Administrative Brief
COMMISSION INFORMATIONAL MEMORANDUM
June 15, 1979
Vol. I, No. 5
ITEMS OF INTEREST
1. The Bicentennial Center Authority has changed their regular meetings
from twice a month to once a month. They will be held on the fourth
Thursday of each month, 4:00 P.M., in the VIP Room of the Bicenten-
nial Center. All Commissioners are invited to attend.
2. I have had a complaint from La VelIe Frick, wife of the owner of
Concrete & Supply Co. Concrete & Supply is one of three concrete
suppliers in the city. The other two are Salina Concrete Products
and A J's Quality Concrete, Inc. In essence, Mrs. Frick's complaint
is that C & S does not receive the proper proportion of city busi-
ness. I am not in agreement with her position although cities fre-
quently receive these types of complaints because some suppliers
believe that because they are in the city, they have a "right" to
some portion of the city's business. In 1978, the city purchased
approximately $21,050 worth of concrete. $15,138 was from Salina
Concrete, 72%; $4,384 from Concrete & Supply, 21%; and A J'S $1,526
or 7% of the total. Concrete & Supply charges the highest price
per yard for concrete at $41.30; Salina Concrete is the lowest at
$35.60 and A J'S cost is $36.60. The city does not use a large
quantity of concrete, mostly for utility restorations and curb work
involved on street improvement projects. The bulk of the concrete
used on city projects is provided by contractors who are under con-
tract to the city. Where concrete is purchased is based upon:
1). availability. The city uses such small quantities, normally
less than 2 yards, that the supplier must squeeze us in among the
larger jobs. 2). price. Recently Concrete and Supply started to
charge a $10.00 fee when the city picks up these small quantities
of concrete. No other supplier charges the $10.00 fee. I have
talked this matter over with Mrs. Frick. I doubt I satisfied her
and certainly you may hear from her in the future.
3. Enclosed is a letter from Sister Jean Sweat of Marymount College and
my reply to it. We are putting this letter on file and will bring
it back to your attention in March.
4. There are three vacancies on the Human Relations Commission: Shirley
Jacques, Charles Marsh and Don Morris. They have resigned from the
Commission. Charlie and Shirley are the Chairman and Vice-Chairman
of the Commission. I think it is important to make the appointments
as soon as possible. The following persons are interested in ap-
pointment to the Commission. Their terms run from the date of their
appointment or until June 7, 1982.
Kathy R. Vetter is an attorney who is active in the League of Women
Voters and serves on the LWV's Human Relations Commission. Her legal
expertise could be a real asset to the Commission. Charles E. Stevens,
Jr., is the owner of Stevens Construction, Inc., and could be con-
CIM - June 15, 1979
Page Two
sidered a representative of the construction industry in replacing
Commissioner Don Morris. Jerry W. Dyck is the principal at Sunset
Elementary School and is active in community affairs. He could
represent education and he would, of course, replace the vacancy
caused by the retirement of Charlie Marsh. These appointments have
been recommended by Will Burnett. I think the Commission should make
these as soon as possible.
5. While on the matter of appointments, there is still a vacancy on the
Planning Commission. I have received a letter from George Ethering-
ton requesting that he be appointed to the Planning Commission. He
feels he has a considerable amount of experience in real estate and
home building in Salina and he thinks this would be a definite asset.
Enclosed is a copy of his letter.
6. As noted in the Journal, Attorney General Robert Stephan has issued
an opinion that cities and counties can not prohibit fireworks. As
is the case in many legal opinions, the decision pivots on one word,
in this case "regulate". The statute allows cities to regulate and
in the Attorney General's opinion, regulate does not mean prohibit.
Larry and I have not discussed this opinion because we have not seen
it, but we will be looking into it as it pertains to Salina. The
immediate effect is limited. An Attorney General's opinion does not
have the force of law; only court decisions and legislative enact-
ments have the force of the law.
We will continue to enforce the city ordinance and over the next
year make an effort either to modify it or have the statute amended.
ADMINISTRATIVE BRIEFS
1. We are deep in work on the 1980 budget. The 1979 adopted budget for
the general fund was $4,005,460. I estimate the 1979 adjusted budget
will be very close to that figure, although somewhat less. The de-
partments' requests for the 1980 general fund budget total $5,220,010.
I have reduced those requests in budget sessions with John Estes, Bob
Ash, Dave Robertson and John Woody by approximately $700,000. Don
Harrison estimates the general fund will receive an additional $500,000
in revenue in 1980. This does not include transferring approximately
$90,000 in Blue Cross/Blue Shield premiums out of the general fund
into the special benefits fund.
The proposed budgets include salary adjustments of 5% and no other
benefit adjustments. I am planning to recommend a 7% salary adjust-
ment and to assume 50% of the dependent coverage for hospitalization
insurance.
Fire Department personnel are covered under a separate Blue Cross/Blue
Shield policy. They also receive dental insurance which is not avail-
CIM - June 15, 1979
Page Three
able to other city employees. The Firemens' Relief Association re-
ceives from the State a share of the tax levied on casualty and fire
insurance. This money has been used to pay approximately 85% of the
individual employee's premium, while the city pays the remaining 15%.
For other city employees, the city pays the entire individual employee
premium which is $50.75. The receipts from the insurance tax have
been insufficient to meet the cost. I will propose to have the fire
personnel included in the city policy, which should reduce the costs
and increase the benefits. We next have to resolve the question of
what amount the city should pay of the premium in view of the insur-
ance tax which is not available to other city employees.
3. We are still having problems with the water on Merrill Street. Dean
Boyer has consulted with Bob Crawford of Wilson & Company. For some
unknown reason, the water has not formed a protective coating on the
interior of the main. The plant is in the process of changing chem-
ical additives in the water treatment, hoping to develop a coating.
Of course, if successful, this experiment will require several months
to form a coating sufficient to inhibit rusting action. It remains
a mystery why the problem should persist in this isolated area.
4. I have appointed Curt Wood as Administrative Assistant, effective
Monday, June 18th. Curt Wood will take George Wood's position. They
are not related. Curt, age 30, is married and has two children. His
wife's name is Zena.
Curt has completed the oncampus work for a Master's Degree at the
University of Kansas. This is the same program that Norris Olson,
George Wood and I participated in. Curt should receive his Master's
Degree in Summer, 1980. They will be purchasing a house in Salina
in the near future.
5.. I have discussed with Steve Jennings of Bucher & Willis the progress
and prospects at Lower Indian Rock ballfield complex. Frankly, I am
not satisfied with the explanation for the slow process at the field.
John Estes, at approximately the same time, constructed the fields at
Schilling which were used last year and, of course, are in use again
this year. It appears the seeding delay was caused by the necessity
to fill the channel along the dike which was not originally required
by the Corp of Engineers. Even considering that, it seems it has
taken an unnecessarily and needlessly long period to time to have
this project seeded. The contractor also argued that the Fall of
1978 was drier than normal. He will be requesting an extension of
approximately 81 days from the original completion date which was
March 17, 1979.
The net result is that the diamonds will not be in play in 1979. How-
ever, I understand that the basic reason for them not being in play
this year is that the Recreation Commission stated last winter that
they would not need them this spring. Concession stand, well and
sewer line are proceeding and the park should be ready for full
activity in the Spring, 1980.
CIM - June 15, 1979
Page Four
6. The Skyfire I will be held on July 4 at the Ivey Park. The Recrea-
tion Commission has consented to be the sponsor of the fireworks.
The city will be involved because a city insurance is necessary at
a premium of $150. This will be paid as a part of the cost for the
fireworks and would not be an additional expense for the city. The
City and County are contributing $500 each; the rest is privately
raised. I think fireworks will probably become a continuing com-
munity celebration.
7. I have two ideas which may be of interest. One is a set of rules
for the conduct of Commission meetings. The other one is a new
order of business for the Commission meetings. There are two key
features which we presently do not have. One is a "citizen forum"
which provides at each commission meeting the opportunity for citi-
zens to comment to the commission on any item that is not on the
agenda. No action is taken on that specific item, but it does give
citizens a chance to express their views. Items from "citizen forum"
may be the basis for future commission action or certainly, in most
cases, some kind of action from the city staff.
The second matter concerns a consent agenda which, in one motion,
handles the routine matter before the commission, such as approval
of minutes and the other procedural items.
I will also propose that bids be opened prior to the commission meeting
and then presented to the commission with tabulation and supporting
documentation for award. Most bids would be opened on the Thursday
prior to the commission meeting, except in the case of bond issues
which would be opened about one hour before the meeting. This will
provide a more business-like method of handling bids.
I understand my proposals are permissible under Kansas statutes. In
order to keep your workload at a more uniform pace, I am not providing
this information at this time but will provide it with the next agenda.
)
8. Attached is a "Planning Update" from Keith Rawlings setting forth the
status of the various major pplanning projects. This will be provided
to you at least monthly and in some cases twice monthly in much the
same manner as the Project Update. The purpose is to keep the Commis-
sion informed of the status of various ongoing planning projects.
Bill Harris will prepare an "Administrative Update" list which will
also be provided approximately monthly and that will start with the
next CIM.
9. Enclosed is a brief report from Keith Rawlings on our lawsuit with
the County.
CIM - June 15, 1979
Page Five
Monday's Meeting
1. The Pre-Commission meeting will be at 3:00 P.M.
2. Enclosed is supporting documentation the agenda items. I anticipate
a crowd for the Iron Street and Ninth Street parking controversies.
If a Commissioner has any questions or cannot attend the meeting,
please contact me.
Rufus L. Nye
City Manager
RLN : bh
Attachments
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CITY OF SALINA
COMMISSIONERS
KAREN M. GRAVES. MAYOR
ROY W. ALLEN KEITH G. DUCKERS
DAN S. GElS MERLE A, HODGES
CITY-COUNTY BUILDING
300 WEST ASH STREET
P 0, BOX 746
SAUNA. KANSAS 67401
CITY MANAGER
RUFUS L, iIIYE
AREA COOE 913 823-2277
June 15, 1979
Sister Jean Sweat
Marymount College
East Iron Avenue and Marymount Road
Salina, Kansas 67401
Dear Sister Jean:
Thank you very much for your letter of June 8. I am cer-
tainly in agreement that it would be desirable to have a member
of the MarYmount faculty on the Salina Arts Commission. The
College and your staff and faculty members have always been
very supportive of arts in the Salina area and I am sure they
can make a valuable contribution to the Salina Arts Commission.
Unfortunately, there is not a current vacancy on the Com-
mission and a vacancy will not occur until March, 1980. At that
time, I can assure you the City Commiss~on will give full con-
sideration to your suggestion to appoint Mr. Hower to the Com-
mission.
Thank you very much for your thoughtful letter. I am looking
forward to discussing this with you as we get closer to the appoint-
ment time.
Ii
Vety ruly yours,
Rufus L. Nye
C~t~ Manager
-"
RLN: bh
MEMBER. . . KANSAS l.EAGUE OF MUNICIPAL.ITIES . NATIONAL. l.EAGUE OF CITIES
EAST iRON AVENUE AND A1A,RYMOUNT
G~~
ROAD · SALINA, KANSAS 6~
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OFFICE OF ACADEMIC DEAN
June 8, 1979
Rufus Nye
Salina City Manager
City County Building
300 W. Ash
Salina, Kansas 67401
RECEIVED
JUN 111979
CIT: MA~J.\GER'S OFFiCE
Dear Mr. Nye:
The purpose of this letter is to inform you of the interest of Marymount
College in the Salina Arts Commission and to recommend that Marymount
College have a faculty member from the Arts appointed to serve on the
Salina Arts Commission.
The Salina Arts Commission has been active in providing art in a variety
of forms for the Salina community. The Commission is to be commended
for their efforts.
Marymount College also has a long history of providing many quality
,.
music, dance, art, and drama presentations and opportunities for the
Salina community. This effort will continue to be a major thrust of the
Fine Arts at the College. I am personally very proud of the quality of
the Marymount Fine Arts faculty and programs. I am also appreciative of
the support of these programs by the Salina community.
It is my opinion that both the efforts of the Salina Arts Commission and
The Fine Arts Program at the College can be enhanced with a Marymount
College Fine Arts faculty person appointed to the Salina Arts Commis sion.
The Commission would benefit by having the addition of professional
expertise, and the College would benefit by having an excellent channel
of communication and input to the City program.
Rufus Nye
June 81 1979
Page two
I am very glad to recommend Robert Hower 1 M.F.A., Assistant
Professor of Art and Chairman of the Art Department at Marymount
College 1 a s a person who would serve well on the Salina Ads
Commission. I trust that you will seriously consider this
recommendation.
Sincerely,
ee~~
Academic Vice President
SJS/sbm
Enclosure - Vita
cc: Karen Grave s
Dan Geis
Keith Duckers
Roy Allen
Dr. Merle Hodge s
Martha Rhea
VITA
ROBERT HOWER
Assistant Professor of Art and Chairperson of the Art Department of
Marymount College of Kansas
1977 to present
Education:
B.F .A. Art, 1973. University of Nebraska at Omaha, Nebraska
M . F .A. Painting and Drawing, 1975. Cranbrook Academy of Art,
Bloomfield Hills, Michigan
Membership in Professional Associations:
College Art Association of America
Midwest College Art As sociation
Honors:
University of Nebraska Regents Grants, 1971-1973
University of Nebraska at Omaha Faculty Art Scholarship, 1971-1973
Graduate Teaching Assistantship, Cranbrook Academy of Art, 1974-1975
Purchase Award, Minnesota Museum of Art, St. Paul, Minnesota
Cash Award, First Prize. Second Annual Biennial College of St. Mary
Exhibition, 1977
Other:
Consultant work -
Gallery Consultant, University of Nebraska at Omaha Art Gallery, 1976-1977
Childrens Museum Planning, Omaha, Nebraska
G&K
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Realtors
GEORGE C. ETHERINGTON, G.R.I., Broker
REAL TOR'
118 N.W. 2nd
Abilene. Kansas 67410
(913) 263-1210
314 S. Broadway
Salina. Kansas 67401
(913) 827-9338
June 11, 1979
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City Manager
City Building
Salina
Kansas. ..67401
SF',' .'.i.V:.!~SE:~'S OFrCE
Attention: Mr. Nye
RE: SALINA CITY PLANNING COMMISSION VACANCY
Dear Mr. Nye:
It was a pleasure meeting with you last week and I am sorry
circumstances were such we could not spend more time visiting.
I would appreciate if you would consider me as an appointment
for the position which is vacant on the Salina City Commission.
I have had twenty-eight years experience in Real Estate Broker-
age and home building in Salina. I have been past President of
the Salina Board of REALTORS and the Salina Home Builders Assoc-
iation. I am a member of numerous civic organizations and am
now in position to devote my time to being dedicated to the Plan-
ning Commission work.
Respectfully yours,
~r({~
Geor~e C. Ether1ngton, CRS
GCE/jr
George C. Etherington, G.R.J., CRA, CRS
A.N lAND INSTITUTE
NA T. AUCTIONEERS ASSOC.
SALINA BOARD OF REALTORS
SALINA HOME BUilDERS ASSOCIATION
NATIONAL FARM & LAND BROKERS INSTITUTE
COMMERCIAL AND RESIDENTIAL DIVISION
NATIONAL ASSOCIATION OF R. E. BOARDS
REALTORS NATIONAL MARKETING INSTITUTE
NATIONAL ASSOC. OF R .
BU(H[R ~ WI WS
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. CONSULTING ENGINEERS
. PLANNERS
. ARCHITECTS
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PLANNING UPDATE
June 15, 1979
FRIENDSHIP NEIGHBORHOOD CENTER
Amount Budgeted:
Estimated Total Cost:
Amount Spent/Committed:
DISCUSSION:
$300,000.00
290,000.00
289,653.76
We should have two 20' pole lights installed within approximately
three weeks. A fence around the sunken courtyard is estimated for
completion within the next 60-90 days. Grass seeding last fall
was not satisfactory and will be redone by October or November.
Ground cover needs to be added to the grass pavers on the east and
west ends of the building.
CARVER NEIGHBORHOOD CENTER
Amount Budgeted:
Estimated Total Cost:
Amount Spent/Committed:
DISCUSSION:
$150,000.00
169,000.00
168,710.03
The sidewalk on the north side of the parking lot will be widened
by five feet this summer.
MEMORIAL HALL NEIGHBORHOOD CENTER
Amount Budgeted:
Estimated Total Cost:
Amount Spent/Committed:
DISCUSSION:
$250,000.00
256,000.00
227,509.01
We should have two cross-court basketball goals installed within
60 days. We are making arrangements with KP&L for the installation
of some additional exterior lighting. We will be making some modifi-
cations to the elevator and refinishing the stage floor. We will also
be installing a new 3" water supply line and a new heating plan (both
in CIP). We are investigating the need for rewiring the gym lights.
YWCA BUILDING IMPROVEMENTS
Amount Budgeted:
Estimated Total Cost:
Amount Spent/Committed:
DISCUSSION:
$ 3,500.00
5,725.00
4,735.00
This contract will provide a new front entrance including wheel chair
ramp, parking lot re-striping and interior rest room modifications.
The cost breakdown is: Bob Albers Construction, Inc. - $4,335.00;
Materials for YWCA installed items - $990.00; Lyle Lightfoot, Architect
- $400.00. Estimated completion is July 15, 1979.
SALVATION ARMY ADDITION
Amount Budgeted:
Estimated Total Cost:
Amount/Spent Committed:
DISCUSSION:
$ 90,000.00
216,446.20
90,000.00
This was a "city-share" project with a $90,000.00 maximum participation.
Estimated completion is today.
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,J Uil 15 1979
TO:
FRot4 :
DATE:
SUBJECT:
Rufus L. Nye, City Manager
Keith Rawlings, Director of Planning & Community Development
June 15, 1979
City of Salina vs. Helen Jaggers, Register of Deeds (#78CI50)
and City of Salina vs. Dauer Implement Co., et al. (#78C226)
Basically it was the City of Salina's contention that the enactment of K.S.A.
12-705a and 12-705b in 1965 (3-mile jurisdiction) repealed the provisions of
the earlier K.S.A. 19-2633 and 19-2905 (I-mile jurisdiction).
Judge Weckel overruled the City of Salina and sustained the position taken
by Saline County. In taking this position he stated that the only time
repealing of statutes is favored is if the laws are in "hopeless conflict
and there is no proper way they can be harmonized." If they can be harmonized
they will be enforced in harmony. I have summarized the court's interpretation
of the statutes as they affect the City.
1. If the land involved in a subdivision is in unincorporated territory
and no part of it lies within one (1) mile of any incorporated city
(Salina) only the approval of the Board of County Commissioners is
required before recording.
2. If the land involved is in unincorporated territory but some part
of it is within one (1) mile of an incorporated city (Salina) only
the approval of the City Planning Commission is required before
recording. A joint committee for subdivision would have final
approval authority if one has been formed.
Sometime within the next 2 weeks I will be meeting with you and Ron Barta to
determine if we should recommend that an appeal to this decision be filed.
~~~
Keith F. Rawlings
KFR:mlp