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11-11-1974 Minutes1 267 City of Salina, Kansas Regular Meeting of the Board of Commissioners November 11, 1974 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, November 11, 1974 at four o'clock p.m. The Acting Mayor asked everyone to stand for the pledge of allegiance to the Flag and a moment of silent prayer. There were present: Acting Mayor Robert C. Caldwell, Chairman presiding Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. Commissioner Jack Weisgerber comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: Mayor W. M. Usher The Minutes of the Regular Meeting of November 4, 1974 were approved as printed. STAFF AGENDA A LETTER was received from the City Planning Commission informing the City Commission that it met on November 5, 1974 to reconsider its recommendation of October 15, 1974 concerning Petition Number 3442 which was filed by Norman R. Harris, M.D. for the rezoning of the South oof Lot 6 and the North z of Lot 8, on Seventh Street, Hollands Addition from District "C" (Apartment District) to District "DD" (Office District), and by a unanimous vote of those members present it again recommended that petition number 3442 be denied as it would be in conflit with the Future Land Use Map. The City Planning Commission said, "It should be noted that in a subsequent motion the Planning Commission directed the staff to take the necessa steps to proceed with the possible amending of the existing Zoning Ordinance to allow for doctor's offices in the "C" zone. This action should be initiated within the week." Commissioner Cooper asked about the Future Land Use Map and the present zoning ordinance. Mr. Rawlings, the City Planner, explained the new zoning ordinance would allow clinics, medical and dental offices in District "C", and the proposed amendment to the present zoning ordinance would permit this use after its adoptio . A motion was made by Commissioner Weisgerber, seconded by Commissioner Cooper to accept the recommendation of the City Planning Commission and deny the rezoning. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the approval of the final plat of Maloney Addition, which was requested in Petition Number 3450 by Michael Maloney and Victor Goering. A motion was made by Commissioner Losik, seconded by Commissioner Weisgerber to accept the recommendation of the City Planning Commission and approve the plat and authorize the Mayor to sign. Ayes: (4). Nays: (0). Motion carried. 268 A LETTER was received from the City Planning Commission informing the City Commission that it met on November 5, 1974 to reconsider its recommendation concerning Petition Numbers 3451 and 3452 which were filed by Allan J. Hocking for the annexation and zoning of property in the Southwest Quarter of Section 15-14-3 from District "A" (Second Dwelling House District) to District "EE" (Local Service District), and recommends that Petition Number 3451 for annexation be approved and recommends Petition Number 3452 for rezoning be approved subject to platting. A motion was made by Commissioner Cooper, seconded by Commissioner Losik to accept the recommendation of the City Planning Commission and to introduce an ordinance for first reading for the annexation, and introduce an ordinance for first reading for the rezoning, subject to platting. Ayes: (4). Nays: (0). Motion carried. Commissioner Weisgerber asked about the Flood Plane requirements. Mr. Rawlings explained the property must comply with the flood plane requirements, and that it is reviewed at the platting stage and at the issuance of the building permit. Ordinance Passed: Number: Ordinance Passed: Number: THE CITY ENGINEER reported on Petition Number 3454 which was filed by the Hageman PTA requesting sidewalk on the east side of Hageman Street, abutting Lot 2, Block 1, Worsley Addition, that the petition contains valid signatures of more than 25 property owners, and that the petition is valid and recommends the installation of the requested sidewalk. A motion was made by Commissioner Losik, seconded by Commissioner Weisgerber to accept the recommendation of the City Engineer and approve the construction of the sidewalk and to introduce a resolution for first reading providing for the construction of the same. Ayes: (4). Nays: (0). Motion carried. Resolution Passed: Number: THE CITY ENGINEER reported on Petition Number 3457 which was filed by Charles M. Scott for the installation of sanitary sewer line to serve Lots 1, 2, 3, 4, and 5, Wrights Addition on Ash Street, that the petition is signed by one of four owners or 25% which does not constitute a valid petition. "The problem of septic tanks in our residential neighborhoods is a serious one; therefore this department recommends that this sanitary sewer extension be ordered in and constructed." A motion was made by Commissioner Cooper, seconded by Commissioner Losik to accept the City Engineer's report. Ayes: (4). Nays: (0). Motion carried. None COMMISSION AGENDA PUBLIC AGENDA PETITION NUMBER 3458 was filed by the City Planning Commission for the amendment of Section 9, District "C" (Apartment House District) of the Zoning Ordinance Number 6613, to include clinics, medical and dental offices as a permitted use, added as paragraph 10, to said District "C". Commissioner Losik asked, "Now when we state clinics, medical and dental offices, is that limited to human or could animal clinics be defined in the future as being included in this?" Mr. Rawlings explained, "The intention is human only, and I think in the Zoning Ordinance when reference to animals is made, it is stated either animal or veterinary." Commissioner Losik said, "I just wanted that for the record because I am afraid someplace down the line we would get hit with that." A motion was made by Commissioner Losik, seconded by Commissioner Weisgerber to refer the petition to the City Planning Commission to hold the required public hearing, and submit its recommendation. Ayes: (4). Nays: (0). Motion carried. 269 A LETTER was received from the Citizens' Advisory Committee recommendin the expansion of the Citizens' Advisory Committee membership. "The purposes of the recommendation are two fold, First, to strive for a more uniform distribution of the appointees on a geographic basis from throughout the community; Secondly, to somewhat increase the size of the committee in hopes of becoming a more effective sounding board for the community. 'The City's estimated population of approximately 38,242 residents was divided into 13 areas corresponding basically with the CRP boundaries. By utilizing a ratio of 1 appointee per 600 population, the membership would increa to 64 at the present time. "We therefore ask for your consideration of this proposal." Commissioner Losik commented, "I read this over and I followed it quite closely and I think from the time I got on the Commission I was very concerned about citizen participation and I worked very hard and with the rest of them to get it built up to 80 and then of course we went along with the recommendation of the Citizens' Advisory Committee to reduce it. I think that the recommendation submitted here is a good one. I think it will give us good citizen input and I would hope that along - usi-ng this ratio that we could go ahead and come up with what we have always really wanted to accomplish here without HUD or anybody else trying to cram something down our throats. We have just - and this could be the formula that will work very well and I think it is an excellent idea and I would like to see us go with it." Acting Mayor Caldwell said, "I don't think HUD ever gave us a set number, they did set a minimum and a maximum." Commissioner Cooper said, "I kind of like the idea of geographic representation and since the geographical areas are based on the CRP study would it be possible to get some kind of a facsimile of the CRP areas that they have marked off for us?" Mr. Olson said there will be some available. Commissioner Losik said, "There is one more area on the Citizens' Advisory Committee that I would like to see incorporated in there or considered for incorporation, is a period of time that these people serve, and the number of times they can be reappointed to succeed themselves. This is the only committee that I know of to my knowledge that doesn't have an expiration term of appointmen I think this would give us fresh blood, it would give us new ideas, it would give us an opportunity that if an individual wouldn't have to resign like we have been getting here because the last one that came in stated he had served 5 years, and this is why I am saying I would like to see us build this in and then as a person either resigns or his term expires in his particular geographic area he could succeed himself if this is built into it or if not then of course somebody else could be appointed to serve, but I believe we would have better continuity on this and there would be positive replacement of resignations or whatever the case is when it comes up." Commissioner Weisgerber said, "Well, it has some advantage, sometimes people serve better if they know they are serving for a certain stated length of time." Mr. Harris commented, "I think from the conversation, there was no action by the committee, but I think they have the same feeling that they would prefer a definite term." A MOTION was made by Commissioner Cooper, seconded by Commissioner Losik to accept the letter from the Citizens' Advisory Committee and approve their recommendation. Ayes: (4). Nays: (0). Motion carried. A MOTION was made by Commissioner Losik, seconded by Commissioner Weisgerber that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (4). Nays: (0). Motion carried. D. L. Harrison, City Clerk