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.
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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?
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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."
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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.
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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.
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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,
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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