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05-17-1976 Minutes1 1 1 City of Salina, Kansas Regular Meeting of the Board of Commissioners May 17, 1976 The Regular Meeting of the Board of Commissioners met in the Commissi Room, City -County Building, on Monday, May 17, 1976, 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 Gerald F. Simpson, Chairman presiding Commissioner Robert C. Caldwell Commissioner Keith G. Duckers Commissioner W. M. Usher Commissioner Jack Weisgerber comprising a quorum of the Board, also: L. O. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: None The Minutes of the Regular Meeting of May 10, 1976, were approved as printed. MAYOR SIMPSON presented a gavel and plaque to Commissioner Caldwell, expressing the appreciation of the Commission and the Citizens of Salina, for his term as Mayor from April 21, 1975 to April 19, 1976. Commissioner Caldwell expressed his thanks, and wished Mayor Simpson success in his endeavors. THE MAYOR PROCLAIMED - Saturday, May 22, 1976 - "BUDDY POPPY DAY". The proclamation was read by Commissioner Robert Caldwell, for the Veterans of Foreign Wars. THE MAYOR PROCLAIMED the Week of May 17 through 23, 1976 - "COLONEL JIM IRWIN WEEK". The proclamation was read by Captain Thomas E. Wright, Director of Public Affairs, St. John's Military School. STAFF AGENDA BIDS WERE RECEIVED for Engineering Project 76-598, for sidewalk improvements: Gilbert Ruhkamp $3,485.00 Wilbur Construction Company 3,985.00 Bob Albers Construction 4,900.00 B & D Construction, Dorrance, Ks. 5,900.00 Engineer's Estimate 5,035.00 A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to award the contract to Gilbert Ruhkamp in the amount of $3,485.00, providing the bid meets the Engineer's specifications. Ayes: (5). Nays: (0). Motion carried. 5 s' T A RESOLUTION was introduced and passed entitled: "A RESOLUTION determining the advisability of curbing, guttering, paving, grading, water system, sanitary sewer system, and storm sewer improvements, estimating the cost thereof, defining the boundaries of the improvement district, method of assessment, and apportioning the cost between the improvement district and the City -at -large." (Improvements on Scott Avenue, requested in Petition Number 3538, filed by Monty Montee). A motion was made by Commissioner Usher, seconded by Commissioner Duckers to adopt the resolution as read and the following vote was had: Ayes: Caldwell, Duckers, Usher, Weisgerber, Simpson (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3277. The Commissioners considered an ordinance to be titled "Equal Opportuni and Affirmative Action", prohibiting discrimination by reason of race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status in all employment relations in all areas of public accommodations, in housing, and in public contracts; establishing a Human Relations Commission, a Human Relations Department and defining the powers and duties of each; providing for the adoption of administrative rules, regulations, and procedures to be utilized in the enforcement of this ordinance, and; establishing time limitations for the filing of complaints; amending Chapter 162 of the Salina Code and repealing the existing chapter." Mr. Olson explained Sections 16A-31 and 16A-32 fit better in the City of Salina organizational structure of responsibilities in the affirmative action ordinance. Rev. J. E. Jones was present and commented, "We do have a pretty good ordinance, but there are some sections that should be reconsidered, concerning the powers and duties of the Commission, and the Human Relations Director". He said the commission would like to be a little more than an advisory board, he said they felt the continuity ought to be a dual thing to get more continuity in it by letting the commission maintain some of its authority. Mr. Bengtson, explained, "At the meeting I felt the Human Relations Commission wanted the Human Relations Director to make an investigation and submit his findings to the Human Relations Commission, and they determine if proper cause exists. The proposed ordinance provides that the Human Relations Director make the investigation and based on his investigation, determine whether there is probable cause as to the complaint, then if either party that may be aggrieved by his decision could appeal this to the Human Relations Commission and they would act as an appeals board and determine if he acted correctly, based on his investigation. We feel the decision as to probable cause should be made by the director. The State law provides that the City Manager shall be responsible for the enforcement of all city ordinances, and the Human Relations Director is appointed by the City Manager and is accountable to the City Manager and through the Human Relations Director the City Manager is able to enforce this ordinance. He has no control over the Human Relations Commission because they are appointed by you and accountable to you, rather than to the City Manager." Mr. Usher commented to Rev. Jones that the State Law is clear on this; he also commented that the ordinance has been redrawn based on the recommendations they heard at the meeting Thursday night. Commissioner Caldwell commented on the affirmative action ordinance introduced May 10, 1976, which stated that the City Manager would direct someone to, if there are any grievances, appoint a group that would carry out these grievances. "I was under the impression that this should be a responsibilii of the Human Relations Commission and you would have a set group there all the time rather than appointing someone each time a grievance came up." 1 1 Mr. Olson responded that the ordinance put on first reading May 10th, relates to the in-house organizational structure and responsibilities for carrying out the city's commitment as far as city employment is concerned. The hiring, promotion, and this facit of city employment only. "That is an in-house responsibility that cannot be delegated to anybody else, by law, and that is what the ordinance related to and not complaints in general. A city employee may also go through the process Rev. Jones is relating to, but the ordinance he is relating to is broader than just city employment." Mr. Bengtson responded, "Each and every section of the ordinance is applicable to the City of Salina, Kansas, and we cannot violate it any more than any other employee, and certainly any employee in the city has the right to go to the Human Relations Director and file a complaint against the City of Salina, Kansas alleging the violation of any part of this ordinance you are adopting and certainly it would be treated in the same manner as any other complaint against any other employer; however we have gone one step further in this and we have provided in here that in the event the City would have a complaint against the City of Salina, the complaintant may go directly to the Human Relations Commission, or if there is an appeal to the Human Relation Commission they may employ independent counsel. The way it is right now if the City is not a party they would come to the City Attorney and say we want some direction; however, if the city is a party it would not be fair that the City Attorney be representing the city because of the fact that he may be biased so we have provided that if there is a complaint against the City, the Human Relations Commission is free to go out and employ any attorney they wish, that is not connected with the City, to make an investigation and to assist them where the City of Salina is a party to it, and we think this is fair. By doing this I don't think the complaint can be raised that we are investigating ourselves, so to speak. We are allowing them a free hand to go out and employ independent individials to do this on their behalf; otherwise we are certainly bound by every part of this ordinance as much as any other employer." Mr. Cornell Hutton asked if Section 16A-22 (d) means that the Director will have the power to some of the local businesses and investigate to see what kind of affirmative action programs these companies have, and also if they are actually following through with their affirmative action programs? Mr. Bengtson replied this section is referring to complaints. Mr. Hutton suggested the commissioners spell out the authority for the Human Relations Director to initiate works on his own rather than having to have a complaint. "Because often times he will be in a position where he can see many areas as far as large companies here in town who are not following through and I think he would be better responsible to go out and initiate some complaints rather than some complaints coming to him." Mayor Simpson said paragraph 'a', in that Section will cover that, 'seek to eliminate and prevent discrimination in employment'. Mr. Harris said he visited this morning with Mr. Hutton about the ordinance and related matters. "He asked me the same question, and perhaps I misunderstood his question, I don't think so but in responding to it I think that it is stated clearly here that the Director does have the authority to initiate a complaint and investigation of it; however, I don't think any of us would see his role as one of just at random going from business to business and demanding to see an affirmative action program. Now, if he had some indication, whether it be a formal complaint or rumor, whatever, some indication that there is some kind of discriminatory type of activity taking place in that firm then we would say it is his responsibility to check into it, and this is what I tried to convey to Mr. Hutton this morning but I don't think for one thing that he is going to have the time to just, at random, take on the different business and check out their affirmative action programs, their equal opportunity employment effort. We ran a survey, a little research on our own purchasing and contracts for 1975, and there were more than 500 of those and not that every one of them would require an affirmative action program but a significant share of them will and this is going to entail quite a bit of staff time along with the other responsibilities that the Department will have; so I think that the provisions here give the Department the authority without someone coming in and actually signing a complaint; of course we would nbe hope that first of all they will take that initiative if they feel their rights are being violated, that they are being discriminated against whether it is an individual or a group, we would hope they would take the initiative to come in and go on record to that effect, but if they feel they are going to be coerced or intimidated in some way, they are fearful of reprisal in some way, believe me it is incumbent upon the director of the department or whoever the personnel happened to be if they have an indication that this is taking place to investigate it, and if I may, I think there is possibly some misundersta here to the role, to the responsibility and authority the Human Relations Commission will have. We don't really see that it is being diminished at all, but that the primary responsibility for receiving complaints and directing the investigation and arriving at a decision should be invested in the technician, the Human Relations Director, and he certainly has the liberty in this ordinance to go to that Human Relations Commission at any time and seek their counsel and guidance. If he gets into a knotty situation he has the legal department at his disposal, he also can go to that Human Relations Commission and ask for their counsel and advice on how to proceed as well as it is clearly stated in here that the Human Relations Commission, on its own, without the director, without the department can initiate complaints and investigations, so really I don't think their role has been diminished whatsoever. Now the staff is being paid to do this job, we can see where it is their responsibility to handle the bulk of the complaints, but may ask the Human Relations Commission for their assistance in working out a consiliation." Commissioner Duckers said, "I would like to comment and certainly endorse what Mr. Harris has just said. I think one of the most asinine situations we could create would be to say the director is going to go out and call on the 500 or 1,000, businesses there are in town and seek out problems. It is like having a doctor go out and knock on our door and say aren't you feeling well? Don't you need some medicine? Certainly I don't think we want discriminatiq and we want to check all those out, but to go out and seek them out and hunt them up I think it is a witch hunt. I wholeheartedly agree with the statements Mr. Harris made." Commissioner Weisgerber said, "The other night when we were at the meeting with the Human Relations Commission, there was some anxiety on their part that when this new ordinance would be passed, technically this requires the reappointing of the new Human Relations Commission. I think some of them were perhaps a little worried that they might not be reappointed. It seems to me we should reappoint that Commission, they have done a lot of hard work on this, and at the same time I would like to make a suggestion that we enlarge this commission from 7 to 9 people. The work that Will does as Human Relations Director, and the work that this Commission does is largely going to be dealing with the business community and on this commission there is only 1 man who, in any way, represents business. This law is going to serve a lot better if it can serve by cooperation rather than by force; although there is the legal machinery there if the law must be enforced. I think if we had a little more business representation on this committee that we might be able to facilitate this cooperative effort with the business community a little bit better, this is to say nothing against the Commission we now have, they are largely professiona people. I think a little more business representation, people who can see it from both sides, as well as just from the one side, might be helpful in the operation of this new ordinance, so if we put this on first reading today, I wish we would consider incorporating into this, before we put it on second reading, the changing of the number of the people on this particular Commission, that way we would have three people each with 3 year terms, so that 3 people would either be reappointed or changed. I think this ordinance limits them to no more than 2 consecutive terms; so there will be some constance to the turn over in the commission. I would like to know what some of the other Commissioners think about this, and if this might not be helpful?" Commissioner Caldwell said, "I didn't see where they were concerned about whether they would be reappointed or not, I sensed a little different viewpoint as to whether they wanted to be in some instances, be reappointed, but I am sure they would be, but I would go along with these other people being added to the Commission but I wouldn't go along with really 'see two sides of an issue', there is only one side to discrimination and that is discrimination itself. There is no two sides to it. It is either one way or the other, you can't have two sides to that, which I wouldn't go along with the way the businessmen would see it, and there is only one way for them to see it and that is the right way. I would go farther to say if we are going 1 1 1 to extend the amount of people on the commission I could see that Mr. Burnett might extend his department with some extra personnel to help carry out some of these practices if we feel like it is too much there; but I don't see two sides to discrimination. I only see one side to that. There is no two way problem about that. My version of discrimination is only one thing, and that is discrimination and I can't see two people seeing two ways on discrimination, and I am sure you can't either." Commissioner Weisgerber commented, "Discrimination is discrimination, but if you want to get the job done and get it done cooperatively rather than by force, if you have the business community understanding what they are doing and backing the Human Relations Director, you may be able to accomplish this rather than to pit the two sides, shall we say, polarized one say who says you don't bother me at all, and the other side says yes, if you can keep them going together..." Commissioner Caldwell said, "I'll buy that, I go along with that but I don't think - we are sort of tired of forcing, you know, there comes a time when things just happen, and you don't - it has been forced too much and we have been talking about affirmative action, we have talked about segregation, in the country and most of it has been by force, I would buy that, and that is the only way some people recognize, but I think we wanted to get away from force, I think if the issues come up they should be handled in a way that intelligence can prevail and that is the only way it is. I can't see people seeing two sides to all issues unless, I know there are two sides to it, but discrimination has only one side." Commissioner Duckers said, "I agree with what you are saying Bob, that is what I mean also when I say we are making a mistake if we dig one little thing out of this ordinance and say now one thing that the Director is going to do, he is going to go around and call on all the businesses and say where are you discriminating. I think those things are going to surface if they are there, and certainly we want them investigated and handled, but I think to put something like that into the ordinance like this gentleman back here addressed a moment ago is inflammatory and dangerous." Commissioner Caldwell responded, "No, I am not saying that he do that, I think the rules and regulations that are set out by the government there are posted signs saying that in each business place, and I think the city is just going to follow through on that if they are there, they are there and I don't think that I would go along with what Mr. Hutton said here I don't think you would have the time to do that and I don't think it would work out that way, but I think it would be a waste of time if you did do that really." Commissioner Duckers asked, "How would you pick which ones you were going to call on and investigate, anyway?" Commissioner Caldwell responded, "You can only pick the ones that have discriminated, that is the only way you can go." Commissioner Duckers said, "And those should be investigated, but to just random sample and go call on those where there is no problem." Mr. Hutton said, "Sir, Mr. Duckers, you mentioned about doctors going and asking people if there was something wrong. I think we are finding out where Blue Cross and Blue Shield are more willing to pay for preventive type medicine than waiting until people become ill and then are asked to pay the large doctor bills. But one of the biggest problems I think that we find here, and I think any place that is really trying to develop a true affirmative action program, like I think the Commission here is trying to do, here in Salina I don't think we have really a strong situation of discrimination in employment. One of the biggest problems for minority people is under employment and the affirmative action programs should be stated to work as strongly to improve the job capability of minority people, as well as getting them initial employment. And this is why I say you, Mr. Harris, as he mentioned we had a very good conversation this morning and he said will you go down to a local businessman that might have 3 or 4 employees and say can I see your affirmative action program. Well, as I stated to him, I don't think this would be fair. You see what I am saying, because there are not enough people employed there for us to really go in and investigate these type people, but larger companies that have 100 employees, 200 employees, who deal with federal monies, you see what I am saying? I think if it means a list has to be made and the list gone 9 down, one by one, I think that these are the people that need to be investigated because they are continually writing and telling the Federal government we have affirmative action programs, we are trying to work within the community to help minorities to upgrade the standards of minority people. The thing that I think we have to realize is the only way a community can continue to be strong is for everyone in the community to benefit by the community. And what happens is, and it is a very unfortunate situation, not for myself or Mr. Caldwell, or Rev. Jones, because we are getting older but it is for the younger minority people that really this needs to be a strong program. You know, quite often you know you see people come from different cities, Junction City and placeslike this, these people have tremendous influence on our younger people here in this community, younger black people, you see and often times they don't create the right situation. If we had more responsible supervisors in our local businesses, who these young people could reflect to, I think it would help to encourage our younger minority people in our community to try to do more things, to try to work within the community to improve our city and this is, you know, even though it might not be spelled out in the affirmative action program I think all of these are strong parts that have to be worked into it because if efforts are made to go after these larger businesses, try to get them to recruit minorities and put in supervisory and management positions consequently minorities will always be on the bottom of the list and I think this is reflected in a statement made by the City Manager or assistant that it will be hard for the city to get minority people into top level jobs because of the slow turnover. You see what I am saying, but the thing is some effort has to be made and we have to say, now when are we going to do it, are we going to do it 10 years from now, or are we going to try to take constructive steps to do it now? You know this is why I think it is important that at least we say something, you know that the Human Relations Director should have the authority and should be asked to go out and try to seek some of these businesses that aren't legitimately trying to improve minority situations." Commissioner Duckers said, "Yeah, but if they aren't legitimately trying to do it, then that will surface. At that time then he investigates." Mr. Hutton said, "Sir, many people, especially minorities would say that these have not taken place yet because they have not taken place at the city level, you see, so consequently they haven't taken place in many of the local businesses. We are fortunate, because many people here, especially the business community is making a concerted effort to improve our community, but there are just more roads that need to be paved, and this is really the important thing with this ordinance and making it so that it will be an effective ordinance for Salina." Commissioner Usher said, "Mr. Hutton, I would agree with you 150% I think you are entirely right, and I think you also hit the nail on the head when you said the city hasn't lead on this, we haven't had an affirmative action program, the City of Salina, the government unit needs to be the leader and it will be the leader now that we have passed that affirmative action and that affirmative action plan and if these companies out there that don't have an effective affirmative action programs, see what we are doing perhaps we will attain that goal that you want to see in this community and I agree with you 100% and up to this point, you are right, but now give us a chance. Let us see. Let us see if this doesn't work, this isn't carved in stone as Larry Bengtson says, no ordinance is because we don't know exactly how it will work. There might be things in here that we don't need or won't work. There might be things in here we don't have, and Will is becoming well acquainted in this community and once we get this ordinance on the books he will know exactly what his responsibilities are and can go. And with that idea in mind I think you are right, and I think the HUD people agree with us too that because of the low minority population we have versus the employment we have here, those figures look good, but what you are saying is they are under employed and that is where the real meat is; that is where the problem lies and it creates additional or new problems with corporations and it creates new problems for the city now because we meet our quota, if you want to call it that, we can demonstrate to any governmental agency that wants to make inquiries that we have more than the percentage of population employed on the city level, twice, but our problem is trying to get the qualified employee in that supervisory �l 1 1 spot, that is where the problem lies, and you could up to this point, I agree with you, we haven't done anything, but now we are moving, and let's see what we can do." Commissioner Weisgerber said, "I wouldn't exactly say the City hasn't done anything, but I think there are some peculiar problems, really and a city with a minority population is as low as it is here because it is a little under 4%, so you don't have that many minority to begin with, and then you get a few in jobs and maybe they are capable of advancement, but the thing that seems to have happened in the City is that they advance to a job but outside the city, so you have a few in line, where here is a man that will make a captain in this department or what have you, and before he gets there he is gone to the state or he has gone to private employment or somewhere and then you are back again, so the low percentage of minorities in Salina, I think leads to some problems in this particular area that those that are capable and capable of advancement do move up and do move up fairly fast, finding jobs outside the city perhaps, if they move too quickly there may be openings come up within the city itself, so that happens too." Mayor Simpson asked if there are any further comments on the proposed ordinance. There was no response from the audience. Commissioner Usher moved that the ordinance be introduced for first reading as it is presently drawn. The motion died for the lack of a second. A motion was made by Commissioner Duckers that Article II of the ordinance be amended to read, 'said commission shall consist of 9 members' and the ordinance placed on first reading. The motion was seconded by Commissioner Weisgerber, if the wording is properly reworked to carry the proper number of years and so forth. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: THE CITY ENGINEER reported on Petition Number 3561 which was filed by Verner C. Smith, for the vacation of the right-of-way for Gail Avenue from the west line of Linda Lane west to the east line of the Union Pacific Railroad right-of-way that, "City staff, including Legal, Planning and Engineering feel that this 135' long right-of-way does not belong to the City. It was deeded to the City for street purposes, but the land was platted at a later date intentionally eliminating this part of the right-of-way. "The recording of this deed remains on the books in the Register of Deeds office and presents a blight on the title to Lots 2 and 3, Block 1, Bonnie Ridge Addition. Therefore, the present owners cannot obtain title insurance unless the city takes formal action to vacate the right-of-way. "It is staff recommendation that this right-of-way be vacated by formal action of the City Commission." A motion was made by Commissioner Caldwell, seconded by Commissioner Duckers to accept the recommendation of the City Engineer, and to introduce an ordinance for first reading to vacate the right-of-way of Gail Avenue in Block 1, Bonnie Ridge Addition. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: THE CITY MANAGER reported on a request by Boyd Lee to operate model, radio controlled, boats on Lakewood Park Lake. Mr. Olson explained this situation is a matter of policy and not one related to administration. "I think all of you can appreciate I did not go out with Mr. Lee to listen to his boat, from the standpoint of noise and the like this seems to be the only area of concern that we, on staff, can come up with. It is a model airplane motor, and so I think you can each probably appreciate the noise that is being considered here. I think my report is if you consider Lakewood Park as a quiet lake you would deny the request to run the motor boats on this particular piece of water, if you feel it is for general recreation and try to satisfy the most possible people, you would it consider permitting the use of the lake for this purpose. You can deny it today, on the basis that you would prefer it to remain a quiet lake for fishing, electric motors and this type of activity, or row boating, sailing, you could permit the use and go from there. I personally don't feel the rules and regulations of the lake need to be considered at this time even if you permit the running of these motors because in those Lakewood regulations it relates to gasoline motored boats in which passengers would ride. The alternati to saying 'no' would be, I would suggest then that if you permit it, that you permit it on trial basis and if you do receive any complaints either from residential people in the neighborhood or from fishermen and if you receive a complaint face that when you receive it. It might be cutting a dog's tail off piece by piece, it might not." Commissioner Duckers asked if there had been any complaints? Mr. Olson replied he has not heard of any complaints for the time they did have run on it, but that is not to say there wouldn't be. "Another thing Mr. Lee pointed out to me that if we ever get the lake sealed, the dam sealed out there, that there would be adequate water in the south end, which would be the shallow end, but that would be plenty of water and they would be happy to run, do their put putting in the south end of the lake, I don't know if the fisherman are going to say that put putting is upsetting the fish in the north end of the lake or not, but, maybe it would or maybe it wouldn't. We could, I think, restrict the use of the boats to a given area if we ever got the area out there, we hope to this summer." Commissioner Caldwell asked if there isn't any other area to use the boats? Mr. Lee had explained that the Saline County State Lake was too rough the day they went out to try it, and the lake at the intersection of 135 and 170 belongs to the State Highway Commission and it is posted no tresspassing, and as soon as construction begins on Mr. Holmquist's property they may not use his lake any longer, and the Bureau of Mines will not permit the sand pits to be used for recreational purposes of any kind, as long as they are operating as a sand pit. After some discussion, a motion was made by Commissioner Caldwell to allow the operation of the model boats for a trial period to July 15th. The motion died for the lack of a second. Commissioner Usher said, "I have heard from some people who were opposed to the idea because we have spent thousands and thousands of dollars to develop a quiet lake and park, and if we are going to start putting gasoline engines, now they are not the little ones, they are the great big aircraft engines and they have got decibels that are considerably higher than motorcycles, and these people were extremely upset with the motorcycles going through that park, and because I have had a stronger feeling against this kind of proposal, that is the reason I am not in favor of it. I think we ought to maintain it as a quiet lake and a quiet park, and on that basis I would make a motion that we deny the request." The motion was seconded by Commissioner Duckers. Ayes: (4). Nays: (0). Commissioner Caldwell abstained. PUBLIC AGENDA PETITION NUMBER 3562 was filed by J. Donald Williams for the annexation of the remainder of the Southeast 14 of the Southwest 14 of the Northwest 14 of Section 17, Township 14 South, Range 2 West, (the remainder of Country Club Heights Addition Number 4 which is not presently in the city limits). A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to refer the petition to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3563 was filed by Roy Presley, for the curbing, guttering, paving and grading of Argonne from Estates Drive to the east line of Lot 12, Block 2; and on Douglas Drive from Argonne Drive to the south line of Lot 9, Block 4. Water and sanitary sewer service for Lots 9 through 12, Block 2, and Lots 1 through 9, Block 4, Country Club Estates Addition Number 2. A motion was made by Commissioner Weigerber, seconded by Commissioner Caldwell to refer the petition to the City Engineer. Ayes: (5). Nays: (0). Motion carried. 1 1 1 PETITION NUMBER 3564 was filed by Thomas E. and Doris L. Darnell, 601 East Republic, for the rezoning of the East 35 feet of Lot 3 and all of Lot 4, Block 1, Wight's Addition; and all of Lot 10, Atherton and Phillips Addition, from District "B" (Two-family Dwelling House District) to District "C" (Apartment house District) Mrs. Lucille Lott was present to protest the rezoning of this property. The City Commissioners explained the action on this petition today will be to refer it to the City Planning Commission for a public hearing, and that she should be present at that public hearing and make her objections known. A motion was made by Commissioner Duckers, seconded by Commissioner Usher to refer the petition to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3565 was filed by A. B. Seelye Company, for the rezoning of Lots 1 through 10, Block 8, Georgetown Addition from District "C" (Apartment House District) to District "P.D.D. (Planned Development District). A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to refer the petition to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. A REQUEST was made by Dr. James E. Roderick, et al, for permission to use public land for the purpose of beautification, under Section 32-41 of the Salina Code, specifically Lot 8, Upper Mill Heights Addition Number 2. A motion was made by Commissioner Duckers, seconded by Commissioner Weisgerber to grant the request. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE L. cense Application was filed by Lynn Sluder, d/b/a Salina Bait and Tackle, 569/ 'roadway. (new application). The City Clerk reported the applicant has paid the required fee and the application has been approved by the Health Department, zoning Officer and the Police Department. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to approve the license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA The Commissioners did not bring anything to the floor for discussion. Mrs. Lott asked to have someone check on the sewer which was constructed last year, because her neighbors have complained that their lot is washing away because her sewer is bad, and she has had to connect to the city sewer and she doesn't believe she should have to pay for this. Mr. Boyer said he would check into the problem. A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Usher that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. D. L. Harrison, City Clerk