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09-24-1973 Minutes1 1 1 City of Salina, Kansas Regular Meeting of the Board of Commissioners September 24, 1973 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, September 24, 1973, at seven o'clock P.M. The Mayor asked everyone to stand for the pledge of allegiance to the Flag and a moment of silent prayer. There were present: Mayor Jack Weisgerber, Chairman presiding Commissioner Robert C. Caldwell Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. Commissioner W. M. Usher comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney W. E. Harris, Deputy City Manager D. L. Harrison, City Clerk Absent: Norris D. Olson, City Manager The Minutes of the Regular Meeting of September 17, 1973, were approved as mailed. Mayor Weisgerber announced that most of the Commission will be in Topeka for the Kansas League of Municipalities meeting on October 1, 1973, and October 8, 1973 is Columbus Day, which is a legal holiday, so the next regular meeting will be October 15, 1973. THE MAYOR PROCLAIMED Sunday, September 30, 1973 - "PEANUT BUTTER SUNDAY". The proclamation was read by Mr. Larry James, Chairman of the Salina Jaycees Peanut Butter Sunday Committee. THE MAYOR PROCLAIMED the Week of October 1 through 6, 1973, "LIONS WEEK FOR THE VISUALLY HANDICAPPED", and October 6, 1973 - "CANDY DAY FIGHT FOR SIGHT". The proclamation was read by Mr. Dick Renfro, President of the Salina Downtown Lions Club, representing all three Lions Clubs. THE MAYOR PROCLAIMED the Week of October 7 through 13, 1973 - "FIRE PROTECTION WEEK". The proclamation was read by Inspector Brockway of the Salina Fire Department. (The Great Chicago fire occurred 102 years ago, during the week of October 9th.) THE MAYOR PROCLAIMED the Week of October 8th, 1973 - "HELP YOUNG AMERICA WEEK". The proclamation was read by Mr. Fred Whitney of the Colgate Palmolive Company. STAFF AGENDA BIDS WERE RECEIVED for Engineering Project 73-561 for Slurry Seal Street Improvements: Bal lou Construction Company, Inc.,Salina, Ks. $50,921.20 Allied, Inc., Hays, Kansas 53,888.00 Engineer's Estimate 51,940.00 A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to accept the proposal of Ballou Construction Company, Inc., in the amount of $50,921.20, as the low bidder, providing it meets the specifications of the City Engineer. Ayes: (5). Nays: (0). Motion carried. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Zoning Ordinance Number 6613, and the Zoning District Map therein and thereby adopted and providing for the rezoning of certain property within the City and prescribing the proper uses thereof." (Rezoning of Lots 4 and 6, Block 6, Bonds Addition to District "DD" (Office District) as requested in Petition Number 3340, which was filed by Robert D. Henson, D.D.S.) A motion was made by Commissioner Cooper, seconded by Commissioner Usher to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8307. The ordinance was introduced for first reading September 10, 1973. I 54 A RESOLUTION was introduced for second reading entitled: "A RESOLUTION determining the necessity of and directing that the owner or owners of certain lots construct, in compliance with plans and specifications of the City Engineer, a sidewalk, abutting said lots within 45 days of the adoption and publication hereof and providing that in the event the owner or owners fail to do so, that the City of Salina shall proceed to construct, or cause to be constructed, said sidewalk and that the total cost thereof shall be assessed against such lot or lots on which such sidewalk shall abut as other special assessments." (Abutting Lot 28, Block 3, and Lot 14, Block 4, South Field Addition). A motion was made by Commissioner Usher, seconded by Commissioner Losik to adopt the Resolution as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0) Carried. The Mayor approved the Resolution and it is numbered 3162. The Resolution was introduced for first reading September 17, 1973. A LETTER Was received from the Metropolitan Planning Commission recommending the denial of Petition Number 3342, which was filed by G & K, Inc., for the annexation of Autoplaza Addition; also a LETTER recommending the denial of Petition Number 3344, which was filed by G & K, Inc., for the rezoning of the West 45 acres of the North z of the SW4 of 19-14-2 to District "EE" (Local Service District). The City Attorney reported he received a call from Mr. Linville, whose firm represents one of the interested parties in the matter. He said Mr. Clark is out of town and could not be at this meeting and requested the City Commission take no action on either of these two recommendations and continue them until the next regular meeting. Commissioner Losik commented that this is a controversial matter and "as brought out at previous meetings, I don't know what more either side could add to what they have already said, and to delay it longer would be not getting a decision and the next regular meeting, which is October 15th, would not have a full commission here." After a short discussion, a motion was made by Commissioner Usher, seconded by Commissioner Cooper to table the matter until October 29th, when a full commission can be present. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from Ron Barta, Assistant City Attorney, requesting that the City Commission take the necessary action to revoke the Cereal Malt Beverage License held by Tom Young, for the Tiki Room, 925 West Lincoln. Mr. Barta said this request is made by his office, at the request of the Detective Division of the Salina Police Department, because between July 28th and September 12th, there have been 8 reports of juveniles loitering in and about the premises of the Tiki Room. In at least 2 reports there has been drinking involved. He advised the Commission there have been warnings given to the woman in charge of the place when Mr. Young has not been there, and since the holding of a cereal malt beverage license for retail sales for consumption on the premises is a privilege granted by the City Commission, and since these particular reports do reflect a violation of the Salina Code and are a reason for revoking the license, they make the request that the City Commission take the necessary action to revoke the license. Mr. Tom Young asked for time to contact an attorney because he said he had not been notified this matter was to be considered this evening, until he read it in the news- paper. Commissioner Losik said, "Our Code reads, whoever has the license is responsible for any and all acts of their employees, so in this case if this is correct, and this is in the Code, then the employees have been notified of this. The employees were aware of this. Since it definitely does not relieve the licensee of this obligation, it would mean then that you were notified through your employees. Now as to whether you should be given written information on this or not, it would appear to me that if the police were talking to somebody in there that was in charge and advising them of these things, that they would certainly tell the boss about it." Mr. Young said his employees said nothing. Detective Edgington of the Salina Police Department commented that Mr. Young's main problem is that he doesn't really know what is going on. He had a 17 year old girl employed there as a bar maid. The City Attorney explained that the Salina Code says the Board of Commissioners shall revoke such license if they determine that any of these violations have existed; and one is the employment of a person under 18 years of age in dispensing cereal malt beverages, another one under this section where mandatory revocation is required is if the licensee permits persons under 18 years of age to loiter about his place of business. u None COMMISSION AGENDA PUBLIC AGENDA A REQUEST was received from A. L. Botts, d/b/a B & W Taxi Company, for permission for one taxi parking space at the west end of the 200 Block of West Mulberry on the south side. A motion was made by Commissioner Losik, seconded by Commissioner Usher to refer the request to the Traffic Engineer. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3357 was filed by Virgil W. Yost and Patricia A. Yost to vacate the East 10 foot easement of the East 60 feet of Lot 2, Block 2, Southern View Addition. Request easement be vacated in order to construct a garage. Will grant the phone company access to buried cable located two feet from the property line. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to refer the petition to the City Engineer. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3358 was filed by M. Ethel Reeder to protest the installation of water and sewerage disposal on East Woodland Avenue. Mayor Weisgerber commented that there has not yet been a request for the installation of these services. The City Attorney commented that, "You can't protest something that hasn't even been proposed, and if there is something subsequently filed, she would certainly have to renew the protest, and this would require a new petition." The City Clerk reported he did try to talk the lady out of filing it. A motion was made by Commissioner Cooper, seconded by Commissioner Usher to place Petition Number 3358 on file with the City Clerk. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Losik, 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 City of Salina, Kansas Regular Meeting of the Board of Commissioners October 1, 1973 There was no meeting today, because a quorum was not present. Kansas League of Municipalities in Topeka, Kansas. D. L. Harrison, City Clerk City of Salina, Kansas Regular Meeting of the Board of Commissioners October 8, 1973 There was no meeting today, because a quorum was not present. Legal Holiday - Columbus Day. D. L. Harrison, City Clerk A motion was made by Commissioner Cooper, seconded by Commissioner Usher to revoke the Cereal Malt Beverage License held by Tom Young, for the Tiki Room at 925 West Lincoln, and instruct the staff to give the required written notice. Ayes: (5). Nays: (0). Motion carried. Commissioner Losik explained the licensee has the option to appeal the decision to District Court within 20 days, under Section 6-58 of the Salina Code; but during this appeal, and the pending of this appeal, this does not suspend the action taken here tonight. u None COMMISSION AGENDA PUBLIC AGENDA A REQUEST was received from A. L. Botts, d/b/a B & W Taxi Company, for permission for one taxi parking space at the west end of the 200 Block of West Mulberry on the south side. A motion was made by Commissioner Losik, seconded by Commissioner Usher to refer the request to the Traffic Engineer. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3357 was filed by Virgil W. Yost and Patricia A. Yost to vacate the East 10 foot easement of the East 60 feet of Lot 2, Block 2, Southern View Addition. Request easement be vacated in order to construct a garage. Will grant the phone company access to buried cable located two feet from the property line. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to refer the petition to the City Engineer. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3358 was filed by M. Ethel Reeder to protest the installation of water and sewerage disposal on East Woodland Avenue. Mayor Weisgerber commented that there has not yet been a request for the installation of these services. The City Attorney commented that, "You can't protest something that hasn't even been proposed, and if there is something subsequently filed, she would certainly have to renew the protest, and this would require a new petition." The City Clerk reported he did try to talk the lady out of filing it. A motion was made by Commissioner Cooper, seconded by Commissioner Usher to place Petition Number 3358 on file with the City Clerk. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Losik, 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 City of Salina, Kansas Regular Meeting of the Board of Commissioners October 1, 1973 There was no meeting today, because a quorum was not present. Kansas League of Municipalities in Topeka, Kansas. D. L. Harrison, City Clerk City of Salina, Kansas Regular Meeting of the Board of Commissioners October 8, 1973 There was no meeting today, because a quorum was not present. Legal Holiday - Columbus Day. D. L. Harrison, City Clerk