09-18-1972 MinutesCity of Salina, Kansas
Commissioners' Meeting
September 18, 1972
The Regular Meeting of the Board of Commissioners met in the Commissioners'
Room, City -County Building, on Monday, September 18, 1972, 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
W. E. Harris, Director of Administration
D. L. Harrison, City Clerk
Absent:
Norris D. Olson, City Manager
The Minutes of the Regular Meeting of September 11, 1972, were approved as
mailed.
THE MAYOR PROCLAIMED Sunday, October 1, 1972, "PEANUT BUTTER SUNDAY". The
proclamation was read by Steve Konda, of the Salina Jaycees.
THE MAYOR PROCLAIMED the Week of September 17 through 23, 1972, "CONSTITUTION
WEEK". The proclamation was read by Anna Laura Miller of the Mary Wade Strother Chapter
of the Daughters of the American Revolution.
STAFF AGENDA
A LETTER was received from the Metropolitan Planning Commission recommending
the amendment of Section 6, Sub -section 8b of the Zoning Ordinance of the City of Salina
to allow the posting of political advertisements, with the following limitations:
1. The size of the signs may not exceed eight equare feet in area;
2. The signs may be posted 21 days prior to election and must be
removed 3 days after election.
A motion was made by Commissioner Losik, seconded by Commissioner Cooper that the City
Attorney be instructed to draw up the necessary amendment to the ordinance to permit this,
as recommended by the Metropolitan Planning Commission, and to introduce the ordinance for
first reading.
Commissioner Ashton asked the City Attorney if something could be put in the
ordinance "whereby we would have it understood that it would be cleaned up and the signs
would be disposed of properly, instead of them blowing down the street, when the election
is over."
The City Attorney explained the ordinance would make it the responsibility of the
property owner to remove the signs within three days after the election, and the property
owner would be in violation of the ordinance if he didn't remove them. He said it is like
anything else, one property owner might throw the signs down and let them blow around, but
most of them are pretty conscientious to see that they are disposed of properly.
After a little further discussion, the Mayor called for a vote on the motion.
Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed: 01_ re,, 2 k9lz_ Number: �2`i�
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A LETTER was received from the Metropolitan Planning Commission recommending the
approval of the final plat of the Replat of the North 200 feet of the Union Cemetery
Addition, which was requested in Petition Number 3272, filed by the Union Cemeteries
Association, Inc. A motion was made by Commissioner Losik, seconded by Commissioner
Ashton to accept the recommendation of the Metropolitan Planning Commission and approve
the Final Plat of the Replat of the North 200 feet of the Union Cemetery Addition, which
was requested in Petition Number 3272. Ayes: (5). Nays: (0). Motion carried.
A LETTER was received from the Metropolitan Planning Commission recommending the
rezoning ordinance be introduced for first reading for the rezoning of the North 200 feet
of the NE 4 of Section 19-14-2 to District "DD" (Office District). The petitioner has now
complied with the stipulations of: 1. The filing of an approved plat with the Register of
Deeds, describing the boundaries of the land requested for rezoning; 2. The restriction
of access to three points, and 3. The establishment of building set -back line 30 feet
beyond the future street right -of --way line. The rezoning was requested in Petition Number
3232, filed by Union Cemeteries Association, Inc., and was approved by the City Commission
June 12, 1972, contingent on these restrictions. A motion was made by Commissioner
Cooper, seconded by Commissioner Caldwell to accept the recommendation of the Metropolitan
Planning Commission and introduce the rezoning ordinance for first reading. Ayes: (5).
Nays: (0). Motion carried.
Ordinance Passed: D�� oQ�� 2 1912- Number: 27-q?
A LETTER was received from the Metropolitan Planning Commission recommending the
denial of the rezoning of all Lot 1, except the East 110 feet thereof; all of Lot 2 except
the East 100 feet of the South 14 feet thereof; the North 25 feet of Lots 5 and 6; the
North 15 feet of Lot 7, and all of Lot 16, all in Block 1, in Morrison's Replat of part of
Replat of part of Morrison's Third Addition, East of Tenth Street, Salina, Saline County,
Kansas, plus five feet accreted to the north side of said Lots 1, 2, and 16, in Block 1,
by the vacation of an alley that adjoined said lots, to District "C" (Apartment District),
on the basis of spot zoning. The rezoning was requested in Petition Number 3263 which was
filed by E. S. Hampton for the Litowich Estate. A motion was made by Commissioner Ashton,
seconded by Commissioner Losik to accept the recommendation of the Metropolitan Planning
Commission and deny the petition for rezoning, Ayes: (5). Nays: (0). Motion carried.
A LETTER was received from the Metropolitan Planning Commission recommending the
approval of the rezoning of Lots 7, 9, 11, 13, 15, 17, 19, Block 4, Episcopal Military
Institute Addition to District "E" (General Business District). The rezoning was requested
in Petition Number 3266, which was filed by Donald M. Heller. A motion was made by
Commissioner Losik, seconded by Commissioner Ashton to accept the recommendation of the
Metropolitan Planning Commission and approve Petition Number 3266 for rezoning and to
introduce the rezoning ordinance for first reading. Ayes: (5). Nays: (0). Motion carried.)
Ordinance Passed: Oc v�e..2_ ;97z Number: 42`i9
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A LETTER was received from the Metropolitan Planning Commission recommending the
approval of the rezoning of Lot 5, Block 6, Oakdale Addition to District "C" (Apartment
District). The rezoning was requested in Petition Number 3268, which was filed by
Richard Bergen. A motion was made by Commissioner Cooper, seconded by Commissioner Losik
to accept the recommendation of the Metropolitan Planning Commission and approve Petition
Number 3268 for rezoning and to introduce the rezoning ordinance for first reading.
Ayes: (5). Nays: (0). Motion carried.
Ordinance Passed: OA.Q. 2 L11,_ L Number: 72 -So
A MOTION was made by Commissioner Losik, seconded by Commissioner Ashton to set
the date of October 2, 1972, as the date to receive bids for seven police vehicles, and
to instruct the City Clerk to advertise for bids.
Mr. Harris reported this is for the replacement of 5 patrol cars, 1 station wagon,
and 1 plain sedan.
Mr. Harrison reported that on August 31, 1972 these cars had from 70,580 to
83,000 miles of service.
The Mayor called for a vote on the motion. Ayes: (5). Nays: (0). Motion carried.
COMMISSION AGENDA
THE MAYOR, with the a-pproval of the City Commissioners, made the following
appointments:
Building Code Advisory Board
Jim Swedlund, Realtor, appointed for a three year term to
June 1, 1975 to succeed Don Williams, Realtor.
Jack Gillum, Architect, appointed for a three year term to
June 1, 1975 to succeed Max Bishop, Architect.
"CONSIDERATION OF THE SALINA CITY COMMISSION ENDORSING THE SALINA DRUG ACTION
COUNCIL'S APPLICATION FOR A GRANT TO THE GOVERNOR'S COMMITTEE ON CRIMINAL ADMINISTRATION."
(Sponsored by Commissioner Caldwell)
Commissioner Caldwell commented that the Commissioners were present at the last
Citizens' Advisory Committee meeting when they endorsed the grant from the Governor's
Committee on Criminal Administration for the Youth Crisis Center. He said the Commission
has a letter from the chairman, Mr. Revels, and the Commission has letters from other
committees and consultants endorsing the program of the Salina Drug Action Council.
Mrs, Lucyle Hanson was present and asked if what they are recommending will take
taxpayers money to pay for the Salina Drug Action Council's share?
Commissioner Caldwell explained that the City would not be obligated, that there
is no City money involved.
Commissioner Ashton commented that they have been going door to door raising their
portion of the $6,000. He also said the application must be approved by the City Commission
in order to be submitted to the Governor's Committee.
Commissioner Caldwell explained that there is a possibility the Salina Drug
Action Council could use In -Kind Services, and not pay out anything. in -Kind Services
permit the applicant to show that they have actually done something toward the project.
Mr. Solomon Oliver was present and said, "There is a definite need for this type
thing in Salina, I believe; and anyone who has taken a look around can see that there is
a need for it. There are people who say that we don't have a drug problem. Well, I don't
know at what point you call a situation a problem, but I can tell you this about drugs,
the minute you have one child out here, one juvenile who lights up one joint, to the
unitiated that is a stick of marijuana. The minute you have one juvenile who lights up
that stick, you have a drug problem, because where you have soft drugs, you are going to
have hard drugs, and where you have hard drugs, you are going to have everything else that
goes along with it. Now I am not 100% sold that the program at present is the proper
program, I am not 100% sold on that; but it has to start some place and I think these
people have made a darn good start on it. Now in the 10 month period in 1971 they had
1400 contacts with people in trouble, Some of these had to be repeats because they only
reported 619 cases. Okay so you say the figures are padded, so you cut that in half,
we'll say 300 cases. That is still a lot of people in trouble who felt they had no other
place to turn, so I would really hate to see this program washed down the drain for the
lack of endorsement by the City."
Commissioner Losik said, "We have received letters from the Right Reverend
Davidson, Judge Mildred Foster, Attorney David Knudson, Reverend Ronald Balint, Reverend
Stephen C. Fink, Dr. E. Robert Sinnett, of Kansas State University, Colonel Keith Duckers,
Reverend Kenneth Yates, Dr. Paul Renich, Kansas Wesleyan University, Pastor Eldon Toll
and 21 members of the Salina Ministerial Association; and in addition to this we have the
recommendation of the sub -committee of the Citizens' Advisory Committee, the recommendation
of the main body of the Citizens'. Advisory Committee, plus the recommendation from the
Board of Directors of the Salina Drug Action Council, Inc. and Youth Crisis Center. All
of the recommendations indicate that a drug problem exists in this community, and I
therefore feel the following is in order and I make the motion that the City Commission
officially acknowledge that a drug problem exists in the City of Salina, Kansas, that
these letters I referred to be made a matter of public record to this motion and a roll _
call vote be taken on this motion. Without it we have nothing to go on." Commissioner
Cooper seconded the motion.
Dr. Osborn presented three additional letters to be included in this endorsement,
one from Bishop Vogel, one from Dr. Goering, and one from Dr. Draemel, who provided
medical assistance.
The Mayor called for a vote on the motion: Ayes: Ashton, Caldwell, Cooper,
Losik, Weisgerber (5). Nays: (0). Motion carried.
Commissioner Losik said, "John, you have hit one of the main points and I
think everybody is overlooking is that there are specifically two parts to this problem and
one can't be resolved without the coordination and help of the other. You cannot keep
bailing the boat out unless you start plugging the leak in the boat."
Dr. Osborn gave the background of their development, and said, "At one time the
St. Francis Boys' Home and the Salina Drug Action Council, Inc., were working very hard
together on a grant proposal and made an appeal for federal funds, for an institution type
thing with a physician and staff on duty. As it turned out, they gave money to seven
programs in the United States including Alaska, that year. We didn't happen to be one of
the seven. We were shooting for the moon, and the pie in the sky. We have taken a similar
proposal to the Governor's Committee in Topeka when it was first formed. It boils down to
the fact that we weren't going to get any money, we didn't have enough money, so we were
either going to do nothing, shut down the entire operation and forget about it, or we
would go ahead and try to operate on a shoestring."
Mayor Weisgerber said, "Recognizing the fact that you asked, at one time, for way
too much money and you were turned down a couple of times, and knowing the people in this
field who have the training and the know-how to operate well are not inexpensive people.
You are asking the Governor's Committee for some $18,000. Have you perhaps gone from one
extreme to the other? Are you asking for enough?"
Dr. Osborn replied, "I would certainly like to have $100,000 to operate with, but
I am interested in getting the program off, and I understand the Governor's Committee doesn't
have that much money to fund, so I am trying to ask for something to get us going. We do
feel with $10,000 we can get someone to be a paid director."
Commissioner Losik "Now that
"$10,000 a year
said, we have officially acknowledged that a drug
problem exists I would like to point out that I find we must proceed from two directions
who would have
to solve this problem, and these directions are: 1. The rehabilitation and treatment of
the persons involved which is the facility we are talking about or a facility of that
Masters Degree
the other money
type; 2. Provide adequate personnel, money and equipment to the law enforcement agency
to combat the introduction and use of drugs in this community, specifically in a pusher
this amount
and supplier end, because we must never allow ourselves to forget that drug use and
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possession are against the law. We must not provide a vehicle for continued law violations
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and I agree there should be a facility, properly organized, repeat properly organized,
to treat and rehabilitate the victims of this lawlessness. This facility should have the
endorsement of the community at-large, and must adhere to the law and should be accountable
for its conduct, action, financial and operational aspects on a plane that is acceptable for
our society. I therefore requested that our Police Chief, John Woody, and our Juvenile
Officer, Bill Keszeg, be present. I would like to ask Chief Woody to explain in his own
opinion to what degree this problem exists, and what we are basing as a yardstick. This
is not to discredit or to say that the Police have not done, in my estimation, a proper
job. This is to help evaluate with the view that there also has to be some additional
equipment, manpower and money available to continue in this area if he feels it is
appropriate."
Police Chief Woody said before he voiced an opinion, he wanted to hear from
the directors of the project, because he said he is not reasonable sure what the project is.
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Commissioner Losik asked what his feelings were from a departmental standpoint
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as to whether there are adequate people, equipment and money to handle this problem.
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Chief Woody said, "I don't think we need to add extra personnel to combat this
problem; however, we are talking about a rehabilitation problem here instead of an
enforcement problem. You know we are interested in rehabilitation, but the police's
primary objective is the enforcement... I am talking about a tremendous amount of
coordination and cooperation. I think there are some things that have to be done here.
I think it is time for the law enforcement to talk to the people on the Drug Action Council
and for the people on the Drug Action Council to talk to law enforcement and to you
Commissioners and to the community. I think it is time for everybody to get a fair and
impartial look at this thing."
Commissioner Losik said, "John, you have hit one of the main points and I
think everybody is overlooking is that there are specifically two parts to this problem and
one can't be resolved without the coordination and help of the other. You cannot keep
bailing the boat out unless you start plugging the leak in the boat."
Dr. Osborn gave the background of their development, and said, "At one time the
St. Francis Boys' Home and the Salina Drug Action Council, Inc., were working very hard
together on a grant proposal and made an appeal for federal funds, for an institution type
thing with a physician and staff on duty. As it turned out, they gave money to seven
programs in the United States including Alaska, that year. We didn't happen to be one of
the seven. We were shooting for the moon, and the pie in the sky. We have taken a similar
proposal to the Governor's Committee in Topeka when it was first formed. It boils down to
the fact that we weren't going to get any money, we didn't have enough money, so we were
either going to do nothing, shut down the entire operation and forget about it, or we
would go ahead and try to operate on a shoestring."
Mayor Weisgerber said, "Recognizing the fact that you asked, at one time, for way
too much money and you were turned down a couple of times, and knowing the people in this
field who have the training and the know-how to operate well are not inexpensive people.
You are asking the Governor's Committee for some $18,000. Have you perhaps gone from one
extreme to the other? Are you asking for enough?"
Dr. Osborn replied, "I would certainly like to have $100,000 to operate with, but
I am interested in getting the program off, and I understand the Governor's Committee doesn't
have that much money to fund, so I am trying to ask for something to get us going. We do
feel with $10,000 we can get someone to be a paid director."
Commissioner Losik asked about their plan to purchase a house and a short
discussion followed on the plans for raising the money.
Mr. Wayne Smith said,
"$10,000 a year
would probably, in my opinion, provide an
executive that could be employed
who would have
qualifications of at least a Bachelors
Degree and in all probability a
Social Work, Education. Most of
Masters Degree
the other money
in some field such as Counseling Psychology,
being asked for would go into personnel.
We are very hopeful they could fund
this amount
of money. It would provide operation for
at least a year."
Commissioner Losik asked about their plan to purchase a house and a short
discussion followed on the plans for raising the money.
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Commissioner Losik said, "This brings up this particular point. It should either
go forward or it should be dropped. Now unless you have some specific plans on how you
intend to pursue, I mean by name. In order to sell this program, from the point of
financing you are going to have to have basic organization and administration by somebody
that can follow through on that portion of it alone, just the business end of it."
Mayor Weisgerber asked if the Board of Directors is active.
Dr. Osborn replied that an amendment in their articles of incorporation provide
that any member missing three consecutive meetings will automatically be dropped. The Board
consists of 11 members and at their last meeting they had 75% attendance.
Commissioner Losik said, "I have been doing a lot of research on this. I have
talked to many people. Here are some of the questions I have been asked, and frankly in
my own mind I am not assured... Does this Salina Drug Action Council have a membership
at large of any kind? (for instance why not sell every individual you can in town a
$1.00 membership a year? This would raise a little bit of money plus there would be
support.) Do they have a current set of guildelines and by-laws they follow? Do they
have regularly scheduled meetings? Are they conducted according to the by-laws with
accurate minutes reflecting the results of these meetings being held? To whom is the
Salina Drug Action Council, Inc, accountable for its financial operations? Is the Salina
Drug Action Council, Inc., protected from a law suit due to malpractice or negligence?
If so, how? How and by whom are the directors appointed? These are some of the questions
I don't have answers to and I couldn't give answers to and I think they are valid questions,
because what we are asking now is support for this activity with public funds. The monkey
is now on our back. If we sanction it we are sanctioning it as a semi-official activity
of this community because we are the ones who are applying for this grant to give to you
people to operate on, and I think we have to have some answers we can live with."
Mayor Weisgerber asked the City Attorney about the City's liability in sponsoring
this application.
The City Attorney replied, "I have never seen the application or anything else.
You are actually acting as the sponsor to this program and make the application for the
funds and they come through the City to be disbursed to the Council, and there is some
question as to what your role is as to supervision in this whole area."
Commissioner Caldwell said there would be an agreement drawn up, which at the
end would say that they will hold the City harmless and pay any expenses which be incurred
in which the City might become obligated as the result of the sponsorship of this program.
He said, "The City is not obligated at all in this. This is a sanction. All we do is
sponsor the program. If they feel there are too many things that you put into this grant,
if they are concerned about too many things, this will have to be brought back to be gone
over again. I think we are fighting the Governor's Committee on Criminal Administration
battle here at our table. They are going to ask the same questions we are asking here,
and we are just wasting time asking those questions because if this program does not
conform to the rules and policies of the Governor' -s Committee on Criminal Administration
it will not be granted. You are not going to do down there Wednesday and get this through
unless it is right."
Commissioner Cooper quoted from the letters which were made part of the official
records earlier in this meeting. She said, "The entire theme of these letters recommends
a drug program of rehabilitation for Salina, but what is disturbing - none of these people
mention control... We need to receive a vote in writing from the Board of Directors of
the Drug Action Council that the center has mature supervision and the Board endorses the
housing arrangements that exist at the present time. I do not personally approve, but I
will accept the Board's recommendation. In addition, you need to provide this Commission
with a copy of the Board policies that outlines the rules and regulations for the Center's
operation. Agree that the center will have to meet, as others do, City Codes as far as
health, sanitation, and inspection are concerned. Have the Center staff stress the emphasis
and the importance of locating where the drugs are coming from, and some additional time
so this Commission may meet with the agent or representative of the Governor's Committee,
and to receive the records that I feel are important before we are required to make a
decision on this application."
Commissioner Ashton commented, "If we had all these questions answered they wouldn't
need the money because this is what it is going to take to answer some of these questions
to get a program started which will be effective. We go into the past of what they have
done last year, and maybe this wasn't right, maybe it was. But it is hard to look back and
not see where you have made mistakes. With the new monies that would be available under
this program, we will have people who are competent to help make these decisions, and I feel
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very strongly that if we don't endorse this program as it is today, they won't get this
application in and then we will have a problem later on, because the sooner we get some
money, the quicker we can start putting the program together that will be effective.
I feel at this time that we should go along with this program. If it is approved by the
Governor's Committee, then sit down and talk about where we have made fallacies in our
programming and change it, and try to find a house that is appropriate for the problems
over there, then we can move forward; but without money it is pretty hard to make any
program function. I just feel that the longer we detain this and wait, the harder it is
going to be."
Commissioner Cooper replied that she did not ask anything that required any
outlay of money from the Drug Action Council. She said the things she made inquiries into
are matters of administration and policy... She said, "I have gone on record as a
Commissioner being willing to support a drug program in this City. I will not be able
to do that today, until I have additional, in writing, assurances from you that you are
satisfied with that program, that you will meet the City Code and the various things I
have suggested. We had no knowledge that this item was even going to be on the agenda
until I talked with the Mayor on Friday. I feel we need more time for you to provide us
with additional information that has been requested, and also an opportunity to find out
what the guidelines are as far as the Governor's Committee is concerned."
Commissioner Caldwell said, "Commissioner Cooper made mention that she had not
been informed that this would be on the agenda. I think two years ago we were informed as
to what would be on the agenda in ample time, but the way our Commission functions now,
we send in what we want to put on the agenda Thursday prior to our meeting. We get it
Friday. There is no possible way for you to know about it if you don't come here to
discuss it. We have discussed it at the last two or three meetings."
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A lengthy discussion followed concerning the agenda and procedures.
Mr. Bill Keeler said, "I told Mrs. Cooper three months ago, when I talked to all
the officials that would be involved in this, that the investigation would be complete in
+ that time."
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Commissioner Cooper replied, "You told me Bill, and I knew you told me, but I
also knew that it was going to have to go through channels, which meant a hearing on the
part of the sub -committee, a hearing before the Citizens' Advisory Committee. The hearing
before the Citizens' Advisory Committee was last Tuesday."
Mr. Keeler said, "It was heard twice. We had two hearings. We had one a
month ago."
Commissioner Cooper replied, "You didn't have a quorum, so the next meeting
would have been the regularly scheduled meeting, which was last Tuesday. Okay, if you
go through the proper channels, you don't expect it to show up on the Commission Agenda
and expect the Commission to respond at the same time. I can't think of any other item
f in the last year and a half that has been handled in that manner."
Mayor Weisgerber stated, "I couldn't be at that meeting, but I assumed it would
be on the agenda just like we have passed a lot of things from the Metropolitan Planning
Commission who also met the same day you did, but these things come back automatically
from them so that what they do the first of the week, is on our agenda the next week.
Did Commissioner Losik call any of you over the weekend and ask for an answer to any of
these questions?"
Commissioner Losik replied, "No, but I had three of them call me."
Mayor Weisgerber said he has a lot more reservations about this program than it
may appear. He said, "I think there are two keys to it. There is no way to try them out
unless we take the chance on doing it. The Board of Directors has to be active. I don't
think it is up to this Commission to dictate to them just what they should or should not do."
Chief Woody said he keeps noticing the absence of reference to the Saline County
Mental Health or the Saline County Welfare. They have been working with this problem for
18 years... The police department and law enforcement are not against any program of the
community, but I think we must have a certain amount of Trust. Now I have heard some
distrust here and say I want to look at your hand before I play the next card and this
j sort of thing... We all look at the same problem but we all want to attack it in
different ways. I think we should learn to trust and cooperate and coordinate this effort."
Commissioner Caldwell said, "If the program doesn't function within the rules
and policies of the Governor's Committee on Criminal Administration, the Attorney General
may terminate this project at will, in whole or in part. If your program is not
functioning right you don't have to worry about it any more because it is going to be
taken care of by the State, If the program is wrong, you have no sweat, they will take
care of that. You will not be funded again. If you fail to come up with the right
credentials or the right type of bookkeeping, this can be stopped right now. This is
no play thing. Mr. Mayor, I move that the City Commission go on record in recommending
that the Governor's Committee on Criminal Administration grant this drug abuse council
application." The motion was seconded by Commissioner Ashton. Ayes: Ashton, Caldwell,
Weisgerber (3). Nays: Cooper, Losik (2). Motion carried.
PUBLIC AGENDA
None
A MOTION was made by Commissioner Caldwell, seconded by Commissioner Cooper
that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0).
Motion carried.
D. L. L. Harrison, City Clerk
City of Salina, Kansas
Commissioners' Meeting
September 25, 1972
There was no meeting of the Board of Commissioners today because a quorum was
not present. League of Kansas Municipalities Meeting in Kansas City.
2k��
D. L. Harrison, City Clerk