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10-07-1974 Minutes2052 City of Salina, Kansas Regular Meeting of the Board of Commissioners October 7, 1974 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, October 7, 1974, 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 W. M. Usher, Chairman presiding Commissioner Robert C. Caldwell Commissioner Mike Losik, Jr. Commissioner Jack Weisgerber comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager M. E. Abbott, Acting City Clerk Absent: Commissioner Norma G. Cooper D. L. Harrison, City Clerk The Minutes of the Regular Meeting of September 23, 1974 were approved as printed. THE MAYOR PRESENTED CITY SERVICE AWARDS to 16 employees for ten years of service; and 3 employees for 25 years of service, and thanked them for their service. THE MAYOR PROCLAIMED the Week of October 6 through 12, 1974 - "FIRE PREVENTION WEEK". The proclamation was read by Fire Inspection and Equipment Chief Nichols. Equipment Chief Nichols and Fire Chief Bross presented a demonstration of an early warning device, an ionization detector activated by smoke and products of combustion, such as invisible gases of a fire, and is self de -activating. THE MAYOR PROCLAIMED the Week of October 21 through 27, 1974 - "NATIONAL BUSINESS WOMEN'S WEEK". The proclamation was read by Georgia Hancock, Chairman of the Emblem Committee. THE MAYOR PROCLAIMED the Week of October 7 through 13, 1974 - "BOOT AND BUCKSKIN RODEO DAYS". The proclamation was read by Gordon Horst, Rodeo Chairman of the Salina Jaycees. STAFF AGENDA BIDS WERE RECEIVED for a vehicle for the Parking Meter Department: Warta Buick, Inc. $3,949.00 Jim Sullivan Chevrolet 3,982.12 Bell Motor, Inc. 4,089.00 Marshall Chrysler -Plymouth 4,240.00 A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to award the bid to Warta Buick, Inc., providing it meets the specifications. Ayes: (4). Nays: (0). Motion carried. 253 BIDS WERE RECEIVED for Engineering Project 74-576 for sanitary sewer improvements for APCO and National Bank of America: Stevens Contractors, Inc. 24,896.50 Earth Excavation, Inc. 26,855.00 Smoky Hill, Inc. 27,556.00 J. S. Frank Construction Co., Inc. 28,360.70 Wilson Constructors, Inc. 39,165.00 Engineer's Estimate 28,805.00 A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to award the contract to Stevens Contractors, Inc., as the low bidder in the amount of $24,896.50, and introduce the contract ordinance for first reading. Ayes: (3) Nays: (0). Mayor Usher abstained. Motion carried. Ordinance Passed: Number: A RESOLUTION was introduced and passed entitled: "A RESOLUTION designating the official depositories for all moneys of the City of Salina, Kansas, and directing the City Treasurer to deposit all moneys received by him therein." A motion was made by Commissioner Weisgerber, seconded by Commissioner Losik to adopt the Resolution as read and the following vote was had: Ayes: Caldwell, Losik, Weisgerber (3). Nays: (0). Mayor Usher abstained. Carried. The Mayor approved the Resolution and it is numbered 3211. A LETTER was received from the City Planning Commission recommending the denial of Petition Number 3443, which was filed by William J. Stover for the rezoning of Lot 3, Block 5, Replat of Faith Addition from District "A" (Second Dwelling House District) to District "B" (Two -Family Dwelling House District). A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to accept the recommendation of the City Planning Commission and deny the petition. Ayes: (4). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3453 which was filed by property owners in the benefit district for the improvement of East Crawford Street, protesting the method of assessing the adjoining property owners the major portion of the cost of replacing this portion of a main east -west trafficwa "The benefit district for the following computations include all the property receiving benefits and being liable for special assessments to be levied against such property. Total Benefit District 2,142,153 sq ft Flood Plane Area 120,131 sq ft Net area in benefit district liable to special assessments 2,022,022 sq ft Area signed by protestors 938,408 sq ft % of net area protested is equal to 938,408 or 46.4% 2,022,022 "Over fifty percent of the area is required for a valid protest. It is our opinion that this protest is not sufficient." A LETTER was received from the City Planning Commission recommending the approval of Petition Number 3444, which was filed by Wayne E. Weeks for the rezoning of Lot 2, Block 1, Replat of Beebe's 2nd Addition from District "C" (Apartment District) to District "D" (Local Business District). A motion was made by Commissioner Losik, seconded by Commissioner Weisgerber to accept the recommendation of the City Planning Commission and approve the petition, and to introduce the rezoning ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: THE CITY ENGINEER reported on Petition Number 3453 which was filed by property owners in the benefit district for the improvement of East Crawford Street, protesting the method of assessing the adjoining property owners the major portion of the cost of replacing this portion of a main east -west trafficwa "The benefit district for the following computations include all the property receiving benefits and being liable for special assessments to be levied against such property. Total Benefit District 2,142,153 sq ft Flood Plane Area 120,131 sq ft Net area in benefit district liable to special assessments 2,022,022 sq ft Area signed by protestors 938,408 sq ft % of net area protested is equal to 938,408 or 46.4% 2,022,022 "Over fifty percent of the area is required for a valid protest. It is our opinion that this protest is not sufficient." 254 Mr. Al Hamele, spokesman for the group of property owners present, reviewed a brief prepared by Aubrey Linville, in which his computations of the protest area equals 51%. He also discussed their interpretation of Resolution Number 3113, the property owners which signed the protest petition who are not owners of record, the benefit district, the flood plane area. He said the city should reconsider these facts. Phil Martin asked if the city had done any research to see if any funds are available, and why they shouldn't be allowed to use those funds. The City Engineer explained that the City did check into funds that will be available next year, and it will be an on-going program and the funds wil be for arterial and collector streets such as Ninth Street and Crawford Street where there is heavy traffic. He explained to Mr. Martin that this would have nothing to do with the property owners, because they would still be assessed for a residential street, and the extra construction of an arterial street is paid by the City -at -large, and under this program the funding will benefit the city -at -large; also that construction would have to be to State standards for an arterial street. The traffic count is well below what would justify that type of construction. The City Attorney explained the reason for the discrepancies between Mr. Boyer's report and Mr. Linvi I le's brief. "The reason is that in Mr. Boyer's report the improvement district, we used the definition provided for by Kansas Statutes in determining the improvement district and it says, 'Improvement district means the area deemed by the governing body to have been benefited by the improvement and subject to special assessments.' In our feasibility report we indicated that probably the flood plane would not be benefited and that the portion of this special assessment should be taxed to the City -at -large rather than to the property owner; however Mr. Linville calls to our attention in his brief that in the Resolution whereby we determine the project was feasible and we defined the benefit district, we did not exclude the flood control plane; so possibly we are going to be required to include that in the benefit district and charge the cost thereof to the property owner because we did not exclude it; however, even if we take their position that the flood plane must be included in the benefit district and use their definition, and using Mr. Linville's figures here that he put out in his brief in which he states there is 51% protest area, we determine that in his computation here he included 16,030 square feet of property that is owned by persons not of record, and I would read to you the statutes in regards to protests, it provides that, 'only the owners of record can protest'. So using Mr. Linville's figures as to the definition of the improvemen district, including the flood plane, using his definition of that, using the statutory definition of owners of record, and using his figures, the protestors would still have less than 50%; so even using his figures he still has under 50% protest required." Commissioner Losik said, "I have a couple of questions I would like to ask, and I don't think anybody has ever answered 'em, if they have I have missed 'em; but why was the area East of Marymount added on to be a part of this project Now that is something that has never been clarified as far as I am concerned, and I think it is a very important part and it must be clarified insofar as this project goes. I know that the road East of Marymount does not meet city specs as far as streets go. I can ask the Engineer this. How far off are they? What is it that they are lacking? Dean, insofar as that area East of Marymount." The City Engineer replied, "We checked with the County Engineer's Offic . There are no plans on the road. This is a road they have apparently covered at least twice with cold mix type of mix." Commissioner Losik said, "Alright now, the streets for example, this poses, this is bugged me a little bit. We are overlaying with 2 inches of asphalt on some streets that were put in prior to the upgrade of the specificatio s for city streets. Isn't that correct? So therefore what we are doing is we are improving city streets within the city limits with a 2 inch overlay. Now, why can't that 2 inch overlay serve the same purpose east of Marymount and wouldn't be a project street?" 255 The City Engineer explained, "I don't think we would want to overlay a cold mix type of mat with an asphaltic concrete mat. Certainly not with the same material. This type of mat bears heavier traffic on it, it tends much more to move and rut and shove than the asphaltic concrete like we put here in town. It is almost as stable as the concrete sealing. Mr. Linville arrived, and the City Attorney reviewed the report for Mr. Linvi I le. Mr. Linville contended that the City did not have the right to include itself as a property owner. Commissioner Weisgerber stated, "If there is nothing further, Mr. Mayor I would like to make a motion. I am well aware that there is a lot of controvers, over this. A lot of legal battling, and it may be that some things will have to be changed possibly, perhapt not, but at the moment I would move that we accept the City Engineer's report, and our attorney's report, and declare the petition invalid and request the City Engineer to proceed with the plans and specification I am also aware that if for some reason this petition should run into trouble, we can come back under 12-602. We have tried to give Mr. Martin and one of the other property owners the benefit of that flood plane area. If we come back under this other Kansas Statute, you will lose that, so it is up to you, but I think you might want to check out some of these legal aspects very carefully, because you very will could put yourself in a position of having a lot more to pay than you do at the moment. One other comment too, you keep suggesting to us that the reason that we have included the entire length of the road in, is simply to be able to force the paving over the entire area. I would like to come back and make a comment to those of you who live between the bridge and Marymount Road. I have to think that all of the comments that you have thrown up and all of the diversions that you have attempted are plain and simply to get the City -at -large to pay for what you ought to be paying for yourselves. You are asked only to pay for a residential street and this you should be willing to do, but the motion is made, Mr. Mayor." Commissioner Caldwell seconded the motion. Commissioner Losik said, "Before we vote on it, I just have one statement I'd like to make. I can't feel, but in my opinion, it is very apparent that some of the members of the elected officials here are using the end to justify the means, and as far as I am concerned what is being done here to our citizens is arbitrary and dictatorial on the part of the City, and I will not be a party to it, and I can't take and support this project in this present form. Mayor Usher called for a vote on the motion. Ayes: Caldwell, Weisgerber, Usher (3). Nays: Losik (1). Motion carried. THE CITY ENGINEER reported on Petition Number 3448 which was filed by L. F. Eaton for the vacation of the utility easement between Lots 13 and 14, Block 3, Westport Exchange Addition, that "Lots 13 and 14 of the above described property are served with utilities from the street right-of-way. All lots in Block 3 are accessible by an easement at the rear of the lots. The utility companies have no objections to the vacation of this easement. "Based on the above conditions, we would recommend the easement between Lots 13 and 14, Block 3, Westport Exchange Addition be vacated." A motion was made by Commissioner Losik, seconded by Commissioner Weisgerber to accept the recommendation of the City Engineer and approve the petition, and to introduce the vacating ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: Commissioner Losik said, "Thank you, Dean. Now, is there anybody here on the Commission or staff can answer the question as to why that area was added into this project?" Commissioner Weisgerber said, "It was my suggestion when I made the original motion to do that. Two reasons, it had come into the City. It was not in when the other petition was in, it extends the standard type of paving from its present point at the bridge to the city limits." Mr. Hamele and the City Engineer engaged in a discussion concerning standards and definitions of residential and arterial streets. Mr. Linville arrived, and the City Attorney reviewed the report for Mr. Linvi I le. Mr. Linville contended that the City did not have the right to include itself as a property owner. Commissioner Weisgerber stated, "If there is nothing further, Mr. Mayor I would like to make a motion. I am well aware that there is a lot of controvers, over this. A lot of legal battling, and it may be that some things will have to be changed possibly, perhapt not, but at the moment I would move that we accept the City Engineer's report, and our attorney's report, and declare the petition invalid and request the City Engineer to proceed with the plans and specification I am also aware that if for some reason this petition should run into trouble, we can come back under 12-602. We have tried to give Mr. Martin and one of the other property owners the benefit of that flood plane area. If we come back under this other Kansas Statute, you will lose that, so it is up to you, but I think you might want to check out some of these legal aspects very carefully, because you very will could put yourself in a position of having a lot more to pay than you do at the moment. One other comment too, you keep suggesting to us that the reason that we have included the entire length of the road in, is simply to be able to force the paving over the entire area. I would like to come back and make a comment to those of you who live between the bridge and Marymount Road. I have to think that all of the comments that you have thrown up and all of the diversions that you have attempted are plain and simply to get the City -at -large to pay for what you ought to be paying for yourselves. You are asked only to pay for a residential street and this you should be willing to do, but the motion is made, Mr. Mayor." Commissioner Caldwell seconded the motion. Commissioner Losik said, "Before we vote on it, I just have one statement I'd like to make. I can't feel, but in my opinion, it is very apparent that some of the members of the elected officials here are using the end to justify the means, and as far as I am concerned what is being done here to our citizens is arbitrary and dictatorial on the part of the City, and I will not be a party to it, and I can't take and support this project in this present form. Mayor Usher called for a vote on the motion. Ayes: Caldwell, Weisgerber, Usher (3). Nays: Losik (1). Motion carried. THE CITY ENGINEER reported on Petition Number 3448 which was filed by L. F. Eaton for the vacation of the utility easement between Lots 13 and 14, Block 3, Westport Exchange Addition, that "Lots 13 and 14 of the above described property are served with utilities from the street right-of-way. All lots in Block 3 are accessible by an easement at the rear of the lots. The utility companies have no objections to the vacation of this easement. "Based on the above conditions, we would recommend the easement between Lots 13 and 14, Block 3, Westport Exchange Addition be vacated." A motion was made by Commissioner Losik, seconded by Commissioner Weisgerber to accept the recommendation of the City Engineer and approve the petition, and to introduce the vacating ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: 256 "The second proposed spot would be the Southeast area of Lakewood Park. This could be used if the public, in some parts of that could be excluded. We have an area across from Indian Rock Park on Crawford which would serve the purpose. Another area mentioned, and I think the schools have been using this, is the property owned by Dr. Mowery, which is a natural site for such a lab. It has all of the requirements which could be used year around. It is not necessarily within walking distance of the school, but it is close. Those are some of the places that these places might be proposed to be built. Again, I am not saying what the Commission has to do with USD 305, but our purpose here is to try to see if, and have our City Planner or someone on the staff to pursue this for the proper place for this environmental lab. If there are any comments from the Commission I would like to hear them." Commissioner Weisgerber asked, "What is required, or what should be in this?" Mr. George Toland, Science Teacher at Salina Central replied, "It would have a bog environment, a bog habitat; a lake and/or river habitat, or water habitat or environment; a woods or, if you please, a forrest environment; and most assuredly a prairie. Short grass, mid grass, tall grass, prairie habitat and environment." Commissioner Weisgerber asked, "Then do you leave this area wild? You don't maintain it, you let it grow as it is and study the life in it?" Mr. Toland replied, "The outdoor classroom facility is not manicured, not mowed, not sprayed unless it is part of the research project, trees are not trimmed. Now depending upon the amount of land we had available, there might be such a thing as planned exhibits, like prairie grass areas and so on; maybe Salina could have an arboritum. It is open ended depending upon what, if anythin ever becomes available, but a place that looks pretty to the visitor from North Dakota or California or somewhere, the thing that you go in your automobile to see and say that is pretty is probably not a good place for an outdoor classroom facility." Mayor Usher asked, "What about distance? I am sure this is a factor. Do you visualize if there was such a place, bussing the students there?" COMMISSION AGENDA "DISCUSSION OF OUTDOOR CLASSROOM OR ENVIRONMENTAL LAB FACILITY AND THE POSSIBILITY OF LAND AVAILABLE FROM THE CITY FOR SUCH PURPOSES." (Sponsored by Commissioner Caldwell) Commissioner Caldwell said, "I might say my reason for bringing this up for discussion before the City Commission, on October 8 of 1968 when they were proposing the South High School, there was a proposed outdoor classroom at that time, we weren't using the word environmental lab. This was proposed as being a part of the new South High School; however that has not happened. I am not picking this up as a part of what USD 305 would be doing, but to bring it before the Commission to see if ►and is available for such an outdoor lab or an environmental lab. It has been called to my attention a number of times, in 1971 it was brought to my attention about this lab, and I don't think any action has been taken on it. I have a number of proposals as to where these labs might be located, and since we have been on the ecology kick for the last two or three years, I think it is a very ample thing to have at this time to bring before the Commission as far as the land is concerned. I have a number of locations I would like to read where I think it has been brought to my attention where they might b located. One, which would be in walking distance of Central High School is in th bow of the river just north of Elmore Center. This seems to be a natural for tha area. It would be within walking distance and it could be used during the time o classes. The next possible place would be in the south part of Indian Rock Park, which goes along the river channel which right now is about 30 acres in that area however that amount of space would not be needed. "The second proposed spot would be the Southeast area of Lakewood Park. This could be used if the public, in some parts of that could be excluded. We have an area across from Indian Rock Park on Crawford which would serve the purpose. Another area mentioned, and I think the schools have been using this, is the property owned by Dr. Mowery, which is a natural site for such a lab. It has all of the requirements which could be used year around. It is not necessarily within walking distance of the school, but it is close. Those are some of the places that these places might be proposed to be built. Again, I am not saying what the Commission has to do with USD 305, but our purpose here is to try to see if, and have our City Planner or someone on the staff to pursue this for the proper place for this environmental lab. If there are any comments from the Commission I would like to hear them." Commissioner Weisgerber asked, "What is required, or what should be in this?" Mr. George Toland, Science Teacher at Salina Central replied, "It would have a bog environment, a bog habitat; a lake and/or river habitat, or water habitat or environment; a woods or, if you please, a forrest environment; and most assuredly a prairie. Short grass, mid grass, tall grass, prairie habitat and environment." Commissioner Weisgerber asked, "Then do you leave this area wild? You don't maintain it, you let it grow as it is and study the life in it?" Mr. Toland replied, "The outdoor classroom facility is not manicured, not mowed, not sprayed unless it is part of the research project, trees are not trimmed. Now depending upon the amount of land we had available, there might be such a thing as planned exhibits, like prairie grass areas and so on; maybe Salina could have an arboritum. It is open ended depending upon what, if anythin ever becomes available, but a place that looks pretty to the visitor from North Dakota or California or somewhere, the thing that you go in your automobile to see and say that is pretty is probably not a good place for an outdoor classroom facility." Mayor Usher asked, "What about distance? I am sure this is a factor. Do you visualize if there was such a place, bussing the students there?" 2 Z55 7 Mr. Toland replied, "This is one reason we started so long ago. We hav a 55 minute period. This certainly is a problem if one must go 15 miles away. Salina will have an outdoor classroom facility some day. Maybe it will be 15 years, maybe it will be 25 miles from town, but some day we will have one. The longer we wait, the greater is the problem with transportation and rescheduling. From the standpoint of administrative scheduling a time for class periods. We have, during this process, suggested a college type of scheduling so we would have two or three hours one day, then don't meet the next. This is one of the ramifications." Mayor Usher asked, "What about minimum size?" Mr. Toland replied, "Shawnee Mission recommends 2 acres per class that uses it. So this is a formula that has kind of been picked up. If we have one class using it 2 acres will probably not be enough. If we have ten classes using it, 20 acres probably is enough." Mayor Usher asked if there are any further comments. Commissioner Caldwell said, "I don't have any further comments, but I would like to see the City Commission go on record as having someone on staff, probably the Planning Commission, look into the possibilities of an outdoor classroom or environmental lab." The Commissioners and science teachers discussed the needs and locations of such a facility. The new park site near Salina High South was discussed as a possibility. Commissioner Losik said, "I would stress very much a lot of coordination on this thing, because the irony of it comes in. The school has known they needed this and then turned around and sold off the property that could have served this purpose, so the City now owns the property that the school could have. I am not opposed to that, what I am going on is that we need to make sure we really coordinate this all the way through, that everybody knows what is going on on it." The Commissioners suggested the teachers who know what they want or what they would like to be involved, get together and make their survey and submit their proposal of location and alternate locations, then submit it to planning for study and recommendation. "DISCUSSION OF THE FUTURE OF CARVER CENTER AND THE POSSIBILITY OF A BUILDING TO HOUSE THE VARIOUS GROUPS WHO UTILIZE THE CENTER FOR RECREATION AND ORGANIZATIONAL MEETINGS." (Sponsored by Commissioner Caldwell) Commissioner Caldwell said, "My reason for the discussion of the Carver Center, in the Bucher and Willis report, the Northeast Industrial Area, the plans was that Carver Center would be removed and also the Carver swimming pool. 1946 was when this building was brought in from the old Smoky Hill Air Base and placed there for recreation and building facilities for that area of town. It is true that the families are not there, but the building is still being used. I just happen to belong to five organizations that use it quite regularly and it is still being used as a recreation facility. I feel that Carver Center would still serve a purpose in the community since we are talking about people programs. I would even go as far as to say that I think the locati where it is, is bad of course; but we have the Northeast Industrial Park with land available just across the street or in that area that could be used for a building, and that way we could utilize that land that is there. There are also other things I would like to discuss about it. I have always proposed that Carver Center, the pool itself, remain in the industrial park, and I still maintain that, because it is a small pool but it is a good pool, and whether it could still be utilized where it is or not, I don't know, but the building in close proximity to the swimming pool I think it would help. I am not leaving out the idea that this Carver Center could not be placed in another location in the City where the people are, but the modes of transportation now, you could practically get any place you want to in Salina within 5 to 10 minutes, and I think that location with the land that is there not being properly used at the present time, I think that could be a possible location for the Carver Center building. Not only maintaining a building, but maintaining the name of Carver, which was proposed in the very beginning. We have been talking about a number of parks in town. This Carver Center could be a part of one of those park areas. Whether it be in the north end of town or wherever it might be, and I have proposed that I feel that the location where it is, across the street, with land available, it could be a possible location for a future Carver Center building. The question has come up, what about the Salvation Army building. Well this is not necessarily a privately owned building, but it is used as such; but Carver Center is used in more ways than the Salvation Army. They have recreation programs at the Salvation Army but the other recreations like dancing, and what have you that can't be held at the Salvation Army Center. My purpose is to perpetuate the Carver Center and to continue its use for the community. There are a number of people that use it, not necessarily the minority people, but most of the people in town have used Carver Center. I happen to have worked there at the swimming pool for about 21 years, and I think we have trained quite a few of the scouts around the City here and the area in swimming, and the building itself if not any condition at all for being a substantial building, but I do think a new building to replace Carver Center would be one of the things that could be one of the people programs we talk about here in the City of Salina; so I thought I would bring that before the Commission because it won't be long before some of these things will probably be happening." Mayor Usher said, "I agree with you 100%. That is kind of a disgrace up there in the way that facility really is. They need a lot more room and something better than what they have, and I think your suggestion is timely because like you did say the new community development program is quickly coming on the horizon and we are going to have to get some plans, and I am wondering if maybe we should refer this to the Citizens Advisory Committee for their study and their inclusion?" Commissioner Caldwell replied, "Well, I would say that it should be referred to the Citizens Advisory Committee and let them look into it if you are not burdening them down with too many things to do, but it is a possibility." Commissioner Weisgerber said, "Bob, you or Norris, what is the situation on that particular piece of land so far as HUD is concerned?" Mr. Olson replied, "It is a matter of Urban Renewal taking the property as I understand it, or it being deeded to Urban Renewal. Time table wise I don't know, we thought a year ago that this would be required, but it is my understands g that sooner or later this parcel of ground will be deeded or will have to be deeded to the Urban Renewal Agency." Commissioner Weisgerber asked, "Well, what is involved legally then in either not deeding it to them or in getting it back, have we got any..." Mr. Olson replied, "Possibly you will have to purchase it back, I don't know. This has not been.pursued and it hasn't been discussed, to my knowledge, for a couple of years or longer." Commissioner Weisgerber asked, "Do you think this is a better location than trying to re-establish it somewhere in the north side area?" Commissioner Caldwell replied, "Well, I don't know. the produce company has moved in there so close to the building and I understand that they do want a few more feet there for their building expansion. This would place it right up next to the pool; but I am just thinking of the pool itself. To rebuild that pool now, it only cost $46,000 then, it would probably be $126,000 now." Mr. Olson said, "Of course, all I am relating to is the HUD guidelines Urban Renewal guidelines at the time, and at the time it said a swimming pool and a facility of this type would not be compatible with industrial uses for which the Urban Renewal project was initiated and that it would not be an acceptable use of land at that time. I have not heard anything to the contrary, so I am assuming that this still holds in the views of HUD." Commissioner Weisgerber commented, "Then we could be, theoretically at least, we could be legally blocked from trying to do this." Mr. Olson said, "Yes, this would have to be determined." 2D Commissioner Weisgerber said, "We certainly don't want to see it coming out and not replaced somewhere with something, that is for sure." Mayor Usher said, "I don't think we could possible do that." Commissioner Weisgerber asked, "Could the Citizens Advisory Committee have somebody, before they work on this whole thing, check the legal involvement in i.t or would that be part of their work?" Mayor Usher said, "I think that would be part of their responsibility to check that out too for us, and I think that can be done prior to that." A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to refer the matter to the Citizens' Advisory Committee for study and recommendation. Ayes: (4). Nays: (0). Motion carried. PUBLIC AGENDA PETITION NUMBER 3454 was filed by the Hageman PTA for a sidewalk to be constructed on the East side of Hageman Street, adjacent to Lot 1, Block 1, Worsley Addition. A motion was made by Commissioner Weisgerber, seconded by Commissioner Caldwell to refer the petition to the City Engineer for a recommendation. Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3455 was filed by Verner C. Smith for the vacation of Gal I Drive from Linda Lane west to the ra i I roa d, property to revert to owners of adjacent property. The City Engineer reported Gail Drive, from Linda Lane to the railroad is non-existant at the present time. There has been some replatting of the area and the street does not exist at this time, and recommended the petition be returned to the petitioner. A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to return the petition to the petitioner. Ayes: (4). Nays: (0). Motion carried. A MERCHANT POLICE LICENSE APPLICATION was filed by Michael David Miller 905 Seneca, d/b/a Miller's Security Service. (New application) The Acting City Clerk reported the applicant has paid the required fee and the application has been approved by the Chief of Police. A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to approve the license application and authorize the City Clerk to issue the license. Ayes: (4). Nays: (0). Motion carried. A REQUEST was received from the National Bank of America for permission to widen their driveway entrance off Century Plaza Drive by fifteen feet. The City Engineer reported, "Due to the geometrics of this driveway intersection with the street, the southbound traffic on Century Plaza Drive is required to make a severe "S" turn to properly enter the driveway. The bank is not widening their driveway, but would like to widen the throat of the entrance to facilitate a smoother flow of traffic entering this driveway. "We would recommend that the re -alignment of the curb at this entrance be approved." A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to accept the recommendation of the City Engineer and approve the realignment of the curb. Ayes: (3). Nays: (0). Mayor Usher abstained. Motion carried. 260 A REQUEST was received from Ralph C. Long, President of the Long Oil Company for permission to construct extra width driveways on Lot 9, Block 1, Westport Exchange Addition. The City Engineer reported, "The Westway Truck Stop is using the requested width of driveways at the present time. These drives are used by tractor and trailer type vehicles entering their service area from a curbed thirty-two foot (321) interior street in a light industrial district. "We have investigated this situation in the field and due to the particular situation involved, we would recommend allowing the Westway Truck Stop to reconstruct their drives using a sixty foot (601) width on the north drive and an eighty foot (801) width on the south drive." A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to accept the City Engineer's recommendation and approve the request. Ayes: (4). Nays: (0). Motion carried. A motion was made by Commissioner Caldwell, seconded by Commissioner Losik that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (4). Nays: (0). Motion carried. M. E. Abbott, Acting City Clerk �7, D