward additional commercial
development should be in the business area downtown after substantial sums have
been expended by downtown merchants for that purpose; (9) The commercial use
of the property requested for rezoning may decrease the value of land of local
home owners in the area which loss could be prevented by the refusal to rezone
the land in question; (10) There is presently an excess of commercial land now
zoned for that purpose and ample land available at this time in the zoning
catagory requested. If land continues to be rezoned for commercial purposes at
the rate it presently is being rezoned, by the year 1990 we would have approximate
800 acres rezoned for commercial purposes when the Land Use Plans indicate that
only 45 acres will be needed; (11) The request for the rezoning of 29 acres in
this location is excessive; (12) The rezoning of the land along the frontage
of Magnolia is excessive."
Mr. King asked the City Commission to deny the rezoning request for
the benefit of the citizens who live in this area and for the benefit of the
City of Salina itself.
Commissioner Weisgerber asked the City Attorney if the request must be
returned to Planning if the Commission desires to change the amount of land to
be rezoned?
The City Attorney expalined that if the Commission does not accept the
recommendation of the Planning Commission, it must be returned to them once, and
then when it comes back the Commission is at liberty to change it in any manner
it sees fit or to reject it.
Commissioner Weisgerber commented that he agrees with the protestors
points 11 and 12 that the request is excessive. He said he wanted to bring up
one important point. He said he did not get his telephone calls catalogued, but
he did get the letters and the thing mentioned the most was the traffic, but
also of concern is item # 3, dealing with the drainage and water problems.
There has been a great deal of impervious surface added since the flood problem
of October 1973; and he has been advised by experts that a point to start is
with a complete set of aerial photographs, to be able to follow the breaks and
drainage and that this could be Phase I. Phase II would be the assimilation of
the information and decide what to do then.
He said it doesn't matter too much whether this is zoned commercial or
whether it goes into houses, either one is going to cause a lot more fast water
run off.
He said they need to allow a strip along 9th where homes might not be
built, but certainly not of the size of the original request.
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Commissioner Weisgerber moved to instruct the staff to proceed with
contracting for aerial photographs of the area looking forward to a comprehensive
plan for that area. Commissioner Duckers seconded the motion.
Commissioner Caldwell commented, "It seems like that is after the
fact. I don't think that is a justifiable thing at this particular time. We
should have done this 2 or 3 months (years) ago or earlier before these people
came up with this petition. That is my way of thinking and I have a voice here
also. That is my way of thinking. And if we are talking about doing this now,
and this is up for second reading and this isn't fair. We should have done this
2 years ago when this proposal came up or maybe 3 years ago. This is the second
time this has been around. Here we are back with it on second reading today.
We should have thought about this before we put it on first reading, but you do
have a motion before the house, Mayor."
Mayor Simpson said he has to agree with Jack, that the Commission
should address the problem of drainage, irregardless of what happens as far as
this particular petition is concerned.
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Commissioner Weisgerber commented that the petition has served to
bring out something that has been lying dormant too long, and has served to
bring it back to the Commission's attention. He suggested that they get both
the traffic and the drainage done and send the petition back to Planning for
reconsideration. He said these are two things that need to be done.
Commissioner Caldwell commented, "I think you would have a happier
populous if they knew this was done before this was voted on. Then they know
that that is out of the way, but we are saying we are going to go ahead and vote
on this one way or the other and then hope that it will be done. I feel like
this should be done way before we vote on this for second reading."
Commissioner Duckers asked Commissioner Caldwell, what he is saying?
"You are thinking it should be done before or after, he is putting this on so we
can address this and get this out of the way before we talk about the second
reading."
Commissioner Usher asked the City Manager if money is available for
the aerial photographs before the end of the year?
Mr. Olson replied money is available.
Mayor Simpson called for a vote on the motion to instruct the city
staff to have aerial photographs taken as the first step to solving the drainage
problem for the entire area. Ayes: Duckers, Usher, Weisgerber (3). Nays:
Caldwell (1). Mayor Simpson voted aye. Motion carried.
Mayor Simpson asked about the status of any proposal to solve the
traffic problems on Magnolia at South 9th Street.
Commissioners
Mr. Hampton commented that the action the Commission has initiated
will resolve the water problem in some manner for the area and hopefully will
eliminate that from being an objection to the development of the property; and
the traffic problem, he feels the petitioner has done all that is within his
capability to resolve the traffic problems, with the dedication of land. The
traffic problem is going to be there whether this property is developed for
residential purposes or commercial purposes. The petitioner has been put through I
all the hurtles to get property rezoned. He said this has been approved by the
Planning Commission and urged the City Commission to sustain the decision of the
Planning Commission and adopt the rezoning ordinance. He said the objection is
to any development and he feels the highest and best use of this property is
commercial utilization.
Mr. Boyer, City Engineer, approached the bench and showed the
a design for the improvement of the intersection.
Mr. King responded that people in the area have not, at any time,
objected to the development of the property. The only objection is to the
rezoning of a large tract for commercial purposes, 29 acres. He said the resident
probably would not protest a commercial area 200 to 250 feet wide along 9th
Street.
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There was some discussion concerning the curves on the frontage road
and the limitation of driveways on 9th Street.
Mr. Tom Smith, 2124 Raymond, was present as a property owner and said
he can speak for a lot of people in the area, and they are not against the
development of the area; but the thing they are concerned about is that there
are so many unanswered questions. "All we ask is that you as City Commissioners
use your prudent judgement to at least solve some of these problems before you
allow a development, and with the hassle you have had here today how you can
vote to develop when you don't have any solutions. If Salina is a city on the
move or whatever it is going to be we need to start right now and start using
some prudent judgement to solve these problems before we create them."
Commissioner Duckers asked if anyone wished to speak for the developer?
Mr. Jack Gebhart, petitioner, 201 West Cloud, was present and said,
"We started the subdivision in 1951. The farm consisted of 280 acres at that
time. I felt we made a grave error when we designed Kraft Manor. We have
problems up there that we have tried to alleviate with this plat. We have tried
to make concessions to appease the people. I think if the Commission would look
at what we have done with the 180 acres we have developed, we have developed the
south end of Salina. We have made an honest effort.to do the best we can with
the layout we have, which is an irregular shaped piece of property. They have a
frontage road to contend with, they have tried to handle traffic problems. I
don't know that we have handled any drainage problems because there really
hasn't been any serious drainage problems. The problems I have on my property,
we experience all over Salina in a driving rain, and I am sure the aerial photos
for the whole south end and further south of the city limits might alleviate
that problem. I have hired the best people I could to attack the development
properly with the professionalism only they have and I thought we had done a
pretty good job. This has been back and forth between the City Commission and
the Planning Commission a number of times."
Commissioner Duckers said he has to agree with Mr. King's points and
believes they are valid. He said, "A large number of people in the City of
Salina feel very strongly about this. The questions have been unanswered, as
this gentleman pointed out. We have handled initially here today a problem that
should have been handled 3 or 4 years ago. We have done everything but handle
the problem that people feel about that live out there, and that is the fact
that they don't want a commercial area along Magnolia Road. They are willing to
go along with the proposal of the Land Use Plan of 1974 which did not request or
suggest this big of an area. I think that is what we are confronted with today,
whether we want to place this on second reading or refer it back with our recomme
or to deny it all together. We have a people problem that needs to be heard."
Commissioner Weisgerber said, "Since this particular petition has not
gone back to Planning, it ought to go back to Planning with our general idea
that the area is too big. The plan you suggest may be a little too small, but
there may be a medium in there somewhere. It would give them an idea of how we
felt, we are not going to do any more with traffic today, I would move that we
deny the petition and refer it to Planning." (Refer the petition back to the
Planning Commission for its reconsideration.)
The motion was seconded by Commissioner Caldwell. Ayes: (5). Nays:
(0). Motion carried.
Mayor Simpson asked about pedestrian traffic on Magnolia, and what
criteria is used to determine the needs?
Mr. Boyer explained the School Crossing Committee, established by the
City Commission, is the body to consider this problem as it has criteria establi
for pedestrian traffic.
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Usher to refer the matter of pedestrian traffic on Magnolia Road to the School
Safety Committee for study and recommendation. Ayes: (5). Nays: (0). Motion
carried.
Dr. Olson was present and reported Grace Stewart and Coronodo Schools
are both overcrowded, and the children from this area will end up going to
Kennedy and Hageman Schools, both of which are on the west side of Ninth Street,
which should be taken into consideration with the pedestrian crossings.
Commissioner Caldwell commented, "The last time this came up before
the .. say 3 years ago it was denied. It was denied today but returned to the
Planning Commission. Now I have always been opposed to it for all the reasons
they have on this slip. Each time we get a different Commission we get a differen
answer to certain zoning, and I am not going to be around when that next time
rolls in, and maybe that is my fault, but I feel the Commission today should
reconsider that and deny it fully until all these things have happened and then
we can go from there, but although we have voted on sending it back to Commission
and that it is too late, but I feel that what we are talking about doing we
should get it done before we actually bring this back to the Commission for
voting on. I think that is in fairness."
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Mr. Bengtson explained to Commissioner Caldwell that the action taken
by the Commission is the only action the Commission could take if it disagrees
with the Planning Commission's recommendation which was to approve the rezoning
request. He explained that if the Commission disagrees with that recommendation
State Law requires the request must be returned to the City Planning Commission
once; when it comes back the second time the Commission can disapprove it.
PUBLIC AGENDA
A LETTER was received from Rodney Denzeisen, Chairman of the School
Safety Committee, recommending the installation of a signalized school crossing
on Ohio Street, approximately 150 feet south of Shalimar Drive, and to eliminate
the crossings on Ohio Street at Shalimar Drive and Ohio Street at Wayne Avenue.
A motion was made by Commissioner Usher, seconded by Commissioner Duckers to
accept the School Crossimg Committee's recommendation and approve the signalized
crosswalk on Ohio. Ayes: (5). Nays: (0). Motion carried.
A REQUEST was received from Harry Steele, for the reconsideration of
Petition Number 3586 for the release of the flight easement on the SW4 SE4
17-14-2. (Tabled October 18, 1976)
A motion was made by Commissioner Duckers, seconded by Commissioner
Weisgerber to remove the petition from the table for consideration. Ayes: (5).
Nays: (0). Motion carried.
Dean Owens, Attorney for the Salina Presbyterian Manor Committee, was
present and reviewed the planning and purpose of the committee and the background
of the petition, and stated the committee has concluded that the best site is a
40 acre tract on East Crawford, immediately east of Georgetown Addition and
directly north of the old municipal airport property. "The committee has
determined that the retirement home should not be constructed at this location
unless the clear zone easement is released by the City and the old runway is
permanently abandoned by the City for use as an airport. The committee believes
that the release of the easement and the abandonment of the old airport for
airport purposes would be in the best interest of the City of Salina for the
following reasons: The old runway has not been used or maintained as an airport
since the City acquired the present municipal airport property and to do so
would merely duplicate the expense to the City of operating and maintaining
airport facilities; we are informed that the present municipal airport could
handle up to 2 or 3 times its present traffic load. We did go back and take a
look at the deed of the Schilling property from the United States to the Airport
Authority and find that the deed does not contain any reverter clause whereby
the city (Federal Government) can reclaim the Schilling property in the event of
national emergency or otherwise. The only right the city (Federal Government)
would have to reclaim that property would be in the event of a default on the
part of the City to maintain and operate that property as a public airport.
There is that default provision. That is the only right the Federal Government
would have to come back and take that over. The FAA has abandoned the old
runway as an operating airport the City Planning Department has designated the
old municipal airport as a park area. The present city Land Use Plan and I
understand the County Land Use map indicates the site chosen for this retirement
home as residential development area. The Board of Directors of the Salina Area
Chamber of Commerce has favored the project and also has adopted a resolution
supporting the release of this easement at this location for this purpose. We
believe the easement has restricted the orderly growth of Salina to the east and
this continued existence will only continue to hamper the growth of the city to
the east and away from the flood plain area. The final reason why we believe
this is in the best interest of Salina is there is an extreme need for this type
of facility in this city. I won't belabor that, I think the need aspect of it
has been acknowledged by everyone who has heard anything about it. We do believe
it is in the best interest of the city -at -large and we would respectfully request
that the city release its clear zone easement on the proposed retirement home
site and permanently abandon the old municipal airport runway as an airport."
Commissioner Weisgerber asked what he meant by "permanently abandon"?
Mr. Owens replied, "The committee feels if the runway could be utilized
as an operating airport sometime in the future, it probably would be detrimental
to the retirement home.
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Mr. Bill Horton, 2115 Quincy, said, "I have been interested in avaition
over 30 years and have owned aircraft that long and I am in opposition to releasin
the clear zone easement because practically every city in the state would like
to have that airport or an airport like it. Wichita and Kansas City are making
plans for reliever airports and we have a multi-million dollar asset out there.
I am not against your home at all, but if we ever had to build a reliever
airport, and who can say we won't have to, we would have to spend many, many
times that amount of money to locate one somewhere else. I can't understand
Commission action here to wipe that thing out so it never would be an airport
again. I was chairman of the Salina Airport Authority and I really am interested
in this airport possibly being needed. We don't need it today but if we did
need it 5 or 10 years from now then we can just subject ourselves to comments
from people who would say we weren't far sighted in looking for reliever airports.
I really hate to see you make a hasty judgement on that without some deep thought.
Mayor Simpson asked if there are other communities of this size who
have more than one airport?
Mr. Horton said, "we are very lucky to have it. Wichita Airport
Authority has made studies about 2 more reliever airports, KC was looking for
about 4 locations around Kansas City for reliever airports."
Mayor Simpson asked if the Airport Authority has addressed this problem
and made any suggestions about what time in the future Salina might need such
facilities?
Mr. Horton said he doesn't believe any study has been made about that,
but we are in an enviable position to have a 6,200 foot concrete runway.
Commissioner Duckers asked Mr. Horton if there is any strong support
from the general avaition people in Salina?
Mr. Horton said they didn't get together in the coffee shop yet. He
said, "This may be the only location for the retirement home, but I thought to
myself, is that the only location there is? I guess it is the thing of the
airspace easement and I hate to see it lost."
Commissioner Usher commented, "It is an irreplaceable value. That is
my own personal opinion because I don't know what the highest and best use of an
airport is, except for an airport eventually, and I agree with Mr. Horton I
think some kind of study needs to be done before we just arbitrarily release air
rights until we can come up with some expert advice. Certainly I don't place
myself as an expert and I am not so sure those people out there can place
themselves as experts, because there just hasn't been that much study done on
it."
Commissioner Usher said this petition was referred to staff for a
recommendation and he asked the City Manager if the staff has done anything
towards thinking about this, and what recommendation they might have.
Mr. Olson said, "We did not meet with the committee, Mr. Owens came in
and visited with me. I visited with members of my staff. The only thing we
discussed was to either change the glide angle and the possibility of the City
relinquishing the north 1000 feet of the runway for touchdown purposes. By
changing the glide angle, that would put all of the runway and air rights south
of Crawford Street, and I discussed that with members of my staff and concluded
we couldn't see where this wcould possibly be a realistic approach to this
particular type of subject, and apparently Dean and his committee have concluded
that that maybe wouldn't be a very good approach likewise, because I heard him
today say that it was a matter of total abandonment or nothing. The staff
agrees to this concept and this philosophy. There is a question that intrigues
me and I think I mentioned this to you Mr. Weisgerber. Even though that runway
is x'd out, and a plane decides to land, I wonder about the liability and we get
this all the time, public liability, liability of public officials. Wherein
does the liability end unless the character of the runway actually be destroyed.
I don't say you have to go out there with a loader and pick it up and take it
out. I do think it probably should be broken up and some dirt movement, and the
like take place to take away the total character of a concrete slab 6,200 feet
long. Now, whether the plane that lands on an x'd out runway is in distress or
not is secondary. We have it x'd out, there are planes landing out there and
they are not crippled planes, today. I think that we would be heading down the
road to a public nuisance type of thing even if there is never any lawsuit
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involved. You addressed replacement costs today, replacing the concrete that is
there for runway, crossover, and taxiway purposes on today's market, a little
over 2 million dollars and this does not include any support facilities, it does
not include land. I think another point, and I know this isn't what this committee
sitting out here wants to hear, but I look at the City Commissioners and I look
at myself as some form of a joint guardian, I guess for the lack of any better
term, a joint guardian of public property and public money and things of this
sort. I am sure that at some point in time the tax payers of Salina voted the
3rd of a million dollars or whatever it was back in about '55, '56, '57 or prior
to that possibly even, for the first runway. I really don't know. We have not
researched this out, and I simply would raise the question of whether this
should at least have a public hearing, at least see if there is any public input
and a full advertisement upon public hearing, or the fact of a referendum approach,
I don't know if this has merit or not, I have not visited with Mr. Bengtson on
it either. Wichita, I understand, does have 10 airports of various sorts within
a 5 mile radius, you addressed that subject, I think if I am not wrong there are
7 paved and 3 unpaved. Air transportation is getting bigger all the time and I
am not an aviation bug, I don't fly unless I have to and want to go from point A
to point B and utilize the airways. I guess in sum and substance, saying from a j
staff point of view and maybe from a "safe" point of view, it just would appear j
to me that somehow, someway some type of a think tank process should take place.
The planning for using that strip as a plus to the community, as an asset to the
community probably needs more attention than it has ever been given in the past.
I would hope that there would be some airport oriented input into something like
this and I think that as Bill mentioned from the bench that he is not the expert.
I am not. And I don't think any of us in the room would profess to be this type
of expert." j
Mr. Jim Geisendorf was present and commented, "I think that something
has been said here about multi-million dollar thing out here with that runway.
I think you are overlooking completely, you are overlooking a 15 million dollar
one here across the road with a great deal more need than a strip of runway that
is unused and is designated today as a park. I think you have got a point when
you say it costs money to replace. It costs a whole bunch more today than it
did before. So does this retirement home."
Commissioner Usher asked if they have other possible locations for it?
Mr. Olson said, "I think what disturbs me, relating to the need for
the Presbyterian Manor, don't infer that either the City Commissioners or myself
don't feel this need in this housing deal. We have been through that longer
than you have, with private people, with FHA, with HUD, you name it and we have
been there. Okay. There is nobody, I don't think, feels any stronger than we
do collectively as far as the need for what you people are trying to do. That is
not a question, and it bothers to relate the need for that facility to the
abandonment of the airport and to state Wilson and Company has concluded that
this was the best 40 acres, is that what you said? Do they have that criteria
available?"
Dean Owens responded, "The committee has considered a number of
sites, it actually took an option on a site on South Ohio Street, and which it
thought might be useable, and now has engineering estimates that in order to
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fill and compact that it will involve, as I understand it, not less than about
$150,000 investment in fill in order to fill that up to a proper elevation for
construction. This, of course, is a problem. The Committee has sought sites
for this thing, and have considered a number of them and this remains the one
available and feasible site that is economically feasible in terms of constructions
costs and site preparation. I would, in explanation back with Mr. Usher's
question regarding what the committee did following the last Commission meeting. j
Mr. Olson said that we did meet and discuss what the committee felt was probably
the only possible area of compromise and after reviewing it with the staff, Mr.
Olson reported he felt the city staff could not recommend the release of any of
the rights regarding the airport, it was then the committee met and determined
this site would be useable only if the old municipal runway were abandoned
permanently insofar as the city is concerned for use as an airport. And we
still feel that that airport property is a valuable property and can be utilized j
for recreational purposes, that the runway need not be torn up and made completely
unusable, it would provide great parking in terms of any recreational areas,
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particularly a baseball diamond complex, that type of recreational facility and
enough of it could still be retained for use. The present uses, it really
hasn't gone unused for the past 10 years in terms of recreational uses. I think
it still could be developed along the recreational line and as a park area to
very good advantage for the city."
Mayor Simpson asked Mr. Owens if the manor would have any particular
problems with the activities presently carried on at the old airport?
Mr. Owens replied there are no problems.
Commissioner Usher asked Tom Darnell, as a planner and a man with some
vision, if the expansion of the City of Salina is prohibited because of that
airport?
Tom Darnell replied, "The area is just now coming into development but
every other town has built around them."
Commissioner Weisgerber said, "The feeling I get from the Airport
Authority now is some of those representatives have no interest in this whatsoever,
want nothing to do with it whatsoever, think the airport they have out there is
sufficient in any possible remote foreseeable future and go ahead and get rid of
the rights and let it get built up, plus the fact that our latest Land Use does
show the old municipal airport as a park and it does allow for the area across
from it to be residential. If you get enough residential it would be just
exactly the same proposition we have just debated before we got to this subject.
If we get houses built all around that place out there and we try to go back and
use that as a municipal airport, it is just going to be an impossible situation.
Incidentally one thing that I think was mentioned at the other meeting, Dean
didn't you or someone mention the fact that there might be a little shopping
area go in that Planned Unit Development just west of this. That is interesting
because we had a worse battle with those folks than we did with the folks that
were just here a little ahead of you and there is something that I think they
may still be contemplating legal action on, so you might possibly want to keep
that in mind. What they can do I don't know, but I understand they are having a
meeting to see if there is any possible legal attack that they can make upon
that. I thought that maybe some of you that live up there better talk to your
(neighbors."
Mr. Owens said the shopping area would be a definite asset.
Commissioner Weisgerber commented his main holdup was the right of
recovery of the federal government, and to be sure the city is clear of liability
for an emergency landing, and moved to waive the flight easement.
Mayor Simpson commented, "I do not at this time see the need for the
airport. If someone could really verify sometime within the future of 10, 15,
20 years that there might be a need for an auxiliary airport in Salina. I
really had not, in my own mind, even addressed that subject, a second airport as
such. I don't know if there are any types of studies available, how you would
possibly address this, as to the air traffic into Salina next year, 5 years from
now, 10 years from now. I do have some concern about relinquishing some city
property as far as the legal aspects of that are concerned."
An unidentified man commented, "It has been ten years since this has
been used as an airport and every year that goes by, there is a need for mainte
for the bare concrete slab out there, and the further the more years that go by
the more this might be needed and the less chance that you would have to have a
useable slab airport facility, so the city would be having a future obligation
as an item of expense to maintain this slab. That is not a free ride for the
next 20 years. That is something that could become an obligation."
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Robert Batt, architect from Wilson and Company, representing the
committee said, "It has been mentioned some about the various possibilities of
sites locations. One committee member is quite familiar with available properties
throughout the city, and in answer to Norris' question as to whether we investigat
all possible sites, we were not hired definitely to investigate all sites, but
the committee itself did investigate to the best of their ability, the possible
available sites and we in turn evaluated those that they took under consideration,
and of those we considered the site in question is the best of those that were
suggested for a number of reasons: one is location relative to the rest of the
community, it is not on a heavily trafficed street such as Ohio which we considere
potentially hazardous to people of that age; it was also a good configuration in
that it was a square 40 acres as compared with the site on Ohio which was 27
acres of a very narrow and long configuration; it has a much better view for
residents, much more pleasant surroundings than a heavily trafficed area in
town; it also has a land configuration contours and that sort of thing that does
not require extensive dirt moving and it does not require expensive earth fill,
such as the site on South Ohio. The soil conditions also are much better in
regards to soil bearing characteristics compared to others that were investigated.
These are the reasons the East Crawford site was considered the best of those
investigated."
Mayor Simpson said, "My thinking has been colored by the extreme need
for this facility in the community and maybe the real question that we need to
address is whether or not Salina needs to maintain a second airport."
Commissioner Caldwell commented, "About every month we get some wording
in our papers about the Frontier Airline may be fading out, Western may be
fading out, and there may not be too much transportation in Salina. I don't
think we are going to need the second airport. I can't see that. In the
unforeseeable future I can't see that at all, but each week we hear something
about some airport, or the airport is not going to be functioning because of
some franchise is going to be dropped here in Salina, and I think you hear it
also as well as I do. I can't foresee a second airport with a population of
40,000 people."
Commissioner Usher commented he is not thinking about 40,000 he is
thinking about when we are 80,000. Air transportation is the only real form of
people transportation we have, and more and more people are beginning to use the
air traffic to move from point A to point B.
Commissioner Caldwell said, "I'll buy that also but look at Kansas
City, they have more people. We will never have 80,000 people. They have got
one airport."
Commissioner Usher said, "Wilson and Company said we will have 80,000."
Commissioner Caldwell said, "Well, I know, I am not saying we are not
going to have 80,000 people, but I think the airport out on the base there will
take care of all the people and planes that are going to come in here."
Mayor Simpson asked about the legal aspects of relinquishing city
assets.
Mr. Bengtson explained the City Commission has the authority to dispose
of city assets, and the Commission can decide if they will be disposed of free
gratis or if they are to be relinquished for what the city paid for them or
whatever the Commission decides. The Commission is making a decision do you
ever want to use the airport again. If the rights are relinquished the city
would have to re -acquire the air rights.
Commissioner Duckers asked if the rights can be relinqushed with
certain stipulations. If the manor is not built, then the city would retain the
air rights.
Mr. Bengtson explained Che commission must decide one way or the
other.
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Commissioner Duckers said, "It would take somebody with a heck of a
lot better program than I can foresee to cause me to want to give them away
other than for a retirement center such as you are considering building. I
would like to be able to say you can do it if you can put your thing together
but if not they are still ours, because I still have reservations in my mind
that Bill Horton and people like that who are interested in general aviation may
have a point we are giving away something that may have very great value to the
City not too many years off."
Mr. Owens said, "The Committee is dealing in absolute good faith and
has every intention of building a retirement home on this site, if they can get
it all together. There is no possibility of getting it all together in terms of
financing and the whole thing within the next couple of months. On the other
hand, I think Larry has expressed it very well, the Commission has the right to
release for such consideration or what have you as the Commission in its discretio
feels is proper and in the best interest of the city. If there is consideration
involved in the release of the easement I think that is something the committee
would need to consider, and I don't think it is prepared to answer necessarily
today. I think the committee has indicated a willingness to reimburse the City
for the price of the easements, if the City were to impose an additional condition
to the release being the actual construction of a retirement home on the site,
that being your best judgement, then I think that would be something the committee
would need to consider and see how this might affect the committee's plans. I
think this is the site the committee feels is the best and the only one they
have found that is really feasible. The committee is dedicated to this thing
and they want to see that built. If the Commission is receptive to that idea,
then I would request that the Commission proceed on that basis and if you want
to establish some consideration for it, if you want to release it on some
condition that you go ahead and do so, and let the committee see how it can
solve the problem. The committee has solved a lot of problems already and I
think they will be able to deal with that in some manner, hopefully. The problem
involved is trying to get the land nailed down, know when it would be available."
Commissioner Duckers asked if a letter of intent or something be put
as part of the price that they are going to pay us?
Mr. Bengtson said, "I think what you are saying is you will release if
for one purpose and not for another. I think this is discrimination and I don't
think this is logical in any way, shape or form because if the man on the south
end asks you the same question and he wants to build something else there, I
don't think you can turn around and say well if you will build this type of home
we will. I just don't think that you can do this. I think you are making a
decision here do you want to continue the air rights for future use of an airport,
and I think what goes on at either end is immaterial. This is the decision you
are making."
Commissioner Weisgerber said, "I do think the City should be reimbursed
for the fee that they paid for the air rights in the beginning, $2,300.00."
Commissioner Caldwell moved, "That we give them the consideration they
wanted as far as the home is concerned."
Commissioner Weisgerber seconded the motion.
Mayor Simpson called for a vote on the motion: Ayes: Caldwell, Duckers,
Weisgerber (3). Nays: Usher (1). Mayor Simpson voted Aye. Motion carried.
Mr. Harry Steele thanked the City Commissioners.
Mayor Simpson asked Tom Darnell about the status of the Johnstown
Towers Project.
Mr. Darnell responded, "According to the lastest reports from HUD we
have met all the financial criteria in order to initiate the project. The other
part is getting the funds locally in order to finance the equity of the project.
We met with some people out of town to finance approximately 11 of that equity
contingent upon being able to raise the other '2 from the community or the surround
area, and so it appears to us, depending upon how well the investment is received,
from the investment point of view, people wanting to invest in their community
for a return on their money, we hope to be announcing around the 12th of December
that we will be initiating construction. After about 2�i years we are getting
down to plucking the feathers off the bird."
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PETITION NUMBER 3597 was filed by Lyle Melvin, Jr., for the vacation
of the West 10 feet of the street right-of-way of Cherokee Drive, abutting
Prairie Village Mobile Home Park Addition. A motion was made by Commissioner
Usher, seconded by Commissioner Caldwell to refer the petition to the City
Engineer. Ayes: (5). Nays: (0). Motion carried.
COMMISSION AGENDA
The City Attorney asked the Commissioners to add the consideration of
two resolution regarding General Battery Corporation Industrial Revenue Bonds to
the agenda for action.
A motion was made by Commissioner Duckers, seconded by Commissioner
Usher to add consideration of the resolutions to the agenda for action. Ayes:
(5). Nays: (0). Motion carried.
The City Attorney explained General Battery is merging with their
parent corporation, and would like permission from the City Commission to assign
their leases they now have with the City to NORBAT.
A RESOLUTION was introduced and passed entitled: "WHEREAS, the City
of Salina, Kansas (the "City") and General Battery Corporation, a New York
corporation ("GBC") have entered into that certain Lease (the "Series A Lease"),
dated as of September 1, 1976, between the City and GBC, whereby the City has
leased to GBC certain machinery and equipment financed with the proceeds of
$1,000,000 principal amount of Industrial Revenue Bonds (General Battery Corporation
Project), Series A, of the City;" A motion was made by Commissioner Duckers,
seconded by Commissioner Usher to adopt the Resolution as read and the following
vote was had: Ayes: Caldwell, Duckers, Usher, Weisgerber, Simpson (5). Na,-.
(0). Carried. The Mayor approved the Resolution and it is numbered 3299. I
A RESOLUTION was introduced and passed entitled: "Whereas, the City of
Salina, Kansas (the "City") and General Battery Corporation, a New York corporation
("GBC") have entered into that certain Lease (The "Series B Lease"), dated as of
September 1, 1976, between the City and GBC, whereby the City has leased to GBC
certain land, buildings, machinery and equipment financed with the proceeds of
$7,000,000 principal amount of Industrial Revenue Bonds (General Battery Corporation
Project), Series B, of the City;" A motion was made by Commissioner Duckers,
seconded by Commissioner Usher 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 3300.
THE COMMISSIONERS did not bring anything to the floor for discussion.
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.
W. E.•Harris, Acting City Clerk