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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. 93 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." 9 3-A 1 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." 1 94 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 955 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