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02-04-1974 MinutesI , M 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. 1 1 65 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. 66 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 1 L C 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." t s 1 J L G • 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. None 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. Lem 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. _ / jz�' & M. E. Abbott, Acting City Clerk 1 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. _ / jz�' & M. E. Abbott, Acting City Clerk 1