10-17-1977 Minutes11
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City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
October 17, 1977
The Regular Meeting of the Board of Commissioners met in the Commissione
Room, City -County Building, on Monday, October 17, 1977, at four o'clock P.M.
The Mayor asked everyone to stand for the pledge of allegiance to the
Flag and a moment of silent prayer.
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
printed. The Minutes of the Regular Meeting October 3, 1977 were approved as
THE MAYOR PROCLAIMED October 26, 1977 - "DAY IN COURT FOR LEGAL
SECRETARIES". The proclamation was read by Jane Smith, President of the Salina
Legal Secretary Association.
BIDS WERE RECEIVED for the sandblasting of the Leisure Years Center:
Mid -Continent Waterproofing, Fort Scott, Kansas $26,580.00
Commence November 1, 1977 and require 90 calendar days
Frank McGill, Inc., Umaha, Nebraska 42,380.00
Commence 10 days following the approval of the
contract and require 80 calendar days
Nicholson Construction, Wichita, Kansas 48,000.00
Commence November 15, 1977 and require 90 calendar days
Engineer's Estimate 30,000.00
A motion was made by Commissioner Graves, seconded by Commissioner
Simpson to award the contract to Mid -Continent Waterproofing, as the low bidder
in the amount of $26,580.00, subject to the bid meeting the Engineer's specificati
Ayes: (5). Nays: (0). Motion carried.
A CHARTER ORDINANCE was introduced for second reading entitled: "A
CHARTER ORDINANCE repealing Charter Ordinance Number 5 which exempts the City of
Salina, Kansas, from the provisions of K.S.A. 13-14(a)08 which provides for
payment upon retirement to certain members of the Police Department and Fire
Department and providing substitute and additional provisions on the same subject.
A motion was made by Commissioner Geis, seconded by Commissioner Weisgerber to
adopt the Charter Ordinance as read and the following vote was had: Ayes:
Weisgerber, Geis, Graves, Simpson, Duckers (5). Nays: (0). Carried. The Mayor
approved the Charter Ordinance and it is numbered 15. The Charter Ordinance was
introduced for first reading October 3, 1977.
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A RESOLUTION was introduced and passed entitled: ''BE IT RESOLVED by
the Governing Body of the City of Salina, Kansas, that the City of Salina, an
eligible employer as defined in K.S.A. 74-4952(3) hereby makes application to
become a participating employer in the Kansas Police and Firemen's Retirement
System, a division -of the Kansas Public Employees Retirement System, created by
K.S.A. 74-4953 to provide for the inclusion of all its active and retired members
of its local police and fire pension plans as defined in K.S.A. 1976 Supplement
12-5001, effective January 1, 1978.' A motion was made by Commissioner Simpson,
seconded by Commissioner Graves to adopt the Resolution as read and the following
vote was had: Ayes: Weisgerber, Geis, Graves, Simpson, Duckers (5)• Nays: (0).
Carried. The Mayor approved the Resolution and it is numbered 3343•
A MOTION was made by Commissioner Geis, seconded by Commissioner
Weisgerber to set the date of November 14, 1977 as the date to receive bids for
Memorial Hall rehabilitation, and to instruct the City Clerk to advertise for
bids. Ayes: (5)• Nays: (0). Motion carried.
THE COMMISSIONERS CONSIDERED an agreement with Wilson and Company for
engineering services relating to (1) South Salina Drainage Area and (2) Old
Smoky Hill River Channel.
Commissioner Weisgerber said there is a question of funding and
priorities and asked the City Manager if funds are available to proceed with the
South Salina Drainage Study?
The City Manager replied there is $20,000 available from the 8th and
9th entitlement periods of Revenue Sharing Funds, $20,000 to $30,000 in the
general fund and there could be funds available from the 3rd year Community
Development.
Commissioner Graves asked if the proposed study includes the Fourth
Street and Crawford and Second Street areas?
Ron Chandler replied that it is not included in the basic proposal,
that it is possible the problem may be helped when a drainage solution is found
for the area south of Wayne and Otto, East of 1-135. The fee for the additional
area of study will be an additional $11,600.00
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Graves to defer action on the agreement until after the Commission has discussed
Commission Item 1, the reconsideration of the amended 3rd year Community Develop
application. Ayes: Graves, Simpson, Weisgerber, Duckers (4). Nays: Geis (1).
Motion carried.
PETITION NUMBER 3664 was filed by the City of Salina for grading, curb
and gutter, paving of The Midway from Ohio Street to Kenwood Park Drive and for
the installation of sanitary sewer improvements.
A motion was made by Commissioner Geis, seconded by Commissioner
Simpson to authorize the Mayor to sign the petition on behalf of the City of
Salina, and to refer the petition to the City Engineer for a report. Ayes: (5).
Nays: (0). Motion carried.
THE CITY MANAGER REPORTED on Midget and Pee Wee size diamonds in Lower
Indian Rock Park, and reported the 6 diamond layout, suggested by residents of
that area, the base cost would be $374,630.00, curb and gutter would add $34,720,
bridge would add $60,000 to $80,000 for a total project cost of $473,250.00, and
the 8 diamond configuration, without the bridge is estimated at $362,230.00,
plus curb and gutter $48,570.00 for a total project cost of $410,800.00.
Mayor Duckers asked if the layout can be adjusted? He asked if they
are oriented to the best relationship with the sun, assuming all games will be
daytime games?
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Ron Williamson replied that they are oriented to the best relationship
with the sun.
Commissioner Graves asked if soccer and flag football can be played in
the outfield?
Mr. Williamson said the only permanent fencing will be between the
diamonds and the outfield fence will only be installed during baseball season
and that the fields can be used for soccer and football.
Commissioner Geis asked about a footbridge crossing of the river
channel to the north of the diamonds.
Mr. Williamson said it is not part of the original plan.
Mr. Olson explained that the bridge and curbing and guttering could be
installed later and paid for by the city -at -large.
Don Jolley, Salina Recreation Commission Director, asked for a copy of
the proposed plan to take back to the Recreation Commission to give them an
opportunity to see it and make any recommendations to the Commission that they
might have. He said in the matter of the excavation of 2 feet of dirt in the
lower part of the riverside of the upper level, was designed to help in the
event of any flooding that might come on the lower part of that. I don't think
it is absolutely essential that this be included. There are some other things I
think could be an option, that could or could not be exercised as well as a
number of these other things. This, I think, is one of the major problems in
this entire project. That some of these things need to be thought of very
carefully. I can't conceive of constructing roadways in areas of use that you
are anticipating here with traffic and so on without some kind of traffic barrier
along those roadways, regardless of what it might be. This comes from a lot of
personal experience I have had in the matter of ball park areas and so on. The
comparison with Upper Indian Rock Park, I don't think is an accurate one because
there isn't anyplace to drive up there. You are not talking about the numbers
of people and vehicles that you are likely, that you are undoubtedly going to
have in this area. I think there are a number of things that need to be weighed
and considered very carefully, and I hope you'll take the time to do that.
Mayor Duckers - Don, I can appreciate your expertise in the one area
but I think you are stepping in on the engineer when you talk about the 2 feet
of dirt, because we have gone over that very carefully with them and they do not
advise it. They do not feel it is necessary, that water does not get on that
area. We have covered this and we have covered this, and we have covered it.
I am comfortable on accepting the recommendation of the engineering firm. I can
appreciate your expertise in this other area as far as vehicular traffic on the
green area, but that can be addressed.
Commissioner Simpson - Mr. Mayor, I would move that we receive the staff
report and that we instruct the staff to submit an amended application to BUR in
the amount of $362,230.00, and that prior to the start of construction the layout
as presented to us, be presented to the Mayor's Baseball Study Committee and to
the Salina Recreation Commission for their comments.
Commissioner Geis - I'll second that.
Mayor Duckers called for a vote on the motion. Ayes: (5). Nays: (0).
Motion carried.
THE CITY STAFF presented a proposed park plan for the area adjacent to
Salina High School South.
Mr. Olson introduced Nancy Scully, Robert Ash, and Daniel Sauber, park
department employees with degrees in horticulture, urban forestry and recreation
and who designed the park plan, and said it could be implemented in the very
near future.
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The three city employees explained the features of the park plan,
which incorporates an adult play area with tennis courts, handball court, and a
site for a proposed swimming pool, a children's play area with playground equipme
picnic shelters, a waterfall, stream and fish pond, sunken flower gardens, and
a natural area with trees, flowers and shrubs native to this part of the country.
Commissioner Simpson asked if the designers considered this an average
maintenance park, below average or higher than average.
Nancy Scully said there are a lot of areas, such as the sunken area,
sign area, waterfall area which have gravel, concrete, walks, and the only
maintenance will be mowing and weeding in the flower beds.
Commissioner Gravres.a-sked -if-people could jog through the park?
Dan Sauber said the traffic is restricted through the limited access,
and jogging should be fairly safe. He also pointed out that evergreens are
dispersed equally throughout the park to give it a green appearance all year, and
flowering shrubs will give color during the Spring, Summer and Fall.
Commissioner Graves - How did you three determine that this configurati
or that these activities are what the people in South Salina want?
idancy Scully - I think part
there, we know a lot of the problems,
want, and the phone rings and it is an
and we know what people want.
of it is working in the park, we are right
and things that happen and what people
advantage, because we are right in there
Commissioner Graves - We have had suggested to us that our city is one
of the few in Kansas that doesn't have citizens advisory board, that tries to
say what, you know, so that the people have some say in what they want in their
parks and we don't have one, and I still think that some time we really need to
think of that. Here we are making a big step or about to do something with, you
know, the fourth major park in the city and people haven't had any chance to say
what they want, and that bothers me a little bit. ... We are supposed to be
representing the people here and I don't know that the people have really had a
chance to, - where is their input into this? Into what they want in this park?
Commissioner Weisgerber - I tell you where I think their input is, and
I disagree with you on that, I think it is just like Nancy has said here, they
are working in this park. They are watching the people come and go in the
different parks and they know what they like and what they don't like and what
they ask for. I don't think we could get better input that what you probably
have received from actually working with the parks and with the people that are
in them. So I feel maybe we haven't had a formal review by someone completely
outside of it, but I think these folks are in a position to have gotten that
information through their actual work. I think they have done a tremendous job
on this. I would like to see us proceed with it. It is a family park for all
ages. It looks excellent from here.
Commissioner Graves - Well it looks nice because I've never seen any
other proposal for a park.
Mayor Duckers - I would kind of agree with what Jack is saying plus
the fact that it is kind of refreshing to me to not say well let's go spend X
thousand dollars for a study. We have done this from within and with capable
people, trained people in this area that are working with it every day, and I am
sure if we spent $30,000 or $40,000 with some firm to design a park it would
come up and be something that would look attractive to us, and we would say,
"oh, isn't that nice, and let's proceed'' and I think it is nice that we have j
done this in house for a change and utilize some of our expertise. We are, in
my opinion, probably going to have a darn nice park.
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Commissioner Geis - It looks very nice. I wonder if maybe we might
have some of those people that were here earlier with that park study, the
League, might want to see it. I can't imagine what there could possibly be in
there that isn't already, because it looks great.
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Geis to accept the plan and to proceed with the planting of trees and grading
according to the plan.
Commissioner Graves asked who would normally design a park?
Dan Sauber - Sometimes an architect doesn't look at the maintenance
point of it in their planning and designing. All three of us work in maintenance
and we have tried to design this with a minimum of maintenance as far as spacing
the trees far enough apart to get a mower between them, which is a problem in
some of our parks. We tried to design it so it can be maintained easily.
Commissioner Geis - They won me with that statement, minimum maintenance
Commissioner Graves - But it could be subject to review if a landscape
architect that has real expertise in this, you know, that we could run it by
somebody and have them, you know. This is your first park isn't it?
After further discussion about the park plan, the Mayor called for a
vote on the motion to accept the plan and to proceed with the planting of trees
according to the plan. Ayes: Geis, Simpson, Duckers (4). Nays: Graves (1).
Motion carried. Weisgerber /
The Mayor and Commissioners thanked City Employees Nancy Scully,
Robert Ash and Daniel Sauber, for their fine design and presentation.
A LETTER was received from the City Planning Commission recommending
the approval of the final plat of Westbend Addition, requested in Petition
Number 3634, filed by Pat Bolen. A motion was made by Commissioner Simpson,
seconded by Commissioner Graves to accept the recommendation of the City Planning
Commission and approve the final plat, and authorize the Mayor to sign. Ayes:
(5)• Nays: (0). Motion carried.
A LETTER was received from the City Planning Commission recommending
the denial of Petition Number 3661, filed by Dr. Daniel King to rename Schippel
Drive to Kings Road. A motion was made by Commissioner Weisgerber, seconded by
Commissioner Simpson to accept the recommendation of the City Planning Commission
and deny the petition. Ayes: Graves, Simpson, Weisgerber, Duckers (4). Nays:
(0). Commissioner Geis abstained. Motion carried.
A LETTER was received from the City Planning Commission recommending
the approval of the preliminary development plan for Central Supply in Block 10,
Northeast Industrial Park. (UR77-3) A motion was made by Commissioner Simpson,
seconded by Commissioner Geis to accept the recommendation of the City Planning
Commission and approve the preliminary development plan. Ayes: (5). Nays: (0).
Motion carried.
PUBLIC AGENDA
PETITION NUMBER 3663 was filed by Bob Cook for the approval of the
plat of Cook Addition in Section 4, Township 14 South, Range 3 West of the 6th
Principal Meridian in Saline County. A motion was made by Commissioner Geis,
seconded by Commissioner Weisgerber to refer the petition to the City Planning
Commission for a recommendation. Ayes: (5). Nays: (0). Motion carried.
A LETTER was received from the Occupational Center of Central Kansas,
Inc. offering the use of the swimming pool at 370 Schilling Road to Salina
residents, and to negotiate a lease satisfactory to the City of Salina, and to
OCCK.
Mr. Gary Cook was present to discuss the proposal.
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The Commissioners and staff expressed their concern about the safety
of the children traveling that distance to use the pool.
The Commissioners suggested Mr. Cook investigate the possibility of
the Good Samaritan residents, Child Day Care Centers using the pool as they have
transportation, and also suggested the Salina Recreation Commission.
Mr. Cook asked that he have a response from the city by early Spring.
A motion was made by Commissioner Geis, seconded by Commissioner
Simpson to accept the letter from the OCCK. Ayes: (5). Nays: (0). Motion
carried.
A LETTER was received from the Salina Area Chamber of Commerce to
discuss the parking matter presented to the Commissioners several weeks ago.
(May 23, 1977)
Mr. Larry Justus and Dan West, members of the Parking Committee of the
Chamber of Commerce were present and asked the Commissioners to delay the parking
survey request until a later time as they recognize there are several pressing
matters to be considered first.
A motion was made by Commissioner Graves, seconded by Commissioner
Geis to receive the letter from the Salina Area Chamber of Commerce and accept
the report. Ayes: (5). Nays: (0). Motion carried.
Mayor Duckers thanked the members of the Chamber of Commerce for their
consideration.
A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Mary L. Marble,
d/b/a 19th Hole, East Crawford Street. (Municipal Airport). The City Clerk
reported the applicant has paid the required fee and the application has been
approved by the Health Department, Zoning Officer and the Police Department. A
motion was made by Commissioner Simpson, seconded by Commissioner Graves to
approve the license application and to authorize the City Clerk to issue the
license. Ayes: (5). Nays: (0). Motion carried.
COMMISSION AGENDA
''RECONSIDERATION OF THE AMENDED 3rd Year Community Development Applicat
Sponsored by Mayor Duckers.
Mayor Duckers - On the commission agenda I placed an item to reconsider
the amended 3rd year Community Development application, and I did this after a
great deal of soul searching, as to whether perhaps we may have acted too quickly
without considering all the ramifications and possibilities last.week. I think
Jack, my initial reaction to you when this was first mentioned was that this
church/state conflict thing, and then as I read Carmen's report and discussed it
with you and heard the presentations I thought if there ever was a 3 instances
where Community Development funds were being used exactly as they were intended
to be used to help and assist low and moderate income people, and the handicapped
these three requests addressed those needs. However, Dan, as you made the
motion and made your comments last week I certainly concurred with them and I
felt at the time and I think I commented something to the fact that my head kept
saying no and my heart was saying yes, and I just wonder in retrospect if we did
act to hastily. I have some questions about the legality of it, that I haven't
had a chance to talk to Mr. Bengtson about but I wonder in the case of the
elevator particularly at the YWCA if we can, in fact, spend money for something
that has actually been constructed, and I wanted to bring it back up today to
see if any of you shared my feelings or whether you are still comfortable with
the decision.
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Commissioner Geis - I have comments that I would like to make concerning
that. Certainly I think no other commissioner was as concerned with the possible
precedence that we were setting at our last meeting on the vote than I was and I
know I was bothered with what we were doing; however in the light of what we
knew at that particular time I voted in what I considered to be the best interest
of the citizens of Salina, the community at large, and with that in mind and
with the possible precedent that we would be setting by such action as reconsideri
I am, at this time unwilling to reconsider my decision of two weeks ago, and I
am going to stick with my vote at that time, and I feel that if we do reconsider
this matter, even though it was a method we were unconfortable with that we open
ourselves for every single major decision being brought back before us by whatever
pressure is used on commissioners and certainly I read the newspapers and
receive as many phone calls as perhaps any of the rest of you have; but I feel
that that decision was made by me and I am willing to stick with it, and I am
not willing to reconsider.
Commissioner Weisgerber - I wasn't able to vote because of conflict of
interest on the Salvation Army part of it. However I feel we have committed,
and it is not fair to back up on a commitment to these 3 agencies unless, and
there are rumors going around about this, unless one of the agencies has found
another source of funding. Now if that is true, and that can be worked out,
then I think we might make a change in that one case. If this is not true, I
just feel that we have committed, rightly or wrongly, and it would not be fair
to these groups to reverse that decision. I am sure the money will be used to
the good in all three of those agencies, and granted we may be letting ourselves
in for some criticism. We did put off the flood control project until after we
would discuss this, at that time I had im mind not trying to take this money
away from this particular part of that application but possibly, it has already
been reduced some, and perhaps we might choose to reduce a little more the
amount set aside for track crossings. In order to gain perhaps the $15,000 or
such amount that might be required to put into this study in the flood control.
If some of the other commissioners or if someone else in this room is aware of
alternate funding, this I think might be something we should consider, because
if that is available then I would feel perfectly clear about changing the funds
that we allocated for that one agency. And I am not sure of it, I simply have
heard that, does somebody know?
Commissioner Simpson - Well, in research and retrospect is there
anything illegal about the application, the funds approved by the Commission 2
weeks ago?
Mr. Bengtson - I might speak to the fact that I talked with the
Attorney General's Office and he assured me if these were General Funds or
Revenue Sharing Funds that they would not be available for this purpose, however
as to CD funds they indicate the State of Kansas has no restrictions, in other
words the Federal Government approves these, and the State has no clause that
would prohibit it.
Commissioner Simpson - I think as long as I voted on the basis last
week or two weeks ago, on the basis that they were eligible activities, that
these were agencies that were meeting needs and points of needs, I would agree
with Dan, I would have no hesitancy about reaffirming my affirmative vote on
that motion. I would, I think we need to ge the funding of the study settled,
get that underway because I think we have a commitment to the people in South
Salina to get that done.
The Commissioners and staff discussed the scope of the proposed study,
and the available funds.
Commissioner Weisgerber asked that the park plan prepared by Bucher
and Willis brought up to date%, before we make a lot of other studies.
Commissioner Simpson said he thinks the Citizen Advisory Park Board
should be appointed before we do another park study.
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Mr. Olson suggested $10,000 be moved from Railroad Crossings to Plannin
and Management so it can be used to fund the study.
A motion was made by Commissioner Simpson, seconded by Commissioner
Weisgerber that the Amended 3rd Year Community Development application be amended
to transfer $10,000 from street improvements, railroad crossing repairs to
Planning and Management. Ayes: Geis, Graves, Simpson, Weisgerber, Duckers (5)•
Nays: (0). Motion carried.
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Geis to authorize the Mayor to sign an agreement with Wilson & Company to proceed
with the drainage study in the amount of $49,500. Ayes: (5). Nays: (0).
Motion carried.
''DISCUSS possibility of naming an
purpose of studying animal related problems
(Sponsored by Commissioner Graves.)
Animal Control Committee for the
in Salina and their possible solution4l,
Commissioner Graves - It is time to look at our animal control ordinance
and perhaps it is just fine and we don't need to do anything but put some teeth
into it. ... I think, as I said to you in my memo that we are experiencing in
this country and in Salina also an epidemic of unwanted pets that roam at will
and strew trash about the yard, and leave animal excreta in the yards and are
even a threat to life and limb, and so forth and I would like to see us consider
tonight the possibility of naming a committee to look into all the phases of
animal control. I would suggest it would encompass the following points: To
determine what health and environmental problems are caused by uncontrolled
animals, to gether some factual information and develop and comprehensive and
enforceable animal control ordinance which might possibly include cats. I would
like to stop here and say, I do not envision any kind of an ordinance where we
would try to confine cats or have cats out only on leashes. I think that would
be silly and would probably not be enforceable; however, at this time are not
covered in the ordinance. They are allowed to roam without any licensing or
Inoculations. They are living organisism that wander around and carry parasites
and contageous diseases, and there is absolutely no control over them at this
point, because there is no ordinance that covers them, and I would also like
this group to examine all phases of existing animal control programs in Salina
and make recommendations that might perhaps improve service to the community
like the animal shelter and the possibility of low cost fines, and also perhaps
a differential fee schedule that would favor neutered animals, and make it more
expensive to get a license if your animal isn't neutered. Kay Carlson is the
person I would like to recommend be appointed to chair this committee. I have
some suggestions for names. If we decide that we want to look into this.
Mayor Duckers - I think the first item would be to decide if we do
want to appoint a committee.
A motion was made by Commissioner Simpson, seconded by Commissioner
Graves, that the Commission endorse the study of the animal related problems in
Salina and their possible solutions, and that you name the committee at the next
city commission meeting. Ayes: (5)• Nays: (0). Motion carried.
Mrs. Kay Carlson was present.
Mayor Duckers asked that the appointment of an ad hoc committee for
the Salina Bicentennial Center and a comment about railroad tracks be added to
the agenda for consideration.
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Simpson that these two items be added to the agenda for consideration. Ayes:
(5). Nays: (0). Motion carried.
Mayor Duckers - I think anyone going north and south last week is
aware Union Pacific is getting with it on both Ohio and Santa Fe, and the plan
to move over to 9th Street next, and I would like to commend the Union Pacific
Railroad Company for taking action on our request. I would like to find out
from Larry is there is anyway we can remind the others that we told them we
expected them to have their repair work done before snow flies.
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Mr. Bengtson - They were supposed to have scheduled their work.
Mr. Boyer - We heard back from two more. The only one I haven't heard
from is MPRR. The Rock Island has been in, they have determined what tracks can
be removed and if it works out right they were going to try to move into Santa
Fe at the same time UP is so they would get those four crossings out while UP
has the street closed.
THE MAYOR, with the approval of the Board of Commissioners, made the
following appointments:
Bicentennial Governing Board
Will act as an ad hoc committee until Mr. Bengtson can draft an enabling
ordinance which will officially set out the terms of office and their
responsibilities.
Ralph Reitz, Acting Chairman
Bill Usher
Ken Stephenson
Ed Pogue
Dean Evans
City Manager -
Executive Vice
Whitworth.
Norris Olson
President of the Salina Area Chamber of Commerce - Bob
Mayor Duckers said the full terms will be 3 year terms, and the members
of the governing board will be able to succeed themselves one time. We have
asked Mr. Reitz to convene this ad hoc committee and for them to elect their own
permanent chairman. The Commission charges the committee to commence the search
for the building manager, and a management team, and to engage him or her at the
earliest; to reommend fees for the use of the complex; address the need for
promotional literature which can be distributed to people interested in renting
the facility. He said he would like for the City Commission to meet with this
group soon, to exchange some thoughts.
Mr. Olson asked the City Commission to approve an expenditure of
$5,400 to fence the ramps of the pedestrian overpass on Broadway Boulevard. He
said there was an incident of a rock being thrown from the overpass resulting in
the breaking of a car windshield.
Mr. Harris - As a result of that article I visited with one of the
ladies and primarily the reason I contacted them was -- in that article they had
called someone in the city and did not get any cooperation. They said that they
told the photographer and reporter exactly that. They did not call the city
because a couple of years ago they made the same request, that the ramp portion
of it be fenced and that did not happen. They are concerned primarily about
the safety and welfare of the children. They climb on those rails which are
about 3' high, which is a pretty good elevation. They are concerned that the
children playing on it, one of them is going to fall off and be injured. In
fact this did happen some time ago. How high the kid fell from I don't know, he
fell from the ramp and injured a leg. So this is their primary concern. This
incident that happened, the breaking of the windshield, a rock was thrown from
off the ramp portion of the walk not the walk across the highway. They may be
able to shove a rock through but they shouldn't be able to get a direct hit at
the vehicles. We wouldn't say that this is going to prevent these typea of
things from happening but their primary concern is the safety of the children.
I think here is a situation brought to our attention, if, in fact such an incident
should occur, the city might well be in a liable position. The City Attorney
should address this ... This is what this is all about.
The Commissioners and staff discussed the extent of the proposed
fencing.
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A motion was made by Commissioner Geis, seconded by Commissioner
Simpson to approve the expenditures of $5,400 to fence the ramps of the
pedestrian overpass. Ayes: Geis, Graves, Simpson (3)• Nays: Weisgerber, Duckers
(2). Motion carried.
A MOTION was made by Commissioner Geis, seconded by Commissioner
Weisgerber, that the Regular Meeting of the Board of Commissioners be adjourned.
The meeting adjourned at 6:45 P.M.
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D. L. Harrison, City Clerk