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10-15-1973 MinutesCity of Salina, Kansas Regular Meeting of the Board of Commissioners October 15, 1973 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, October 15, 1973, 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 Jack Weisgerber, Chairman presiding Commissioner Robert C. Caldwell 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: Commissioner Norma G. Cooper Norris D. Olson, City Manager The Minutes of the Regular Meeting of September 24, 1973, were approved as mailed. THE MAYOR PROCLAIMED October 23, 1973 - "DAY -IN -COURT FOR LEGAL SECRETARIES". The proclamation was read by Shirley Darnell, President of the Salina Legal Secretaries. THE MAYOR PROCLAIMED the Week of October 21 through 27, 1973 - "NATIONAL BUSINESS WOMEN'S WEEK". The proclamation was read by Betty Just, of the Salina Business and Professional Women's Club. THE MAYOR PROCLAIMED the Week of October 21 through 28, 1973 - "NATIONAL CHILD EVANGELISM WEEK IN SALINA". The proclamation was read by Mrs. J. C. Reed. THE MAYOR gave a word of commendation and thanks to the Police Department, Civil Defense, news media, National Guard, Army Reserve, street crew and the Citizens for their good work on September 25th, when the tornado hit, and the storm that followed. "It is nice to realize that this City is prepared to meet the emergency situation, so we know if it occurs in the future, we have the capability of handling the situation well." STAFF AGENDA A PUBLIC HEARING was held on the proposed assessments for the improvements in Engineering Project 72-552: Sanitary sewer facilities to serve Lots 2, 3, 4, and 5, Brown and Brown Addition to the City of Salina, Saline County, Kansas Sanitary sewer facilities to serve a tract of land in the Southeast Quarter of the Northeast Quarter of Section Thirty-five (35), Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian in the City of Salina, Saline County, Kansas. as authorized by Resolution Number 3132, passed by the Board of Commissioners on the 6th day of November, 1972. There were no protests and no changes were made in the proposed assessment. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to approve the assessments and to introduce the assessment ordinance for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: A RESOLUTION was introduced and passed entitled: "A RESOLUTION providing for the issuance of No -Fund Warrants pursuant to Ordinance Number 8203 and the Board of Tax Appeals of the State of Kansas Order Number 1471-2 for the purpose of paying for the purchase of fire equipment." Commissioner Losik asked if this is the most economical way to do this. Mr. Harris replied, "The interest you will earn on the Revenue Sharing Funds will just about equalize what we are going to spend in No -Fund Warrants." Mr. Harrison said, "You have already made a levy of $40,000 for one No -Fund Warrant, and there has already been approved a like amount for next year's budget. You have already made a levy for two years." A motion was made by Commissioner Losik, seconded by Commissioner Usher that the Resolution be adopted as read and the following vote was had: Ayes: Caldwell, Losik, Usher, Weisgerber (4). Nays: (0). Commissioner Cooper absent. The Mayor approved the Resolution and it is numbered 3163. THE CITY ENGINEER filed Final Estimate for Engineering Project 72-551, Part II, for storm sewer and pavement improvements in Parkwood Village Addition, for Brown & Brown, Inc., in the amount of $20,405.01. A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to approve the estimate. Ayes: (4). Nays: (0). Motion carried. THE CITY CLERK reported the assessment rolls are ready for the following improvements, to -wit: Engineering Project 72-•551 - concrete paving, curbing, guttering, water main, sanitary sewer and storm sewer improvements for Parkwood Village Addition. as authorized by Resolution Number 3131, passed by the Board of Commissioners on the 6th day of November, 1972. The assessments have been determined and the final costs have been filed by the City Engineer. A motion was made by Commissioner Losik, seconded by Commissioner Usher to instruct the City Clerk to publish notice in the official city newspaper at least once not less than ten days prior to the date of October 29, 1973, the date set for the hearing on said assessments, and that at the same time notice is published, to mail to the owners of property made liable to pay the assessments, at their last known post office address, a notice of the hearing and a statement of the cost proposed to be assessed against the land so owned and assessed. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the Building Code Advisory Board recommending the disapproval of the request of USD 305 Board of Education, regarding their being exempted from acquiring a contractor's license to perform electrical work. It was felt by the Board that to permit this exemption would weaken the provisions of the Code and would set a precedent whereby other public agencies would also request exemptions, resulting in the performance of electrical work which would not be inspected for compliance with the National Electrical Code. The City Attorney said he disagrees with the last statement of the recommendation because they would be required to have their work inspected. Mr. Jim Morrow was present and stated he felt this should be considered by the Electrical Code Panel. The City Attorney replied, "The Electrical Code Panel is to give an interpretation of the code as it is written and as to the enforcement of it. I don't think there is any dispute here as to the interpretation of it. We set up a Building Code Advisory Board for this specific purpose, and I think they would be the proper ones to make a recommendation to the Commission. If they want to consult with somebody, fine; but certainly it has been placed in the right hands." A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to return the request to the Building Code Advisory Board for further study. Ayes: (4). Nays: (0). Motion carried. Mr. Harris said, "The Board of Education has changed their minds since they made their request, and it was Brockman they now plan to referred to the let their work Building Code Advisory Board, according to Fred out on contract. The matter still warrants further consideration because it relates to all governmental entities, which do work on their own facilities, but are not in the electrical contracting business. They would still be required to employ a master electrician, obtain permits and be inspected. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to return the request to the Building Code Advisory Board for further study. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the Building Code Advisory Board recommending a change in Article VI, Section 9-145 (4) deleting the words "Such qualifications shall parallel those of the City of Salina" from that section of the Code. It was felt by the Board that the "parallel" requirements would be unduly restrictive and that by removing the requirement, the Board of Electrical Examiners would be able to determine on an individual basis, the qualifications of an electrician desiring to work in the City. The Board of Electrical Examiners felt that reciprocity with other cities would be more favorable if this section were deleted. A letter supporting the code change was signed by five electricians who either represent, or are master electricians or owners of companies dealing in electrical contracting. A motion was made by Commissioner Losik, seconded by Commissioner Usher to instruct the City Attorney to prepare an ordinance for the next meeting, with the changes as recommended by the Building Code Advisory Board. Ayes: (4). Nays: (0). Motion carried. A MOTION was made by Commissioner Usher, seconded by Commissioner Caldwell to introduce an ordinance for first reading entitled: "AN ORDINANCE establishing Minimum Housing Requirements, defining terms; prohibiting certain acts; providing certain procedures; amending Chapter Sixteen of the Salina Code and repealing the existing chapter" with a change in Section 16-30 from "The board shall be appointed by the Mayor and shall serve at his pleasure" to "The board shall be appointed by the Mayor with the approval of the City Commission". Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the Metropolitan Planning Commission recommending the approval of the Final Plat of Country Hills Addition Number 2, requested in Petition Number 3330, which was filed by the A. B. Seelye Company, Inc. A motion was made by Commissioner Usher, seconded by Commissioner Losik to accept the recommendation of the Metropolitan Planning Commission and approve the final plat. Ayes: (4). Nays: (0). Motion carried. A MOTION was made by Commissioner Usher, seconded by Commissioner Losik to introduce an ordinance for first reading annexing and zoning certain land to the City of Salina, Kansas, in conformity with the provisions of K.S.A. 12-520. (Country Hills Addition Number 2, approved by the Board of Commissioners on August 27, 1973, subject to the approval of the final plat." Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the Metropolitan Planning Commission concerning Petition Numbers 3320 and 3321, which were filed by Mr. Gerald Knowles for the annexation and rezoning of a tract of land in the Southwest Quarter of Section 19-14-2, "With a full commission present, the following action was taken: A statement was made that 'The proposed useage appears to be compatible with the present development in the area and should not adversely affect future development'. Therefore, it was moved that both petitions be returned to the City Commission with no change in the recommendation. The motion was approved by a vote of seven (7) in favor to one (1) opposed." (The petitions were referred back to the Metropolitan Planning Commission for reconsideration on September 17, 1973) Mr. Gerald Knowles was present and stated this would be upgrading the area not degrading it, and that there is an economic factor to be considered for the community. Mrs. Ogborn was present and said, "Recommendations of this type should carry with them some value as to what the decisions are or else we are asking people to serve for no reason. The Planning Commission has said this will not appreciably change the neighborhood and I feel that since it has gone through there twice, I hope this carries some weight." Mrs. Mathis was also present and asked for the approval of the requests. Mr. Torrey was present again protesting the annexation and rezoning. He still wants the land to be developed as residential, but wants any consideration of change delayed until the new land use plan is completed. Commissioner Usher moved to accept the recommendation of the Metropolitan Planning Commission and approve the annexation and rezoning. The motion died for lack of a second. A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to delay action on the request until October 29, 1973, when there is a full commission present, since this is a controversial issue. Ayes: Caldwell, Losik (2). Nays: (0). Commissioner Usher and Mayor Weisgerber abstained. Motion carried. Mr. Knowles asked that the Commission consider his request after the Autoplaza issue has been resolved. Commissioner Caldwell amended his motion to delay action until November 12, 1973. The motion was seconded by Commissioner Losik. Ayes: (.4). Nays: (0). Motion carried. 1 A LETTER was received from Rev. J. E. Jones, Chairman of the ad hoc committee for Human Relations, presenting the ordinance the committee drafted on Human Relations for the City of Salina, Kansas. Rev. Jones and members of the committee were present. Mayor Weisgerber thanked the members for serving on the committee and for putting this ordinance together. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to have a joint study meeting with the ad hoc committee and the City Attorney. Ayes: (4). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing the City Manager to file application for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act". (Public law 606, 91st Congress) Mr. Harris said the time has been extended from September 25th through October 15th, instead of October 5th, in the original period. A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to adopt the Resolution as read and the following vote was had: Ayes: Caldwell, Losik, Usher, Weisgerber (4). Nays: (0). Commissioner Cooper absent. The Mayor approved the Resolution and it is numbered 3164. THE CITY ENGINEER reported on a request from A. L. Botts, d/b/a B & W Taxi Company for one taxi parking space at the west end of the two hundred (200) block of West Mulberry Street on the south side of the street, that parking is permitted on the south side of the two hundred block of West Mulnerry Street on both sides of Eighth Street from Mulberry Street to South Street. "We presently have six (6) parking spaces reserved for taxi cabs: (1) Three (3) in the 100 Block of East Walnut Street (2) Ore (1) in the 100 Block of West Walnut Street (3) Two (2) in the 100 Block of East Ash Street all of the above spaces are adjacent to the Central Business District and are available to any taxi licensed to operate in the City. Reserved taxi parking spaces should be located for the convenience of pedestrian traffic. "Mr. Botts request is for a reserved space adjacent to his residence in a residential area and this department would recommend denial of this request. "We further question if it is legal for Mr. Botts to operate a taxi service in a District "C" (Apartment House District) zone. 'In this district a private garage accessory to a one or two-family dwelling may provide space for not more than one motor vehicle for each seven hundred and fifty (750) square feet of lot area, and a storage garage may be permitted as an accessory use to an apartment house, apartment hotel, hotel or duplex. No business occupation or service connected motor vehicles be permitted. The same provisions regarding community garage applies in this district as in District "AA". Salina Code; Appendix A; Zoning Section 9, District "C" (Apartment House District) Paragraph (9) (b) -pg 1547. Commissioner Losik moved to have the staff contact Mr. Botts and review the contents of the letter, and see what his feelings are, because he may want to relocate, and if he does he may want to withdraw this completely. There was no second to the motion. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to accept the recommendation of the City Engineer and deny the taxi parking space. Ayes: (4). Nays: (0). Motion carried. A MOTION was made by Commissioner Caldwell, seconded by Commissioner Losik to instruct the City Clerk to advertise for bids to be received October 29, 1973 for the following equipment and vehicles: 1. Two - air compressors for the Street Department 2. One - 3 cubic yard street sweeper for the Street Department 3. One - 4 cubic yard street sweeper for the Street Department 4. Two - trucks for the Street Department 5. One - truck and aerial manlift for the Park Department 6. One - station wagon for the Fire Department 7. One - tractor and loader for the Park Department 8. One - tractor for the Cemetery Department 9. Two - 3/4 ton trucks for the Water & Sewerage Department 10. One - automobile for the Water & Sewerage Department (items 1 through 8 will be purchased with Revenue Sharing Funds and Items 9 and 10 from Water & Sewerage Department Funds). Ayes: (4). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Numbers 3349, 3350, 3351, 3352, which were filed by the Masonic Temple Trustees, requesting vacation of certain alleys and dedicating certain easements in the 300 Block of South Santa Fe Avenue, between Mulberry and South Streets, and recommends approval of these petitions under the following conditions: 1. The east—west alley in Lot 181 on Seventh Street be vacated and returned to the property owner. 2. The south eighty feet (80') of th.e north—south alley between Lots 177, 179, and 181 on Seventh Street and Lots 178, 180, and 182 on Santa Fe Avenue be vacated for alley purposes, but retained by the City as a utility easement. 3. The masonic organization dedicates to the City an east—west alley through Lots 177 on Seventh Street and 178 on Santa Fe Avenue A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to accept the recommendation of the City Engineer and approve the vacation of the alleys according to his recommendation, and to introduce the vacating ordinances for first reading. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: Ordinance Passed: Number: A MOTION was made by Commissioner Losik, seconded by Commissioner Usher to include a request of the Planters State Bank on the agenda. Ayes: (4). Nays: (0). Motion carried. Mr. Meyer, Mr. Harris, Mr. Boyer approached the bench to discuss drawings of the Planters State Bank detached facility. After a lengthy discussion, Commissioner Losik moved to allow the 38 foot driveway off Buckeye Avenue. The motion was seconded by Commissioner Usher. Ayes: (4). Nays: (0). Motion carried. COMMISSION AGENDA "DISCUSSION OF THE PROPOSAL OF ADOPTING A CHARTER ORDINANCE TO ALLOW THE CITY TO SUPPORT, FINANCIALLY, THE SILVER SABRES." (Sponsored by Commissioner Usher) Commissioner Usher said, "The Silver Sabres came to us some time ago and asked for assistance and we had the City Attorney look into it and it was his opinion that we could not legally financially support the Silver Sabres, but there seemed to be a strong feeling that if there -was some possible way we could work it out, the community and some of the Commissioners would like to support it. Larry then drafted an ordinance which would allow us to do this. It is a charter ordinance and it allows us to change the definition of band to read, 'That the meaning of the word 'band' as used in this act shall be any musical group which, in the opinion of the Governing Body of the City of Salina, is capable of presenting worthwhile and entertaining band concerts or musical services.' This is the way Hutchinson is able to financially support their drum and bugle corps. The method we might be able to use, if this ordinance is passed, to finance the Silver Sabres would be through Contingencies in 1974 and then in 1975, if it would be the wishes of the Commission, it could then be put in the budget." Commissioner Usher moved to place the Charter Ordinance on first reading. Commissioner Losik seconded the motion. Ayes: (4). Nays: (0). Motion carried. Charter Ordinance Passed: Number: COMMISSIONER LOSIK moved to add an item to the agenda, to discuss waiving landfill fees temporarily. Commissioner Usher seconded the motion. Ayes: (4). Nays: (0). Motion carried. Commissioner Losik suggested the City Commission consider waiving the fee for the next week or ten days for the use of the landfill so people with damaged property from the recent flood water could take their trash to the landfill so it would take the load off our city crews. Mr. Harris said the new landfill opened this morning at 7 o'clock on a fee basis, and everyone who has used it today has paid the fee. He asked if they planned to do this everytime we have a storm?" Commissioner Losik suggested it be for times there has been a disaster declared. The City Attorney commented that there is nothing to authorize them to violate the new ordinance which has been adopted, without repealing or amending it. The ordinance says there will be a fee charged unless it is amended. After a short discussion, a motion was made by Commissioner Losik, seconded by Commissioner Usher to instruct the City Attorney to draft an ordinance to amend the solid waste ordinance to allow the City Commission to suspend the fees for the use of the landfill at such times as they deem necessary. Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3360 was filed by G & K, Inc., George C. Etherington, President, for the rezoning of a tract of land in the Southwest corner of the SE4 SW4 19-14-2, (Courtney Addition) from Agricultural to District "C" (Apartment House District). A motion was made by Commissioner Losik, seconded by Commissioner Usher to refer the petition to the Metropolitan Planning Commission. Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3361 was filed by A. B. Seelye Company, Inc., George C. Etherington, President, for the surfacing of Fairdale Road from the intersection of Fairdale Road and Fairdale Court with 8" hot mix 43 feet wide; the surfacing of all of Fairdale Court with 8" hot mix 31 feet wide. The surfacing of all of Country Hills Road to the end of Country Hill cul-de-sac with 8" hot mix 31 feet wide. Sewer to service Lots One (1) through Seventeen (17), inclusive, Block Two (2) and sewer to service Lots One (1) through Twenty (20) inclusive, Block Three (3), all in Country Hills Addition Number Two (2), Salina, Kansas, and all service to be on a ten (10) year pay basis assessed against the property, and water to service the above _lots. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to refer the petition to the City Engineer for a report. Ayes: (4). Nays: (0). Motion carried. Commissioner Losik asked for a report from the City Engineer as to whether the property owner would have to comply with Resolution Number 3113. PETITION NUMBER 3362 was filed by Kenneth Nordboe for the installation of a street light at the end of Meadowlark Lane. 2200 block - dead end street at this time. A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to refer the petition to the City Engineer for a recommendation. Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3363 was filed by the Urban Renewal Agency, by Richard Worth, for the approval of the final plat of the Northeast Industrial Park 1st Addition. A motion was made by Commissioner Usher, seconded by Commissioner Losik to refer the petition to the Metropolitan Planning Commission. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from Howard Engleman, Attorney representing Weeks, Inc., requesting the removal or cut of median on South Santa Fe Avenue. A motion was made by Commissioner Usher, seconded by Commissioner Losik to refer the request to Engineering and traffic, and to also have them consider a request made by the Ambulance Service for a cut in the median at ,Asbury Hospital. Ayes: (4). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Verna J. Shipman, d/b/a Jody's Place, 311 East Pacific. (New application). The City Clerk reported the applicant has paid the required fee, and the application has been approved by the Zoning Officer, Health Department and the Police Department. A motion was made by Commissioner Usher, 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 CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Frank J. Zsamba, d/b/a The Barbary Coast, 925 West Lincoln. (New application). The City Clerk reported the applicant has paid the required fee, and the application has been approved by the Zoning Officer, Health Department and the Police Department. A motion was made by Commissioner Usher, 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 LETTER was received from Ben Critchfield notifying the City Commission that he would appear at the regular Commission meeting, Monday, October 15th, to make a complaint against Assistant City Attorney (Barta) that he refused to serve a complaint signed by him against a Mr. Kline for running a stop light and damaging the Critchfield car. "I have been advised that he was required by law to process this complaint and that he refused to do so. I would like to know why such people are on the city payroll?" Mr. Ben Critchfield and James L. Willis were both present and repeated the charges in the letter. The City Attorney explained PUBLIC AGENDA Commission form of government, and that the City Commission is PETITION NUMBER 3359 was filed by G & K, Inc., George C. Etherington, President, for the approval of the preliminary plat of Courtney Addition. (A tract of land in the he has done, and the Assistant Southwest corner of the SE4 SW4 19-14-2). A motion was made by Commissioner Usher, seconded by Commissioner Losik to refer the petition to the Metropolitan Planning Commission. Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3360 was filed by G & K, Inc., George C. Etherington, President, for the rezoning of a tract of land in the Southwest corner of the SE4 SW4 19-14-2, (Courtney Addition) from Agricultural to District "C" (Apartment House District). A motion was made by Commissioner Losik, seconded by Commissioner Usher to refer the petition to the Metropolitan Planning Commission. Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3361 was filed by A. B. Seelye Company, Inc., George C. Etherington, President, for the surfacing of Fairdale Road from the intersection of Fairdale Road and Fairdale Court with 8" hot mix 43 feet wide; the surfacing of all of Fairdale Court with 8" hot mix 31 feet wide. The surfacing of all of Country Hills Road to the end of Country Hill cul-de-sac with 8" hot mix 31 feet wide. Sewer to service Lots One (1) through Seventeen (17), inclusive, Block Two (2) and sewer to service Lots One (1) through Twenty (20) inclusive, Block Three (3), all in Country Hills Addition Number Two (2), Salina, Kansas, and all service to be on a ten (10) year pay basis assessed against the property, and water to service the above _lots. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to refer the petition to the City Engineer for a report. Ayes: (4). Nays: (0). Motion carried. Commissioner Losik asked for a report from the City Engineer as to whether the property owner would have to comply with Resolution Number 3113. PETITION NUMBER 3362 was filed by Kenneth Nordboe for the installation of a street light at the end of Meadowlark Lane. 2200 block - dead end street at this time. A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to refer the petition to the City Engineer for a recommendation. Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3363 was filed by the Urban Renewal Agency, by Richard Worth, for the approval of the final plat of the Northeast Industrial Park 1st Addition. A motion was made by Commissioner Usher, seconded by Commissioner Losik to refer the petition to the Metropolitan Planning Commission. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from Howard Engleman, Attorney representing Weeks, Inc., requesting the removal or cut of median on South Santa Fe Avenue. A motion was made by Commissioner Usher, seconded by Commissioner Losik to refer the request to Engineering and traffic, and to also have them consider a request made by the Ambulance Service for a cut in the median at ,Asbury Hospital. Ayes: (4). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Verna J. Shipman, d/b/a Jody's Place, 311 East Pacific. (New application). The City Clerk reported the applicant has paid the required fee, and the application has been approved by the Zoning Officer, Health Department and the Police Department. A motion was made by Commissioner Usher, 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 CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Frank J. Zsamba, d/b/a The Barbary Coast, 925 West Lincoln. (New application). The City Clerk reported the applicant has paid the required fee, and the application has been approved by the Zoning Officer, Health Department and the Police Department. A motion was made by Commissioner Usher, 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 LETTER was received from Ben Critchfield notifying the City Commission that he would appear at the regular Commission meeting, Monday, October 15th, to make a complaint against Assistant City Attorney (Barta) that he refused to serve a complaint signed by him against a Mr. Kline for running a stop light and damaging the Critchfield car. "I have been advised that he was required by law to process this complaint and that he refused to do so. I would like to know why such people are on the city payroll?" Mr. Ben Critchfield and James L. Willis were both present and repeated the charges in the letter. The City Attorney explained that the City of Salina is governed by the City Manager - Commission form of government, and that the City Commission is ,just a policy making group, and they cannot, by State Law, interfere with the operation of any department. He said he had informed Mr. Critchfield when he called his office that he would check with the Assistant City Attorney, which he has done, and the Assistant City Attorney would file a written report, which has not yet been done, since it was only requested late last week. Commissioner Usher asked Mr. Critchfield who advised him this item should be put on the Commission meeting agenda. Mr. Willis replied that Commissioner Losik advised them to put it on the agenda. Commissioner Losik stated he was called by Mr. Critchfield, and he told him he would take no personal action on it, but if he wanted to he could put it on the agenda, which any citizen is entitled to do. The City Attorney explained that it is not correct to assume that anyone can sign a complaint and have the City Attorney prosecute. It is a matter of discretion. Each complaint is investigated. The Municipal Court is not to be used for the collection of civil damages. He told Mr. Critchfield when the written report is filed, he will turn it over to the City Manager to be reviewed, and that is the status of the matter at the present time. A motion was made by Commissioner Usher, seconded by Commissioner Losik that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (4). Nays: (0). Motion carried. D. L. Harrison, City Clerk