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12-13-1971 Minutes+ I I I i City of Salina, Kansas Commissioners' Meeting December 13, 1971 i The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, December 13, 1971, 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. fThere were present: Mayor Robert C. Caldwell, Chairman presiding Commissioner Leon L. Ashton Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. i comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk I Absent:( Commissioner Jack Weisgerber i i The Minutes of the Regular Meeting of December 6, 1971, were approved as mailed. STAFF AGENDA A RESOLUTION was introduced and passed entitled: "A RESOLUTION directing and ordering a public hearing on the advisability of street, water main, sanitary sewer and storm sewer improvements in certain districts and giving notice of such hearing." (The Feasibility Report was approved by the City Commissioners at the December 6, 1971 meeting) i (Engineering Project 71-542) (The hearing is scheduled for January 3, 1972). A motion was made by Commissioner Losik, seconded by Commissioner Ashton to adopt the Resolution as read and the following vote was had: Ayes: Ashton, Cooper, Losik, Caldwell (4). Nays: (0). Commissioner Weisgerber absent. Carried. The Mayor approved the Resolution and it is numbered 3115. REPORT FROM THE CITY MANAGER on the availability of funds for office space in the Salina Community Theatre Building for the Salina Cultural Arts Commission. (Tabled at the December 6, 1971 meeting) The City Manager reported that there will be approximately $31,343.00 in cash available over the 1972 budget estimate, (cash carry over) and that all capital items have been purchased, with the exception of $18,000.00 for pipe for part of the irrigation system for Oakdale Park. Dr. Nickell said he would like to see the City Commission approve the $1,600.00 for architect fees so an alternate design can be prepared for the Cultural Arts Office and gallery space in the Community Theatre Building. Commissioner Cooper asked Dr. Nickell how many square feet of office space they have in their present office. He stated they have approximately 400 square feet. He said this is just for office space, they need area for workshops. Commissioner Cooper asked Dr. Nickell if the Cultural Arts had any feeling about improving their present office in Memorial Hall, and using some of the space on the second and third floors. She feels much better use could be made of Memorial Hall and this would be in tradition to preserve the historical value of the building. Dr. Nickell said he did not know of any additional space available, unless they use the lobby. He said the Cultural Arts Office, in Memorial Hall, is out of the stream of activities. It should be in the Community Theatre Building, near the Hilton Inn. To be effective, it needs to be where the traffic is, for drop-in activities. 1 1 1 Mr. Robert Levin stated if the Cultural Arts had 1,000 square feet in Memorial $ Hall, by using two floors, they would need another employee. He also said the City Commission does not have a good past record of preserving any historical building, and he felt the new Community Theatre Building would be the best location for the Cultural Arts Office. He believes the City has enough money for the Cultural Arts Office and one-half of the pipe needed for Oakdale Park. Commissioner Losik asked the City Attorney if the City could legally give the Cultural Arts twenty-five thousand dollars? And if the Salina Community Theatre doesn't build, what happens? The City Attorney said the City can obligate funds for this if they are available. The Cultural Arts wants you to authorize $1,600.00 for architect fees so that an alternate bid can be received to include space for the Cultural Arts Commission. At that time you would make the decision whether or not to approve the expenditure for construction. Commissioner Ashton asked the City Attorney if part payment could be made this year, and part next year. Could the money be returned if the building is not built? The City Attorney said if you authorize the plans to be drawn, you could transfer $8,000.00 to Cultural Arts, and have it returned if the Community Theatre building is not built. Commissioner Ashton moved to make funds available in the amount of $1,600.00 to complete the architect fees, and place $8,000.00 in a fund as set by agreement, as prepared by the City Attorney, if the project is completed; if not, to be returned to the City. The motion died for lack of a second. i Commissioner Ashton moved to pay $1,600.00 for plans to see what the cost would be. The motion died for lack of a second. Dr. Nickell said he feels Commissioner Weisgerber would be in favor of the project, maybe it can be brought up again. A MOTION WAS MADE by Commissioner Losik, seconded by Commissioner Cooper to introduce an ordinance for first reading describing the complete City Limit boundary of the City of Salina, as provided for by State Law. Ayes: (4). Nays: (0). Motion carried. Ordinance Passed: Number: THE CITY COMMISSIONERS considered the extension of an agreement with D. E. Winslow for an additional 700 lineal feet of old channel for landfill use. The City Manager stated it would be used only for packer trucks. He also said it would probably give us an additional year at that location. A motion was made by Commissioner Cooper, seconded by Commissioner Losik to extend the agreement, and authorize the City Manager to sign the agreement. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the Salina City Planning Commission recommending the approval of the Final Plat of Morton Addition. A motion was made by Commissioner Losik, seconded by Commissioner Ashton to accept the recommendation of the Salina City Planning Commission and approve the final plat. Ayes: (4). Nays: (0). Motion carried. COMMISSION AGENDA REPORT from the City Engineer concerning the alley east of Lowell School, between Republic and Beloit. (Referred to the City Engineer at the December 6, 1971 meeting - sponsored by Commissioner Losik) Commissioner Losik stated this has been a real problem, and that it has been discussed before. The school is planning to put up a fence, and the decision made by the Commission today should be final. The City Engineer said there is nothing in the records to show this alley was ever vacated. r_- ►sd I Commissioner Cooper said it looks like more people want the alley as it is, than vacated. Commissioner Cooper asked the City Attorney about general public use of the alley over a long period of time. I i The City Attorney stated it was platted as an alley and remains that way, unless it is vacated by Commission action. If privately owned property is used for 15 years or more under adverse conditions, it would become the users property. Commissioner Ashton asked the City Engineer, if the school puts the fence on k school property, could the garbage trucks get through the alley. The City Engineer replied, "No". i Mr. German wants to leave the alley as it is. i s Mrs. Richard Bennett has apartments abutting the alley, and the apartment renters use the alley for getting into the rear yard for parking, and she wants to leave the alley as it is. Mr. Goben stated if the school could put the new fence where the old one is, he would like to leave the alley as it is. He stated when they signed the petition in 1968 they wanted the alley to remain as it is, but there was some confusion in the wording of the petition. The City Manager stated that he had visited with Mr. Brockman, who said they would put the fence three feet inside the property line. Miss Irene Ford stated that Mr. Brockman told her it would be almost impossible to install the fence correctly. The children need all the area possible for play area. Commissioner Ashton asked the City Engineer if the school put the fence three feet inside the property line, could the trucks get through. The City Engineer replied, n 11 No The City Manager asked some of the residents if the garbage trucks use the alley. The residents stated the cans are carried to the ends of the alley by the carriers, Commissioner*Losik again said the decision made today, would stay this way Iunless a petition was filed by the property owners to change. Commissioner Ashton asked Miss Ford, what effect it had on her. She did not answer. A motion was made by Commissioner Losik, seconded by Commissioner Cooper, not to take any action. If the people in the area want any action taken, it would have to be done by petition. Ayes: (4). Nays: (0). Motion carried. PUBLIC AGENDA None i i A MOTION was made by Commissioner Ashton, seconded by Commissioner Losik, that the Regular Meeting of the Board of Commissioners adjourn. Ayes: (4). Nays: (0). Motion carried. i I \ i D. L. Harrison, City Clerk j