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04-16-1973 Minutes Organizational8 City of Salina, Kansas Regular Meeting of the Board of Commissioners April 16, 1973 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, April 16, 1973, 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 Jack Weisgerber, Chairman presiding Commissioner Leon L. Ashton Commissioner Robert C. Caldwell Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. 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 April 9, 1973, were approved as mailed. THE MAYOR PROCLAIMED the Week of April 22 through 28, 1973 - "CLEAN-UP WEEK". The proclamation was read by Rhonda Glasgow, Vice-president of the Sasnak 4-H Club. THE MAYOR PROCLAIMED the Week of April 15 through 22, 1973 - "NATIONAL PLUMBING INDUSTRY WEEK". The proclamation was read by Bob Kastner, President of the Salina Plumbing and Heating Contractors' Association. STAFF AGENDA THE CITY COMMISSIONERS CONSIDERED A LETTER FROM THE CITIZENS' ADVISORY COMMITTEE regarding Petition Number 3303 which was filed by Harriet Johnson and Others for the repeal of the Minimum Housing Ordinance or for it to be put to a vote of the electors. Mr. Jerry Simpson, Chairman of the Citizens' Advisory Committee reported, "As you are aware, three public meetings have been held since the March 26, 1973 Commission meeting concerning Salina's Minimum Housing Code. The purposes of those meetings were to give the general public the opportunity to become fully informed on the code, to have their questions answered and submit suggestions for improvement or clarification of the code. As Chairman I regret to report that the meetings were poorly attended. We had one here in the City - County Building, one was hall at Oakdale School, and one at Hageman School. "The Citizens' Advisory Committee Steering Committee has spent a considerable amount of time, along with members of the staff, on those meetings and in reviewing the code. We are all in agreement that the code can be improved, made more workable and probably more acceptable to the general public by a few modifications. The Steering Committee is in the process of drafting those proposed revisions. They will be submitted to the Citizens' Advisory Committee as a whole for their consideration, and subsequently for recommendations to the City Commission. "Due to the fact that we were without a quorum of the Citizens' Advisory Committee at our meeting April 12, 1973, the following recommendation is presented as a recommendation of the nine member Steering Committee. It was unanimously passed by the Steering Committee, and concurred with by those seventeen members present at the April 12, 1973 meeting of the Citizens' Advisory Committee. After review of this and study there is substantial question as whether or not this ordinance is a legislative ordinance and thereby subject to referendum. Therefore, it is the recommendation of the Steering Committee of the Citizens' Advisory Committee that no action on the petition calling for the repeal of the Minimum Housing Code be taken at this time." Mr. Bob Marietta, attorney, representing the petitioners, stated the City Commission must act on the petition. "It has been certified as adequate, and now the Commission must order the election." He cited the case of Louis VS the City of South Hutchinson (162 - K) opinion of the Kansas Supreme Court which tells how you determine if something is administrative or legislative. He also cited an Oregon case (140 Oregon 70). Mr. Marietta asked to have a copy of the brief prepared by the City Attorney, Mr. Bengtson, for the City Commissioners. Mr. Bengtson stated the brief had been prepared for the City Commissioners for their information and guidance. He added if this matter gets involved in litigation, it is the City's position on the issue. A lengthy discussion followed about the brief, and whether it should or should not be made available to the petitioner's attorney. Mr. Harold Rice, 706 Willis, stated the petitioners knew what was in the Minimum Housing Code when the petition was filed. "We knew it was valid. We thought that was the next step. Why should we waste time attending a meeting where the conclusion they are going to draw is foredrawn before the meeting was ever held?" Mayor Weisgerber explained the Citizens' Advisory Committee was trying very hard to find out what parts of this bill were not acceptable to the people and it wanted this feedback so they could know what changes might be made. Mr. Rice replied, "You had a housing code before this thing was passed. You had inspectors and so forth. We didn't need this thing, and the reason was not to protect the people. That wasn't the reason for the Minimum Housing Code at all, it was to get some more Urban Renewal into the City of Salina. That was the reason for passing the Minimum Housing Code so rapidly." Mayor Weisgerber said, "You are against the Minimum Housing Code basically because it allowed Urban Renewal funds to come into Salina, is this what you are saying?" Mr. Rice replied, "That is what I am saying Sir, Yes, Sir." Mr. Marietta again stated, "A valid petition has been certified. Your only decision is to put this on the ballot if it is legislative or to repeal the ordinance. Those are the two choices you have." Mrs. Harriet Johnson stated, "We carried the petition for nearly a year and never had the least hint we were not carrying a legal petition that could have a referendum. Never once until after all the long time, two weeks waiting for the City to receive it, two weeks_ for it to be determined that the names were in order in Mr. Armstrong's office, and then we had nearly 200 more than was needed; and then the City received it, it was valid, and then we hear it might not be a valid petition. After all this long time. Why didn't they find that sooner?" Mayor Weisgerber replied, "Mrs. Johnson, there are certain acts that must fall in order. You don't find the petition invalid when you don't have a petition, and during the time you were gathering signatures, this group had no way of knowing whether you would get sufficient signatures or whether you wouldn't. There is no action that would normally be taken at this time, until it gets further along." Mrs. Johnson said, "A statement could have been made in many ways that it wasn't." Mr. Marietta again asked that the City Attorney's brief be made public. The City Attorney said, "I would just like to say a couple of words about this brief. I furnished you gentlemen with a brief with what I think the law is. Mr. Marietta has furnished you with his oral opinion here and that is just what they are. Mr. Marietta's opinion after reading the law and my opinion after reading the law. Mr. Marietta cannot cite you a court case which says that a Minimum Housing Code is legislative, just as I told you in my brief that I could not cite you a court case that says a Minimum Housing Code is an administrative ordinance. It is a matter of opinion. I think I told you in this brief that it is a judgement, and until this matter is decided by the court we have no legal precedence to follow. Now, I have discussed this brief with Mr. John Martin in the Attorney General's Office on two or three different occasions and I have furnished him with a copy of this brief that I have written, and Mr. Martin, in his mind, says that he agrees possibly that it could be either way. He said,11 would not say that it is an administrative ordinance nor would I say that it is a legislative ordinance.' He said, 11 think you are going to have to have a court test to determine this.' He said, 'If I were to write you an opinion I,could write you a much better opinion stating that this is an administrative ordinance than a legislative ordinance.' I have read the case Mr. Marietta cites. I certainly have. I am sure we all have. All this case states is that a legislative ordinance is one that determines policy. An administrative ordinance is one that carries out this policy and as I have indicated in my brief here, the policy that was made by the City Commission was when they determined, by Resolution, that blighted and deteriorated areas appeared in this town and that it is necessary for us to undertake the Urban Renewal policy to carry out and eliminate this condition. As in the Wichita case, which I cited in my brief, in which a )50 similar situation as this was before the Wichita City Commission. The only difference being that was a matter of flood control. The City Commission of Wichita determined as a matter of policy to carry out a flood control project. Then by various means, they passed ordinances to carry out that policy. The citizens down there carried a petition to repeal one of those ordinances. The Supreme Court held that that was merely administrative. The policy was determined when they decided to enter into a flood control project; and gentlemen, this is when you made your policy. The Congress of the United States has determined that every person in the United States is entitled to fair, decent and sanitary housing. The legislature of the State of Kansas has made a similar determination and you gentlemen did too, when you entered into an Urban Renewal project. Now adopting a Minimum Housing Code merely is an administrative matter carrying out the policy you adopted which is, that everybody is entitled to safe, sanitary and decent housing,and this is the conclusion that I have based my brief on that the Minimum Housing Code is administrative, rather than legislative." Mrs. Lottie Rice, 706 Willis, asked, "Do we get to vote or don't we get to vote? Why not just settle it? It is that simple. Why go to court, we could do it, but why? You are afraid for a vote evidentally." Mrs. Harriet Johnson recalled there were other petitions being circulated at the same time hers was, "There was all kinds of things floating around, as far as the ones in the store, they all had the petition (meaning the ordinance) ready for them to read any point they wanted to find. They did mention about the heat and about the room temperature, but any one knows if you have 700 in all parts of your house, that one of the rooms would be, you know, too warm, but it said a furnace that could maintain a 700 in the house, now that is the way it is worded, poorly worded. It shouldn't be there and all the time we know that there is going to be a shortage of gas and we will be very glad if we have enougl, to heat our living room." Mayor Weisgerber asked Mrs, Johnson, "Do you know of anyone in Salina who has owned their own home, who has had an inspector come out and issue them a complaint and require them to fix or repair anything?" Mrs. Johnson replied, "But why is it supposed to be the law, in the code?" Mr. Marietta said, "Are you saying, Mr. Mayor that you have an ordinance you are not enforcing? If you have an ordinance you are not enforcing, then let's get it off the books." Mayor Weisgerber replied, "It isn't a legislative ordinance - it is an administrative ordinance then, isn't it?" Mr. Marietta replied, "Well if it is administrative and you are not enforcing it, then get it off the books. I don't think you can gloss this over by saying we don't enforce it." Mr. Solomon Oliver said, "Everybody else is expressing an opinion, so I hope you will go along with me while I express one or two. I worked a long time with this thing right from the very beginning on it. A lot of, us put in a lot of hours on this thing. We didn't arrive at our conclusions just over night. This thing was put in from a lot of study and I will say at this time that I really feel that it would be very tragic, very tragic indeed, that there are so many people who object to the Minimum Housing Code, but they are so afraid to come to a public meeting and get up and voice their opinions as to why they object to it. I don't pretend to get into a hassle with the legal minds, because they know all of the references and I don't, but I want to say this. Personally I have had to live in some conditions that were less than minimum housing. Maybe some of you haven't. In fact, from your reactions I assume most of you haven't, but if you ever have to live in those conditions you wouldn't question for a minute why Salina needs a Minimum Housing Code, and when you go to the polls, as I am sure the City Commission is going to give you the right to do, when you go to the polls I think you would be down right foolish to vote out a Minimum Housing Code because there are one or two provisions in there that you don't like. I see one gentleman smiling because he told me he doesn't like the whole code. Well, this is alright - this is his opinion and he is entitled to it, but after you vote it out, I wish we would bear in mind it will be ten years before you can get another, and you will deserve what you get after you vote out the Minimum Housing Code. You will deserve exactly what you will get." Commissioner Cooper said, "I want the City to have a Minimum Housing Code; and with changes and revisions it can be just that, a minimum code. At this point however, I believe that is secondary. The primary consideration is the petition. The Constitution of the United States guarantees people the right to petition the government for redress. This surely outweighs whether it is administrative or legislative, whether we agree or disagree, and all our good intentions - these are only words that have no value if we ignor this basic right, and our actions will be more lasting than anything we have to say and I think we have to put this issue on the ballot and ask the people to support it, and in good faith then make our changes and revisions to this Minimum Housing Code so we have the document that the people are willing to live with. That is all I have to say about it." Mr. Marietta rose to a point of order, "I think your motion is going to have to be directed to whether or not you are going to put this petition on the ballot or not. Nor all this recommendation of the Citizens' Advisory Committee. The motion is going to have to be, in my opinion, either you do accept the petition and put it on the ballot or you don't accept it and you are not going to put it on the ballot." Commissioner Ashton replied, "Well if you put it in those terms, I'd deny the petition and refer it back to the Citizens' Advisory Committee." Commissioner Caldwell commented, "I have listened to Mr. Marietta and our .attorney and I think two or three weeks ago it came from this Commission that we did need a Minimum Housing Code, and we needed more clarification by having public meetings so the Commission could be more mindful of what was going on. We gave this option to the Citizens' Advisory Committee which they did hold meetings. They held three, which we have heard about. The response was very poor. Why, I don't know, but it seems as though if the petitioners had had a concern about it, they would have been there to voice their opinion on what they were for and what they were against. I realize that a valid petition does call for a vote, but I think the Commission at that time recommended to the Citizens' Advisory Committee that they hold public meetings. I think this came through the League of Women Voters also, they were not well attended. I can't say. I wasn't there myself, I had other committments; but we go on the recommendations of the Citizens' Advisory Committee to the City Commission and in seconding this motion, which I am going to do, I realize that we have minds here that are far beyond the City Commission, if we ask people to serve on the Citizens' Advisory Committee we are hopeful that they will advise the Commission on what they should do, and be hopeful that they are voicing the opinion of most of the citizens of Salina. Now, we have a petition of over 2,000 signatures, which to me is enough to put this petition through, but that doesn't say it represents the ten or twelve thousand voters that we do have in Salina that have not signed this, so I do want to second the motion that we do go along with the recommendation of the Citizens' Advisory Committee on the Minimum Housing Code." Commissioner Losik commented, "I don't think what I have to say is too repetitious, Commissioner Ashton said, "On the street today, KSAL had comments from people on the street, and they were talking with the different ones about the Minimum Housing Code, and about three or four of them said they put faith in the people they have elected to the office to serve as City Commissioners, and it is a decision that would have to be made by these commissioners at the time it would come up. I am well aware of this petition and I feel that the silent majority still has a voice here, and we have heard from all the protestors in behalf of doing away with this, but have you ever stopped to think what our City is going to be like without it? I feel, as a Commissioner, that I owe this City to give it the best government that we can give it. If we do not have a housing authority and this Minimum Housing Code here, we are depriving a lot of citizens a better standard of living and I feel if Salina is going to be a number one city and continue to progress we are going to have to frown on some of these petitions that are brought before us because if we are doing our job as Commissioners, in the best interest of the City, we must take the course that is the best for all the community, and not single out any particular group; so, Mr. Mayor, I would like to move at this point that we accept the Citizen's Advisory Committee recommendation with the motion that we continue to work on these areas that they have found faults in, and add amendments to it so that we can come up with a code that is acceptable, and is something that is workable without the feedback that we are doing every- thing wrong, because I know there are things in there that will benefit us all and many codes that we have, you can pick out the knitty gritty and see faults in it; but look at the overall picture - what is it doing for our community, and I think you will find that they are worthwhile." Mr. Marietta rose to a point of order, "I think your motion is going to have to be directed to whether or not you are going to put this petition on the ballot or not. Nor all this recommendation of the Citizens' Advisory Committee. The motion is going to have to be, in my opinion, either you do accept the petition and put it on the ballot or you don't accept it and you are not going to put it on the ballot." Commissioner Ashton replied, "Well if you put it in those terms, I'd deny the petition and refer it back to the Citizens' Advisory Committee." Commissioner Caldwell commented, "I have listened to Mr. Marietta and our .attorney and I think two or three weeks ago it came from this Commission that we did need a Minimum Housing Code, and we needed more clarification by having public meetings so the Commission could be more mindful of what was going on. We gave this option to the Citizens' Advisory Committee which they did hold meetings. They held three, which we have heard about. The response was very poor. Why, I don't know, but it seems as though if the petitioners had had a concern about it, they would have been there to voice their opinion on what they were for and what they were against. I realize that a valid petition does call for a vote, but I think the Commission at that time recommended to the Citizens' Advisory Committee that they hold public meetings. I think this came through the League of Women Voters also, they were not well attended. I can't say. I wasn't there myself, I had other committments; but we go on the recommendations of the Citizens' Advisory Committee to the City Commission and in seconding this motion, which I am going to do, I realize that we have minds here that are far beyond the City Commission, if we ask people to serve on the Citizens' Advisory Committee we are hopeful that they will advise the Commission on what they should do, and be hopeful that they are voicing the opinion of most of the citizens of Salina. Now, we have a petition of over 2,000 signatures, which to me is enough to put this petition through, but that doesn't say it represents the ten or twelve thousand voters that we do have in Salina that have not signed this, so I do want to second the motion that we do go along with the recommendation of the Citizens' Advisory Committee on the Minimum Housing Code." Commissioner Losik commented, "I don't think what I have to say is too repetitious, Mr. Marietta rose to another point of order. "It was moved to accept the report of the Citizens' Advisory Committee. I submit that the Committee made no report because it had no quorum to make a report. You have a report of a group or a part of that Citizens' Advisory Committee, only without authorization of its members." there are questions that are going through my mind, and I will try to sift this down, and I am on record as saying that I am for a Minimum Housing Code and I will repeat that. The comments for example that were brought out regarding the man on the street as to some of them saying they elected us to represent them, and I'll agree to that, but this is one question that comes to my mind. In addition to us being elected to represent the, they • stated that it was up to us to make the decisions. We made that decision on the Minimum Housing Code, as a Commission. Obviously 2,000 people didn't agree with that decision, so this is the purpose of this petition coming in. Now it also brings to mind, that with all the publicity that has been out on this Minimum Housing Code, and the petition as such, and the period of time that this petition could have been made invalid by removal of signatures, there were not sufficient signatures removed to make this petition invalid. I wonder why. There are many people in this community, as Bob brought out, and he is right, but according to the law, the number required to present a valid petition signed it. They did not remove their names. They agreed that we, as elected officials, should make their decisions for them, but they also turned right around and didn't agree with the decision we made, so when it comes to a vote, these things will weigh very heavily on my mind, as to how I will vote." Mr. Marietta rose to another point of order. "It was moved to accept the report of the Citizens' Advisory Committee. I submit that the Committee made no report because it had no quorum to make a report. You have a report of a group or a part of that Citizens' Advisory Committee, only without authorization of its members." Commissioner Ashton amended his motion to be the Steering Committee plus 17 other voters there at that particular meeting. "There wasn't enough for a quorum, but it was a cross section of our community." Mayor Weisgerber called for a vote on the motion. Ayes: Ashton, Caldwell (2). Nays: Cooper, Losik (2). Mayor Weisgerber voted Aye. Motion carried. THE CITY ENGINEER filed a report for the Water and Sewer lines on North Fifth Street, from Euclid to Stimmel Road. (Requested by Petition Number 3302 and protested by Petition Number 3316) (Referred back to the City Engineer March 19, 1973) The City Engineer said the original report, not in the form of a feasibility report, there was a cost figure of approximately $30 a front foot. These were valid figures. The problem being in that area where the owners signed the petition with the opposite side of the street being outside the city limits, and the assessment at that point would have to go totally against one side of the street. That was where there was some protest and the Commission asked that we take a look at it to see if there is alternate ways of doing the project whereby the cost to the property owners may be lowered. The estimated cost breakdown for assessment purposes, of $16.205 a front foot is based on the assumption that a strip of land 200 feet East and West running from the Flood Control Dike north to Stimmel Road would be annexed into the City with this land being assessed 50% of the project cost. This then is equivalent to the assessment procedures for any other property throughout the City. A third method of furnishing water service to this area would be to initiate a part of our proposed Capital Improvement Program by installing a 12 inch minimum water supply line along North Fifth Street to supply a 500,000 gallon elevated storage tank in the vicinity of North Ninth Street and Interstate 70 intersection. The, property adjacent to this water line could then pay an assessment at the time they actually make connection to the water line for service. The total project cost for this line plus the tower would be approximately $312,000.00. Mr. Barnhill, Mr. Whitaker, Mr. Hill, and Mr. Rowan were present concerning this improvement. Commissioner Cooper commented, "Of all the options you presented to the Commission I prefer, personally, the Capital Improvements procedure for the simple reason that the Commission and Engineering, and everybody has known for ever so long that the north area has very poor water pressure, and in some cases distribution, so it seems to me it would be a good idea to proceed on the basis of a capital improvement program." The Commissioners and Mr. Boyer discussed the location of the standpipe and how the water lines might be looped. A motion was made by Commissioner Ashton, seconded by Commissioner Cooper to refer this back to the City Engineer to be studied for a Capital Improvement, and to establish the facts and figures on the cost of the tower and every part of it, so the Commission can consider it. Ayes: (5). Nays: (0). Motion carried. THE CITY COMMISSIONERS RECONSIDERED Petition Numbers 3293 and 3301 regarding the paving of the 300 Block of South Third Street from Mulberry to the River. (Tabled March 12, 1973) The City Engineer reported that the receipt of a statement from A. A. Bailey that he is in favor of the improvement makes the petition for the improvement sufficient, and the protest petition insufficient. A motion was made by Commissioner Cooper, seconded by Commissioner Losik to approve Petition Number 3293 for the paving of the 300 Block of South Third Street. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Losik, seconded by Commissioner Ashton to set the date of April 30, 1973, as the date to receive bids for: A. Pickup truck - trade in a 1955 pickup for Flood Control. B. Four Door Sedan - trade in a 1965 station wagon for Engineering. C. Tractor - no trade in for Sewerage. D. One -ton Truck - trade in a 1955 12 ton truck for Sewerage. E. Two - twenty cubic yard Refuse Bodies - trade in two 1967 trucks with Refuse bodies for Sanitation. F. Two Station wagons and three four door sedans - trade in two station wagons and three four door sedans for the Police Department. Ayes: (5). Nays: (0). Motion carried. A RESOLUTION was introduced and passed entitled: "WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to the City of Salina, State of Kansas, an agreement extending to and including May 16, 1983, the term of contract dated June 24, 1963 covering encroachment of a 12 inch water pipe line on the McPherson Branch right-of-way at Salina, Kansas, said agreement being identified as Railroad Company's C.D. No. 47349-B." (For a 12 inch water pipe fine along the main track between Prescott Street and Belmont Boulevard, crossing at Cloud Street for three 12 inch valves and connecting to the present city water main at Belmont Boulevard) A motion was made by Commissioner Ashton, seconded by Commissioner Losik to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Caldwell, Cooper, Losik, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3141. A RESOLUTION was introduced and passed entitled: "WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to the City of Salina, State of Kansas, an agreement extending to and including April 22, 1983, the term of contract dated June 10, 1968, covering the construction, maintenance and operation of (a) an 8 -inch water pipe line on the right-of-way of the Railroad Company's McPherson Branch, near Salina, Kansas; and (b) a 6 -inch sewer pipe line on the right-of-way and under the track of the Railroad Company's McPherson Branch near Salina, Kansas; said agreement being identified as Union Pacific Railroad Company's C.D. No. 42989-2-A." (For water and sewer line crossings under the Union Pacific tracks in Section 1--15-3 to the South Industrial area.) A motion was made by Commissioner Ashton, seconded by Commissioner Losik to adopt the Resolution as read and the following vote was had: Ayes: Ashton, Caldwell, Cooper, Losik, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3142. None COMMISSION AGENDA PUBLIC AGENDA PETITION NUMBER 3319 was filed by John A. McMurtrie for the asphalt pavement, concrete curb and gutter on Landmark Lane from the east line of Ohio Street to the South line of Block 4, Lakewood Addition. A motion was made by Commissioner Cooper, seconded by Commissioner Ashton to refer the petition to the City Engineer for a report. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3320 was filed by Gerald Knowles for the annexation of a tract of land in the SW4 of 19-14-2 containing 2.44 acres. (East of Ohio Street and South of Nazarene Addition.) A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to refer the petition to the Metropolitan Planning Commission for a recommendation. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3321 was filed by Gerald Knowles for the rezoning of a tract of land in the SW4 of 19-14-2, requested for annexation plus an additional 150 feet to the west which is presently within the city limits, containing 3.58 acres, to District "DD" (Office District). A motion was made by Commissioner Losik, seconded by Commissioner Ashton to refer the petition to the Metropolitan Planning Commission for a recommendation. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3322 was filed by Richard A. Payne for the construction of a drainage system near the Bonnie Ridge Addition, Salina, Kansas, for the purpose of eliminating flood conditions. Revenue Sharing Funds are available for community projects such as this. We recommend securing Revenue Sharing money for this project. Commissioner Cooper suggested it could be referred to Engineering to find out the cost and then add it to the Revenue Sharing list. Mayor Weisgerber commented that before Mr. Callon left, there had been some conversations between Mr. Boyer and him regarding a possible cooperative effort in this particular area since a lot of the ditch would actually lie within the County; and possibly this could be referred to the City Engineer with the suggestion that he talk with the County Commissioners to see if we can get together and select the best course of action. Mr. Boyer commented, "The County Commissioners received this same petition." A motion was made by Commissioner Ashton, seconded by Commissioner Losik to refer this petition to Engineering to involve the County Commissioners in solving this particular problem, and to report back at a later date. Ayes: (5). Nays: (0). Motion carried. MAYOR WEISGERBER commented, "This Commission is going to lose a good and capable and honest and concerned Commissioner. You are right down to your last official act, Leon, what would you like to say before you depart?" COMMISSIONER ASHTON said, "I have certainly enjoyed working for the people of Salina. I have made a lot of new acquaintances that I will cherish all the rest of my live. I am sure I can see more sides than just the one you hear on the street sometimes through conversation. I want to thank the staff and the other Commissioners that worked with me and we moved forward and together on some of these projects. I have a soft spot in my heart for some of these people I have been working with. I am going to miss seeing all these faces here, but I hope to be on the other side of the seating arrangement here to maybe help and maybe make some of the decisions for Salina." THE NEWLY ELECTED COMMISSIONERS, Robert C. Caldwell, W. M. Usher, and Jack Weisgerber, were present, and having filed the required bonds, the Oath of Office was administered to them by the City Clerk, D. L. Harrison, and they assumed their offices as City Commissioners. ORGANIZATION MEETING The Board of Commissioners convened for the purpose of organizing. D. L. Harrison, City Clerk, presiding. There were present: Commissioner Robert C. Caldwell Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. Commissioner W. M. Usher 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 Nominations for Mayor: Commissioner Cooper nominated Commissioner Losik for Mayor and Chairman of the Board of Commissioners. Commissioner Caldwell nominated Commissioner Weisgerber for Mayor and Chairman of the Board of Commissioners. There were no other nominations. The presiding officer declared the nominations closed. The presiding officer called for a vote for Commissioner Losik as Mayor: Ayes: Cooper (1). The presiding officer called for a vote for Commissioner Weisgerber as Mayor: Ayes: Caldwell, Usher (2). Commissioner Weisgerber was declared elected Mayor and Chairman of the Board of Commissioners. Nominations for Acting Mayor: Commissioner Losik nominated Commissioner Cooper for Acting Mayor and Vice -Chairman of the Board of Commissioners. Commissioner Weisgerber nominated Commissioner Usher for Acting Mayor and Vice - Chairman of the Board of Commissioners. There were no other nominations. The presiding officer declared the nominations closed. The presiding officer called for a vote for Commissioner Cooper for Acting Mayor and Vice-chairman of the Board of Commissioners. Ayes: Losik (1). The presiding officer called for a vote for Commissioner Usher for Acting Mayor and Vice-chairman of the Board of Commissioners. Ayes: Caldwell, Weisgerber (2). Commissioner Usher was declared elected Acting Mayor and Vice-chairman of the Board of Commissioners. The City Clerk turned the gavel over to Mayor Weisgerber. A MOTION was made by Commissioner Caldwell, seconded by Commissioner Usher that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. Gi���^- D. L. Harrison, City Clerk 1 1 Mayor Weisgerber said, "As a new Commission, there are a great many things of rather major importance that will need to be brought up before the Commission in a fairly short time, and I do hope that we can work together and find solutions to these problems to benefit all the City of Salina. I am sure all of us will do what is expected of us." A MOTION was made by Commissioner Caldwell, seconded by Commissioner Usher that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. Gi���^- D. L. Harrison, City Clerk 1 1