08-02-1976 Minutes1
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City of Salina, Kansas
Regular Meeting of the Board
of Commissioners
August 2, 1976
The Regular Meeting of the Board of Commissioners met in the Commissione''s'
Room, City -County Building, on Monday, August 2, 1976, 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 Gerald F. Simpson, Chairman presiding
Commissioner Robert C. Caldwell
Commissioner Keith G. Duckers
Commissioner W. M. Usher
Commissioner Jack Weisgerber
comprising a quorum of the Board, also:
Norris D. Olson, City Manager
D. L. Harrison, City Clerk
Absent:
L. 0. Bengtson, City Attorney
The minutes of the Regular Meeting of July 26, 1976, were approved as
printed.
THE MAYOR proclaimed the Month of August, 1976 - "SILVER SABRE
MONTH". The proclamation was read by Wayne Webber, Silver Sabre Drummer.
STAFF AGENDA
BIDS WERE RECEIVED for Engineering Project 76-610 for Slurry Seal
Improvements:
Ballou Construction Company, Inc. $38,846.50
Engineer's Estimate 39,725.00
A motion was made by Commissioner Duckers, seconded by Commissioner
Weisgerber to award the contract to Ballou Construction Company, Inc., as low
bidder, in the amount of $38,846.50, providing it meets the Engineer's
specifications. Ayes: (4). Nays: (0). Commissioner Usher abstained. Motion
carried.
BIDS WERE RECEIVED for Engineering Project 76-611 for Machine Laid
Seal Improvements:
Brown and Brown, Inc. $10,130.00
Engineer's Estimate 10,275.00
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Caldwell to award the contract to Brown and Brown, Inc., as the low bidder, in
the amount of $10,130.00, providing it meets the Engineer's specifications.
Ayes: (5). Nays: (0). Motion carried.
THE CITY ENGINEER reported on Petition Number 3544 which was filed by
George C. Etherington for A. B. Seelye Company, Inc., for pavement, water
mains, and sanitary sewer lines to serve all lots in Block 1, Country Hills
Addition Number 2, that the petitioner owns 820 of the property within the
benefit district, and is therefore a valid petition. A motion was made by
Commissioner Usher, seconded by Commissioner Duckers to accept the Engineer's
report as filed and approve the petition. Ayes: (5). Nays: (0). Motion
carried.
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THE CITY ENGINEER reported on Petition Number 3557 which was filed by
George C. Etherington for G & K, Inc., for curbing, guttering, paving of Beloit
Avenue and Minneapolis Avenue from Ohio Street to Courtney Drive, and Courtney
Drive from Beloit to Minneapolis; water mains and sanitary sewer lines to serve
all lots adjacent to the above streets, all property located in Dow Addition,
that the petitioner owns 100% of the property in the benefit district, and is
therefore a valid petition. A motion was made by Commissioner Weisgerber,
seconded by Commissioner Caldwell to accept the Engineer's report as filed and
approve the petition. Ayes: (5). Nays: (0). Motion carried.
THE CITY ENGINEER reported on Petition Number 3571 which was filed by
Doyle Yockers for the Salina Development Company, for curbing, guttering,
paving, water, sanitary sewer and storm sewer improvements to serve certain
lots in Blocks 30, 31, 32, 33, 34, Key Acres 2nd Addition, that the petitioner
owns 100% of the property in the benefit district, and is therefore a valid
petition. A motion was made by Commissioner Caldwell, seconded by Commissioner
Usher to accept the Engineer's report as filed and approve the petition. Ayes:
(5). Nays: (0). Motion carried.
A MOTION was made by Commissioner Usher, seconded by Commissioner
Duckers to introduce an ordinance for first reading levying special assessments
against certain lots and pieces of property to pay the cost of cutting weeds on
certain lots and parts of lots and the parkways abutting thereon in the City of
Salina, Kansas. Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed:
Number:
A MOTION was made by Commissioner Duckers, seconded by Commissioner
Caldwell to introduce an ordinance for first reading levying special assessments
against certain lots and pieces of property to pay the cost of abatement of
nuisances. Ayes: (5). Nays: (0). Motion carried.
Salina.
Ordinance Passed:
Number:
A PUBLIC HEARING was held on the 1977 proposed budget for the City of
Mayor Simpson asked for comments from the audience.
Glorine Shelton, President of the League of Women Voters, commented
that the League is pleased to see a budget amount for paper recycling for 1977.
She commented that it has not been as profitable, and it has not paid its way,
but with the price having gone up, and with community support for the project
maybe eventually it will pay its way and they do hope it continues, because
they feel it is a good community project.
There were no other comments from the audience.
Mayor Simpson thanked the City Manager and staff for the preparation
of the budget.
A motion was made by Commissioner Weisgerber, seconded by Commissioner
Caldwell to approve the 1977 Budget and introduce an ordinance for first reading
approving, adopting and appropriating, by fund, the Budget of the City of
Salina for the year beginning January 1, 1977. Ayes: (5). Nays: (0). Motion
carried.
Ordinance Passed:
PUBLIC AGENDA
Number:
PETITION NUMBER 3580 was filed by Smoky Hill Development Company for
the approval of the plat of Smoky Hill Addition to the City of Salina, Saline
County, Kansas. A motion was made by Commissioner Caldwell, seconded by
Commissioner Usher to refer the petition to the City Planning Commission.
Ayes: (5). Nays: (0). Motion carried.
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PETITION NUMBER 3581 was filed by Sue Baxter, 110 East Iron, for the
rezoning of Lot 13, Block 3, College View Addition from District "A" (Second
Dwelling House District) to District "B" (Two -Family Dwelling House District).
A motion was made by Commissioner Usher, seconded by Commissioner Duckers to
refer the petition to the City Planning Commission. Ayes: (5). Nays: (0).
Motion carried.
COMMISSION AGENDA
A motion was made by Commissioner Usher, seconded by Commissioner
Caldwell, to add appointments to boards and commissions to the agenda for
consideration. Ayes: (5). Nays: (0). Motion carried.
THE MAYOR, with the approval of the City Commission, made the following
appointments:
City Planning Commission
Clinton L. Price, appointed to succeed Solomon Oliver, for a 3 year
term to May 3, 1979.
Gaylord Spangler, appointed to succeed Lee Haworth, for a 3 year term
to May 3, 1979.
The Commissioners brought the following items to the floor for
discussion:
Mayor Simpson commented, "There has been much discourse and comment
on the proposed Community Development Program Rehabilitation Program over the
last few weeks, particularly the last week. The Commission is, I think, fully
aware of the public's feeling on this. Commissioner Weisgerber has a statement
in regard to this that he would like to make at this time."
Commissioner Weisgerber read a prepared statement, "I would like to
discuss housing rehabilitation with community development funds just so far as
this City Commission is concerned. Since this Commission has the final decision,
what we do is of utmost importance.
"So let's start with our meeting on April 5, 1976, when approval of
the Citizens' Advisory Committee's recommendation was first on our agenda and
Mr. Rawlings and Mr. Maes were there to answer questions. Lets remember well
this meeting because on April 5th, the way it appeared, the rehabilitation
program was going to work and the direction it has taken since are no more
alike than day and night.
"I went to the meeting feeling that I would like to see the $190,000.00
that was available at that time used as outright grants or for very low interest
loans on a city-wide basis, to those who had need and could qualify, on a first
come first served basis. Mr. Rawlings made the point that experience across
the country showed that it was better to work in a smaller, more concentrated
area, where the results would show more and hopefully encourage more people to
rehabilitate their homes. Since I was against any means of legally forced
entry I asked Mr. Rawlings how he was going to get a small area to participate
on a voluntary basis. He told the Commission that the plan was to talk to
people, find a likely area, then with both staff and neighborhood residents
participating have meetings in some of the neighborhood homes to get a cooperative
effort going. If the effort failed in one area, another area would be tried.
"Let's still look at things through the eyes of April 5th. With
grant or (free money) and low interest money in the pot, I visualized a good
demand for these funds. Knowing how very high repair and construction costs
are, I asked the question 'What do we do when we run out of money?' The answer
by Mr. Maes was that the program stops.
"To sum up April 5th, there were three major points. lst, stress on
a voluntary program. 2nd, very limited funding with high costs involved.
3rd, the program stops when the money is gone. Given these three points, I
don't believe this Commission felt, and I know I didn't feel that we were going
to have any likelihood of attempting legal or mandatory entry, so it was no
great issue then.
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"It is now August 2nd, four months later and whatever happened to
'VOLUNTARY'? Somehow everything that was said, everything that was written,
everything that was thought concentrated on legal action, police power, and the
city is going to force you to do what they want. What should have been a good
helpful voluntary program reversed direction and turned into a catastrophe.
The real tragedy of it is that so many people, particularly retired and older
people, have had to be afraid that something was going to be forced upon them
that they would be unable to cope with, either financially or emotionally. For
this we are sorry.
"After the hearings last Tuesday and Thursday evenings, the normal
procedure is for this issue to go back to the Citizens' Advisory Committee for
their reconsideration and this it should do. However, this will take time,
emotions are high, and I don't think the Citizens' Advisory Committee will feel
abused by us if we let it be known today that we will accept no recommendation
for the use of Community Development Funds that includes the use of legal court
actions to gain entrance of a building inspector into the homeowners home. I
have been against this kind of action in the past, I still am, and I think and
hope the rest of the Commission are too. Taking this position today would
really not represent a change from the position on April 5th."
Mrs. Frieda Fox said, "I am very pleased to hear your remarks because
I was dumbfounded to think that our City Commission would resort to such tactics
as to forceably say that we are going to come into your homes and you have to
do what we want you to do. You have to take a loan at 10% interest and if you
don't participate we will get a court action, now that is what was put in the
paper; so we just thought that is exactly what you intended to do and I am
certainly happy to think that you did not go along with that. It kind of
restores my faith in humanity."
Commissioner Usher commented, "Absolutely, we have never said that,
and we don't intend to, not under the CD program."
Commissioner Duckers said, "I would like to express complete accord
with Commissioner Weisgerber's statement. I think it very eloquently says what
I feel in my own heart and I sense that the rest of you do too, certainly the
big thing that we saw and heard all along was it was to be a voluntary program
and I am totally opposed to any type of forced entry, always have been, always
will be, and for that reason I totally support Commissioner Weisgerber's
statement. I would like to add one further point, I have a number of close
personal friends who live in the so called target area, and I would like to
express my personal apology, and I suspect, perhaps speaking for the other
Commissioners our apologies for concern, and anxiety that was caused by this,
because that was not in any way our intent, at any time."
Bill Scholl asked, "What was the intent when you say on low interest
loans for an elderly couple, regardless of their.., if you are going to force
(them into taking a low interest rate loan for 3 or 4 thousand dollars a lot of
them are going to spend the rest of their life indebted. After they got their
home paid for, they will never see their way out of debt again. I think it is
la shame to do that."
The Commissioners replied they are not going to do that.
Mayor Simpson replied, "We are not going to force, period."
Commissioner Duckers commented, "I think the gentlemen completely
missed the point that Commissioner Weisgerber emphasised, 'voluntary'."
Mr. Scholl said, "It isn't voluntary."
Commissioner Duckers said, "Certainly, that was our intent, sir."
Commissioner Usher said, "That is what we are trying to get through
to you."
Commissioner Duckers continued, "That is the point that we are trying
to make, that our intent was that this be a voluntary program and never at any
time forced upon anyone. That was our intent."
.5�
Mr. Scholl said, "It isn't that way though."
Commissioner Usher said, "It is."
way." Commissioner Duckers said, "It is that way. It is going to be that
Mrs. Fox asked, "How did it get in the paper that way?"
An unidentified woman said, "We put a petition about 3 years ago
against this very thing, so I wonder why you brought it up again?"
Mayor Simpson explained, "I was not on the commission at that time,
but I was on the Citizens' Advisory Committee, that petition to, as I recall,
was to eliminate the Minimum Housing Code that was on the books at that time.
The Minimum Housing Code is still on the books. It is still an ordinance of
the City of Salina."
The unidentified woman said, "Yeah, but the word minimum means small,
and according to the code it is a foot long."
Mayor Simpson replied, "It is a matter of semantics on what you call
minimum."
Commissioner Weisgerber said, "Today, I only touched on this as it
related strictly to the City Commission, but I think, I know Bill was, and I
expect both of you ladies were at the meeting either Tuesday or Thursday evening,
when Mr. Rawlings and some of the rest of the staff went back further than that
to the community hearings and all of this thing that preceded it, but I that
has been pretty well gone over. So this just concerns our feeling and what we
anticipated at the time we got it, and what has happened since that, you sit
back and you wonder how in the world the program got so far off the track, but
anyway.."
The unidentified woman said, "(unintelligible) if you had an office
downtown, maybe people would come to you."
Mrs. Fox asked again how it got in the paper?
Mayor Simpson replied, "I don't know. I suppose somebody wrote it in
the paper, that is how most things get in the paper."
Mrs. Fox asked, "But who?"
Mayor Simpson replied, "Whoever the by-line was."
Mr. Scholl asked, "How can it be voluntary, on a voluntary basis,
when the code says that the city has a right to order the work done, and then
have a lien put on the home owner? How is that voluntary?"
Commissioner Weisgerber replied, "What we are thinking of are these
funds, these particular funds, that they are to put them on a voluntary basis, thi
Community Development."
Mayor Simpson said, "We are not addressing the Minimum Housing Code
as being a part of that program, we are not addressing the Minimum Housing Code
I think in this particular instance we are addressing the rehabilitation program
as it was proposed. If you might allow the Mayor a statement, I really think
enough rhetoric has gone over the dam on this thing. This program was developed
by the Citizens' Advisory Committee, approved by the City Commission, and
developed by the city staff, and as Jack said, with obvious misunderstanding,
this was all done subsequent to public hearings for Community Development
Funds, and this need seemed to be of primary interest to those people that
attended those community hearings. Now cutting through everything else, it is
Mr. Scholl replied,
"Not
according to
the
code."
Commissioner Usher
said,
"It will be
that
way."
Mrs. Fox asked, "How did it get in the paper that way?"
An unidentified woman said, "We put a petition about 3 years ago
against this very thing, so I wonder why you brought it up again?"
Mayor Simpson explained, "I was not on the commission at that time,
but I was on the Citizens' Advisory Committee, that petition to, as I recall,
was to eliminate the Minimum Housing Code that was on the books at that time.
The Minimum Housing Code is still on the books. It is still an ordinance of
the City of Salina."
The unidentified woman said, "Yeah, but the word minimum means small,
and according to the code it is a foot long."
Mayor Simpson replied, "It is a matter of semantics on what you call
minimum."
Commissioner Weisgerber said, "Today, I only touched on this as it
related strictly to the City Commission, but I think, I know Bill was, and I
expect both of you ladies were at the meeting either Tuesday or Thursday evening,
when Mr. Rawlings and some of the rest of the staff went back further than that
to the community hearings and all of this thing that preceded it, but I that
has been pretty well gone over. So this just concerns our feeling and what we
anticipated at the time we got it, and what has happened since that, you sit
back and you wonder how in the world the program got so far off the track, but
anyway.."
The unidentified woman said, "(unintelligible) if you had an office
downtown, maybe people would come to you."
Mrs. Fox asked again how it got in the paper?
Mayor Simpson replied, "I don't know. I suppose somebody wrote it in
the paper, that is how most things get in the paper."
Mrs. Fox asked, "But who?"
Mayor Simpson replied, "Whoever the by-line was."
Mr. Scholl asked, "How can it be voluntary, on a voluntary basis,
when the code says that the city has a right to order the work done, and then
have a lien put on the home owner? How is that voluntary?"
Commissioner Weisgerber replied, "What we are thinking of are these
funds, these particular funds, that they are to put them on a voluntary basis, thi
Community Development."
Mayor Simpson said, "We are not addressing the Minimum Housing Code
as being a part of that program, we are not addressing the Minimum Housing Code
I think in this particular instance we are addressing the rehabilitation program
as it was proposed. If you might allow the Mayor a statement, I really think
enough rhetoric has gone over the dam on this thing. This program was developed
by the Citizens' Advisory Committee, approved by the City Commission, and
developed by the city staff, and as Jack said, with obvious misunderstanding,
this was all done subsequent to public hearings for Community Development
Funds, and this need seemed to be of primary interest to those people that
attended those community hearings. Now cutting through everything else, it is
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obvious, we goofed. The program is not feasible, it is not workable, and I
think most important of all it is not wanted by the citizens of Salina. I
would echo Jack's suggestion we look to some future time the Citizens' Advisory
Committee, possibly to study a city-wide program, on a strictly voluntary, non-
compulsary basis, and their alternative would be to amend the first and second
years application to channel the use of those funds to possible capital improve
programs. I would not like to see the city, however, completely abandon the
goal to provide safe and decent housing for the citizens of this community. I
would like to thank all of those people who attended the public meetings last
Tuesday and Thursday nights, and anyone who has had input into this. As far as
I am personally concerned, this particular rehabilitation program is dead
and hopefully buried. As far as I am concerned, the CAC could restudy that
possibility on a city-wide, voluntary, non-compulsary basis."
Commissioner Weisgerber said, "That will be their decision."
Commissioner Duckers commented, "If they don't it will be ours. What
we are saying is that is the type of recommendation that we would accept and
believe we could live with, and the people would live with if it were city-
wide, if it were voluntary, and if there were no forced entry included in it."
Commissioner Weisgerber said, "The only part that I sought to send to
the Citizens' Advisory Committee, they could make it local or city-wide, after
further study, but no forced, mandatory entry. That is the part that I think
we should mandate today anywhere in the City, so that we know that is out, and
then from there on they can restudy and see what they want."
Mrs. Fox commented, "It should never have been considered in the
first place. Forced entry is a terrible thing, to tell anybody you have to let
somebody in your house, to go right through it and tell you what is wrong with
it. You know what is wrong with it if there is anything wrong with it."
Commissioner Duckers said, "For the last 2 or 3 years the Community
Development funds available to Salina to be spent how the citizens wanted it to
be spent, a series of public hearings were held. A year ago I happened to be
chairman of the CAC, the vast majority of the people who attended those hearings
said that the number one priority was low income housing. Do something about
the housing, and so following that premise the CAC came up with this proposal.
Part of the package deal was that at the tail end, there was a possibility of
someone would refuse them to inspect their home, this forced entry, and this is
what people are opposed to. But that was not the intent, I don't think, of
anybody on the CAC, or anybody on this Commission. The intent was to try to
help preserve neighborhoods that are beginning to show blight, that are beginning
to decay, and to protect the home owners who are taking care of their property.
And in this area I think the survey showed that the vast majority of the homes
were in fine shape, and there were some that needed minimum repairs, and I
think there was only to that should be razed or destroyed, but this, if you
lived next door to that house that should be destroyed or razed I think you
probably would like to have it out of there, because it would enhance your own
home, and that was the intent, and not to force into your homes and inspect it.
It was to try to help ..."
Mrs. Fox said, "I don't even think that would be kosher."
Commissioner Duckers replied, "Well apparently it isn't whether it is
kosher, it is not digestable, and the people are not accepting it, and so that
is why we are taking the stance that we are today."
Unidentified woman, "But by low income housing, does that not mean to
erect some homes to rent or to ..."
Commissioner Duckers replied, "I think it could be interpreted both
ways, either to erect, ..."
Commissioner Usher said, "It is much cheaper to rehabilitate than to
build new."
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Commissioner Duckers continued, "And not just let this blight continue.
If everyone in that area could move up to new low income housing, what is going
to happen to that house? It will deteriorate and become worse, and the idea
was to fix it up."
Mrs. Fox said, "That is entirely up to the neighborhood, or the
people concerned. I mean everybody can't afford to have new."
Commissioner Duckers said, "That is right. I would think that might
evolve out of this. I would think there might be neighborhoods who now, on
their own initiative would get together in their own little private groups and
say, there is some money down there, let's agree to this and go down and see
if we can rehabilitate our neighborhood. Any maybe all of this will generate
that type of response."
Mrs. Fox said, "You wouldn't have enough money to force anything onto
me, that is for sure."
Commissioner Duckers said, "Nobody is going to force anything on you,
that is what we are saying."
Mrs. Fox said, "I know that is what you say, but you want to rehabilitat
that should be up to the individual. That should be up to people all the way
around, all over the neighborhood, all over Salina. If they want to fix up
their place, that is their affair. It should be no concern of yours. If this
money is supposed to be for rehabilitation, or for certain things like that,
why don't you use it for that? If there are people in certain areas of town
that need their homes fixed up to make them liveable, then you should go in
there and fix them up, with no strings attached."
Commissioner Duckers responded, "Well, that is one way of looking at
it, unfortunately the CAC committee who ..."
Mrs. Fox said, "..but if you are out to, to want to get loans. If
your objective is to have people take out loans..."
Commissioner Duckers replied, "That isn't the objective. That is not
the objective at all."
Mayor Simpson said, "That is not the objective at all of the CAC or
the City Commission to force people to take out loans."
Commissioner Duckers explained, "The idea is to keep the area from
deteriorating, and to bring it up to minimum standards, only minimum."
Mrs. Fox said, "I am just a very independent person and I guess I
resent anybody trying to tell me..."
Commissioner Duckers asked, "What is your name, Ma'am and where do
you live?"
She replied, "Frieda Fox, 844 Custer."
Commissioner Duckers asked if that is in the (tagret) area?
Mrs. Fox replied, "No! It is not; but I was concerned, and most
concerned because they said if they didn't get it in the South Park area, then
they would go in the north part of town, and that is where my concern arose, to
think that they would go into the north part of town, when maybe some of those
people would not be able to defend themselves against such things."
Commissioner Usher replied, "The north part of town does a very good
job defending themselves. They do a better job defending themselves than
anyone else."
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Mrs. Fox said, "The people in the north part of town are as intelligent 11
as anybody else."
Commissioner Duckers responded, "Well, I think so."
Mayor Simpson announced that there would not be a Regular City
Commission meeting on August 9, 1976.
A MOTION was made by Commissioner Weisgerber, seconded by Commissioner
Usher that the Regular Meeting of the Board of Commissioners be adjourned.
Ayes: (5). Nays: (0). Motion carried.
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D. L. Harrison, City Clerk