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09-29-1975 Minutes15 City of Salina, Kansas Regular Meeting of the Board of Commissioners September 29, 1975 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, September 29, 1975, 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 Robert C. Caldwell, Chairman presiding Commissioner Keith G. Duckers Commissioner Gerald F. Simpson Commissioner W. M. Usher Commissioner Jack Weisgerber comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney W. E. Harris, Deputy City Manager D. L. Harrison, City Clerk Absent: Norris D. Olson, City Manager The Minutes of the Regular Meeting of September 15, 1975, and the Special Meeting of September 18, 1975, were approved as printed. THE MAYOR WELCOMED two Boy Scouts, Chris Waller and Jeff Waller from Troop 14. THE MAYOR WELCOMED a group from the Martin Luther King Day Care Center. THE MAYOR presented service awards to 8 employees for 10 and 25 years of service, and thanked them for their continued service to the City. THE MAYOR PROCLAIMED Saturday, October 4, 1975 - "HELP THE CHILDREN" Day in Salina, Kansas. The proclamation was read by a representative of the Martin Luther King Day Care Center. STAFF AGENDA BIDS WERE RECEIVED for vehicles and equipment: —Three -wheel traffic scooters Harley Industries, Wichita, Kansas 1 - 4 -door sedan automobile for the Fire Department Bennett Pontiac, Inc. Long -McArthur, Inc. Jim Sullivan Chevrolet Bacon and Clark Dodge, Inc. Marshall Chrysler -Plymouth Warta Buick, Inc. $10,701.75 4,178.95 4,397.00 4,424.00 4,445.21 4,498.80 4,598.61 156 ... . ....... 1 - pickup truck for the Street Department Bacon and Clark Dodge, Inc. 4,050.14 Fleming Motor Company, Inc. 4,224.22 Long -McArthur, Inc. 4,287.00 Jim Sullivan Chevrolet 4,355.20 1 - cab and chassis for the Street Department Long -McArthur, Inc. 5,693.00 Bacon and Clark Dodge, Inc. 5,730.60 Jim Sullivan Chevrolet 6,051.44 Stewart International, Inc. 6,300.00 Fleming Motor Company, Inc. 7,298.79 1 - pickup truck for General Improvement Bacon and Clark Dodge, Inc. Fleming Motor Company, Inc. Jim Sullivan Chevrolet Long -McArthur, Inc. dump truck for Flood Control 4,083.04 4,110.76 4,324.84 4,374.00 Long -McArthur, Inc. 6,446.00 Bacon and Clark Dodge, Inc. 6,630.60 Stewart International, Inc. 7,226.95 Jim Sullivan Chevrolet 7,327.44 Fleming Motor Company, Inc. 9,248.79 1 - pickup truck for the Sewerage Department Bacon and Clark Dodge, Inc. 4,122.99 Fleming Motor Company 4,289.21 Long -McArthur, Inc. 4,299.00 Jim Sullivan Chevrolet 4,324.88 8 - Police vehicles - 6 - 4 -door sedans and 2 station wa4ons Jim Sullivan Chevrolet 29,820.61 Bennett Pontiac, Inc. 33,269.00 Marshall Chrysler -Plymouth 34,294.00 Long -McArthur, Inc. 34,477.00 Bacon and Clark Dodge, Inc. 34,589.00 4 -door sedan for the Police Department Marshall Chrysler -Plymouth 4,100.00 Bacon and Clark Dodge, Inc. 4,269.30 Jim Sullivan Chevrolet 4,352.87 Bennett Pontiac, Inc. 4,429.88 Long -McArthur, Inc. 4,470.00 Warta Buick, Inc. 4,635.74 A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to award the bids to Harley Industries, in the amount of $10,701.75, for three 3 -wheel traffic scooters; Bennett Pontiac, Inc., in the amount of $4,178.95 for one 4 -door sedan for the Fire Department; to Bacon and Clark Dodge, Inc., in the amount of $4,050.14, for one pickup truck for the Street Department; to Long - McArthur, Inc., in the amount of $5,693.00, for one cab and chassis for the Stree Department; to Bacon and Clark Dodge, Inc., in the amount of $4,083.04. for one pickup truck for General Improvement; to Long -McArthur, Inc., in the amount of $6,446.00, for one dump truck for Flood Control; to Bacon and Clark Dodge, Inc. for one pickup truck for the Sewerage Department; to Jim Sullivan Chevrolet, in the amount of $29,820.61, for eight police vehicles; and to Marshall Chrysler - Plymouth, in the amount of $4,100.00, for one 4 -door sedan for the Police Department; subject to the bids meeting the specifications. Ayes: (5). Nays: (0, Motion carried. 15'7 Mr. Markley, representing Jim Sullivan Chevrolet, asked to withdraw his bid on the 8 police vehicles because he made an error in extending the calculatio of the vehicle prices. After a short discussion with the City Attorney and City Clerk, a motio was made by Commissioner Duckers, seconded by Commissioner Usher to delay any action on the bids received for the 8 police vehicles until the next Commission meeting. Ayes: (5). Nays: (0). Motion carried. REPORT ON UNITED WAY SURVEY OF HUMAN RESOURCES. (Requested by Commissioner Duckers on September 15, 1975) Mr. Ron Elwell of the United Way of Salina, was present and reviewed the process through which they got into the survey. (For a number of years the United Way leadership has been concerned about duplication in some of their own agencies and other agencies of like or similar services within the community, and the need to identify those so that they can more efficiently and effectively make their own appropriations and have tried through various ways to seek to establish some kind of control on solicitation within the community.) He reviewed the date of how Phase I of the survey was initiated, and that 190 agency surveys had been completed and 50 are incomplete. He explained that in June he was advised by the City Manager that the City Commission was in favor of getting Phase II underway. This involved a redesigning of the inventory sheet so United Way called a halt to the Phase I surveys underway and began work on surveys for Phase II which zeros in on funding to a far greater extent than the original. This is the part you would be most concerned with as you consider funding this with municipal funds. He said the entire survey should be completed by November 30th and the instrument delivered to the City Commission in late December or early January with the recommendation from the survey in connection with the establishment of the information referral service. Commissioner Weisgerber commented, "Phase I was not completed. Now because we decided to do Phase II, the thing has been changed. As I recall this thing, Phase I was necessary to be completed in order to do Phase II. How can you drop Phase I without completing the balance of that and jump into this other phase? This doesn't seem to follow the way we understood it in the beginning." Mr. Elwell replied, "The revised inventory form will accomodate not only Phase I for the rest of the contacts we need to make in that regard, but it will also provide us the information for Phase II." Commissioner Weisgerber asked, "Then if this is going to get added information, how can it be a shorter form than the other, if it is going to get not only the information that was asked for in Phase I, but also Phase II?" Mr. Elwell replied, "It is the format primarily. This has multiple choices and is a simplified form and is a more effective and compact instrument than the original." Commissioner Duckers said, "I was not on the Commission when this was originally initiated, but I have studied it to find out what we are trying to get for $20,000 of Salina taxpayers money. I do believe in reading the report from Mr. Edleston and it did say the City Commission would be briefed after the first phase was completed and then we would decide whether we were going to proceed, and now I am told somebody directed somebody to call a halt to whatever was happening and now we are into Phase II and we have spent $10,000. 1 would like to know what we got for it." Mr. Elwell replied, "It was my instruction to call for the complete package as conveyed to me by Mr. Olson, to move ahead and the second phase was funded. Rather than duplicate effort on the remainder of the interviews that were necessary." Commissioner Weisgerber commented, "But there is the point of contention. I thought when the gentleman from Washington D.C. was out here, this first one was going to be pretty much a survey of what we had and what was available and that there was no real connection between the two. Now what you are saying here is that there is an overlaping here, so you back up on the first one and not really completed it." J 158 Mr. Elwell replied, "The information we got in the first phase will be used. We will go back to them and get supplemental information as required in Phase II. We don't have to go back over it, there is no duplication of the original information but it is additional information particularly regarding the funding of their programs and services." Commissioner Weisgerber said, "I thought the second phase was also to survey the needs of Salina, whether there are any blanks that were not filled by the existing agencies." Mr. Elwell replied, "Right. This also was part of the final report in connection with Phase II to advise you of evident blanks in the services, and tha was spelled out on page 4 of the original proposal." Commissioner Duckers said, "Reading from page 4, regarding Phase 11 it says, 'Phase II is presented as an optional in the event the United Way wishes to exert leadership in pursuing the questions of duplicating programs and existence of needs which are entirely met by any existing program. Phase II would utilize the information collected in Phase I as a data based to identify what appears to be duplication of efforts.' Have we identified those?" Mr. Elwell replied, "Phase I has not been completed because the Commission called for Phase II." Commissioner Duckers said, "Well, I don't think the Commission called for the ceasing of Phase I and the beginning of Phase II." Mr. Harris said, "Commissioners, the only thing that I am aware of is the action that you took in June, 1975 when you considered the use of Revenue Sharing funds, and at that time among other items you did approve $10,000 for Phase II of the United Way contract. Now there is no written correspondance between the City and the United Way concerning it, and as Mr. Elwell has stated, the City Manager contacted him personally to proceed with it. 1 don't know what their conversation was. The only record of action that we have of the City Commission is this consideration of Revenue Sharing funds and approval of that $10,000 item and we have a letter from Mr. Elwell to the City Manager dated June 25th stating that there would be a representative of the United Way of America here on July 1, 2, and 3, to clarify some of the questions regarding Phase II of the study which the Commission has now authorized, and apparently the City Manager was under the impression you had wanted them to proceed with Phase II by approving the $10,000 Revenue Sharing funds." Commissioner Usher said, "1 think the intent was that we wanted to see the results of the first survey, at least get some input from you people, or whoever is conducting the survey, what do we have, what is this data base now, before we made a positive commitment." Commissioner Weisgerber said, "We allocated the funds for it, but it bothers me because I certainly think that we felt that Phase I would be completed as it was originally, not shifted as apparently it has been done. Maybe this is possibly the way it should be, but I am sure it was not our understanding that Phase I would not be completed as it was originally outlined. At least I didn't recall it that way, did you?" Commissioner Simpson asked, "What is the time schedule on completion of Phase I now?" Mr. Elwell replied, "By combining the two, the balance of Phase I and Phase II, the program, they can complete the total survey, the interviews will be completed by November 30 and the report ready the last of December or the first of January." Commissioner Simpson asked, "It is going to take the full $20,000 then since we are combining the two phases?" Mr. Elwell replied, "That is what is on the basis of the original proposal." Commissioner Duckers asked, "How much have we spent now?" 1 1 1 1.59 Mr. Elwell replied, "Nothing. The United Way of America doesn't report to us until the completion of the survey, at which time they bill us and we reque reimbursement from the Commission on the basis of the agreement." Mr. Harris asked, "When would they have completed Phase I has they not gone into Phase II?" Mr. Elwell replied, "The projection was for around September or October Six months study was the projected time. It began the first of April." Mr. Harris asked, "And when were you contacted by the City Manager to proceed with Phase II?" Mr. Elwell replied, "June." Mr. Harris asked, "And at that time you called a halt to Phase 1." Mr. Elwell replied, "Yes, in order to expedite the program, to give you the total package that was requested." Commissioner Usher said, "I thought we were going to have a meeting wit you people when these people from Washington were going to be out here in July so we would have an opportunity to make a final determination whether we were going to continue with this Phase II." Mr. Elwell said, "Mrs. Hardy, a new consultant, was here in July and she had a conference of several hours with Mr. Olson discussing Phase II." Commissioner Usher commented, "Well maybe that is where the breakdown is. We need to discuss this with Mr. Olson." Mayor Caldwell asked, "Do you want to table this until another time to get some information from the City Manager?" Commissioner Duckers said, "I would like some additional information on it because I am not satisfied at this point." Mr. Elwell said, "If you will inform me as to when, I would be happy to reappear." Mr. Harris said, "Let me ask this. The City Manager won't be back for a couple of weeks. Should they sit tight on this or do you want them to proceed? He said they started this survey on Phase II this morning. I think when he leaves here today he should know whether to proceed or sit tight." Commissioner Weisgerber said, "I don't think we have much choice but to proceed really, the way the thing is." Commissioner Duckers said, "I don't really know what we are buying though at this point." Mr. Elwell replied, "The total package, as presented in the proposal." Commissioner Usher said, "I am sure they are going to have to come up with that Keith, but I think there has been some kind of a breakdown in communications." Mr. Elwell said, "We regret we did not have an understanding as to your desires when we were asked to do the full package rather than just the first half of it." Commissioner Weisgerber said, "As I recall, I think we were up against some deadlines in allocating those Revenue Sharing funds. I believe it is a matter of communication. 1 think we fully intended to go ahead and do it, or we allocated the funds to do it, but we did think in doing this that we were going to see or have available the results of this first report. " 160 Mr. Elwell said, "I regret there is nothing in the file. He discussed it with me over the phone and he discussed it with Mrs. Hardy at his desk. This was the only communication that I have." Commissioner Weisgerber said, "I think the intent was to do it, but we did understand at the same time that we would have a report on the Phase I, so somewhere this is lost in the shuffle. I feel though that we have come to the point where, since they have started it and have had this conversation, I feel we are obligated to go ahead with it. I don't really feel we should hold up at this point. Whatever the rest of the Commission thinks. I think we are obligated at this point." Mayor Caldwell asked, "Do you wish to make it a motion to that effect that they go ahead with the program?" Commissioner Duckers said, "No, I don't." Commissioner Usher commented, "I don't think it is necessary." A LETTER was received from Laverne Brockway, Chairman of the School Safety Committee, recommending the adoption of the "1975 Manual for School Crossing Protection". Mr. Boyer, City Engineer, explained this revision was brought about by some signing changes required by the Federal Traffic Control Manual and the State new manual on School Pedestrian Crossings, and brings the Salina manual into conformance with these guidelines. Mr. Tom Kennedy, appeared on behalf of Mr. Weber and the Pepsi Cola Bottling Company, explained this request is to provide an off-street parking for their employees and company owned vehicles. He said, "The letter from the City Planning Commission cited three reasons and we do not believe these reasons are supported by the facts in this case and therefore ask the City Commission to reconsider this recommendation. "The thrust of their conclusion is that it is in conflict with the A motion was made by Commissioner Usher, seconded by Commissioner Land Use Plan adopted by the City in that the proposed zoning is inconsistent Simpson to accept the recommendation of the School Crossing Committee and adopt on North 9th. Sofar as the Land Use Plan is concerned you could start at Iron the "1975 Manual for School Crossing Protection". Ayes: (5). Nays: (0). Motion carried. or light industrial or government or civic operations. On the west side of the A LETTER was received from the City Planning Commission recommending Use Plan shows as being residential is the 600 block; however, there has already been considerable conflict of the Land Use Plan because the south 60% of the the denial of Petition Number 3502 which was filed by H. A. Weber for the zoning of Lots 1, 2, 3, 4, 59 69 79 8, 9, 10, and the West 17 feet of Lots 19 and east side or the west side, 6 dwellings located right across from this requested 20, Block 1, Calkins Addition to the City of Salina, Saline County, Kansas, from been condemned by the City Building Inspector. The other 6 lots, of course District "B" (Two -Family Dwelling House District) to District "F" (Light Industri District). Mr. Tom Kennedy, appeared on behalf of Mr. Weber and the Pepsi Cola Bottling Company, explained this request is to provide an off-street parking for their employees and company owned vehicles. He said, "The letter from the City Planning Commission cited three reasons and we do not believe these reasons are supported by the facts in this case and therefore ask the City Commission to reconsider this recommendation. "The thrust of their conclusion is that it is in conflict with the Land Use Plan adopted by the City in that the proposed zoning is inconsistent with the residential use adjacent across the street. This involves the 600 block on North 9th. Sofar as the Land Use Plan is concerned you could start at Iron Avenue and go north all the way up to Pacific on the east side of the street, the Land Use Plan shows no residential area. It is all going to either be commercial or light industrial or government or civic operations. On the west side of the street all the way from Iron clear down to Pacific the only block that the Land Use Plan shows as being residential is the 600 block; however, there has already been considerable conflict of the Land Use Plan because the south 60% of the 600 block has already been zoned light industrial in conflict with the Land Use Plan, so that leaves as the only remaining residence on 9th street, either the east side or the west side, 6 dwellings located right across from this requested area. Now in this connection, one of the dwellings located there has already been condemned by the City Building Inspector. The other 6 lots, of course there are 27 letters sent to property owners around the affected area of this lan that is requested to be rezoned and only 6 people responded. Now, possibly the City Planning Commission might have construed the response of these 6 people as being an objection to the rezoning request; however if you read their letter they are not opposed, they say we are in favor of rezoning the west side of Ninth 161 Street as well as the east side of Ninth Street. In fact one of the ladies who signed the petition, her lot is already zoned light industrial so she apparently didn't realize that, but all of the property owners, there are only 6 that involv residential area on the west side of Ninth Street want their own property zoned "F" as well as this consequently we feel that the Planning Commission's recommendation that this proposed zoning doesn't protect the residential area across the street is really not consistent with the actual facts of the case. The people they are trying to protect apparently do not want this protection. Now that goes so far as to the invalidity of the Planning Commission's conclusion in our opinion. But really the merits of the petition themselves, I believe are more overwhelming. Incidentally the land that the Land Use Map does not show this to be light industrial but rather commercial, one zoning step higher than that however there is already a previous conflict with the Land Use Plan right in this same area, north of Decatur Street is zoned light industrial, so we are in a complete light industrial area all the way south to this. When we say light industrial we are talking about activities that aren't necessarily obnoxious, that is why they are a light industrial, but we feel that the petition has merit on its own right because it is desirable to provide off-street parking for employees and company owned vehicles. Right now we have 50 cars parked in the street, and it is perfectly consistent with the very policies and desirable, plus the fact, one other important point emphasized in the Land Use Plan is that proper consideration should be given to the orderly needs for growth and expansion of existing industries. We in Salina spend a lot of money each year trying to attract new industry, and here we have a good solid corporate citizen who has been involved in Salina, supported many civic activities and things of that nature, now I think that is further evidenced by the fact that they want to develop this as a parking area because it is desirable, consequently we feel that the City Planning Commission has not applied any practicality or common sense to this thing, and we ask that the City Commission take a look at the mistake that has been made in the case and rectify that mistake by allowing this petition. We feel it is consistent with the overall policy of the City." Commissioner Weisgerber asked if this request involved the entire west half of the block. Mr. Kennedy replied that it is the west half of the block. Commissioner Usher asked how many cars and trucks are involved? Mr. Kennedy replied there are approximately 50 employees. 50 cars and 10 company trucks. "The thing that is sort of unusual about it is that the Land Use Map recommends commercial zoning for that area which our present zoning laws would qualify, a service station, or service garage or things of that nature to be there, but because the bottling plant itself is light industrial, an auxiliary use such as this also has to be. It is a natural thing for this bottling company to have this zoned in this manner. We ask you to reconsider it." Commissioner Usher commented, "I think the reason that you are wanting to do this is because you planned expansion on the east side of the building." Mr. Weber said that is correct. Commissioner Usher asked if he had started that yet? Mr. Weber replied, "Without this parking lot there is no way we can build east. We have to have the parking before we can get a permit to build. Our hands are tied now." Mayor Caldwell asked if they are right up to the corner now. Mr. Weber replied they have everything in the block except what Mr. Heart owns. Mr. Kennedy commented, "Where they plan to expand is already zone "F", but in order to use parking it also has to be a similar zone." 162 Commissioner Usher said, "I would just as soon sent this back to the Planning Commission for reconsideration. We're concerned about speculators that want to take farm ground and turn it into commercial industries of one kind or another. Here we have somebody in town that wants to stay, and needs a little help to expand their business. I think this is part of the Commission's responsibility to take that into consideration and in light of the fact that one lot is already light industrial that is very close to that on the north side of Decatur, I think that is basis enough to send it back. I so move." Commissioner Weisgerber seconded the motion. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the Salina City Planning Commission recommending the denial of Petition Number 3503, which was filed by William D. Smith for the rezoning of Lots 8, 9, 10, Block 3, Riverview Addition from Distric "A" (Second Dwelling House District) to District "C" (Apartment House District) Mr. William Woody, who lives 50 feet from the lots proposed for rezonin Dwight Putnam, who owns 3 properties across the street from the proposed rezoning William Vaupel, 1129 Johnstown; Jerry D. McCabe, 1131 Johnstown; Mrs. Willard Walker, 1125 and 1127 Johnstown; Harry Whitaker, 1124 East Ash; were all present and spoke in opposition to the petition. A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to accept the recommendation of the City Planning Commission and deny the petition for rezoning. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the City Planning Commission recommending the denial of Petition Number 3504 which was filed by Izetta M. Lamer for the rezoning of Lots 28, 30, and 32, Block 2, Episcopal Military Institute Addition from District "B" (Two -Family Dwelling House District) to District "D" (Local Business District). Mr. Tracy Thu]], from Marietta and Kellogg Law Firm, appeared representing Izetta Lamer. Mr. Thull said, "I am sure the Commission is all to familiar with this matter. I think it has been up before as you will recall. Mrs. Izetta Lamer up on North Santa Fe. She tried to set up a ceramic shop and I think you are all probably familiar with the circumstances. Izetta did go in and buy the building and set up a ceramic shop there, or intend to set up a ceramic shop and was found out she could not get the property zoned properly. This of course is beside the point that is what the situation is and we have to live with it. At the present time however she is trying to rezone this property to allow her to have this ceramic shop on this property. It is my understanding that the Planning Commissi n bases their, or makes their recommendation again on their Land Use Plan policy and as the Commission probably is aware the Izetta shop is in the yellow area her right to the north of Pacific. You will see the commercial is just a half a bloc on the south side of Izetta's property there and we would urge, there is a business, I believe, across the street, a couple I believe across the street, and Izetta's business, or her property is exactly 1/3 of a block north of a gas station there on the corner of Pacific. There is one house between her house and the business on Pacific. We feel as Keith Rawlings did state over these meetings that according to the map this Land Use Plan is not a stringent or not a specific boundary or doesn't set specific boundaries but is set out what they would like the basic area to be. We feel that Izetta's ceramic shop, first of all would not be a serious deviation from this plan. It would be a mere drop off Pacific there it is pretty much on Pacific, wound not be a big inroad into the residential area of'North Salina. I believe on behalf of Mrs. Lamer that is really all we have to say. I know the Commission has heard this story numerous times, and the Planning Commission has been through it a couple of times, and we would just ask again that the Planning Commission and the City Commission realize that the important thing here is what these people think that signed the petition. I have never seen anyone else in opposition at any of these meetings and I think that Mr. Lame 's petition should be allowed and I ask the City Commission to send this back to Planning for reconsideration." Storm sewer system. As authorized by Resolution Number 3226, passed by the Board of Commissioners on the 17th day of March, 1975. The assessments have been determined and the final costs have been filed by the City Engineer. Commissioner Usher asked Mr. Rawlings, "Do you have a plot plan showing the people who might sign that petition?" Mr. Rawlings replied, "We have a map showing the zoning of the property around the request area, and we have a list of the property owners within a 200 foot radius, but we don't have them plotted on a map." Commissioner Usher asked, "Did they reply, do you know, within the 200 foot radius?" Mr. Rawlings replied, "We did not check the property owners against the list, or the signatories, to the petition, no. It really does not apply as far as the Planning Commission is concerned unless there is a protest filed, so we haven't checked on it." Commissioner Duckers commented, ''Mr. Mayor, I am fairly familiar with this part of town. Mrs. Lamer bought this property and improved it. I have admired her stick-to-itivness and I have done some investigating on my own part in that area among the neighbors in that area, and I can find no one in the entir area that is opposed to her being there in this business, on the contrary, to one they are glad she is there, that she has enhanced the neighborhood. I moved previously to sustain the decision of the Planning Commission, but in all honesty I have to say and go on record as saying, I regret doing that because I think they are wrong. I know they are having tough days now as we all are in the business that they are in, but I think that they are considering themselves pretty sophisticated planners if they can deliniate that clearly in zoning an area. I would move that we send this back to them with the strong recommendation that they become practical about it." Mayor Caldwell asked, "And if they come back with the same proposal?" Commissioner Duckers said, "Well, I've got a motion to make then, too." Commissioner Weisgerber seconded the motion. Ayes: (5). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: "A RESOLUTION designating the official depositories for all moneys of the City of Salina, Kansas, and directing the City Treasurer to deposit all moneys received by him therein." A motion was made by Commissioner Weisgerber, seconded by Commissioner Duckers to adopt the Resolution as read and the following vote was had: Ayes: Duckers, Weisgerber, Caldwell (3). Nays: (0). Commissioners Simpson and Usher abstained. The Mayor approved the Resolution and it is numbered 3248. THE CITY CLERK reported the assessment rolls are ready for the following improvements, to -wit: (Engineering Project 75-575 - Country Club Estates Addition Number 2 Improvements) Curbing, guttering, paving, grading Crestview Drive from Eastborough Road to Estates Drive; Curbing, guttering, paving, grading Estates Drive from Argonne Di -i use to the south 1 i ne of Lot 4, Block 1 , Country Club Estates Addition Number 2, Water main and service lines, Sanitary sewer and service lines, Storm sewer system. As authorized by Resolution Number 3226, passed by the Board of Commissioners on the 17th day of March, 1975. The assessments have been determined and the final costs have been filed by the City Engineer. 164 A motion was made by Commissioner Simpson, seconded by Commissioner Usher to instruct the City Clerk to publish notice in the official city newspaper at least once not less than ten days prior to the date of October 20, 1975, the date set for the hearing on said assessments, and that at the same time notice is published, to mail to the owners of property made liable to pay the assessments, at their last known post office address, a notice against the land so owned and assessed. Ayes: (5). Nays: (0). Motion carried. PUBLIC AGENDA PETITION NUMBER 3507 was filed by R. E. Sprecker, 2212 Kensington, for the rezoning of Lot 2, Block 6, Replat of Faith Addition from District "A" (Secon Dwelling House District) to District "B" (Two -Family Dwelling House District). A motion was made by Commissioner Usher, seconded by Commissioner Simpson to refer the petition to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3508 was filed by James E. Sullivan for the annexation of the East half of the North half of the Southeast Quarter of Section 35, Township 14 South, Range 3 West, Saline County, Kansas, which is located east of 1-35 Highway and west of U.S. 81 Highway, which tract contains at least 26 acres except for the East 200 feet which is presently in the City of Salina. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to refer the petition to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried PETITION NUMBER 3509 was filed by James E. Sullivan for the rezoning of the East half of the North half of the Southeast Quarter of Section 35, Township 14 South, Range 3 West, Saline County, Kansas, which is located east of 1-35 Highway and west of U.S. 81 Highway, which tract contains approximately 26 acres, from District "A" (Second Dwelling House District) to District "D" (Local Business District). A motion was made by Commissioner Simpson, seconded by Commissioner Usher to refer the petition to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3510 was filed by Larry J. Gagnon, d/b/a Star Electric, for the rezoning of Lot 31, Block 4, Holiday Addition from District "A" (Second Dwelling House District) to District "D" (Local Business District). A motion was made by Commissioner Duckers, seconded by Commissioner Usher to refer the petition to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried PETITION NUMBER 3511 was filed by Jim Fairbanks in opposition of installation of water main and sanitary sewer on East Woodland east of Ohio Street. Mrs. Ralph Fink, who lives on East Woodland, was present and is against the improvement. She said she bought the property after they were taken by the tornado and has a 425 foot frontage. She has two disabled fellows and she can't get out and work, and it would be a hardship on them. Mr. Boyer said, as of today there is no cause for a protest to be filed because the project has not been initiated. A motion was made by Commissioner Weisgerber, seconded by Commissioner Simpson to refer the petition to the City Engineer for checking. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3512 was filed by Belmont Boulevard Christian Church for the construction and installation of sanitary sewers and water lines to serve Lots 1, 2, 3, 4, 5, 6, 7, and the West 30 feet of Lot 8, and all of Lots 15, 16, 17, 18, 19, 20, and the West 30 feet of Lot 21, Block 8, Key Acres Addition to the City of Salina, Saline County, Kansas. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to refer the petition to the City Engineer for a report. Ayes: (5). Nays: (0). Motion carried. A REQUEST to keep a horse in the city limits was filed by Herman Winte 613 North 10th. (Stable is located on West Grand by the creek bed near the city limits line.) The City Clerk reported the application has been approved by the Health Department. A motion was made by Commissioner Usher, seconded by Commissioner Simpson to approve the request to keep a horse in the City limits. Ayes: (5). Nays: (0). Motion carried. 160 A LETTER was received from Russell A. Meyers, Marketing Representative of the Planters State Bank and Trust Company, to appear at the Commission meeting September 29, for the purpose of submitting a trust and giving a certain sum of money to the City Commissioners to administer as trustees. Mr. Meyers was present and explained for the past 6 months, "We have been conducting a contest we called "Make a Wish for Salina" contest and it has culminated, and they have a winner and his suggestion was a trust be developed with the $10,000 which the bank has set aside for this contest, and the proceeds or the interest gained from this money each year be given to a recipient or a number of recipients who have gone beyond the call of duty, to do something worth while for this community. In viewing that he is the winner, we have gone through this with our lawyers and it seems that in order for the proceeds from this money not to be taxed or taken for administrative purposes, the trustees need to be some sort of municipality, and so for this reason today I would like to turn over a check for $10,000 to the City Commission to act as trustees of this trust and herein lies the agreement of the trust, if it needs to be reviewed, I have had a copy to Mr. Bengtson to review, I am perfectly willing to have that done, and I would like to present it to you as trustees of the trust, and I am prepared to give you the check at this time." Commissioner Usher asked, "If we take jurisdiction over that, are we allowed to invest it in anything other than CD's or something of this sort?" Mr. Meyer replied, "You can invest that in any municipal government insured, in other words a financial institution that has government insurance. Bonds that are government insured and it is up to you to decide how it is invested. The bank will have nothing whatsoever to do with this as to how you invest the money. It is stated within the trust that a committee of four people be formed to be the selection committee for the recipients, no recipient is to receive less than $100.00 and all of the interest be given out each year unless the committee feels no one is deserving, and then it will carry over to the next year, so the recipients may receive a large sum of money or no less than $100.00. The committee would consist of a member appointed by the School Board President, a member which would be a teacher in the community; a member appointed by the Mayor to be an employee of the Police Department, Fire Department; a representati e of the Planters State Bank, since we initiated it, the man who made this said tha a representative of the Planters State Bank would be on that committee, and a member of the news media to be selected by the other three members of the committee." Commissioner Simpson asked, "Did you have any problems with the trust agreement, Larry?" Mr. Bengtson replied, "I don't think so. I believe the Statutes contemplate the city accepting something such as this, all you would have to do is accept it. It would be held in trust, it would be invested by you, as he has indicated and the only work involved would be annually the City Clerk would write one or six checks to whoever may be designated for this amount, and this would be the only work or requirement of the City. The instrument provides the investment may be made in any bank other than the Planters State Bank. Planters may not be the bank that has these funds." Mr. Meyer said, "I have five copies of the trust needed to be executed Commissioner Weisgerber so moved, seconded by Commissioner Usher. Ayes: (5). Plays: (0). Motion carried. and I would like to sign the check over to you and I would desire two of these copies back." Mr. Bengtson said, "The Commission could do it today, or it could do it later, but the motion would be to accept the trust and authorize the Mayor to execute the instrument on behalf of the City." Commissioner Weisgerber so moved, seconded by Commissioner Usher. Ayes: (5). Plays: (0). Motion carried. 166 A LETTER was received from Lloyd Schurr, Superintendent of the Board of Education to appear at the Commission meeting September 29, for the purpose of having a brief, amiable and hopefully conclusive discussion regarding the tennis courts near Salina High School South. Dr. Olson, President of the School Board, was present and said, "I talked with Mr. Olson last Thursday, and he said he was going to give you sort of a blow by blow run down on this and we have what it amounts to I think I sort of stayed back from previous discussions was one of the reasons I volunteered to come before the Commission today because I feel really, by -in -large, a very fine job has been done on this, but there has been a mild misunderstanding along the way. I think the crux of the matter is that when the school board agreed to sell the land to the City Commission that the understanding of a tennis court at that time did not necessarily involve the top dressing, such as plexipave or something like this. At this point in time, we have a very well constructed tennis court complex out there, consisting of four courts ready to go, drained well, the fences are in, everything is fine, except that in this interval from 1974 on, the general agreement for interscholastic tennis matches has included the topdressing on the courts. My concern of this is they tell me from a semi - medical standpoint that those individuals who are in the competitive tennis matches and learn to play on courts with plexipave stand a good chance of slipping and doing some very severe bodily harm if they switch back and forth from plexipave to cement and this is the crux of the matter at this point. If the school owned it we would immediately plexipave-it. We do not own it, therefo we would like the City to help out on this. We would be glad to answer any questions." Commissioner Usher said, "I think we are in the process of investigatin some other methods or applications we can put on those courts. I think there was some feeling that maybe there was only one way of doing that was plexipaving and we are not convinced that is the only way. We talked to an expert out of Wichita and he confirmed that there are other methods available, that he would recommend that nothing be done to the courts at least for 60 to 90 days because of curing, which puts us toward the wintertime when you don't put plexipave or any other kind of conditioner down, or a covering down, and I don't know where we are as far as making a final selection. We were hopeful we could find something we could put on ourselves. I don't know whether we can or not, can we Bill?" Mr. Harr -is replied, "We haven't put any of it down so far; however I would like, in the absence of the City Manager, to state his position on this that being that in the deal with the Board of Education to purchase that property for a park, and install the tennis courts as part of the consideration, there was no mention of the need for plexipave and we did in fact utilize the specifications that had been drawn up by the Board, and they were in the process of receiving bids at the time this negotiation came up between the City and the Board of Education. It was not until the courts were underway, the actual construction nearing completion that any protest or criticism came about. We feel very strongly that the city fulfilled its obligation, its agreement, with the Board of Education. Now if it is important and necessary for interscholastic use of these courts, that they be plexipaved or coated, whatever, we would think it would behoove the Board of Education to make that expenditure. We would think that they would be certainly justified to do it. If the decision of you gentlemen is to put some type of a coating on there, which is certainly your prerogative, however you would be setting a precedent since we haven't done it before, we feel that you should also consider the courts that have just been newly constructed in Sunset Park, there being three of them there; plus three other courts to be refinished in Sunset Park. If these kids are going to utilize various courts for practice and tournament play and if it is that necessary from the health standpoint, or from the safety factor it would appear that every court in town that these kids might use should be so constructed. There are two different types of applications that have been brought to our attention. One we are very familiar with is plexipave, a trade name, that is what is on the courts in Oakdale and that by the way was put on by the Recreation Commission just about a year ago. Now to do four courts, with that type of material just for the playing surface would be $2,800.00 approximately. To do the entire area $6,000. To go to the other material, epoxy acrylic coating, their trade name is Rhinocourt, and to put that on which is a heavier material, considerably heavier, it would cost $3,370.00 approximately for just the playing surface and $7,200 for the entire area. If your decision is to incur the expense on behalf 16'7 of the City, our recommendation would be to go with the Rhinocourt. We would like to for one thing compare the durability of the two surfaces. I have here in an envelope some fragments of both types of coatings, and the Rhinocourt is considerably heavier than the other. Moisture would probably be your worst enemy more than the actual wear on the surface. As I mentioned earlier, we feel that you should take into consideration the courts in Sunset Park, and I will give you the figures for that. To do seven courts the entire area it would cost $10,500 for the acrylic or the plexipave. It would cost about $12,600 to do it with the epoxy acrylic vinyl. Maybe Dean has something he would like to add to this. He has been the guy that has been catching most of the static on it." Mr. Boyer commented, "The one thing.if a decision is made, I would like to defer any decision as to what we use because I have two more experts flying in from Oklahoma City tomorrow afternoon, and we are going to let them go over it, give their recommendation. Most of these companies have various products that they can put on. Most of them will also tell you right off that the acrylic surfacing on the court of course is the cheapest because it is the easiest to put on, but it also does the least amount of good." Commissioner Duckers asked, "Is that kind of painted on?" Mr. Boyer replied, "Yes, it can be squeegeed on. There are various methods some of them finish with a roller, and some of them simply use a squeegee as the final, but the thing being if the City is going to get into it at all we want to be concerned with the maintenance problem of it, as well as the initial installation. It appears the acrylic type of coating may also have built in the most costly maintenance. The other we don't have any guarantee but we are trying to take enough time to find out exactly what it is and what we can expect out of it before we would chose a type of material." Commissioner Usher said, "Well, my personal opinion is that as far as our parks go in this community, we have always gone first class and I can't see if we are going to have brand new tennis courts we probably just as well plexipave, or cover them, not the entire one I don't think I would want to buy that entire covering, but at least the playing surface. The school board has already said they can't, won't, don't want to cover the ones that are next to South High, and actually they are our courts, so I suppose we are faced with the proposition. I think we need to do it in Sunset too. I think that way we have got probably the best set of tennis courts in this part of the country." Mr. Boyer commented, "I was just taking note that you said possibly just the playing area only." Commissioner Usher said, "That is all I am interested in." Mr. Boyer said, "Okay, but if there is any validity in what Dr. Olson was talking about now you are going to have the person playing in the same game that is going to be jumping from the surface off onto bare concrete because much of the play is outside the four lines." Commissioner Duckers said, "I would like to pursue Bill, your point, and I really don't know, Dr. Olson, perhaps can answer it. You said either the school board can't or won't, now which is it?" Dr. Olson replied, "Can't." Commissioner Duckers asked, "Could I pursue it one step further? Why?" Mr. Boyer said, "They don't have money in their present budget." Dr. Olson said, "No, this isn't it at all." Mr. Boyer said, "That is all Dr. Schurr told me." '1 168 Dr. Olson said, "It is my understanding we would have to have some type of a lease in order to do this legally. One of the things, if we had a little more time and the way Mr. Usher talked, maybe we do, the one thing we wanted was to have these done in time to have an interscholastic girls tennis meet on these this fall, and this is what we were told way back when. The first one is Tuesday, so we undoubtedly won't make this game. We have a situation where the USD 305 owns four courts at Central which are used by the tennis team and then turned loose to the public when they are not in use. South then we would have the situation where the City would own four courts and the school people would use them on occasion when the publis wasn't. Let me say one thing representing the school board and another thing representing a citizen. Maybe you misunderstood me because the statistics that I had on safety we are talking about competitive tennis and I am not sure whether plexipaving everything in town for just old duffers like me would be necessary or not, quite frankly." Commissioner Usher replied, "Well I am not going to sit here and listen to them out South, Doc." Dr. Olson replied, "Here again I am trying to divorce our situation at South from those. This is my point. The other thing on safety I think, Mr. Boye is completely right on, I think at least for the ones where there will be interscholastic competition 1 would urge the Commission most strongly to plexipav total, because you are going to immediately run into the situation where someone is diving for the outskirts, they are going to slow down and land on their hip, and this is my main concern from a medical standpoint is that this thing has a tendency to end up with snapped hips." Commissioner Weisgerber said, "A question either for Pat or for Dean, that enters into the matter maybe of timing. But don't acrylics and epoxies have some temperature minimums that need to be met? Aren't we down already into that point of year when this might be tough to do. What are they talking about?" Dr. Olson replied, "My understanding is that they should be laid betwee 50 and 70° and it is undesirable to lay them during freezing weather and during unusually warm weather, so that right now would be the best time to lay them; but I am not aware of the situation that Mr. Usher was talking about, about letting them cure. This may be very valid. I know nothing about this. I am not into it that deep." Commissioner Weisgerber said, "1 don't think it would take that long a curing period." Dr. Olson replied, "This has to do with the thickness of the substance when they lay it. If you put it on when it is too hot it is too thin; if you put it on when it is too cold -it is.too.thick and it peels." Commissioner Weisgerber said, "So 50 to 70° are your optimum." Dr. Olson commented, "This is my understanding." Commissioner Weisgerber asked, "What about the concrete cure Dean? Thirty days I thought was considered pretty complete cure." Mr. Boyer replied, "For complete cure of the concrete, what we are talking about here is getting some age to the latex surface. It has nothing to do with the strength of the concrete in that sense of curing. It has more to do with surface and adherence between the surface of the concrete and the material. When concrete - well when it is a week old you have a latent on there you can almost go out and scrape off, and then as time goes on they start to weather off, and the time is more to give a better condition to the surface then it is to cure the concrete." Dr. Olson said, "This takes the place of acidizing in other words." Mr. Boyer said, "It is a small step in the same direction. If you woul acidize now, you would not --have to wait, because there would be no reason to. If you go ahead and acidize the surface that would cut the latents off right now. Commissioner Usher said, "I would just get it off dead center and get this thing done one way or the other. I will move that we refer this to staff to come back with a recommendation on the covering of the tennis courts at South High School and Sunset. This recommendation to be within the next week" Commissioner Simpson seconded the motion. Ayes: (5). Nays: (0). Motion carried. 169 Dr. Olson asked permission to make a comment. He said, "One of the things that - I happened to be on the committee that chose the winner of the "Make a Wish for Salina" - one of the entrants in that was a bicycle route which the group thought was very commendable. One of the reasons it was not put up is because we thought it was going to be done anyway by the City, and I promised at that time to appear some time before the City Commission and urge that this be done, that it was considered a very good plan and we thought it should be followed through." Commissioner Usher said, "I will add to that by saying, you still have that information either you or Dave Fancher or together should bring it up sometine." Dr. Olson asked, "Don't you have a copy of that report?" Mayor Caldwell recalled that the Commission did have a copy. MAYOR CALDWELL said to Mr. Meyer, "We were a bit hasty when you were signing the check over to us, we want to say the City is appreciative of the efforts of the Planters State Bank and I think it was a worthy project. I would like to comment further the project was in the bounds of what the bank had proposed to spend. The others were a little bit beyond that and it was awarded on that basis, that it did not go beyond the $10,000. We are very grateful for your efforts. Maybe some of the other Commissioners have some comments." All the Commissioners agreed with the comments, and said it was a job well done. COMMISSION AGENDA "THE FORMATION OF A TEMPORARY TREE STUDY COMMITTEE". (Sponsored by Mayor Caldwell ) Mayor Caldwell said, "Before I comment on that, I would like to back up to 1970 and I know we are going along in the light of what has been happening in the last two or three weeks about our tree problem here in Salina. But during the same time in 1970 up to 1972 we had the same concern and a committee was appointed by the Salina City Commission to do something about the trees in Salina. At that particular time there was a designated area and they picked up the word SHADE, and shade -meant for your purposes "Salina Helpers Aiding Disintegrating Ecology." At that time you know we had the ecology kick going and we had a number of people concerned. Just to read one part of a paragraph from November 29, 1971, 'Last year we asked the civic groups for financial help in replacing 86 dying Elms in Oakdale, Thomas and Sunset parks with a variety of young trees. PTA's and schools were contacted for assistance in planting trees at schools and distributing seedlings to students for planting at home. This response from all quarters was a warm one. As a result of the community concern 100 trees in 17 varieties were planted in the parks; 116 were planted on the school grounds of the Salina schools. Students purchased 1,196 seedlings to be taken home for planting. Two camping clubs planted 1,000 seedlings in 12 varieties at the Municipal Golf Course. Boy Scouts gave their time and energ to help with the planting in the parks. Interest in trees for Salina has not abated. Recently students from Kansas Wesleyan obtained donations from merchants, matching funds from the City and planted over 70 trees in Indian Rock Park. Going to February 18, 1972 which marks the 100th anniversary of the observance of Arbor Day in the United States, it is with special emphasis that operation SHADE continue this year. Operation Shade stands for Salina Helpers Aiding Disintergrating Ecology, and again is in its second year.' And it goes on down to say what happened during that year, so I just wanted to bring it to your attention that the Salina Commission has been aware of the tree problem in the City for some time. I had a letter just recently, from - this is dated June 26th, and this was going to be posed under this administration just prior to what has happened with the group that proposed something for the City this year. It is my thoughts that there could be some way to require the property owners in Salina to take care of their trees, and of course cost is always a factor, but a cost share program must be worked out between the City and owner. I noticed on Highland there are several trees that need attention; 1 i0 but apparently it is up to the property owner to correct it. Now back to this forming of a temporary tree committee; as you know there has been a lot of light set in on this, and I think our good KSAL director has had some responsibility in this. I think the City Commission should give it some consideration for more reasons than one. That we do have a tree problem, and I think it is the city's responsibility and obligation to do something about it. We do do things about it but we are not as forceful as we possibly could be. I think that this tree planting committee, or this committee that we try to set up I don't know what the name of it will be - I am hoping that the City Commission will give it some consideration. I have one or two other items I will try to read here in a hurry. We could set up a study committee, and they should be established to examine the feasibility of appointing a tree board for the City of Salina. Of course this study committee would be comprised of persons who have an interest in trees, and the greenery of Salina. Some of the objectives to restudy the recommendation of the community forestry program we have been hearing so much about; to establish guidelines for the proposed tree board and if you wanted to call it some other name, that would be fine; to determine the most efficient and economical way the proposed tree committee could function; to present an estimated annual budget for the successful program; to suggest model city ordinances to implement the program; to search and recommend materials for public education; to provide monthly progress reports leading to a final comprehensive report in six months. I bring that to your attention gentlemen but I feel that this has been a citizen concern and we talk about what the City should do as Commissioners. Sometimes the will of the people is what our concern is all about and I would be hopeful that we could form some type of temporary tree committee to do something about our problem." Commissioner Usher said, "You know the Citizen's Advisory Committee has decided on a target area and it seems to me this would go along with rehabilitation and beautification of that area, that if they were charged with that responsibility in addition to their others in that target area that we would have, -plus the fact that there is going to be CD funds that would eliminate expense immediately, and see what develops out of that." There was a great deal of discussion between the City Commissioners and with Mr. Harris on whether a special committee should be appointed or if it should be referred to the Citizens Advisory Commission. Commissioner Usher moved to refer the matter to the Citizens Advisory Committee and instruct them to form a tree study committee, as outlined by the Mayor and discuss the possibility of tree ordinances and so forth. The motion was seconded by Commissioner Simpson. Ayes: (5). Nays: (0) Motion carried. A MOTION was made by Commissioner Simpson, seconded by Commissioner Duckers to add appointments to the Citizens' Advisory Committee to the agenda. Ayes: (5). Nays: (0). Motion carried. THE MAYOR, with the approval of the City Commission, made the following appointments: Citizens' Advisory Committee: (as observers) Donna Smith, representative of Salina High School South. Steve Winkelman, representative of Sacred!Heart High School. Richard Barbour, representative of St. John's Military School. Charles Kelly, representative of Salina High School Central. 1'71 The following items were brought up for discussion by the City Commissioners: A MOTION was made by Commissioner Duckers, seconded by Commissioner Usher, that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. D. L. L. Harrison, City Clerk 11 L COMMISSIONER DUCKERS asked to sit down with the Planning Commission to do some brain picking to find out some of their thinking in some of the areas that, which to us, maybe we don't understand their logic at least at this time. "As a body we should get together with Planning and maybe give you some feedback that you are not getting that we are." After discussion with the City Planner it was decided such a meeting was a little premature. A MOTION was made by Commissioner Duckers, seconded by Commissioner Usher, that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. D. L. L. Harrison, City Clerk 11 L