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07-01-1974 Minutes1'74 City of Salina, Kansas Regular Meeting of the Board of Commissioners July 1, 1974 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, July 1, 1974, 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 W. M. Usher, Chairman presiding Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. Commissioner Jack Weisgerber comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: Commissioner Robert C. Caldwell The Minutes of the Regular Meeting of June 24, 1974 were approved as mailed. STAFF AGENDA AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Zoning Ordinance Number 6613 and the Zoning District Map therein and thereby adopted and providing for the rezoning of certain property within the City and prescribing the proper uses thereof." (Rezoning of the East 325 feet of Kessler Addition to District "D" (Local Business District) as requested by Bill Chaffee in Petition Number 3377) Mayor Usher commented, "I wasn't here last week and there was some discussion regarding this and there are some circumstances that have come up I think we might discuss a little bit. As I understand it, this plat extends into the County and what we might be faced with would be setting a precedent in this ordinance in the fact that we do have a problem of police and fire protection on that particular piece of property. I wonder Bill, so that we wouldn't be placed in too precarious a position, if you might have a petition ready and file it to be annexed next week?" Mr. Chaffee replied, "It is alright with me. They (the Planning Department) said they didn't want it when I first started." Mayor Usher said, "I think there has been some confusion in communication." Commissioner Cooper asked the City Attorney if they needed to make a motion to postpone action on this ordinance until the petition is filed. The City Attorney replied, "Certainly you could table it until such time as the petition is filed, or you could go ahead and adopt the ordinance today, but you can't make it contingent upon the filing of the petition." Mayor Usher said, "I wouldn't want to delay it any, because I think they are anxious to go ahead and get started." Mr. Chaffee said, "We have been waiting 6 weeks." 17Zi Commissioner Weisgerber commented, "I do feel that it should be done, not only for the difficulty of some of the things mentioned, but for the potentia long run possibility of no assessment and taxation, not only on this property but if the situation would come up again. You could, by stretching the imagination, have a building that would be partly in the City, partly in the County, and all kinds of problems, so I think we really would like to see this all taken in to save a lot of possible problems somewhere down the road." Mr. Chaffee asked if the Commission would rather the plat be for the part of the addition that is now in the City." The Commission replied, "No." Mr. Chaffee commented, "I don't think either of the other two principal would have any objection to it. They have never voiced them, so I shall proceed to do what I can and try to get it out of the way as quickly as possible." A motion was made by Commissioner Cooper, seconded by Commissioner Losik to adopt the ordinance as read and the following vote was had: Ayes: Cooper, Losik, Weisgerber, Usher (4). Nays: (0). Commissioner Caldwell absent. The Mayor approved the Ordinance and it is numbered 8355. The ordinance was introduced for first reading January 7, 1974. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Zoning Ordinance Number 6613 and the Zoning District Map therein and thereby adopted and providing for the rezoning of certain property within the City and prescribing the proper uses thereof." (Rezoning of Lots 2, 4, 6, Block 16, Pacific Addition to District "D" (Local Business District) as requested by Francis J. Gorrell in Petition Number 3419) A motion was made by Commissioner Weisgerber, seconded by Commissioner Losik to adopt the ordinance as read and the following vote was had: Ayes: Cooper, Losik, Weisgerber, Usher (4). Nays: (0). Commissioner Caldwell absent. The Mayor approved the ordinance and it is numbered 8356. The ordinance was introduced for first reading June 24, 1974. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing and ordering certain curbing, guttering, paving, grading, water main, sanitary sewer, service lines and storm sewer improvements, ordering preparation of plans and specifications, and the estimate of costs." (Engineerin Project 74-571 for improvements in Key Acres Addition Number 2 and Lot 12 Upper Mill Heights Addition Number 2). A motion was made by Commissioner Cooper, seconded by Commissioner Losik to adopt the Resolution as read and the following vote was had: Ayes: Cooper, Losik, Weisgerber, Usher (4). Nays: (0). Commissioner Caldwell absent. The Mayor approved the Resolution and it is numbered 3190. A RESOLUTION was introduced and passed entitled: "A RESOLUTION expressing the intention of the City of Salina, Kansas, to issue Industrial Revenue Bonds for Asbury Hospital Association in an amount not to exceed $1,500,000." A motion was made by Commissioner Losik, seconded by Commissioner Weisgerber to adopt the Resolution as read and the following vote was had: Ayes: Cooper, Losik, Weisgerber, Usher (4). Nays: (0). Commissioner Caldwell absent. The Mayor approved the Resolution and it is numbered 3191. THE CITY COMMISSIONERS reconsidered a request from Radio Cab Company/ Yellow Taxi for a 150 per trip increase in taxi fares. Mayor Usher asked Mr. French what the average fare is? is $1.08. Mr. French replied it is $1.29, and the average senior citizen trip Commissioner Losik asked, "How much of the 15(t increase would go to the drivers, since they are the ones that are buying the fuel for the vehicles?" Mr. French replied, "7¢ per call, and 72O for the evening drivers because they operate on a 50% commission." 176 There was no response. The Commissioners and Mr. French discussed the economics of the taxi business, and the possibility of letting the rates float as the need might arise. Commissioner Losik commented, "I would prefer to see that portion of the ordinance changed and let them set their own rates and let them, like any other business, set them; and competition and the public will determine whether they go or don't go." Commissioner Weisgerber asked the City Manager what he foresees as a probability if the rates are removed. The City Manager said, "I would make one general observation. I haven't given that much thought to it. I would insert in the ordinance the requirement that the rates shall be filed with the Office of the City Clerk and that they would be a certain size and published in each and every vehicle. I can see a problem of being able to adjust the rates, possibly on the drivers part. This is a cash business. I don't know if you would get into something like that or not. You might be opening ... I think there should be certain rules and regulations as far as the meter and how the meter operates to keep me from taking my car out here without a meter in it, with a magnetic advertising sign on the sides of the door and pulling up in front of the bus stop or the airport, transporting people back and forth and charging whatever I think the traffic will allow. If I could set my own rates I might have a pretty good business on the side." Commissioner Cooper commented, "They have to get permits and licenses. I mentioned it earlier when they were down here asking, or I proposed it when they were here asking for their previous rate increase and didn't receive any support for it; but the fact that the rate increase was granted without any actua hard objective figures from the company. I think this is going to be a continual process. They are going to come back and for reasons that are very real to them, they are going to present additional requests for other rate increases, and we don't know." Commissioner Weisgerber said, "We get phone calls or letters from people who object to our giving a rate increase on any basis, and I think some are quite sincere, that they just simply can't afford to pay any more. It is all they can do to take a cab now, and if it goes higher, they aren't going to be able to get around. It is a difficult thing. If you don't have enough money to stay in business then there is no transportation in the City and yet if your prices are too high and people can't afford to take it, that takes you out too." "We had one suggestion that what we really ought to do is make you set your own prices and the City not regulate prices at all on the basis that who would be willing to use or not use the cabs at a certain price, plus possible competition would level the prices where they really ought to be. Maybe this is good, maybe this is bad. I don't know. How does it strike you?" Mr. French replied, 1°Well, the reason there isn't any competition. There has been competition. There have been 16 cab companies in this town. It is just economics of the thing. There just isn't that much money in it." Commissioner Cooper commented, "Apparently Mr. French, the taxicab company is plagued with a great many problems, aside from the company, and the drivers and the customers being dissatisfied, you can also include one City Commissioner on that list. I know absolutely zero about your financial operation so when you come around earlier for a rate increase, I didn't feel in a position to make a decision on your rate increase; however, I do know of my own knowledge at this point that fuel costs and the rest of it have gone up. I could see if the Commission has to be involved, and last time around I suggested we not be; but nobody agreed with me; but if the Commission has to be involved in your enterprise I could see where we might justify an increase based on fuel costs and the expenses you have that we know about. Whether you are getting the right amount of money for your trip and the right amount of money for your drivers and all your other kinds of overhead I wouldn't have any idea; but I don't believe the City Commission should be in the business of regulating your rates; but I will go along with an increase on the basis of your fuel and the fact that the drivers have to pay for it, and your repairs." Mayor Usher asked if anyone in the audience was opposed to the increase and wished to speak to it. There was no response. The Commissioners and Mr. French discussed the economics of the taxi business, and the possibility of letting the rates float as the need might arise. Commissioner Losik commented, "I would prefer to see that portion of the ordinance changed and let them set their own rates and let them, like any other business, set them; and competition and the public will determine whether they go or don't go." Commissioner Weisgerber asked the City Manager what he foresees as a probability if the rates are removed. The City Manager said, "I would make one general observation. I haven't given that much thought to it. I would insert in the ordinance the requirement that the rates shall be filed with the Office of the City Clerk and that they would be a certain size and published in each and every vehicle. I can see a problem of being able to adjust the rates, possibly on the drivers part. This is a cash business. I don't know if you would get into something like that or not. You might be opening ... I think there should be certain rules and regulations as far as the meter and how the meter operates to keep me from taking my car out here without a meter in it, with a magnetic advertising sign on the sides of the door and pulling up in front of the bus stop or the airport, transporting people back and forth and charging whatever I think the traffic will allow. If I could set my own rates I might have a pretty good business on the side." Commissioner Cooper commented, "They have to get permits and licenses. I mentioned it earlier when they were down here asking, or I proposed it when they were here asking for their previous rate increase and didn't receive any support for it; but the fact that the rate increase was granted without any actua hard objective figures from the company. I think this is going to be a continual process. They are going to come back and for reasons that are very real to them, they are going to present additional requests for other rate increases, and we don't know." 17; Commissioner Weisgerber commented, "Well, the costs are changing so rapidly. It has been just exactly 11? years and gasoline has doubled, and I don't know what your parts have done in that time." After further discussion, Commissioner Losik moved to table the request for one week to consider changing the ordinance to discontinue regulating the fares, and asked the City Attorney to look the ordinance over so he might be able to give them some input information. Commissioner Cooper seconded the motion. Commissioner Weisgerber commented, "Well one thing, if we try it, we ca try it that way and if it doesn't work, we can always go back to regulations; but then we abandon it for the time being and see how this all works out doesn't mean that regulations couldn't be reinstated in the future.1° Mayor Usher called for a vote on the motion to table the request for one week. Ayes: (4). Nays: (0). Motion carried. None COMMISSION AGENDA PUBLIC AGENDA PETITION NUMBER 3436 was filed by Douglas G. Hill, 2344 South Ohio, for the rezoning of Lots 2 and 3, Block 13, and Lots 1, 2, 3, 4, 5, 6, Block 9, Shalimar Plaza Addition from District "A" (Second Dwelling House District) to District "C" (Apartment District). A motion was made by Commissioner Weisgerber seconded by Commissioner Losik to refer the petition to the City Planning Commission. Ayes: (4). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Mid State Vending and Amusement Company, Inc., for The Light House, 671 South Broadway (New application). Don Clahane, Manager The City Clerk reported the applicant has paid the required fee and the application has been approved by the Zoning Officer, Health Department and the Police Department. A motion was made by Commissioner Losik, seconded by Commissioner Cooper to approve the cereal malt beverage license application and authorize the City Clerk to issue the license. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the Citizen's Advisory Committee recommendin that the City Commission support the Salina Drug Action Council Hot Line Proposal which is named "The Care Line". Commissioner Weisgerber said, 11But you would actually visualize that this line would deal with a great many more people who had a great many more problems than drug problems." Mr. Jones replied, "A great many more problems." Mr. Jones introduced members of the Salina Drug Action Council and the Hot Line Committee. Mr. Joe Jones read the letter from the Citizen's Advisory Committee then commented the Committee feels this program is in the interest of all the people of Salina. He said possibly in the future the organization could be supported financially by the City and County, but the Citizen's Advisory Committee is not asking the City for financial support at this time. Commissioner Weisgerber commented, 11In the information we were given on your introduction it says this proposal is limited exclusively to providing a program to handle drugs and drug related problems, and then it is assumed and designed that this program will offer help. In the rest of this you refer a lot of times to this care line as dealing with people who might have suicidal tendencies and a whole host of problems. It confuses me a little" Mr. Jones explained, "In order to apply to the Kansas Drug Abuse Commission for a drug grant, you must state in the application that it is for drug and drug related problems." Commissioner Weisgerber said, 11But you would actually visualize that this line would deal with a great many more people who had a great many more problems than drug problems." Mr. Jones replied, "A great many more problems." Mr. Jones introduced members of the Salina Drug Action Council and the Hot Line Committee. 178 Mrs. Jim Wilson of the Salina Drug Action Council said, "If you read our proposal, you know what the program is all about, the only thing it doesn't say is we intend to apply to the Kansas Drug Abuse Commission for a funded grant. In order to do this we need the City Commission approval. It is just like any other grant. We are going to ask them for $9,300 to set up our phones, get a place to operate this hot line and get into operation. The only connection the Drug Action Council has with this program is financial and public relations. After the program is adopted it is turned over to a six man program committee and then it will be put into operation. Cindy Entriken is the chairman of the Hot Llne Program Committee, and she can tell you more about the actual program." Commissioner Cooper commented, "It is a good beginning for you. I hope you are successful in your application and I hope you gain enough community support within the period of time you receive your funding, that you won't need additional tax dollars. It will be on a contribution type of basis." Cindy Entriken said, "The Chamber of Commerce has been very fine in helping to supply us with the addresses of chamber businesses and we have sent them a letter asking for donations. My committee is going on the assumption that we will get the money and that everything will work out fine, and we have started on with our jobs. Right now we are in the process of contacting doctors and lawyers and psychologists and anyone we feel can be useful as a referral. We also realized public support is very important, so we have applied for a Fair Booth. I talked with Harold Skelly and I made it clear to him we didn't have the money for the complete booth, and I got donations from the Salina Drug Action Council, so I am waiting to hear from that; but we feel this would be a good way to let the community know that we are here." Commissioner Losik said, "We might remind you that it might be very helpful to attach to your application the minutes of the meeting where this Commission took an official stand to recognize that the City of Salina did have a drug problem and I think if my information is correct it is probably the only City in the United States that has done that officially, and the comments made in Topeka the last time it was submitted, and I think they ran out of money or something back there, but they were very impressed with the fact that the City di officially take that stand, so It might be helpful to add that in with your application. It certainly wouldn't hurt." Cindy Entriken said, "Someone from the State Drug Abuse Council contacted Herb, and Herb and I are going to Topeka later this Summer or early Fall for some special training. They feel that Salina is the most active city in the State trying to combat these problems and we are supposed to receive special training on how to instruct other communities with other programs along this line." A motion was made by Commissioner Cooper, seconded by Commissioner Losik to approve the Citizen's Advisory Committee recommendation to support the application for The Care Line. Ayes: (4). 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: (4). Nays: (0). Motion carried. h� D. L. Harrison, City Clerk