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01-19-1976 Minutes1 1 245 City of Salina, Kansas Regular Meeting of the Board of Commissioners January 19, 1976 The Regular Meeting of the Board of Commissioners met in the Commiss Room, City -County Building, on Monday, January 19, 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 Robert C. Caldwell, Chairman presiding Commissioner Keith G. Duckers Commissioner Gerald F. Simpson Commissioner W. M. Usher Commissioner Jack Weisgerber comprising a quorum of the Board, also: L. 0. Bengtson, Norris D. Olson, D. L. Harrison, Absent: None City Attorney City Manager City Clerk The Minutes of the Regular Meeting of January 12, 1976, were approved as printed. THE MAYOR PROCLAIMED the Week of February 1 through 7, 1976 - "CHILDREN' DENTAL HEALTH WEEK IN SALINA". The proclamation was read by Mayor Caldwell for Dr. Vernon Osborn. STAFF AGENDA AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE authorizing and directing the City of Salina, Kansas, to acquire a tract of land in Saline County, Kansas, for industrial development purposes; authorizing the payment of the cost of constructing and equipping a 100 -bed nursing home facility thereon; authorizing and directing the issuance of $960,000.00 principal amount of industrial revenue bonds of said city for the purpose of acquiring said land and to pay the cost of constructing and equipping such facility; prescribing the form and details of said industrial revenue bonds; providing for the collection, segregation and application of the revenues of such facility for the purposes authorized by law; pledging said facility and the net revenues from said facility to secure such bonds; providing for a trustee and paying agent and prescribing the powers and duties of such trustee and paying agent; permitting the issuance of parity bonds under certain conditions; prescribing the form and authorizing the execution of a guaranty agreement and a lease and agreement by and between said City as landlord, Salina Nursing Center, Inc., a Kansas Corporation, as tenant, and L. E. Stoltz, C. L. Ledoux, W. S. Bradley, and Joe W. Carmichael, individuals, as partial and limited guarantors." A motion was made by Commissioner Weisgerber, seconded by Commissioner Duckers to adopt the Ordinance as read and the following vote was had: Ayes: Duckers, Simpson, Weisgerber, Caldwell (4). Nays: (0). Commissioner Usher abstained. Carried. The Mayor approved the Ordinance and it is numbered 8467. The ordinance was introduced for first reading January 12, 1976. THE CITY ENGINEER reported on Petition Number 3516, which was filed by Mrs. Ralph Fink to protest the installation of water and sewer lines on Woodland Avenue; that "The valid signatures on this petition have ownership of 73% of the property within the benefit district. There are 12 of 26 property owners or 460 of the owners with valid signatures on this petition. 246 "For this petition to be valid, it must have over 50% of the property and over 500 of the resident owners represented on the petition. This petition fails to meet the requirements and is not a valid protest. "It is my recommendation that the City proceed with the installation of a water line on Woodland Avenue, East of Ohio Street." A motion was made by Commissioner Weisgerber, seconded by Commissioner Simpson to accept the recommendation of the City Engineer. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Duckers, seconded by Commissioner Usher to introduce an ordinance for first reading providing the insurance requirements for Electrical Contractors doing business within the City of Salina, amending Section 9-134 and repealing the existing section. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A MOTION was made by Commissioner Usher, seconded by Commissioner Duckers to introduce an ordinance for first reading providing for the bond and insurance to be furnished by an applicant for a Sign Erector or Installer license, amending Section 9-69 of the Salina Code and repealing the existing section. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A MOTION was made by Commissioner Duckers, seconded by Commissioner Weisgerber to introduce an ordinance for first reading making it unlawful to engage in the business of installation of elevators within the City of Salina without first obtaining an Elevator Contractor's License; prescribing the annual fee and minimum amounts of liability insurance; amending Section 9-387 of the Salina Code and repealing the existing section. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A MOTION was made by Commissioner Simpson, seconded by Commissioner Usher prescribing the liability insurance to be furnished by any person engaged in the business or trade of plumbing in the City; amending Section 9-225 of the Salina Code and repealing the existing section. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: Mr. Bengtson explained the purpose of these four ordinances is to increase the insurance requirements of the various contractors to $300,000 for bodily injury and $100,000 for property damage, as recommended by the Building Code Advisory Board. by: PUBLIC AGENDA TREE TRIMMING AND TREATING LICENSE APPLICATIONS FOR 1976 were filed a. Dennis M. Brake, d/b/a Dennis M. Brake Tree Service, 511 North 13th Street Trim b. Paul and Fred Handlin, d/b/a Handlin and Son Tree Service, 831 North Santa Fe Avenue Trim and Treat The City Clerk reported the applicants have paid the required fee and have the required surety bond and certificate of public liability insurance on file. A motion was made by Commissioner Usher, seconded by Commissioner Simpson to approve the license applications and authorize the City Clerk to issue the licenses. Ayes: (5). Nays: (0). Motion carried. 247 COMMISSION AGENDA "Discuss our current position on the proposed zoning ordinance." (Sponsored by Commissioner Weisgerber) Commissioner Weisgerber said, "I wish I could sit up here and say it was nice to look out at your friendly, smiling faces; but as the words in the song go 'it ain't necessarily so'. You know, for years the old zoning law that we had and that the Commission worked with was reviled and cursed and a good many things said about it that would have been unprintable; so a week ago Friday it was a little bit of a shock to hear from the Chamber Committee that this was the thing that had made Salina's past sensational growth and made her the fine city that she is today. It is a little hard in a way to add 2 + 2 and get 4 out of that particular situation; but let me assure you that when we went to that meeting Friday, the Commission went with an open mind, willing to listen and try to cooperate in every way we could with that Chamber Committee. The Committee in taking perhaps a little bit of an obstinate, bullheaded attitude and taking the position to scrap the law all together was neither fair nor helpful and we could have used some constructive help. Having said that, and not in a vindictive manner, it just sort of relieves some personal feelings. Let's see where we might go from here. Now these are personal suggestions and do not necessarily represent the feelings of the other Commissione s. I am not making this in the form of a motion at the moment because I want it open for discussion; but let's be practical. In good judgement it doesn't seem to be to be sensible to force through this ordinance against such strong and solid opposition. The law says that if we do not approve the zoning committee's recommendation we must return it to them for their further considerate n with our reasons for so doing. The reasons would be that because of the opposition can they, the zoning committee, find an alternative way of doing, that would leave the citizens of Salina with a good workable law, and at the same time settle some of the philosophical differences with the business community? I am not a planning technician so the suggestions I make are general and be subject to their being able to be put in a workable form. On the matter of philosophy the horizontal versus the vertical, would it be possible to put commercial and industrial into some kind of vertical pattern; but housing into another vertical pattern but outside of the commercial and industrial uses? On specifics we need some things which do not lend themselves to the vertical pattern, examples are planned unit development, mobile home parks, highway use, flood control planning and others. Flood Plain control was specifically mentioned by the Chamber Committee and since it is of interest to so many groups, including the League of Women Voters who have an interest in this ordinance, it would seem to me the practical thing to do is to meet State and Federal law so that our citizens may have flood control insurance but to not be unduly restrictive beyond this for State and Federal laws are perhaps restrictive enough. My last comment, an advantage to the proposed new ordinance over the old so far as many Salina businessmen are concerned lay in the zoning structure for office buildings. Under the old ordinance they were in a zone classification with so many other types of use, and many applications were turned down. If the proposed new ordinance is radically written or the old ordinance revised, I hope this unpleasant situation can be corrected. To sum up, we should ask the Planning Commission to restudy the proposed new zoning ordinance, with the cooperation of the City Commission if they want it. In the mean time we should lift the moratorium on zoning applications. There is much more than can be said, and many more ideas and details but I think this is enough for me and see what the other Commissioners have to contribute or whether they feel this is the proper way to go." Mayor Caldwell asked for any other comments. Commissioner Usher said, "Well, I think Jack you have done a good job in summarizing what we have been through and what possibly could be done, and I agree it looks like we have got a polarization on philosophy. I was hopeful too that the Chamber would have been a little more political at trying to arrive at some kind of a compromise. I think what we are faced with now is probably taking the old ordinance and doing some reworking to it, hopefully. I am concerned that the Planning Commission, having been through two or three 24� years of hard work on this thing, can look at it from the point of view that we can sit down maybe and rework the old ordinance some way, keeping in mind that we have got some things we have to include, Flood Plain, Planned Unit Development and so forth. There are, of course, other areas too that we need to consider. It is just really kind of too bad that the three years of that work is going to go down the drain to a certain degree, plus the expense of it all." Commissioner Duckers said, "I agree, Bill, that it is too bad to have this, as you say, perhaps go down the drain; I don't think that it will in toto go down the drain. I think they have learned a lot and I think we have learned a lot. I have to go back to my own personal basic philosophy as far as government is concerned and I think government is supposed to be for the people, and there has been overwhelming opposition to this. I have heard but one voice speak out in favor of it, and I think we must do what the citizens of Salina want, and apparently they don't want the new ordinance, and I would concur with Jack that this should be referred back to Planning and with the hope in mind that they will work from the old ordinance and certainly not try to rebuild the new which it appears to be unacceptable to the vast majority of the citizens of Salina." Commissioner Weisgerber commented, "I don't think vertical zoning was that bad really. This was an attempt to solve some of the problems that were within it. I am thinking particularly about this office building, and this applies also to some dental clinics, doctor's offices, things of that sort; so maybe we need to add a lot more zones within that pyramid than we had before so that some of these things that might be acceptable in some areas, but there are different ways of doing this, but again, I think we can leave this to the people who have the technical know-how who started this whole thing originally, not really to come up with horizontal planning at all, but to correct the trouble that existed in the old law; so that the problem that they had and that they were aware of I don't know if we are going to take this new law and go back or the old law and go forward, but come out at a point either way so that the old problems can be solved and some of these new things put in without still without a change in this philosophy of zoning." Commissioner Simpson said, "I think I would concur by -in -large with those thoughts. I guess I wasn't really convinced, or am not convinced at this point in time, of all the inherent evils of pyramid or vertical zoning; but particularly in the -City of Salina; but I don't believe I could accept the proposed ordinance in its entirety, nor would I reject it in its entirety. I think some of the items that Jack and Bill mentioned, Mobile Home ordinance, Flood Plain Zoning, possibly Planned Unit Development, possibly a look at the sign ordinance are necessary and I would hope that Planning Commission wouldn't be completely discouraged by this response and we are not, I don't think, rejecting their work in its entirety. I hope they wouldn't feel that way." Commissioner Duckers said, "With the thought in mind that this will be returned back to the Planning Commission, I would hope that the Chamber of Commerce, League of Women Voters, other interest groups would be willing to attend if they go back to the drawing board to redraft or to rework the old ordinance and offer some of your input as they go along, because this is tedious work and this group of people have worked very hard on it for three years and only to be confronted at a late hour with the fact that there was total opposition to it. I don't know who's fault, or if it is anyone's fault, that this has happened, so I would hope that it wouldn't occur again, and it would receive some input from those interest groups along the way." Mayor Caldwell said, "My only comment would be that at one of the recent Chamber of Commerce breakfasts, the ordinance was being worked on and I called it to their attention that they had been working on this from three to five years and during that time I don't recall whether too many of the Chamber people were present to object or go along with the proposal; so I am hoping that the next time, if it is reworked and we haven't said it is going to be, we haven't voted on it, that the Chamber might be around to present some of their proposals while they are working on it; because sometimes people get provoked with what they are doing and it is kind of hard to get some people on planning boards and commissions. Are there any comments from the floor? Are there any comments from the audience?" 249 Commissioner Weisgerber commented, "I think that, let us say, Planning Commission has already had a lot of input, and they are going to get a lot more from the meeting that we had Friday and from the meeting that we had today, how they can best work it out to do the best job I don't quite know, I think that is somewhat up to them. They are charged with the responsibility of doing this and I am sure that at this stage of the game they see pretty well what the feelings of the community are and we'll hope that they will accept this and come up with an ordinance that will be acceptable. It will never please everyone, there is no way of doing that of course, but one that is a good ordinance for the citizens of Salina, and one which the businesses feel that they can operate satisfactorily, and I think we can get this done." A motion was made by Commissioner Weisgerber, seconded by Commissioner Duckers, to refer the proposed Zoning Regulations back to the Planning Commission for the reasons already discussed, and to lift the moratorium on zoning applications. Ayes: (5). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: "A RESOLUTION repealing Resolution Number 3256 which pertains to a moritorium on rezoning applications until January 31, 1976." A motion was made by Commissioner Weisgerber, seconded by Commissioner Duckers to adopt the Resolution as read and the following vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3258. The following itens were brought to the floor for discussion by the Commissioners: Mayor Caldwell announced that there will be 2 public hearings on the Community Development Application. The first, January 19, 1976 at 7:30 and the second January 20, 1976 at 7:30 at the Community Theatre Building. A motion was made by Commissioner Weisgerber, seconded by Commissioner Duckers to add appointments to the various boards and commissions to the agenda for consideration. Ayes: (5). Nays: (0). Motion carried. THE MAYOR, with the approval of the Board of Commissioners, made the following appointments Cultural Arts Commission Robert Duffield appointed to succeed Harlan Rimmerman for a 3 year term to January 16, 1979 Walter Eitel appointed to succeed Mrs. Whitley Austin for a 3 year term to January 16, 1979 Mr. Nathan Butcher said, "Mr. Mayor, and members of the Commission, on behalf of the Chamber we are deeply appreciative of your suggestions to reconsider and restudy. We feel that we can be helpful in reaching an under- standing. We will certainly furnish the Commission and its advisors any information that they will receive. We may furnish them with some they may not like to receive; but in any event we will cooperate and assist them if we can and I would like to thank you very much for suggesting that this be referred for further study." Mrs. Glorine Shelton said, "I am here representing the League of Women Voters, I had a lot of nice little things written down here, but nothing is apropos at this time; but I, too, would like to express the appreciation that perhaps this ordinance will be reconsidered and reworked by the Planning Commission and I would really like to emphasize the importance of having citizen input into the ordinance. I believe, in a letter that we sent to you, this was one thing that we particularly pointed out that it is important that citizens do have a part in the ordinance and it must be acceptable by all areas of the community and I assure you that if there is any way that the league can have any input this, we would certainly be willing to cooperate. Thank you." Commissioner Weisgerber commented, "I think that, let us say, Planning Commission has already had a lot of input, and they are going to get a lot more from the meeting that we had Friday and from the meeting that we had today, how they can best work it out to do the best job I don't quite know, I think that is somewhat up to them. They are charged with the responsibility of doing this and I am sure that at this stage of the game they see pretty well what the feelings of the community are and we'll hope that they will accept this and come up with an ordinance that will be acceptable. It will never please everyone, there is no way of doing that of course, but one that is a good ordinance for the citizens of Salina, and one which the businesses feel that they can operate satisfactorily, and I think we can get this done." A motion was made by Commissioner Weisgerber, seconded by Commissioner Duckers, to refer the proposed Zoning Regulations back to the Planning Commission for the reasons already discussed, and to lift the moratorium on zoning applications. Ayes: (5). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: "A RESOLUTION repealing Resolution Number 3256 which pertains to a moritorium on rezoning applications until January 31, 1976." A motion was made by Commissioner Weisgerber, seconded by Commissioner Duckers to adopt the Resolution as read and the following vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3258. The following itens were brought to the floor for discussion by the Commissioners: Mayor Caldwell announced that there will be 2 public hearings on the Community Development Application. The first, January 19, 1976 at 7:30 and the second January 20, 1976 at 7:30 at the Community Theatre Building. A motion was made by Commissioner Weisgerber, seconded by Commissioner Duckers to add appointments to the various boards and commissions to the agenda for consideration. Ayes: (5). Nays: (0). Motion carried. THE MAYOR, with the approval of the Board of Commissioners, made the following appointments Cultural Arts Commission Robert Duffield appointed to succeed Harlan Rimmerman for a 3 year term to January 16, 1979 Walter Eitel appointed to succeed Mrs. Whitley Austin for a 3 year term to January 16, 1979 250 John Munson appointed to succeed Mrs. Cecil Beverly for a 3 year term to January 16, 1979 Sister Marilyn Stahl appointed to succeed John N. Gillam, Jr. for a 3 year term to January 16, 1979 Mrs. James T. Graves reappointed for a 3 year term to January 16, 1979 Trustees of the Municipal Band Robert J. Cooper reappointed for a 3 year term to January 1, 1979 Mobile Home Craftsman Board of Examiners Don Mergen, Gas and Plumbing Inspector, reappointed for a 1 year term to January 19, 1977 Orville Darrow, Electrical Inspector, reappointed for a 1 year term to January 19, 1977 Jim Chase, Licensed Mobile Home Craftsman, reappointed for a 1 year term to January 19, 1977 Salina -Saline County Emergency Preparedness Board Commissioner Jack Weisgerber reappointed for a 1 year term to January 20, 1977 Salina Citizens' Advisory Committee Area B - Grace Young, appointed to fill the unexpired term of William JBachofer to November 25, 1976 James Geisendorf, reappointed to fill his unexpired term to November 25, 1978 Area F - Mary Jarvis appointed to fill the unexpired term of John Hedeen to November 25, 1978 Area G - Dr. I. E. Nickell, appointed to fill the unexpired term of Ralph Reitz to November 25, 1978 Area H - Jerry Dean Nelson, appointed to fill the unexpired term of Mile Losik, III to November 25, 1977 Area J - Robert Tombaugh, appointed to fill the unexpired term of Jay Payne to November 25, 1976 Area K - Dave Forristal, (moved from Area H) appointed to fill the unexpired term of Robert Garrione to November 25, 1977 Commissioner Duckers commented, "Mr. Mayor, for the benefit of the Chamber of Commerce and the members of the media that are here, I think we should once again state the importance that we feel of the Citizens' Advisory Committee and the input that they give to the Commission. You heard the Mayor announce about the two public hearings that are coming up tonight and tomorrow night. This is a 65 member board and so there are constant vacancies, and these vacancies must be filled from the 13 areas in Salina, geographically, and they must be filled with volunteers, and we worked on this for a while in the 'back room' just before we came out here and it is unfortunate in some areas we don't even have one volunteer, and so I just say that again as it has been said before that all those of us interested in Salina should work toward getting good volunteers to be willing to serve on the Citizens' Advisory Commission and do the important work they are charged to do." 2Z5i Mr. Bengtson said he has a matter to take up with the City Commissioners in executive session, pertaining land acquisition for a public improvement project. A motion was made by Commissioner Duckers, seconded by Commissioner Simpson to recess for an executive session. Ayes: (5). Nays: (0). Motion carried. The Commissioners recessed at 4:29 p.m. and reconvened at 5:00 p.m. at which time the Mayor announced they discussed land acquisition for a public improvement project. A motion was made by Commissioner Duckers, seconded by Commissioner Simpson that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. r D. L. Harrison, City Clerk 1 1