03-10-1975 Minutes1
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City of Salina, Kansas
Regular Meeting of the Board
Of Commissioners
March 10, 1975
The Regular Meeting of the Board of Commissioners met in the
Commissioners' Room, City -County Building, on Monday, March 10, 1975, 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 W. M. Usher, Chairman presiding
Commissioner Robert C. Caldwell
Commissioner Norma G. Cooper
Commissioner Mike Losik, Jr.
Commissioner Jack Weisgerber
comprising a quorum of the Board, also:
Norris D. Olson, City Manager
D. L. Harrison, City Clerk
Absent:
L. 0. Bengtson, City Attorney
printed. The Minutes of the Regular Meeting of March 3, 1975, were approved as
THE MAYOR PROCLAIMED the Week of March 9 through 15, 1975 - "GIRL SCOUT
WEEK IN SALINA". The proclamation was read by Renee Carter, a Junior at Salina
High School South, and Robin Charlton, a Sophomore at Salina High School South.
Both are members of the Board of Directors of the Central Kansas Council of Girl
Scouts.
THE MAYOR PROCLAIMED Saturday, March 15, 1975 - "TOOTSIE ROLL DAY."
The proclamation was read by Frank Thelen, of the Salina Countil of the Knights
of Columbus.
STAFF AGENDA
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE
providing for the vacation of a portion of Laura Street within the City of
Salina, Kansas." A motion was made by Commissioner Weisgerber, seconded by
Commissioner Cooper to adopt the ordinance as read and the following vote was
had: Ayes: Caldwell, Cooper, Losik, Weisgerber, Usher
The Mayor approved the ordinance and it is numbered 8425. Theaordinance wasried.
introduced for first reading March 3, 1975•
A RESOLUTION was introduced and passed entitled: "A RESOLUTION
determining the advisability of street, water main and service lines, sanitary
sewer and service lines, and storm sewer improvements, estimating the cost thereo ,
defining the boundaries of the improvement district, method of assessment, and
apportioning the cost between the improvement district and the city -at -large."
(Improvements in Country Club Estates Addition Number 2- Engineering Project
75-575). A motion was made by Commissioner Caldwell, seconded by Commissioner
_osik to adopt the Resolution as read and the following vote was had: Ayes:
,aldwell, Cooper, Losik, Weisgerber, Usher (5). Nays: (0). Carried. The Mayor
approved the Resolution and it is numbered 3224.
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A LETTER was received from the City Planning Commission regarding
petition number 3468, which was filed by Nelson and Company requesting rezoning
of Lots 33 and 35, Block 3, VanTrine Addition from District "B"
Dwelling House District) to District "C„ (Two -Family
(Apartment House District).
"On March 5, 1975, the Salina City Planning Commission met to reconsid
Petition Number 3468 as you requested at your meeting of February 24, 1975•
"At that meeting, by a vote of four (4) in favor and three (3)
opposed, it was recommended that this petition be denied on the basis of traffic
conditions and congestion, no sidewalks in the area, and street -side refuse
collection."
Commissioner Weisgerber said, "Since the City Planning Commission has
come back for the second time, I would move we accept the recommendation of the
City Planning Commission and deny the rezoning request."
The motion died for the lack of a second.
Commissioner Losik said, "I would like to review the facts concerning
this petition. First of all it conforms to the land use plan. Number two, it
is consistent with the zoning that already exists in this area. Number three,
it is recommended by the Planning Director and his staff. Number 4, it does not
constitute a traffic hazard as reported by the City Traffic Engineer, since it
only carries 40. Number five, parking will be provided by the petitioner. Six,
trash pick-up is being done on streets in the majority areasof this community.
We recently passed an ordinance making all trash, other than in home
to be placed on the curbing, and there are many areas in the City withoutratedsidewal
including the new ones which are being built without 'em. I can find no valid
reason to deny this petition, and I would move that we reject the recommendation
of the Planning Board and approve this petition."
Commissioner Cooper said, "I don't think we have anything that says
we have to place our refuse on the curb, or yards, limbs
I am going to second the motion, but I would like to explainass whyCllppings I read the etc
Planning Commission minutes and the comments of the
people
not in favor of this petition, and the description they g ivin the area who were
true. 1 know, because I use Second Street; but I think italso desccriibesreet Thirds
Street, Fourth Street, Penn Street, my street, most 32 foot wide streets in the
City of Salina that do not have some kind of parking limitations applied to them.
Most of us are acquainted with the saying that there are three sides to every
issue, your side, my side, and the right side. Well in this situation I think
the petitioner is right, because he does meet all the criteria or rules that
the City requires for granting a zoning change. It is the only
we
determine who is permitted to receive zoning changes. The only tthingythathave couldo
override it, because he does qualify, would be a legal protest, and we haven't,
a protest petition, a legal protest petition, and we have not received any such
document. I do not support decisions that are pulled out of the hat or on a pick
and chcose basis, and I think since none of the guidelines were used in reaching
this conclusion, that I would have to support the petitioner's request. That is
the reason I seconded the motion."
Mayor Usher said, "Well, that is a switch."
Commissioner Cooper replied, "I don't know how."
Mayor
voted alongwiithUsher
the protestors,ou sat hrtwo
,landnowall ofasuuddenr.. and you have always
Commissioner Cooper said, "...only if it was a valid protest, a legal
)rotest, now there is a difference between opposition and a legal protest. I am
aware that if you follow the guidelines and the policies of land use that this
:ity has, that there are hardships involved and that there are disappointments
nvolved, but they are less under those kinds of measurements than if you do it
>n a selective, well we will do it in some instances and not in other instances.
here is more injustices under that than there are
he rules." if you try to subscribe to
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Commissioner Losik said, "I would like to add a little to that. Now,
we have had in the past, when you mentioned that this is a switch, Bill. I, I
don't quite agree with you in that here in every case we have had people who are
specialists in this area. You, in the past have also stated that you would have
to go along with these recommendations. Now when the Planning Director and his
staff, and all the items I mentioned are in favor of this, and there is absolute]
nothing valid to dispute these things. Now, how do you consider that a switch?
I think we are following what we spent thousands of dollars and many man hours
to develop so that we can give fair and equitable treatment to this. Now had
there been a valid protest petition submitted, changes are it would have been
considered differently. Maybe it would and maybe it wouldn't. All it would have
made was the difference in the number of votes it would have required to pass
this, so this is what I am saying. So I don't see .."
Mayor Usher said, "There is no sense for a valid protest petition
because it could never get by this commission anyway, because one man can't vote
on it. Is there anyone out in the audience who would like to comment on this?"
Commissioner Cooper said, "Well it could, because I honor valid
petitions, and I always have."
Mayor Usher asked, "Anyone in the audience care to make a comment?"
Juanita Ackers said, "We know the planning board has denied it twice,
and I don't go along with the 4% traffic.."
Louis W. Winn, 667 South Second, said, "I am the property owner of the
adjoining property. I agree this traffic count was taken I think the day that we
were convened here, and from 12 to I everyone is working or either eating lunch,
so you can not. Just come up here during the peak hour, and the peak hours are
anywhere from 7 to 8 or from 3:30 to 6:30. Traffic is outrageous there. If
Mr. Nelson is allowed to put a four plex there it is going to congest our area
even more. You have got all types of car racing up, engines running u
p, now this
area will be too congested as far as traffic and the housing there.Duplexes,
sure, I'd welcome it. A four plex, I would get the breeze cut off on my apartment
my home. (unintelligible)"
Mayor Usher asked, "Are there any other comments?"
Nelson Sowell said, "This street is just to . is the reason why I
object. The traffic and stuff is thick down there, and I sit there on my porch
and sometimes those little children coming down those inclines with all that
tafffic sometimes my heart almost goes into my mouth. I am opposed to apartments
going in there. That is my protest."
Mayor Usher asked, "Are there any other comments? Anybody for the
petitioner?"
Mr. Olson said, "Mr. Mayor, I might make one comment as to the question
was raised here about the petition, a valid petition. These people had no
opportunity to present a petition in that the decision rendered by the Planning
Commission in this instance is favorable to them. So there is nothing for them
to protest. Had the decision gone the other way I think there was plenty that
spoke to it, and there probably could have been circulated a petition at that
time, so I merely make that in passing."
Commissioner Cooper asked, "Aren't there some avenues available to them
if they wanted to, I have no idea how the vote will come out on this commission,
but would there be some avenues available to 'em if they wanted to petition the
decision of the commission in case it does not go the way they would like for it
to?"
Keith Rawlings asked, "Appeal the decision of the City Commission?"
Commissioner Cooper replied, "uh huh."
Keith Rawlings replied, "Their only alternative would be through
:he courts."
Mr. Olson said, "District Court".
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Mayor Usher asked, "Are you ready for the motion?
All those in favor of the motion say Aye: Cooper, Losik (2)(�uThoseno
Weisgerber, Usher (2). Commissioner Caldwell abstained. PPosed:
Mayor Usher commented, "We are right back where we were."
Commissioner Weisgerber commented, "It takes a 4/5 vote to
override a decision of the Planning Commission, so ... "
Mayor Usher "So I think it is .."
Commissioner Losik - "No."
Mr. Olson - "No."
Commissioner Caldwell - "No."
Mayor Usher - "Only with a petition."
Mr. Olson - "Only with a majority, Mr. Weisgerber."
Commissioner Weisgerber.- "I beg your pardon."
Commissioner Caldwell - "A majority."
Mayor Usher - "Just a majority."
Mr. Olson - "A majority."
Commissioner Weisgerber - "Yes to agree, but I mean .."
Mayor Usher - "to override."
Mr. Olson - "Override the protest."
Mayor Usher - "If it is protested."
Commissioner Weisgerber - "You are right, Okay."
Commissioner Caldwell - "We are not overriding."
Commissioner Weisgerber - "Okay, okay."
Commissioner Caldwell - "We are not overriding."
Mayor Usher - "So we have in effect sustained .."
Commissioner Weisgerber - "It amounts to the same thing."
Mayor Usher - "The Planning Commission decision."
Commissioner Losik - "No we haven't. You, you, you certainly didn't
get an approval on it or a disapproval, you got a tie vote on it in both cases."
Mayor Usher - "Well what we are, it remains zoned the way it is Mike."
Commissioner Losik - "Yes, but in other words, right at this point
though there is still no decision reached on it."
Mayor Usher - "That is right. It remains zoned exactly the way it is.
The petitioner is going to have to go through the whole exercise again."
Commissioner Cooper - "If he wants."
Mayor Usher - "If he wants."
Commissioner Cooper - "If he wants a zoning change. He can go ahead
nd build the two duplexes without a zoning change."
Mayor Usher- "Uh huh."
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Commissioner Weisgerber - "Well„ "
Commissioner Caldwell - "Well. I'd like to .."
Commissioner Weisgerber - "object to that .."
Commissioner Caldwell - "I would like to make a comment here. The
Attorney isn't here to, I think an abstension is a no vote."
Mr. Olson - "In this instance it is."
Commissioner Losik - "It is an abstension,
simple as that." it is no vote, it is as
Mayor Usher - "Well we are right back where we were before the petition
walked in to request the zoning, so 11
Commissioner Caldwell - "It is actually denied."
Commissioner Losik - "No it isn't."
Mayor Usher - "Well it sure is denied, he can't do anything..."
Commissioner Losik - "Well, alright .."
Mayor Usher - "., so he is right back where he was. It is just a matte
Of terminology."
Commissioner Losik -"It is no decision has been reached on it."
Mayor Usher - "He can go back and reapply that .."
Commissioner Losik - " the motion to deny was not approved. As a
matter of fact it wasn't even seconded, so the motion to approve it was a tie
vote."
Mayor Usher - "There is nothing the petitioner can do. He is right
back where he was before he even started this thing, now if he wants.."
Commissioner Losik - "well.."
Mayor Usher - ".. to rezone it, he will have to file another petition
and pay the rezoning .."
Commissioner Caldwell - 111 think that .."
Mayor Usher - "..fees, the petition fees."
Commissioner Losik - "I would like to make sure that the record reflect
every word of this conversation that took place today because this again is
exactly what we have been fighting for years, is where we are using a double
standard, we are turning around and going against the - our own guidelines. Our
own guidelines in every case. We have disputed our planning director. We have
disputed our traffic director. We have disputed everything about this that was
submitted."
Mayor Usher - "As you have said so many times it is still a citizen
:ity and as long as ..." '
Commissioner Losik - "This is right."
Mayor Usher - "Citizens want to come in here and protest the man's
,etition.."
etition?" Commissioner Losik - "Why didn't you people do that with the Shalimar
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Mayor Usher - "..alright then this is exactly what we are doing."
Commissioner Losik - " . you certainly didn't give those
.. or any (unintelligible).'' people any
Mayor Usher - "Let's move on, we have taken care of this item."
Commissioner Caldwell - "Well I would like to make one comment. When
the letters go out to the people in the benefit district, it
goes to
that lives there. If this was so simple as was stated at the planniingvmeetiing
that this was a simple idea, I don't think anything is simple for the City o
Commission, why do they send out the letters to the '
protest? Thre
must be a matter of judgement the people have to use in making decisions orethe,
wouldn't send out those opposing the petitions and those who are in favor of it.
So there must be a valid reason for having protests and it is based on judgement
as well as other things."
Commissioner Cooper - "It is based on legal notice."
Commissioner Losik - "You are exactly right Bob, that this Commission
has been notoriously insensitive to people in the
t
proven when we used a legal technicality to knock out whattnormallyand wouldahaves
been an acceptable legal protest."
Mayor Usher - "Nonsense."
Commissioner Weisgerber - "I would just like to say I don't think
that my position has shifted on this particularly. I have been very slow all
through the time that I have been on the City Commission to override the City
Planning Commission because I feel that they work on these quite carefully,
and they have information that they consider sometimes that we don't have.
They have come back, I know this last vote was a narrow margin, but they have
come back for the second time and requested it be denied, so I think what I am
doing here is simply following the recommendation of the Commission that we have
appointed to make the special study of this. I know in this case they don't
happen to agree perhaps with staff, but I don't think they should be left out
of our considerations since it is their responsibility to make these particular
recommendations."
Commissioner Cooper - "I think the .."
Commissioner Losik - "Jack, the decisions are based on facts submitted.
We have two sets of minutes that every inch of the facts are in the facts and in
those minutes of the Planning Commission. Now there isn't anything to my
knowlege that would be official except what is in those minutes, and this is
what I am following. And those minutes indicate that each and every item has
been followed and completely disregarded with no valid reason given, other than
the traffic, and again .."
Mayor Usher - "I think it is a very important, very important, valid
reason and that was the people who protested."
Commissioner Losik - "That is right, but in the past this, as I say,
this Commission has been very insensitive to this type of thing, and we have .."
Mayor Usher - "I disagree with you there, you are just .."
Commissioner Losik - "..You have South Ninth Street
Ohio, you have Shalimar, you can go on and on." You have South
Mayor Usher - "Next is the .."
Commissioner Losik - "Where the people didn't matter.."
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THE CITY ENGINEER reported on Petition Number 3463 which was filed by
Grace Igo, for the installation of a water main on Van Horne Street, from Ohio
Street east to serve Lots 1 through 15, in Fairway Addition; "The benefit distri
for this petition would be lots 4 through 15, of Fairway Addition, as the ad'acen
properties were included in the benefit district for the Ohio Street water mains
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"The signatures on the petition represent 43% of the owners and 42% of
the land, neither being sufficient for a valid petition."
Mayor Usher suggested her only recourse is to go out and get the other
property owners to sign the petition.
Mrs. Igo was present, and said they won't sign, because Millers and
Coors are served by the water main off Ohio Street. "The only'thing,I can do
if you won't give me water I will have to drill a well. I live in the City Limit
and I want to have city services.,,
Mrs. Igo stated the well had gone dry since she purchased the property
a year ago and she has been hauling water since December.
Mr. Boyer explained the petition isn't strong enough to say there will
be a project, but the Commission may go ahead and resolution in the water line
and wait for the protests to be filed.
Commissioner Weisgerber asked Mr
Boyer for his recommendation.
Mr. Boyer recommended the water main to be installed.
After a short discussion, a resolution was introduced and passed
entitled: "A RESOLUTION directing the City Engineer to prepare a feasibility
report relative to the advisability of the installation of certain water main
improvements in Van Horne Street, within the City of Salina, Kansas." A motion
was made by Commissioner Weisgerber, seconded by Commissioner Caldwell to adopt
the Resolution as read and the following vote was had: Ayes: Caldwell
Losik, Weisgerber, Usher (5). Nays: (0). , Cooper,
Carried. The Mayor approved the
Resolution and it is numbered 3225.
It was explained to Mrs. Igo that the involved property owners would
have the opportunity to protest the project; also if it was not protested out,
it would be several months before the water main could be installed.
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COMMISSION AGENDA
PUBLIC AGENDA
PETITION NUMBER 3473 was filed by Wilson and Company by Richard S.
Worrell for Capitol Federal Savings and Loan Association, for the approval of the
preliminary plat of Capitol Sub -division. A motion was made by Commissioner
Caldwell, seconded by Commissioner Losik to refer the petition to the City
Planning Commission. Ayes: (5). Nays: (0). Motion carried.
THE CITY COMMISSIONERS reviewed the final development plan for Salina
drecker Service in the Northeast Industrial Park, requested by the Urban Renewal
agency. A motion was made by Commissioner Caldwell, seconded by Commissioner
_osik to approve the final development plans. Ayes: (5). Nays: (0). Motion
tarried.
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SURETY ON BAIL BOND LICENSE APPLICATIONS were filed by:
Ralph Bennett, d/b/a B & K Bonding, Box 1065
Jack Kindlesparger, agent for B & K Bonding, Box 1065
Eric Kindlesparger, agent for B & K Bonding, Box 1065
Stephen M. Klingzell, agent for B & K Bonding, Box 1065.
The City Clerk reported the applications have been a
Police Department, and Mr. Bennett has the required documents on file
was made by Commissioner Losik, seconded b approved by the
the license a Y Commissioner Cooper to approve
' A motic
applications and authorize the City Clerk to issue the licenses.
Ayes: (5). 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: (5). Nays: (0). Motion carried.
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D• L. Harrison, City Clerk
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