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02-14-1972 MinutesI City of Salina, Kansas Commissioners' Meeting February 14, 1972 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, February 14, 1972, 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 Leon L. Ashton Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. Commissioner Jack Weisgerber comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: None The Minutes of the Regular Meeting of February 7, 1972, were approved as mailed. THE MAYOR PROCLAIMED the Week of February 14 through 20, 1972 - "HIGH SCHOOL WRESTLING WEEK". The proclamation was read by Mr. Russ Long, Teacher at Salina High School Central. STAFF AGENDA BIDS were received on Engineering Project 72-543 for water line installation on Glen Avenue and Marymount Road: Stevens Contractors, Inc., Salina, Kansas $23,733.00 Smoky Hill, Inc., Salina, Kansas 33,338.53 Abbott Construction, Inc., Salina, Kansas 42,981.90 Senner Construction Service, Salina, Kansas 46,344.85 Engineer's Estimate 48,930.00 A motion was made by Commissioner Ashton, seconded by Commissioner Losik to accept the bid of Stevens Contractors, Inc., subject to the approval of the Engineering Department. Ayes: (5). Nays: (0). Motion carried. ACCORDING TO RESOLUTION NUMBER 3117 the City Engineer is to file plans and specifications for Engineering Project 71-542. The City Engineer stated that the plans and specifications are not ready because the 20 day protest period was just up and the petitioners who are to put up a 50% deposit, have not done so. He suggested maybe the Resolution should read that the petitioners put up their 50% deposit at the end of the 20 day protest period, or within 15 days. At this time, the Engineering Department could finalize their plans and specifications. Commissioner Cooper asked the City Attorney about the Resolution. The City Attorney stated the deposit is to be on file at the time the contract is let. A motion was made by Commissioner Losik, seconded by Commissioner Cooper to have the City Attorney draft an amendment to the Resolution making the deposit payable at the end of the 20 day protest period. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the Salina City Planning Commission recommending the approval of the Final Plat of Country Hills Addition Number 1. A motion was made by Commissioner Cooper, seconded by Commissioner Losik to accept the Salina City Planning Commission recommendation and approve the Final Plat of Country Hills Addition Number 1, and to authorize the Mayor to sign. Ayes: (5). Nays: (0). Motion carried. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Zoning Ordinance Number 6613 and the Zoning District Map therein and thereby adopted and providing for the rezoning of certain property within the City and prescribing the proper uses thereof." (The Rezoning was requested in Petition Number 3212, filed by Wallerius, Inc., on November 18, 1971, for the rezoning of all of Blocks 2 and 3, Wallerius Addition to District "D" (Local Business District). A motion was made by Commissioner Weisgerber, seconded by Commissioner Ashton to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Cooper, Losik, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8193. The ordinance was introduced for first reading February 7, 1972. AN APPROPRIATION ORDINANCE was introduced and passed entitled: "AN ORDINANCE making an appropriation for the payment of certain claims." (Bills - $155,720.25) A motion was made by Commissioner Losik, seconded by Commissioner Ashton to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Cooper, Losik, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered A-1617. COMMISSION AGENDA APPOINTMENT OF 22 Members to the Citizens' Advisory Committee. (Referred from the January 10, 1972 meeting). The Mayor, with the approval of the City Commissioners, made the following appointments: Citizens' Advisory Committee Cleo Allen Dale Brooks Joe Crawford Mrs, Lewis Crawford Bob Duggan William Exline Eleanor Fernandez Capt. Merritt Hartley Rev. Bernard Hawley John Heline Russ Jones Lorine C. Knoll Rev. Everett Mitchell Ray Nelson Dr. Charles Olson Ed Pogue Harold Schmidt Gary Sherrer Harry Urbanek Mrs. Eva Velharticky Gib Wenger Fortino Bonilla The Mayor also appointed Dave McClanathan and Duke Rauh, Salina High School Central students, as observers. The Mayor said some representatives from Salina High School South and Sacred Heart would also be appointed. The Mayor, with the approval of the City Commissioners, made the following appointments to the Cultural Arts Commission: Dr. Wendell Nickell, reappointed for a 3 year term to January 16, 1975. Mike Breakey, reappointed for a 3 year term to January 16, 1975. Dr. Dennis Denning, reappointed for a 3 year term to January 16, 1975. Jerry Exline, appointed for a 3 year term to January 16, 1975, to succeed Dr. Charles Creager. i k r I Mrs. Richard Morrison, appointed for a 3 year term to January 16, 1975 to succeed Mrs. George (Marilyn L.) Chlebak. Frank McBride, appointed for a 3 year term to January 16, 1975 to succeed Jack Stewart. Mrs. Gerald Shadwick, appointed for a 3 year term to January 16, 1975. (An Additional Appointment) THE CITY COMMISSIONERS reconsidered a Cereal Malt Beverage License Application filed by Walgreen Drug Store, 2450 South Ninth Street, Melvin Douglas Ford, Manager. (New - for package sales only) (Referred to the City Attorney at the February 7, 1972 meeting). The City Attorney reported the State Law says if an applicant meets all the qualifications, the City Commission shall issue a license. There is nothing in the law which prohibits you from issuing a license to a drug store. Commissioner Ashton moved to approve the license application filed by Walgreen Drug Store. The motion died for the lack of a second. The City Attorney stated to the Commission, "If you are not going to approve the license you should turn it down. They then have the right to file a suit of mandamus to compel you to issue the license." A motion was made by Commissioner Losik, seconded by Commissioner Weisgerber to reconsider the application at the February 28, 1972 meeting. Ayes: (5). Nays: (0). Motion carried. "A DISCUSSION of the salaries and job classifications of city employees, including employer-employee relations." (sponsored by Commissioner Weisgerber) Commissioner Weisgerber read a prepared statement: "On page 4 of the 1972 Budget, in the City Manager's letter to the Commission, we find this statement, 'We strongly encourage the City Commission to consider having the present classification and salary schedule updated by a professional agency prior to preparation of the 1973 Budget. The present classification and salary schedule were prepared by the League of Kansas Municipalities in 1966.' "Since this time, cost of living increases and merit raises have been given, but after 6 years of rapidly changing conditions, it would be well to have a competent, independent, professional study made of the City's salary schedules, it's job classifications, fringe benefits, etc. "I was thinking of the City's employee situation long before the county end of the building got into so much trouble, so this is not prompted by their difficulty. The City has had a far more professional approach to matters in this area than has the County. Let's be fair and honest, both with the employee and with the tax payer who foots the bill. This goal can be accomplished and I would hope that city employees would not feel the need to organize in order to receive a fair wage and fair treatment. "When budget time comes, the City's employees should be heard, both as to their personal desires and needs and as to their suggestions for improvement within their departmsnts. These improvements might include equipment, special maintenance, operating proceedures, etc. The administrative staff should take the responsibility for the best method of communication both from the employees and back to them so that all have a clear understanding of what happened to their suggestions and why. There will be some good ideas come from this that can perhaps be implemented. There may be no funds for all good ideas and some suggestions may be completely impractical, but lets have good communication and good understanding between employees and management. "There is a new state law which will take effect March 1st. It is the Kansas public employer -public employee relations law commonly known as Senate Bill 333. What this bill does, should the City decide to come under the provisions of the law, and the City has the right to make this decision, is simply give public employees the right to have a union bargain for them in this field of wages, job classifications, etc. "i would hope that by the City's taking honest, sincere action to bring about a just and equitable employer-employee relationship that our city employees will not need to turn to outsiders for leadership to get what they deserve to have. "Let's do things this way. Let's hire the impartial expert in this field to make a survey and then a report on the job situation of city employees and have the information available by 1973 budget time. Let's have good communication between employee and management. For the time being, at least, we should not elect to come under the provisions of Senate Bill 333, keeping in mind however, that in the future if a large number of the city's employees feel they want to be represented by an organization then the Commission should reconsider and make a decision based on the facts available at that time. "I am convinced that there is a point of meeting between the employer and the employee that is fair and just for both sides. Let's find this point ourselves without a knock -down battle between outside negotiators in which often times both sides wind up as losers. "Mr. Mayor, I make a motion that in accordance with the budget suggestion we ask the City Manager to employ a competent professional to survey and report on the current status the city's employees salary schedules and job classifications, and further that at this time the Commission elect not to adopt the provisions of the State Legislation known as Senate Bill 333." The motion was seconded by Commissioner Ashton. Commissioner Losik said, "I think a fellow Commissioner has made a decision the rest of us don't agree with." "We haven't discussed it enough." "I don't think we should vote here on an issue of this magnitude, and I'm amazed it has been brought to a vote so quickly." Commissioner Losik stated the laws were deisgned to protect both the employer and the employee. He said he is in favor of getting a firm to do the job and salary classifications, but he thinks we owe it to the people of Salina and the employees not to wait on this. We owe it to the employees to treat them as first class citizens. Commissioner Cooper agreed with Commissioner Losik, stating the Commission had "never at any time" discussed the new law. We had a meeting scheduled today to discuss this. We did not get to Senate Bill 333. She said, "It seems to me, if we are going to try and be informed before we make a decision, we shouldn't move on this." Commissioner Weisgerber asked, "If our own ordinance says no executive sessions, how could we have talked about it?" Commissioner Losik said, "We can talk about this in the back room. It's a personnel matter." Commissioner Weisgerber replied, "This is not a personnel issue, it's a policy issue." Commissioner Ashton said it has been discussed at the different meetings. I know Jack and Mike attended a meeting in Topeka on this bill and I have talked to several people who now are waiting to see what happens. Just because it becomes law March Ist, is no need to jump into this at this time. Commissioner Losik stated, "Mr. Ashton, you have talked to other people, but you have not talked to this Commission, and we have not discussed it." Commissioner Losik stated there was no warning of this being discussed today, except on the agenda. Commissioner Weisgerber stated this was brought up just like the Safety Officer Program that you brought up. I Commissioner Weisgerber said, "I don't feel this bill is right now, and should j be delayed for an honest and fair appraisal." This Senate Bill sets out guidelines for Cities to follow. We need to improve grievance procedure with our city employees. This bill gives us the option to make any decision at the local level. Commissioner Ashton mentioned that they discussed this bill one afternoon in Hawaii at the National League of Cities Convention, with a lot of other cities. Commissioner Cooper asked, "Anyone from Kansas?" Commissioner Ashton replied, "From Kansas and other places. The problems are the same everywhere." Commissioner Ashton said he visited with the Wichita City Manager, who stated they have 2 employees from each department who meet once a month, and from this meeting 3 employees meet, prior to budget time, with the City Manager to discuss fringe benefits, salary, etc. Commissioner Weisgerber stated that we can go under the bill any time, but once we are under it, we are there to stay. Let's wait to see what other cities do and what can be worked out." Commissioner Cooper said, "I'm not sure we'd ever get around to it." Commissioner Losik stated, "I can't understand why this Commission and Administration are so fearful of our employees." E Commissioner Weisgerber said, "We are not trying to work against them, we're trying to work for them." Mrs. Martha Thomas asked the Mayor if anyone could talk on this. The Mayor said, "Yes". She said you all know you are having trouble in the ranks. Let's go ahead and be courageous and do it. If you're working for $200.00 a month you can't afford to wait. She is sure this is what Commissioner Losik is talking about. Mrs. Thomas asked if anyone had used the Grievance Committee, and asked, "Would they be treated right if they did?""I don't believe they would." Commissioner Weisgerber said he didn't believe anyone had used it. Mrs. Helen Gray said they are scared of losing their job, is the reason they haven't. Mr. P. R. Woods said, "Go ahead the way the gentleman suggested." Mr. Bill Scholl asked Commissioner Weisgerber if he was recommending a "Company Union" without a national affiliation. He then asked the City Attorney if this wouldn't be similar to what the U. S. Supreme Court referred to in the 30's as "Yellow Dog Contracts'? The City Attorney replied, "They're not talking about entering a contract, up until this time the City had no authority to enter into any contract. Senate Bill 333, if adopted, makes it permissible to do this.,, Mayor Caldwell stated, "There are a number of things that we are not versed upon. We should get together more often. I don't know about the rest of you, but if I don't get together once in awhile with the staff and the other commissioners, I don't know enough about what's going on." Commissioner Cooper said she had called the Mayor about discussing Senate Bill 333 in executive session and he stated that it was up to the other Commissioners. It was alright if she wanted to contact them. The Mayor called for a vote on the motion. Ayes: Ashton, Weisgerber, Caldwell (3). Nays: Cooper, Losik (2). Motion carried. 1 PUBLIC AGENDA DR. VERNON E. OSBORN, a representative of the Salina Chamber of Commerce Multi - Purpose Building Committee, presented their ideas on a convention -sports type building proposal. Dr. Osborn asked the Commissioners if the elected officials are ready to discuss the Multi -Purpose Building issue again. He stated they would like to hire an outsider, which the Chamber of Commerce would pay, for a survey for the Multi -Purpose Building. They would like to bring this to Salina without any additional ad valorem tax. He stated there is a bill in legislature now, which might help us in getting the building, but what he would like the Commission to do today is to sanction such a survey. He said it would take from 4 to 6 weeks to complete the survey. Mayor Caldwell asked if the Chamber of Commerce is going to pay for this survey. Dr. Osborn said there is no obligation to the City. The Chamber of Commerce will pay for it. He also stated they were not interested in location or size of the building at this time. This will be born out in the survey. The Chamber is more interestec to see what the people of Salina want. Commissioner Losik asked, "You are not asking us to have a special election?" Dr. Osborn said, "No, all we want at this time is your sanction." Commissioner Losik says we cannot make this decision, the people have to. I have no objection. I think you would enlarge the survey to include the Citizens' Advisory Committee, because they have 80 members now. If each of they talked to 10 other people, they could get a good feeling of the people. Dr. Osborn again stated all we want is for you to sanction us and be behind us in this survey, to see what the feeling is of the people. Commissioner Cooper asked if you get a positive report from your survey, would the Multi -Purpose Committee want a special election? Dr. Osborn said, "Yes." Commissioner Cooper said I think you could find out the same thing from a petition and if it had sufficient signatures, you would be assured of your election. You would have the feeling of the people. She stated the decision to have a survey is yours. "You are the ones who are paying for it, and as a Commissioner I don't have to say whether I am for it or against it." Mr. Paul Warden, President of the Chamber of Commerce, said,"I think we would also like to have a question answered in regard to if this survey were to prove the multi- purpose building is feasible, that you, as a commission, would give us the go ahead on a special election. I think this is important before we go ahead with the survey." Commissioner Ashton said anyone in the community who wants a better place to live would be in favor of such a building. It has my wholehearted support. I am 100% behind it. Commissioner Losik said he would like to bring out a point. It is their money, if they get the survey, we'll act on it, Mrs. Martha Thomas stated, people voted on the issue twice, location was the big problem. I think they wanted it a long time ago, but want it in a different position, than where they had it, rather than block off Santa Fe. The people don't want to underwritE the businessmen uptown in those two blocks for their old buildings. Mr. Byrne Kelley, Saline County Tax Payers Association was present. He was informed by his group not to take a stand, but to ask questions. He read from an article in the newspaper relating to the proposition as presented, quoting Mr. Whitworth. "Mr. Whitworth said the Chamber will ask Commissioners whether they're interested in calling a special election for a multi-purpose building. If the Commissioners agree, Whitworth said the Chamber would offer to pay for a public opinion survey to learn whether Salinans are interested in the building and whether they're willing to pay for it. We're not going to talk about building plans, location or financing. That's still a long way away. All we want to know is whether the Commissioners would be interested enough to agree to a special election." Mr, Kelley referred to Off -Street Parking and the Municipal Airport. After Winfield won its' court case removing the municipal airport from the tax roll the Airport Authority, who can levy up to 3 mills, applied to Topeka soon after this decision was handed down, and now the airport is tax free. As a result, $31,000 a year was wiped off the County tax roll. He went on to say that the last special election cost $3,800. He thinks the Chamber should pay for this instead of the survey. commissioner Ashton thought this issue could be put on the November ballot at very little cost. Commissioner Weisgerber asked, "Do you have any objections to having it with another election?" Dr. Osborn thought the feeling of the Chamber of Commerce was to have a special election. Mrs. Martha Thomas asked Dr. Osborn how they were going to make the survey, door to door or by telephone. Dr. Osborn stated he did not know at this time. Col. Keith Duckers asked Commissioner Losik if a favorable report comes back from the survey, will you support a special election? Commissioner Losik said, "Yes, I will." Commissioner Cooper again stated if you have the people sign a petition you would know who is for it. i Mrs. Thomas said that the Chamber could circulate a petition. Dr. Osborn said that the Chamber is very much ready to spend the money for a survey and if the survey is positive, they would get up a petition at that time. Commissioner Cooper said if you will circulate a petition and the petition is sufficient, we will have to put it up to a special election. Mr. Warden didn't think any of the members of the Chamber of Commerce would have time from their jobs to circulate a petition, because it takes a lot of time. Commissioner Cooper stated anyone can circulate a petition. They would not have to be members of the Chamber of Commerce. The City Attorney stated the Commission can pass an ordinance calling for a special election. The Chamber of Commerce, as a committee, can come to you and ask you to put it on a special election, or it can be done by petition with sufficient number of names. Commissioner Losik stated, "I hope you don't get the feeling this Commission is against this, if you want to have a survey, get it." Dr. Osborn again stated all he wanted is the City Commission sanction. Col. Duckers again asked Commissioner Losik, if the report does come back positive, would you vote in favor of a special election? Commissioner Losik said,"I've always said that whatever the people want, that's what I'm here for. Yes, I will." A motion was made by Commissioner Ashton, seconded by Commissioner Losik to sanction their survey and then consider a decision after we learn what the survey shows. Ayes: (4). Nays: (0). Commissioner Cooper abstained. Motion carried. PETITION NUMBER 3227 was filed by Interstate District North of 1-70, by Richard S. Worrel, Wilson and Company for the acceptance of the Preliminary Plat of Interstate District North of 1-70, an addition to the City. A motion was made by Commissioner Ashton, seconded by Commissioner Losik to refer the petition to the Salina City Planning Commission. Ayes: (5). Nays: (0). Motion carried. AO A CEREAL MALT BEVERAGE LICENSE Application was filed by Ruperta Diaz, d/b/a La Hacienda, 1035 East Pacific. (New) A motion was made by Commissioner Losik, seconded by Commissioner Ashton to approve the license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. THE CITY COMMISSIONERS reconsidered a letter from the Salina City Planning Commission recommending the denial of Petition Number 3219, filed by Dan Bolen for the rezoning of the East 50 feet of Lot 4, Surveyor's Plat 8, from District "D" (Local Business District) to Districe "EE" (Local Service District). (Tabled for one week at the request of the petitioner.) A LETTER was received from Dan Bolen requesting Petition Number 3219 be withdrawn because he is filing a new petition asking for zone "E". A motion was made by Commissioner Losik, seconded by Commissioner Weisgerber, to accept the letter withdrawing Petition Number 3219. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3228 was filed by Dan Bolen for the rezoning of the East 50 feet of Lot 4, Surveyor's Plat 8, from District "D" (Local Business District) to District "E" (General Business District). A motion was made by Commissioner Weisgerber, seconded by Commissioner Ashton to refer the petition to the Salina City Planning Commission. Ayes: (5) Nays: (0). Motion carried. A REQUEST was received from Eloise French for the approval of 10 taxicab licenses for Yellow Taxi Company. Commissioner Losik said, according to the Code, it states the City Commission shall set the number of taxi cabs. Has this been done? Do we have a fixed figure? The City Manager stated Radio Taxi was granted 16 licenses, and Yellow Taxi was granted 10 by previous commissions. Commissioner Losik then asked, "It is not a set number and we can allow another taxi company if we want to?" He was told yes. A motion was made by Commissioner Losik, seconded by Commissioner Weisgerber that since another taxi cab company could operate, that we approve the 10 licenses for Mrs. French. Ayes: (5). Nays: (0). Motion carried. statement: MRS. SHIRLEY JACQUES, President of the League of Women Voters, read a prepared "Mr. Mayor and members.of the Commission: "I am Mrs. R. L. Jacques, president of the Salina League of Women Voters. I think you are all familiar with the League and the interest it takes in the community. "In 1968 our local program was 'A study and evaluation of Salina's needs in the field of community improvement, with emphasis on Salina's park system and recreation facilities.' One of the things members learned in this study was the importance of preserving 'green space' wherever possible. Because of this, and the increasing concern over environmental matters, we hope you will reconsider the decision regarding the community theatre site. "We realize there are many problems you, as commissioners, have to consider on such a project. However we urge you to take the 'far sighted' view of this and not to be too closely tied to what appears to be economy at the present time. There is much community interest in cleaning up the river and developing the river banks. This is an opportunity to be instrumental in what could be the first step in transforming the Smoky Hill area. "Thank you." .1 1 Commissioner Cooper thanked Mrs. Jacques for her views. She said she agrees with the green areas. Commissioner Cooper read a prepared statement: "The original agreement .. and I believe intent .. called for the Community Theatre Organization to build with private funds on land .. owned by the City .. a theatre building. The Community Theatre did not choose to build on land .. owned by the City .. but instead worked out an agreement whereby Mr. Vanier purchased a site that was mutually acceptable to both parties. "I don't believe there is any disagreement on the part of this Commission in wanting to cooperate .. within limits available, to this program. The Commission has said .. city man power will be used .. where possible in site clearance ... Commissioner Losik has a pledge from a private party to assist in site demolition .. the Commission has also stated their willingness for landscaping and paving of the area. "The methods the City chooses to support this program is fairly open .. be it green area, walkways, paving, etc. It's not a question of what we will do .. but rather how much we can do. A MOTION was made by Commissioner Ashton, seconded by Commissioner Losik that the! Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion! carried. D. L. Harrison, City Clerk "The paving proposal or Plan "A" for $23,000 followed the assurance from staff of adequate parking at the present location. If the theatre group does not want this paving they should let us know. Plan "A" allows 8700 Square feet of green area. The alternate plan provided 9500 square feet .. or a difference of only 1600 square feet of green area and more than twice the cost. The river bank adjacent to the Community Theatre property will receive the same attention as the rest of the river in the City when we get a proper program. "This is a community project, people who have and will contribute financially to the building ... want to know the cost. Parties who have and will contribute toward site preparation .. want to know the cost. The City also must know. Whether the planning is far-sighted, short-sighted, or hind -sighted ... isn't the sole determination. We don't know what all we can or should do unless we know what is expected. .. And ... how much will it cost is not a question you ask last." There was considerable discussion by Commissioner Ashton concerning the green area and parking facility around the Salina Community Theatre. He felt that the City should go ahead and spend $8,000 of the $23,000, which was approved, to buy the lots across the street east from the site. Commissioner Ashton made a motion to this effect, but the Mayor and the City Attorney stated this was not on the agenda and probably should not be discussed. Commissioner Losik, with permission of the other Commissioners brought up an item stating we need to establish projects and priorities and how to finance them. He mentioned the water study, river flow project, desilting basin, firefighting apparatus and the landfill. No matter how these items are funded, the tax payer will have to pay for them. Commissioner Ashton felt that this Community Theatre thing was a top priority I because the option to buy those other lots was for only 2 - 3 weeks more. I i Mr. Woods asked Commissioner Cooper if she had done anything about the question concerning a Mr. Garcia which he discussed with her at Marymount College? i Commissioner Cooper said she had talked with Mr. Harris and turned it over to him. Mr. Harris stated it had been turned over to the Inspection Department, but the owner was out of town and they are still working on it. They would be glad to talk to them j if they would come into the office and see about it. A MOTION was made by Commissioner Ashton, seconded by Commissioner Losik that the! Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion! carried. D. L. Harrison, City Clerk