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06-05-1972 MinutesCity of Salina, Kansas Commissioners' Meeting June 5, 1972 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, June 5, 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 Jack Weisgerber, Chairman presiding Commissioner Leon L. Ashton Commissioner Robert C. Caldwell Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. 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 Mayor asked for approval of the Minutes of the Special Meetings of May 22, 1972, May 26, 1972, May 30, 1972, and May 31, 1972. Commissioner Cooper said Line 35, Page 5 of the Minutes of the Meeting of May 22, 1972 should read as follows: "differences that the County Commission may have had in regard to the County Employees." The Minutes of the Special Meeting of May 22, 1972, were approved as corrected. The Minutes of the Special Meetings of May 26, 1972, May 30, 1972, and May 31, 1972, were approved as mailed. STAFF AGENDA THE CITY COMMISSIONERS considered a Resolution entitled: "A RESOLUTION of the City of Salina, Kansas, approving Community Renewal Program Number Kansas R-53 (CR) and determining that it conforms to general plan of locality." Commissioner Losik said he would like to have another review of this prior to the adoption of it, for two reasons; it is a very large document, and he said they had only one hour of briefing on it, and the recommendation from the Director of Planning says it was reviewed by the Planning Commission in February of 1969. He said he would like to recommend they run another review of it to make sure this is their thinking on it today, and that he would like to have them look it over again within the next 30 days, before they proceed at this time. Mayor Weisgerber asked if copies are available? He said the logical thing to do is for the Commission to have copies and look it over ahead of the meeting. The City Manager said we have run into a chicken -egg situation. We felt even though this approach gives you only an overview of the project, we should do so before going to the printer. We could have gone to the printers and if there are any amendments you want to adopt, you can amend it anytime later. Mayor Weisgerber commented that this is just a guide document. It is not law, and no ordinance. The City Manager said it is a general guide, and he said he really didn't know if there is anything in the report that anyone would take exception to. There are always alternates, and these always are subject to modification and changes. The City Planner said the way the contract reads, the document would be in a permanent binder. The reasoning for this is that the consultant would defend his product on his data and his conclusions for the City. When we get into amendments, they are put in supplemental form and it is the City's responsibility to defend the supplement or amendments. The City Planner continued that this has gone on so long, C R P does call for having the consultant meet with the City Commission and the Planning Commission for "X=' number of meetings, and after that, his responsibility in the contract is fulfilled, and he would go on a per diem cost. HUD cleared out their file and any expenditures incurred after June 1st would be totally at the City's expense. The last meeting with the consultant i .-.. was free gratis, but it worked out to both our advantages. i He continued by saying if we go back through the review process, and get into a very lengthy review process with the Citizen's Advisory Committee ... did you just want to I go through this yourselves or did you want it to go back to the various committees also? Commissioner Losik said his feeling is that if it was reviewed in 1969, certainly there have been some changes and new thinking in planning. He said he would like the Planning Commission to look at it again, and he said from his standpoint he would like to look at it a little bit more. He said he would hate to think that we, by Resolution, would approve this thing after looking at four books, with only an hour of briefing on it, and since we are not fighting a deadline here, he said he doesn't think another 30 days would hurt anything. The City Planner said they will make arrangements with KWU to borrow their copies of the document for the City Commissioners to read. Commissioner Cooper said she felt it would be helpful to the Community Renewal Program to have the Planning Commission have another look at this, and also the present Citizens' Advisory Committee. Commissioner Ashton commented that Tom won't be here in 30 days, and suggested it I be accepted here today, and then if there are any amendments, it could be done later. Mayor Weisgerber said this doesn't tie in with the other projects. All that is involved is the consulting people would like to get their final 10 percent. The City Planner said HUD has completed the audit of the financial part of the program, and he said he could see no reason a review of this type wouldn't be in order. i A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to table the matter for 30 days for a review by the Salina City Planning Commission, and that copies are to be furnished the City Commissioners, and that the Citizens' Advisory j Committee be advised of it. Ayes: (5). Nays: (0). Motion carried. _ i AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE adopting the 1972 Accumulative Supplement to the Uniform Building Code, amending the 1970 Edition of the Uniform Building Code Volumes I, IV, V and the standards for Volume I, which regulate the erection, construction, enlargement, alteration, repair, moving, removal, conversion, j demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures; provide for the issuance of permits and collection of fees therefor; declare and establish the fire district and provide for penalties for violation thereof, amending Section 9-18 of The Salina Code and repealing the said 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, Caldwell, Cooper, Losik, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8226. The ordinance was introduced for first reading May 31, 1972. A LETTER was received from the SALINA CITY PLANNING COMMISSION recommending the approval of Petition Number 3235, which was filed by Presley Builders, Inc., requesting the annexation of approximately 31 acres of land east of Ohio, between Albert and Cloud; with zoning of Lots 3 through 7, Block 1; Lots 2 through 5, Block 6; and Blocks 8, 9, 10, Parkwood Village Addition to be District "C" (Apartment District - Community Unit Plan); and Lots 1 through 11, alternately, Block 2, Parkwood Village Addition to be District "B" (Two -Family Dwelling House District - Community Unit Plan) to be established at the time of annexation The City Planner spoke with the City Commissioners and showed them a map of the a rea A motion was made by Commissioner Caldwell, seconded by Commissioner Ashton to accept the recommendation of the Salina City Planning Commission and approve the petition, and to introduce the annexation ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: �,, 1, _ �2 riga z Number: �2 2- A A LETTER was received from the SALINA CITY PLANNING COMMISSION recommending the _ approval of Petition Number 3237, which was filed by Presley Builders, Inc., requesting the f rezoning of Lots 1 and 2, Block 1; Lot 1, Block 6; and all of Block 7, Parkwood Village } Addition from District "A" (Second Dwelling House 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 introduce an ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ord i nance Passed: I ,LVAI 12" 0q1 i_ Number: g22 Q Apw` I I i A LETTER was received from the SALINA CITY PLANNING COMMISSION recommending the denial of Petition Number 3242, which was filed by Dale Hoag, requesting the rezoning of Lots 15, 16, 17, Block 6, Rolling Hills Addition, from District "A" (Second Dwelling House District) from District "C" (Apartment District). Commissioner Losik asked what the basis was for the recommendation to deny the petition. The City Planner said the petitioner did not own the total portion of land; there were two lots right on Crawford which were not involved; plus the fact that there was considerable protest in the area. The protest petitions were of sufficient size to require a four-fifths vote by the City Commission for approval. The City Planner added that this area was originally platted for single family use. This seemed to be their intent and we tend to get into a lot of social unrest in an area when we begin to break up the continuity and history of the property. There was history of duplex zoning in that area, but it reverted back. He added the Planning Commission did deliberate on it quite a while. A motion was made by Commissioner Ashton, seconded by Commissioner Caldwell to accept the recommendation of the Salina City Planning Commission and deny the petition. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the SALINA CITY PLANNING COMMISSION recommending the denial of Petition Number 3245, which was filed by Phil Martin, requesting the rezoning of approximately 21.75 acres of land south of Crawford, west of Roselawn Memorial Park Cemetery and east of the Smoky Hill River, from District "C" (Apartment District) to District "D" (Local Business). Commissioner Losik commented, "There is quite a bit of controversy in that area regarding the community unit plan, which of course, is constantly and though we don't want to deviate from it, our demands have been such recently, that there have been variances from that. Part of this 21.75 acres is flood plain land. I don't know what could be utilized as an economical utilization of part of that. Now there is also a problem in that area that we had to refer another request back to Planning until such time as the right-of-way was established in this area, so my recommendation would be to refer this back to Planning and perhaps this whole area could come out of Planning with their recommendation, after some of these problems have been resolved. I recommend that we submit this back to City Planning Commission. Maybe it could all be handed down at one time." Mayor Weisgerber asked what Mr. Martin really has in mind for this area? The City Planner said he does already have Christmas trees in this flood plain area. We have approved the Community Unit Plan that allows him to count part of this flood plain as recreation space for this future Community Unit Plan apartment type operation. Evidentally, since then he has had a change of mind and wants to utilize about half of his total acreage above the flood plain as some commercial type useage. He actually mentions the sales of Christmas trees, but there is enough land there, that he could have a fairly sizeable shopping center type thing. There is much more than he needs for the sale of Christmas trees. Mayor Weisgerber asked if he does have in mind more than the sale of trees. The City Planner said he didn't know if that is what he had in mind or not, but he has plenty of land there to sell trees in commercial zoning, as he requested. Commissioner Losik said, "Along the same line, on this, the reason I'm saying this., We have that whole area. I think this would be a time for Planning to look at that whole area together because if we were to go ahead and do something other than deny the request east of that, or approve it even, we would be creating a situation here. I think all of it has the same overall consideration that has to be given to it, and this is my thinking that Planning should take that whole strip and maybe come up with something on land use, based on what the people there would like to have." Commissioner Losik also asked if there were any protests on this? The City Planner said the Planning Commission did not have any official protests. Commissioner Losik asked Mr. Darnell if it is his opinion that this is the logical way to solve that whole area. The City Planner said that since there have been these isolated individual cases, they could go back and do a comprehensive study, taking that whole area back for approximately 3 - 4 hundred feet on each side of the road, and work up some recommendations on how it should fit together, and what the demands are and what the problems are, and that type of thing. He added that in other areas, it has been very effective, because it ties it all together in a much neater package. Mayor Weisgerber asked if this will tie in with the right-of-way. The City Planner said it would. Commissioner Losik moved that it be returned to Planning for review for the whole area, the right-of-way, and so forth. Mayor Weisgerber asked if it were to be returned with any specific recommendations. Commissioner Losik said no, for their review and to work it out as a whole package with the other areas pending. The total area. The motion was seconded by Commissioner Cooper. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the SALINA• CITY PLANNING COMMISSION recommending the approval of a site plan presented by Vance Miller, for a proposed improvement in the Northeast Industrial Park urban renewal project, Kansas R-29. Commissioner Losik said if this meets with the Planning Commission criteria, I move that we accept the Planning Commission recommendation and approve this. The motion was seconded by Commissioner Cooper. Mayor Weisgerber asked Mr. Werth if this is OK, according to Urban Renewal requirements. Mr. Werth said, "Yes, and the sale is contingent on your approval." Commissioner Ashton asked Mr. Miller if, when they construct this building, they have made any plans to reface or upgrade the present building? Mr. Miller replied that they had the Inspection Official make an inspection of the building, and he gave them a list of their requirements, and he said they have agreed with Gamble Robinson that these repairs will be made to bring it up to the City Code. He said there are requirements also, with Urban Renewal, that any building that is to be left in this area must be brought up to requirements, and this has already been agreed. Commissioner Ashton asked if the new building will be located east of the present building. Mr. Miller replied that it would, and in fact they would be tied together. Commissioner Ashton again asked if it would be refaced so that it ties in as one building. Mr. Miller replied that they are going to close the openings with face brick and put in new doors. There are not any plans to face it in order to tie it all together, just the minimum requirements with good face brick, and close the unsightly windows, and clean up the mess in the back, and do the things required to bring it up to Urban Renewal requirements. The Mayor called for a vote on the motion. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the SALINA CITY PLANNING COMMISSION recommending the approval of a site plan presented by Bennett Pontiac, for development of an automotive body repair shop and the denial of a request for an exception to the Urban Renewal Plan requirement for paving the parking area, in the Northeast Industrial Park Urban Renewal project, Kansas R-29. Mr. Harold Morris said they propose to put a body shop in on North Ohio. They have been before the Planning Commission twice to get approval of a waiver of the Urban Renewal requirement for asphalt paving of the parking area. He said they have proposed -- a gravel surface in the drive, because they do not feel there will be sufficient traffic to justify the added expense of asphalt paving, and would like to have it waived. Commissioner Ashton asked about the difference of cost. Mr. Morris said about $3,500 for asphalt surface of the total project versus crushed rock. He said there is a 322' setback with a concrete drive to there, then crushed rock will be from there on. 1 1 Mr. Morris explained that there will be 7 employees, and approximately 30 customer cars each week, and they don't feel that is enough traffic to require the added expense of asphalt paving. He said they would like to put that added money into the building. Commissioner Cooper asked if the requirements are the same for all the property in the Northeast Industrial Park? Mr. Werth, the Urban Renewal Director, said the requirements are the same, however there is a stiuplation that the paving requirement could be waived by the Planning Commission. He said he sent a letter to suggest 32Z' of the approach be paved, and Urban Renewal would be agreeable to having the rest of the lot in crushed rock or gravel. Mayor Weisgerber asked about any change in operation later. Mr. Werth said if there is any use change, it must be with Urban Renewal Agency approval. Commissioner Losik asked about the basis of the decision for denial of the request. The City Planner said Ohio Street is prime land in the urban renewal area, and the standards should be strictly adhered to. The Planning Commission did not want to lessen the standards up and down Ohio Street. Commissioner Ashton moved to refer this back to Planning with the stipulation that they get together and see if something can be ironed out between them; because he said he feels very strongly that the gateway to this area is important, and he said he thinks it will help revaluate and sell portions of this land to other people, if we have a good gateway. He added he thinks possibly there is some way we can coordinate our thinking, something the Planning Commission will approve and yet will be a realistic expense for the people who are trying to build there. The motion was seconded by Commissioner Losik. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3250, which was filed by Raymond Houck for traffic control signal light at the intersection of Crawford Street and Hancock and Montrose. The City Engineer, in his written report, recommended that signalized traffic lights not be installed at this intersection, at this time. Commissioner Ashton said he is very concerned about this particular corner. He said this is a reasonable survey, complete, and very conclusive, and is right as far as denying the petition for a traffic signal, and moved to accept the City Engineer's recommendation and deny Petition Number 3250. Commissioner Cooper seconded the motion. Commissioner Losik said this thing keeps coming up and the surveys and everything show that lights, in themselves, are not proper. Is there anything that is feasible to do in that area, or do we just say that is the way it is and there is nothing we can do with it? The City Engineer explained that part of the problem is that there is another stop sign less than a block away, and this also slows the traffic. He explained that, at the railroad tracks, there is a stop from both directions. It might help if there were no stop signs; however the westbound traffic is blind as it approaches the tracks. Commissioner Ashton commented that if people would stop at these stop signs, it would give enough break for cars to swing in on the same lane of traffic. If the drivers would come to a dead stop at that particular stop sign, there wouldn't be any problem. The Mayor called for a vote on the motion. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3253, which was filed by T. A. Lothman, for the installation of a street light in the 1100 block of Highland Circle, between Beloit and Sunset Drive on the east side of the street. The City Engineer, in his written report, recommended the street light be installed between Beloit and Sunset Drive, and it would coincide with a proposed master plan for the City. A motion was made by Commissioner Losik, seconded by Commissioner Cooper to accept the City Engineer's recommendation and approve the installation of the street light. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3254, which was filed by Gene R. Corn, for the removal of the "No Parking at Any Time" sign in front of the Dillons Store on Ninth Street as a customer service to One Hour Martinizing, 1501 South Ninth. The City Engineer, in his written report, recommended the sign be retained, and the petition be denied. Mayor Weisgerber asked if Mr. Corn was aware of the report, and asked if he had a copy. The City Engineer presented Mr. Corn a copy of the report. A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to accept the City Engineer's recommendation and deny the petition. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER reported on his traffic survey and study of the location of Broadway Boulevard and Cloud Street. The City Engineer, in his written report, did not recommend the installation of signalized traffic controlat the Broadway Boulevard, Cloud Street intersection at this time. Commissioner Losik said he either didn't get, or they were omitted, the accident sketches of this report. Commissioner Losik also said that there is no mention as to whether the width of Broadway was taken into consideration. The City Engineer said the accident reports do seem to be missing. He also said the width of Broadway was taken into account. It takes approximately 20% longer time to cross. Commissioner Losik said, "This width, in other words, we have the basic traffic count and guidelines on traffic flow, so there, from the standpoint of establishing the criteria for doing something in this particular area. Where we have the difference in the width, as the City Engineer stated, it takes 20% longer; then perhaps our application of accepted traffic patterns should be reconsidered to see if this extra width would justify signalized traffic lights there, at this time." Commissioner Losik moved that this be tabled for one week to look at the accident sketches. The motion was seconded by Commissioner Cooper. Ayes: Caldwell, Cooper, Losik, Weisgerber (4). Nays: Ashton (1). Motion carried. COMMISSIONER COOPER asked about the traffic study of Fourth Street, and asked if the City Engineer had been able to get with Mr. McConnell to discuss the alternates of the Fourth Street Study. The City Engineer replied they had tried to reach each other about five times, but had missed connections; but they would be getting together. THE CITY ENGINEER filed Estimate Number 2 for Engineering Project Number 72-542 for the improvement of Miscellaneous Streets, for Smoky Hill, Inc., in the amount of $34,559.23. A motion was made by Commissioner Ashton, seconded by Commissioner Losik to approve the Engineer's estimate. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER filed Estimate Number 1 for Engineering Project Number 72-543 for water main improvements, for Stevens Contractors, Inc., in the amount of $7,565.80. A motion was made by Commissioner Ashton, seconded by Commissioner Caldwell to approve the Engineer's estimate. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER filed Estimate Number 1 for Engineering Project 72-544 for Street improvements in Lakewood Park, for Smoky Hill, Inc., in the amount of $15,653.61. A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to approve the Engineer's estimate. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER filed Estimate Number 2 for Engineering Project 72-546 for the Demolition of Unsafe Structures, for Bob Albers Construction, Inc., in the amount of $2,520.00. A motion was made by Commissioner Losik, seconded by Commissioner Ashton to approve the Engineer's estimate. Ayes: (5). Nays: (0). Motion carried. D C 1 COMMISSION AGENDA THE CITY MANAGER AND STAFF reported on Capital Improvements. (Requested by Commissioner Losik on April 17, 1972) The City Manager gave each of the Commissioners a copy of the lengthy report. The City Manager said he wanted to state at the beginning that it is not complete. He explained that what he had given them was a summary of those capital improvements and their priority. He added that some are old and a few are new. He said that the report is not totally completed, but he thought this gives them the first round. He explained that they would be able to hit it harder this week and come out with a little different approach to the project request or the worksheet. It would be something that will give us a little follow up, history, and justification, and something written in more detail that the work- sheet they have in this first report. He explained that they would be going back and refining some of the figures and coming up with additional projects. He apologized for not having it in its final form, but he did say he believed.he gave them what they had asked for. The City Planner explained that this is a continuing program. It will actually be utilized, and updated annually or every 2 years. They asked that the City Commissioners notify them of any projects they want to add. Commissioner Losik moved to accept the report for study, with the additional report to be ready in 2 weeks. The motion was seconded by Commissioner Ashton. Ayes: (5) Nays: (0). Motion carried. THE MAYOR, with the approval of the City Commissioners, made the following appointments to various boards and commissions: Memorial Stadium Baseball Park Committee Jim Knight, reappointed for a 3 year term to April 3, 1975. Electrical Code Panel Phil Aldridge, Attorney, appointed for a 5 year term to April 6, 1977, to succeed William B. Stokes. Urban Renewal Aqenc Harold Eagleton, reappointed for a 4 year term to April 12, 1976. Salina Airport Authority Charles Heath, reappointed for a 3 year term to April 26, 1975. Bill Usher, appointed for a 3 year term to April 26, 1975, to succeed Edward H. Bell. Community Relation Commission J. Q. Rodriques, reappointed for a 3 year term to April 28, 1975 N. C. Grant, appointed for a 3 year term to April 28, 1975, to succeed George Johnson. Library Board Mrs. Cecil Beverly, appointed for a 4 year term to April 30, 1976, to succeed Mrs. Milton Morrison. Plumbers and Gas Fitters Examining Board Robert Parker, Journeyman Plumber, reappointed for a 2 year term to May 1, 1974. Public Welfare Board Very Rev. Frederic Litchman, reappointed for a 5 year term to May 21, 1977. PUBLIC AGENDA PETITION NUMBER 3255 was filed by L. F. Eaton for the placement of "No Parking" signs on both sides of Westport Boulevard to St. Louis Street in Westport Addition to the City of Salina, Kansas. A motion was made by Commissioner Cooper, seconded by Commissioner Ashton to refer the petition to the City Engineer. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3256 was filed by L. F. Eaton for the placement of street lights on Westport Boulevard to 150 feet north of St. Louis Street in Westport Addition to the City of Salina, Kansas. A motion was made by Commissioner Losik, seconded by Commissioner Ashton to refer the petition to the City Engineer. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE Application was filed by Merle A. Hodges, M.D. d/b/a The Ball Park, 1217 South Santa Fe Avenue. (New). Loren J. Slaughter, Jr., Manager. The City Clerk reported he had paid the license fee, it had been approved by the Police Department, and had been approved by the Zoning Officer, subject to Commission approval. The Health Department has not approved it yet, because there is more work to be done. The applicant requests approval of the license, subject to the Health Department's final approval. A motion was made by Commissioner Ashton, seconded by Commissioner Losik to approve the license subject to the Health Department's final approval, and instructed the City Clerk to issue a license at that time. Ayes: (5). Nays: (0). Motion carried. Commissioner Cooper asked, since these are accessory use licenses, if they had been run through the Police Department for varification that they are not exceeding the 50% allowed for beer. The City Manager stated that a certified statement was obtained from these businesses at the beginning of the year as to the percentage of sales for food and beer. Commissioner Losik asked about the frequency of the check on these businesses. The City Manager said the statements were received when the license was issued at the beginning of the year. Commissioner Losik asked if we have inaugurated a method of follow-up? The City Manager said we could give them notice that a follow-up can be expected at the end of six months or some other interval. The City Attorney said the Commission is justified to receive proof from them that they are a bona -fide cafe and that it is an accessory use, because of course, if they are not, you could not have granted a license in the first place. Commissioner Ashton said he did not believe the Commission should get involved in this checking. If they were qualified at the beginning of the year, this is adequate for that period for which the license is issued. The licenses are issued on a yearly basis, and this is just extra involvement. He continued that we approve a license for them for the whole year and stipulate that they submit a statement at the time that they stick to the requirements of the license, then that sticks for the whole year, until the renewal period, then any changes could be taken under consideration at that time. Commissioner Cooper commented that there were very few licenses that were marginal, but the other people must comply with the rules and she thinks there should be a checks system. Commissioner Ashton said their business is governed by so many rules and regulations he cannot see imposing any more on these people. A motion was made by Commissioner Ashton, seconded by Commissioner Losik that the regular meeting be adjourned. Ayes: (5). Nays: (0). Motion carried. 1 D. L. Harrison, City Clerk —