03-11-1974 MinutesIF
SIM
City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
March 11, 1974
The Regular Meeting of the Board of Commissioners met in the
Commissioners' Room, City -County Building, on Monday March 11, 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:
Norris D. Olson, City Manager
D. L. Harrison, City Clerk
Absent:
L. 0. Bengtson, City Attorney
The Minutes of the Regular Meeting of March 4, 1974 were approved as
mailed.
A RESOLUTION was introduced and passed entitled: "A RESOLUTION
authorizing and ordering certain street, water main, sanitary sewer and storm
sewer improvements, ordering preparation of plans and specifications, and the
estimate of costs." (Engineering Project 74-564 for street and utility
improvements in Country Hills Addition Number 2 and sanitary sewer system
for Blocks 1, 2, 3, Georgetown Addition) A motion was made by Commissioner
Usher, seconded by Commissioner Caldwell to adopt the Resolution as read 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 3176.
A LETTER was received from the Metropolitan Planning Commission
informing the City Commission of its reconsideration of Petition Number 3380 whic
was filed by Raymond E. Haggart for rezoning of a tract of land in the Southwest
Quarter of Section 26, Township 14 South, Range 3 West of the 6th Principal
Meridian, from District "A" (Second Dwelling House District) to District "D"
(Local Business District), and returning the petition to the City Commission as
originally submitted. The original recommendation was for the approval of the
petition.
Mr. Tom Hampton, attorney for the petitioner, and Clarence King, Jr.
Attorney for the protestors, said there isn't anything new to add to the
argument presented February 4, 1974, the last time it was heard by the City
Commission.
Mr. Hampton urged the Commissioners to accept the recommendation of
the Metropolitan Planning Commission and approve the rezoning, and Clancy King
asked the Commissioners to deny the petition and return it to the Metropolitan
Planning Commission for their reconsideration.
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Mayor Weisgerber commented, "We ought to clarify one thing. I am sorry
that Larry can't be here today, but after we had the meeting the first time this
came up, after the motion was made, and I think Mr. Caldwell made the motion to
refer this to the Metropolitan Planning Commission, Larry came up right after
that while we were waiting for a great number of the people to clear the room, an
his interest was that we were returning this to the planning commission without
actually refusing or turning down the petition. We looked this up before the
meeting today, and according to the State Law, we shall return it to the Planning
Commission with such a statement specifying the basis for disapproval. What I am
saying is I don't think the commission at that time disapproved it particularly,
so our feeling is, without the benefit of Larry's advice today, but our feeling i
if we approve it, it is done; if we disapprove it, our feeling is that it still, ty
law, must go back to the Metropolitan Planning Commission since the other time
we felt there were some things in which we were not clear and we didn't really
send it back as a disapproved petition. Is this in agreement with your thinking?'
Mr. Hampton replied that it is.
Evelyn Maxwell, 414 Wayne, was present opposing the rezoning and
asked the Commissioners to pursue the idea of a park in that area.
Laura Lockwood, 2418 Drake, was present opposing the rezoning and
asked the Commissioners to take into consideration the problems of the people
who live in the area.
Linda Campbell, was present opposing the rezoning and told the
Commissioners the traffic, and the drainage and the different problems could be
handled by the City if residential went in because it would develop slower.
After a full debate of the rezoning question a motion was made by
Commissioner Usher to accept the recommendation of the Metropolitan Planning
Commission and approve the rezoning.
The motion died for the lack of a second.
A motion was made by Commissioner Losik, seconded by Commissioner
Cooper to disapprove the petition for rezoning and return it to the Metropolitan
Planning Commission, on the basis of the inconsistencies of the recommendation
sent to the Commission. Ayes: Caldwell, Cooper, Losik (3). Nays: Usher (1).
Mayor Weisgerber abstained. Motion carried.
Mayor Weisgerber asked the City Manager to talk with Mr. Hampton to get
some ideas on acreages and costs of land in that area, with the possibility of
considering a park.
A MOTION was made by Commissioner Usher, seconded by Commissioner
Losik to introduce a charter ordinance for first reading exempting the City of
Salina, Kansas, from K. S. A. 79-1951, which provides for a maximum rate of levy
in any one year; providing substitute and additional provisions on the same
subject; amending Charter Ordinance Number 3 of the City of Salina, Kansas, and
repealing said existing charter ordinance.
The City Manager explained, "We have enacted in 1970 and amended by the
1973 State Legislature, State Law that, in essence, pays no attention to tax levy
It is tied 100% to tax dollars. Your tax dollar limitations for property on the
tax rolls in 1974 cannot exceed the amount of tax dollars levied on that property
in 1968. You no longer have a 105% tax law, 101% or any %. You have a 100% law
based on the 1968 dollars that were returned from these properties. The only way
you can obtain additional tax dollars today is through new improvements, increase
personal property or increased valuation through annexation. We presently, in
Salina, have four funds, the General Operating Fund, the Flood Control Fund, the
Tree Maintenance Fund, and Noxious Weeds Fund that come under this 100% tax lid
law. We would like for the various fund limits to be removed and then with our
new budget we will include Flood Control, Tree Maintenance, and Noxious Weeds
all in our General Operating budget. We will not then be tied to small $6,000,
$8,000, or $10,000 budgets. It will all be a part of General Operating and it
is our experience where you have all these funds under, or as many as possible,
within the General Operating Fund that you can do a more prudent job of budgeting
and managing the money. It is not going to mean a dollar additional or savings
to anybody's tax payments because, as I said, your State Law presently is on tax
dollars and not related to mill levy. This is being pretty much universally done
among the cities today, this taking themselves out from under the rnill levy which
is obsolete today."
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Dr. C. L. Olson commented, "I purposely kept out of this deal on the
zoning because the problem which concerns me is much greater than that. I have
lived out there for 15 years now and I have watched this thing go under the
auspices of the City Planning when I feel the City was dealing, not in terms of
city planning, but simply land development. We had the development of the Key
Acres area out there and the Commission, at that time, drew the conclusion that
this should be taken in and developed. The results have been a series of
Sheriff's sales on the various properties and they have cost the tax payers, as
a whole, a snoot full of money over the years because of that decision. Time
after time we have had situations with the developers and in all sincerity and
in all honesty, they come up with a plan that they thought was best, then put
the Planning Commission in the position of approving or disapproving it. If it
looks like a good idea it is approved, and the party who is selling it, it is a
good thing, when in actuality it may be poor city planning. The real concern
and you may think I am shoting at dragons, but the real concern I have for that
whole area out there stems back years ago when Murray Wilson was still alive, he
told me if I didn't do anything else but watch strip zoning and the development
of a super corner structure, because this has happened city after city. The thin
that we see is strip zoning. You put one piece in and the next one comes and the
next one comes, and it keeps right on going because somewhere down the line
nowhere is there a factor that says the best thing for the city is to use it for
a given use. The development of the super corner would be such that if you came
in there with city property or with commercial property across from me there, if
you get commercial property on 4 corners, politics being what it is, they would
ask for an opening into the 4 lane to try to develop a super corner. This would
probably be the most disasterous thing to happen I know of. Now I don't have a
thing to do with a group at all, and the reason 1 held back saying what I did.
We had planning here in situations where they don't know where the water is
coming from, they don't know where the children are going to go to school, they
don't know where the families are going to drive their cars or anything else.
They are being approved before the actual city planning is done. Somewhere along
the line there should be input into this group so that we are planning and not
just developing land. Time after time and year after year this system has fallen
on its face. Now one of the reasons we have lawyers here is because there are
enough people interested in this, so if it comes to it, we could run it through
the courts and get some kind of gun power for the city fathers to say here we
have the authority to specify that x number of acres in a given area has to be
developed. It may be a long hard process, but somewhere along the line there
has to be a body which has the right, regardless of the land I own, regardless
of the land anybody owns, there has to be a body somewhere that says the best
thing for the City as a whole is to go this route."
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Mayor Weisgerber called for a vote on the motion. Ayes: (5). Nays: (0).
Motion carried.
Charter Ordinance Passed: Number:
A LETTER was received from the Metropolitan Planning Commission
recommending the approval of the Final Plat of Interstate District North of 1-70
Lots 4 - 7, as requested in Petition Number 3347, which was filed by C. L. Clark.
A motion was made by Commissioner Cooper, seconded by Commissioner Losik to accep
the recommendation of the Metropolitan Planning Commission and approve the final
plat, and authorize the Mayor to sign. Ayes: (5). Nays: (0). Motion carried.
A LETTER was received from the Metropolitan Planning Commission
recommending the approval of Petition Number 3396, which was filed by the A. B.
Seelye Company, Inc., for the annexation of a tract of land in the Southwest
Quarter of Section 17, Township 14 South, Range 2 West of the 6th Principal
Meridian. (Georgetown Addition). A motion was made by Commissioner Losik,
seconded by Commissioner Usher to accept the recommendation of the Metropolitan
Planning Commission and introduce the ordinance for first reading for the
annexation. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed: Number:
A LETTER was received from the Metropolitan Planning Commission
recommending the approval of Petition Number 3397, which was filed by the A. B.
Seelye Company, Inc., for the rezoning of a tract of land in the Southwest
Quarter of Section 17, Township 14 South, Range 2 West of the 6th Principal
Meridian, from District "A" (First Dwelling House District) and District "H"
(Agricultural) to District "C" (Apartment District). (A part of Georgetown
Addition) A motion was made by Commissioner Usher, seconded by Commissioner
Losik to accept the recommendation of the Metropolitan Planning Commission and
introduce the ordinance for first reading for the rezoning. Ayes: (5). Nays: (0).
Motion carried.
Ordinance Passed: Number:
THE CITY COMMISSIONERS considered the approval of a project agreement
for the development of Phase II, Lakewood Park. (Application for project and
funding were authorized by Resolution Number 3044, adopted January 5, 1970).
A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to
approve the project agreement and authorize the Mayor to sign. Ayes: (5).
Nays: (0). Motion carried.
A MOTION was made by Commissioner Usher, seconded by Commissioner
Losik to have the City Attorney and City Clerk proceed with the drafting of a
bond ordinance for $100,000 for park improvements. Ayes: (5). Nays: (0).
Motion carried.
A RESOLUTION was introduced and passed entitled: "WHEREAS, the City
of Salina, Kansas, (the "City") is authorized and empowered under the provisions
of the Kansas Industrial Revenue Bond Act, K. S. A. 12-1740 to 12-1749, inclusive
as amended, to issue revenue bonds for industrial development purposes."
(Resolution of intent to issue $850,000 of Industrial Revenue Bonds to finance
certain nursing home facilities for the Salina Nursing Center, Inc.) A motion
was made by Commissioner Losik, seconded by Commissioner Usher to adopt the
Resolution as read 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 3177.
Commissioner Losik commented that the approval is based on the fact
that this corporation has agreed to make a payment in lieu of taxes, and that
this is one of the stipulations the City Commission has used for this type of
industrial revenue bonds.
COMMISSION AGENDA
None
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PUBLIC AGENDA
PETITION NUMBER 3407 was filed by Lester E. Stetler, 154 North Ohio,
to vacate the south ten feet of Ash Street from Ohio Street to Riverside Drive.
A motion was made by Commissioner Usher, seconded by Commissioner Cooper to refer
the petition to the City Engineer for a report. Ayes: (5). Nays: (0). Motion
carried.
PETITION NUMBER 3408 was filed by Richard Renfro, Vice-president of the
National Bank of America, for the installation of concrete paving with curb and
gutter along the dedicated right-of-way of the marginal access road of Century
Plaza Drive from Magnolia Road north and west to the northermost point of said
dedicated street as described on the plat of Meadowlark Acres Addition Number 2
to the City of Salina, and for all assessments normally made against adjacent
property owners to such street to be made against Block 1 of Meadowlark Acres
Addition Number 2. A motion was made by Commissioner Cooper, seconded by
Commissioner Losik to refer the petition to the City Engineer for a report.
Ayes: Caldwell, Cooper, Losik, Weisgerber (4). Nays: (0). Commissioner Usher
abstained. Motion carried.
A CEREAL MALT BEVERAGE License application was filed by Tom E. Graham,
d/b/a 19th Hole, 2500 East Crawford. (New application). The City Clerk reported
the applicant has paid the required fee, and the application has been approved
by the Zoning Officer and the Police Department, and the applicant requests
approval of the license subject to the final approval of the Health Department.
A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to
approve the cereal malt beverage license application subject to the final
approval of the Health Department and to authorize the City Clerk to issue the
license at that time. Ayes: (5). Nays: (0). Motion carried.
A MOTION was made by Commissioner Usher, seconded by Commissioner
Losik that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (5). Nays: (0). Motion carried.
D. L. Harrison, City Clerk
PETITION NUMBER 3409 was filed by Verner C. Smith for the paving and
grading of Linda Lane, concrete with roll type curb, from the south edge of
Bonnie Ridge to the south edge of Neal Avenue. Sewer and water service for all
lots on Linda Lane. Paving of Gail from Linda Lane to the center of the
railroad with no sewer or water service. A motion was made by Commissioner
Caldwell, seconded by Commissioner Losik to refer the petition to the City
Engineer for a report. Ayes: (5). Nays: (0). Motion carried.
A CEREAL MALT BEVERAGE License application was filed by Franklin D. DarE
d/b/a Dare's Texaco, 1745 North Ninth Street. (New application). The City Clerk
reported the applicant has paid the required fee, and the application has been
approved by the Health Department, Zoning Officer, and the Police Department.
A motion was made by Commissioner Usher, seconded by Commissioner Losik to
approve the license application and authorize the City Clerk to issue the license.
Ayes: (5). Nays: (0). Motion carried.
A CEREAL MALT BEVERAGE License application was filed by Tom E. Graham,
d/b/a 19th Hole, 2500 East Crawford. (New application). The City Clerk reported
the applicant has paid the required fee, and the application has been approved
by the Zoning Officer and the Police Department, and the applicant requests
approval of the license subject to the final approval of the Health Department.
A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to
approve the cereal malt beverage license application subject to the final
approval of the Health Department and to authorize the City Clerk to issue the
license at that time. Ayes: (5). Nays: (0). Motion carried.
A MOTION was made by Commissioner Usher, seconded by Commissioner
Losik that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (5). Nays: (0). Motion carried.
D. L. Harrison, City Clerk