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02-07-1972 Minutes1 L City of Salina, Kansas Commissioners' Meeting February 7, 1972 i The Special Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, February 7, 1972, at three o'clock p.m. There were present: Mayor Robert C. Caldwell, Chairman presiding Commissioner Leon L. Ashton Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. 1 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: None The meeting was called for the purpose of considering the School Crossing Survey which was filed by the Engineering Department at the January 31, 1972 meeting. The Mayor went through the first part of the School Crossing Survey section by section, which explains the traffic, school signs, school zones, mid -block crossings, parking restrictions, loading zones and sidewalks involved in the survey. In Section H, School Safety Committee, he read that such a committee should consist of the Director of Safety, Chief of Police or police officer responsible for traffic' control, Traffic Engineer, City Planner, Safety education supervisors for public and parochial schools, P.T.A. Council Safety Chairman, Junior Chamber of Commerce Representative. Commissioner Losik felt this section should be discussed to let interested people present see what the Committee would consist of. Mrs. Seara Weir, Safety Chairman for Lowell School, asked if the survey included recommendations for the intersection of Republic and Santa Fe. She was told, yes. Commissioner Cooper asked Mrs. Weir if every school has a Safety Chairman. Mrs. Weir said, "Yes". Commissioner Losik recommended the School Safety Committee be organized and utilized, and that the Director of Safety could start it and get things worked out, and should serve as the coordinator. Mrs. Jim Hill, President of the Sunset School P.T.A. stated she was told by Sgt. Clark, when she asked for a school crossing guard at Republic and Pontiac, the only way she could get one was by filing a petition with the request. Commissioner Losik said this was true, that the only way you could do this before was with a petition, but with this committee, you would have an organization of interested people working together to come up with recommendations. Mayor Caldwell asked the Director of Safety if he agreed with such a committee? He stated, "Yes, very much so." Mayor Caldwell asked the City Attorney if this committee would make recommendations to the City Commissioners. The City Attorney stated they would be acting as an advisory committee to you. Commissioner Ashton asked if it would be feasible to have the Safety Chairman of all the schools get together with members on staff to get their ideas and maybe come up with some of their problems and work out the details with this committee before coming to the City Commissioners. Commissioner Weisgerber stated he thought the problems coming to the City Commissioners on school crossings could be referred to this committee for their recommendations. Commissioner Losik feels such a committee could also work well in the education of children in the areas of crossing streets, new signs, etc. Mrs. Jim Kochevar, Safety Chairman of the P.T.A. Council, thinks this committee would work well with all the Safety Chairmen of all the schools in the City. Commissioner Ashton asked Mrs. Kochevar if there is enough education in the crossing of streets given to the children. Mrs. Kochevar said, "No". Mayor Caldwell asked Miss Ziegler, Principal of Lowell School, if the school safety problems have been worked out well in the past? She said, "As a whole, yes." The survey includes statistics on the number of accidents involving school children, both while on foot and as passengers in motor vehicles; also a chart which established the hazard factor at each school in the City. The survey includes the number of children crossing the intersections, and the number of cars at the intersections. Commissioner Losik stated it is interesting to see where the guards are and the hazard factors pretty well bear out that the common horse sense we used in locating the guards was pretty valid. Commissioner Losik also asked why there was no recommendation for flagmen in any area. The City Engineer stated with controlled signals, you create safety gaps. When the red light is on, we assume the drivers will stop; also there is no criteria or guidelines in any traffic manual establishing crossing guards, just for controlled signals and signing. This is obvious, as shown in the survey, where few cities have guards, but must cities have no guards. Mayor Caldwell thinks each school safety chairman should get together with the Council Chairman and review this survey with the School Safety Committee. j A motion was made by Commissioner Losik, seconded by Commissioner Cooper that the School Safety Committee be established, as recommended in the survey. That the Committee review the survey and make recommendations to the City Commissioners. Ayes: (5). Nays: (0). Motion carried. A motion was made by Commissioner Losik, seconded by Commissioner Weisgerber, that the Special Meeting be adjourned. Ayes: (5). Nays: (0). Motion carried. D. L. Harrison, City Clerk City of Salina, Kansas Commissioners' Meeting February 7, 1972 f I The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, February 7, 1972, 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 Robert C. Caldwell, Chairman presiding Commissioner Leon L. Ashton 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: None Commissioner Cooper stated, on Page 3, line 43 of the minutes of January 31, 1972, the vote on the motion concerning the four party agreement was not 5 to 0. Commissioner Weisgerber stated he guessed he didn't vote on this motion. A motion was made by Commissioner Cooper, seconded by Commissioner Losik to correct the minutes of the January 31, 1972 meeting to read: "Ayes: (4). Nays: (0). Commissioner Weisgerber abstained. Motion carried." Ayes: (5). Nays: (0). Motion carried. THE MAYOR PROCLAIMED the Week of February 6 through 12, 1972 - "OFFICE EDUCATION ASSOCIATION WEEK". The proclamation was read by Miss Debbie Dodge. THE MAYOR PROCLAIMED the Week of February 13 through 19, 1972 - "VOCATIONAL EDUCATION WEEK IN SALINA". The proclamation was read by Mr. Raymond Kreutzer, Assistant Director of the Salina Area Vocational Technical School. STAFF AGENDA AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE requiring merchant or private police to carry licenses and identification cards, amending Section 28-60 of The Salina Code and repealing the existing section". A motion was made by Commissioner Ashton, seconded by Commissioner Weisgerber to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Cooper, Losik, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8190. The ordinance was introduced for first reading January 31, 1972. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the equipment and marking of vehicles used by merchant or private police licensees". A motion was made by Commissioner Weisgerber, seconded by Commissioner Losik to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Cooper, Losik, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8191. The ordinance was introduced for first reading January 31, 1972. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the fingerprinting, investigation and examination of all applicants for merchant or private police license, amending Section 28-51 of The Salina Code and repealing the existing section". A motion was made by Commissioner Losik, seconded by Commissioner Ashton to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Cooper, Losik, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8192. The ordinance was introduced for first reading January 31, 1972 C7 THE CITY CLERK reported on the protest petitions filed against the improvements in Engineering Project 71-542. (The twenty -day protest period was up February 3, 1972) Mr. Jack Stewart, representing Morton Buildings, Inc., was present concerning protest petition number 3222, which was filed against the sanitary sewer and water main in Diamond Drive. Mr. Stewart stated the protest is made by only one party. The land is really owned by one person. He stated there was an agreement filed with the City when Dairy Queen asked to connect to City water, that they would not protest any annexation or any improvemen- Mr. Stewart again referred to a letter from C. L. Clark in which Mr. Clark said their project would be fine if Mr. Foster would pay a lug of $3,300.00. Mr. Stewart said a protest cannot be received on a sewer line. If the protest is valid and is good, we ask the sewer line be approved. My client is willing to pay his 50%. Commissioner Ashton asked the City Attorney about the legality of this. The City Attorney stated this is a valid petition, but you can approve the sewer line. He said the feasibility report shows a package for installing the water and sewer lines. You have a valid protest and cannot install the water line. Commissioner Weisgerber asked the City Engineer if the cost of putting the sewer line in separately from the water line would be a larger expense. The City Engineer stated he didn't think there would be much difference if they were put in separately. Commissioner Weisgerber stated that, as a member of the Health Board, he has seen lots of problems in areas outside the City where there are no sewer lines installed. He would like to see the sewer line installed. Commissioner Cooper asked about the health factor. The City Attorney stated you don't have to prove a health factor. You are authorized to put sewer lines in, if you so desire. Mr. Stewart said the law states the City Clerk shall not accept protest for sewer. A motion was made by Commissioner Weisgerber, seconded by Commissioner Ashton to accept the protest on the water line and to proceed with the sewer line. Ayes: Ashton, Losik, Weisgerber, Caldwell (4). Nays: (0). Commissioner Cooper abstained. Motion carried Petition Number 3220, filed by George Wallerius, protesting the installation of a water line in Meadowlark Lane. Mr. Wallerius again stated this would bring a burden of over $7,000.00. He stated development is years away, and he feels he has a valid protest. Commissioner Weisgerber mentioned the protest is only 45% of the area involved. This is not enough to be a valid protest. A motion was made by Commissioner Cooper, seconded by Commissioner Losik that Petition Number 3220 be placed in the City Clerk's files. Ayes: (5). Nays: (0). Motion carried. Petition Numbers 3223 and 3224 were filed protesting the improvements on Prospect Avenue. A motion was made by Commissioner Weisgerber, seconded by Commissioner Cooper to accept the protest petitions as being valid and that the improvements not be made. Ayes: (5). Nays: (0). Motion carried. -s. 1 1 I A LETTER was received from the Safina City Planning Commission recommending the approval of Petition Number 3207, filed by Dunlap Auto, Inc., for the rezoning of Lots 4 and 5 and the South 87 feet of Lots 2 and 3, Replat of the West half of Block 10, Riker Addition from District "D" and "A" (Local Business and Second Dwelling House District)] to District "EE" (Local Service District). (Protest Petition Number 3213 was filed by John Williamson on November 30, 1971 against the rezoning) 'j Mr. John Williamson, 909 Millwood, was present speaking for a number of residents present, protesting the recommendation of the Salina City Planning Commission for the rezoning of Dunlap Auto, Inc. Mr. Williamson gave a copy of a petition signed by 131 residents in Riker Addition, and a map showing the area to be rezoned. (The petition was later numbered 3226) He stated, after getting a copy of the minutes of the Salina Planning Commission meeting, he learned they had had four meetings on this rezoning. He had been under the impression there had only been three. At the January 18, 1972 Salina City Planning Commission meeting, they were notified by the City Planner that the Millwood residents need not be present, because the subject would not be discussed at the meeting. At the Planning Commission meeting February 4, 1972, they found out that the subject was discussed and that Larry Dunlap and George Johnson were present. Mr. Williamson read a letter from C. 0. Scott, 808 Millwood, who is in California,; stating that he is protesting the rezoning. Mr. Ken Jennison, 830 Millwood, mentioned the two blocks on Millwood pays nearly $20,000.00 in property taxes. He is sure this new business would not pay this amount. He mentioned several areas in the City where this type of business could be located, and which are already properly zoned. Mrs. Ruth Willis, 840 Millwood, stated she wanted progress in our City, but the rezoning of this area to "EE" would be a definite detriment to the area because anything, such as a tavern, can go in this zone. Mr. Wes Radcliff stated,when he bought his property, he was aware of the buffer zone, which is a 65 foot strip at the rear yards of the residents on the north side of Millwood. Mr. Elvin Gerard, 829 Millwood, stated he purchased his property through George Johnson, Realtor. Mr. Johnson stated there would be no problem with the buffer zone. He feels this rezoning would increase traffic on Lewis and Millwood. Mrs. Eldon Toll, 843 Millwood, was concerned about the safety of their children at the intersection of Lewis and Millwood. She appealed to the City Commissioners for the safety of their children. Mr. Shelby Willis, 840 Millwood, mentioned that all Riker Manor was Zoned "A". When about 85% of the development was completed, all of blocks 9 and 10 were "A", but were rezoned to "D", except the South 65 feet of these 2 blocks. This was to be left as a buffer strip. Mr. Willis said there has been criticism that we are unwilling to compromise. We have already compromised. Mr. Willis also mentioned that all previous Commissioners were against spot zoning, and he feels that rezoning these certain lots to "EE" is spot zoning. He urged the Commissioners to return the petition to the Salina City Planning Commission for their reconsideration. Mrs. June Jennison was concerned about a tavern in this particular area if the area is rezoned to "EE". Ron Williamson, 1010 Manor Road, mentioned that the residents are not willing to compromise. He feels the residents compromised a lot when they agreed to the rezoning to District "D". Mr. Earl Morgan, 823 Millwood, stated, when he purchased his lot from Mr. Riker, Mr. Riker assured him there would be a buffer zone and the Commission approved the plan of the buffer zone. He continued, this is a matter of governmental ethics and morality. If the City Commission accepted the plat with a Buffer Zone in it, they did it with the intent that it remain that way in perpetuity. Mr. Larry Dunlap stated that all the discussion heard today, had been heard by the Salina City Planning Commission. These people are trying to control property they don't own and he feels that his business should be allowed in the particular location. The City Commission had rezoned his competition's land to "EE" a couple of blocks north. He feels that by rezoning to "EE", he is required to put up a 25 foot screen in this 65 foot buffer strip, and the rest would be paved for parking; and that most of his business is by telephone and would not be creating any more traffic. Commissioner Weisgerber asked the City Planner if he had any comments. The City Planner stated that the Salina City Planning Commission's responsibility is to establish the highest and best use of the land. He does not feel the Salina City Planning Commission has mislead these people. Mr. Darnell said the Master Plan shows this land is for commercial use. Our records are open to the public and, perhaps, it was an oversight that we did not advise them that George Johnson and his client submitted certain testimony to the Planning Commissior We do not have a "Buffer Zone" classification. This property is zoned "A" residential abutting a commercial zone. The staff and an abstracter have been unable to find any record that would cloud the title on this property. The Planning Commission cannot take covenants or agreements between owners into consideration. This has been a reoccurring problem and the Salina City Planning Commission would like to settle the problem once and for all. He feels that the District "EE" would establish a 20 foot buffer zone and would be the best solution to the problem. We have in no way tried to deceive or mislead the residents on Millwood. The City Planner said there has been no talk concerning the legality of the • buffer zone, that this is a no man's land. Who is responsible for it? Commissioner Weisgerber stated that this problem is going to come up time after time and maybe we should establish a buffer zone. We will have different Planning Commissioners and City Commissioners. We need some type of buffer zone. Mrs. Karen Williamson stated they had made several compromises when the property on Roach and other areas were rezoned to District "D". Mr. Larry Dunlap said a compromise was attempted to have some type of agreement, like they have on Roach. The residents did not agree to this. They answered they want it left the way it is in District "D". The Mayor was under the impression that the present 65 foot strip was not going to be used. Mr. Willis stated that all proposals have been using some of the 65 feet. The City Planner stated they were considering a 20 foot buffer zone, but this was not acceptable to the residents. Commissioner Ashton asked Mr. Dunlap if he could use the land without using any of the buffer strip. He said, "No, his business has to be in 'EE' zone because it is a wholesale operation". Mr. Ron Williamson stated, when Mr. Dunlap purchased the property, he knew it was zoned "D" and "A" and he was very well aware of this. Mr. Dunlap said, "Yes, he know this, but Central Supply bought their land zoned "D" and had it rezoned 'EE' with no problems". Commissioner Losik moved that the petition for rezoning be denied and the protest petition be approved. C D� The City Attorney said that, according to law, this had to be referred back to the Salina City Planning Commission once for their reconsideration before the City Commission can reverse a recommendation of the Planning Commission. A motion was made by Commissioner Losik, seconded by Commissioner Cooper to refer the petition back to the Salina City Planning Commission on the basis of the protest of all the people present today. Ayes: (5). Nays: (0). Motion carried. Commissioner Cooper asked the City Planner if we had any "EE" backed up to "A" zone now. The City Planner said, "No, it is a relatively new zone of only about 4 months" A LETTER was received from the Salina City Planning Commission recommending the approval of Petition Number 3212, filed by George Wallerius, for the rezoning of all of Blocks 2 and 3, Wallerius Addition from Districts "D" and "A" (Local Business and Second Dwelling House District) to District "D" (Local Business District). A motion was made by Commissioner Cooper, seconded by Commissioner Losik to accept the recommendation of the Salina City Planning Commission and approve the petition for rezoning and to introduce an ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. i Ordinance Passed: �,�, I 19a Number: � 1 `j 3 A LETTER was received from the Salina City Planning Commission recommending the approval of Petition Number 3216, filed by Wayne Wise, for the rezoning of Lot 5, and the North 35 feet of Lot 4, Block 1, Holiday Addition from District "D" (Local Business District) to District "EE" (Local Service District). A motion was made by Commissioner Ashton, seconded by Commissioner Losik to accept the recommendation of the Salina City Planning Commission and approve the petition for rezoning, and to introduce an ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: %iqy i A LETTER was received from the Salina City Planning Commission recommending the denial of Petition Number 3219, filed by Dan Bolen, for the rezoning of the East 50 feet of Lot 4, Surveyor's Plat 8, from District "D" (Local Business District) to District "EE" (Local Service District). The City Clerk said that Howard Engleman called, stating that he is the attorney for Mr. Bolen, and would be out of town, and would like to have the Commission table the item for one week. Commissioner Cooper stated Mr. Bolen also made the same request to her. A motion was made by Commissioner Cooper, seconded by Commissioner Losik to table for one week. Ayes: (5). Nays: (0). Motion carried. AN APPROPRIATION ORDINANCE was introduced and passed entitled: "AN ORDINANCE making an appropriation for the payment of certain claims". (Bills - $265,675.73) A motion was made by Commissioner Losik, seconded by Commissioner Ashton to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Cooper, Losik, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered A-1615. AN APPROPRIATION ORDINANCE was introduced and passed entitled: "AN ORDINANCE making an appropriation for the payment of certain claims". (Payroll - $104,727.34) A motion was made by Commissioner Losik, seconded by Commissioner Ashton to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Cooper, Losik, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered A-1616. COMMISSION AGENDA None PUBLIC AGENDA PETITION NUMBER 3225 was filed by Iva Salmon for a street light on a vacant pole between Third and Front Streets on Antrim. A motion was made by Commissioner Ashton, seconded by Commissioner Losik to refer the petition to the City Engineer to be checked. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE Application was filed by Walgreen Drug Stores, 2450 South Ninth Street, Melvin Douglas Ford, Manager. (New for package sales only) Commissioner Cooper stated she would like to see this beer license application tabled for one week because, to her knowledge, there had never been a beer license issued to a drug store, and this would be setting a precedent. The City Attorney stated he did not know if there is a law against it, but he would research it. A motion was made by Commissioner Cooper, seconded by Commissioner Losik to table the application for one week. Ayes: (5). Nays: (0). Motion carried. A REQUEST was received from A. L. Botts, 301 South Eighth Street, for a permit to operate a cab service within the City Limits of Salina, Kansas. Permission is requested for one cab. Mr. Botts was present and stated that his letter had been in his file since 1968, and he wanted to resubmit it, but he didn't want any action taken until October, 1972, and he wanted to withdraw it. A motion was made by Commissioner Losik, seconded by Commissioner Cooper to accept the request to withdraw the request. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Cooper, 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