01-19-1976 Minutes1
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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.
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"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.
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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
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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
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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?"
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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
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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."
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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.
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D. L. Harrison, City Clerk
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