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11-21-1977 Minutes1 1 1 City of Salina, Kansas Regular Meeting of the Board of Commissioners November 21, 1977 The Regular Meeting of the Board of Commissioners met in the Commissioners'I Room, City -County Building, on Monday, November 21, 1977, at four o'clock P.M. The Mayor asked everyone to stand for the opening ceremony. There were present: Mayor Keith G. Duckers, Chairman presiding Commissioner Dan S. Geis Commissioner Karen M. Graves Commissioner Gerald F. Simpson Commissioner Jack Weisgerber comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: None The Minutes of the Regular Meetings November 7, and November 14, 1977 were approved as printed. THE MAYOR DUCKERS PRESENTED THE SECOND ANNUAL GOOD CITIZENSHIP AWARD to the co -winners M. J. (Jack) Kennedy, C. J. (Cliff) Wertz, W. W. (Bill) Yost, Allen R. Dodge, and Edward H. Bell. Rusty Meyers, Representative of the Planters State Bank, showed the Good Citizenship Awards Plaque with the 1977 winners names inscribed. STAFF AGENDA BIDS WERE RECEIVED for Engineering Project 77-627, for improvements in Dow Addition: PART I Water and Sanitary Sewer Improvements Smoky Hill, Inc. $73,878.30 Commence January 1, 1978 and require 150 calendar days J. S. Frank Construction Company, Inc. 83,109.00 Commence December 5, 1977 and require 200 calendar days Earth Excavation, Inc. 83,765.65 Commence January 16, 1978 and require 90 calendar days Stevens Contractors, Inc. 86,591.00 Commence February 1, 1978 and require 140 calendar days Engineer's Estimate $88,075.00 PART II Storm Sewer and Pavement Improvements f (Concrete Pavement Alternate) J. S. Frank Construction Company, Inc. $110,308.00 Commence December 5, 1977 and require 200 calendar days Engineer's Estimate $120,080.00 PART II Storm Sewer and Pavement Improvements (Asphalt Pavement Alternate) Brown and Brown, Inc. $109,045.50 Commence February 1, 1978 and require 120 days after the completion of Part Engineer's Estimate $120,080.00 i A motion was made by Commissioner Graves, seconded by Commissioner 1 Simpson to award the contract for Part I to Smoky Hill, Inc., in the amount of $73,878.30. Ayes: (5). Nays: (0). Motion carried. A motion was made by Commissioner Geis, seconded by Commissioner Weisgerber to award the contract for Part II to Brown and Brown, Inc. in the amount of $109,045.50, subject to the approval of the City Engineer. Ayes: (5). Nays: (0). Motion carried. A PUBLIC HEARING was held on the proposed assessments for the improvements in Engineering Project 75-596: Improvements of streets, sidewalks, lighting, landscaping, planting trees, shrubs, and other perennial plants and constructing park and recreational areas within the proposed improvement district. as authorized by Resolution Number 3237, passed by the Board ofii Commissioners on the 9th day of June, 1975• C. G. Cunningham, Christian Service Book Store, 136 North 7th, protestedi' his assessment of $635.81. Olivia Groves, Jilds, 102 East Iron, protested her assessment of $1,256.18. Tom Shaw, American Legion, 142 South 7th protested the assessment of $836.60. Dr. Harry Jett, Great Plains Building, South 7th Street, protested his assessment of $1,254.90. Mr. Bengtson explained that the improvement was initiated by a petition signed by more than 50% of the property owners in the benefit district, and the only valid protest today would be an error in the mathmetical computation of the assessment. The Commissioners did not make any changes in the proposed assessments but asked the City Clerk to double check the computations in square footage of the properties and the assessments. A motion was made by Commissioner Simpson, seconded by Commissioner Graves to approve the assessments and to introduce the assessment ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: TO THE SALINA CITY COMMISSION We appreciate the opportunity to talk with you today about several matters that relate to Salina's parks and recreation. With your permission, I would like to read a statement in the here that it will help to clarify and eprhaps erase a few issues and differences that seem to -have arisen between us.. In the past, the Salina League of Women Voters has enjoyed working with thse city and county commissioners and the boards of USD 305 and the Salina Recreation Commission We want that relationship to continue, for all of us are working toward the common goal of trying to provide the best possible kind of open, honest representative government for the citizens of Salina and Saline County. We have been distrubed by expressions from the cc::nmissi- Et,�r>s, privr:tely expressed for the most part, that the LWV ideas represent just one small segnen of :he population --another small board to be heard from was one description, whereas we feel we hove good reason to believe that IN THIS PARTICULAR INSTANCE we speak on behalf of Salina's citizens. We are making a plea for some reaction other than indifference from the commissioners regarding our input. We realize that you city Commissioners have a constituency and that you feel you represent it. May I explain why we feel that ON THIS ISSUE we come closer to speaking for the citizens of Salina. Were Mrs. Denton read a 2 -page summary outlining the depth of the LWV study, and the variety of ways the citizens of Salina were consulted about their parks and recrmtion Having tried to extablish our credentials, I would now like to emphasize as heavily as possible that we do not view ourselves as adversaries of your policies. We are relaying to you two .findings --one from the community at large (the survey questionnaire) which is partly a reaction to impromptu questions; and one from the Salina League members which is an informed opinion reached after in-depth study (the position and consensus papers). These results, therefore, wi.il not necessarily have reached the same conclusions, but each provides valuable insights. Realizing that the commissioners, administrators, and staff cannot possibly undertake such an in-depth study for every item of business that comes before you, we looked upon our efforts as a contribution toward helping you realize what a need there is for a citizens advisory park board, and for improved communication between the parks and recreations departments. We did not dream that after hearing our findings you would still feel a professional study would be necessary in order to determine that a park board was desirable, or that: a professional firm would be needed to write an ordinance and to define ohat Lhe duties of such a board should be.. Most cities in Kansas have managed to do this on their own. We know of none who have had to hire a consulting firm to do this for them. Salina has a competent city attorney. We have a copy of the state statutes, and a number of other cities' ordinances which are nearly identical which could be used for a guide should one be needed. Additionally, as a dues -paying member of the Kansas League of Municipalities, you can consult their legal staff if help is needed. You should instruct Mr. Bengtson to draw up an ordinance, then adopt it and appoint board mem- bers at the earliest possible date. Then that advisory board could go through the reams of data we have compiles and reach an independent conclusion about whether a professional study is nc,.­_'�►; and if so, what direction it should take. The city manager could then apprise you of the'- findings, and the final decision would still be yours. If you decide a study is needed, a tp <; board could assist the city manager in interviewing prospective firms. You are putting the :art befor the horse ---trying to hire a firm with no clear idea as to what has been done in the past or what they are to do now. Simply to say "They will update a past study" tells you nothing. As you will see, there is so much in the past study that is still valid, and has not been implemented, why pay a substantial fee to tell you that twice? And what new directions will a study take? Will it encompass recreation? Will it study how the parks and recreation departments should relate to.each other? Will they study and assess the administration of the parks department and its decision-making process as it is currently practiced? Will they advise what professional qualifications a park department superintendant should have and how much autonomy he should be given in the running of that department? How can you hire a firm when you don't know yet what you are looking for specifically? Is the firm going to write its own job description? And how will you know what qualifications to look for in such a firm if you aren't clear as to what their job is? An advisory park board could study these questions and give you their assessment. Our position #7 asks for qualified supervisory personnel, and avenues for citizen participation in parks decisions. We commend the city for having on the payroll 3 persons with park -related degrees. But they are not serving in a supervisory capacity, and we do not have any way of know ing to what extent their advice is sought out or followed on a day-to-day basis. A well-quali- fied park superintendent with special training in park management, working with these talented young people who together represent a broad spectrum of expertise, could turn our parks back int the beauty areas they once were. We have an appreciation of the difficult situation under which Mr. Sid Youngquist, the acting parks department superintendent assumed those duties. He has done an excellent job as manager of the municipal golf course, and he has also been able to continue the ongoing policies of the entire park department. But even prior to his tenure, it has not been the policy of the present administration to involve the parks department superin- tendent in the long-range decision-making process and the setting of priorities, or to give him the degree of autonomy necessary to conduct the day-to-day affairs of a department which is required if we are to have the kind of parks Salinans have clearly stated they want. Parks simply cannot be treated in the same administrative manner as are streets, sewers, engineering. sanitation, etc. They are more closely akin to a library, to recreation, to school, to the arts --their efforts and constituencies are not only more close related, they often overlap. THERE MUST BE MORE SENSITIVITY TOWARD PARKS ON THE PART OF THE CITY COMMISSION AND THE ADMINISTRATION. -2 - ,The League and the city commission are in serious dispute in our varying degrees of interpre- tation of seemingly simple terms like It participation and input". When, for example, T.V.'s Channel 6 did a three-part television report regarding the Southeast Park and the hedgerow controversy, Mr. Olson and the three park department employees who designed the park were asked about citizen participation and input. Mr. Olson was quoted as saying he felt the,,e was citizen participation --that the citizens of South Salina had come before the CAC a-0 said they wanted a park in Southeast Salina, and the three employees said that in working in the city parks department., they felt they knew what the people want. That's one understanding of citizen participation. On Nov. 7, Mr. Duckers wondered aloud why citizens didnt volunteer to serve on the CRC, stating that the commissioners had pled and pled for citizens to serve, and the news media asked why Salina citizens failed to attend the public C.D. meetings last week, Perhaps they know they would run into the same kind of stone wall the League encountered 0 ='i the seemingly simple issue of an advisory park board. In the Aug. 29 meeting, Commissioner Gels said he felt a.nother study would only duplicate the efforts of the League, and that he felt that at least on the park board the commission should take immediate action. Commissioner Graves stated that she believed in citizen participation and input, and did not see how the commission could possibly lose by appointing an advisory park board. And Commissioner Simpson stated he felt the decision to do a professionsl study should be postponed until the commission and leaders of the League had sat down together and gone over in detail what some of the past studies had done. Yet with no communication to us from any of you to indicate you had changed your positions, at the Nov. 7 meeting you passed by a 5-0 vote a motion to hire a professional consultimg firm one of whose duties would include a study of a park board and its duties; another to go over the past studies. No reference was made to your change in attitude from the Aug. 29 meeting. We had believed yaar words of thanks and praise; we hac accepted your invitation to meet. From this experience, we have gained firsthand knowledge about why the citizens of Salina don't step forward to help out any more on the CAC or anywhere else. Getting back to the point, that is whatyou mean by citizen participation. Let us give an example which tells you what we mean ... Out of curiosity, one of our members asked a licensed landscape architect what the routine procedure was when a firm was asked to resign a community park to see how that would have dirrered from what happened here when the Southeast Park controversy arose. His reply was that first he would have studied carefully the terrain to see what natural features there were which might be used in the creation of a park. In the case of Southeast Park, it seemed to him that the hedgerow should have been maintained because, as he said, they are rapidly disappearing from the Kansas landscape and should have been preserved for that reason alone; they also serve as an excellent windbreak and temper- ature control both in summer and winter, making the area more usable. The thorns, he said, were not an undesirable feature but rather a safety feature to prevent children climbing. It seemed illogical to him since a nature area was desired in the park to tear out a natural area -in order to plant an artificial nature area. A hedgerow is a natural wildlife and bird habitat. But back to the procedure --the first move beyond that would be to visit with neighbors most immediately adjacent to the park to see how they felt about it, in order to try to incorporate their desires in matters such as lighting, traffic, etc., since they would be most immediately affected. Then the area would be expanded to visit with the regional neigh- bors since they would obviously be heavy users. Because of the close proximity of South High School teachers would have been consulted to see how they might like to use the park as part of classroom and extra -curricular projects, expecially the natural science and the physical educa- tion teachers. (Incidentally, the natural science classes did use the hedgerow for trapping smal types of wildlife in their studies, and observing birds there who used it as a sanctuary.) Another step would be to talk with groups such as the YWCA, YMCA, Scouts, etc., who are tradi- tionally heavy park users. The advisory city bike -route committee would have been asked for suggestions. Park department personnel would be closely consulted regarding maintenance features, etc. He commented that he had never been fortunate enough to be called into a situa- tion where a group had accumulated the mass of pertinent knowledge the League has, all of which would be available to a consultant firm or to park dept. employees, or anyone ---a gold mine, he called it, so the League would be another group who would have been consulted. When all of these ideas had been put into a plan which seemed to reflect what theep ople wanted, a sketch would then be published in the local paper, along with a time and place scheduled for a public meeting where people could either write or visit to let the consulting firm know how they felt about the plan. Only then would a final plan have been drawn up and submitted to the governing body for approval. This is what WE mean by citizen input and participation. We are not saying that a professional firm should have been hired, now that the existing plan is a good plan or a bad plan. We have no way of knowing, and no way of evaluation it even now. But we know that this type of procedure was not followed, and it could have been. Perhaps the citizens of South Salina are pleased with a manicured -type park which has a waterfall, sunken garden, and some of the features they will be getting. On Nov. 7 two commissioners said, "I like the plan." That's interesting, but that's hardly the issue. Even Commissioner Simpson's solution --to hire a consulting firm to see if it is a good plan --won't tell you what the people want just by looking at the blueprints. The only fact that should be considered is: Does this plan provide what the people of Salina want? At this point, no-one really knows. Thi present situation would probably not have drawn fire from several quarters if the public had been consulted, for then the designers would most certainly have learned for example, how dear to the hearts of some Salinans the hedgerow was for a variety of reasons. It comes back to actively seeking public input. After all, that's what representative government is all about. I hope this demonstrates the difference in the meaning of the words "citizen participa- tion" that exists when we use it as opposed to your concept of it. You say you encourage it but your actions speak otherwise, as witness your reluctance to hear the League out regarding the need for and the purpose of a professional study. What happened in the time period between your courteo,s and enthusiastic reception of our report and your statement that you would delay a hiring c�Jrs ;ultir�',� i ir�lii until grit' s:;t. d�)vin t;rE'i}ler--atl 7iivit:ation 1:r;lit�h 1^:0 -3 accepted with pleasure ---and your Nov. 7 action to hire one? Only by staying at that Nov. 7 'meeting and insisting that you carry out your commitment to hear us are we here today. Few citizens are that persistent. Advisory boards, especially ones which honestly seek and encourage citizen input, not just pay lip service to it, can help you keep in touch with the people of Salina. Rather than feel threatened by such a development, the administration and the commission might find it a rewarding experience to touch base with all segments of the community. And an advisory board would certainly have saved you time in the past months--- the -y would have been sifting through all this instead of you. Right now people don't know were to turn when they have a gripe or a suggestion about parks, which is why all of us have received so many calls on the subject from people who are interested. Salina is a wonderful town, and the people who live here have a lot of worthwhile ideas on how to make it. even better. By asking them to serve as advisors on one hand while you throw every conceivable obstacle in their path to prevent their doing so is counterproductive. When a group such as the National Audubon Society objects to an action such as the removal of the hedgerow, they deserve better than to be called "a very small group who are extreme in their environmental thinking." Surely there is room for diversity without abuse; surely reasonable people with similar goals can discuss differing points of view with dignity and respect toward each othier. By really encouraging input, you will occasionally get the irate letter, the abusive plane call, or even someone ill-tempered at a commission meeting, but as Harry Truman said, "If you can't stand the heat, get out of the kitchen." To demonstrate your good faith in the judgement of Salina's citizens, I would submit that a good. place to begin would be for you to have the courage today to rescind your motion of Nov. 7 about hiring a consulting firm before Dec. 1, and instead move to form a citizens advisory park board, under a city ordi- nance which our own city attorney draws up without a consulting firm's assistance, and for you to specify that you want members of that board to serve as a sounding board, and do everything in their power to encourage anyone to come before them on any park -related matter, where he or she would always be assured a fair and courteous hearing. Another matter of deep concern to our members is that if a professional consulting firm is hired, either as of Dec. 1 or at a later date upon the recommendation of the park board and action by the city commission, that individuals and groups in Salina be given equal access to their representatives. This has not been true -in the }Nast, and it has caused hard feelings and polarization in the community. For example, when the Corps of Engineers presented their findings on the Smoky Hill River in April of 1974, they met first with the city commission; then Col. Needham and other Corps personnel met extensively and privately with Chamber of Commerce members and their special committees who have had a long-time interest in beautifying the Smoky Hill River, and were able to provide some valuable input on this subject. But the public at large had to attend one scheduled meeting, held at the Salina Community Theatre which seats only several hundred people. There, with the TV cameras grinding and microphones and tape devices recording every ward, the "public" was given their chance for "input". When such a meeting runs long, people are reluctant to prolong it with legitimate concerns and questions. And there is no doubt that some people are intimidated by the cameras and recording devices which totally eliminate candor or compromise, both of which the Chamber of Commerce members were able to display in their private meetings. This is not the equal treatment that citizens have a right to expect. Our hope is that any group of citizens who express a desire for a hearing with a consulting firm's representatives will be heard in the same manner as any other group. Finally, since our study also encompassed recreation, we encourage you to establish regular channels of communication with the SRC board. Your responsibilities and constituencies overlap into so many areas, you both owe it to the people of Salina to keep in close touch with one another. This is another way in which a park board could serve you. It.appears that the purpose of the legislation which allowed recreation commissions their own tax levy and governing board was to provide communities with more funds to provide better programming for recreation, with its own director and staff. But recreation commissions may not hold title to real property, as we understand the state law ---local government is to provide the necessary physical facilities. In Salina, we don't. SRC has to spend its own tax dollars to rent or lease facilities. This money would be better spent on programming. Manhattan, a first-class city with a city-commission--city-manager form of government, has an advisory park board and an autonomous recreation commission, as we have. The superintendents of each work very closely, a letter from their city manager advises us, "since the city furnishes and maintains the physical facilities". Instead of looking upon having to provide recrea- tional physical facilities as an additional outlay of city funds to finance a program over which they have no control, Manhattan's view appears to be that they are getting added revenue (from the separate tax levy) for city recreation to pay for its programming, and at the same time being relieved of the responsibility of having to run a complex program which requires professional guidance. Those of you who have seen and studied Manhattan's facilities must surely conclude that Manhattan's taxpayers are getting their money's worth. The key to such success seems to be in the phrase "they work closely together". Our League's recommendation was to have a representative of the SRC as an ex -officio member of the advisory park board, and a park board representative an ex -officio member of the SRC board. It seems to us that such a procedure would help bridge the gap that currently exists. We would like to quickly apprise you of some of the basics so that you will know what informa- tion you already have, and more clearly ascertain what it is you want a professional study to tell you. To use one quick example of what we mean, the 1964 Wilson Company park study advised the city to consider disposing of the parks along Broadway because of their poor configuration and traffic patterns. That situation has not improved, only gotten worse. Our League study reached the same conclusion earlier this year, and at that time we did not know of the Wilson Co. conclusion. It seems foolish for you to pay out money to an expensive consulting firm to tell you once again what you already have paid to find out. There are many, many such examples one can find in going through these. Perhaps the best move on our part now would be to turn the floor over to you for a response on any of the items we have raised --the legitimacy of the League to speak on these matters; your feelings about involving citizens before major decisions are made; the need for a park board; the need for a qualified park superintendent; the need for closer communication between the city and the recreation depart- ment; or the need for hiring a consulting firm to tell you what your park needs area Thank you, very sincerely, for taking the time today to hear us out. We really do appreciate it, for we know the demands made on your time are many, and you have already had a very long day dealing with city affairs. I would like to conclude with one last point ---we really are not picking on you... the purpose and policy statement of the national League of Women Voters states, "The League of Women Voters, a nonpartisan organization, promotes political responsibility through informed and active participation of citizens in government and takes action on selected governmental issues chosen by the members...The League believes that democractic government depends upon the informed and active participation of its citizens and requires that governmental bodies protect the citizen's right to know by giving adequate notice of proposed actions, holding open meetings and making public records accessible.... The League of Women Voters believes that efficient and economical government requires competent personnel, the clear assignment of responsibility, adequate financing and coordination among the differing agencies and levels of government....The League believes that responsible government should be responsive to the will of the people....". All of these points are applicable to our local study on parks --- citizen participation, competent personnel, the clear assignment of responsibility, government responsive to the will of the people ---and cooperation among different agencies .... If we are to protect the integrity of the League of Women Voters, we felt we had no recourse other than to call these matters to your attention. We hope you will receive them in the same spirit and mutual respect in which they are offered. Thank you. NOTE: The preceeding statement was typed verbatum from a copy presented by the League of Women Voters to the City Commission on Nov. 21, 1977. The copy was not legible as presented. 1 1 IJ THE CITY ENGINEER reported on Petition Number 3670 which was filed by Bob Martin for Salina Heating and Air Conditioning, Inc. requesting vacation of the west 5' of North Chicago Street, adjacent to Lots 5 and 10, Block 11, Chicago Addition, and recommended denial of the petition as the city has a 12 inch water main in the west parking of Chicago Street, adjacent to Block 11, Chicago Addition. "I would suggest that the petitioner ask the Board of Zoning Appeals for a variance in the setback requirements for this location. If this variance was granted, it would serve the same purpose as the vacation would for building purposes." A motion was made by Commissioner Simpson, seconded by Commissioner Geis to accept the City Engineer's report and deny the petition. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3665 which was filed by John Baldwin for Dillon's Real Estate Company, Inc. requesting a break in the restricted access on the east right-of-way line of Centennial Road approximately 60 feet south of the south right-of-way of West Crawford Avenue, "Centennial Road is an access road that was constructed for a special purpose by the Federal Government through the Kansas Department of Transportation. The purpose of this road was to connect three arterial streets with a north entrance into the Schillin area. The three arterials being Crawford Avenue, Republic Avenue and Cloud Street. The Federal Government paid for the right-of-way to construct Centennial Road and the limited access was a part of the purchase agreement. Centennial Road is a two-lane road with a 50 mile per hour speed limit. "I have discussed this request with the Kansas Department of Transportation, Saline County Engineer and the City Planning Department. These three agencies are opposed to breaking any access on Centennial Road. "I recommend that this request for a break in the access on Centennial Road be denied for the following reasons: 1. Special purpose road with no platted property fronting thereon. 2. Two-lane road with 50 mile per hour speed limit. 3. High -peak hour usage with a stop sign north of this entrance. 4. The petitioner has three other entrances platted to this small commercial property." A motion was made by Commissioner Graves, seconded by Commissioner Weisgerber to accept the City Engineer's report and deny the petition. Ayes: (5). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3669 which was filed by Perry Dunlap for Salina Auto Parts, requesting a truck loading zone at 221 North Santa Fe. "Mr. Dunlap is presently using his driveway as a loading and unloading space for his delivery truck. He is parking on the city property portion of the drive and has been receiving traffic tickets for illegal parking. "We have discussed this problem with the Police Department and it was agreed that the Police Department would consider a driveway used by the property owner for loading and unloading purposes the same as a designated loading and unloading zone. This would have the two following advantages: 1. It would not eliminate a metered parking space. 2. It would still prevent the public from using his driveway. "Mr. Dunlap has agreed to this procedure and has been sent a copy of this report." A motion was made by Commissioner Weisgerber, seconded by Commissioner Simpson to accept the City Engineer's report and deny the petition. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the denial of Zoning Application 77-20, filed by James Ward for the rezoning of Lot 3, Block 1, Tolle Subdivision from District RS (Single Family Residential Suburban), to District "R-2 (Multiple Family Residential). Mr. Jim Ward was present and explained that the size of the lot, 75' x 310', is not suitable for a single family dwelling, that he plans to put 2 duplexes and a triplex on the lot. Commissioner Simpson moved to accept the recommendation of the City Planning Commission and deny the request. Mr. Ward asked the Commissioners to table the request so he can put in an amendment for planned development. A motion was made by Commissioner Simpson, seconded by Commissioner Geis to withdraw his original motion and to table the application. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the adoption of the Service Extension Plan for the remainder of Mayfair Addition, as a prerequisite to annexation. A motion was made by Commissioner Graves, seconded by Commissioner Weisgerber to adopt the Service Extension Plan as presented by the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: "A RESOLUTION setting the date for a public hearing for the consideration of annexing certain property to the City of Salina, Kansas." [Setting January 23, 1978 as the date for public hearing. (remainder of Mayfair Addition)]. A motion was made by Commissi Graves, seconded by Commissioner Weisgerber to adopt the Resolution as read and the following vote was had: Ayes: Geis, Graves, Simpson, Weisgerber, Duckers (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3347• PUBLIC AGENDA PETITION NUMBER 3671 was filed by Robert Duffy for stop lights at the intersections of Centennial Road and Schilling Road; and at 81 Highway and Schilling Road. A motion was made by Commissioner Weisgerber, seconded by Commissioner Graves to refer the petition to the City Engineer for a recommendatil Ayes: (5)• Nays: (0). Motion carried. ier PETITION NUMBER 3672 was filed by Keith F. Rawlings, Secretary of the City Planning Commission, for the renaming of Stratford Lane in Mayfair Addition to Sherwood Lane. A motion was made by Commissioner Simpson, seconded by Commissii�ner Geis to approve the petition and to introduce an ordinance for first reading. Ayes: (5)• Nays: (0). Motion carried. Ordinance Passed: Number: i r, A SURETY ON BAIL BOND License Application was filed by Wayne L. Robinsorll, agent for Nichols Bonding Company. (New application). The City Clerk reported the applicant has paid the required fee, and the application has been approved j by the Police Department. A motion was made by Commissioner Simpson, seconded by Commissioner Weisgerber to approve the license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA "DISCUSS OPTIONS FOR RELOCATING ADULT BASEBALL AND SOFTBALL FACILITIES" (Sponsored by Mayor Duckers). Mayor Duckers - We have the youngsters baseball taken care of in the proposed new 8 diamond Lower Indian Rock Park, presuming the BOR Grant, which we have tentatively received approval on, continues to move smoothly; and we have no reason to believe that it won't, so we are now faced with the problem of what 1 1 15 to do about adult baseball. Adult baseball, the City is primarily concerned with the summer programs; however we have been making our facilities available to the two colleges and I certainly want to correct the impression that may have been given that I was saying we are not concerned about college baseball at Marymount and Wesleyan because they have fine programs and I speak for myself, and I think I speak for the rest of you, we want to do what we can to cooperate with them and make any facilities that we have available, available to them for their spring and fall baseball program. I do, however, feel that it is not a prime concern of municipal government to build baseball facilities for the colleges, as I stated, and I stand on that statement. We have received recommendations from the baseball study committee that the adult diamonds should be relocated at Schilling. We have met with the Airport Authority and there are two existing diamonds out there, one owned by KTI, and the other managed by the Airport Authority. There is space for additional baseball or softball diamonds in the close proximity to the existing two diamonds. These are directly east of the terminal building. There is other land available out there, and there is the possibilities of land acquisition. This is the item. I have made some investigations and discussed this with some people, and I would like to share with the commission, but because it does involve the acquisition of land, this should be discussed in executive session. That is the overview, and we would like to discuss any of the points that you have or anyone here would have. Mr. Jolly, of the Recreation Commission, is here. Commissioner Simpson - Just a point of information on Lower Indian Rock Diamonds. I believe my motion at the time was that we improve the 8 diamond complex and that prior to start of construction we receive input from the baseball study committee and the Salina Recreation Commission. Have we had an opportunity to meet with those two bodies and get any other public input? Mr. Olson - We have done this on staff and I see that there is no problem whatsoever. I think we were going to address the physical location and the item of safety, the item of having open space for soccer and touch football, and unless you want to say something Don, I don't see that there is any differences it is just a matter of are you going to face one north, south or whatever, and don't think this will be any problem. Mr. Jolly - No, I don't care to go into detail on it, we do have some plans from which we are working and we expect to have still another rendering from Bucher and Willis on the subject of the diamonds. We expect to have some input into that, I am sure city staff will also. We hope to be able to come back to you very shortly with a concensus on just precisely what ought to be built at Indian Rock. And that is what we are prepared to do. Commissioner Geis - My personal comment was that I was quite surprised to hear we had to purchase land in what I thought the city already owned. I was just wondering what the legality of that situation is on that. Is that or is that not our land? Mr. Bengtson - The Salina Airport authority was created by the City of (Salina, you as a governing body. State statutes authorize a city such as Salina, located within a county that did have an airbase that was declared surplus to jcreate an airport authority, so actually by the action of the governing body of the City of Salina the Salina Airport Authority was created. You vested them with the authority to manage and to operate that airport and actually the title to that property is vested in the Salina Airport Authority which is an arm of the City of Salina, Kansas. You by the appointment to this board vest them with the authority to manage and control this property, one of their powers and ,duties is to dispose of property if they see fit. Now there are certain propertie out there that they can dispose of and there are certain properties that they can't dispose of. If it is in the airport package they cannot dispose of it, they are authorized to lease it or authorize someone to use it, but if it is in the airport package they cannot sell it without the consent of the FAA. If it is on part of that land that was purchased, they can sell that. Actually you have vested them with the authority to manage and govern that property. 16 Commissioner Geis - Does that mean then that they can indeed charge us for that land? Mayor Duckers - They feel a very strong responsibility to make the airport pay its own way, and they feel this land could potentially be worth ' $8,000 an acre to a potential company coming in or manufacturer or someone coming in wanting this land. Whereas we may feel that baseball would be the highest and best interest for the use, they see the highest and best interest in bringing industry into Salina, so 1 don't fuss with them on that, Dan. I think probably we are in the position where we can work something out to our mutual j satisfaction, and true, for 10 years they have not had a taker, and they may not have for another 10, 12 or 15 years, but you would hate to go out there and put a big complex and several diamonds in, with backstops and permanent seating, and have to turn down someone who would really enhance the economy of Salina. Commissioner Geis - I guess I don't share the same feeling... A motion was made by Commissioner Geis, seconded by Commissioner Simpson to table the item until the last two items on the agenda have been considered. Ayes: (5). Nays: (0). Motion carried. "STAFF REPORT CONCERNING PRESENT STATUS OF RAILROAD TRACK IMPROVEMENTS." (Sponsored by Mayor Duckers). Mr. Boyer reported that the Union Pacific Railroad has completed the major thoroughfare crossings, 9th Street, Santa Fe and Ohio. Santa Fe Railroad has redressed all of their crossings, shaved off high asphalt and they are riding quite nicely. We have heard from Rock Island Railroad and they have taken all of their tracks out of service, 4th, 5th, and Santa Fe, 7th, 8th, 9th, and 12th. All of these will now be eligibile to be removed and the street to be paved. The Missouri Pacific Railroad, as far as I can tell, has done nothing to date. I talked to Mr. Tucker, the division superintendent, this afternoon and he said he thought the work was done, as they contracted the project with a private contractor. The Commissioners and staff discussed the alternatives open to them to get the crossings repaired. The Commissioners thanked the City Engineer for his report. "LEAGUE OF WOMEN VOTERS presentation concerning parks." Sharon Denton, President of the League of Women Voters read a prepared statement concerning the background of the League of Women Voters interest in parks, and their recommendations. i Karen Black, read a prepared statement reviewing the background and scope of the park studies which have been prepared in the past. Commissioner Simpson asked each of the ladies for a copy of their prepared statements. Each replied they would submit one. A motion was made by Commissioner Simpson, seconded by Commissioner j Graves to remove the December 1st deadline for hiring a consulting firm made in the motion November 7, 1977. Ayes: (5). Nays: (0). Motion carried. j i 1 The Commissioners thanked the ladies for their report. j A motion was made by Commissioner Simpson, seconded by Commissioner Weisgerber to recess into executive session to discuss the possible acquisition of land for baseball diamonds. Ayes: (5). Nays: (0). Motion carried. The Commissioners recessed at 6:27 P.M. and reconvened at 6:50 P.M. A motion was made by Commissioner Simpson, seconded by Commissioner Weisgerber that the Regular Meeting of the Board of Commissioners be adjourned. I Ayes: (5). Nays: (0). Motion carried. The meeting adjourned at 6:51 P.M. i i D. L. Harrison, City Clerk