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02-24-1975 MinutesI 30 City of Salina, Kansas Regular Meeting of the Board of Commissioners February 24, 1975 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, February 24, 1975, at seven 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 W. M. Usher, Chairman presiding Commissioner Robert C. Caldwell Commissioner Mike Losik, Jr. 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: Commissioner Norma G. Cooper The Minutes of the Regular Meeting of February 10, 1975 were approved as printed. THE MAYOR PROCLAIMED the Week of February 23 through March 1, 1975 - "CERTIFIED ENGINEERING TECHNICIAN WEEK". The proclamation was read by Dennis Bowman, Assistant Regional Director of the American Society of Certified Engineering Technicians. THE MAYOR PROCLAIMED the Month of March, 1975 - "YOUTH ART MONTH". The proclamation was read by Ann Nettleton, Elementary Art Teacher for USD 305. THE MAYOR PROCLAIMED the Week of March 2 through 8, 1975 - "D.E.C.A. WEEK IN SALINA, KANSAS". (National Distributive Education Week). The proclamati was read by Sheryl Dreher, Secretary of the D.E.C.A. Gold Chapter. THE MAYOR PROCLAIMED the Week of March 2 through 8, 1975 - "D.E.C.A. WEEK". The proclamation was read by Jim Wise, Salina High School South. STAFF AGENDA BIDS WERE RECEIVED for the repair and replacement of overflow launders weirs, and baffles in Water Treatment Basins # 1 and # 2 at the Water Treatment Plant: Wilson Constructors, Inc. $61,405.00 J. S. Frank Construction Co., Inc. 64,114.00 Earth Excavation, Inc. 64,998.00 Mel Jarvis Construction Co., Inc. 96,091.04 Engineer's Estimate 70,000.00 A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to award the contract to Wilson Constructors, Inc., as the low bidder in the amount of $61,405.00, providing it meets the Engineer's specifications. Ayes: (4). Nays: (0). Motion carried. 1 1 31 A PUBLIC HEARING was held on the proposed assessments for the improvements in Engineering Project 74-569: (Bonnie Ridge Addition) Curbing, guttering, paving, grading, water main and service lines and sanitary sewer and service lines to be installed in Bret Avenue from Neal Avenue South and East to the existing pavement; Patty Drive from Bret Avenue to Scott Avenue; Scott Avenue from Patty Drive to Melanie Lane. Curbing, guttering, paving, grading, water main and service lines and sanitary sewer and service lines to be installed on Linda Lane from Neal Avenue south to the south line of Bonnie Ridge Addition as authorized by Resolution Number 3183, passed by the Board of Commissioners on the 22nd day of April, 1974. Gary Davenport, 644 Neal; Bill Wilsie, 844 Scott; Dale Basom, 2814 Melanie Lane; Roger Naylor, 2757 Melanie Lane were present and asked questions concerning the benefit districts, method of assessment and apportionmen of cost between the benefit district and the city -at -large. The City Manager and City Engineer explained these things to the property owners. There were no legal protests, and no changes were made in the proposed assessment. A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to approve the assessments and introduce the assessment ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed:©���, 3 i`i'15 Number: A LETTER was received from the City Planning Commission recommending the denial of Petition Number 3468, which was filed by Nelson and Company requesting the rezoning of Lots 33 and 35, Block 3, Van Trine Addition, from District "B" (Two-family Dwelling House District) to District "C" (Apartment House District). Mr. Dan Hebert, representing Mr. Jim Nelson, was present and asked Commissioner Caldwell to voluntarily disqualify himself from the final dispositi of this petition because he executed his right as a private citizen to appear at the hearing in opposition to the rezoning. Mr. Hebert and Mr. Nelson asked the City Commission to reject the recommendation of the City Planning Commission and send it back to them for further consideration. He explained that their recommendation that the petition be denied is unreasonable and incorrect under the circumstances. He said the planning department's own staff report, prepared by Mrs. Mary Bonilla, recommende the approval of the changes requested by Mr. Nelson and that the zoning change would be compatible with the overall land use plan. He also said the petitioner is not requesting spot zoning, but that the requested zoning would bring the property within the classifications of uses of the surrounding property. Mr. Hebert showed the City Commissioners a map of the area with the zoning of the surrounding property indicated. Mr. Hebert explained that Mr. Nelson is planning to build a four plex on one lot and provide off-street parking on the other lot, and that this would not add to the traffic and congestion problems on Second Street, as was discussed at the hearing; he would also be able to retain a large tree by utilizing the lots in the planned manner. 11 I i 32 Commissioner Losik said, "I am very much at a loss as to why, after we have worked so hard to adopt a land use plan, and we have strived very strongly to adhere to this plan, and in the past I might say this and the record will bare this out, that both planning board and the majority members of this Commission have not been too sensitive to protest. Now along the same line here is a land use plan that approves this type of zoning and there is no valid reason given on the second vote on a second motion that was voted on to reject this. This alone would make me want to send it back for a full explanation as to why." Mr. Rawlings commented that the present and proposed zoning are compatible with the land use plan as it shows the property residential and does not specify density. Mr. William Umphrey, 2375 Edward, was present and spoke in favor of the rezoning. He said sound improvement should be encouraged rather than discouraged, especially in a neighborhood which is described as static, or even declining. After further discussion, a motion was made by Commissioner Losik, seconded by Commissioner Weisgerber to refer the petition back to the City Planning Commission for reconsideration and an explanation as to why the deviation from it following the land use plan, and the compatible zoning that already exists there. Ayes: (3). Nays: (0). Commissioner Caldwell abstained. Motion carried. A LETTER was received from the City Planning Commission recommending the approval of Petition Number 3467, which was filed by Jerry Knowles requesting rezoning of a tract of land in the Northwest Quarter of the Southwest Quarter of Section 35, Township 13 South, Range 3 West of the 6th Principal Meridian, from District "A" (Second Dwelling House District) to District "D" (Local Business District), subject to platting. A motion was made by Commissioner Losik, seconde by Commissioner Caldwell to accept the recommendation of the City Planning Commission and approve the rezoning, subject to the platting of the property, and to introduce the rezoning ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: None COMMISSION AGENDA PUBLIC AGENDA Number: PETITION NUMBER 3471 was filed by Roberta S. Kaufman for the vacation of the cul-de-sac in Block 38, Key Acres 2nd Addition to the City of Salina, and vacation of the easements at the north end of Lots 2, 3, 4, 5, 6, Block 38, Key Acres 2nd Addition to the City of Salina. A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to refer the petition to the City Engineer for a report and recommendation. Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3472 was filed by John C. Simmons, Branch Manager of Ryder Truck Rental, for the vacation of the easement between Lots 13 and 14, Block 3, Westport Exchange Addition to the City of Salina. A motion was made by Commissioner Weisgerber, seconded by Commissioner Losik to refer the petition to the City Engineer for a report and recommendation. Ayes: (4). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Randolph E. Phillips, Jr., d/b/a Treehouse Lounge, 121 East Walnut. (New). 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 Losik, seconded by Commissioner Weisgerber to approve the license application and authorize the City Clerk to issue the license Ayes: (4). Nays: (0). Motion carried. 33 A TREE TRIMMING LICENSE APPLICATION was filed by Marvin Reinert, d/b/a Reinert Tree Service, 2042 Wesley. (Renewal) The City Clerk reported the applicant has paid the required fee and has the required surety bond and public liability insurance on file. A motion was made by Commissioner Caldwell, second by Commissioner Losik to approve the license application and authorize the City Clerk to issue the license. Ayes: (4). Nays: (0). Motion carried. A MOTION was made by Commissioner Caldwell, seconded by Commissioner Losik that the regular meeting of the Board of Commissioners be adjourned. Ayes: (4). Nays: (0). Motion carried. ij)-J cti� D. L. Harrison, City Clerk 1 7