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01-17-1972 MinutesCity of Salina, Kansas Commissioners' Meeting January 17, 1972 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, January 17, 1972, 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,Robert C. Caldwell, Chairman presiding Commissioner Leon L. Ashton 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 January 10, 1972, were approved as mailed. THE MAYOR PROCLAIMED the week of January 16 - 22, 1972 - "INTERNATIONAL PRINTING WEEK." The proclamation was read by Lynn Tomanek. THE MAYOR PROCLAIMED the week of January 16 - 22, 1972 - "JAYCEES WEEK". The proclamation was read by Norman Riffel. STAFF AGENDA 1972 CEREAL MALT BEVERAGE LICENSE Applications were filed by the following: Scott B. Miller, d/b/a Magic Mushroom, 121 East Walnut (New) Fortunato Bonilla, d/b/a Den, 260 Smither (New) Virgil M. Rieke, d/b/a Virg's, 115 West Pacific (Renewal) D'Estel Nesbitt, d/b/a EI Sombrero, 832 North Santa Fe (Renewal) A motion was made by Commissioner Losik, seconded by Commissioner Ashton to approve the 1972 License Applications and authorize the City Clerk to issue the licenses. Ayes: (5). Nays: (0). Motion carried. None COMMISSION AGENDA PUBLIC AGENDA A LETTER was received from Mrs. Charles Casebeer, President of the Lowell P.T.A. asking that, in your present study of traffic count involving school crossings, the City will seriously consider the proposal for placing a flagman at the Santa Fe - Republic intersection. A motion was made by Commissioner Losik, seconded by Commissioner Ashton to refer the letter to the Traffic Engineer to be considered in the overall School Crossing Study, now in the process of being completed. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3220 was filed by Wallerius, Inc., George H. Wallerius, President, protesting Petition Number 3161, for a water line to service Lot 1 to 12, Block 15, Wallerius Addition. The City Attorney suggested the petition be referred to the City Clerk to be filed with other protests in connection with Engineering Project 71-542. A motion was made by Commissioner Ashton, seconded by Commissioner Cooper to refer the petition to the City Clerk for action at a later date. Ayes: (5). Nays: (0). Motion carried. 1 1 1 I PETITION NUMBER 3221 was filed by Richard E. Brown, for the installation of traffic control devices on East Prescott Road as follows: 1. Installation of signs necessary to establish a 20 MPH zone on East Prescott Road from its intersection with Riverside Drive to a point 100 feet east of its intersection with Elmore Drive. 2. Installation of 4—way stop signs at intersection of Prescott and Guernsey. Mr. Richard Brown was present giving reasons why a speed limit zone should be established and stop signs be installed: 1. Prescott has become a heavily traveled street because of the stop light at Crawford and Roach. 2. The increased activity around the YWCA and prohibited parking on the curve in front of the YWCA. 3. It is the only street, starting at Prescott and Ohio, with only one stop sign through Kenwood Park to Iron and Oakdale. It has become a short cut. A motion was made by Commissioner Weisgerber, seconded by Commissioner Ashton to refer the petition to the Traffic Engineer for study and a report in two weeks. Ayes: (5). Nays: (0). Motion carried. CONSIDERATION OF AN AGREEMENT between the Salina Community Theatre Association, the City of Salina, Kansas, J. J. Vanier, and V. F. Lundberg and Dorothy Lundberg, for the purchase of the property at the northwest corner of Iron and Third, for the Salina Community Theatre Building. Mr. Jack Stewart, representing the Salina Community Theatre, explained the agreement, and that it is necessary to get the parties concerned to sign the agreement to get it all tied together. Commissioner Ashton asked Mr. Stewart about the high water mark referred to in the agreement. Mr. Stewart stated this means the area where the water usually prevails during normal conditions. This can be determined by the normal vegetation on the river banks. Commissioner Losik questioned Mr. Stewart about why the land was being deeded to the City, as per this agreement. It was his understanding that the land was to be deeded to Mr. Vanier, because last year a problem arose that the City cannot spend money to clear property it does not own. Mr. Stewart stated that the money was being donated to the Salina Community Theatre by Mr. Vanier, and by deeding the land from the Lundbergs to the City, would save a step and make it simpler. Commissioner Losik stated he still wanted to know where and how they arrived at this. Who revoked the original idea of deeding it to Mr. Vanier? The -City Attorney assumed it was the consensus of opinion of the people involved that it would be easier to deed it to the City for site clearing. Commissioner Cooper asked about the 50 year agreement the Salina Community Theatre has, and the 25 year agreement Mr. Vanier has. She also asked Mr. Stewart about the furnishing of the theatre. She asked, "Who is to pay for this?" Mr. Stewart replied that the 50 year agreement was with the Theatre Group, and the 25 year agreement was for Mr. Vanier's use on a day by day basis, as per a price established in a previous contract. Mr. Stewart stated the furnishing of the seats would be part of the building, and the furniture for the office would have to be supplied by the Community Theatre group itself. 1.4 Commissioner Cooper asked about parking, landscaping, and walkways. "Does the City have to pay for this?" Mr. Stewart said, "Yes". That all the Theatre Group was doing was building the building, as per their original agreement. It would be up to the City to develop the area as it sees fit. Commissioner Cooper asked if the architect was doing anything on parking, landscaping, etc. Mr. Stewart replied that he is only designing the building. Commissioner Losik stated that the City was going to clear the site if the land is going to be deeded directly to the City. He also mentioned he had commitments from people who would clear the site, at no cost to the City. He wanted to know what other obligations we are going to have we don't know about. He referred to a letter of July 29, 1971, which was written by Lundberg to Commissioner Ashton, and asked again is there anything, either written or implied, that the City will be responsible for that is not included in this agreement? He also asked who was going to pay the cost incurred in connection with title and abstracting? Mr. Stewart said Mr. Bob Frederick had volunteered to do the abstracting, and that the filing fee of the deed was only $4.00. Commissioner Losik questioned the number of parking places for the theatre. He believes it is only 36. He asked if our Code requires more than this? The City Engineer stated he could not remember at this time. The City Attorney informed them that the Theatre Group can not get a building permit if they do not have adequate parking spaces. Commissioner Ashton mentioned there are some lots across the street on the East side of Third Street which can be purchased for parking. Commissioner Losik stated it sounds like we will inherit a problem of parking, if we own the land. We need to get this solved first. Commissioner Ashton said he thought 60 parking spaces were required. Commissioner Losik asked if there is any reason they could not wait two weeks to get plans on the parking, and anything else that needs to be settled as far as what the cost will be to the City. Mr. Stewart mentioned his partner, Howard Engleman, owns 5 or 6 lots on the east side of Third Street, behind Leighton Floral, which probably could be purchased for about $8,000.00. A motion was made by Commissioner Losik, seconded by Commissioner Cooper to table the matter for two weeks so the necessary parking can be established and other things agreed upon. Ayes: (5). Nays: (0). Motion carried. Commissioner Losik stated he wanted the Theatre Association to provide a performance bond, to guarantee that the new theatre would be constructed, and absolving the City from any responsibility. CONSIDERATION OF A REQUEST from Jack Stewart, Attorney for Ronald P. Thompson, d/b/a Taco Pete, 1416 South Santa Fe, in reference to a cereal malt beverage license application for 1972. Mr. Jack Stewart, Attorney for Ronald P. Thompson, was present and mentioned the City Commission had deferred approval or disapproval of his beer license for Taco Pete, at 1416 South Santa Fe. The Commission asked him to contact Kansas Wesleyan University and the University Methodist Church to see if they had any objections to him being issued a beer license. Mr. Stewart mentioned the measurement from Taco Pete to the lot on which the parsonage is situated is 160 feet, and to the church property is 230 feet, and that our Code says within 200 feet of church, schools, or hospitals. Mr. Stewart filed a lengthy brief on cases where parsonages were not considered to be part of a church. He mentioned one particular case heard by the Florida Supreme Court which says a parsonage is not part of a church, and is classified as a residence. Mr. Stewart does not feel the church has any legal protest against this particular application. In a letter from the University Methodist Church, Mr. Fred Brockman, chairman of the Administrative Board said they voted to deny Mr. Thompson's request. i In a letter from Kansas Wesleyan University, Dr. Paul Renich, president, said the college should not get involved. It is a City Ordinance and is up to the City Commission to enforce it as they deem necessary. Mr. Stewart went on to say, college students are over 18 years of age can legally purchase and consume beer. He feels the term school means below college level. The dorm is part of the school and is within the 200 foot limit. He feels the classroom is what the ordinance is referring to, where noise would be a factor, and he told the City Commission they have the authority to waive any of these matters and put any restrictions they wish on the license. He mentioned this is a restaurant, not a tavern, he has already established a food business. Commissioner Losik asked the City Attorney what he thinks the ordinance states. The City Attorney quoted the ordinance, which says: "... (2) that there shall The City Attorney says you can issue the,license under any restrictions you might want to put on, and if they are violated, you can pull the license. Commissioner Ashton asked Mr. Thompson if he would still have over 50% of his business from the sale of food. Mr. Thompson said he would only sell beer with a food order. He didn't think he would have any problems. Commissioner Losik said there is no question concerning the residence part of the ordinance, just the church and school. He would like to see the definition of school property,as referred to in the ordinance. The City Attorney again stated that they can issue the license with certain restrictions, and if there are any complaints about noise, the license can be revoked. He personally feels the dorm is part of the school and if the noise is a problem to the classroom, it would be just as much of a problem to the dorm, for students studying. Mr. Stewart asked the Commission to issue the license with any restrictions they might see fit. Commissioner Losik mentioned the church is not a problem, but moved to grant the livense, but to determine within 90 days the definition of a school, also if the dorm is classified as part of the school. The motion died for lack of a second. Commissioner Ashton doesn't feel this is right, he feels the license should be issued for a year, and if there are problems and complaints, pull the license. The City Attorney said if I am to research the law for these definitions, and if I find the dorm is part of the school, would the license be revoked? You cannot refund a beer license after it has been issued. He would be out his $100.00. The City Manager suggested they get an opinion from the Attorney General's Office on the definition of schools. be no beer served or consumed in such an establishment if it is closer than two hundred (200) feet to any existing hospital, school, church, or any District "AA", "A", "B", or "C", unless approval is granted by the board of commissioners under such restrictions as i seem appropriate after consideration of noise and other detrimental factors incident to such use..." He also mentioned he feels school and college are the same, and the dorm is part of the school and is within 200 feet. Commissioner Weisgerber asked if a license is issued, and there are complaints about noise, can the license be pulled? The City Attorney says you can issue the,license under any restrictions you might want to put on, and if they are violated, you can pull the license. Commissioner Ashton asked Mr. Thompson if he would still have over 50% of his business from the sale of food. Mr. Thompson said he would only sell beer with a food order. He didn't think he would have any problems. Commissioner Losik said there is no question concerning the residence part of the ordinance, just the church and school. He would like to see the definition of school property,as referred to in the ordinance. The City Attorney again stated that they can issue the license with certain restrictions, and if there are any complaints about noise, the license can be revoked. He personally feels the dorm is part of the school and if the noise is a problem to the classroom, it would be just as much of a problem to the dorm, for students studying. Mr. Stewart asked the Commission to issue the license with any restrictions they might see fit. Commissioner Losik mentioned the church is not a problem, but moved to grant the livense, but to determine within 90 days the definition of a school, also if the dorm is classified as part of the school. The motion died for lack of a second. Commissioner Ashton doesn't feel this is right, he feels the license should be issued for a year, and if there are problems and complaints, pull the license. The City Attorney said if I am to research the law for these definitions, and if I find the dorm is part of the school, would the license be revoked? You cannot refund a beer license after it has been issued. He would be out his $100.00. The City Manager suggested they get an opinion from the Attorney General's Office on the definition of schools. 16 Mr. Stewart said his client would rather have restrictions put on the license, than have one for 90 days. Commissioner Ashton moved to issue the license, and if any noise complaints or problems come up, they should be forwarded to the City Commission so they can review them and revoke the license, if necessary. The motion died for lack of a second. Commissioner Cooper would like to see the ordinance researched, to come up with a better ordinance as to restrictions, etc. A motion was made by Commissioner Cooper, seconded by Commissioner Losik that the Commission meet with legal council to review this part of the ordinance. Ayes: Cooper, Losik (2). Nays: Ashton (1). Commissioner Weisgerber and Mayor Caldwell abstained. The Mayor said the motion carried 2 to 1. Mr. Stewart said the ordinance is a good ordinance and gives the City Commission enough latitude so you can make exceptions on a case-by-case basis. Mr. Stewart said you have agreed to have a meeting with legal council to determin( the definition of a school. He urged the City Commission to now grant the license. They said this would not be done until the definition of a school is determined. MISCELLANEOUS AGENDA Commissioner Cooper asked if maybe some short posts could be put in Indian Rock Park where the cars are going over the edge of the hill. Commissioner Weisgerber asked the City Manager if he had checked with a consulting engineer about the Water Rate Study. The City Manager stated a meeting is scheduled for a week from Tuesday night, and the Citizens' Advisory Committee Sub -Committee will be notified. D. L. Harrison, City Clerk