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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 ,-,"" - ',-,' 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~ m Mlrn~~~ ~ ~llm ~f ~~~~~~ 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 c~ m 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 1 1 I I ! J LIN 11 1979 I I i f r-::l r~ i.~ r- i~, .':'~ , . r-'. ' ,~~ oD. .~ ,~I.o......;.:~ ',./ ~~ 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 PROJECT __._____.____NO. .._._______._.__ SUBJECT....... ....____.______._.._. .""l . CONSULTING ENGINEERS . PLANNERS . ARCHITECTS ; ==~-.:~~~=-~=~-2;;;~;Zh.-IbdL~-g;aL~_:dL&;K-.~;,;;;W. -.. --=~==--= -.../ ~-:3Z~~ ~{-LS179 C;;;;Z~L_;:;;I~~~r--==_~~~_--_-_-.,---..-~----~ ~"r~01~;./&?L--.ZJy!~ka7~r___1______--~ '~_ __ rj ~~--D~~ji7j"lL-C2c(Jli;_d~'2~~-L!)~~ __~______flZ;l_tlf?4:~-#fD,- __ ________ ~_g~ 8/~~S ~~e Orh,... A4r. ~. C,A/~~) .. c;?~_~ . . . ~II ~ ~_" I~m__ .~. '_ 7'"",Cl~-9L_______~-________!l~_ifl.$,g,_~o __ _~_____ Ad,; ~~-%24 ----~---~~;~~---a~-------. _~~~f?/t!/..~ZJ---_-_-_--~--~ k!oetl ~.,,1.~~-_1j~L1.L__ H~~~_~_Al!!..-.P~~____L~~_~__---i~_.___t;p.d_7t?.~~~ . . , . , I' . , .. Iaok~..~. ~t/$(:J~C-&("'-;;.~;~~ __-'-.___~_______ --.---_--l-____. 1 . j. ,f " ; - ,: ~r;Ii-~,J. M,. 2________ 1 , J I t""...,.~__k~: .W~~C"4:l'-~__ L_-_:...._L. __ rfj. ~~_'1,M-C2rJ~1Li2i#!y . 4~~~-__A_.m.q----'-~~--~-~~_-- ,~.G~ . .df~.LCAfJ-~.ad~~~2L-.. Ue:~~~o?~:1@)--i-<2-:?~.-~o)d~..-, '____.. 1Z~.~f):iI-Y.~''1f .t:h~ ~ f~"" ~.~ [' R;v6r' : ~$~:J . : ~j ~4rt2.~6~), I /hi../. e.Yt. 2.2li~J C),~f~#J~-CM~U~,,~--!~L_t--__j.L-4~~-~~---, r;---J R-"',&.,.I,ML(.ft<~~. · ~:r"'Ll~------T-~H~~. _~l71.,11 4_~_3.D~_____. . ~~ : p ~J __ -I, "-a!!1:ht. : I . ,-----,---'-1 9 z-., k~ "1.tn> ._u ______ -+---:- ! .S~l~~d~-~IL~_PQ~-4-. . .. ; !"lr~"$J7'-L~c-.2~~7~lAO- I I ' . . I' i 'i' ,. i' . : ! I t I ! SH EET........... 0 F.............. o ESI GN ED............. DATE............... CH E C KE 0............... DA TE .. ............ -.- .~----,-------_.-"'"----.._---_."-----_..~_..._-~---- j '. , , ...--.-- ; " I! ' , " I i ..,.~..:l ! 1:1 il ;-- ,C~e.,t ~C,~_. . . I; · :-1 ----'- I <:!,~,.,,I, ~ : 'I.5rD~h-t.~!.:.1o..~n : , ,: \- , -', j, I;, , _ i i O. ;.." ..) c.....:... './~. ' 'A. '. '--1. I , '. I . ~~" . __ lI?>4-" . P'J~T _' R~.;. 1in-I!?>>1I I ~h~. ; . : M , . ~ "' i : -I. '4,.. t; ~'171 ! eJ,~,...f~c~ C;:~n;", ~'f"" ~~..-~-L-+L#.M-trJ. i-~-r-.4r T~/ ~~FTi ~~-=O:' I I i - .;' . P~.~_ :~~~ I i , .. I I i ! ;-1 ~! . ! i .; If; ,~ I : i I i I 1 : l ! ii, i~1 ~~J~S_~: . ~ I i ~; _;. t t , j, IZ3't.D&- I I ~ . I I : ~cb I 2.7C"Dbd~' -i~~~' ZZ1.S"~ i:: i . Iz~. S70~ 5~ j '4.A J '--..-- I I I I I _-1--,-- , I' . I I I II I I ..---~-".-_..._._, I ' i , . -_--...---.;, -I . ! L~ 1 I I I I I I -L-:...._ ! . r--~- j ------,-'- - i ....----. _._-- -- . . ,I""- - \ "-, \. -.J- -~-.--:::. \ 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. . . b-\~~- ,-'-, r, : ~"'\ I . \ ~ :: :~ C:,-.:~'j~~D I I I , I r,1-" ~.}; ~:: :;(,;:~..-, r,;;::C\:' ....1:. ":I~'.~",,,-,,=_,, \J Vt IlL:. '---- ,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