Administrative Brief
COMMISSION INFORMATION MEMORANDUM
VOL. 27 NO.8
April 1,2005
ADMINISTRATIVE BRIEF FROM DEAN ANDREW:
CDBG Proaram
The Planning and Community Development Division has been closely monitoring the
discussions in Washington, D. C. about the future of the Community Development Block
Grant (CDBG) program. The Bush Administration has proposed eliminating the program
entirely. This program has been used to help fund housing rehabilitation and a number of
public improvements in Salina including downtown improvements, airport industrial area
street improvements and the new Emergency Aid Food Bank facility.
The Senate adopted an amendment during consideration of the FY 2006 federal budget
resolution that calls for restoring funding for the Community Development Block Grant
(CDBG) program and keeping the program at the U.S. Department of Housing and Urban
Development (HUD). This amendment, passed on a 68 - 31 vote. In the House of
Representatives, the Budget Committee included language in the House version of the
budget resolution to express the intent to increase community development spending by $1.1
billion. The language specifically calls for the new spending to "accommodate higher
appropriations" for CDBG. The House and Senate must now reconcile differences between
the competing budget resolutions. The outcome is not final yet but it is an encouraging sign
that there is strong, bipartisan support for retaining this program. Organizations such as the
National League of Cities and the American Planning Association are continuing their
lobbying efforts to save the program.
At the State level the news is not so encouraging. The Kansas Department of Commerce
is assuming a 20% cut in funding available in 2006, is eliminating some programs and
proposing changes to their project rating criteria for Community Facilities projects such as
the Food Bank and Salina Cares Clinic which will further disadvantage Salina. Salina
projects compete for funding against communities ranging from 100 to 50,000 in population.
Cities which are over 50,000 in population part of a metropolitan area receive an allocation
of CDBG funds automatically each year and may decide how to spend those funds locally.
Salina would have to reach 50,000 in population by 2010 to become an entitlement city.
TEA-21 Renewal
The House of Representatives overwhelmingly approved H.R. 3, the Transportation Equity
Act: A Legacy for Users (TEA-LU), 417 - 9. The bill provides approximately $284 billion
through FY 2009. Of the overall spending, $225.5 billion is guaranteed for highways and
$52.3 billion for transit. Donor states (those contributing more to the highway trust fund than
they receive in federal aid) would see their minimum rate of return increased to 92.6 percent.
Action by the full Senate is tentatively scheduled for the week of April 18. A conference
committee would have to resolve lingering differences between the two houses. The current
extension of TEA-21 runs through the end of May.
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Cell Towers
Page 2
Last week the United States Supreme Court issued a unanimous ruling in City of Rancho Palos
Verdes v. Abrams. The Supreme Court limited liability of municipalities under the federal
Telecommunications Act (TCA). The Court's decision that judicial remedy under Sec. 1983 is not
available to an individual seeking judicial review of a zoning decision under the
Telecommunications Act reversed a lower court decision.
When Congress passed the TCA, it specifically adopted a 3D-day statute of limitations governing
judicial review of zoning determinations. But the 9th Circuit Court of Appeals ruled earlier that
money damages under a civil rights statute (Sec.1983) were also available to a plaintiff who
successfully challenged denial of a conditional use permit for a cell tower under the TCA. Since
the statute of limitations are much longer for a Sec. 1983 claim, the two remedies are inconsistent.
This is a favorable decision for local governments because it keeps the TCA consistent with the
requirements in most states including Kansas that zoning decisions be appealed within 30 days,
as well as precluding money damages for land use permitting errors made under the TCA. The
alternative would have exposed communities and local officials to the threat of significant financial
liability in TCA litigation.
What this means for Salina is that if a permit application to construct a cell tower were denied by
the City Commission, an applicant would have 30 days to file a complaint in District Court that the
denial was unreasonable. Their relief would be limited to the overturning of the City Commission's
decision and they would not be able to claim any monetary damages.
2005 Housina Rehabilitation - Neiahborhood Services
City Program: The $75,000 city program, which is available to use on homes located
anywhere within the city limits, is for mainly emergency repairs of up to $6,000 per property.
City HousinQ Rehabilitation Proiects Completed Year-to-Date 2005
Address Work Funded Approximate
Expenses
North 3rd Clean/service furnace $84
South 10th Sewer clean-out $533
Crescent Sewer clean-out $199
North Kansas Sewer clean-out $275
North 10th HV AC replacement $4,064
Park Electrical repairs $650
Center New furnace $2, 158
North 12th New entry doors $995
# Projects: 9 $8,958
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There are approximately 25 income-qualified home owners presently requesting assistance
with similar needs, with about half that number who have expressed interest but have yet to
complete the application process.
May 3,2004, the City Commission adopted changes to focus primary housing rehabilitation
efforts on emergency repairs. Expenditure for filing mortgages was eliminated along with
a cumbersome system of local loan fund administration.
The program has operated since April 2003 without a full time housing coordinator staff
position. Duties have been carried out by dividing responsibility between existing
Neighborhood Services and Building Services positions. In 2004, $36,498 was spent on 17
homes to provide assistance with furnaces (12 projects) and plumbing repairs (6 projects).
The same staff persons are also implementing the $262,250 HOME Housing Rehabilitation
Program Grant awarded in 2001 by the Kansas Housing Resources Corporation, which
proposes major rehabilitation of approximately 16 homes.
MONDAY'S MEETING:
1. Enclosed are other items on the agenda. If any Commissioner has any questions or
cannot attend the meeting, please contact me.
2. Let's begin the study session at 3:45 p.m. An agenda is attached.
Dennis M. Kissinger
City Manager