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Administrative Brief COMMISSION INFORMATIONAL MEMORANDUM November 16, 1979 VOL. I, NO. 22 ITEMS OF INTEREST 1. I have enclosed for your information a proposed interlocal agree- ment between the City and the County on the three ~ile limit. I would like you to review it and perhaps we can discuss it and deter- mine what action to take on it. I have given a copy of it to the County Commissioners. 2. Terry Mottley has resigned from the Citizens' Advisory Committee. Also, one CAC appointment is needed for the Schilling Manor area. 3. Commissioner Hodges has suggested, and I concu~ that the Commissioners may want to observe the euthanization at the Animal Shelter. You will recall that we are now using the injection method which has proven to be quite successful and it is also acceptable with the employees. If any of you are interested in observing the euthani- zation process, please contact me. 4. On November 13, Mickey Yerger reported a shortage of $193.51 in the concession receipts for Saturday night, November 10. He and Mike Grimaldi, the Food and Beverage Manager, were certain there was a theft involved. A police report was made and handled by the Detec- tive Division. Mickey and Mike were able to narrow the responsibility to one em- ployee. The individual was taken to the Police Department and shortly thereafter admitted to stealing money from the concession stand. Since August, the concessions have been short approximately $655; however, this employee admitted taking around $400 during that period. The employee has been dismissed and the case turned over to the County Attorney. He has the prerogative of filing formal charges and recommending to the Court that the individual be placed on probation and required to make restitution under what is referred to as a Diversionary Program. Bill Harris visited with the County Attorney on Friday. It was the opinion of the County Attorney this is the course of action which should be followed. Under this pro- vision if the individual does not violate the conditions of the probation, the record can be expunged. 5. We have received an application from C. L. Clark on behalf of Gerald K. Palmer, Norman Macy, and Boyd Smith, all MD's, to issue an indus- trial revenue bond. The industrial revenue bond will be used to construct a medical clinic in the 300 Block of N. Front Street. 300 N. Front is located in the northeast industrial area. The pro- posed amount of the issue is $400,000 with a maturity of 15 years. The proposed underwriter is the First National Bank and Trust Co., Salina. This application, along with a preliminary resolution, will be on the Commission agenda for December 3. ClM - November 16, 1979 Page Two 6. The County Treasurer, Keith Lilly, has received an inquiry from Torn Hampton concerning the property tax for Lee Hardware. Essen- tially, Lee Hardware is arguing that their taxes should be less because an ordinance adopted by the City in 1967 provided a com- plicated exemption for property located in the Schilling Airport area. I will have Larry Bengtson look into this matter. 7. I have enclosed some information from Fire Chief Robertson con- cerning the City's fire apparatus and fire station location. Fire Chief Robertson will be preparing an analysis and report on Sta- tion #3, the station located at the Schilling Airport complex. This report will analyze how much of the cost and activity is from the airport and how much is related to the other areas. 8. More on the Airport . . . I think the City should consider enter- ing into an agreement with the Salina Airport Authority for them to pay part of the cost of maintenance of equipment and building and personnel expenses. The Authority has resisted paying these costs and contend, of course, that it is a City responsibility. The FAA requires the Airport Authority to have fire protection available 15 minutes prior and 15 minutes after eacp scheduled flight. There are ap- proximately 1,825 flights per year. The Airport Authority also argues that they provide a truck, which the City can use for other fire protection needs. Of course, the truck is so highly-specialized and heavy it is not a very useful fire apparatus except for aircraft fires. The Authority apparently is planning to purchase a new apparatus which will also be very specialized. Historically, of course, when the Airport Authority began in 1964 and Schilling closed, the community was very concerned about the future. Fortunately, the City's recovery from the Schilling closing was successful and conditions have changed dramatically. According to the Authority's 1978 audit, they seem to operate in a secret manner; they have in excess of $1,000,000 in reserve. The Authority probably has some plans for these funds. I think the Airport Authority should not only pay part of the cost, but they also have the resources to do so. This, of course, is just a broad outline of the conditions and some thoughts. Chief Robertson's report will go into much more detail. 9. A group of citizens organized a~ "Salinans for Alternatives to Nuclear Energy" (SANE), met with Don Rectenwald, Director of Civil Preparedness, in his office at 4:00 P.M. on November 15. B~ll Harris attended the meeting, as did Commissioner Geis. CIM - November 16, 1979 Page Three The group had presented typewritten questions and information they had obtained from various sources concerning transportation of radio active material through Saline County. They are concerned about the potential dangers involved in the event of any type of an accident and were seeking information on local preparedness to handle such a situatiop. Don did a very good job of fielding their questions and assured them he would endeavor to obtain answers to their questions, which he did not have at the present time. He advised them that he, along with the Training Officer and a lieutenant from the Fire Department, will be attending a seminar on hazardous materials in Nashville, Tennessee, Janu- ary 21 through 25. The local Civil Preparedness Department has the primary respon- sibility for immediate response in the event of such an incident. However, at the present time they do not have the appropriate protective gear to handle some of the material which is being moved by truck and rail. They will be working on acquiring the equipment. An immediate response team involving the Civil Pre- paredness Office, Fire Department, and local law enforcement agencies has been recently established. One of the concerns is that no local or state agencies at the present time are made aware of the movement of hazardous materials across the State. One point that Don stressed was that there are many, many hazardous materials being transported besides those of a radio active nature. This is a matter that is becoming more and more of a concern to the states and local governments across the country. There have been a number of serious incidents happen involving both truck and rail transportation. As an example, you will recall the incident at Wichita about a year ago involving the spilling of a radio active material, uranium oxide. A number of cities have passed local ordinances prohibiting certain types of material being transported through the city and placing certain restric- tions on the movement of other materials. This is an item which we will be hearing more about and be more involved in as time goes on. 10. Knight's Sporting Goods is again sponsoring a winter road run (foot race). They have been granted permission to close Lakewood Park from 12:00 to 2:30 P.M. on November 24, 1979. ADMINISTRATIVE BRIEFS 1. Ron Tremblay, Chief Building & Zoning Inspector, has been appointed Chairman of the Research Committee of the International Conference of Building Officials. Ron has to attend a monthly meeting of this Committee and his expenses are paid by ICBO. . . ~ CIM - November 16, 1979 Page Four 2. For your information, the City has a private fire contract with R. H. Zimmerman, as a resident at 1500 Marymount Road. This is just north and west of the Elks Country Club. The figure is based upon 125% of the mill levy required for City fire protec- tion. 3. Enclosed are the Planning Update and the Engineering Update. MONDAY'S ~mETING 1. I would suggest that the Commissioners come in at 3:00 P.M. on Monday to discuss the Schilling Manor/MI{ Development matter. 2. Enclosed is information on other items on the agenda. If any Com- missioner has any questions or cannot attend the meeting, please contact me. 3. The MK matter is on the agenda for your consideration. I have enclosed a letter I sent to Mr. Kulmer in response to a letter I received from him. I think the agenda is explanatory of this matter. If the City were to include Fox Run as a development district as Mr. Kulmer proposes, the City cost would rise to about 19% of the project, or about $80,000. Rufus L. Nye City Manager RLN:bh Attachments .. ! l? '--- ..;. \ r..'TERLCC.'\L l\G~ FJa mscuSSJOI PURPOm 'Ihis Interlocal Aoreerrent, rrade ar.d entered bto tIlls day of , 1979, by arrl be,=..leel1 '.:..'1e CITY OF SAL...n.:A, KANSAS, a ll1lJI'licipal corporation, ~erei.."1after referred "':0 as t..'1e "City", arrl :.I1e <XlUNTY OF SALINE, KANS2\S, :'1erei.ll.af"':er referred to as the "County", ,il'lNESSE'IH : WliEREAS, the City and t..':.e County have a !llUtual interest and desire to provide for the orderly platti..!1g and subdivision of lar1d within the three mile area .i.mrediately su=ounding t..'1e city of Salina, Kansas: and, \'I"dEREAS, the City has heretofore established a City Planning Ccmnission, hereinafter referred to as "City Plann~ng", pursuant to the provisions of Article of Chapter of the Kansas Statutes Anno- tated: and, - - WHEREAS, the County has heretofore established a County Planning Carmission, hereinaf:er referred to as "County ?lanning", pursuant to the provisions of Article of Chapter of the Kansas Statutes Annotated: and, - - \-mEREAS, K.S.A. appears to grant to the City and K.S.A. appears to gra'1t to t..'1e County t.'1e right to adopt and enforce platting and subdivision regulations wit.'lin an area located within three miles of the corporate limits of t..'1e City and ~ereinafter referred to as the "Three Mile Area"; and, WHEREAS, notwithstanding the provisions of the above rrentioned statutes the City and County desire, pursuant to Article 29 of Chapter 12 of the Kansas Statutes Annotated, to enter into an Interlocal Agree- rrent pertaining to t.'1e adoption and administration of subdi visicn regulations within the 'lm'ee Y1.i.le ,\rea. NOV 'IHEREFORE, the City and County hereby agree as follcws: (1). lJ'Proval by City: That the Board of Carrnissicners of the City of Salina, Kansas, shall adopt an appropriate ordinance approving this agreerrent. (2). Approval by County: That the Board of Ccunty Carrnissicners of the County of Sa.rrne, Kansas, shall adopt an appropriate resoluticn approving this agreerent. (3). Purpose of l\greEmmt: The purpose of t.'1is agreenent shall be to provide for the orderly platting and subdivision of lar1d and to designate the govenlIrental entity which shall be responsible to approve and administer subdivision regulations for larrl located wi thin the Three Mile Area. (4). IX1.ration: This agreerrent shall remain b effect for a tenn of _ years unless sooner tennil'l.ated as herei.nprovided. (5). Finance: The cost of administration of the County Planning departlrent shall be res;:onsibili ty of the County. (6). Termination: 'lhis aqreerrent rray be tenninated by either the City or County by _ days writte.'1 notice given to the other party. (7). County Subdivision Regulations Applicable to Three Mile Area: That the City and the County mutually agree that the existing Saline County Subdivision Regulations as approved by the County by Resoluticn No. on the day of , 19 , shall be applicable to all future plats ar.d subdiV'...s~ons which maybe proposed within the Three Mile Area. (8). Administration of Subdivision Reaulations: That the County Planning shall adrnuu.ster and enforce the County subdivisicn regulations wi 1:.'lin the Three ;1ile Area. (9). Feview Ly City Planninq: That the County Planning will, prior to the approval of any ~w ;?lat or subdivision, within the Three !>li.le Area, fOrNard said proposed 9la~ or subdivision to City Planning for its review and ccmrents thereon. ~ .r (10). RecamendaHons by City P1aI'ning: ~t the City Planning will, within days af~e- recei;:>t c . said ?ro:::osed ?lat or sub- division, review the same a..~.d provide County P1a....mi.ng wi':..'1 its written comrents thereon insofar as ':..l-J.e same =nforms to ':..l1e overal2. street and water drainage plan for t.'1e City. (11). Final.. Approval by County P1ann3':'9.: That final approval of any proposed pl...c or subdJ..v~sion wit.hin the Three ~le Area shall be t..'1e resp:msibility of County PlaI'_"'ling. (12). Airendrrent of County Subdivision Regulations: That t.'1e County agrees t\1at the existing county subdivision regulations as identified in paragraph (7) will not be ",,:ended or repealed without t..'1e prior written =nse."lt of the City n~:mning. (13). Property: Any property acquired by County Planning shall be its sole property and rray be disposed of by it without the consent or approval by the Ci '=1. (14). Approval by Attorney General: This agreerrent shall be in full farce and effect upon approval by t.'1e At~rney General of the State of Kansas. :rn \'II'lNESS ,<HEREOF, t.l-J.e J?ClI'ties hereto have caused this interlocal agreerrent to be executed by its duly elec+-..ed governing bodies on the date and year first above written. CI'IYOFSALINA,KANEAS By ~-layor ATl'EST: C;i. ty Clerk Fim DlSCUSSUII PURPOSES anY BOARD OF COUNTY COoMISSICNERS By 01ai.nnan ATl'EST: County Clerk I PLANNING UPDATE November 9, 1979 Discussion: NEW SUBDIVISION REGULATIONS The final draft has been distributed to the Planning Commission. They are currently reviewing the final draft. We have set the public hearing for December 11, 1979. HERITAGE CONSERVATION DISTRICT Discussion: The Planning Commission recommended Application #Z79-16 for approval at their October 16, 1979 meeting. 2nd Reading of Ordinance #8760 is scheduled for November 19th. Appointments need to be made shortly after that to the Heritage Commission. CAPITAL IMPROVEMENTS PROGRAM (CIP) Discussion: LAND USE PLAN Discussion: Certified copies will be distributed shortly. We should begin within the next 30 days to work on the 1981-1986 CIP. MOBILE HOME ORDINANCE Certified copies will be distributed shortly. Discussion: ANNEXATIONS Discussion: 701 PLAN Discussion: Nothing further on this at present. I anticipate getting back on it after the Heritage Conservation District. We are in the process of preparing a service extension plan for Application #A79-10. This area consists of Surveyor's Plat #52, Northwest of the North 5th - Stimmel Road intersection. We have received approval from the state for a Local Comprehensive Planning Assistance (701) grant. We are approved for $9,000.00 in grant funds which will require $4,500.00 local match (probably in- kind services). This is for Phase I which would include a new Land Use Element and a Population and Economic Base Element. Phase II, which is not yet approved, would entail a Housing Element, Transportation Plan and Parks and Open Space Element. Optional Phase III would be revisions to the Zoning and Subdivision Regulations but only if we need to develop these in conjunction with the County. We have also applied for 3 CETA positions to help in data collect- ion, etc. in conjunction with this grant. The status of the CETA positions is still undetermined. j' Planning Update November 9, 1979 Page Two We have been conducting preliminary interviews with various firms for the past two weeks. The staff will request the top two or three consultants to prepare a work proposal for present- ation to the Planning Commission (tentatively scheduled for either November 20 or 27) and they will make the final decision as to the hiring of a consultant (subject to the City Manager's approva 1) . PLANNING COMMISSION CASES Discussion: Our next two meeting dates and tentative agenda items are shown below: November 20 Application #P79-1 - Replatting of the area directly south of the proposed new KP&L area. This was a condition of approval of Application #P.D.D.79-3. Application #Z79-18 - A rezoning of 501 W. Claflin from IR-1" to "R-211. Interview consultants (701) December 4 Application #P.D.D.79-6 - A preliminary development plan to create condominium style housing in part of the area south of Ivey Park. Application #Z79-19 - A rezoning in the 3000 block of Centennial Road from IIR-3" to "1_211 Application #A79-10 - A service extension plan for that portion of Surveyor's Plat #52 which is not within the city (northwest corner of N. 5th & Stimmel Rd.). The Planning Commission has also scheduled Tuesday, December 11, at 7:30 p.m. as the public hearing on the subdivision regulations. BOARD OF ZONING APPEALS Discussion: Nothing is scheduled for the November 15, 1979 Board of Zoning Appeals agenda. .I Planning Update November 9, 1979 Page Three CITIZENS. ADVISORY COMMITTEE (CAC) Discussion: We have submitted a pre-application to HUD for a $2,000,000 com- prehensive grant under the Small Cities portion of the Community Development Block Grant Program, including administrative costs, a new fire station, railroad crossing repairs and street paving -- all in N. Salina. The application has also been sent to Topeka and Beloit for A-95 review. We have received favorable review from NCRPC and should know if we are to be approved for this pre-application by January 1, 1980. The restructuring of the CAC is complete. Next Steering Committee meeting is November 14 and the next CAC meeting is November 29. FRIENDSHIP NEIGHBORHOOD CENTER Amount Budgeted: Estimated Total Cost: Amount Spent/Committed: Discusssion: $300,000.00 290,000.00 289,653.76 We have installed a fence around the sunken courtyard. Grass seeding last fall was not satisfactory and was not finished by this fall. We are "foreclosing" on Western Construction Co. and the Park Dept. will be doing the seeding in the spring. Ground cover needs to be added to the grass pavers on the east and west ends of the building. We are investigating the placement of a sign on the east side of the building. MEMORIAL HALL NEIGHBORHOOD CENTER Amount Budgeted: Estimated Total Cost: Amount Spent/Committed: DISCUSSION: $250,000.00 256,000.00 227,509.01 The majority of the exterior lighting has been installed. One additional light will be installed sometime this month on the east side of the building. In addition, we will be making some modifications to the elevator and refinishing the stage floor. We will also be installing a new 3/1 water supply line (should be complete by November 14) and a new heating plant (both in CIP). We are investigating the need for rewiring the gym lights and additional work on the roof as well as a new building sign. All of the above is included in a signed contract with Ken Bieberly to perform architectural services. We will be receiving bids on the boiler and sump pump on November 15, 1979. . , Planning Update November 9, 1979 Page Four YWCA BUILDING IMPROVEMENTS Amount Budgeted: Estimated Total Cost: Amount/Spent Committed: $ 3,500.00 5,725.00 4,735.00 Discussion: There is some concern over the proper rise in the ramp as constructed. We are investigating. REHABILITATION/WEATHERIZATION Discussion: Through October 31, 1979 we have the following homes completed or under contract: Rehabiliation: Emergency: Weatherization: 29 homes (averaging $5,877 each) 336 homes (averaging $445 each) 657 homes (averaging $422 each) RELOCATION Discussion: We have purchased the house at 630 Park Place and the family has been relocated. We should advertise the property for sale within the next 30 days and then accept the highest bid. It is anticipated that the contract for the sale of the property will require demolition of the home. We have spent $27,200 on this relocation to date. ~ PRO J E C T U P D ATE November 16, 1979 PROJECT NO. 79-645 CONTRACTOR: LETTING DATE: CONTRACT COMPLETION DATE: CONTRACT Ar~OUNT: WORK COMPLETED TO DATE: J. S. FRANK CONSTRUCTION CO., INC. December 27, 1978 April 1, 1979 (Est. November 30, 1979) $74,600.00 $71,622.00 SCOPE: This project involves the construction of a new animal shelter building at a site near the existing animal shelter. DISCUSSION: Project nearing completion. PROJECT NO. 79-646 P ART I CONTRACTOR: LETTING DATE: CONTRACT COMPLETION DATE: CONTRACT AMOUNT: WORK COMPLETED TO DATE: EARTH EXCAVATION, INC. March 12, 1979 July 29, 1979 $79,927.50 + $7,175.00 (Change Order No.1) $82,096.25 SCOPE: This project includes the installation of water and sanitary sewer lines in Dow Addition, Twin Oaks Subdivision and Woodland Addition. DISCUSSION: The contractor has essentially completed work, and will resume final construction phase upon completion of Project No. 79-646 (Part II). 1 ~ PROJECT NO. 79-646 PART II CONTRACTOR: LETTING DATE: CONTRACT COMPLETION DATE: CONTRACT AMOUNT: WORK COMPLETED TO DATE: SMOKY HILL, INC. March 12, 1979 December 28, 1979 $436,392.50 + $6,495.00 (C.O. 1) + $4,848.50 (C.O. 2) $410,290.90 SCOPE: Work includes paving in Dow Addition, Grain Belt Subdivision, Twin Oaks Subdivision, Schippel Addition and Woodland Addition. DISCUSSION: Project is on schedule. PROJECT NO. 79-647 CONTRACTOR: LETTING DATE: CONTRACT COMPLETION DATE: CONTRACT AMOUNT: WORK COMPLETED TO DATE: Sf40KY HILL, INC. March 26, 1979 November 28, 1979 $258,150.50 $209,954.60 SCOPE: Work includes the extension of a 24" C.I.P. watennain along Marymount Road from Glen Avenue to Crawford Street and the extension of a 20" C.I.P. watermain along Crawford Street from Marymount Road to the east city limits. DISCUSSION: Project is on schedule. Work is in progress on East Crawford Street. 2 PROJECT NO. 79-648 CONTRACTOR: LETTING DATE: CONTRACT COMPLETION DATE: CONTRACT AMOUNT: WORK COMPLETED TO DATE: CHICAGO BRIDGE & IRON CO. August 23, 1979 245 days $427,300.00 $ O. 00 SCOPE: This project involves the erection of a new 500,000 gallon water tower to serve north Salina. DISCUSSION: Equipment and materials for the foundation phase are stored on site. Foundation work, including piling driving, commenced last week. PROJECT NO. 79-652 PART I CONTRACTOR: LETTING DATE: CONTRACT COMPLETION DATE: CONTRACT AMOUNT: WORK COMPLETED TO DATE: STEVENS CONTRACTORS, INC. July 16, 1979 February 15, 1980 $77,467.65 $46,185.78 SCOPE: This project includes the installation of water and sanitary sewer lines to serve portions of Wallerius Addition and Eastridge Addition. DISCUSSION: Contractor has nearly completed work in Wallerius Addition and is working in Eastridge Addition. 3 PROJECT NO. 79-652 P ART II CONTRACTOR: LETTING DATE: CONTRACT COMPLETION DATE: CONTRACT AMOUNT: WORK COMPLETED TO DATE: BROWN & BROWN, INC. July 16, 1979 * 240 days $150,228.75 $ 35,952.60 * After completion of Part I SCOPE: Work includes street improvements in Wallerius Addition and Meadowlark Acres No. 3 Addition. DISCUSSION: Project is on schedule. Paving is scheduled to begin in Meadowlark Acres No. 3 Addition this week. PROJECT NO. 79-653 CONTRACTOR: LETTING DATE: CONTRACT COMPLETION DATE: CONTRACT AMOUNT: WORK COMPLETED TO DATE: SCOPE: BROWN & BROWN, INC. September 27, 1979 May 3, 1980 $14,150.00 $ O. 00 Work includes the resurfacing of the east tennis courts in Sunset Park. DISCUSSION: Contractor completed resurfacing work last week. 4 PROJECT NO. 79-654 CONTRACTOR: LETTING DATE: CONTRACT COMPLETION DATE: CONTRACT AMOUNT: WORK COMPLETED TO DATE: SMOKY HILL, INC. September 27, 1979 March 31, 1980 $45,01 O. 80 $ 0.00 SCOPE: Work includes street improvements in East Gardens Addition. DISCUSSION: Contractor has listed December 1, 1979 as the starting date for these improvements. PROJECT NO. 79-656 CONTRACTO R : LETTING DATE: CONTRACT COMPLETION DATE: CONTRACT AMOUNT: WORK COMPLETED TO DATE: SMOKY HILL, INC. September 27, 1979 August 7, 1980 $247,501 .00 $ 0.00 SCOPE: Work includes the installation of a 20" waterline on Crawford Street from Santa Fe Avenue to Broadway Boulevard. DISCUSSION: Contractor has listed December 10, 1979 as the starting time. 5 '.. -~~ ] [E.OX RlJN MK Oevelopment Company 906 Merrily Drive. Salina, Kansas 67401 Phone (913) 825-2147 Mr. Rufus L. Nye City Manager P.O. Box 746 Salina, Kansas 67401 Re: Fox Run Addition Dear Mr. Nye: :\-10- ~~~);7@0'@@~ RECEIVED Nav 1 3 1979 CITY MANAGER'S OFFICE November 9, 1979 During our discussion Monday of the petition for improvement of the streets in Fox Run Addition, you stated that there would be no objection to payment by the city-at-large of that portion of the assessment attributable to land owned by the City in the improvement district. The petition provides for the costs of the improvement to be assessed equally per square foct against lots and pieces of land in the improve- ment district. Would the City approve the petition if amended to provide for the costs of the improvement to be assessed equally per square foot against lots and pieces of land, including land owned by U.S.D. 305 and includin~ the park, levee and drainage ditch land owned or to be owned by the City of Salina (except- ing only street right-of-way), and no apportionment of' costs of improvement of the intersections to be paid by the city- at-large? We will appreciate your written answer to this question as we believe it may be of assistance in resolving this matter., Very truly yours, MK DEVELOPMENT COMPANY BY" ~ ~ Morr's H. Kulmer ' ExecUtive Vice-President .. 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 STRE ET POBOX 746 SALINA KANSAS 67401 CITY MANAGER RUFUS L. NYE AREA CODE 913 823-2277 November 13, 1979 Mr. Morris Kulmer MK Development Co., Inc. 906 Merrily Drive Salina, Kansas 67401 Dear Mr. Kulmer: Thank you for your interesting letter, dated November 9, 1979, and received this P.M. I apologize if the City's position has not been made clear on the financing of the necessary street improvements. To my knowledge, it has never been the City's explicit nor implied position that the City would share in any of the cost of upgrading the subject streets. These are expenses of the developer. The annexation plan prepared by the City prior to the bidding processes by the General Services Administration in no way proposes financial participation by the City. The specific proposal that an improvement district be created and the cost be assessed to include the levee, drainage ditch, and park land is in no way acceptable. These lands should be donated to the City free and clear of any encumbrances, including but not limited to special assessments for street improvements. As you know, the City will be responsible for the future main- tenance of these properties. It has never been suggested that they were to be provided to the City at a cost to the City taxpayers. In the preparation of the assessment rolls for this property, the City will not be a participant. You claim, however, that USD #305 owns a parcel of land where Schilling Elementary School is lo- cated. I am, of course, not in a position to comment upon the posi- tion of USD #305. I suggest you contact Dr. Lloyd Schurr, Superin- tendent of Schools, for their position. MEMBER. . . KANSAS LEAGUE OF MUNICIPALITIES - NATIONAL LEAGUE OF CITIES ~ Mr. Morris Kulmer November 13, 1979 Page Two We will assess this project on whatever basis you and USD #305 are agreeable. For your information, it has been the policy of the City to assess street improvements on a modified front foot- age basis against the abutting property owners. As you are aware, neither the levee nor the proposed park, except for a very small distance, is abutting property to the street improvements. I would like to stress again that I do not agree to any pro- posal wherein the City of Salina will be financially responsible for upgrading the streets to meet City standards. I trust this letter will answer your concerns. Very truly yours, .' / ; , I !~- I Rufus L. Nye City Manager RLN:bh ..J M~' _ ~~~ "\ \.~ '10 ~,jJY' ...~I \'t )r ~:? ,J-& iP' \-;V- DEPARTMENT OF HEALTH, EDUCATION. AND WELFARE OFFICE OF THE SECRETARY WASHINGTON, DC. 20201 July 29, 1977 AUG 4 Mr. R. E. Jaggard Business Manager Board of Education Unified School District No. 305 P.o. Box 808 Salina, Kansas 67401 7977 U.S.a ....^~ SA 1.1 . v'J;;) N~.I'CANS"'S Dear Mr. Jaggard: Your letter of April 28 and the Office of Education's response of July 29 have been referred to us. The deed of August 8, 1967, was a rather unique instrument in that it drew on two conveyancing authorities, i.e., P.L. 81-815, as amended, which authorized a "no.,..restriction" conveyance of buildings constructed under the provisions of section 10 of that Act; and P.L. 81-152, which authorizes a "restricted-use" conveyance, in this case, of the l;:inQ u!l~erlving the bui1rHng. In recent discussions with the Division of School Assistance in Federally Affected Areas, Office of Education, it has been made clear that the Office of Education does not specify any restrictions with respect to alternate educational uses of the building conveyed by the above refer- enced deed. ln ef.fect. tnpn, tnp ~pmaining Fp~p~~l interp~t is in the underlying land, a ~esponsibility of the Federal Property Assistance }'rogram. Should you find need to change the type of educational program being offered on the 11.458 acre site, you should undertake a use proposal revision with our Kansas City Regional Federal Property Assistance Program Director, Mr. Robert H. Ducate, 601 East 12th Street, Room 403, Kansas City, Missouri 64106 (telephone--(8l6) 374-3691). You will find that almost any kind of educational use proposal will be found approvable, provided it demonstrates need for the entire site. On the other hand, should you find no need for the property, several alternatives might be made available, including the following: 1. Return title to the United States. 2. Agree to a retransfer to another eligible educational or public health organization. 3. Abrogate the rema~n~ng Federal interest by payment of cash in lieu of use covering the remaining period of restrictions. Whether the abrogation cost computation would have to be based on the total fair market value or could be limited to the value of the land is a question we cannot answer without first seeking legal opinions. Therefore, unless you feel it is definitely one of the alternatives you need to consider, we will not incur the expense of determining costs of abrogation at this time. We trust this answers your questions sufficiently. If not, or if the Department can be of further assistance in any way with respect to this property conveyance matter, please contact Mr. Ducate, or us. Sincerely yours, ~ a, ~-~ , - .,.~ . I C.A. Patterson Director Office of Federal Property Assistance r