03-05-1973 MinutesCity of Salina, Kansas
Commissioners' Meeting
March 5, 1973
The Regular Meeting of the Board of Commissioners met in the Commissioners' Room,
City -County Building, on Monday, March 5, 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 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
Norris D. Olson, City Manager
D. L. Harrison, City Clerk
Absent:
None
The Minutes of the Regular Meeting of February 26, 1973, were approved as mailed.
Mayor Weisgerber commented that on his noon news program, Paul Harvey announced
that Mr. and Mrs. William Argyle, # 3 College Court, are celebrating their 70th Wedding
Anniversary, and extended congratulations to them.
Mayor Weisgerber welcomed three City Commission candidates, Harold Fitzpatrick,
Bill Usher, and Wayne Johnson to the meeting.
STAFF AGENDA
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing
for the vacation of a part of Ash Street in Elm Grove Addition to the City of Salina,
Saline County, Kansas." A motion was made by Commissioner Ashton, seconded by Commissioner
Losik to adopt the ordinance as read and the following vote was had: Ayes: Ashton,
Caldwell, Cooper, Losik, Weisgerber (5). Nays: (0). Carried. The Mayor approved the
ordinance and it is numbered 8277. The ordinance was introduced for first reading
February 26, 1973.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing
for the vacation of a certain alley in Elm Grove Addition to the City of Salina, Saline
County, Kansas." A motion was made by Commissioner Losik, seconded by Commissioner
Caldwell to adopt the ordinance as read and the following vote was had: Ayes: Ashton,
Caldwell, Cooper, Losik, Weisgerber (5). Nays: (0). Carried. The Mayor approved the
ordinance and it is numbered 8278. The ordinance was introduced for first -reading
February 26, 1973.
THE CITY ENGINEER filed Estimate Number 1 for Engineering Project 72-551, Part I ,
for water and sewer improvements in Parkwood Village Addition, for Earth Excavation, Inc.,
in the amount of $21,173.84.
Commissioner Losik asked the City Attorney if, because they approved the blanket
expenditures at the first of the year, the engineering estimates had to be put on the agenda
and approved individually. The City Attorney replied that they would have to be approved
as they are filed because they are an expenditure not in the regular budget and they are
paid for by special assessments; or the Commission could authorize payment up to the contract
amount at the time a contract is let for the improvement. It could not be a blanket motion
to cover all contracts that might be let throughout the year.
A motion was made by Commissioner Losik, seconded by Commissioner Cooper to
approve the expenditure of funds not to exceed the total contract which was originally
approved by the City Commission for Engineering Project 72-SS1, Part I. Ayes: (5). Nays: (0).
Motion carried.
Commissioner Ashton asked for clarification as to how the Commission would know
that Engineering had examined the estimate to see that it is completed to a certain percent
so that the money is not paid out for work that has not been completed. The City Attorney
explained that the City Clerk would not pay these estimates until they have been approved
by the Engineer, and the Engineer is supposed to check it and make sure the work has
actually been performed.
THE CITY ENGINEER filed Estimate Number 1 for Engineering Project 72-552 for
sanitary sewer improvements in Brown and Brown Addition and 81 Drive-in Theatre, for Earth
Excavation, Inc., in the amount of $1,121.89. A motion was made by Commissioner Losik,
seconded by Commissioner Caldwell to approve all payments to the contractor up to the
contract amount after the City Engineer has checked the estimate and approved it for
payment. Ayes: (5). Nays: (0). Motion carried.
Commissioner Ashton asked if the contract for this project would be completed
before the theatre opening date. He said the Health Department would not allow them to
open unless this has been completed prior to their opening date. The City Engineer said
the contractor is not on schedule, because the weather has set them back quite a bit, but
they would do all they could to get the sewer completed prior to the theatre's opening date.
A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing
execution of an amendment to Annual Contributions Contract," which is amendment number 1
to the Annual Contributions Contract KS - 1029, Project Number KANS-38-2, approved by the
City Commission on December 11, 1972.
Commissioner Cooper asked for an explanation about this amendment.
Mr. Worth, Urban Renewal Director, explained that it is necessary because HUD
sent obsolete forms, and those were the ones which were used.
Commissioner Cooper asked what obligations they have outstanding other than the
present one of acquiring the FHA properties.
Mr. Worth replied they have none.
Commissioner Cooper asked about the interest rate, the amendment deletes the
6% interest rate. She asked where this places the Urban Renewal Agency? Mr. Worth replied
that it refers to a minimum interest rate there, and that is now 5z%, so it would not
adversely effect them.
A motion was made by Commissioner Ashton, seconded by Commissioner Losik to adopt
the Resolution as read and the following vote was had: Ayes: Ashton, Caldwell, Cooper,
Losik, Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution and it is
numbered 3137.
None
COMMISSION AGENDA
PUBLIC AGENDA
A REQUEST was received from the Salina - Saline County Joint Board of Health
for the adoption of a Resolution by the City Commission for the approval of a contract
for services between the Salina - Saline County Joint Board of Health and the State
Department of Social Welfare of Kansas.
Mr. Garth Hulse, Director of the Salina - Saline County Joint Board of Health
explained that the resolution approving the contract is,a necessary thing, so the Health
Department can be reimbursed by the State Department of Social Welfare for providing a
yearly physical assessment of any A.D.C. child in the County between the age of 1 month
and 6 years.
A motion was made by Commissioner Losik, seconded by Commissioner Cooper that a
Resolution be introduced and passed entitled: "A RESOLUTION approving a contract for services
between the Department of Social Welfare of Kansas and the Salina - Saline County Joint
Board of Health," and the following vote was had: Ayes: Ashton, Caldwell, Cooper, Losik,
Weisgerber (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered
3138.
PETITION NUMBER 3309 was filed by Rosa Lamer, against the curbing, guttering and
paving of Otis Street between Fourth and Third Streets. A motion was made by Commissioner
Cooper, seconded by Commissioner Caldwell to refer the petition to the City Engineer to be
checked. Ayes: (5). Nays: (0). Motion carried.
PETITION NUMBER 3310 was filed by Walter Wright, for the rejection of the rezoning
of land lying east of Ohio Street, between Jewell and Republic Streets, for business
purposes.
I Mayor Weisgerber explained that this petition will be referred to the Metropolitan
Planning Commission for consideration,
Mr. Wright said he understood there would be no action taken on it this afternoon,
so there would be no reason to make any statements at this time.
Several signers of the petition asked questions concerning procedures of the
City Commission and Metropolitan Planning Commission on rezoning requests. Procedures
were explained by the City Manager and City Attorney.
A motion was made by Commissioner Caldwell, seconded by Commissioner Ashton to
refer the petition to the Metropolitan Planning Commission. Ayes: (5). Nays: (0). Motion
carried.
PETITION NUMBER 3311 was filed by Lyle Melvin, Jr. for the approval of the
preliminary plat of all that part of the NE, of Section 22-14-2, West of the 6th Principal
Meridian in Saline County, Kansas, lying East of Centennial Road, and South of Republic
Avenue, and West of Cherokee Street, containing 30 acres more or less, all of which is
hereafter referred to as Prairie Village Mobile Home Park. A motion was made by Commissioner
Ashton, seconded by Commissioner Losik to refer the petition to the Metropolitan Planning
Commission. Ayes: (5). Nays: (0). Motion carried.
A REQUEST was received from James W. Briscoe, Temporary Chairman of B.A.C.O.S.,
for time to present petitions, affidavits and a written request for the allocation of
Federal Revenue Sharing Funds to finance a Human Relations Commission in Salina.
Mr. Briscoe presented the City Commissioners with copies of a petition entitled:
"We, the undersigned, petition the Salina City Commission to allocate Federal Revenue
Sharing Funds for the establishment of a Human Relations Commission and staff," which was
signed by 396 people, affidavits of discrimination in Salina, and a request for $20,000
of Federal Revenue Sharing Funds.
Mr. Briscoe explained an ad hoc committee of concerned people met and planned to
seek community support for this Human Relations Commission request for Revenue Sharing Funds
from the Salina City Commission to be used to establish a Salina Human Relations Commission
and staff to investigate and process complaints of discrimination against minority people
and women living in the Salina city limits. The length of the project would be indefinitely,
and would be administered by a Human Relations Commission of 7 members. He explained the
rationale for the request: "The practice of policy of discrimination against individuals
by reason of race, sex, religion, color or national origin should be of concern to the City
of Salina because such practices are a menace to the basic foundations of freedom. Men have
died in their struggle against the practice of racism by individuals and institutions in thi$
society. Racial discrimination has been endured by minority people for generations, but
cannot be tolerated in the years to come.
"Minority people and women in Salina have faced discrimination in employment,
housing, education, businesses and police procedures. Whether the cause of this discrimination
is the result of accidental behavior or purposeful acts, the Salina City Commission and every
citizen in Salina, must take positive action to eliminate the human waste and suffering that,
Salina's minorities face as a result of institutional racism and individual race prejudice.
Granting funds to establish a Human Relations Commission with adequate staff and budget to
enforce laws that protect the rights of minorities in employment, housing, education,
business, and police procedures would provide the necessary direct, positive action to
effectively fight discrimination in Salina.
"Preventative action is generally the best solution for human relation problems.
A Human Relations Director and staff would provide leadership in developing affirmative
action hiring -firing policies through the local Chamber of Commerce, on the job training
and fostering of apprenticeship programs that could raise the level of employment in Salina."'
The supporting agencies of this request are: Black American Citizens Organization
of Salina, G. I. Forum (Men's and Women's Auxiliary), Salina Human Relations Committee,
Kansas Wesleyan Black Student Union, Martin Luther King Child Care Center, Kansas Commission
on Civil Rights, Women's Political Caucus.
Mr. Briscoe said, "After studying the Revenue Sharing Bill we thought that
Section 103 sub -section G or A might fit in the area we are talking about insofar as
allocation of funds to staff and develop a Human Relations Commission."
The Chairman of the G. I. Forum of Salina said, "We had to file three complaints
of discrimination in Salina. We had many more. When we'do this, we have to get State
people from Topeka or Wichita to process these complaints, and it takes from six to eight
months to finish this complaint; so you can realize the expense and leg work that is
involved in this type of thing. I believe that an office of this sort, that Mr. Briscoe is
talking about, would be a good thing. It would eliminate the expense and at the same
time Salina would be solving its own problems, as it should be, and which other cities
are doing."
Mr. Tony Lopez said, "I would like to present you with a copy of a letter that I
have written to each one of you and some documents relative to some of the experiences I
have had as the former director of the Hutchinson Human Relations Commission and currently
the Executive Director of the Kansas Commission on Civil Rights. I an here today to support
Jim Briscoe and the other organizations here in Salina, in achieving the establishment of
a Human Relations Commission with a full time, paid staff with enforcement powers in the
areas of employment, public accomodations and housing. I have submitted, in this packet
of information to you, a model ordinance, which was adopted by the City of Hutchinson in
1970. I have also included a format developed by the State of Maryland in establishing
Human Relations Commissions. Currently there is a Senate Bill, Senate Bill 223, sponsored
by Senators King and McCrae from Wichita, allowing cities, by statute, to establish Human
Relations Commissions and seek enforcement of their orders in the appropriate court of law.
I think that what we are now seeing in many cities in Kansas is this movement towards a
locally established Human Relations Commission to deal with the problems on a local level."
Mayor Weisgerber commented the Commission is getting more and more applications
for part of the Revenue Sharing Funds. He said it is going to be very difficult to
allocate those funds to the best advantage.
Mr. Briscoe commented, "After reading this bill on Revenue Sharing, I see that
a portion of this is supposed to be used for social services for the poor, and aged and
etc."
Mr. Cornel Hutton, vice president of the Salina Black American Citizens
Organization said, "I would just like to say this - I am from New Jersey, and I have been
here since September - we tried to get a Human Relations Commission, and initially, when
we asked for it some of these same attitudes that I see from you were demonstrated by the
people. Let me say this, don't put Salina or the black people in Salina in a position
where they have to attack you to get what is theirs. Do you understand? If a riot broke
out in Salina, you might have to pay $40,000 to have these policemen here working overtime
to resolve this problem. If they started burning downtown down, then you would say, okay,
now we are going to get some money from somewhere to stop these people from acting a fool;
and I see it. I saw it in the North. It happened in Detroit. They say they don't have
the money, so when the fires start to come then all the money comes. Don't let that
happen here in Salina. You say Salina is a city on the move. It is a city on the move
for white people, not the black people. You are not doing anything to help the people
down on the north end that have to work two jobs. They can't sit down there and help
their own family, and these people get tired of this. More and more young black people
are going to come to Salina from other cities. We have seen what Revenue Sharing Monies
can do. We are going to want that to happen here because many of us are going to want to
settle here. There is one thing the white people here are going to have to realize -
you are never going to get rid of us, regardless of what you do, regardless of where you
try to put us. We are asking that you take the money that we paid as taxes and let us
use some of the money to help ourselves. Don't take the revenue sharing money and help
these people up on the hill, or help them somewhere else. We have problems too and it is
time we start demanding you start using our money, use our money to help us, don't keep
helping yourselves. All I can say is this, if you don't do it within the next three or
four years you are going to have problems, that is all I can say."
Mayor Weisgerber replied, "To that, I would have to say that I have a lot more
respect for our black community than you would indicate."
Mayor Weisgerber asked why the N.A.A.C.P. was not on the list of supporting
agencies for the request.
Mr. Briscoe replied they received a letter to the effect that the Salina Branch
of the N.A.A.C.P. is willing to abide by the Civil Rights Commission as set up by the
State of Kansas, not to duplicate the set up by the City of Salina, and asked that their
name be removed from the list.
Rev. J. E. Jones, said he would like to clarify the letter. "It seems to me
there is quite a misunderstanding. I talked with some of the members who were present,
they said they didn't vote like the letter says, they only left it up to the individual
to sign the petition. I endorse what is being recommended here this afternoon, also the
Commission which handles the fair housing, the Human Relation Commission, we endorse it.
Now the reason we endorse it, we are not legally authorized to handle what they are
recommending here, any further than just to be an arbitrator, a go-between.. We only can
work in the area of housing, and I think these people have worked hard and have proved to us
that we do have this existing in our city. Now for some reason and I can't explain it, we
have not been able to process any more complaints. Well, I was told the people don't know
we exist, and that perhaps is true."
Mayor Weisgerber asked, "Is $20,000 a figure that is out of line in comparison
with the number of complaints that you have found it necessary to file with the State? Or
would it be a more practical thing to use facilities that already exist, and are available,
or is it less expensive for Salina to have its own setup? Does the State have people that
do this? Don't they come out here? Aren't they available to you?"
Mr. Lopez replied, "I'll speak to that Mr. Mayor. Yes, we do have a number of
investigators that work in this area. We currently have 9 field representatives for the
entire State of Kansas. We are currently with a back log in excess of 150 complaints.
They are just sitting up there, we haven't served them yet, and I explained to you earlier
that we are currently 10 months behind on our work load. I would like to make something
very clear at this time and I think we have kind of skipped over it - to establish a Human
Relations Commission, like I proposed to you in my packet of materials, you would establish
an enforcement program and an educational program. The primary function of the Commission
would not be just complaint taking, a Human Relations Commission can do many things for a
community, set up educational programs, run community action programs, this type of activity,
It is a catalyst for change in your community, and it is located in an excellent position,
down in City Hall and I would like to make some comment relative to some statements made
that there were only three complaints. When I went to Hutchinson there were a number of
people saying there is nothing for him to do, we don't have that many complaints, but
just my existence there generated activity. I didn't go out and seek complaints, but I
ended up with 88 informal and 27 formal complaints, and we did litigate on some of these,
and this is in an eight month period of time. This is a lot of complaints for a local
community."
Mayor Weisgerber asked Mr. Lopez if the State is going to do something to beef up
their department with some of their Revenue Sharing Funds.
Mr. Lopez replied, "Not to my knowledge."
Mr. Lopez explained, "Currently there are 2 amendments to the Kansas Act against
discrimination, expanding the areas of discrimination to the physically handicapped and the
blind. There are approximately 200,000 physically handicapped in Kansas. This exceeds our
current constituancy of blacks, browns, and Indians. These are the primary sources of our
complaints now, so it is a possibility of doubling our complaint load because of some added
amendments to our law, and it would even make local Human Relations Commissions establishment
much more crutial as far as getting to the complaints quicker."
Mr. J. Q. Rodrigues said, the G. I. Forum was started here in 1958, and since than
time it has taken a very active role in trying to alleviate some of these problems just
through conciliation and pursuasion. There are individuals assigned to the purpose of
dealing with these problems. We always tried to settle them before we forwarded them to the;
Kansas Commission on Civil Rights.
Laaman Handy said, "I filed my complaint in 1972 against a local bank. It is now
1973, going on a year and I haven't had anything done about this yet; so if we did have one
here in Salina that problem could have been taken care of a long time ago, and there is a
definite need, and this is only one incident that has happened to me along the line of
seeking a job. I have had this happen twice, as far as discrimination to get jobs."
Cornel Hutton spoke again, "You mentioned something after I got through as far as
your attitude might be different towards blacks than what I feel it is, and I agree with
you. I think it is one of the biggest problems of the black people here that they let you
get this attitude. This is why they are willing to sit back and take the demeaning jobs
the people offer here in Salina. This is pretty funny. I am a student at Kansas Wesleyan
and I see a tremendous power loss between black students and white students at Wesleyan
as compared to the ones at Marymount; and real quickly I'll say this, the nickname of the
Marymount team is the Spartans, and that is just what they are. The black students, men
who go out there, they are the gladiators for their white cause, and this is why the whites
and blacks at Marymount are able to get along because the black people there are doing
something that the people want them to do. They are going out and winning games. This is
why more money is going to Marymount from the people up on the hill than what is going to
Wesleyan. The black students at Wesleyan are just like the black students here in Salina -
they are everyday people, and you fail to realize that you have to deal with us also. I
see Mr. Caldwell sitting up there, and I imagine you and him are good friends because you
and him communicate. You and him can get along, but what about the people that are down
here in the north end, these are the people that you leave out. Here in Salina they are
starting what is known as Project Equality for any of you who don't know, I wish that all
the members of the City Commission, the next meeting will be the 22nd of this month at
7 o'clock in the United Methodist Church. This isn't started by black people. It was
started by concerned white people who realize that there is discrimination here in Salina,
and what they are going to do - they are going to go into these businesses that are not
hiring black people, to the banks that are not hiring black people, and if they don't
start hiring a certain percentage, they are going to withdraw their accounts. So you know,
people here in Salina, even if you don't, realize that there is a social problem. Go down
to Central High School, ask the teachers, talk to some of the students, you will realize
that there is an important need for a Human Relations Commission here in Salina...If you
would do more investigation you would realize the extreme importance of this Commission."
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Marilyn Parker said, "I want to say, I do not think Salina is a city on the move,
and until the whites wake up here in Salina and stop paying the blacks so cheap."
Laaman Handy spoke again, "I don't think the important thing here is whether the
black organizations are listed on paper, I think the important thing is your 396 signatures
that you have on the petition. It doesn't matter if the N.A.A.C.P. is in agreement with
B.A.C.O.S."
Theda Brown, Chairman of the Commission in Hutchinson, said, "One of the reasons
I would like to tell you that you need a paid Commission in Salina is that I was a member of
the Mayor's forum for equal opportunities, and we were sort of an ad hoc committee that
sat around in a room and discussed the social problems in Hutchinson with each other, and
we were all working people and as a result we would meet in the evenings and spend most of
our time talking with one another about what the problems were and what we would like to do
to get them done, because we were working people the only time that we had was evenings.
We soon realized after about nine months of that that we really weren't getting anywhere
and the people we were supposed to be representing were becoming more frustrated because
we weren't doing anything and they looked on us as one more group that the whites had
appointed to keep the tension down, while all the while tension was building because we
weren't doing anything. We realized that what we needed was a paid director so that he could
do the same things during the day when things happen. When somebody comes to him with a
complaint he can take care of it immediately. They don't have to wait until 10 o'clock at
night and find somebody at home or tell them about it on the telephone, plus the fact that
those kinds of committees can't really do any more than any one of the other people in the
community. Another thing it does, it creates a sort of 'Where shall we go?' atmosphere;
if I have a problem, do I call you or you or you, who do I call? There needs to be one
central place, a clearing house, where everybody understands that if they have any kind of
problem, they know just exactly where to go and who to talk to and feel with some kind of
certainty that that person can help them, otherwise the tension will build in Salina, just
as it would any place else. It frustrates the people not to have anybody hear what they
have to say."
Mr. John Davis, Director of the Hutchinson Human Relations Commission, said, "I
would like to preface my remarks by saying that any community that has a significant
minority population definitely has problems, and it is very difficult in this day and age
for minorities, what with TV and all, to sit around and watch other communities progress
and watch other communities that have the where -with -all to deal with their problems and
be powerless in their own particular community. I think it goes without saying that there
is discrimination and racism prevelent in almost every community, and the problem goes
beyond just dealing with civil rights complaints, the problem engenders a lot of other
things."
Mr. Davis talked about programs to train minority people so they could qualify
for particular kinds of positions. He also talked about a neighborhood health care center
they are working on for Hutchinson.
Commissioner Ashton asked Mr. Davis if they are presenting a request to the city
commission at Hutchinson for Revenue Sharing Money. Mr. Davis replied that they have a
budget from the city that is part of the regular appropriations. "It is part of the
regular city budget, and any special proposals we may write for certain kinds of projects
would have to be cleared through the city commission and we would specify the funding
source in which we base the funds, but we haven't presented any formal proposals except
the one for $5,000 for a transportation survey. Most of the rest of the things, we are
putting together out of our current budget."
Mayor Weisgerber asked about the percentage of the population in Hutchinson that
are minorities. Mr. Davis replied, "I think it is about 8 or 9%. On a percentile basis,
it is pretty close to the same as Salinas. I might add that there are 22 communities
in Kansas that have Human Relations Commission, 5 of which have paid staffs and many are in
the process of putting together proposals for paid staffs."
Commissioner Caldwell commented, "Mr. Mayor, I think it would be rather obvious
for me to make a proposal at this time. I would like to say that this will be given
consideration, but I would not like that to come from me at this time."
Commissioner Losik said, "I know that Bob is in an awkward position to recommend
something like this. I don't mean this to take and make levity of a serious problem, but
this Commission has, on numerous occasions,been split on a 3 to 2 vote, this is one I agree
with Bob 1000 on. I think he agrees with me 100% on this. I would personally like to say
the same thing he would like to say, and I will say it, that I as one will support and give
a very high priority to this particular program. I will do it with the hope that the rest
of them will, because I know that these are things that we need to accomplish here for the
betterment of all of the people of Salina, all of them. These things should be accomplished,
not by threats of violence, but by access to officials who have compassion and recognize
that this is a human thing that should be done. There is only one thing that we do ask
for and this is not in the form of a stall. We do need to get together and establish
our priorities for this Revenue Sharing Fund that you people are asking for a part of.
We have established nothing on it. We have been accepting applications. Again I for one
feel very strongly for your program and will support it. Mr. Mayor I move that we approve
to accept this with the recommendation that we look at this very strongly as any of the
other people programs that are being submitted to us. A city is people, without people
you have no cities. Buildings, streets, roads, they are material things. They come and go.
What we do for our people is going to make this city a city on the move. That is my motion
Mr. Mayor, that we accept this request and give it very good consideration - strong
consideration, in the same manner that we did for the other people programs that were
submitted to us."
The motion was seconded by Commissioner Ashton. Ayes: (5). Nays: (0). Motion
carried.
A MOTION was made by Commissioner Losik, seconded by Commissioner Cooper that
the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0).
Motion carried.
D. L. Harrison, City Clerk
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