08-06-1973 MinutesCity of Salina, Kansas
Regular Meeting of the Board of Commissioners
August 6, 1973
The Regular Meeting of the Board of Commissioners met in the Commissioners' Room,
City -County Building, on Monday, August 6, 1973, at four o'clock p.m.
The Mayor asked everyone present 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 Robert C. Caldwell
Commissioner Norma G. Cooper
Commissioner Mike Losik, Jr.
Commissioner William Usher
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 July 30, 1973, were approved as mailed.
STAFF AGENDA
A PUBLIC HEARING was held on the 1974 proposed budget for the City of Salina.
Mayor Weisgerber asked for comments from the audience. There were none.
Commissioner Caldwell moved to accept the 1974 Budget as it was published, and
to introduce an ordinance for first reading making a levy of taxes for general revenue and
other purposes by the City of Salina, Kansas, for the year 1973. The motion was seconded
by Commissioner Usher.
Commissioner Cooper said, "I have some comments, if there aren't any from the
audience, that I would like to make before we vote on it. The law requires a public
hearing for the annual budget; otherwise we probably wouldn't have one. This is a time
when the budget may be reduced. You should know however, in the last 10 years, that is as
far back as I inquired, there has never been any appreciable reduction at budget hearing
time. The people of Salina have been notified, both officially and unofficially, the '74
budget for the city will be 7 million 615 thousand and some odd dollars. They have also
been told their tax will be less, due to an increase in assessed valuation. This is all
true. What they may fail to realize, or understand, is the 174 budget is roughly 1 million
dollars more than the 173 budget and this does not include what we have or will spend in
Revenue Sharing money at this time. Only one budget and one taxing agency for a period of
one year. A few attempts were made to try and hold local spending. This was discouraged.
It only amounted to a few thousand and obviously it was not worth the trouble. We are
told city government is big business, and the ones who tell us that do not use practical
business methods in government. Costs for municipal government has, and will continue to
increase as time and needs always require change; but we should be willing to reduce some
programs and eliminate others if we are to offset this rising cost; but many elected
officials act as if we have two forms of currency in this Country, private dollars and tax
dollars. If it is private dollars you look for ways to hold costs down, if it is tax
dollars, you look for words to justify the costs. This Commission and this community
apparently does not want less spending. That is what the majority have said, that is
what the majority will get. So ladies and gentlemen, we have one 7 million dollar plus
budget coming up."
Commissioner Usher commented it would be a lesser tax rate than last year.
Commissioner Cooper replied, "Well, this isn't due to our efforts, Mr. Usher."
Commissioner Losik commented, "I've basically something along the same lines.
Each year the City Commission holds a public hearing on the proposed budget, and each year
a few concerned citizens attend to either approve or voice their objections, but the end
result is always the same. The budget is not cut and we continue spending more than the
previous year. This year we are pleased that there will be a reduction in taxes, but no
credit is due this Commission or the staff for this reduction in taxes. This year we are
budgeting almost a million dollars over last year's budget. It is hard for me to believe
that this can all be charged to inflation. I have tried to convince my colleagues to
reduce spending, but two years of trying have failed. It will be'up to the people, up to
the people of this community to demand a reduction in spending, if this is their desire.
I therefore reluctantly approve this budget knowing that real reduction in taxes, real
reduction in taxes can only come from true reduction in spending."
Mayor Weisgerber asked for any other comments.
Commissioner Usher said, "I would like to thank the staff for the work that they
have spent in presenting this budget the way they have. I have had an opportunity to see
a lot of budgets, but I have never seen one quite .so well prepared as this one, and I am
sure they were diligent in watching the expenses and I think the main reason we have a higher
budget that we are about ready to vote on, comes primarily from the fact that we are going
to expend a sizeable amount of money for our water plant, which is a necessity, we have no
choice."
Bill Scholl asked to comment, but was informed audience comments must come
before the motion is made.
Mayor Weisgerber called for a vote on the motion to accept the 1974 Budget, and
to introduce the tax levy ordinance for first reading. Ayes: (5). Nays: (0). Motion
carried.
Ordinance Passed: Number:
Commissioner Cooper asked about the appropriate time to discuss the several items
to be reviewed before the 1974 budget is implemented, such as cemetery rates, the retirement
program, building rental fees, licenses, fees and permits, and weed mowing fees.
After a lengthy discussion, the Commission and staff determined each item would
require precise action by the Commission and should be brought up as the information on
each item is compiled.
Commissioner Cooper asked to add to the list, the registration of bicycles, and
the discussion of the City Commissioners salaries. This was agreed.
AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing
for the construction of certain sidewalks, for the payment of the cost thereof, and how the
same shall be assessed and the manner of the payment therefor." (sidewalks on East Cloud
Street and Lewis Street) A motion was made by Commissioner Losik, seconded by Commissioner
Usher to adopt the ordinance as read and the following vote was had: Ayes: Caldwell,
Cooper, Losik, Usher, Weisgerber (5). Nays: (0). Carried. The Mayor approved the
ordinance and it is numbered 8294. The ordinance was introduced for first reading July 30,
1973.
THE CITY ATTORNEY reported on a request for the payment of $1,500 to the Silver
Sabres that: "The general rule in regards to the expenditure of public funds is set forth
in McQuillin, Municipal Corporation, Section 33.19....
"Public money cannot be expended for other than public purposes. I am of the
opinion that the financing of a trip for the Silver Sabres would be for a private purpose.
As City Attorney I can only express an opinion; the final decision must be made by the
Board of Commissioners.
"Article 14a of Chapter 12 of the Kansas Statutes Annotated authorizes the City
to levy a tax for use in creating a band fund. The money received from this levy can be
used for the employment of a band in giving the free band concerts or rendering musical
services on other public occasions. K.S.A. 12-14a05 defines the meaning of the word "band"
to be a "band composed of such musical instruments as are recognized in the standard
instrumentation established for the use of U. S. Army band". I assume that the instruments
which are used by the Silver Sabres are recognized for use in a U. S. Army band. If the
Silver Sabres would qualify then the City could in the future enter into an agreement with
them for performance of certain musical functions and that a portion of the band levy could
be used for this purpose."
I9W,
Commissioner Usher commented that when he talked with Mrs. Frick, he told her he ---
felt this request would be a legitimate item under Revenue Sharing, providing the City could
enter into a contract with them, on the same basis the city contracted with the Day Care
Center and the Passport for Adventure program. "i think this would be legitimate and
I would be in favor of it, and we could at least do this somewhat immediately; then next
year if it would be the Commission's feeling, we could probably look at entering into a
contract like Larry suggested under the band levy we are allowed to make."
After a favorable discussion of the matter, Mayor Weisgerber asked what action
the Commission should take.
The City Attorney replied, "I get the concensus of opinion from the Commission
that they would like to help the Silver Sabres with approximately $1,500 if it is possible
to do, whether from Revenue Sharing or through a contractual levy through the band. If
you would let us do a little more research and come back to you with several possibilities,
I think right at this point let us look into the possibility of Revenue Sharing. We know
we have much more latitude with Revenue Sharing funds than we do with tax dollars and I
would assume this is probably the place if it is going to be made in 1973 that it should come
from there, then if you wish to do something for 1974, then we could, by contractual
arrangements through the band fund levy, do this. This would be my off hand opinion at
this point."
A motion was made by Commissioner Usher, seconded by Commissioner Losik to request
the staff to prepare different methods that the Commission could legally finance the
$1,500 for the Silver Sabres. Ayes: (5). Nays: (0). Motion carried.
THE CITY ENGINEER reported on the landscaping, sidewalk and parking improvements
around the Community Theatre building.
The City Engineer and City Manager approached the Commission bench and discussed
the improvements outlined on the map.
After considerable discussion, a motion was made by Commissioner Usher, seconded
by Commissioner Losik to authorize the City Engineer to contract with the contractor who
has a current paving contract with the City to proceed with the driveway portion of the
improvements, if he can have it completed by October 1st, (The portion marked in red on
the map) and to immediately prepare the other improvements for a bid letting.
Commissioner Losik suggested the improvements be made out of Revenue Sharing
funds until they figure out another way of funding.
The City Manager commented the recommendation of the staff would be that the
improvements be made under K.S.A. 12-6a, the special assessment bond route, as other street
improvements are made, with 100% of the cost specially assessed back against the City as
the property owner.
Mayor Weisgerber called for a vote on the motion. Ayes: (5). Nays: (0).
Motion carried.
A MOTION was made by Commissioner Usher, seconded by Commissioner Caldwell to
set the date of August 20, 1973 to receive bids for the installation of a 12 inch water
main on Wayne Avenue, from Fourth Street to Quincy Street, and to instruct the City Clerk
to publish the notice to contractors. Ayes: (5). Nays: (0). Motion carried.
A MOTION was made by Commissioner Caldwell, seconded by Commissioner Losik 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 LETTER was received from the Citizens' Advisory Committee for Community
Improvement recommending that the City Commission amend the Minimum Housing Code as proposed
by the Committee and in accordance with HUD's letter of July 17, 1973.
Commissioner Losik read a prepared statement: "First of all, I don't want to leave
any doubt in anyone's mind, I am in favor of Minimum Housing Codes, always have been,
always will be; but I think before this Commission takes any action, I would like to point
out a few parallels so that we can consistently come up and make an application here. The
first parallel is that we have been petitioned by over 2,000 people to either repeal or
place the Minimum Housing Code to a vote of the people. Now this Commission, on a split
decision, elected not to do either, based on a technicality. Now, immediately thereafter
we were asked by a few individuals to hold a special election to see if the people want a
multi-purpose building. Now we approved this unanimously even though it had been rejected
by the people at two previous elections. The third item again a parallel, this Commission
rejected, on a 3 to 2 vote, the adoption of State legislation, Senate Bill 333, because of
pending litigation. Now four of the present City Commissioners and one previous Commissioner
have been named in a law suit for failing to act on a valid petition to repeal or place on
the ballot the question of the Minimum Housing Code. Now let's look at these four items
and see how inconsistently or consistently this Commission has acted. It would appear to
me that we must set some standards here and make an equitable consistent application of
these standards when called upon to do so. Now in view of these circumstances, what can
we do about the Minimum Housing Code, or should we take the same action we did on the
other, because we are in litigation. Now how do we handle this? We have a problem! You
are exempt, Bill."
Commissioner Usher commented, "I am sorry you didn't open your remarks by saying,
'In my opinion'."
Commissioner Losik replied, "I think I can place my own words in my own mouth. I
say not only in my opinion, but the facts remain there, I have a summons here the same as
the others."
Commissioner Usher said, "I don't see your parallels at all."
Commissioner Losik replied, "Well, if we reject one area because of litigation
we are involved in litigation here, what do we do with this thing?"
Mayor Weisgerber commented, "I think when the Minimum Housing Code was turned
down - the request to have a vote on it - that we said at that time that we would welcome
a test of it to be sure where we were, and I still feel that way. I think this may be all
for the best. We will find out whether we are right or whether we are wrong, but even
before that time we asked, through the Citizens Advisory Committee and the number of
hearings they had, that if this thing was wrong to come up with proposed changes. I
recognize that if we go into court, and if it would have to go to a vote, the legal
phraseology used in the ballot will be exactly as our present law is; but at the same time,
I think we have been responsive to the people in listening to what their main actual
objections to this Minimum Housing Code were, and having it properly processed through the
Citizens Advisory Committee in an effort to remove the most objectionable clauses and also
to clarify this thing in the people's mind because at the time the petition was circulated,
there was so much misunderstanding and so much misinformation. I think we are trying to do
two things here, I think we have tried to correct the part of it that was sincerely the
most objectionable to the people, and at the same time we tried to instruct people in
what this law really is and how it really operates and to correct some of this misinformation
that was given at the time the petition was circulated. The court proceedings are all to
the good as far as I am concerned. We will find out just where we stand on this particular
score, but I don't see where that would prevent us from attempting to correct, perhaps is
the word, the Minimum Housing Code. This was the pledge that we made at the time. I think
we are really obligated to carry the recommendations of the Advisory Committee."
A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to
instruct the City Attorney to prepare the required ordinances to amend the sections of the
Minimum Housing Code, as recommended by the Citizens' Advisory Committee.
Commissioner Cooper commented, "I am willing to make the changes that HUD stated
was permissible to the Minimum Housing Code, and to begin with, they are pretty mild changes
in terms of, if you are talking about the areas that appear to give the most controversy
before changes were considered. If it improves and makes the Minimum Housing Code that much
more acceptable, find, this is the whole point of the corrections, but I really believe what
the people of this community should accept is the fact that if we are going to receive HUD
funds we are going to have to have this Minimum Housing Code. Now that is really the only
choice that is open to us. We either accept this Minimum Housing Code or we are refused
HUD funds because the community does not qualify for HUD funding. I still believe that the
people of this community are entitled to vote on whether they want HUD funding or not. I
think that is the decision that is in front of us, but I would be willing, if it would help
the Minimum Housing Code to make it that much more acceptable to vote the changes."
Commissioner Cooper asked the City Attorney about how much time would be required
to draft the required ordinances.
The City Attorney replied, about 30 days.
Mayor Weisgerber called for a vote on the motion. Ayes: (5). Nays: (0).
Motion carried.
COMMISSION AGENDA
None
The Mayor welcomed a scout from Troop 23.
PUBLIC AGENDA
PETITION NUMBER 3340 was filed by Dr. Robert D. Henson, for the rezoning of Lots 4
and 6, Block 6, Bonds Addition, from District "A" (Second Dwelling House District) to
District "DD" (Office District). A motion was made by Commissioner Losik, seconded by
Commissioner Usher to refer the petition to the Metropolitan Planning Commission. Ayes: (5).
Nays: (0). Motion carried.
A CEREAL MALT BEVERAGE LICENSE Application was filed by Michael J. Meysenburg,
d/b/a The Village Gate, 1329 East Iron Avenue. (New application). The City Clerk reported
the applicant has paid the proper fee, and the application has been approved by the Zoning
Officer, Health Officer and the Police Department.
Commissioner Cooper asked if the rules and regulations are explained to each new
applicant when they come for application forms. She was informed they are.
A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to
approve the license application and authorize the City Clerk to issue the license.
Ayes: (5). Nays: (0). Motion carried.
A MOTION was made by Commissioner Losik, seconded by Commissioner Usher that the
Regular Meeting of the Board of Commissioners adjourn. Ayes: (5). Nays: (0). Motion
carried.
D. L. Harrison, City Clerk +