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.
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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
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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.
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(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.
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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.
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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.
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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.
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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).
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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.
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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.
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[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
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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 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,
.' /
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Rufus L. Nye
City Manager
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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
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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,
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C.A. Patterson
Director
Office of Federal Property
Assistance
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