10-29-1973 MinutesCity of Salina, Kansas
Regular Meeting of the Board of
Commissioners
October 29, 1973
The Regular Meeting of the Board of Commissioners met in the Commissioners' Room,
City -County Building, on Monday, October 29, 1973, 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:
L. 0. Bengtson, City Attorney
Norris D. Olson, City Manager
D. L. Harrison, City Clerk
Absent:
None
The Mayor called for the approval of the Minutes of the Regular Meeting of
October 15, 1973,
Commissioner Losik asked that the minutes reflect the interest rate borne by the
Certificates of Deposit as opposed to No -Fund Warrants.
Line 10, Page 2 is corrected by adding "We now get 6.6% on Revenue Sharing Funds
and 5% for No -Fund Warrants."
The Minutes of the Regular Meeting of October 15, 1973 were approved as corrected.
THE MAYOR PROCLAIMED the Week of November 5, 1973 - "KANSAS WESLEYAN UNIVERSITY
WEEK". The proclamation was read by Mr. Duane Dyer, Executive Vice President.
STAFF AGENDA
A PUBLIC HEARING was held on the unsafe structure at 650 East Elm Street. The
hearing was established in Resolution Number 3159, which was adopted September 10, 1973.
No interested persons were present.
A motion was made by Commissioner Cooper, seconded by Commissioner Losik to
authorize the demolition of the building, and to place the property on the demolition list.
Ayes: (5). Nays: (0). Motion carried.
Commissioner Losik asked about the status of the other properties to be
demolished.
The City Engineer replied there are approximately 18 property, and if there is
money available in the General Operating Fund at the end of the year, they will be placed
on a list for bids sometime in December.
BIDS were received for the painting of the water tower at Belmont Boulevard and
Magnolia Road; and the water tower in Sunset Park. (Engineering Project 73-562)
Don Carter Painting Company, Cheney, Kansas $17,468.50
Engineer's Estimate 19,000.00
A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to
award the contract to the Don Carter Painting Company, as the low bidder, in the amount of
$17,468.50, providing it meets the Engineer's specifications. Ayes: (5). Nays: (0).
Motion carried.
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BIDS WERE RECEIVED for Equipment and Vehicles:
1. Two - Air compressors for the Street Department
Berry Tractor and:Equipment Company $9,287.60
State Industrial Supply Company 9,459.20
Victor L. Phillips Company, Wichita, Ks. 9,848.00
White Star Machinery and Supply Company, Wichita, Ks.10,603.10
Central Machinery, Inc. 13,050.00
2. One - 3 cubic yard street sweeper for the Street Department
State Industrial Supply Company 13,536.00
Sellers Tractor 14,700.00
3. One - 4 cubic yard street sweeper for the Street Department
State Industrial Supply Company 13,016.00
Sellers Tractor 13,700.00
4. Two - dump trucks for the Street Department
Long -McArthur, Inc. 8,550.00
Stewart International 9,751.38
Jim Sullivan Chevrolet, Inc. 9,994.98
S. One - Truck and Aerial Manlift for the Park Department
Vulcan Manufacturing, Inc. 15,237.64
Long -McArthur, Inc. 15,368.00
Stewart International 15,986.18
Wright Tree Service, Des Moines, Iowa 16,999.00
Jim Sullivan Chevrolet, Inc. 19,748.84
Badger Body and Truck Equipment Company, Omaha, Nebr.20,262.00
6. One - Station Wagon for the Fire Department
Jim Sullivan Chevrolet, Inc. 3,774.42
Long -McArthur, Inc. 3,797.00
Bennett Pontiac 4,023.45
7. One - Tractor and Loader for the Park Department
Salina Farm Supply 4,710.00
Central Machinery 5,303.49
Wilkerson Equipment Company 5,385.92
Vahsholtz Implement Company 7,741.00
8. One - Tractor for the Cemetery Department
Salina Farm Supply 3,677.00
Wilkerson 4,885.80
Central Machinery (bid with backhoe and loader) 6,346.45
Vahsholtz Implement Company (bid with backhoe
and loader) 8,300.00
9. Two - 3/4 ton trucks for the Water and Sewerage Department
Stewart International 5,972.62
Long -McArthur, Inc. 6,130.00
Jim Sullivan Chevrolet, Inc. 6,258.40
10. One - four door sedan for the Water and Sewerage Department
Jim Sullivan Chevrolet, Inc. 3,375.00
Long -McArthur, Inc. 3,425.00
Bennett Pontiac 3,497.15
A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to
award the bids to Berry Tractor Company for the air compressors; State Industrial Supply
Company for the 3 cubic yard street sweeper; State Industrial Supply Company for the 4
cubic yard street sweeper; Long -McArthur for the 2 dump trucks; Vulcan for a truck and
aerial manlift for the Park Department; Jim Sullivan Chevrolet, Inc. for the Fire Department
station wagon; Salina Farm Supply for a tractor and loader for the Park Department; Salina
Farm Supply for a tractor for the Cemetery Department; Stewart International for two 3/4
ton trucks for the Water and Sewerage Department; and Jim Sullivan Chevrolet, Inc. for a
four door sedan for the Water and Sewerage Department, providing they all meet the
specifications; and also to check that the money is available.
Commissioner Usher asked Mr, Olson if he has had time to evaluate the bids with
what has been set aside from Revenue Sharing.
Mr. Olson said he had not, but each needs to be checked against the specifications;
they will also be checked against the money available.
Mayor Weisgerber called for a vote on the motion. Ayes: (5). Nays: (0). Motion
carried.
Mr. Harris suggested the awarding of the bids be delayed until they can check into
the delivery time and that the Commission take this into consideration as well as the dollar
amounts.
A PUBLIC HEARING was held on the proposed assessments for the improvements in
Engineering Project 72-551:
The installation of concrete paving, curbing, guttering, water main,
sanitary sewer and storm sewer to serve all lots in Parkwood Village
Addition
as authorized by Resolution Number 3132, passed by the Board of Commissioners
on the 6th day of November, 1972.
There were no protests, and no changes were made in the proposed assessment.
A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to
approve the assessments and introduce the assessment ordinance for first reading. Ayes: (5).
Nays: (0). Motion carried.
Ordinance Passed: Number:
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE levying
special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas,
for the purpose of paying a portion of the cost of:
Sanitary sewer facilities to serve Lots 2, 3, 4, and 5
Brown and Brown Addition to the City of Salina, Saline
County, Kansas.
Sanitary sewer facilities to serve a tract of land in the
Southeast Quarter of the Northeast Quarter of Section
Thirty-five, Township Fourteen South, Range Three West of
the Sixth Principal Meridian in the City of Salina,
Saline County, Kansas."
(Brown $ Brown Addition and the 81 Drive-in Theatre -
Engineering Project 72-552)
A motion was made by Commissioner Usher, seconded by Commissioner Losik 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
8308. The ordinance was introduced for first reading October 15, 1973.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE establishing
Minimum Housing Requirements; defining terms, prohibiting certain acts; providing certain
procedures; amending Chapter Sixteen of the Salina Code and repealing the existing chapter."
Mayor Weisgerber asked if anyone present wished to comment. There was no response.
A motion was made by Commissioner Caldwell, seconded by Commissioner Usher 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 8309. The ordinance was introduced for first reading October 15, 1973.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE annexing
certain land to the City of Salina, Kansas, in conformity with the provisions of K.S.A.
1972 Supplement 12-520." (for the annexation and zoning of Country Hills Addition Number 2.)
A motion was made by Commissioner Usher, seconded by Commissioner Losik 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
8310. The ordinance was introduced for first reading October 15, 1973.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing
for the vacation of a certain alley within the City of Salina, Saline County, Kansas."
(The East-West alley in the North 15 feet of Lot 181 on Seventh Street, Original Townsite)
A motion was made by Commissioner Cooper, seconded by Commissioner Usher 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
8311. The ordinance was introduced for first reading October 15, 1973.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing
for the vacation of a certain alley within the City of Salina, Saline County, Kansas."
(The North-South alley abutting part of Lot 177, all of 179 and part of 181 on Seventh Street;
and part of Lot 178, all of 180, and part of 182 on Santa Fe Avenue, Original Townsite.)
A motion was made by Commissioner Usher, seconded by Commissioner Losik 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
8312. The ordinance was introduced for first reading October 15, 1973.
A CHARTER ORDINANCE was introduced for second reading entitled: "A CHARTER
ORDINANCE exempting the City of Salina, Kansas, from the provisions of K.S.A. 12-14a05
which defines a band for the purposes of use of band funds and providing substitute and
additional provisions on the same subject." A motion was made by Commissioner Usher,
seconded by Commissioner Caldwell to adopt the charter ordinance as read and the following
vote was had: Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0). Carried.
The Mayor approved the Charter Ordinance and it is numbered 8. The ordinance was introduced
for first reading October 15, 1973.
A MOTION was made by Commissioner Usher, seconded by Commissioner Caldwell to
introduce an ordinance for first reading defining a non-resident electrician, amending
Section 9-145 (4) of the Salina Code and repealing the existing section. Ayes: (5).
Nays: (0). Motion carried.
Ordinance Passed: Number:
A MOTION was made by Commissioner Losik, seconded by Commissioner Usher to
introduce an ordinance for first reading providing for the temporary suspension or waiver
of service fees charged for the City of Salina for use of the Solid Waste Disposal Area.
Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed: Number:
THE CITY COMMISSIONERS considered an agreement between the City of Salina, Saline
County, and Max Bishop, Architect, for juvenile facilities at the Police and Sheriff
Departments. A motion was made by Commissioner Losik, seconded by Commissioner Caldwell
to approve the agreement and authorize the Mayor to sign, subject to the City Attorney
checking and approval. Ayes: (5). Nays: (0). Motion carried.
A RESOLUTION was introduced and passed entitled: "A JOINT RESOLUTION of the
County of Saline and the City of Salina, in Saline County, Kansas, amending the Joint
Board of Health Resolution." A motion was made by Commissioner Cooper, seconded by
Commissioner Usher to adopt the Resolution as read, with an amendment to Section I, (b)
to read, "The Mayor of the Board of Commissioners of the City of Salina shall appoint
three members from that body as members of the Joint Board, whose term shall be their
tenure in office as City Commissioners, or at the pleasure of the Mayor and City
Commissioners." Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0).
Carried. The Mayor approved the Resolution and it is numbered 3165.
THE CITY COMMISSIONERS reconsidered a letter from the Metropolitan Planning
Commission recommending the denial of Petition Number 3342, which was filed by G & K., Inc.,
for the annexation of Autoplaza Addition. (Tabled at the request of the petitioner on
September 24, 1973); and a letter recommending the denial of Petition Number 3344, which
was filed by G $ K., Inc. for the rezoning of the West 45 acres of the Ni SW14 19-14-2
to District "EE" (Local Service District), also tabled at the request of the petitioner on
September 24, 1973.
Mr. C. L. Clark, counsel for Long -McArthur, Inc. and Jim Sullivan Chevrolet, Inc, was
present to present testimony on behalf of the two long time retail merchants in Salina who
have outgrown their facilities in downtown Salina. He said there is a compelling economic
necessity to transfer their operations to some outlying, centrally located position in the
City. He said the presentation would involve a series of 7 or 8 steps in which the
different businessmen would discuss a particular subject. "Briefly we will have the
architect explain the object and purpose of the owners and proponents of this development
and indicate pictorially the general nature of the two proposed improvements to go thereon,
and submit to the Commission certain restrictions with regard to the future utilization of
that area conclusive of vesting in the City and the Metropolitan Planning Commission an
equitable right to enforce. I'll make very few comments myself, I will simply introduce
these people who will cover the various scopes of the problem involved, and after you have
heard what they have to say we feel you will give very careful consideration of the
aspiration of these two firms."
Mr. Appleby, Architect, said, "We have two sketches to give the Commission and
Mayor an idea of what we are talking about. It will show relationships, the location of
the Autoplaza, and we also have a document which will note the restrictions the owners
have agreed to enter into as far as the development of the area we are talking about.
"We are working between Republic and Jewell Streets, and are talking about an
area of approximately 45 acres that would go from Ohio Street east through the property
to the dikes. The green area, the portion we are talking about, is the Autoplaza. We are
proposing the extension of Minneapolis Street into the property. This will not include the
extension of Ellsworth or Beloit, and basically the orientation of the business, traffic
and so forth will be to the inside as it would relate to Minneapolis Street. Orientation as
far as the public is concerned would not be to Ohio Street; however, recognizing the need
for additional traffic, the owners have agreed to establish a second 2 lane street which
would parallel Ohio to the east. There would be a set back of 300 feet from the west
line of Ohio Street to the first building location, and a minimum set back from Minneapolis
of 60 feet. These could be farther as they go into more detailed plans. They are looking
at the total concept. They are looking at establishing the green belt within the space, and
not converting it to an asphalt paving scheme. An important thing that should be considered
is that they have entered into the theory that they want to look at the total development
consideration, and the responsibility for total development aside from what might be
considered as strip development, spot zoning, and etc., in other words they are trying to
create an environment with consideration to traffic, existing traffic and future traffic,
as far as this business is concerned.
"The sketch will give you some idea of the utilization of green area, trees,
color, material selection and so forth, controlled graphics. That will be a positive asset
relative to the area which it is considered for, but also the community at large."
Mr. Appleby presented a copy of the restrictions to be placed in writing if
the annexation and zoning are approved. It is addressed to the Board of Commissioners of
the City of Salina, Kansas and the Metropolitan Planning Commission and reads:
"The owners of the land involved agree as a condition of zoning to restrict its use as
follows: -'The use of the land included in this addition to the City of Salina is hereby
restricted for a period of 30 years for the following uses: (i) retail sale and all types
of service of and for automobiles, trucks, mobile homes, campers and other modes of
transportation; and (ii) retail sale of parts and accessories for the aforementioned modes
of transportation
"The set -back space for all structures shall be a minimum of: (i) 300 feet east
of the west line of Ohio Street; (ii) 60 feet from all other streets in the addition;
(iii) all lighting systems shall be placed so as not to be a public nuisance.
"The aforesaid restrictions and space limitations shall be enforceable from time
to time by any one or all of: (i) the owners of property in the addition; (ii) the City of
Salina; or (iii) the Metropolitan Planning Commission or its successors.
"The aforesaid restrictions and space limitations cannot be removed except with
the written and recorded consent of the owners of seventy-five percent (75%) of the square
footage of land in the addition, the Metropolitan Planning Commission or its successor;
and the Governing Body of the City of Salina."
Mr. Howard Engleman, counsel representing the present owners of the 80 acres
said the land is owned by Edith Dow and the Dow sisters, and that it has been in the
family for some 70 or 80 years, and 74 acres are east of Ohio. "The city has taken in a
strip consisting of about 6 acres along Ohio. The tract has been agricultural all this
time and they hope that the proposed autoplaza will be approved at this time, so there
can be commercial development. Although it is zoned residential at this time, they have
not received a nibble in the last 20 or 30 years for any real estate development. For some
reason real estate development east of Ohio seems to stop right there on Ohio and never
move any farther down. The taxes Edith Dow pays on this 6 acres is about $183 per acre,
which is 10 to 12 times more than she can realize income wise, and by taking the entire
74 acre tract, the taxes equal or exceed any revenue she could expect. If the area were
developed with approximately 240 houses, 4 people to a family, you would have 1,000 people
with the possibility of 2 cars to a family, that would be close to 500 cars, and I can't
conceive there being any more traffic burdening Ohio Street by this commercial development
than there would be if it were forced into residential. There have been no demands on the
market for residential development whatsoever and I think the Commission should give
serious consideration for the presentation made by these two local businessmen. They have
been in business for many, many years here. They are not a fly by night outfit coming in
here asking for a favor; they are two of our reputable automobile dealers, and on behalf
of Edith Dow , we hope serious consideration is given to this request."
Mr. Clark introduced Joe Mendicina who made a research into the absence of adverse
effects on residential land as the implementation of commercial development in the City.
"We will demonstrate by actual sales, that the increased values near commercial area equal
that of non-commercial areas."
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Mr. Mendicina said, "We were curious as to what effect commercial zoning of
properties that adjoin or abut residential properties was having in Salina. We chose four
or five illustrations, additions that were platted in the City of Salina either before
commercial strip zone or after commercial zoning was placed." He illustrated properties
in Riker Addition, an area bounded by Ohio Street, McAdams Road, Roach Street, and Crawford
Street. "Here are some examples of sales of property that actually abut that strip zone
area on East Crawford Street; 818 Millwood sold for $26,500 in 1970 and resold for $28,000
in 1972; 809 Mellinger sold for $21,500 in 1968 and $28,000'in 1972, an appreciation of
$6,000 over that 5 year period.
Mr. Mendicina gave similar favorable illustrations in Shalimar Plaza.
Mr. Jim Sullivan was present, "The Sullivan family.has been in business in Salina
since 1942. I personally came to Salina in 1965. In that 31 or 32 year period we feel we
have contributed something to the growth of Salina. I would like to give you a few facts
and figures to give you an idea of the reasons we have to move from our downtown location.
In 1968 we sold a total of 536 new Chevrolet cars and trucks. This year, 1973, we will sell
830, based on the rate we are traveling now. That is a 54% increase in new car sales in the
last 5 years. Our service and parts department sales 5 years ago amounted to $440,000, this
year it will be $660,000. Our total sales of everything in 1968 was $2,630,000, and this
year it will be in excess of $5,000,000, which is an increase of approximately 89%. I feel
we have been a good neighbor in Salina and we would like to continue to be a good neighbor.
The people who have bought cars and trucks have indicated they would like to have us stay
in town and particularly at a location we can offer the best service that we can offer.
Another thing I would like to point out is currently our paryoll just for our employees,
not any other expenses, amounts to $28,400 a month. That is a direct expense we contribute
to the people in this town. In 1965 when I came here we had 42 employees, today we have 47.
When I stand here, I represent Jim Sullivan Chevrolet, I represent myself, and I also
represent 47 employees, plus their families. These figures indicate we are progressing.
Chevrolet Motor Division looks at our sales, they know what we are doing, they have already
told me that I am going to have to move in order to keep my franchise at Chevrolet, which
expires in 1975. I am either going to have to be in a new facility or show that a new set
up is going to transpire. They came in and made a survey and in conducting the survey they
take into account the area which people live, the business that we are doing, traffic flow
and all these things that would pertain to selling new and used cars and giving parts and
service business. The location they have approved for me, the location we are talking
about on South Ohio, is approved because of the traffic flow, because of the proximity to
the center of town; and as we know, Crawford is pretty much the center of the business
activity in Salina. The only area for which I have been approved to move to is the area
on South Ohio. At this time I would also like to make an official announcement. There
has been some statements made that we have an alternate site in mind in case this South
Ohio area is not approved. That is not true. I, myself, nor Rex McArthur have never
talked to anybody and never authorized anybody to make a
statement to the effect that if we don't get the location on South Ohio that we are going
someplace else. We just don't have anyplace else to go. I have only been approved for one
area based on the survey; that is, as we indicated, the traffic flow, the population, and
where business is now and where they figure business will be in the next 10 to 20 years."
Mr. Rex McArthur was present, "We built our facility in 1946. At that time we had
24 employees. We also sold approximately 24 new cars per month. We now have 52 employees
and we are selling about 900 cars a year, new cars and trucks, and just like Jim, our total
sales will be between $5,000,000 and $6,000,000 this year. We have outgrown our facilities.
We have to move our location and this is an absolute requirement if we are to better our
service to our customers, and the only place we can go is next to the other dealers out
there on Ohio. I am just like Jim, this is the only location that has been okayed for me
by the Ford Motor Company and I also think this will pull a certain amount of traffic
through town. We sell roughly 37 to 40% of our cars out of town; so most of them are from
the north and west and I feel that will still shuttle a lot of people down through town.
Mr. Clark said, "We have some local merchants, including competitors here to tell
you their story about why this is a fundamental thing for the future of Salina, this
autoplaza being created.
Mr. Don Dieckhoff, Waddell Cadillac -Oldsmobile, representative. "I am kind of run
down the road on this thing, because I do live at 1001 East Jewell, which is 4 doors from
Ohio Street. I am kind of between the betwixt and between in which way to go on this. I
would like to make one statement at this time. I have had numerous people ask me when we
are moving. We are not moving. Waddel Cadillac -Olds will not move, but in the future if we
do get a recreational vehicle of some type we are definitely interested in going into this
vicinity someplace with Rex and Jim and the rest of the dealers if they do want to go out
there. We are pushing out the walls and we have no place to go. I am definitely in favor
of the autoplaza and I hate to see the city loose the tax structure if they go out of the
county, which I don't believe they will. I think it is a real tremendous thing to put the
autoplaza in."
Larry Marshall, General Manager of Marshall Motor Company, said "Three reasons I
feel it needs to belong out there - first, and the basic reason is the location and Rex
barely hit on it. If we sell 400 of our automobiles out of town, and as a group we do,
these people will -bring about 100 people from out of town each day, through Salina, Kansas.
If they can bring them through downtown, if they can bring them through the Mall, through
Dillons, through the whole works, they will bring them into what most of us generally feel
is a retail community. I think anything we can do to get more people to come through Salina
in the long run will help most of us prosper -and do better. Many of us, maybe the vast
majority of us depend on retail business in order for us to make our living. By putting it
at any other site in Salina, we preclude that. If you make them go out next to any of the
interstates, you are going to bring the people into the dealership and immediately back out.
Nobody else in town will get the chance to sell them anything. We are a retail trade center.
The second item - at least we did and I presume they did, sit down and figure out what you
will spend for a new building and the facilities is based on the number of cars you sell,
based on a per unit cost, In our instance it happens to be $80.00 per car, this is what
we feel we can spend for rent. If we can buy property at a relatively inexpensive price,
we can put a very nice, expensive building on it and when the county assessor comes around
to assess, he will bring the price of that ground up to where the developed ground can give
you a higher tax base. I think if they have to spend too much for the facility, they will
end up with a building that would not be nearly the asset for Salina, Kansas, that could be
in the area where they are presently talking about building. The third thing we can
document is by moving to the center of the population area, we have cut our expenses
between .3 and 5 thousand dollars a year, just through normal traffic to and from each end
of town. I think it is important that it be there to bring people through town, strictly
from an economic point of view. The nicer facility should benefit the community as a whole
and also an effort to keep the operating cost down so they can keep their prices down to
the consumer."
Mr. Clark mentioned that Mr. McArthur and Mr. Sullivan are planning to spend a
million dollars for facilities on this land.
Mr. Dale Anderson, Executive Vice President of the First National Bank and Trust
Company, the banker for Jim Sullivan Chevrolet, Inc., said, "Some of the things I was going
to talk about have already been covered and mentioned here, but I think consideration must
be given here. These have been good business people here in Salina, Kansas for more than
30 years. They have -been good business citizens. They have told you some of their totals
which has been a good economic impact to the community with their payrolls and their sales.
I think both of these companies have no choice; they have to move and we have to consider
helping them relocate. They don't have any choice in the matter. They have to have ample
room. I think we have seen the plaza concept in other towns in Kansas, along with other
States, so we know about how this works, and as far as I know, it has been very satisfactory.
Another thing I think is very important, both companies set out with a goal and a plan and
I am sure if they start this project, they know how much it is going to cost, and how much
they are going to have to spend, and what is important about it, not only can they start it
they can complete it."
Mr. Dick King, of the Planters State Bank and Trust Company, banker for Long -
McArthur said, "As Rex said, this firm is a home owned company which has been in existence
since 1946. This firm has brought many people into Salina. We feel this facility should
stay within an area of Salina, so that people coming in from outside of town will benefit
the shopping centers and other retailers. Their proposal seems to us to be a proposal that
should not injure anyone. We think you should give careful consideration to their request."
Mr. Roger Morrison, of the Morrison Grain Company, said, "I know you have a tough
job trying to represent the community as a whole, and I might add I think you do an admirable
job in doing that, and that is my point for being here today. The new proposed autoplaza
will benefit the whole community, so I sincerely ask your favorable consideration at this
time on the basis that it will be a benefit to the entire community."
Mr. William Graves, Graves Truck Line, Inc., said, "I can understand what Rex
McArthur and Jim Sullivan are going through. It is quite difficult to find a good location
and when you start talking about location and consulting with people who are in the field,
and ask them what. is the most important things are in making a move, they are first location,
second location, and third is location. Location is a very important thing. Ohio Street,
as far as the autoplaza, would be ideal. The central placement, Salina is going to keep
growing. I think we have some other industry out in that area. Areas that have been
vacant for many, many years and like Howard Engleman said, there hasn't been very much
interest in this area. If there had, it would have been gone already. I can't see why it
would hurt anybody's property. I think it even might appreciate it."
Mr. Clark said, "I don't know if we have any other friends in the house or not
but in any event I would like to make just one or two observations. Economic development
flows with traffic that is available to land. That is demonstrable by our own By-pass.
It is demonstrable by every main street in every city in this area that is growing. It is
true in Lawrence, Kansas; Topeka, Kansas; Junction City, Kansas; Manhattan, Kansas; McPherson,
Kansas; Wichita, Kansas; and any other growing town you go into. Traffic demands proper
satisfaction through commercial retail activities or it is not going to be developed. The
only way you can develop the town is to permit the normal flow of economic development to
flow into land and out of land in products, wages and activity. We feel that this site
is a top site for the purpose for which we have requested its utilization. We believe
these companies are a credit to this town and a credit to this community and they are
entitled to every element of consideration at your hands. If you have any questions of
any of our people who have spoken, we will undertake to answer your questions. If not we
certainly thank you for your attention."
Mayor Weisgerber asked if anyone had any questions to ask.
Commissioner Usher said, "I think he covered it very well. As far as these
restrictive covenants, are these the hard and fast restrictive covenants or is there room
for some more bargaining?"
Mr. Clark asked if he was referring to parking.
Commissioner Usher replied, "You are talking about green grass area and things of
this kind, you didn't mention that in them."
Mr. Clark said, "Each of these facilities have a 10 acre space for development,
normal surface requirements for their operation in the forseeable future do not exceed
6 acres. I say that advisadly. The 10 acre location is a large location, that is 660 feet
by 660 feet and it is larger than any retail automotive location in the City. I don't
believe there are any now over 31-, acres. They are trying to keep pace. That element is
what led these gentlemen to planning a greater space than the norm."
Commissioner Usher said, "I think what I had in mind, one of the problems we are - -
faced with is the people who object to this thing. I think they visualize a big, stark
building sitting out there all by itself. Could there be some assurance that it would be
decorated with trees, grass, green park type facilities?"
Mr. Clark replied, "I really couldn't answer that. It wouldn't be commercially
prudent to hide a commercial building. I would assume these people, being merchants,
would want a desirable building. Any reasonable restrictions you gentlemen think should
be applied to this property we would give consideration, and if we agree to put it in, we
will put it in."
Commissioner Usher acknowledged.
Commissioner Caldwell commented, "This is left up to the decision of the Commission,
and I imagine our word would be final, but if you were given the privilege to sell your idea
to the people who are objecting to it, other than what you have given us here today, how
would you go about convincing the people that this would be beneficial to their area,"
Mr. Clark replied, "Well, Mr. Caldwell, it is very difficult to deprive people of
the privilege of fear. It is an obsession with human nature that they resent change and
they fear change and particularly with regard to their home, but economically it is a
demonstrable fact that those fears are without merit. They are simply fears. The only
properties on Ohio Street that don't sell well now are those facing Ohio, and we are never
going to change that. There isn't any way on earth you are ever going to have any
incrimental value of a residence facing on Ohio Street. It is one of three possible
locations in this town that is a thoroughfare, Ninth Street and the By-pass are all off
center as far as the purchasing population and convenience of these operations are
concerned. The basic environment is what makes the land valued for this purpose. Opposition
to zoning in a community becomes chronic and it is not necessarily related to reason or
substance. I have no way of eradicating that tendency in human nature, and I don't think
anybody else can."
Commissioner Caldwell asked if they presented these same plans to the Planning
Commission.
Mr. Clark replied, "To a degree. We have elaborated some, and demonstrated the
belief of the commercial activity in this community to think this is a sound proposal. We
have brought thathere today as a new thing, simply to demonstrate the fact that there are
people willing to go on the line here for Salina's growth and development, regardless of
opposition from any source. I think that is very admirable. These people are willing to
undertake to do that, and that they, regardless of any fear, customers or anything else,
will go on the line for this town. That is why these people are here, is because they
think it is important that these facilities be strong. Strong dealers create business.
Strong merchants create business. We are a regional shopping center. We have the finest
automobile firms in this town of anyplace in the State of Kansas. Now if they are going to
remain that way, in a competitive sense, they have to stay strong. They have to have top
flight facilities or they are not going to stay strong. Sooner or later people are going
to quit going down to these two places when they can hardly get out of their automobiles,
with no place to park, and no place to get service. They actually turn service down at
both companies. They are turning service customers down. Somebody comes off the interstate
and wants service, they turn them away because they don't have time, and they don't have the
facilities. That is a tragedy that has to be solved. We are a regional shopping area. It
is the business of this town that permits us to continue to develop in that area."
Commissioner Usher commented, "One thing that wasn't brought out, do you have the
traffic flow and so forth on Ohio? I think this has been a complaint."
Mr. Clark said, "It was designed for 15,000 automobiles and the past count, and I
say this advisadly, was 8,500 to 9,000; and the traffic is going to be there and it is going
to increase. These two institutions are not going to change the traffic count any more than
if it were developed residential."
Commissioner Usher said, "The point I want to develop here is that we hear so much
about Ohio Street being crowded now, and yet in fact isn't it true that it still is not
carrying the load it was designed to carry."
Mr. Clark replied, "It was designed to carry 15,000 cars a day and it will carry
more than that without any question or doubt, and if it is to be utilized that is what
you build a large street for. Utility, economic development, increased sales, increased
income, increased productivity, and this isn't a large enough town for boulevards that are
strictly residential. We don't have that kind of a town. We are not Kansas City or Houston,
and incidentally you might observe Houston, which is one of the finest cities in the world,
one of the rapidly growing cities in the world has absolutely no zoning. I don't know if
you gentlemen are aware of that or not. Lots of cities have no zoning and actually they
are beautiful cities."
Commissioner Losik commented, "Mr. Clark, in my opinion I don't think you clarified
what Bob asked. This presentation was made specifically the way it was done here to the
Metropolitan Planning Commission."
Mr. Clark replied, '"No."
Commissioner Losik said, "With the exception of the few individuals who were here.
The drawing was here, and down the line in each of the individuals, so they were aware of
this."
Mr. Clark replied, "Mr. Losik, I said we added to it by the support from local
merchants and business people."
Commissioner Losik replied, "Well I might have missed that portion, but the meat
of it was presented to them."
Mr. Clark said, "And that is the only element we didn't present."
Commissioner Losik asked how the covenants would fall under the contractual
zoning provision?
The City Attorney replied, "It is not contractual zoning. This is a covenant
that is running with the land. It is in the certificate of the plat. It has nothing to do
with the zoning. It is a covenant that they place, a restrictive covenant, on the area and
it is not zoning, it is a restrictive covenant on the use of the land in the area."
Mayor Weisgerber asked the audience who wished to speak against the proposal.
Mr. Jim Torrey, 1006 East Ellsworth, was present again to speak against the
annexation and rezoning. He discussed the restrictive covenants, development of the area
from agricultural to residential, and said real estate values on Ohio have not appreciated.
He said he had written to the Ford Motor Company and GM and they replied it is a local
problem. "I also checked location of other dealers throughout the State of Kansas. They
work very well on Federal Highways, interchanges of major interstate highways, and a majority
of them do not adjoin residential area, of the ones I checked.' The current land use plan,
now in use, recommends this area for residential and we must depend on the Commission to
help us out in this particular case where the land has already been developed for residential
use to continue in this manner."
Mr. Torrey asked the people present who are opposed to the rezoning, to stand.
About 20 to 25 people stood.
Mr. Torrey also presented letters to the City Commission from people who could
not be present, and asked that the petitions be denied.
Commissioner Caldwell said, "We have really been putting our Metropolitan Planning
Commission to a lot of extra work. I was looking for comments from what they have shown us
today, hopefully, that the people who are for the autoplaza would some way sell their idea
to the people who are protesting it. I would like to see it go back to the Planning
Commission to see what they consider. If they feel it should be denied again, we can use
our judgement accordingly. I move to that effect. The motion was seconded by Commissioner
Usher.
There was discussion on procedures for sending a petition back to the Metropolitan
Planning Commission.
Commissioner Usher commented, "There were several things brought out here that the
Planning Commission could take into consideration and that is the possible increase of the
tax base, the traffic flow that is important for our downtown area and these restrictive
covenants appeal to me. I think they have indicated to us they might be willing to negotiate
some further covenants that would satisfy, at least hopefully, the questions that the
residents have in their mind as to what this is going to look like, so they feel the
commercial development won't be a ',gig, stark, staring, monstrosity that will result in
reducing their property values. I personally feel that this is reasonable, and maybe the
opponents would want to come up with some suggestions that could be included in the covenants
so that the proponents would have something to go by in considering the site."
Mr. Gordon Fiedler was present and also spoke against the rezoning. He asked
where they would park their cars, even though there is a 300 foot set back from the west
side of Ohio, cars are sold from the lot, not from the showroom.
Commissioner Cooper said, "If the City Commission feels there has been enough
new information received today to refer it back to planning, I would have no objections
to this. You stressed your economic impact as well as the restrictive covenants."
Commissioner Losik said, "I also am not opposed to give this every bit of
information we can so that we can base a decision on it. Let me make one suggestion that
when it goes back that whatever the reasons are, I don't know how they are going to
overcome the Metropolitan Planning Commission's main objection and that being that this
is in conflict with the present land use plan."
Mr. Clark said, "The land use plan is made to be amended. It must be made to be
amended. There isn't any way you can put a city in a straight -jacket under some theory
that economic dynamics can be foreseen for any given tract of land, and particularly where
traffic is adjacent to it."
Mayor Weisgerber called for a vote on the motion to refer the matter back to the
Metropolitan Planning Commission for their reconsideration. Ayes: (5). Nays: (0). Motion
carried.
A LETTER was received from the Metropolitan Planning Commission recommending the
approval of Petition Number 3355, which was filed by Webb Johnson Electric, Inc., for the
rezoning of Lots 181, 183, 185, and 187 on Fifth Street, Original Townsite, from District
"C" (Apartment District) to District "E" (General Business District). A motion was made by
Commissioner Usher, seconded by Commissioner Caldwell to accept the recommendation of the
Metropolitan Planning Commission and approve the rezoning and to introduce the rezoning
ordinance for first reading. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed: Number:
A REPORT was received from the City Engineer recommending the approval of the
vacation of the West 5 feet of a 10 foot easement on the east side of the East 60 feet
of Lot 2, Block 2, Southern View Addition. (The vacation was requested by Virgil W. Yost
in Petition Number 3357). A motion was made by Commissioner Usher, seconded by Commissioner
Losik to accept the City Engineer's recommendation and approve the petition, and to introduce
the vacating ordinance for first reading. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed:
COMMISSION AGENDA
Number:
"CONSIDER THE SALE OF THE CITY OWNED BUILDING AT 220 WEST CRAWFORD". (Sponsored
by Commissioner Caldwell)
Commissioner Caldwell said, "In the latter part of 1972 and the first part of
1973 it came before the City Commission that the block house on West Crawford, which was
the voting place and not used for that purpose anymore, and the City Commission went on
record as saying they were willing to sell this property.
It was brought to my attention in the last couple of months as to whether it was for sale
or not, and I was under the impression we had sold it. We did have two appraisals on it.
One was $4,652.00 and one was $2,500.00. That is a difference of $2,100.00. My reason
for bringing it up is that we go on record as setting a date to receive sealed bids for
this property, so somebody can buy it and get it back on the tax rolls.'?
Commissioner Losik seconded the motion, and after a short discussion the date of
November 19, 1973 was established as the date to receive the bids. Ayes: (5). Nays: (0).
Motion carried.
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A. "REVIEW THE PROCEDURE FOR THE PURCHASE OF FUEL".
B. "DISCUSS WHAT ACTION CAN BE TAKEN TO OBTAIN FUEL IF LOCAL DISTRIBUTORS
CANNOT PROVIDE SUFFICIENT FUEL".
C. "DISCUSS THE PRESENT VEHICLE UTILIZATION POLICY AS OPPOSED TO A MOTOR POOL
TYPE OPERATION: i.e. VEHICLES DISPATCHED TO INDIVIDUALS TO SEE IF A REDUCTION IN FUEL USE
CAN BE ACHIEVED, ETC." (Sponsored by Commissioner Losik)
Commissioner Losik said, "Now placing these on the agenda was not to be critical
of anybody or anything, other than the fact that this is only in the spirit of resolving
a problem that we already have encountered and obviously it is going to become more severe
during the next five or six months. This, of course, is not only at our local level, but
State and Nation wide. So what I would like to do is review to see if the method we are
using should be continued from the standpoint of purchasing fuel, and basically we do just
as we have in the past. We have asked for bids. We received bids and we awarded these
contracts. Now we have a distributor who has not been able to fulfill his contract with
the city and this forced us to go ahead and seek alternate sources of fuel and paying more
money than what we had contracted for, so what I would like to do is see what we can do
to be assured of a fuel supply and what we can do in the event the local distributors
cannot provide us with fuel; and along the line of this vehicle utilization to see if we
can some way set up an allocation basis of fuel to departments on an as needed basis,
should our present fuel supply be reduced to say 70 or 80 percent of what we actually
require. Now I know that we can't answer all of these today. I would hope we could at
least resolve what should be the procedure for the purchase of fuel, because I think we
are due for renewing this contract about the Sth of November. So what I would like to do
is get the opinion of the rest of the Commission and get some imput in this and see what we
can do that will suit the City the best and be the best interest to the City. We have to
have some ideas. The way we are going isn't working for us."
Commissioner Caldwell said, "Of course at the time we considered the bids, we
didn't realize we would have this problem."
Commissioner Losik said, "No, we didn't Bob, this is right. This again is not to
criticize what we have done, this is to recognize the problem that has come up and will
become more severe. I would like to see what we can do to give some flexibility to the City
Manager, that when he and the staff feel they need fuel, they can get it for us."
Commissioner Usher commented, "The way I understand it now, we aren't faced with
any fuel problems. Our big concern has been the fact that what we have to pay for it now
is considerably more than what we are used to; but even then we have plugged into our
budget some provisions for increases in prices, and up to this point, as I understand it,
there hasn't leen any real problems. We got down close to where we are really concerned,
but since then you have been able to work this out with other distributors in town."
Mr. Olson replied, "Yes. This has developed since June or July, and in September
again, and that was the last. It is unfortunate that the company with which the City last
contracted, Gulf, is going out of business in this part of the Country. It is unfortunate
that in some respects the last contract was not signed by the St. Louis Regional Office of
Gulf, and therefore they were holding their local jobber responsible for satisfying the
need or the demand that the City had and he was unable to do so, unless he robbed from the
stations and some of his private customers. Having contracted with a company that no longer
will be doing business in this part of the country and a unique situation between the jobber
and the supplier has caused a problem. The jobbers have, I think by -in -large, told me
anyway they have allocated to last years customers on the same basis , or this years supply
on the same basis as they were able to sell to last year's customers; but we were not a
customer of any of these jobbers who remained in business in Salina, Kansas, today. I have
talked to a couple of local jobbers, they have talked in turn to other jobbers, and I think
five at least have concurred that Salina will not be without motor fuel, gasoline this
winter. This is rewarding to me. Under the circumstances I feel that if automobile fuel
becomes critical as has propane and the middle distillates that there will then be a
mandatory fuel allocation, based on priorities as there is with the heating oils and propane.
This voluntary allocation program contained the same priority list that now is being put
into effect in 12 regional areas in the United States as a mandatory fuel allocation
program. This does not relate to automotive fuels; however, I would like to read for the
record, if no other purpose, the 11 categories of priorities. 1. farming and ranching;
2. food processing and distribution; 3. health and medical; 4. police, fire and emergency
aid; S. public transportation; 6. rail, highway, and air freight; 7. other state and local
government uses; 8. state or part of states, and I appologize I don't know the rest of this
one; 9. natural disasters; 10. public utilities; 11. tele -communication. Assuming that the
Federal priority list for automotive fuel would be the same as it is for the propane and
middle distillate fuel, municipalities, as you can see here, would rank quite high on this
list of 11 priorities. We are of the opinion, presently, that our motor fuel situation,
even though of concern to us, is probably not as critical as the heating fuels. We are told
that motor fuels 'may not become as critical during the winter months as the heating fuels
will, but it may become a more serious problem again next summer'. I don't know if this
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is true or not but I don't believe there has been any serious talk of automobile gas rationing.
Maybe there has been and I have not heard it. This is about the sum and substance of what
I can report on and what I know.
"I have confidence in these local distributors with whom we have talked, and with
whom some of the distributors have talked to other distributors and the like, and I think
that we should place our confidence and faith in these gentlemen and that we take them
pretty much at their word that they are not going to let the City of Salina go without gas."
Mayor Weisgerber asked, "Is what you are saying then, that what we had better do
at the moment, rather than try to bid, is to try to keep the five or so distributors that
may feel they have some obligation to us in the picture? We are not under any obligation
to let it by bids from the legal point of view and turn this over to the administration
so far as the Commission is concerned and let you or whoever on the staff should do this,
keep in close touch with the situation and deal with the people, and hopefully we can get
a supply. We have been doing this since we got cut off anyway, haven't we?"
Mr. Olson replied, "It was June or July that we got Mr. Long's letter, after
awarding the contract in May, and I might add as far as price, we have a very favorable
price as of today."
Mayor Weisgerber commented, "Of course, that may change."
Commissioner Usher commented, "It is bound to."
Commissioner Losik said, "Well this is pretty much what I wanted to bring out
and that is that we are going to probably have to deviate from the policy that we had and
give the flexibility of obtaining this to be used at your discretion, and if for any reason
it looks like there is a shortage or the cost is becoming prohibitive in comparison to the
market, we will have to look at it again; but this will show that we are in the process of
recognizing that we need to do something because at this point I don't believe that anyone
of them would submit a bid to us if we were to ask for one."
Mr. Olson commented, "I believe it would be an exercise in futility."
Commissioner Losik commented, "This is right, so in the mean time, what is the
next best thing, and if what you recommend there is, then I would like to have the Commission
go ahead and approve it, because this is a deviation from the policy we had established.
This would give you the opportunity to work to keep a supply.
Mr. Jim Torrey asked if the City could stockpile gasoline.
Mr. Olson replied the City doesn't have the facilities for it.
Commissioner Cooper said, "Then what you are saying is our best way to proceed,
because the gentleman cannot fulfill his contract, then is just to do it on the basis of
shopping around. Is that what you are saying? That you have been assured that we will
have a adequate supply of fuel?"
Mr. Olson replied, "Verbally. None of them will place this in writing. I think
that to take proposals would be no different than to take bids. This I suggested to you a
month ago, or six weeks ago. I think it would be futile now to even have Don write all the
distributors."
Commissioner Cooper asked, "But if they have the fuel, Mr. Olson, why don't they
want to bid on it?"
Mr. Olson replied, "They don't have the fuel."
Commissioner Cooper asked, "Then how can they assure you?"
Mr., Olson replied, "They are assuring us only on a moral committment to Salina,
Kansas; that Salina, Kansas, as a City, that the City government of Salina will not be
without gas."
Commissioner Cooper said, "I don't think we have to depend solely, and if you will
excuse me for saying so, on their judgement, because if we do reach any kind of an emergency
situation there would be some higher authority other than their opinion on whether we would
or would not get the fuel, wouldn't there?"
Mr. Olson said, "There is no legislation to my knowledge in effect today, other
than for the propane and middle distillates, as I had mentioned. A Federal Regional Office
on Fuel was set up in Kansas City last Wednesday, with a staff of 7 people. I felt good
until I called this office and learned that their area related only to propane and to the
middle distillates. I thought automotive gas had to be covered somewhere. It didn't take
him -,eery long to advise me that they have no interest in automotive gas. This district
office in Kansas City covers Kansas, Missouri, Iowa, Nebraska, and the office manager's
name is Don Brooks, and it relates to what I said, propane and the middle distillates, and
not to automotive fuel.
0
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I
Commissioner Losik asked, "Larry, when we let a contract of this type and the
contractor can't fulfill that, is there a legal default there? Can we hold them to that,
and I am not trying to make a case of it, I am trying to find out when we contract, is this.
an open end contract? What is it?"
The City Attorney replied., "This is a standard contract that all the fuel
companies use provides that they may terminate by 30 days written notice, and this is what
Mr. Long did. He just exercised his prerogative that he had in his contract that he could
terminate in 30 days. Now you take a contract and we drop that provision, you are not
going to get a bid because gas is fluctuating too much for them to be tied down more than
30 days."
Commissioner Losik asked if Mr. Long has terminated his contract with the City.
Mr. Olson replied, "He gave us notice June llth." We were instrumental in calling
the St. Louis office and got our allocation reinstated for July, but even in the contract,
the standard quotation contract, there are 14 conditions listed on the back of these for
these companies, it says that in the event of any curtailment, shortage, or secession in
company bids are contemplated, availability of products to be sold then it goes on .
the company, at its discretion may withhold, suspend or reduce sales deliveries hereunder
or allocate sales, deliveries to buyers and shall not be required to make good any shortages
resulting therefrom."
Mayor Weisgerber commented, "I don't know that we need a formal motion on this,
whether we can or can't, but I think we are in agreement."
Commissioner Losik said, "I think it would be a little easier for them to follow
through with, if we did. This is not a matter of just a procedural type thing, but I
would recommend that we do this and give them the flexibility because this is a change
in the policy we have been following.
Mayor Weisgerber asked if that was in the form of a motion.
Commissioner Losik replied that it was. Commissioner Usher seconded the motion.
Ayes:(5). Nays: (0). Motion carried."
PUBLIC AGENDA
A LETTER was received from Leon J. Dinkel and Clarence M. Smith for an amendment
in Section 28-56 regarding Merchant Police Bond and Insurance.
Commissioner Usher said he had talked to Mr. Bengtson earlier about this matter,
and suggested it be sent to the Police Department.
The City Attorney said, "They are the ones that have to do the checking and what
not and know the reason behind it, and as I told Bill, they are probably going to check with
me, but since they are the ones that make the recommendations for the licenses, I suggest
that this request be referred to them."
A motion was made by Commissioner Usher, seconded by Commissioner Losik to refer
the request to both the Police Department and the City Attorney. Ayes: (5). Nays: (0).
Motion carried.
PETITION NUMBER 3364 was filed by Richard Renfro, Vice-president of the National
Bank of America, and Raymond E. Haggart, Trustee of the Emma G. Simmons, Testamentary
Trust, for the installation of sewer line extending from the existing line at Belmont
Boulevard and Magnolia Road to a point along the north side of Magnolia Road about three
hundred feet east of the center line of Ninth Street. A motion was made by Commissioner
Caldwell, seconded by Commissioner Losik to refer the petition to the City Engineer.
Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3365wasfiled by Richard Renfro, Vice-president of the National
Bank of America, and Raymond E. Haggart, Trustee of the Emma G. Simmons, Testamentary
Trust, for the installation of water service to a point along the north right-of-way of
Magnolia Road three hundred feet east of the center line of Ninth Street. A motion was
made by Commissioner Caldwell, seconded by Commissioner Losik to refer the petition to the
City Engineer. Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3366 was filed by Lee 0. Haworth for the approval of the
preliminary plat of Twin Oaks Sub -division of Salina, Kansas. A motion was made by
Commissioner Usher, seconded by Commissioner Losik to refer the petition to the Metropolitan
Planning Commission. Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3367 was filed by B. R. Becker for the rezoning of Lot 6, Block 1, _
Woodland Addition from District "B" (Two Family Dwelling House District) to District "D"
(Local Business District). A motion was made by Commissioner Caldwell, seconded by
Commissioner Losik to refer the petition to the Metropolitan Planning Commission. Ayes: (5).
Nays: (0). Motion carried.
PE'T'ITION NUMBER 3368 was filed by Mrs. Gilbert Piper for city water and sewer on
Woodland - east of Ohio. A motion was made by Commissioner Cooper, seconded by Commissioner
Usher to refer the petition to Engineering and Planning.
Commissioner Cooper asked, "Would this be by any chance the improvement that we
had the protest on before we had the request?"
Mayor Weisgerber replied that it is.
Commissioner Cooper asked, "Did we get a decision on that, the day we placed it
on file? Is that thing still valid?"
The City Attorney said it is not.
Commissioner Cooper said, "I was thinking you said they would have to start anew."
The Mayor called for a vote on the motion. Ayes: (.5). Nays; (0). Motion carried.
The City Engineer was instructed to notify the protesting petitioner that they
would have to file another petition.
PETITION NUMBER 3369 was filed by the Metropolitan Planning Commission for the
rezoning of 9.7 acres in the South i of the SEI of 26-14-3 from District "A" (Second
Dwelling House District) to District "D" (Local Business District). A motion was made by
Commissioner Cooper, seconded by Commissioner Usher to refer the petition to the Metropolitan
Planning Commission. Ayes: (5). Nays: (0). Motion carried.
Commissioner Cooper asked why the petition was filed by the Metropolitan Planning
Commission.
Mr. Rawlings explained rezoning petitions can be initiated by property owners,
or the Planning Commission. This particular property was annexed as District "A", prior to
annexation it wazoned District "D". The petition had to be filed, and the Commission had
to refer the petition to the Metropolitan Planning Commission so a public hearing could be
held.
PETITION NUMBER 3370 was filed by Wallerius, Inc., Ralph T. Johnson, Secretary -
Treasurer, for the vacation of Mercury Avenue from the East side of Tulane Avenue to the
West side of Planet Avenue. A motion was made by Commissioner Cooper, seconded by Commissioner
Losik to refer the petition to the Engineering Department and the Planning Department.
Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3371 was filed by Kenneth W. Wasserman, Attorney for Dorman and
Bowen Cattle Company, for the approval of the Preliminary Plat of Shady Grove Acres in
Saline County. A motion was made by Commissioner Usher, seconded by Commissioner Losik to
refer the petition to the Metropolitan Planning Commission. Ayes: (5). Nays: (0). Motion
carried.
A LETTER was received from C. L. Clark, requesting an ordinance be introduced
for first reading for the issuance of Industrial Revenue Bonds in the amount of $215,000
for The Hill Company, a Corporation.
The City Attorney reported he has not received a copy of this ordinance and has
not had an opportunity to check it; and until that time he suggested it be tabled.
A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to
table the issue subject to call. Ayes: (5). Nays: (0). Motion carried.
The City Attorney said when he has received a copy of it and checked it, he would
bring it back.
Commissioner Cooper asked about the number of requests for Industrial Revenue
Bonds. —
The City Attorney replied that prior to a year ago, there were two issues; and
all others have come about since then.
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1
A LETTER was received from James J. Torrey, 1006 East Ellsworth, to discuss the
present land use plan, 701, at this Commission meeting.
Mr. Torrey said, again -.at this meeting, that he wants to see all annexation and
rezoning stopped until the new land use plan is approved. He said the City has spent
17 to 20 thousand dollars for this plan.
Commissioner Usher said the public hearing for the new land use plan will be held
December 11, 1973.
Mr. George Etherington commented that the land use plan is only one of the tools
used in good planning.
A motion was made by Commissioner Caldwell, 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