01-18-1971 MinutesCity of Salina, Kansas
Commissioners' Meeting
January 18, 1971
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The Regular Meeting of the Board of Commissioners met in the Commissioners' Room,'
City -County Building, on Monday, January 18, 1971, 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 Donald D. Millikan
Commissioner Carl R. Rundquist
Commissioner Richard H. Zimmerman
comprising a quorum of the Board, also:
L. 0. Bengtson, City Attorney
Norris D. Olson, City Manager
D. L. Harrison, City Clerk
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The Minutes of the Regular Meeting of January 11, 1971, were approved as mailed.
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THE MAYOR PROCLAIMED January 17 through 23, 1971 - "JAYCEE WEEK". The proclamatiojn
was read by Wayne Owen, President of the Salina Jaycees.
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THE CITY COMMISSIONERS reconsidered the letter from the Salina City Planning
Commission recommending the denial of the rezoning of 501 West Cloud to District "D". The
rezoning was requested in Petition Number 3134, which was filed by C. N. Hoffman on
October 6, 1970) The petition was referred back to the Salina City Planning Commission by
the Board of Commissioners on December 14, 1970 for reconsideration. The issue was
reconsidered by the Board of Commissioners and tabled at the meeting of January 11, 1971.
Mr. Robert Berkley, the attorney representing C. N. Hoffman, Mr. Hoffman, and the
City Planner approached the bench and discussed different proposals for land use with the
City Commissioners. A motion was made by Commissioner Rundquist, seconded by Commissioner
I Millikan to table the petition for further consideration by the Salina City Planning
Commission and the petitioner. Ayes: (5). Nays: (0). Motion carried.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE prohibiting!
private rooms or closed booths by businesses licensed to sell cereal malt beverages and
providing exceptions thereto; amending Section 6-50 of The Salina Code and repealing the
existing section." A motion was made by Commissioner Rundquist, seconded by Commissioner
Ashton to adopt the ordinance as read and the following vote was had: Ayes: Ashton,
Millikan, Rundquist, Zimmerman, Caldwell (5). Nays: (0). Mayor approved the Ordinance
and it is numbered 8138. Carried. The ordinance was introduced for first reading
January 11, 1971.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing
I that any place of business licensed to sell cereal malt beverages shall be open to the
j public and police at all times; providing exceptions thereto; amending Section 6-51 of The
1 Salina Code and repealing the existing section." A motion was made by Commissioner Millikan',,
i seconded by Commissioner Zimmerman to adopt the ordinance as read and the following vote
was had: Ayes: Ashton, Millikan, Rundquist, Zimmerman, Caldwell (5). Nays: (0). Mayor
approved the ordinance and it is numbered 8139. Carried. The ordinance was introduced
for first reading January 11, 1971.
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AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE regulating
the location and visibility of places of business licensed as a general retailer for sale
of cereal malt beverages and providing exceptions thereto; amending Section 6-61 of The
Salina Code and repealing said existing section." A motion was made by Commissioner
Millikan, seconded by Commissioner Ashton to adopt the ordinance as read and the following
vote was had: Ayes: Ashton, Millikan, Rundquist, Zimmerman, Caldwell (5). Nays: (0).
Mayor approved the ordinance and it is numbered 8140. Carried. The ordinance was introduce'
for first reading January 11, 1971.
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AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE prohibiting
dancing in any place where cereal malt beverages are sold and providing exceptions thereto.”
A motion was made by Commissioner Rundquist, seconded by Commissioner Ashton to adopt the
ordinance as read.
Mr. David LeBer and Mr. Larry Bieberly were present, and did not want the City
Commissioners to pass the ordinance prohibiting dancing where beer is sold. They feel the
City is going backwards. Eighteen year olds need a place to go to dance and drink beer,
and this is now being done in Fraternal Clubs and the Country Club, according to Mr. LeBer.
He stated that he could fill the building with people wanting this ordinance amended.
Commissioner Rundquist asked Chief of Police Woody about the enforcement of the
ordinances. Chief Woody said the Police Department does not make the laws, but enforces
them. He said Mr. LeBer is speaking for himself and not for the majority of the citizens
of Salina. Mr. LeBer was told by the Police Department that he could not have dancing and
sell beer in the same place, but that Mr. LeBer wanted to test the law.
The following vote was had on the motion to pass an ordinance prohibiting dancing
in any place where cereal malt beverages are sold: Ayes: Ashton, Millikan, Rundquist,
Zimmerman, Caldwell (5). Nays: (0). Mayor approved the ordinance and it is numbered 8141.
Carried. The ordinance was introduced for first reading January 11, 1971.
A MOTION was made by Commissioner Ashton, seconded by Commissioner Zimmerman to
introduce an ordinance for first reading providing for the improvement of certain streets.
(Job 530) Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed: �a2� 19'?I Number: 414,
THE CITY CLERK reported that the Assessment Rolls are ready for the following
improvements, to -wit:
Job 522 - The installation of an 8" cast iron pipe water main beginning
at an existing 8" water main located on the south side of North
Street at the end of Idlewilde Place; thence running east
approximately 110 feet to the south parking of North Street;
thence north crossing North Street to the north parking; thence
east in the north parking of North Street to the east line of
Lot 4, Brown & Brown Addition # 1 to the City of Salina,
Saline County, Kansas
as authorized by Resolution Number 3063, adopted and approved by the Board of
Commissioners of the City of Salina, Kansas, on the 25th day of May, 1970.
A motion was made by Commissioner Rundquist, seconded by Commissioner Millikan
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 February 1, 1971, 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: (5)• Nays: (0). Motion carried.
A CEREAL MALT BEVERAGE License Application was filed by Enrique N. Perez, d/b/a
The Cat, 121 East Walnut Street. (New) A motion was made by Commissioner Millikan,
seconded by Commissioner Ashton to approve the license. Ayes: (5)• Nays: (0). Motion
carried.
A CEREAL MALT BEVERAGE License Application was filed by D'Estel Nesbitt, d/b/a
El Sombrero, 832 North Santa Fe Avenue. (New) A motion was made by Commissioner Rundquist,
seconded by Commissioner Ashton to approve the license. Ayes: (5). Nays: (0). Motion
carried.
A TREE TRIMMING License Application was filed by Walt Frederking, d/b/a King Lawn
I Service, 809 University for trimming only. A motion was made by Commissioner Millikan,
seconded by Commissioner Zimmerman to approve the license. Ayes: (5)• Nays: (0). Motion
carried.
AN ORDINANCE was introduced and passed entitled: "AN ORDINANCE making an
appropriation for the payment of certain claims." (payroll - $93,115.11) A motion was made
by Commissioner Ashton, seconded by Commissioner Rundquist to adopt the ordinance as read an,
following vote was had: Ayes: Ashton, Millikan, Rundquist, Zimmerman, Caldwell (5).
Nays: (0). Mayor approved the ordinance and it is numbered A-1566. Carried.
A motion was made by Commissioner Rundquist, seconded by Commissioner Zimmerman
that the Regular Meeting be adjourned. Ayes: (5). Nays: (0). Motion carried.
D. L. Harrison, City Clerk
the