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04-14-1975 Minutes59 City of Salina, Kansas Regular Meeting of the Board of Commissioners April 14, 1975 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, April 14, 1975, 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 pryaer. There were present: Mayor W. M. Usher, Chairman presiding Commissioner Robert C. Caldwell Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. Commissioner Jack Weisgerber comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: None The Minutes of the Regular Meeting of April 7, 1975 were approved as printed. THE MAYOR PROCLAIMED the Week of April 20 through 26, 1975 - "OPTIMIST CLUB BICYCLE SAFETY WEEK". The proclamation was read by James Trepoy, Vice- president of the Breakfast Optimist Club. THE MAYOR PROCLAIMED the Week of April 13 through 19, 1975 - "MEDICAL LABORATORY WEEK IN SALINA". The proclamation was read by Merle Swanson from the Asbury Hospital Laboratory. STAFF AGENDA A PUBLIC HEARING was held on the proposed assessments for the improvements in Engineering Project 74-571: (Key Acres Addition Number 2 and Upper Mill Heights Addition Number 2) Curbing, guttering, paving and grading of Ray Avenue from the south line of Neal Avenue to the south line of Scott Avenue. Curbing, guttering, paving and grading of Scott Avenue from the west line of Ray Avenue to the south line of Lot 29, Block 32, Key Acres Addition Number 2. Water main, sanitary sewer, service lines and storm sewer to serve Lots 18 - 29, Block 32; and Lots 2 - 11, Block 35, Key Acres Addition Number 2. Sanitary sewer, service lines and storm sewer to serve Lots 7 - 17, Block 32; and Lots 12 - 20, Block 35, Key Acres Addition Number 2. Paving, grading, and water main on Upper Mill Heights Drive from Upper Mill Terrace to Crawford Avenue. as authorized by Resolution Number 3190, passed by the Board of Commissioners on the 1st day of July, 1974. There were no protests, and no changes were made in the proposed assessment. A motion was made by Commissioner Cooper, seconded by Commissioner Losik to approve the assessments and introduce the assessment ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: 21, 1975 Number: 8112' A PUBLIC HEARING was held on the proposed assessments for the improvements in Engineering Project 74-576: (Sanitary sewers for APCO and National Bank of America) A sanitary sewer to serve a tract of land located in the East half (E/2) of the Northeast Quarter (NE/4) of Section Twenty-six (26), Township Fourteen South (T14S), Range Three West (R3W) of the Sixth Principal Meridian, in Saline County, Kansas. A sanitary sewer to serve Block One (1), Meadowlark Acres Addition Number 2, an addition to the City of Salina, Saline County, Kansas. as authorized by Resolution Number 3230, passed by the Board of Commissioners on the 16th day of September, 1974. There were no protests, and no changes were made in the proposed assessment. A motion was made by Commissioner Caldwell, seconded by Commissioner Weisgerber to approve the assessments and introduce the assessment ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: �� ,^ 21� 19?S Number: Q�2g A PUBLIC HEARING was held, as required by Resolution Number 3227 passed by the Board of Commissioners on the 31st day of March, 1975. No protests, written or oral, were filed. A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell that the public hearing be adjourned. Ayes: (5). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: ''A RESOLUTION determining the advisability of water main 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." A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to adopt the Resolution as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerber, Usher (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3228. Water line on Van Horne Street. THE CITY ENGINEER reported on bids received April 7, 1975 for Engineering Project 75-575, for improvements in Country Club Estates Addition Number 2, and that Smoky Hill, Inc. is the low bidder for Part I in the amount of $35,316.25, and also for Part II in the amount of $82,481.00. A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to accept the City Engineer's recommendation and award the contracts to Smoky Hill, Inc. for Parts I and If. Ayes: (5). Nays: (0). Motion carried. THE CITY COMMISSIONERS considered an ordinance establishing the annual retail license fee for a general retailer for cereal malt beverages and for a retailer for consumption off the premises for cereal malt beverages; amending Section 6-37 of the Salina Code and repealing the existing section. v, 61 Mr. Roy Peterson, President of the Salina Tavern and Lounge Association was present to speak for the Association. He said he doesn't believe that to have the cereal malt beverage licenses doubled is justifiable. Mr. Keith Graybeal, was present and said because of the fact that there is no limit on the number of beer licenses sold, they do not believe the 1000 raise in license fee is justifiable. Mayor Usher explained that if there is a fault, it is of not increasing the license fees over the period of 8 years. Mr. Frank Zamba, said the service stations and grocery stores are cutting their business, so he believes their license fee should be the same as for consumption on the premises. Mr. Bengtson explained the license fees cannot be revenue producing, they must be based on some method of enforcement or cost to the City. Commissioner Losik asked to review the license fees. Mr. Harrison reviewed the license fee increases, and said 1967 was when the cereal malt beverage licenses were changed last. Commissioner Losik suggested the Commission reconsider the $100 increas and perhaps cut that increase in half. To double the fees on any in this amount should be reviewed again. Commissioner Weisgerber asked what rationale was used at the time for the increases. Mr. Harris explained they took into consideration the amount of time that the Police Department spends in supervising the retail operations, in particular where beer is consumed on the premises; also the fact that the retail liquor license, set by State Law is $300.00 per year and we feel there is considerable less Police supervision required with a liquor store than a tavern; also in comparing this to the building trade licenses, they are required to obtain and pay for permits each time they undertake a job in addition to the annual license fee. Mr. Harrison added that the City Clerk's Office has quite a bit of work involved in getting the applications approved by the Health Department, Police Department and the Zoning Officer. Mr. Peterson asked about the private clubs and was told their license is set by State Law at $250.00. Barbara Timmons, Secretary of the Tavern Association said they have other fees to pay, such as their cigarette license, state license, and half of the machine licenses. Mike Misenberg, a tavern owner said they could understand some increase in the license, but not to be doubled. Commissioner Caldwell said he feels there should be an adjustment in the fees if the police are called to these places. Commissioner Losik moved to increase the license to $150 for consumptio on the premises and $75 for consumption off the premises. The motion died for the lack of a second. Mayor Usher asked that before the ordinance is amended that the matter be tabled for one or two weeks and have a report back from the Police Department as to what time they do spend in policing the taverns. Commissioner Caldwell moved to postpone action on the ordinance to give some reconsideration to a report asked for from the Police Department. The motion died for the lack of a second. 62 THE CITY ENGINEER reported on Petition Number 3475, filed by Lawrence Warta, requesting the limiting of parking to two hours on both sides of Duvall Avenue from Broadway Boulevard to a point 300 feet to the west. "This office has conducted a study of the above described area consisting of the traffic volume, accidents, congestion, parking space usage and recording tag numbers of the vehicles parking in the area. "We found that the traffic volume is quite low, approximately 30 vehicles per hour. The pavement width of Duvall Avenue is 32 feet face to face of curbs. There have been four (4) accidents at the intersection of Broadway Boulevard and Duvall Avenue in the past year. There is some congestion during the period when large trucks enter and exit from the driveways in this area and at the Broadway Boulevard and Duvall Avenue intersection. "We also found that there is space for fifteen (15) vehicles to park in this 300 foot area. There is an average of eight (8) vehicles parked there at all times for a 53% usage. Three (3) of these eight (8) vehicles belong to employees of Warta Buick. If these three (3) vehicles were to park further west on Duvall Avenue where there is a very low usage of the on -street parking spaces, there would be only 30% usage of the fifteen (15) parking spaces in this 300 foot area. After further discussion Commissioner Losik moved to raise the license fee to $155 for facts, this office recommends the denial consumption on the premises and $80 for consumption off the premises. to create a better sight distance and Commissioner Caldwell seconded the motion. Ayes: Caldwell, Cooper, Losik (3). Nays: Weisgerber, Usher (2). the Broadway Boulevard and Duvall Avenue Motion carried. A motion was made by Commissioner Losik, seconded by Commissioner painting of both curbs for "NO PARKING ANY Cooper to adopt the Ordinance as amended. Ayes: Caldwell, Cooper, Losik (3). Nays: Weisgerber, Usher (2). Carried. The Mayor approved the ordinance and it Boulevard west thirty feet (30')." is numbered 8426. The ordinance was introduced for first reading April 7, 1975. THE CITY COMMISSIONERS considered an ordinance establishing the annual if Mr. Warta had been advised of this recommendation. license fee for a pawnbroker doing business within the City of Salina, Kansas. Mr. C. R. Nicholson, pawnbroker, was present protesting the 600% he had been advised, but did not like the increase in his license fee. He said he feels the present license fee of $25 is too low, but feels the proposed license fee of $150 is too high. Mr. Bengtson explained to the City Commission that they passed a Charter Ordinance about 60 days ago setting the license fee at $150, and they are not going to change the fee unless they change the Charter Ordinance. After some discussion on procedure, Commissioner Losik moved to repeal the Charter Ordinance and reconsider the amount of the license. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3475, filed by Lawrence Warta, requesting the limiting of parking to two hours on both sides of Duvall Avenue from Broadway Boulevard to a point 300 feet to the west. "This office has conducted a study of the above described area consisting of the traffic volume, accidents, congestion, parking space usage and recording tag numbers of the vehicles parking in the area. "We found that the traffic volume is quite low, approximately 30 vehicles per hour. The pavement width of Duvall Avenue is 32 feet face to face of curbs. There have been four (4) accidents at the intersection of Broadway Boulevard and Duvall Avenue in the past year. There is some congestion during the period when large trucks enter and exit from the driveways in this area and at the Broadway Boulevard and Duvall Avenue intersection. "We also found that there is space for fifteen (15) vehicles to park in this 300 foot area. There is an average of eight (8) vehicles parked there at all times for a 53% usage. Three (3) of these eight (8) vehicles belong to employees of Warta Buick. If these three (3) vehicles were to park further west on Duvall Avenue where there is a very low usage of the on -street parking spaces, there would be only 30% usage of the fifteen (15) parking spaces in this 300 foot area. A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to accept the City Engineer's recommendation and deny the petition. Ayes: (5). Nays: (0). Motion carried. "In view of these facts, this office recommends the denial of Petition Number 3475; however, to create a better sight distance and possibly reduce the accident rate at the Broadway Boulevard and Duvall Avenue intersection this office recommends the painting of both curbs for "NO PARKING ANY TIME" on Duvall Avenue from Broadway Boulevard west thirty feet (30')." Mayor Usher asked if Mr. Warta had been advised of this recommendation. Mr. Boyer replied he had been advised, but did not like the recommendation. A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to accept the City Engineer's recommendation and deny the petition. Ayes: (5). Nays: (0). Motion carried. I �] 63 THE CITY ENGINEER reported on Petition Number 3477, filed by Marshall Hanson, requesting 40 foot driveway width at 653 Jaran. Lots 5, 6, and 7, Block 3, Wilbre Addition. "The driveways requested in this petition are to serve off-street parking areas at each end of an apartment building. This area has several apartment buildings and need off-street parking to eliminate traffic congestion due to the large number of automobiles that would otherwise have to park in the street. "Due to the above stated conditions, I have no objections to these two (2) forty foot (401) driveways and recommend your approval of the same." A motion was made by Commissioner Cooper, seconded by Commissioner Losik to accept the City Engineer's recommendation and approve the 40 foot driveways. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER filed a feasibility report for improvements in Twin Oaks Sub -division. The improvements were requested in Petition Number 3459, which was filed by Lee Haworth. A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to accept the feasibility report as filed by the City Engineer. Ayes: (5). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: "A RESOLUTION directing and ordering a public hearing on the advisability of curbing, guttering paving, grading, water system, sanitary sewer system, and storm sewer improvement in certain districts and giving notice of such hearing." (Improvements in Georgetown Addition and Twin Oaks Sub -division). A motion was made by Commission( Losik, seconded by Commissioner Cooper to adopt the Resolution as read, setting April 28, 1975 as the date for the public hearing, and the following vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerber, Usher (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3229. A MOTION was made by Commissioner Caldwell, seconded by Commissioner Losik to introduce an ordinance for first reading creating and defining a lateral sanitary sewer district, Number 531, to serve Lots 1, 2, 3, 4, and 5, Block 1, Wights Addition. Ayes: (5)• Nays: (0). Motion carried. Ordinance Passed: None COMMISSION AGENDA PUBLIC AGENDA Number: PETITION NUMBER 3482 was filed by Wilmer Peterman for the vacating of the easement between Lots 33 and 34, Block 5, Replat of Edgemere Addition. A motion was made by Commissioner Caldwell, seconded by Commissioner Cooper to refer the petition to the City Engineer for a recommendation. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3483 was filed by Daniel C. King for the rezoning of Lots 4, 5, 6, 7, 8, and 9, Block 3, Schippel Addition and Lots 10, 11, 12, 13, and 14, Block 3, Replat of Blocks 4 and 5 and part of Block 3, Schippel Addition from District "C" (Apartment House District) to District "A" (Second Dwelling House District). A motion was made by Commissioner Losik, seconded by Commission( Weisgerber to refer the petition to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. IF, REQUEST to appear by Roy Peterson, President of the Salina Tavern and Lounge Association to discuss "Increase of $100.00 license to $200.00 and allowing patrons to consume beer after purchase before 12 midnight till 12:30, no sales after midnight." (Mr. Peterson was heard at the time the City Commissioners considered the ordinance concerning cereal malt beverage license fees.) A TREE TRIMMING LICENSE APPLICATION was filed by Arthur F. Leonhart, d/b/a Art's Tree Service, 109 West Crawford. (New application). The City Clerk reported the applicant has paid the required fee and has the required surety bond and public liability insurance on file. A motion was made by Commissioner Losik, seconded by Commissioner Cooper to approve the license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Losik, seconded by Commissioner Caldwell that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. gMa,t.,� D. L. Harrison, City Clerk 1 REQUEST to behalf of the Tavern appear by Keith Graybeal, "I would like to speak on the Association and as a tavern owner at the April 14th City Council meeting at 4 o'clock P.M. This is in reference to the increase in the Cereal Malt Beverage license that has been proposed before the City Commission." (Mr. Graybeal was heard at the time the City Commissioners considered the ordinance concerning cereal malt beverage license fees.) A TREE TRIMMING LICENSE APPLICATION was filed by Arthur F. Leonhart, d/b/a Art's Tree Service, 109 West Crawford. (New application). The City Clerk reported the applicant has paid the required fee and has the required surety bond and public liability insurance on file. A motion was made by Commissioner Losik, seconded by Commissioner Cooper to approve the license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Losik, seconded by Commissioner Caldwell that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. gMa,t.,� D. L. Harrison, City Clerk 1