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08-27-1973 MinutesCity of Salina, Kansas Regular Meeting of the Board of Commissioners August 27, 1973 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, August 27, 1973, at seven 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: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: None The Minutes of the Regular Meeting of August 20, 1973 were approved as mailed. THE MAYOR PROCLAIMED the Week of September 3 through 9, 1973 - "UNION LABEL WEEK." The proclamation was read by Russell Caswell, President of the Salina Central Labor Union. STAFF AGENDA BIDS WERE RECEIVED for sidewalk improvements on Cloud Street and Lewis Street. (Engineering Project 73-559) James A. Heckert, Contractor $2,655.00 Smoky Hill, Inc. 2,769.50 Stims & Footing of Salina 2,770.20 Engineer's Estimate 2,804.00 A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to accept the low bid of James A. Heckert, Contractor, in the amount of $2,655.00, providing it meets the specifications of the City Engineer, and to introduce the contract ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE authorizing and directing the officers of the City of Salina, Kansas, to call a special election in said City for submitting to the qualified electors of said City the proposition to authorize the issuance of General Obligation Bonds of the City of Salina, Kansas, under the provisions of K.S.A. 12-1736 et seq. in the amount of $4,800,000 for the purpose of acquiring and constructing the Salina Memorial Center to consist of the old courthouse site and adjacent properties upon which will be constructed and equipped an arena type recreational building, repairing, remodeling, furnishing and equipping the existing Memorial Hall building and constructing a pedestrian tunnel to connect the recreational arena to the Memorial Hall Building." A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8300. The ordinance was introduced for first reading August 20, 1973. THE CITY ENGINEER filed Plans and Specifications for Engineering Project 73-560 for the Community Theatre Site Improvements. A motion was made by Commissioner Losik, seconded by Commissioner Usher to accept the Plans and Specifications as filed by the City Engineer and to set the date of September 10, 1973 as the date to receive bids for the improvement, and to instruct the City Clerk to publish notice in the official city newspaper. Ayes: (5). Nays: (0). Motion carried. t3 A LETTER was received from the Metropolitan Planning Commission recommending the approval of Petition Number 3320, filed by Mr. Gerald Knowles for the annexation of a tract of land in the SWµ of Section 19, Township 14 South, Range 2 West. A LETTER was received from the Metropolitan Planning Commission recommending the approval of Petition Number 3321, filed by Mr. Gerald Knowles for the rezoning of a tract of land in the SW4 of Section 19, Township 14 South, Range 2 West from District "A" (First Dwelling House District - County) and District "A" (Second Dwelling House District - City) to District "DD" (Office District), subject to platting. Mr. Gerald Knowles, the petitioner, was present and explained that the rezoning and annexation request is to permit a one doctor office building, then as the need arises, to add more office space. Mr. V. F. Lundberg, said he ownes the 20 acres directly south of Mr. Knowles property. He explained the intended use of his property would be for a retirement area owned by the Association of Retired Personnel, commonly known as ARP. They have arranged for private financing of about 2 million dollars, and would have been in the process of building except all rent subsidies are being withheld. He said there is no government money involved, but they cannot proceed on technicalities until the President raises the retirement subsidies which was established about 18 months ago. Parkwood Village to the South is already zoned commercial, and he said they will be asking for commercial zoning next to Cloud and Ohio. He also mentioned that FHA will not approve loans for housing in this area because of their restrictions on building on the flood plane. He said conventional loans means an increasingly large down payment. Mr. Gordon Fiedler, Realtor, contradicted the last statement, and said most of the property is now being financed through NBIT which requires 5% down, with a loan on the remaining 95%. Dr. Jerry Mathis said he has been here three years. When he came to town he had a difficult time finding available office space; but finally found some in the United Building, but there is a parking problem. He said he has in mind an aesthetic, expandable medical facility for doctors and dentists. Mr. Cecil Knight, 1008 East Beloit, said he talked with Dr. Jenkins, a past member of the Metropolitan Planning Commission, who said his frank opinion is that it should be left as wheatland. Margaret Friebus, 1015 East Claflin, said the residents in the area wish the area to continue in a residential zone, "Not necessarily single dwelling, but at least residential." She said there are 9 properties on the residential side of Ohio in the legal protest area, and of those 9, 7 property owners signed the protest petition which she presented to the Commissioners. (The petition was later numbered 3345.) Keith Rawlings said thirteen letters were sent to property owners within the legal protest area. Mr. Jim Torrey, 1006 East Ellsworth, feels the rezoning of this 4 acre tract would be "spot zoning". He suggested the City Commissioners wait until the new land use plan has been completed so it can be used as a guide for any rezoning. He also asked the City Commission to deny the two petitions, known as the Knowles Petitions. Commissioner Caldwell moved to table the petitions until the City Commission, the staff, and the Planning Commission members get a better clarification as to what is best for the petition itself and for the rezoning. The motion was seconded by Commissioner Losik. Commissioner Usher asked the City Attorney the procedure, since the filing of the protest petition. The City Attorney explained the property could not be rezoned by a simple majority of the City Commission. With the filing of the protest petition, it would require a 4/5 vote of the Commission. Commissioner Losik commented, "We hired a consultant to set up the land use plan for us. I agree 100% with Mr. Torrey, I think we have a responsibility to hold up on this until such time as a current land use plan is available to us. ... In keeping with what you are saying Bob, I would like to table this thing as long as we legally can and if need, to go further than that and hold up on any and all land annexation and rezoning of new land until such time as we get a new land use plan." Commissioner Usher commented, "Both sides want an answer tonight. It is going to go against somebody if we do vote on it. They do have the option to proceed in another direction, and I just can't see what tabling this is going to resolve." Commissioner Cooper said, "I believe, rather than tabeling it, I would like to see the Planning Commission and the City Commission temporarily declare a moratorium on future annexations and sensitive zoning problems until such time as the Oblinger-Smith planned study has been finalized." Commissioner Caldwell said, "I would not like to put a moratorium on the Planning Commission because there are some instances that will come up that I feel will curtail the progress of the City and will have to be taken care of. I am only concerned about this one issue." Mayor Weisgerber said, "Let me make a few comments. I am probably not going to be very popular with anybody. In the first place, in times past when this Commission is faced with a room full of people who are all on one side of the project, has had a great deal of difficulty bucking the pressure, so to speak, so tonight again we look for a dodge instead of facing up to this particular thing, and I have to confess to being completely mystified by a great many of you people who are out there whom I know, and I know where you live, how in the world you can feel that a nice, well planned, well built area with a doctor's office can possibly, in any way, be anything than an asset to that general area. Many of you are blocks away from this. Even if it was bad, it wouldn't effect you one iota, one way or the other, I don't think it is bad. I think it is good. It shouldn't tie with any other project out there. It is not spot zoning in a sense that it will go together with the Nazarene Church to make what might be called a buffer zone if you want to call it that, against areas to the South. It is not a commercial project as such, it is not business, so it isn't commercial. The Planning Commission does have to take a stand on these things from day to day, it isn't possible to put off utterly dozens of requests until some future date and they are going to be delayed now in their planning because of changes on the Planning Commission. I know for myself, if I lived out there, I wouldn't mind having it next door to me, and I feel completely deceived, why there should be such a terrific protest against a doctor's office in the area. It just isn't logical. I can't see where it is. Now granted I am going to lose the vote tonight, but I think if you would really look at this thing squarely, as to what is being requested, as to where you really stand in this, you might take a little different view of it rather than it has been this way where everybody is stirring everybody else up, and everybody signing petitions and the whole neighborhood is organizing to block this particular thing. Really it is difficult to understand." Commissioner Caldwell said again he did not want to table the matter until the land use plan has been completed, he just wanted to table it for study. Mayor Weisgerber asked if he wanted to set a time. Commissioner Caldwell said he didn't because there won't be a meeting for 2 weeks, and there is ample time to study it. Mr. George Etherington asked the City Commission to accept a petition in favor of the rezoning, since they accepted one against it. He said he represents 164 acres of land surrounding the property which has requested rezoning. (The petition was later numbered 3346.) Mayor Weisgerber called for a vote on the motion. Ayes: Caldwell, Cooper, Losik (3). Nays: Usher, Weisgerber (2). Motion carried. A LETTER was received from the Metropolitan Planning Commission informing the City Commission that it voted to stand on its original recommendation as it regards Petition Number 3333, filed by Francis E. Baringer. The original recommendation was to deny Mr. Ba ringer's request to change the name of the circle on the north side of East Crawford Street from East Crawford Street to Rolling Hills Circle, and to substitute instead the name of East Crawford Circle. Mr. and Mrs. Francis Baringer were present again regarding this petition. They still feel the street deserves a name of its own. Mr. Ernest Dill is in the process of buying a home in the circle from Mr. Baringer and is in favor of the name being changed to something besides East Crawford Circle. Commissioner Cooper said she had talked to Mr. Rawlings and a member of the Planning Commission. She said she was told that the Planning Commission had a rule or policy to name cul-de-sacs the same as the street which it joins, but they would permit a suffix such as "circle", "terrace", etc. Mr. Rawlings apologized if he had misled her, but waid he was not aware of this being a Planning Commission policy, but it is a "planning principle". After a short discussion, a motion was made by Commissioner Losik, seconded by Commissioner Usher to go against the recommendation of the Metropolitan Planning Commission and approve the street name change to Rolling Hills Circle, and to introduce the ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: _ Number: A LETTER was received from the Metropolitan Planning Commission recommending the approval of Petition Number 3336, filed by A. B. Seelye Company, Inc., requesting annexation of Country Hills Addition Number 2. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to accept the recommendation of the Metropolitan Planning Commission and approve the petition. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the Metropolitan Planning Commission recommending the approval of Petition Number 3337, filed by A. B. Seelye Company, Inc., requesting the rezoning of Lots 1, 2, 3, 4, Block 1, and Lots 1 and 2, Block 2, Country Hills Addition Number 2, from District "A" (Second Dwelling House District) to District "C" (Apartment District), subject to platting. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to accept the recommendation of the Metropolitan Planning Commission and approve the petition for rezoning, subject to the approval and registering of the final plat. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the Metropolitan Planning Commission recommending the approval of Petition Number 3338, filed by Morrison Grain Company for the rezoning of a tract of land in the NEr, of Section 11, Township 14 South, Range 3 West of the 6th P.M. from District "A" (Second Dwelling House District) to District "F" (Light Industrial District). A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to accept the recommendation of the Metropolitan Planning Commission and approve the petition for rezoning, and to introduce the ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: COMMISSION AGENDA Number: "APPROVAL OF THE 1973 'AUDIT CONTRACT' WITH WOODS AND DURHAM". (Sponsored by Commissioner Usher. A motion was made by Commissioner Usher, seconded by Commissioner Losik to approve the Audit Contract with Woods and Durham for the City of Salina 1973 Audit. Ayes: (5). Nays: (0). Motion carried. --- "REVIEW OF WAYS AND MEANS TO IMPROVE EAST CRAWFORD". (Sponsored by Commissioner Cooper) Commissioner Cooper said, "I think the Commission can fairly state that this is a problem that we inherited. It was here when I showed up and I think it was here long before that, and the reason it is on the agenda at this time is because of the fact that the traffic volume is certainly increasing. The new developments are going in and the situation isn't improving, it is getting worse. I would like to propose that this Commission, to get this East Crawford Street project off dead center, that we try to make the improvement in the usual manner one more time, in other words charge the property owner the regular residential rates, and if it is petitioned out, then we try to proceed on the basis of possibly special legislation, declaring Crawford and whatever other street in the community, according to Engineering and Traffic, would be main arterial thoroughfares. As I understand it, this makes for different funding for improvement and maintenance of these streets, but before we would seek special legislation for this, I would also like to see the City Commission hold something like an East Crawford or main thoroughfare public hearing type of thing so that the community would be well aware of the cost they they would be obligating themselves for if these main streets were the financial responsibility of the city -at -large. What we would be doing if we had this and if it were acceptable to the City, I don't see any reason why the Commission wouldn't be agreeable to it, but the people in the community should know that this would be another area that might be considered a tax forgive- ness. We have areas at the present time of tax forgiveness that for various reasons we find necessary, this may be one of them, but I think that the people should know that if the property on East Crawford again declines to pay those regular residential rates for the street improvements, and we do get the special legislation, this is something that will be with us from now on, we won't be doing it for the next 5 or 10 years, in all probability these streets will be the obligation of the city -at -large, period. So this is what I am primarily proposing at this time, that we try to do it in the usual manner and see what comes back to us. It is a possibility that some of the thinking of the people on that street have changed, but we won't know until we have tried it." After a short discussion, a motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to adopt a Resolution entitled: "A RESOLUTION directing the City -- Engineer to prepare a Feasibility Report relative to the advisability of the installation of certain street improvements within the City of Salina, Kansas." (East Crawford Street) 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 3158. 1 1 1 PUBLIC AGENDA A REQUEST was received from Leon Ashton for authorization to remove 100 feet of curbing on the north side of Illinois Street from Hancock Street to the alley East, to allow diagonal off-street parking for the employees of the new building now under construction. A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to refer the request to Engineering and Planning for a recommendation. Ayes: (5). Nays: (0) Motion carried. A REQUEST was received from John Deere, School Specialty, and Salina, Inc., to develop preliminary plans for water and sewer service to their properties located between the Union Pacific Railroad and Old US 81 Highway, South of the South Industrial Area. A motion was made by Commissioner Usher, seconded by Commissioner Losik to refer the request to the Engineering Department for a report. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE License Application was filed by Lenore Garcia, d/b/a EI Rancho, 1601 North Ninth. (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. The applicant is asking for approval of the license subject to the final approval of the Health Department. A motion was made by Commissioner Losik, seconded by Commissioner Usher to approve the license application subject to the final approval of the Health Department, and authorize the City Clerk to issue the license at that time. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the Board of Education requesting exception to license requirements as provided for in Section 9-130 of the Salina Code. A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to refer the request to the Building Code Advisory Board for a recommendation. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Losik, seconded by Commissioner Caldwell that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. a2��� D. L. Harrison, City Clerk