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08-20-1973 Minutes:d11_V City of Salina, Kansas Regular Meeting of the August 20, 1973 Board of Commissioners The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, August 20, 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 Robert C. Caldwell Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. Commissioner W. M. Usher comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager M. E. Abbott, Acting City Clerk Absent: D. L. Harrison, City Clerk The Minutes of the Regular Meeting of August 13, 1973, were approved as mailed. THE MAYOR PROCLAIMED the week of August 19 through 25, 1973 - "OPTIMIST YOUTH WEEK". The proclamation was read by Mr. Don Rectenwald, President of the Salina Optimist Club. STAFF AGENDA BIDS WERE RECEIVED for a 12 inch water main on Wayne Avenue from Fourth Street to C`uincy Street. (Engineering Project 73-,556) Smoky Hill, Inc. $8,208.00 Stevens Contractors, Inc. 9,068.00 Earth Excavation, Inc. 9,376.50 J. S. Frank Construction Company, Inc. 9,440.00 Engineer's Estimate 9,343.00 A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to award the contract to Smoky Hill, Inc., as the low bidder, in the amount of $8,208.00, providing it meets the specifications of the City Engineer. Ayes: (5). Nays: (0). Motion carried. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances, located on certain lots and parts of lots in the City of Salina." A motion was made by Commissioner Usher, seconded by Commissioner Losik to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8297. The ordinance was introduced for first reading August 13, 1973. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing and ordering certain concrete paving, curb, gutter, sidewalk and landscaping improvements, ordering preparation of plans and specifications, and the estimate of costs." (Community Theatre Improvements). A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to adopt the Resolution as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3156. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the vacation of a portion of Woodland Avenue within the City of Salina, Kansas." (Requested in Petition Number 3335, filed by Morrison Grain Company) A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8298. The ordinance was introduced for first reading August 13, 1973. 1 1 AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the vacation of a portion of Thirteenth Street within the City of Salina, Kansas." (Requested in Petition Number 3335, filed by Morrison Grain Company) A motion was made by Commissioner Cooper, seconded by Commissioner Usher to adopt the ordinance as read and the following vote was had: Ayes: Caldwell, Cooper, Losik, Usher, Weisgerber (5). Nays: (0). The Mayor approved the ordinance and it is numbered 8299. The ordinance was introduced for first reading August 13, 1973. THE CITY ENGINEER presented a report for restricting parking on the north side of Republic Avenue from Highland Avenue to 130 feet East; and for stop sign installation at Tenth Street and Franklin Avenue. "As part of the school crossing protection policy, this office would recommend a parking restriction (8:00 A.M. to 4:00 P.M. SCHOOL DAYS) on the north side of Republic Avenue from Highland Avenue to 130 feet East. Parking in this area creates congestion and limits the site (sic) distance for drivers and for children crossing the street at the Highland Avenue and Republic Avenue intersection. Republic Avenue between Santa Fe Avenue and Highland Avenue is only 26 feet side and has an existing parking restriction on the south side of the street through the entire block. "We conducted a house to house survey of the six residents on this block. It was found that all six houses have driveways for off-street parking. However, most of the residents have more than one vehicle and stated that a parking restriction on the north side for the entire block would impose a great inconvenience and parking problem to them. The residents adjacent to the 130 feet parking restriction that is in the request, voiced no objection to the restriction. "We would recommend the installation of stop signs on Tenth Street at Franklin Avenue as part of the school crossing protection policy. This location is at the southwest corner of the Franklin School grounds. The children would have the protection of the above stop signs while crossing Tenth Street and the protection of standard school signs with flashing warning lights while crossing Franklin Avenue." Bob Moss, 114 West Republic, was present and stated the residents agree with the Engineering recommendation. After a short discussion, a motion was made by Commissioner Cooper, seconded by Commissioner Usher to accept the Engineer's recommendation to restrict the parking on the north side of Republic Avenue from Highland Avenue to 130 feet East, and for stop sign installation at Tenth Street and Franklin Avenue, and to introduce and pass a resolution entitled: "A RESOLUTION authorizing the installation and marking of the north side of Republic Avenue from Highland Avenue to 130 feet East to restrict parking," and the following vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3157. Mayor Weisgerber said the City Attorney brought to their attention there would be no meeting September 3, 1973, and due to the time involved to call a special election, there is need to introduce the ordinance for first reading to call the special election for the Salina Memorial Center, today. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to place this item on the agenda for consideration. Ayes: (5). Nays: (0). Motion carried. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to introduce an ordinance for first reading entitled: "AN ORDINANCE authorizing and directing the officers of the City of Salina, Kansas, to call a special election in said City for the purpose of submitting to the qualified electors of said City the proposition to authorize the issuance of General Obligation Bonds of the City of Salina, Kansas, under the provisions of K.S.A. 12-1736 et seq. in the amount of $4,800,000 for the purpose of acquiring and constructing the Salina Memorial Center to consist of the old courthouse site and adjacent properties upon which will be constructed and equipped an arena type recreational building, repairing, remodeling, furnishing and equipping the existing Memorial Hall building and constructing a pedestrian tunnel to connect the recreational arena to the Memorial Hall Building." Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: COMMISSION AGENDA "DISCUSSION OF THE CITY OF SALINA'S FIRE PROTECTION." (sponsored by Commissioner Losik) Commissioner Losik said, "This is not really something new, but it is something we have to get going on. I don't think there is any doubt that we are going to have to provide fire protection for the fast developing Southeast area and also to improve on the area North Q because we are having some additional activity out in that area. Some of our business — people are expanding and building, and I would therefore ask that we undertake a feasibility study to determine first, where to build a sub -station in the Southeast part of town, and where to build or lease a building for a sub -station North of the tracks. The second item would be a survey of our present fire apparatus and to consider adding at least two pumpers or water towers to our present fleet. The third item would be to determine the number of additional fire fighters that would be required to man these two sub -stations. The fourth would be to determine the cost estimate for each of the items stated. The fifth would be to suggest a method of funding with the view that Revenue Sharing funds provide the bulk of this cost. The Sixth - I would like to see if we couldn't get this thing accomplished within the next 30 to 60 days. I know it won't be exactly, right to the dollar, but we will have pretty decent ball park figures, because any delay that we have as far as this particular project goes, is only going to increase the fire hazard, life and property and the costs aren't going to go down, we are eventually going to have to do this, so we might as well do this at the present prices." Commissioner Caldwell asked, "I would like to ask Commissioner Losik if he has discussed this with any of the staff before presenting it to the Commission?" Commissioner Losik responded, "No, I don't think I have, as a matter of fact I know I haven't, because first of all this is one of the items that has been talking of back and forth, ever since we ordered the two new additional units that we have on order." Commissioner Caldwell said, "I wasn't aware of this until I got my agenda today, which I should have had Friday but I wasn't here, but going back to our open meetings which we adopted in 1971, it reads, and I would like to quote here, 'Each commissioner shall have the privilege to request that items be placed on the Commission agenda. Such items shall be placed on the Commission Agenda in the order of "first come -first served" with the name of the individual Commissioner sponsoring the item or making such request, together with sufficient summary explanation of the item itself that the purpose of placing the item on the agenda will be clearly evident both to other members of the City Commission, to the City Manager and to the public. Commissioners shall use the agenda for purposes concerning general policy matters involving all members of the Commission. Commissioners shall refrain from using the agenda for purposes of enquiry that may be handled otherwise by each Commissioner individually, ....' That is my reason in asking if you had talked with anyone _ on the staff or the Commission before presenting this proposal. This is just a matter of ethics as far as our meetings are concerned." Commissioner Losik replied, "I think Bob, that what you are talking about, you are talking about ethics. I think this goes back real well. I think the Commissioner has the right to put anything on the agenda. This is not putting anybody on the spot, this is for a feasibility study. This has been done before, it is being done now, and it will be done in the future. Now, if you oppose this, so state; but the point is, don't deprive me of my elected right here to bring an item up here before this commission." Commissioner Caldwell replied, "I wouldn't deprive you of the privilege of doing that, but I was just going along with what we mentioned in our proposal for the open meeting. We are not denying your rights at all, but I would like ...." Commissioner Usher said, "We would just like to have you follow the rules, Mike." Commissioner Cooper interjected, "Of that resolution that we passed?" Commissioner Usher commented, "You were very complete to bring to my attention that I was not complying publicly, so I will have to agree with Commissioner Caldwell." Commissioner Losik said, "Well, gentlemen, it is there, you can do with it as you please, you can out vote me on this thing. You can discuss it intelligently as a problem that actually exists, or you can be petty about it and do just what you are doing. The choice is yours, you have the vote. Carry it out." Commissioner Caldwell said, "I wouldn't like to consider that as being petty. I would like to consider it a matter of bringing something of this concern, this is going to be a cost to the City. As I recall the minutes of August 6th meeting, where we had our budget hearing, Losik commented, "I've basically something along the same lines. Each year the City Commission holds a public hearing on the proposed budget, and each year a few concerned citizens attend to either approve or voice their objections, but the end result is always the same. The budget is not cut and we continue spending more than the previous year. This year we are pleased that there will be a reduction in taxes, but no credit is due this Commission or the staff for this reduction in taxes. This year we are budgeting almost a million dollars over last year's budget. It is hard for me to believe that this can all be charged to inflation. I have tried to convince my colleagues to reduce spending, but two years of trying have failed. It will be up to the people, up to the people of this community to demand a reduction in spending, if this is their desire. I therefore reluctantly approve this budget, knowing that real reduction in taxes, real reduction in taxes can only come from true reduction in spending." Commissioner Losik commented, "That is exactly what I said and that is exactly what I meant. If the people of this community don't want this project, they can so state. If they do, it is there for them." Commissioner Usher said, "They will have to pay for it." Commissioner Losik said, "That is right." Commissioner Usher said, "And that is through taxes." Commissioner Losik said, "I don't understand what all this is all about, but I am lost here. I brought up an item on the agenda and if you all don't want to take action ...." Commissioner Cooper said, "But I thought this was the proper way to proceed, going back to the resolution which this commission has never technically observed." Commissioner Usher said, "The entire Commission, except Mr. Losik, was at a disadvantage because we didn't know what he wanted to talk about, and certainly the staff had no idea what you wanted to talk about, so we are completely at a loss, but yet you were very explicit by disclosing it to the press, the news media." Commissioner Losik replied, "That is right." Commissioner Usher said, "I think you could have been more fair with us, and let us know ahead of time what we were going to discuss on these things." Commissioner Losik said, "Bill, weren't you asked by the North Businessmen's Association about, at one time, that there is a need for fire protection out there. I am sure you were. I was. The Southeast is quite obvious. I don't think this is a big surprise on anybody. These are items that have been here, and I don't see where the big hassel comes in. As I have said before, if you want to do something with it, fine, it is here for you to do it with; if you don't ..." Commissioner Usher said, "When I first came on this Commission, I made a tour of all the City Departments, including the Fire Department." Commissioner Cooper asked, "You did make a tour of all the city departments?" Commissioner Usher said, "I was assured at that time, some of the questions I asked, was asked about our fire protection and they assured me with the new equipment that is on order, that we had adequate protection for this community, and I think that is good enough for me, if the experts are telling me that. I think the staff has plenty of other things to do right now, and we have a lot of items that we need to take care of, and they are working on right now, they can't possibly do something like this." Commissioner Losik said, "As I said before, here it is. It takes a vote of this Commission to see whether it is done or not, whatever the decision is, we abide by it." Commissioner Cooper said, "Are you saying then, that as a Commissioner you don't feel there is any need for some additional facilities out in the North end of town?" Commissioner Usher replied, "I am confident that if we had some real needs, the Fire Department, our experts and our other staff, would have brought it to our attention. Now we have problems. We have a bigger problem in North Salina and that is the water which you know very well, in fact you brought it up, the pressure out there is such, that if we put a pumper on there, it wouldn't do it any good. First of all we have to get the water out there in sufficient amounts that we could fight a fire." Commissioner Cooper said, "Well the only thing I know is for the last couple of years there have been people coming in and out of the City Hall suggesting or proposing that the City do something about additional protection up in the North end of town. Some of it is due to the fact that the railroad and this sort of thing. I think any of us recognize in the South end of town that the community is moving that way. You have a new public high school out there, a new shopping area out there, and you have all the people and the dwellings that support these things out there; so again this would seem to me that maybe one of the reasonable locations for an additional sub -station would be in that area. Now the whole thing, as far, like I said, you lost me right in the beginning, but as far as I was concerned that this would be discussed, presented to staff, and if staff wanted to come back with something, fine. Our resolution, I don't see how that enters into it because this commission has never observed that resolution from the time they unanimously adopted it until now, and as long as it is a public agenda item and discussed in the public and given to staff, what more could you do?" Commissioner Usher said, "Our staff is plenty well worked right noti•T. I think this is the reason we have a Fire Department, because I am confident they would be telling us if we really needed it. They didn't; and also we are subject to inspections by the State and if they felt there was a need, they probably would be letting us know about it. In fact, I think this is one of the reasons we ordered the new equipment, and this is one of the reasons we mentioned we had to put in another station was because it was brought to our attention." 4,10 Commissioner Cooper said, "When you are talking stations, do you mean another station ..." Commissioner Usher said, "I am talking about the one South." Mayor Weisgerber asked if any of the audience had any comments to make. There were none. Mayor Weisgerber said he would like to make a statement or two."As I see it, I think that maybe a few important considerations, one would be the cost, total cost, of equipment, buildings and labor as balances against any possible change in the insurance rates. If the people of Salina are going to have to foot the bill for this it may make the difference on whether we or they might be willing to do it, providing there might be any recovery as far as the insurance they may have to pay is concerned. Again this would have to be a part of the survey. But one thing that is going to effect not only Salina but is going to effect cities all over the United States, and it is going to be a big item, and an item I don't believe the local citizens are aware of; but both houses of the National congress, both the Representatives and Senators have passed bills that say any municipalities, those people working in the Safety Department which would include the Fire, Police, Ambulance Service, shall be phased in to where they will be paid time and a half for over 40 hours a week. I have been getting bulletins on this, as the Mayor I get bulletins on how this legislation is progressing. I think at the moment it is going to committee to iron out the differences, however if it does pass in some form or another, our firemen at the present time work 56 hours a week. Other cities will be faced with this same thing. I believe the Police are pretty much on a 40 hour week, except for special work, and I am not sure about our ambulance set up; but this could bring about some changes. It is not impossible that we may before too long, find the firemen working an 8 hour day, 5 days a week, just like everyone else does. The day of the dormitory at the fire station may become a thing of the past. Whether it is done that way or whether it is done under a somewhat similar system to what it is now, we are going to find that the cost of operating a fire department will be greatly increased, either through overtime pay, or if overtime pay is eliminated, through an increased manpower. By far the major portion of the city's budget is in labor and since the biggest department in the City, from the point of view of number of employees is, I believe, the Fire Department, this could be quite a little difference in the cost of operation. It is something that needs to be taken into consideration if we are thinking of increasing the manpower. One thing, so far as order is concerned of what we do, we have a number of requests for Revenue Sharing and I expect if we would build additional fire facilities, this is probably the only source we would have, well not the only source, but the most practical source of money. We need to review our Revenue Sharing. What we have, how much we have already spent, how much we are obligated for, and we need to consider the requests on which we have not acted. I don't believe we have a very good sense of feel at the moment or just how we stand so far as money available from Revenue Sharing is concerned. The last comment I would like to make has to do largely with timing. That concerns principally staff time, and the 30 or 60 day period that Mike mentioned. The number of things -that I would like to see taken care of and out of the way, staff probably wouldn't have time to get to this for 60 days because we have instructed them to come up with a report on the recycling of paper; we have asked them to come up with a new suggestion on fee schedule. We mentioned that the City Engineer needs to get together with the County Engineer, now that he is in town, and see what can be worked out on drainage in the Southeast part of town. We have our parks to consider. We have been putting this off for a long time. We need to get together and determine if we are going to use some Revenue Sharing Funds, or if we are going to have a bond issue, what we are going to do with the parks. We also need to make another attempt at East Crawford, devise a means or method or some way of getting that paved if at all possible. How we are going to do this. We also have holding, for some considerable time, items of some land acquisition and some trading of parcels of land, and the sale of some. I am not opposed to the idea, in general, I have the feeling of wanting to clear these items that we have been holding so long and get them done first, and I think we recognize that the staff has their day to day duties to do as they go along, and the special things all represent extra time. I really would hope we could get the backlog worked down. Vacation time is pretty well over, and if we can get the staff to get the detail that we need on some of these items that we haven't acted on for over this long period of time, and get them done first, then a study along this line and report might well be in order. I think it is going to require to do this properly, and if we bring in the consideration of the State inspection bureau, the insurance, location, and possible set up in the Fire Department through Federal legislation, all these things are really going to require quite a bit of time and detailed study. This really would be my thinking, let's clear out what we have been holding first, then give them enough time to do this properly, because it is going to be somewhat involved as I see it with all the different facets to it." Commissioner Losik said, "I think we are overlooking one of the most important things. We are talking about fire rates. This is the last consideration. I think the fact that all the construction is going in, we have complexes going in, dwelling type, apartment type houses, not only in the Southeast, but up in the Marymount area. We have them going on all over. I think now it is a matter of protection of life and property rather than insurance rates as such, those are third. Now, as far as these other items, yes they are true, many of these things are done. This shouldn't be a surprise to anybody because at one time it was even discussed, mentioned that we would need sub -stations. I think the biggest problem here is that somebody was offended that I put it on the agenda. Well I am going to make the motion that we have a feasibility study on this, and that is my motion, Mr. Mayor." Mayor Weisgerber said, "I don't think we are objecting to that particularly, Mike, I think you will have to grant that had it not been for publicity in the paper that your statement so far as the agenda today was concerned was so ambiguous it was absolutely impossible for the rest of us even to have a guess as to what might be talked about so far as the discussing of the fire protection was concerned. With the help of the article in Sunday's paper then you knew what was coming up, otherwise we have no way to tell, and the ordinance we passed does say that this will be clear to the public and anyone as to what we are going to talk about. I am not, since we did have the help of the Journal, I am not arguing about that particularly. I know we are not under the, what you might call the extreme emergency condition by any means, if the state commissioner, if I understand correctly in times past, is when we bought the two new fire trucks, and we were told we were going to get a change in rate, that this was the necessary thing to have and we should do it. I think this same thing occurred with the sub -station in the South part of town was built. They watch these things pretty closely and are in a position to judge what one city has, and accomplishes with another. If we were in any immediate or emergency situation, I feel certain they would let us know." Commissioner Losik said, "I gather from what you are saying that we do nothing or anticipate these problems until some outsider comes in and tells us, boys you are in trouble, you better do something and do it now, and then in haste, we are bound and we are paying higher prices with less time to anticipate and plan these things and program them, and as a result you can't help but have errors. If we can't sit here and anticipate and program and plan some of these things and put them in a priority basis ..." Commissioner Usher said, "We have already done that, but you have never accepted it, and that is your Capital Improvement Program." Commissioner Cooper said, "Oh we would have discussed that, but you have to have a majority of the Commission before you do it, Mr. Usher, and a majority of the Commission has never set down to discuss capital improvements. I would like to ask somebody in the Fire Department if there is not some kind of formula that is used as far as fire protection or prevention is concerned. It has to do with a radius, in other words, you find the central station and in the radius of so many miles, you can provide a certain kind of protection. Isn't there some kind of rules along those lines? Or formulas the Fire Department follows?" Fire Chief Bross said, "Yes, we have a new grading schedule just out by the Insurance Services Office that establishes a radius for fire protection of a station with fire apparatus." Commissioner Cooper said, "I know I get into the ambiguity of this item on the agenda I think it is as clear as any other item, but I was under the impression when I read it that this would have some bearing on it, in other words, we could discuss what kind of protection you could provide for say like the Northeast Industrial Park, the community wants that to be developed and further up North, near the interchange, what kind of fire protection and preventative measures are you able to provide from Station 1 to that area of the community? From Station # 2, what can you do for the new south high school, Bonnie Ridge, Mid State Mall area as far as time is concerned. How soon can you get to that. Should there be a new station out there? I thought this would be the kind of general lines of discussion for this topic right here, and I thought maybe we could review it. Now evidently the Commission doesn't want to, but just as a for instance Chief, if you received a call from Mid State Mall, and you answered or responded from Station 2, would this be the station you would respond from? What would be, I don't know if the time factor is what you are most concerned with isn't it when you are responding to fires is the time factor. Do you have any idea if you are in a position to provide protection say to South High School, Bonnie Ridge, Mid State Mall, and that area from Station 2?" Chief Bross said Bonnie Ridge is outside the 12 mile limit, however the South High School and Mid State Mall fall within the 12 mile limit. Commissioner Cooper asked, "And that does meet the requirement of Station # 2?" Chief Bross replied, "Yes. The area north of I-70 falls outside the 12 mile radius for protection from Station 1, however as one of the Commissioners stated, water power is a problem out there." Commissioner Cooper said, "Okay, these were really long range proposals, just like the water problem is being given attention and a situation is slowly improving because the project has been authorized. When you are talking about fire protection for the community, this is something else that is just as long range. If you don't start cranking into the machinery then three years hence down the road, you don't have anything coming out at the other end. The same way if you .didn't start on improving the water distribution in the north end of town, a year or two years from now you wouldn't have any end results, if you didn't first begin these kind of things and so this is my idea on what the discussion of the Salina fire protection involves. The idea is to find out if these kind of things were needed, what they would cost, and where you would consider location these kind of things; but what you are saying is, we do not as a community need any additional facilities. Is that correct?" Chief Bross said, "No, I can't say that something won't happen in the North end of Salina, as a result of the railroad being set up, blocking our normal response. In the past, it wouldn't justify a station out there, but no one can say tomorrow we won't have a fire out there and have a fatality." Commissioner Cooper said, "I don't think you plan for the maximum emergency. I think you just try to plan for acceptable level of need, but you are saying that Station 1, in the event that in the next couple or three years, the Northeast Industrial site develops and businesses that are presently located up there maybe they would have plans to enlarge or expand and you are saying that they can be serviced from Station 1 adequately." Chief Bross said, "The Northeast Industrial Park, can adequately be taken care of by Station 1." Mayor Weisgerber commented, "I want very much to clear some of these things out that we have held for so long, get that done first, but so far as having the study on it, I know that on down the line when we get this accomplished, which I hope we can do within the next 60 days, I have no objections to it at all." Commissioner Losik said, "That is basically what I want. As far as the 30 to 60 days, that portion of it can be extended and on that basis, we could say the first of the year, 120 days to 180 days, but get started working on it. I would make the motion that we have a feasibility study as recommended here and use 180 days or sooner for a report." Mayor Weisgerber said, "Let's clear one thing. When you are talking about a feasibility study, I think we sometimes think of a consulting engineer, but what you had in mind here was the staff to bring this together?" Commissioner Losik replied, "Right. Then on these specifics we could go ahead and get the Engineer's recommendations. That is my motion Mr. Mayor." Commissioner Cooper said, "Well if staff thinks, I think they could probably do it because when we are talking about the items that Jack mentioned, the building fees and this sort of thing, I think that staff has suggested that this is our problem when we were talking recycling, they said they could do something in the way of review and investigation on that program within 90 days. That was their proposal." Mayor Weisgerber said he didn't mention the detention facility. There was quite a number of things. Commissioner Cooper said, "Most of this foot dragging is not on the part of the staff. It is on our side of the fence." Mayor Weisgerber said, "Part of it is." Commissioner Cooper said, "Well all the Commission has to do is just decide when they want to do it and sit down and talk about it, but I would like to hear a response from staff on the particular facilities that the community has in this regard to fire protection and if they assure us they don't need anything else, they can't use anything else, well fine." Commissioner Usher said, "Of course we had the staff go through all this study and everything else and we came up with the Capital Improvements program, we never even hardly bothered to look at it." Commissioner Cooper replied, "Again, like I said, Bill, Staff did this for us, but this is the Commission's fault, not staff's." Commissioner Usher said, "I don't know why we didn't use that as our guideline." Commissioner Cooper replied, "Because you couldn't get the majority of the Commission together to discuss the capital improvements and Jack mentioned East Crawford, so I will make a note of it right here and now. I was planning on putting a review of the East Crawford Street program back on the agenda again, because it has been around. We have done nothing with it, We don't seem to get around to doing, making any kind of decisions like this, so when it shows up - you will know what it is all about." Mayor Weisgerber said he hadn't mentioned the juvenile facility in the list of things which need attention. Commissioner Losik said, "I think all of this calling about the resolution and everything, I think it is still boiling down to the same thing, so far as the propriety of this thing being on the agenda, our Resolution states there are only three items that will be discussed in executive session, this is not one of them, a personnel item, litigation, acquisition of real estate are the three. Everything else is at open meetings by public agenda. This is being done. I would hope we would stop this discussion. I want to make a motion that we run a feasibility study as suggested, to be completed within 180 days." FL Commissioner Cooper seconded the motion. Mayor Weisgerber asked the City Manager if he had any comments to make on the subject. The City Manager replied, "I would probably say studies relating to fire protection that I have seen haven't been too many, probably vary as much as any other subject from a cursory review to a more comprehensive type study. I have never seen what I would call a very intensive study, comparative data and all that from other communities, relating to any community, and quite possibly this is because there are so many variables in the fire service as compared to other conventional municipal departments and operations. This is not a new subject to staff. We have visited about the location of stations, manpower, running procedures, backup procedures for many years. We will put something together by staff. If any of you have any insights to an area to be covered in the report or areas to be studied we would appreciate that, any input of any form from any of you or -from anybody, we can address comments or a section of the report to that. We will do what we can and we will do as good a job as we can, if this is the wish of the Commission, and we will be as frank as we can." Mayor Weisgerber asked for any other comments. There were none. Mayor Weisgerber called for a vote on the motion, that the staff make a feasibility study, and that the report be back in 180 days. Ayes: Cooper, Losik, Usher, Weisgerber (4). Nays: Caldwell (1). Motion carried. PUBLIC AGENDA PETITION NUMBER 3341 was filed by Lewis Killhoff for sidewalk on the north side of Wayne Avenue from Roach Street west to the existing sidewalk and on the north side of Wayne Avenue from Norton Street east to the existing sidewalk. A motion was made by Commissioner Losik, seconded by Commissioner Usher to refer the petition to the City Engineer for a report. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3342 was filed by G&K, Inc., George Etherington, President, for the annexation to the City of Salina, Kansas, and the zoning of Lots 1,2,3,4, Block 1, and Lots 1,2,3,4, Block 2, Auto Plaza Addition from Agriculture to "EE" (Local Service District) subject to the acceptance and approval of the Preliminary Plat and Final Plat. Mayor Weisgerber recognized the people in the audience as property owners interested in the area and invited them to make any comments they wished to. He explained the procedure to them, that there would be no action taken today except to refer the petitions to the Metropolitan Planning Commission. That commission would hold the public hearing, and make a recommendation back to the City Commission. One interested property owner commented, "Am I to understand that anything we say here today will not have any bearing on anything?" Commissioner Cooper said, 'Only that it would be premature. You would probably like to say it at the right time, when it would be most effective." The property owner said, "There is no reason then, for us to make any pro or con statements today." Mayor Weisgerber asked the City Planner when the petitions would be considered by the Metropolitan Planning Commission. Mr. Rawlings, the City Planner, replied September 18th, at 4:00 o'clock. After a short discussion about the present 701 plan, and the new land use plan in the process of being completed by Oblinger-Smith of Wichita, a motion was made by Commissioner Caldwell, seconded by Commissioner Usher to refer the petition to the Metropolitan Planning Commission for a recommendation. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3343 was filed by G&K Inc., George Etherington, President, for the acceptance of Preliminary Plat of Auto Plaza Addition consisting of the West 45 acres of the North Half (N!�) of the Southwest Quarter (SWI -4) of Section Nineteen (19), Township Fourteen (14) South, Range (2) West of the 6th P.M.: Saline County, Kansas. A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to refer the petition to the Metropolitan Planning Commission for a recommendation. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3344 was filed by G&K Inc., George Etherington, President, for the rezoning of the West 200 feet of the North Half (NI -2) of the Southwest Quarter (SW4) of Section Nineteen (19), Township Fourteen (14) South, Range (2), West of the 6th P.M.; Saline County, Kansas, from District "A" (Agriculture) to District "EE" (Local Service District) A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to refer the petition to the Metropolitan Planning Commission for a recommendation. Ayes:(5). Nays: (0). Motion carried. A CEMETERY TRUST DEED was filed by S. C. Snyder, Executor of the Belva L. Wilson, �- Estate, for the perpetual care of the North z of Lot 46, Block "C" in Gypsum Hill Cemetery. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to approve the Cemetery Trust Deed. Ayes: (5). Nays: (0). Motion carried. A COMMUNICATION was received from Urban Renewal relating to the proposed sale of land in the Northeast Industrial Area for Jeffway Builders and Developers, Wayne E. Montgomery, and asking that it be referred to the Metropolitan Planning Commission for a determination that the proposed use is in conformance with the Urban Renewal Plan. A motion was made by Commissioner Usher, seconded by Commissioner Losik that the proposal be referred to the Metropolitan Planning Commission for their recommendation. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Usher, seconded by Commissioner Losik that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. M. E. Abbott, Acting City Clerk