02-04-1974 MinutesI ,
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City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
February 4, 1974
The Regular Meeting of the Board of Commissioners met in the
Commissioners' Room, City -County Building, on Monday, February 4, 1974, 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 Jack Weisgerber, Chairman presiding
Commissioner Robert C. Caldwell
Commissioner Norma G. Cooper
Commissioner Mike Losik, Jr.
Commissioner W. M. Usher
comprising a quorum of the Board, also:
L. 0. Bengtson, City Attorney
Norris D. Olson, City Manager
M. E. Abbott, Acting City Clerk
Absent:
D. L. Harrison, City Clerk
The minutes of the Regular Meeting of January 29, 1974 were approved
as mailed.
THE MAYOR PROCLAIMED the week of February 10 through 16, 1974 -
''VOCATIONAL EDUCATION WEEK IN SALINA". The proclamation was read by Gene Lundgri ,
Director of Salina Area Vocational Technical School.
THE MAYOR PROCLAIMED the Month of February 1974 - "AMERICAN MUSIC
MONTH". The proclamation was read by Judy Hudder, President of the Scherzo Junior
Music Club.
STAFF AGENDA
THE CITY COMMISSIONERS reconsidered a letter from the Metropolitan
Planning Commission recommending the approval of Petition Number 3380, which
was filed by Raymond Haggart, Trustee of the Simmons Testamentary Trust, for the
rezoning of 29.23 acres in the Southwest Quarter of Section 24-14-3 from District
"A" (Second Dwelling House District) to District "D" (Local Business District),
subject to the approval of the plat. (Tabled at the January 21, 1974 meeting at
the request of the petitioner)
Mr. Tom Hampton, Attorney for the petitioner, presented the Trust's
side of the rezoninq request. He explained the Trust has owned the entire tract
since the trust was established under the will of Emma Gebhart Simmons, and that
she owned the property for many years. He said it is not a case where the real
estate was acquired for purposes of development, and is presently used for
growing wheat. He said the property was annexed to the City in 1971, and at
that time, in accordance with the ordinances, it took on the classification of
"A" residential.
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Mr. Hampton said the question before the Commission is limited to
whether or not the portion of the tract along 9th Street should be rezoned to
"D" Local Business, and only incidentally is the entire plat relevant. The plat
is relevant because it is being considered by the Metropolitan Planning
Commission and the .approval of the plat is a condition to their recommendation
for the rezoning of the property. I point out that the classification of the
property as "D" zoning, the brown portion of the tract, is consistent with the
zoning presently in existence for the property at each corner of the intersection
of Magnolia Road and 9th Street, and along the opposite side of 9th Street."
Mr. Hampton said the trust received inquiries several months ago from
various people who have expressed an interest in it. "But we have no contracts
for the sale of the property to any person." He said, "It does not appear to
me that the property along 9th Street would be very desirable from a residential
standpoint. The property is broad enough so that it would not involve strip
zoning for commercial purposes, and it is sufficiently buffered by reason of the
neighborhood development plan, which Tom Darnell, of Bucher and Willis, has
prepared to protect the future residential development of the property. It would
be imprudent for the Trust to permit a commercial development that would
jeopardize the value of the residential lots which are located to the east and
north of the commercial property."
He said the Trust is willing to dedicate sufficient property along the
south side of the tract to where the drainage ditch passes under the road, so
Magnolia can be widened without incurring any additional expenses to the City
for a major arterial road, to ease the traffic problems.
He also said if the property is rezoned commercial, the Trust would
join with the neighbors in requesting the City to make a comprehensive plan for
the control of the surface water problems in the southern part of Salina,
including this tract.
Mr. Hampton concluded by saying, "I just don't want to get snowballed
by the numbers game. I think we have to keep the broader picture in mind. The
Trust has spent a great deal of money in the development of this neighborhood
development plan. A great deal of thought, time, care, and concern for the
wishes of the neighbors has been taken into account and I urge you to approve the
action of the recommendation of the Metropolitan Planning Commission."
Mr. Clancy King, Attorney for the opponents of the rezoning, commented,
"The Trustee has a fiduciary obligation to that Trust to do whatever is in the
best interest of the trust without regard to his own personal feelings, and if
it is in the best interest to sell this for double the price to the autoplaza,
he has an obligation under the law to do so."
Mr. King pointed out to the Commission that out of the nine member
Planning Commission, three voted to approve the rezoning. "Three to two was the
vote."
He said the residents in the area are concerned about the traffic
problem. He said they were told by the engineers that Magnolia Road is presently
carrying $0% of its traffic capacity. He commented that at peak hours when the
children are on their way to school, and people are going to work at the Mall that
it has to be carrying 120%. He said to zone this property to commercial could do
nothing but double the problem. "The danger to the children right now is
tremendous."
He commented about the buffer zone. "There is no buffer zone in there.
The buffer zone is because they made these lots 150 feet deep and they are going
to have the land owners buy their own buffer zone."
He also pointed out that there are three shopping centers within 1/2
mile of this area.
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Mr. King pointed out that the land use plan, done by Wilson & Company
Engineers in 1964, under which we are still operating, shows the land for
residential. He said the proposed land use plan done by Oblinger and Smith of
Wichita, says the same thing, that it should be residential.
Mr. King concluded by saying, "We feel it should be referred back to
the Planning Commission."
Dean Chaput said he has several things on his mind, "They don't know
who is going to go into this 29 acres, but I for one don't want a beer hall or a
dance hall, on account of my kids. When I bought out there on Simmons Street,
I was told by the realtor that eventually Highland Street or Simmons Street would
be a through street. I don't know, if it keeps building 29 acres of this and
29 acres of that, we will never have a through street. Now I am opposed to that,
so I don't think we should have it for that reason. Also, I think we are a littl
bit unfair to Dr. Olson and to the motel. Those were there long before this thin
was platted. He was there before this thing was ever thought of. On my street,
I am bothered with snow. We can't have snow fences up where we have wheat fields
right now, and I can't see when we have 30 acres of concrete how it is going to
be a darn bit better."
Charles May said, "I would ask the Commission to consider whether the
city engineers plans include the five to ten year plan for construction and
whether or not the handling of traffic on this route can be taken care of in the
construction plan or whether it is something that the city might have to be rush
into, thereby causing quite an extensive expenditure of money that we are not
ready for."
Kathleen Johnson said, "I have heard many practical arguments against
the 29<acres being cemented for commercial rezoning, but as a mother and as a
woman I am one who is very definitely interested in the looks and the beauty of
our own particular area. Also, I was interested in the argument that out of the
goodness of our hearts we should certainly want to do everything we can for the
community, which of course is commercialization of that area, and I think that
certainly most of us here would feel that if the argument were then for what woul
benefit the community, I wonder if there would be a consideration. Instead of th
commercialization where we already have plenty, if they would consider something
on Marymount Road where there is not. I mean, I think we have done our thing."
Wayne Montgomery said, "I am in the unfortunate position of having a
home on Leland Way that is separated by this plot of ground only by the railroad
tracks; however I did not sign the petition and I am not interested in this from
the viewpoint of blocking any development such as the commercial development from
being a home owner. I am interested in looking at this from the viewpoint which
Mrs. Johnson brought before us. The whole question of aesthetics. The question
of the beauty of our city, and the approach to it, or as the estate representatives
have pointed out on that corner all four corners are zoned commercial. South of
there it is zoned commercial until you get into light industrial. On the west
side of it, it is zoned commercial until you come to the splitting of the road
Mrs. Linda Campbell read a letter from her husband who was unable to
be present: "Dear Commissioners: I am very confident that you, the Commission,
will make the right decision in the matter of rezoning the area in question since
you are professional in your field knowing what is best for the residents and the
City of Salina. It is a fact that commercial development, such as large shopping
centers, would develop at a more rapid pace than residential development; therefore
30 acres of concrete could be laid within months after the decision is made
tonight. The City would not have time to prepare itself for the many problems
that will arise at too fast a development. The area in question was originally
designed to residential development, which would develop at a much slower pace.
The problems of water, traffic, etc., could be resolved as the residential
development progresses. It appears there is no great need for retail outlets in
the area. I know the Commissioners are aware of the problems that will arise and
will do what is right for the area and the City of Salina."
Dean Chaput said he has several things on his mind, "They don't know
who is going to go into this 29 acres, but I for one don't want a beer hall or a
dance hall, on account of my kids. When I bought out there on Simmons Street,
I was told by the realtor that eventually Highland Street or Simmons Street would
be a through street. I don't know, if it keeps building 29 acres of this and
29 acres of that, we will never have a through street. Now I am opposed to that,
so I don't think we should have it for that reason. Also, I think we are a littl
bit unfair to Dr. Olson and to the motel. Those were there long before this thin
was platted. He was there before this thing was ever thought of. On my street,
I am bothered with snow. We can't have snow fences up where we have wheat fields
right now, and I can't see when we have 30 acres of concrete how it is going to
be a darn bit better."
Charles May said, "I would ask the Commission to consider whether the
city engineers plans include the five to ten year plan for construction and
whether or not the handling of traffic on this route can be taken care of in the
construction plan or whether it is something that the city might have to be rush
into, thereby causing quite an extensive expenditure of money that we are not
ready for."
Kathleen Johnson said, "I have heard many practical arguments against
the 29<acres being cemented for commercial rezoning, but as a mother and as a
woman I am one who is very definitely interested in the looks and the beauty of
our own particular area. Also, I was interested in the argument that out of the
goodness of our hearts we should certainly want to do everything we can for the
community, which of course is commercialization of that area, and I think that
certainly most of us here would feel that if the argument were then for what woul
benefit the community, I wonder if there would be a consideration. Instead of th
commercialization where we already have plenty, if they would consider something
on Marymount Road where there is not. I mean, I think we have done our thing."
Wayne Montgomery said, "I am in the unfortunate position of having a
home on Leland Way that is separated by this plot of ground only by the railroad
tracks; however I did not sign the petition and I am not interested in this from
the viewpoint of blocking any development such as the commercial development from
being a home owner. I am interested in looking at this from the viewpoint which
Mrs. Johnson brought before us. The whole question of aesthetics. The question
of the beauty of our city, and the approach to it, or as the estate representatives
have pointed out on that corner all four corners are zoned commercial. South of
there it is zoned commercial until you get into light industrial. On the west
side of it, it is zoned commercial until you come to the splitting of the road
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there on South 9th Street. I would think that it would enhance the beauty of the
city to be able to enter it on one arterial highway which was not lined on both
sides of the street by businesses, for I, myself, find it a great reprieve to
turn off on Broadway south from Crawford Street and pass the Sunset Plaza and all
of the Warta Buick, and what is south of it and see a residential area spanning
on both sides of that highway. I would be very satisfied for the advancement of
our city and for the aesthetics of it for the values to see one side retained for
residential development. In this case we have another situation over on Ohio
and the Autoplaza that I think would have been a gross mistake there to have
okayed that if it had been commercial development on the other side of the street;
so I think that basically we ought to take into consideration an exemplary
situation for other communities round about us. You go into Dodge City, and into
Hutchinson, you go into Junction City and into Abilene, approach any of these on
their arterial streets and you find only confusion. No ordered residential and
commercial development going along side of each other. The same thing that I
would say that is in respect to the proposed land use plan and all of the projecti
it has made both in philosophy and in functionality, this proposal is contrary to
that proposed land use, and in that sense, I think we ought to view the values
again of land use in this city."
Mr. Hampton commented, "A number of people who purchased their property
in the area say they were advised by real estate brokers that this property would
not be developed commercial. It is unfortunate that this is the representation
that was made to them, because it obviously was not fore -ordained. This is
residential simply by reason of its annexation and not because of a conscious
zoning of this property as residential. I would like to point out that the Trust
dedicated a significant portion of property along the side of Magnolia without
receiving any consideration for the flood diversion channel. The Trust has just
recently completed the payment of $20,000 in special assessments for the
installation of it's half of Magnolia Road, and it seems to me that it has
contributed handsomely to the installation of Magnolia Road. In so far as the
study by Oblinger and Smith, I can only say in that regard that we appeared at
the public hearing when it was first considered and we pointed out to them, at th;
time, what our thinking was with respect to the development of this corner. I
would also like to point out that as a result of that public hearing, it is my
understanding that the Planning Commission was going to take the matter under
advisement and that the proposed plan has not been adopted. I would assume that
the action of the Planning Commission would indicate some change of attitude on
the part of the Planning Commission with respect to the Oblinger Report."
Tom Darnell commented about Mr. Chaput's comment about a through street
through the area. We discourage creating semi -arterials through residential
areas. We discourage any traffic parallel to 9th Street going north. We doubt
if the people on Highland or Simmons would appreciate it if people started
taking short cuts through the neighborhood."
Commissioner Caldwell said, "I was aware of the 3 to 2 vote of the
Metropolitan Planning Commission. There were nine men present, but some had to
leave the meeting before the vote was taken, which left a 3 to 2 vote and that
really wasn't favorable for such a large project and I would recommend to the
City Commission that we refer this back to the Planning Commission for further
consideration."
Commissioner Losik seconded the motion.
Commissioner Usher asked on what basis it is being returned.
Commissioner Losik said, "Specifically from this standpoint here. There
was inconsistency in their recommendation on this to us. We had a very similar
situation where they recommended denial of a petition from "A" to "D" because the
projected usage was not in accordance with the 1964 land use plan or projected
land use plan under consideration."
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Commissioner Cooper commented, "I think it wouldn't do any harm at all
if they could clarify for not only the community, but the Commission as well,
why some people can look at a land use plan and say this is not a permitted use,
and somebody else can look at the same area and say this is a permitted use. It
looks like it is either classified as one or the other, but I would also like to
mention the fact that I think this Commission has kind of an opportunity in front
of them that they can avail themselves of. Municipalities are often quoted as
saying things like 'Well the Federal bureaucrats forced us to do this, or State
regulations forced us to do that', but this is purely a local issue and it is up
to us to decide. Now municipalities also say that they like to have local control
I am not real sure what they mean by this, whether we are supposed to decide what
is best for the community or whether the community will have an opportunity to ha%
a voice in the decision, but this is the way I interpret it. I think, on the
local level, if the people do not have an opportunity to have a voice in the
decision, the Federal Government might just as well make the decision for you,
and I don't consider it solely a matter of numbers or emotions. I think it is
primarily one of giving people an opportunity to be heard, and I think you have
been heard."
Mayor Weisgerber called for a vote on the motion to refer the matter
back to the Metropolitan Planning Commission for reconsideration. Ayes: Caldwell
Cooper, Losik, (3). Nays: Usher: (1). Mayor Weisgerber abstained. Motion
carried.
THE CITY ENGINEER reported on a request made by A. L. Botts for one
taxicab stand near 243 North Santa Fe Avenue, and recommended it be approved.
A motion was made by Commissioner Losik, seconded by Commissioner Usher to accept
the City Engineer's recommendation and approve the taxicab stand. Ayes: (5).
Nays: (0). Motion carried.
THE CITY ENGINEER reported on Petition Number 3394 which was filed by
Max McClintock for the curbing, guttering, and paving of Planet Avenue from Otto
Avenue 300 feet south, "That the petition signers own 100% of the property in
the benefit district; therefore, the petition is valid. Since 67% of the
property is developed, this petition will not come under Resolution Number 3113."
A motion was made by Commissioner Usher, seconded by Commissioner Losik to
accept the City Engineer's recommendation and approve the improvements, to be
included in the next feasibility report for improvements. Ayes: (5). Nays: (0).
Motion carried.
A RESOLUTION was introduced and passed entitled: "WHEREAS, UNION
PACIFIC RAILROAD COMPANY has tendered to the City of Salina, State of Kansas,
a supplement to agreement covering the construction, maintenance and operation of
an additional sanitary sewer pipe line crossing across the property and under the
track of the railroad company near Salina, Kansas; said supplement (hereinafter
called "agreement") being identified in the records of the Railroad Company as
its C.D. No. 42989-1-B." A motion was made by Commissioner Losik, seconded by
Commissioner Caldwell to adopt the Resolution as read and authorize the Mayor to
sign the agreement, and the following vote was had: Ayes: Caldwell, Cooper,
Losik, Usher, Weisgerber (5). Nays: (0). Carried. The Mayor approved the
Resolution and it is numbered 3174.
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COMMISSION AGENDA
PUBLIC AGENDA
PETITION NUMBER 3395 was filed by A. B. Seelye Company, Inc., for the
approval of the preliminary plat for Georgetown Addition, less Blocks 1, 2, and
Lots 1 and 7, Block 3, which have been previously submitted, all in Georgetown
Addition to the City of Salina, Saline County, Kansas. A motion was made by
Commissioner Cooper, seconded by Commissioner Usher to refer the petition to the
Metropolitan Planning Commission. Ayes: (5). days: (0). Motion carried.
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PETITION NUMBER 3396 was filed by A. B. Seelye Company, Inc., for the
inclusion to the City limits of Salina, the East 362.69 feet of Block 6 and 15;
all of Blocks 7, 8, 9, 10, 11, 12, 13, 14; Lots 2 to 6, inclusive and Lots 8 to
12 inclusive, Block 3; Block 4 and Block 15, all in Georgetown Addition to the
City of Salina, Saline County, Kansas. A motion was made by Commissioner Cooper,
seconded by Commissioner Usher to refer the petition to the Metropolitan Planning
Commission. Ayes: (5). Nays: (0). Motion carried.
TREE TRIMMING license applications for 1974 were filed by:
Marvin Reinert, d/b/a Reinert Tree Service, 2042 Wesley. (Renewal)
Roy Willey, d/b/a Willey Lawn and Tree Service, 828 North Third. (Renewal)
The Acting City Clerk reported the applicants have all paid the proper fee and
have the required surety bond and public liability insurance on file. A motion
was made by Commissioner Caldwell, seconded by Commissioner Losik to approve the
license applications and authorize the City Clerk to issue the licenses.
Ayes: (5)• Nays: (0). Motion carried.
A TREE TRIMMING AND TREATING license application for 1974 was filed
by Marvin E. Prater, d/b/a Twin Valley Garden Center, 440 North Ohio. (Renewal)
The Acting City Clerk reported the applicant has paid the proper fee and has the
required surety bond and public liability insurance on file. A motion was made
Commissioner Losik, seconded by Commissioner Cooper to approve the license
application and authorize the City Clerk to issue the license. Ayes: (5)•
Nays: (0). Motion carried.
A MOTION was made by Commissioner Losik, seconded by Commissioner Usher
that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5).
Nays: (0). Motion carried.
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M. E. Abbott, Acting City Clerk
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PETITION NUMBER 3397 was filed by A. B. Seelye Company,
the East 362 feet of Block 6; Blocks 7, 8, 9, 10, 11,
Inc., for the
12, 13, 14,
rezoning of
Georgetown Addition to District "C" (Apartment
District). A motion
was made by
Commissioner Cooper, seconded by Commissioner
Usher to refer the
petition to the
Metropolitan Planning Commission. Ayes: (5).
Nays: (0). Motion
carried.
TREE TRIMMING license applications for 1974 were filed by:
Marvin Reinert, d/b/a Reinert Tree Service, 2042 Wesley. (Renewal)
Roy Willey, d/b/a Willey Lawn and Tree Service, 828 North Third. (Renewal)
The Acting City Clerk reported the applicants have all paid the proper fee and
have the required surety bond and public liability insurance on file. A motion
was made by Commissioner Caldwell, seconded by Commissioner Losik to approve the
license applications and authorize the City Clerk to issue the licenses.
Ayes: (5)• Nays: (0). Motion carried.
A TREE TRIMMING AND TREATING license application for 1974 was filed
by Marvin E. Prater, d/b/a Twin Valley Garden Center, 440 North Ohio. (Renewal)
The Acting City Clerk reported the applicant has paid the proper fee and has the
required surety bond and public liability insurance on file. A motion was made
Commissioner Losik, seconded by Commissioner Cooper to approve the license
application and authorize the City Clerk to issue the license. Ayes: (5)•
Nays: (0). Motion carried.
A MOTION was made by Commissioner Losik, seconded by Commissioner Usher
that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5).
Nays: (0). Motion carried.
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M. E. Abbott, Acting City Clerk
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