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06-23-1975 Minutesl U0 City of Salina, Kansas Regular Meeting of the Board Of Commissioners June 23, 1975 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, June 23, 1975, at seven o'clock P.M. The Acting Mayor asked everyone to stand for the pledge of allegiance to the Flag and a moment of silent prayer. There were present: Acting Mayor Gerald F. Simpson, Chairman presiding Commissioner Keith G. Duckers Commissioner W. M. Usher Commissioner Jack Weisgerber comprising a quorum of the Board, also: Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: Mayor Robert C. Caldwell L. 0. Bengtson, City Attorney printed. The Minutes of the Regular Meeting of June 16, 1975 were approved as STAFF AGENDA THE CITY COMMISSIONERS considered an ordinance for second reading entitled: "AN ORDINANCE providing for the amendment of Zoning Ordinance Number 6613 and the Zoning District Map therein and thereby adopted and providing for the rezoning of certain property within the City and prescribing the proper uses thereof." [For the rezoning of Lots 1, 2, and the West 55 feet of Lot 3, Block 11, Shalimar Plaza Addition from District "A" (Second Dwelling House District) to District "C" (Apartment House District) as requested in Petition Number 3487 filed by G & K, Inc.] PETITION NUMBER 3495 was filed by owners of real estate located within 200 feet of the property proposed to be rezoned, protesting the proposed change o zoning of Lots 1, 2, and the West 55 feet of Lot 3, Block 2 [sic] Shalimar Plaza Addition from District "A" (Second Dwelling House District) to District "C" (Apartment House District). Mr. George Etherington was present and went to the bench to show the City Commissioners a layout of the proposed addition to the nursing home and a letter from Asbury Hospital telling of the dire need for beds for residents. Mr. William Stokes asked what the status is of the protest petition? Mr. Olson replied that it is a valid petition, carrying 32.2°% of the eligible protest area. Mr. Stokes engaged in a dissertation about the responsibility of the City to enforce restrictive covenants of the different subdivisions. Commissioner Weisgerber explained restrictive covenants are a civil matter, rather than a matter which enters into the Planning Commission or the City Commission so far as granting a zoning request are concerned. 101 Keith Rawlings, City Planner added that generally speaking, zoning can only be enforced when it is uniformly applicable to everyone, and because restrictive covenants vary from subdivision to subdivision are not uniformly applicable and would not be in the realm of cities to enforce through their zoning authority. Mrs. A. J. (Marty) Holmquist read a prepared statement, "I want to speak against the rezoning and I am asking you not to follow the recommendations of the Planning Commission but rather to consider the needs of the residents of the Shalimar area. They made it quite plain that they were not against the nursing home, but only the rezoning. Less than a year has passed since we approached this Commission because of the rezoning of several lots on Mission Road. We were forced to seek legal counsel, and the issue is not yet resolved. If this rezoning is permitted it is certain to open the entire area to multiple family dwellings and affect the value of the existing homes. It is only my guess that at least 900 of the homes in the area are supported by both spouses working and legal counsel is a financial burden on all of us. Because your decision tonight will greatly affect the development of the Shalimar area, I emplore you to vote no to rezoning." Mr. Norman Johnson said he feels about like Mrs. Holmquist. "We have nothing particular against this except that we are just not able to go ahead and fight just everyone, we have it in courts at the present time on the other, and I bring it to a point that Mr. Etherington is the one that set these covenant in the first place and now he is the one that is asking to break them. This is the only point that I have and I am really against." Mr. Russell Caswell spoke in favor of the rezoning of the lots so the nursing home can be expanded. "There is definitely a need, and I think this should be one of your considerations. Another consideration is we do expect to employ something like 60 employees with an annual salary of $250,000. Another point I would like to make is that this is the only home owned and home operated nursing home in the City of Salina; which means the money we take in is put right back in Salina." Commissioner Usher asked how many additional rooms this will provide. Mr. Etherington replied there will be 64 additional beds. Commissioner Weisgerber said he would like to ask someone a question. "It intreagues me. I am puzzled by the fact that you say you don't oppose the nursing home expansion, but you oppose the zoning. One is necessary to have the other. There isn't any reasonable doubt but what the nursing home will be built as a result of this zoning, but if you don't really oppose the nursing home and since this is the zoning required to do that, if you really don't, then why do you oppose the zoning?" Mrs. Katherine Weis replied, "I live within 200 feet of the proposed rezoned property and we said before, we do not oppose the existing structure. It was there when we bought our homes. We were aware of that, that has not been a bother to us. We are opposed to expansion. We do not want the property rezoned for anything. The existing nursing home,,as it has been, was there when we all moved in. We were all guaranteed by the restrictive covenants that there would be none other than residential single family dwellings built on that property, and we now are having to come down here to ask you not to do that." Commissioner Weisgerber said, "Well, this isn't the quotation that was in the minutes of the Planning Commission. The minutes of the Planning Commissio said, 'we are not here to say we don't want the nursing home, what we don't want is the area opened up to District 'C', Apartment Zoning'. And another quotation was 'the nursing home is one of the best neighbors I have, it is just the princip e of the thing'. Somehow this doesn't quite all fit together in my thinking." Mr. Stokes said the people are trying to get across to you (the Commission) that if you rezone for the nursing home, then what is to preclude rezoning of other lots? 1QZ Mrs. Shirley Gawith said, "I live within 200 feet. You just got throug saying we had this problem on Mission Road. It is in the same area. And you are saying each one is different; well, if you are going to go ahead and okay that on and go ahead and okay this one, then are you going to go ahead and okay somethin else?" Commissioner Weisgerber explained, "I don't think the City is responsibl to guarantee you the covenants. It is a private, civil matter." A full discussion followed about restrictive covenants. Mrs. Ronald Kreigh, 2044 Mission Road said, "I live within 200 feet of the Mission Road rezoning we have in court right now. I live within 200 feet of the Shalimar Nursing Home. I also live within 200 feet of other property and it is expensive; and within a year, two in court is almost too much for anybody." Mrs. Dorothy Caswell, the Administrator of Shalimar Nursing Home, said she attended a seminar conducted by an architect at K -State. "He lived for six months, 4 hours a day at a nursing home to get a feeling of the environment. The recommendation that came to us through this seminar was that nursing homes should be constructed in a residential area to give an individual a feeling of being in his own home as opposed to downtown in a commercial area. I did agree whole heartedly with him. It is much the same as putting a fire station in a residentiz community designed to fit into the surroundings; and I like where Shalimar is at. The residents can go to the shopping center if they want to, it is close enough to walk. They can bank, go to the drug store, and the post office if they want to. It is a good place for 108 people to live." Acting Mayor Simpson said, "I think my primary concern perhaps, and point of confusion is in going over the minutes of the June 3rd City Planning Commission meeting, Mrs. Gawith stating that, 'we are not here to say we do not want the nursing home, but we do not want the additional facility, what we do not want is the area opened up to District 'C' because there are many empty lots out there'. I guess maybe I was reading into that statement that perhaps you were not objecting, per se, to the nursing home addition, but to the possibility of opening up the area for additional 'C' zoning. Now the comment I received this evening now leaves me to believe otherwise. Perhaps you could clarify my confusi n on that." Mrs. Gawith replied, "As I stated earlier, I don't want the facility expanded. I don't want the area rezoned for what it will bring into the communit ." Acting Mayor Simpson said, "So the attitude is changed since the Planni g Commission meeting." Commissioner Weisgerber asked her if she was talking about the rezoned lots along the Smoky Hill River? Mrs. Gawith replied, "Yes. We came down here and we pleaded against that and now they are in court over it and I don't feel that it is necessary for us to do that. I really feel that the problem lies in 1962. 1 think Mr. Etherin should have foreseen this. That he should have seen that he was going to have to someday expand the nursing home, everything expands and he should have seen this. When we bought our home in 1968 the lots next to us said that they were going to be home dwellings on there, that was our guarantee. Now why can't we just have our guarantee, why do we have to come down and fight? Why do we have to plead? just don't understand it, I mean it is our guarantee. It is just like I pay my taxes and I am going to get police protection. I pay my taxes and I am going to get fire protection. Why do I have to come down and fight for my lot next to me? What would you do if it were your lot? What if you lived in my house? How would you feel about that? Do you feel it would be necessary for you to have to come down and plead with the City? I ask the City Commissioners to sit in my place when you vote. Think about it. Think about how you would like to have your area rezoned and you bought your house and assumed this was going to be a house next to you." Commissioner Weisgerber explained, "I don't think the City is responsibl to guarantee you the covenants. It is a private, civil matter." A full discussion followed about restrictive covenants. Mrs. Ronald Kreigh, 2044 Mission Road said, "I live within 200 feet of the Mission Road rezoning we have in court right now. I live within 200 feet of the Shalimar Nursing Home. I also live within 200 feet of other property and it is expensive; and within a year, two in court is almost too much for anybody." Mrs. Dorothy Caswell, the Administrator of Shalimar Nursing Home, said she attended a seminar conducted by an architect at K -State. "He lived for six months, 4 hours a day at a nursing home to get a feeling of the environment. The recommendation that came to us through this seminar was that nursing homes should be constructed in a residential area to give an individual a feeling of being in his own home as opposed to downtown in a commercial area. I did agree whole heartedly with him. It is much the same as putting a fire station in a residentiz community designed to fit into the surroundings; and I like where Shalimar is at. The residents can go to the shopping center if they want to, it is close enough to walk. They can bank, go to the drug store, and the post office if they want to. It is a good place for 108 people to live." Acting Mayor Simpson said, "I think my primary concern perhaps, and point of confusion is in going over the minutes of the June 3rd City Planning Commission meeting, Mrs. Gawith stating that, 'we are not here to say we do not want the nursing home, but we do not want the additional facility, what we do not want is the area opened up to District 'C' because there are many empty lots out there'. I guess maybe I was reading into that statement that perhaps you were not objecting, per se, to the nursing home addition, but to the possibility of opening up the area for additional 'C' zoning. Now the comment I received this evening now leaves me to believe otherwise. Perhaps you could clarify my confusi n on that." Mrs. Gawith replied, "As I stated earlier, I don't want the facility expanded. I don't want the area rezoned for what it will bring into the communit ." Acting Mayor Simpson said, "So the attitude is changed since the Planni g Commission meeting." 1 1 103 Mrs. Gawith replied, "Not changed. Sometimes when you get up to speak you get scared and say the wrong thing and when it came out in the paper, I said I didn't say that, but I had said that so - but I got it together. I don't want it. That is what I am saying." Acting Mayor Simpson asked if anyone else would like.to comment on either of the petitions. There was no response. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to adopt the ordinance as read and the following vote was had: Ayes: Duckers, Usher, Weisgerber, Simpson (4). Nays: (0). Carried. The Mayor appro the ordinance and it is numbered 8440. The ordinance was introduced for first reading June 9, 1975. A LETTER was received from the City Planning Commission recommending the approval of the rezoning of Lots 1 - 14, Block 4, Replat of Blocks 4 and 5 and part of Block 3, Schippel Addition from District "A" (Second Dwelling House District) to District "DD" (Office District),as requested in Petition Number 3476 which was filed by Dr. Daniel C. King. Mr. Ken Wasserman, Attorney representing Dr. King, said all the problem in this area have been resolved, and they request the City Commission's favorable consideration. Mr. Harold Pierce, 1813 Lewis, said he represents the residents in the Schippel Addition, and that they endorse this petition. A motion was made by Commissioner Weisgerber, seconded by Commissioner Duckers to accept the recommendation of the City Planning Commission and approve the petition for rezoning, and to introduce the ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending the approval of the rezoning of Lots 4 - 9, Block 3, Schippel Addition and Lots 10 - 14, Block 3, Replat of Blocks 4 and 5 and part of Block 3, Schippel Addition from District "C" (Apartment House District) to District "A" (Second Dwelling House District) as requested in Petition Number 3483 which was filed by Dr. Daniel C. King. Mr. Ken Wasserman, Attorney representing Dr. King, said all the problem in this area have been resolved, and they request the City Commission's favorable consideration. Mr. Harold Pierce, 1813 Lewis, said he represents the residents in the Schippel Addition, and that they endorse this petition. A motion was made by Commissioner Duckers, seconded by Commissioner Usher to accept the recommendation of the City Planning Commission and approve the petition for rezoning, and to introduce the ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: A LETTER was received from the City Planning the approval of the final plat of Hocking Addition, as Number 3479, which was filed by Allan J. Hocking. Number: Commission recommending requested in Petition A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to accept the recommendation of the City Planning Commission and approve the final plat of Hocking Addition, and authorize the Acting Mayor to sign. Ayes: (4). Nays: (0). Motion carried. 1 .l 0 4 A LETTER was received from the City Planning Commission recommending the denial of the rezoning of Lots 1, 2, 3, and the South 10 feet of Lot 4, and all of Lots 9, 10, 119 12, 13, 14, 15, and 16, Block 19, Sunset Manor Addition from District "A" (Second Dwelling House District) to District "C" (Apartment House District) until the question of multi -family density is resolved. The rezoning was requested in Petition Number 3489, which was filed by Darrell Franci Mr. Francisco was present and approached the bench to show the City Commissioners maps of the area and plans for development. Mr. Francisco asked for favorable consideration of his rezoning petitio because the property is in accord with the land use plan adopted August 20, 1974 by the City Planning Commission. The property is not on a major street, but adjacent to a collector type street. It is between residential area to the South and commercial to the North and East. The land is not in a potential flood area, and the land is not in the airport flight pattern. The land is one block from Centennial Park, which will provide park and open spaces. The property is alread, platted and there is enough property to build 57 units. Each unit will be provided with 2 automobile parking, a patio, a yard, one general club house and a swimming pool. Commissioner Duckers asked the City Planner how the question of multi- family density can be resolved? Mr. Rawlings said it can be resolved in either of two ways. One is to amend the ordinance we are presently operating under, either by adding a zone or changing the density of the one we presently have; or to await the outcome of the new zoning ordinance. Commissioner Weisgerber said, "If what he wants to do meets with the general agreement of the Planning Commission, then there ought to be some way devised to let him do this without saying, 'well, maybe in nine months we will have this thing (new zoning ordinance) finished'." Commissioner Usher said, "This is something the community needs and if his kind of density will fit in the land use, in that amount of land, we ought to try to do something to help him out, rather than sit here and wait until you finally get that zoning law changed." A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Duckers to table the request, and instruct the City Attorney to get together with the City Planner to see if it is possible to draft an ordinance that would meet with the anticipated change that the Planning Commission has in mind, so it could be put on the books. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of an amendment to the Community Unit Plan for Block 9, Parkwood Village Addition. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to accept the recommendation of the City Planning Commission and approve the amendment to the Community Unit Plan. Ayes: (4). Nays: (0). Motion carried. None COMMISSION AGENDA PUBLIC AGENDA PETITION NUMBER 3496 was filed by residents near Sunset Park protesting the "Rock Festivals" or "music concerts" being held at Sunset Park. This sound is so unreasonably loud and clanging to constitute a public nuisance, it is annoying to us, and a breach of the public peace. We suggest Indian Rock Park, Coronado Heights, Thomas Park, or Blue Jay Park. Mrs. Elliott Belden said they object to the rock concerts starting on Sunday Morning at 10 A.M. and not stopping until 11 P.M. with the amplifiers turned up as high as they will go. She suggested maybe something could be worked out where they could have the concerts without the amplifiers, and not lasting all day long. 105 Mr. Marion Pestinger said he lives a short distance from St. John's Military School and his kids have a band and practice in the garage, and he uses ear plugs when he objects to the noise. He said the kids need some place to go to play their type of music. Mrs. Tyree said she objected to the use of the amplifiers. Mrs. Brubaker said they like the band concerts, but do not like the use of the amplifiers. Commissioner Weisgerber commented, this might be a little tougher thing to legislate than might appear on the surface. Bill Harris said as a result of that one particular performance the Cit, has contacted a local consulting firm for assistance in the very technical field of sound, and that the more we get involved in it, the more complex we see it is going to be and it might result in regulations on the uses of the parks, with each park having specific authorized and prohibited uses. We are also attempting to obtain information from other communities which might have had some experience from which we can benefit. A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to refer the petition to the City Manager's Office for study and a recommendation. Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3497 was filed by James F. Jarvis for the vacation of all existing street right-of-way along the east side of Channel Road, between Glen Avenue and the north line of Mount Barbara Addition, except for a forty foot (401) street right-of-way located along the east side of Channel Road. The City Manager reported he had asked the Engineering Department to survey the area and retain for the city any land that may be needed for future street, sidewalk or utility purposes, and then show the remaining area we would have no objections to vacating, so it could be put back on the tax rolls. A motion was made by Commissioner Duckers, seconded by Commissioner Usher to accept the recommendations of the City Engineer and approve the petition to vacate the street right-of-way not needed by the City along the East side of Channel Road, and to introduce the ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from William B. Stokes to appear at the Commissi meeting with three items for the agenda: A. Hearing on the protest petition Number 3495 in protest to Petition 3487 for the zone change from District A to District C as filed by G & K, Inc. B. The status of the$l.25 million industrial revenue bond for the expansion and remodeling of the Shalimar Plaza Nursing Home. C. We would like to have available to discuss copies of the bonds which are on file with the City by the developer for the payment of the improvements in the following additions: Country Club Estates Addition Country Club Estates Addition No. 2 Country Hills Addition No. 1 Country Hills Addition No. 2 Georgetown Addition, Salina, Kansas Mr. Stokes said the protest petition had already been considered. He asked for the status of the Industrial Revenue Bonds from the letter of intent issued to G & K, Inc. on December 17, 1974. Mr. Olson replied, "That is the status as far as the City is concerned, as of this date. We have not heard anything further." 0S Mr. Stokes asked, "Do you feel that a letter like this should continue on an open end or should have a terminal date with an understanding that when they are near the financing they should come back and update their program to you and get an extension on your letter." Commissioner Duckers said, "I think we would probably continue on an open end basis with indication be that within a reasonable length of time that they would be closed, and if in our opinion within a reasonable length of time they aren't, we will do something about it." Mr. Stokes asked, "What will be the position of the City in the future as far as trying to keep the public informed on the status of these bonds, like the letter of intent which was issued to G & K, Inc. and slipped on the City Commission meeting after an executive session by .. strike that .. the above was never put on the published agenda. It was put on the agenda after a closed meeting with G & K, representative. How can I, as a citizen, assure myself that will be informed of the status of this?" Commissioner Usher commented, "You found out about it." Mr. Stokes said, "I read about it in the paper after the letter was issued. It was not on the published agenda." Commissioner Usher said, "We can still put things on the agenda, Bill, without having.." Mr. Stokes asked, ".. what will be the policy?" Commissioner Usher said, "We might do the same thing." Mr. Stokes said, "You might to the same thing, and the public be damned, fine." Commissioner Usher replied, "You said it, I didn't." Mr. Stokes said, "It is only one and a quarter million dollars, so now then the other thing if we can kind of get on to it - does someone have copies of these bonds that are on file in these new developments?',' Don Harrison reported, "I'll run through these in the order that you have them on here. Country Club Estates, I assume you are talking about a private sewer paid for by the developer. He paid the contractor himself and it was put in to engineering specifications; Country Club Estates Number 2 there is a bond on file." Mr. Stokes said, "Well, I mean would it ask too much to stick it in the mail to me?" Mr. Harrison replied, "I would have been glad to give you one when You were in the office if you had asked for it." Mr. Stokes replied, "well, now, now, now, okay, go ahead." Mr. Harrison continued, "Country Hills Addition Number 1 was a private sewer put in by the people who own the property and paid cash. Country Hills Number 2 was paid for in cash, the job is completed. I received $67,000 from the developer for 501 of the improvements, the ordinance has been passed certifying the remaining assessment on the tax rolls, and Georgetown Addition, have a C.D. on file. The original is held by the Planters Bank." Mr. Etherington said, "Tell him how much it is." Mr. Harrison replied, 11$135,000.00." Mr. Stokes said, "Now run that last one by me again." Mr. Harrison said, "It is made out A.B. Seelye and the City of Salina.' Mr. Stokes said, ".,and the City of Salina, alright. May 30, 1975, Very good, I will check these over. Thank you. Is it okay if I come back later if I don't understand?" Bill." Commissioner Usher replied, "You can come back any time you want to, 1 1 1 107 A LETTER was received from Ralph B. Ricklefs of Wilson and Company for approval of the use of public property for aesthetic purposes by abutting propert owners for the construction of three planting boxes proposed to be located in the public walk area immediately East of the new First National Bank and Trust Company, at Fifth and Ash Streets. Mr. Ricklefs went to the bench and showed the Commissioners the proposed site plans. checked? Commissioner Weisgerber asked the City Engineer if the plans had been Mr. Boyer replied they had reviewed the plans and they have no objections. A motion was made by Commissioner Weisgerber, seconded by Commissioner Duckers to approve the request. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from Ruth Worman, Community Enrichment Chairwoman to appear at the Commission meeting for the purpose of making a proposal that the City Commission adopt a commercial building maintenance code. Mrs. Worman was present and asked that a commercial building maintenan code be adopted by the City, and that this code be drafted by the City Attorney in consultation with a representative of this Community Enrichment Committee. Mr. Frank Norton was also present, and said they want the ordinance to be drafted with reasonable standards to apply to reasonable structures in terms of the aesthetic features of the community... "For this reason a good deal of thought and study and a good deal of discourse with appropriate city officials, as well as the legal authority for the City, Mr. Bengtson, should take place in order for us to draft something that would be reasonable and sensible to do the kind of thing discussed." A motion was made by Commissioner Duckers, seconded by Commissioner Weisgerber to refer the request to the City Engineer and the City Attorney. Ayes: (4). Nays: (0). Motion carried. A MOTION was made by Commissioner Usher, seconded by Commissioner Duckers that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (4). Nays: (0). Motion carried. D. L. Harrison, City Clerk