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04-12-1976 Minutes2 -.r= 2 c. Water systems Sanitary sewer systems Storm sewer system Paving and grading of Fairdale Road from Crawford Avenue to Country Hills Road" A motion was made by Commissioner Usher, seconded by Commissioner Simpson to adopt the Ordinance as read and the following vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the Ordinance and it is numbered 8481. The ordinance was introduced for first reading April 5, 1976. A MOTION was made by Commissioner Duckers, seconded by Commissioner Usher to introduce an ordinance for first reading entitled: "AN ORDINANCE providing for the control and location of mobile homes; establishing requirements for the design, construction, alteration, expansion of new or existing mobile home parks; the licensing of new or existing mobile home parks; providing for the enforcement of and prescribing penalties for violations of any provisions hereof; and repealing said original Chapter 21 of the Salina Code" Mr. A. M. Mosier, 1200 West Crawford, was present and protested the adoption of this ordinance. He said, "I object to this mobile home ordinance that they propose to pass at this time on first reading. Do you want my objection at this time?" The Commissioners replied they did. Mr. Mosier said, "I have been in business here for 20 years in Salina, Kansas, in the mobile home business. I have two pieces of property at the existing time. One at 1200 West Crawford, one at 721 West Cloud. I have obligations on these properties. Here a few months ago they put one of them into a non -conforming zone, or they proposed this, and the plumbing inspector told me about last November that when they pass this new mobile home ordinance that they were going to put me out of business. I am just a businessman, and I have been here and I have gone through from the time the base closed and everything else. I have been fortunate and I have been unfortunate; but when they can come up and tell me they are going to put me out of business, I think there is something wrong with the ordinance. I don't understand completely the ordinance, but I don't know anything about it. I just heard on the radio this morning this was coming up for the first reading and I want to object to it. " Commissioner Simpson asked, "Any area specifically, or the entire ordinance, or what?" Mr. Mosier replied, "I don't know. I don't even know what is in the ordinance. I never had no idea what they were coming up with on this ordinance until today. If they are going to put me out of business, I would like to know why they can pass ordinances like this to put a man out of business that has been here in Salina for 20 years. I am not the biggest business in the world but I am not the littlest one either." Commissioner Usher asked, "Do you have that man's name, Mr. Mosier?" Mr. Mosier replied he does have his name. Commissioner Duckers asked, "Did he say I am going to put you out of business period, or did he say if you do..." Mr. Mosier replied, "I am going to put you out of business when this new mobile home ordinance comes into effect." Commissioner Duckers asked, "He didn't qualify it in any way, if you do not do certain things?" Mr. Mosier replied, "No, he didn't qualify that. No." Commissioner Weisgerber said, "Well it seems to me what we ought to do is go ahead and put this on first reading. You understand it takes a second reading and then a publication before this becomes an ordinance. That would give you time enough this week to check the ordinance and see just how, what it does say, because at this time you are not familiar with it yourself. I do think it is easy for an inspector or someone perhaps to make an offhand comment that might not necessarily be accurate. That gives time enough during the week to check this both ways, from our side and also from yours." Mr. Mosier commented, "Alright, that is fine, I just wanted to get my objection in here at this time." Commissioner Simpson asked, "What specific areas are covered in here that were not covered in the old ordinance, or what does it expand on?" Mr. Mosier said, "Well, I want to explain one thing in this new ordinance. One little point that I don't think anybody is looking at. This mobile home park that I have at 1200 West Crawford, has approximately 70 spaces in it. Alright these home come up within, probably, my road is probably a 30 foot road and these homes probably come within 5 feet of the road. They pull their cars off and park beside the mobile home. In this new ordinance, it says that the closest point a mobile home has to be, I believe that the minimum is 25 feet from the middle of the street." Commissioner Simpson asked if he is referring to a city street? Commissioner Weisgerber asked Mr. Rawlings to comment on Mr. Mosier's last statement. Mr. Rawlings said, "I believe what Mr. Mosier is referring to, about the reference to the streets, is in the proposed zoning ordinance, where it deals with new mobile home parks. And I was just thumbing through here while he was talking trying to find where me might be referring to in the proposed ordinance, and the only reference to it, now it does deal with existing mobile home parks to some extent but where it does deal with those it does not say anything about parking certain setbacks from the streets." Commissioner Weisgerber asked, "That deals only with the new parks?" Mr. Rawlings replied, "The setbacks in the zoning ordinance in the mobile home park district of the proposed zoning ordinance, yes, deals with new parks. There are site plans that must be approved before a mobile home park zone is approved at that time. This particular ordinance does have sections in it dealing with existing parks, but it said nothing, none that I could find I couldn't recall and I can't find that it does, anything dealing with setbacks in existing parks. To the street, there are some sections dealing with side lines, at least 5 feet from the sideline of the site it is on and this type of thing, but nothing that he is referring to." Mr. Mosier said, "It is impossible that the mobile home parks in this town can confer (comply) with this. I used to be a partner in the Golden Spur out here on Beverly Drive. This makes that park obsolete, it makes 90% of your parks obsolete in this town, and yet this is in this new ordinance to pass, and all the inspector has to do is when we get a mobile home in one of these locations is say this is closer than whatever the allowed limits are and you cannot park that in there. And this is what their intentions are. This is the way they will put us out of business. They won't come out and shut us down, they just won't allow us to replace any mobile home into an existing park. If you read this over and this is exactly what that meant and it says private or public, which, when it is a city street, my streets are all private property. My streets are my own streets." Commissioner Weisgerber asked Mr. Rawlings to comment on Mr. Mosier's last statement. Mr. Rawlings said, "I believe what Mr. Mosier is referring to, about the reference to the streets, is in the proposed zoning ordinance, where it deals with new mobile home parks. And I was just thumbing through here while he was talking trying to find where me might be referring to in the proposed ordinance, and the only reference to it, now it does deal with existing mobile home parks to some extent but where it does deal with those it does not say anything about parking certain setbacks from the streets." Commissioner Weisgerber asked, "That deals only with the new parks?" Mr. Rawlings replied, "The setbacks in the zoning ordinance in the mobile home park district of the proposed zoning ordinance, yes, deals with new parks. There are site plans that must be approved before a mobile home park zone is approved at that time. This particular ordinance does have sections in it dealing with existing parks, but it said nothing, none that I could find I couldn't recall and I can't find that it does, anything dealing with setbacks in existing parks. To the street, there are some sections dealing with side lines, at least 5 feet from the sideline of the site it is on and this type of thing, but nothing that he is referring to." Mr. Mosier said, "I will proceed with this until next, go ahead and go along with it, I mean I am not arguing the point, all I want to do is to clear to where I can continue to operate without this problem later on down the line. This is my point." Commissioner Duckers explained, "Placing it on first reading will not jeopardize your chance to talk with staff about the ordinance." Mr. Mosier said, "No sir, I don't think so, I mean I am not objecting to the mobile home ordinance I am just objecting to an ordinance that we can't operate under. This is what I am. We have had quite a hassle and I think everybody down here has realized this, in fact everybody is so scared to come down here they don't want to express their opinion because then you get after results of it, and this is my honest belief, and it has happened to me, and I am tired of seeing this happen. And if it continues to happen I am selling out, if I can't get something done on this here, I am selling out. I am tired of this hassle down here. I think everybody understands this." Mayor Caldwell called for a vote on the motion to introduce the ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A MOTION was made by Commissioner Usher, seconded by Commissioner Weisgerber to introduce an ordinance for first reading entitled: "AN ORDINANCE providing for the license fee for auction rooms or consignment auctions held within the City of Salina; amending Section 20-39 of the Salina Code and repealing the existing section." Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: THE CITY ENGINEER filed a feasibility report for water and sanitary sewer improvements in Sullivan Addition; which were requested in Petition Number 3536 filed by Jim Sullivan. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to approve the feasibility report as filed by the City Engineer. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER filed a feasibility report for curbing, guttering, paving, grading of Scott Avenue, water main and services and sanitary sewer improvements, which were requested in Petition Number 3538 filed by Monty Montee. A motion was made by Commissioner Duckers, seconded by Commissioner Usher to approve the feasibility report as filed by the City Engineer. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the denial of Petition Number 3522, which was filed by Mr. Vernon Peatling, for the rezoning of Lots 7, 8, 9, 10, Block 17, Pacific Addition from District "B" (Two -Family Dwelling House District) to District "D" (Local Business District) Mr. Peatling was present and asked the City Commission to return the rezoning request to the City Planning Commission so he can give them additional information. Commissioner Usher commented he has had a fair hearing, and the City Commission needs some specific information in order to return it to the City Planning Commission for reconsideration. A motion was made by Commissioner Simpson, seconded by Commissioner Usher to accept the recommendation of the City Planning Commission and deny the request for rezoning. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of Petition Numbet 3526, which was filed by Kenneth Wasserman, for the rezoning of a tract of land in the North !� of the Southwest Quarter of Section 14, Township 14 South, Range 3 West from Districts "D" (Local Business District) and "A" (Second Dwelling House District) to Districts "D" (Local Business District) and "F" (Light Industrial District), subject to platting of the property. (The petitioner requested rezoning to "E" (General Business District) and "F" (Light Industrial District.) Mr. Wasserman, representing the owner of the property, said they have worked with the Planning Department, and it has been worked out to everyone' satisfaction, so they have no objection to the recommendation. 296 Mr. Mosier said, "I will proceed with this until next, go ahead and go along with it, I mean I am not arguing the point, all I want to do is to clear to where I can continue to operate without this problem later on down the line. This is my point." Commissioner Duckers explained, "Placing it on first reading will not jeopardize your chance to talk with staff about the ordinance." Mr. Mosier said, "No sir, I don't think so, I mean I am not objecting to the mobile home ordinance I am just objecting to an ordinance that we can't operate under. This is what I am. We have had quite a hassle and I think everybody down here has realized this, in fact everybody is so scared to come down here they don't want to express their opinion because then you get after results of it, and this is my honest belief, and it has happened to me, and I am tired of seeing this happen. And if it continues to happen I am selling out, if I can't get something done on this here, I am selling out. I am tired of this hassle down here. I think everybody understands this." Mayor Caldwell called for a vote on the motion to introduce the ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A MOTION was made by Commissioner Usher, seconded by Commissioner Weisgerber to introduce an ordinance for first reading entitled: "AN ORDINANCE providing for the license fee for auction rooms or consignment auctions held within the City of Salina; amending Section 20-39 of the Salina Code and repealing the existing section." Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: THE CITY ENGINEER filed a feasibility report for water and sanitary sewer improvements in Sullivan Addition; which were requested in Petition Number 3536 filed by Jim Sullivan. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to approve the feasibility report as filed by the City Engineer. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the denial of Petition Number 3522, which was filed by Mr. Vernon Peatling, for the rezoning of Lots 7, 8, 9, 10, Block 17, Pacific Addition from District "B" (Two -Family Dwelling House District) to District "D" (Local Business District). Mr. Peatling was present and asked the City Commission to return the rezoning request to the City Planning Commission so he can give them additional information. Commissioner Usher commented he has had a fair hearing, and the City Commission needs some specific information in order to return it to the City Planning Commission for reconsideration. A motion was made by Commissioner Simpson, seconded by Commissioner Usher to accept the recommendation of the City Planning Commission and deny the request for rezoning. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of Petition Numbet 3526, which was filed by Kenneth Wasserman, for the rezoning of a tract of land in the North 15 of the Southwest Quarter of Section 14, Township 14 South, Range 3 West from Districts "D" (Local Business District) and "A" (Second Dwelling House District) to Districts "D" (Local Business District) and "F" (Light Industrial District), subject to platting of the property. (The petitioner requested rezoning to "E" (General Business District) and "F" (Light Industrial District.) Mr. Wasserman, representing the owner of the property, said they have worked with the Planning Department, and it has been worked out to everyone' satisfaction, so they have no objection to the recommendation. 2 �4' u A motion was made by Commissioner Weisgerber, seconded by Commissioner Duckers to accept the recommendation of the City Planning Commission and approve the petition, subject to the property being platted, and to introduce the rezoning ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending the approval of the rezoning of Lots 1 through 5, Block 30, to District "B" (Two -Family Dwelling House District); Lots 6 through 9 and 12 through 17, Block 30, to District "C" (Apartment House District); Lots 1 through 3, Block 33, to District "C" (Apartment House District); Lots 4 through 15, Block 33, to District "B" (Second Dwelling House District); all in Key Acres Second Addition; subject to platting in order to provide for a frontage road along the east side of South Ninth Street. (The petitioner requested the rezoning of 58 lots in Blocks 30, 31, 32, 33, 34 to Districts "B" (Second Dwelling House District), "C" (Apartment House District) and "D" (Local Business District) in Petition Number 3527.) Mr. Ken Wasserman, representing Clinton Krehbiel, a property owner in the area, objected, or asked for a clarification of the recommendation. He said this recommendation was either connected with or contingent upon some replatting and some additional steps to be taken by Mr. Yockers, and if that replatting or additional planning is going to contain a frontage road as was discussed at the last meeting, they would object to the frontage road. I don't know that we would particularly object to the replatting as such, but it is my understanding that this is somehow conditioned on some further study and some further consideration of what this development would do to that area." Mr. Rawlings explained it was the intention of the Planning Commission that if this rezoning is granted that an additional outlet be provided for that large a number of dwelling units to be constructed in the area. Mr. Jim Hale, 400 Neal, said the Planning Commission confused everyone by their motion to send it back to the City Commission. They could not determine at the Planning Commission meeting what is going on, and he asked for some clarification. Mr. Rawlings reviewed the case for the commissioners and the people present interested in the rezoning. Mr. Hale said, "We are not particularly against the businesses along 81 (South Ninth Street) as we were against the apartment houses and duplexes, as it was first originally given to us strictly because the school in our area, Coronado, as you probably know has just been added onto, and that addition was cut down to what it was supposed to have been, so there is still a very much overcrowded situation there, plus we didn't want the flow of people down Neal Street which the traffic is awfully heavy there, and we didn't want the kids going down Neal going to school, out of these duplexes and apartment houses, for fear that somebody would get hurt. We just didn't want the flow of this many kids from that area coming across our yards either, but mainly our objection was because of the overcrowding of Coronado School as it is now. We talked with Mr. Yockers off the record, outside, after the meeting, and discussed with him at that time that we probably wouldn't be too opposed to certain types of duplexes in the area, but as far as something that is going to bring a lot of traffic and a lot of kids, this is the part that the whole group of us out there object to." Shirley Palmer, 214 East Neal, said, "Originally when the petition came, we filed sort of an informal petition in our neighborhood, with 85 signatures, against any type of rezoning. I feel like business would be all right, but not the apartments or duplexes in that type of neighborhood. We are going to have a nice type of neighborhood in another year or so. We are building more new houses out there, and I do not feel like that was to be its purpose when we bought a lot out there, for us to live next door or two blocks even from a duplex or apartment. Thank you." 1 2 %9P Mr. Yockers, was present and said, "It was my understanding that what the Planning Commission recommended was that the zoning be approved subject to the replatting of this one area, which if the commission goes ahead and approves it, then it would have to go back to the Planning Commission with the replat to be approved there and it is my understanding that the City would really like to have this frontage road and I would like to see the frontage road go in also to carry the traffic as it gets busier out there. As far as traffic going down Neal, when these other streets are cut in Neal won't have near the traffic that it does right now, and as far as school children, I get so sick of hearing about eliminating school children. By not building buildings is not going to eliminate the children. They need to figure out the other causes and try to eliminate them." Mr. Rawlings showed the City Commissioners a map of the area. Mr. Hale, Mr. Wasserman, Mr. Olson also approached the bench to view the maps. After a lengthy discussion at the bench, a motion was made by Commissioner Weisgerber, seconded by Commissioner Duckers to accept the recommendation of the City Planning Commission and approve the rezoning recommended by the City Planning Commission, subject to replatting, and introduce the rezoning ordinance for first reading. Ayes: (4). Nays: (0). Commissioner Simpson abstained. Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending the approval of Petition Number 3533, which was filed by the YMCA, for the rezoning of a tract of land in the South � of Section 13, Township 14 South, Range 3 West of the 6th Principal Meridian, from District "A" (Second Dwelling House District) to District "C" (Apartment House District), subject to platting. A motion was made by Commissioner Usher, seconded by Commissioner Simpson to accept the recommendation of the City Planning Commission and approve the rezoning of the property, subject to platting, and to introduce the rezoning ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending the denial of Petition Number 3535, which was filed by Tasker, Inc., for the rezoning of the South 3711 feet of Lot 22, and all of Lot 23, Block 1, Santa Fe Park Addition, from District "B" (Two -Family Dwelling House District) to District "DD" (Office District). A motion was made by Commissioner Usher, seconded by Commissioner Duckers to accept the recommendation of the City Planning Commission and deny the petition for rezoning. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of Petition Number 3540, which was filed by A. B. Seelye Company, Inc., for the annexation of the proposed Dow Addition to the City of Salina. (A tract of land in the North li of the Southwest =a of Section 19, Township 14 South, Range 2 West of the 6th Principal Meridian. A motion was made by Commissioner Duckers, seconded by Commissioner Weisgerber to accept the recommendation of the City Planning Commission and approve the petition for annexation, and to introduce the annexation ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the City Planning Commission recommending the approval of the rezoning of the proposed Lots 1 through 17, Block 2; and Lots 1 through 4, Block 5; from District "A" (Second Dwelling House District) to District "B" (Two -Family Dwelling House District), and Lots 1 through 8, Block 2, and Lots 1 through 5, Block 4, to District "C" (Apartment House District) all in the proposed Dow Addition. (The petitioner, A. B. Seelye Company, Inc., requested rezoning to District "C" (Apartment House District) in Petition Number 3542). A motion was made by Commissioner Simpson, seconded by Commissioner Weisgerber to accept the recommendation of the City Planning Commission and approve the rezoning recommended by the City Planning Commission, subject to platting, and to introduce the rezoning ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A RESOLUTION was introduced and passed entitled: "A RESOLUTION determining the advisability of curbing, guttering, paving, grading, water system, sanitary sewer system, and storm sewer improvements, estimating the cost thereof, defining the boundaries of the improvement district, method of assessment, and apportioning the cost between the improvement district and the City -at -large." (Engineering Project 76-601, for improvements in Twin Oaks, Key Acres 2nd, Schippel, Sullivan, and Wallerius Additions). A motion was made by Commissioner Simpson, seconded by Commissioner Usher 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 3269. PUBLIC AGENDA PETITION NUMBER 3551 was filed by J. V. Enterprises, Inc., 201 South 5th, for the rezoning of property in the West � of the Northeast Quarter (NV4) of Section 19, Township 14 South, Range 2 West, from District "C" (Community Unit Plan) to District "A" (Second Dwelling House District). A motion was made by Commissioner Usher, seconded by Commissioner Simpson to refer the petition to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. A REQUEST was received from the First State Bank and Trust Company for a variance in the restrictions concerning a curb cut on Marymount Road for 2102 Brookwood. (Lot 1, Block 1, Georgetown Addition) Mr. R. H. Zimmerman, President of the First State Bank and Trust Company was present and asked the Commissioners for a variance for this one property. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to grant the variance to the plat to allow a curb cut on Marymount Road for Lot 1, Block 1, Georgetown Addition. Ayes: (4). Nays: (0). CommissionEr Simpson abstained. Carried. COMMISSION AGENDA A MOTION was made by Commissioner Usher, seconded by Commissioner Duckers, to add appointments to the Boards and Commissions to the agenda for consideration. Ayes: (5). Nays: (0). Motion carried. THE MAYOR, with the approval of the City Commissioners made the following appointments: Memorial Stadium Baseball Park Committee Dean Groves, reappointed for a 3 year term to April 3, 1979 Bill Burke, appointed for a 3 year term to April 3, 1979 to succeed Vernon Brodine. Salina Airport Authority John Zimmerman, reappointed for a 3 year term to April 26, 1979 N. B. Butcher, appointed for a 3 year term to April 26, 1979, to succeed William P. Horton Library Board Mrs. Cecil (Catherine) Beverly, reappointed for a 4 year term to April 30, 1980 j9 k The Commissioners did not bring anything to the floor for discussion. A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Simpson that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. M. E. Abbott, Acting City Clerk 1 1