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04-19-1976 Minutes Organizational1 1 II City of Salina, Kansas Regular Meeting of the Board of Commissioners April 19, 1976 The Regular Meeting of the Board of Commissioners met in the Commissio Room, City -County Building, on Monday, April 19, 1976, at four o'clock p.m. The Mayor asked everyone to stand for the pledge of allegiance to the Flag and a moment of silent prayer. There were present: Mayor Robert C. Caldwell, Chairman presiding Commissioner Keith G. Duckers Commissioner Gerald F. Simpson Commissioner W. M. Usher 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: None The Minutes of the Regular Meeting of April 12, 1976, were approved as printed. THE MAYOR PROCLAIMED the Week of April 18 through 24, 1976 - "SECRETARIE WEEK", and April 21, 1976 - "SECRETARIES DAY". The proclamation was read by Donelda Summers, member of the Salina Chapter of the National Secretaries Association. THE MAYOR PROCLAIMED the week of April 18 through 24, 1976 - "PRIVATE PROPERTY WEEK". The proclamation was read by Mayor Caldwell for Neda Allison, Committee Chairman of the Salina Board of Realtors. THE MAYOR PROCLAIMED the Week of April 20 through 25, 1976 - "PITCH IN!" WEEK IN THE CITY OF SALINA. The proclamation was read by Francine Naes, Chairwoman of the "Pitch In!" Committee. STAFF AGENDA AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the control and location of mobile homes; establishing the requirements for the design, construction, alteration, expansion of new or existing mobile home parks; providing for enforcement of and prescribing penalties for violations of any provisions hereof; and repealing said original Chapter 21 of the Salina Code." Mayor Caldwell asked if anyone in the audience wanted to speak to this subject. Mrs. Frank Parks, owner of Timberline Mobile Manner, suggested the ordinance be set aside until mobile home dealers, mobile home craftsmen, mobile home park owners and any other interested people, are consulted so that rules and regulations are drawn that the City and people can live by. Commissioner Usher asked if there is any particular part of the ordinance she is concerned about? fs' 1 1 Mrs. Parks said, "The specifications for new parks to be able to back the mobile homes 12 feet apart, park side by side within 20 feet of each other, this is too close." Commissioner Usher commented that these are the minimum specifications. Mrs. Parks commented, "On the stipulations of removing gas and electric meters, when people move in over the weekend, are we going to have sery and inspectors available at that time? If heat is not available in the winter, when the unit stops moving, it freezes up in a short time, and they have to be entirely replumbed." Commissioner Usher asked if there is anything else in the ordinance she is concerned about? Mrs. Parks asked if the renters want to construct a storage building, patio cover or porch, if she is the one to get the building permits? Jim Maes replied, "That does mean that, and the main reason that was put in is because the mobile home park owner is the person who actually owns the property, and it gives you control over what is built on your property, and the owner should always sign for a building permit on their property." He also explained about the removal of the meters, and people moving in on weekends. "We have a provision for a temporary release of service being issued in case someone moves in on the weekend it can be hooked up on Saturday and then the inspector will come out the next Monday and inspect it." Commissioner Duckers asked if she could live with this situation as it was explained to her? Mrs. Parks replied, "That portion of it, yes. I could live with coming down to sign the building permits on the buildings." Mr. Kenneth Nordboe, "I would like, on Page 9, under pavement, under 4 to have that changed to when it comes to paved it says improved with asphalt, concrete, rock, gravel or suitable substitute." Commissioner Usher asked what a suitable substitute would be? Mr. Nordboe replied, "They are coming out with new stuff all the time just like some places are using ground glass, covered with tar and ashpalt, that is a suitable substitute. As it is there is no provision for anything else." Commissioner Weisgerber asked Engineering or Planning what the reasoning was to have a hard surface rather than gravel or rock? Mr. Boyer explained, "It reads they have to be paved, and once they have to be paved then they have to be paved to our regular specifications. Mr. Nordboe's request is, could we be allowed to build a park with gravel streets in it, rather than paved streets?" Commissioner Weisgerber commented, "Sometimes these face on a city street, there we require paving, but if this is off on a piece of private property where it is his own private road then what?" Mr. Boyer replied, "On city streets, we do not require paving." Commissioner Weisgerber asked, "What particular problems were you trying to avoid, by saying it would have to be paved? Say in Mr. Nordboe's park which has gravel streets, what particular problems is he going to create that he would not create if he had the hard surface? A matter of convenience or what is your reason for making this mandatory, that is what I am asking?" Mr. Boyer replied, "I don't know that he could create any problem, other than a maintenance problem for himself. Of course over a 20 or 30 year span a gravel street is probably the most expensive street that we have." Commissioner Weisgerber commented, "The original cost is a little less." He asked the staff if this request to have the provisions enlarged is considered a reasonable request? LJ 1 1 Mr. Boyer replied, "I think I would consider it reasonable in as much as we don't require it in any of the rest of town." Commissioner Weisgerber commented, "So this then, the way this is drawn would be following a different policy for a mobile home park than it would for a residence that would live on a street somewhere else in Salina." Mr. Boyer replied, "Yeah, but you might consider another factor in the mobile home park is in essence not like each individual owned property, the mobile home park is a commercial enterprise where one owner sells the service for the people who rent." Mrs. Leslie Molden said, "Section 21(2) on location of mobile homes page 2, paragraph a, 'it shall be unlawful for any person to maintain, use, occupy or lease a mobile home within the city outside of a licensed mobile home park or outside of an area zoned for that use by the ordinances of the City of Salina.' We own our home and it is on a private lot in an area zoned as residential. Does that mean that we will have to move our home from this property?" Mr. Maes replied, "No, it does not. You are what we call a non- conforming use and you can continue that use. Non -conformity goes with the property, by that I mean you can sell it, you can replace it, and there is somewhat of a legal question on replacement." Mr. Olson added, "Unless it is abandoned for that non -conforming use for a period of two years, but not indefinitely." Clifford Molden asked, "Why couldn't we get that non -conforming use written in the ordinance some way? The ordinance as I read it applies to all existing and new mobile homes, and the impression I got was that the ordinance was applying to us, it says nothing about non -conforming use." Mr. Olson replied, "I think you are redressing there, sir, a section of zoning. Non -conforming use is a section of the Zoning Ordinance whether you are talking about the present zoning ordinance or the one that is proposed. In either instance, those sections are identical to the present State Law and I think this is what is going to set precedence and what our local laws have to conform with today or will have to conform with, even with the passage of a new zoning ordinance." Mr. Leo Short asked when they are going to come to a conclusion on size. He said his mobile home is on a private lot, and he lives in a residenti area. He asked why he should be restricted if he wanted to put a double wide on his lot? Commissioner Simpson asked Mr. Short what section he is referring to as far as size requirements? Mr. Maes replied he is referring to the zoning ordinance, and it not a part of the ordinance being considered today. Commissioner Simpson said he appreciates the input on the subject because the zoning ordinance will be coming up soon, but he said we should just address ourselves to specific aspects of this mobile home ordinance. Mr. Nordboe said, "On page 10, they are talking about utility lines, were you talking about electricity from the meter outlet or are you just talking about the KP & L poles or what? I think it ought to read all the utility lines from the meter outlet for electricity, instead of for all electricity, because some lots are bordered where KP & L has their main line pole down the back. I don't know whether you are talking about the meter outlet or whether you are talking about the whole KP & L poles on that electricity." Mr. Maes replied, "It was our intention when we wrote the ordinance to just include from the meter outlet to the mobile home rather than the total electrical system in the park being underground. The main purpose was to keep the lead-in lines off the ground so they can be cut with lawnmowers, etc." 1 1 Mr. Lyle Melvin said, "Generally speaking I don't find too much wrong with this. There are some things I question, for instance, when this is passed will all the parks in town have to comply with this? I am talking as a park owner, will we have to comply with this to the wording? To the letter the way this is written? Let's take for instance storm protection." After Mr. Melvin was furnished a copy of the latest version of the ordinance, he said that takes care of that question. He asked about building streets. He said asphalt has must be bordered by concrete. "I would like to know why your city streets are not that way, but yet I have to build my park streets that way? You built new city streets recently and never bordered them with concrete. I want to know why I have to and the city doesn't on their streets." Mr. Melvin said one other question he has is on the trash cans. "They have to be put in a rack of some sort. I think this is discriminatory toward park owners and the mobile home dweller when if you live in a residential house you are not under this ordinance. As a park owner I am going to have to go out and buy 74 rack holders when this passes, and I don't have trash blowing all over my park. If it is it is picked up the same as the house I live in. I think that is discriminatory towards the mobile home park owner and dweller." Commissioner Duckers asked Mr. Maes, "What was the logic behind that?" Mr. Maes replied, "The City -County Health Department requested that this be added in, as far as their specific logic on the holders themselves I don't think I could really answer that." Commissioner Duckers asked if this is more of a problem in mobile home parks than in a residential area? "If not I would have to agree with Mr. Melvin, it is discriminatory." Mayor Caldwell asked Mr. Melvin if he thought it is a good idea? Mr. Melvin replied, "No, I don't think it has much merit, provided the cans are placed in a fashionlike manner that they aren't going to get spilled." Mr. Melvin said, "One other question I have, this is getting back to Mr. Nordboe's part here, he has gravel streets, if this goes through and this probably doesn't apply to his on the street, marks are established I think generally speaking in general terms I don't see any particular thing here we can, myself as a park owner, I really disagree with too much. There are some items that could be kind of a problem, like this trash and some of the other things I mentioned. Generally speaking it is alright. I do think we have a problem, and I know these people who own private land have talked to me about too, I know today they are non -conforming, but just because they want to have a larger house for that particular area, according to these rules they can't do it unless they would go to a permanent structure and build to the city codes. Maybe this isn't the place for it, but I think these new zoning regulatic should have some something in it that people that do own mobile homes can buy land. I don't know if this is up to someone to buy a parcel of ground, develop it in this fashion, petition the city or put the streets in and sell it for mobile homes. I can see the thought behind these people who do own their own ground and they really cannot trade for any larger mobile homes. If they want to they are going to have to trade and put it in a park somewhere, and I can certainly see their problem on this. I know they are non -conforming but also in the area of town they are living in most generally their mobile homes are much more spacious and newer and nicer and more expensive than their neighbors residential houses. It is a fine line. I can see the city's problem in trying to prepare this document and I can also see the problem of the mobile home owner that does own his land." Mr. Maes replied, "In the new zoning ordinance, there are provisions for a mobile home sub -division. Where a person does go out and develop a tract of land and then sell off individual lots to mobile home owners." Another gentleman asked if he can sell or rent his mobile home on a private lot? Mr. Maes replied it can be sold, rented, leased, etc. Mr. Mosier said, "I think we probably would have eliminated a lot of the confusion on here if we had known that the city was proposing this, and came out and talked a little beforehand, but I am making the suggestion here trying to draw up something that I can live with as a businessman and a park operator, and as a mobile home owner. This section 21-2 I think they say it is in the new ordinance, when they propose this new ordinance, that you can go out and buy a piece of ground providing it is okayed by the planning zone, so if a person does want to put in a mobile home or a double wide, he can go out and buy himself a piece of ground and put it on this location. The way that I understand this, is this correct?" Mr. Maes replied that is in the proposed zoning ordinance. Mr.. Mosier said, "Until we know that this ordinance is passed I recommend that this be struck out from this particular set of rules 21-2 a and b in Section 4, I think if this was reworded it would probably be acceptable, but to me there are too many loop holes in it." Commissioner Duckers asked, "Such as?" Mr. Mosier said, "It shall be unlawful for any person to maintain use, occupy or lease a mobile home within the city outside of a licensed mobile home park or outside of an area zoned for that use by the ordinances of the City of Salina. If I wanted to go out and buy a piece of ground and have it zoned I could put in any type of mobile home that I wanted to under this new, providing it is in the new ordinance, in their proposed ordinance. I can't do that under this because they turn them down every day. They are turning down permits every day to set a mobile home on a private lot. Right? There was one in the paper last night that was turned down on North 12th Street." Mr. Boyer said, "I think what you are saying in relation to what Jim was explaining, in the new zoning ordinance there is a provision to have a mobile home development, not the individuals go out and buy a piece of ground to put a mobile home on it. That is not in the new ordinance, but if you want to develop say 30 lots out there and make this for mobile homes only, he would be allowed to do that." it." Mr. Mosier asked, "Can you zone one one lot in an area?" Mr. Boyer said, "The whole area will be zoned before anybody purchases Mr. Mosier said, "But it isn't in effect now is it?" Mr. Boyer replied, "No," Mr. Mosier said, "But if this goes into effect on the third reading this will be in effect before this ordinance is then." Mr. Boyer explained, "But this is for controling the mobile homes to fit the zoning. When that zoning is allowed, if it is allowed in the new ordinance, this ordinance here in no way will void that." i Mr. Maes added, "Because the property will be zoned properly and then they will be allowed to use the mobile home." Mr. Mosier said, "Well, I am just a layman and I can't quite get this through my head how this thing can work this way, but this is one that I feel like should be worked over, Section a and b on this, and Section 4..." Commissioner Simpson asked what he objects to in b? 1 1 Mr. Mosier replied, "The way this is worded. It should be permissible It says except it shall be permissible hereunder for a bona fide guest of a householder to park a recreational vehicle in the rear yard of a dwelling for a period of not to exceed 15 days." Commissioner Duckers asked if he objects to that? Mr. Mosier said, "No sir, provided that such recreational vehicle may be used only for sleeping purposes or temporary storage. To me temporary storage is 15 days, right? It can only be parked there for 15 days, temporary storage during such 15 day period, and that it does not constitute a hazard or a nuisance. The way this reads, I get it that it can only be parked there 15 days." Commissioner Duckers said, "That is right, in the rear yard." Mr. Mosier said, "As a guest, not as storage. You can't park that there in storage for more than 15 days, right?" Mr. Maes explained this is only a guest's trailer, it has nothing to do with your private recreational vehicle. Mr. Mosier said, "Okay, then you can park a travel trailer in your back yard, as long as 365 days a year." Commissioner Duckers said, "That is right, if you own it." Mr. Mosier said, "Okay, let's go down to 21-4. All alterations of internal mechanical systems, electrical, gas and plumbing shall comply with city code or ordinances applicable thereto. The reasons these mobile homes are built and pass a federal code, I think this should be the federal code, because maybe our city code exceeds the federal code, which they do in some cases." Commissioner Duckers asked if they do here? Mr. Maes replied, "Yes, we have adopted MC 901 (B) or 519.1 which is code which specifically deals with mobile homes." Mr. Mosier said, "In other words all mobile momes will not exceed the federal code?" Mr. Maes replied, "The State." Mr. Mosier said, "Or the state code. The City code won't exceed Mr. Maes replied, "No. These codes deal specifically with mobile Commissioner Duckers asked, "Can you live with that, Mr. Mosier said, "I can live with that, yes sir. It is these city codes that pick you to death all the time it seems like. Okay Section 21-7 the mobile home park owner shall be responsible for the act of any agent, servent, employee or representative. I think that this is, now this means his agent which the planning board says it does. The way I understand that the mobile home park owner shall be responsible for the acts of any agent. What is an agent, servent, employees, or representatives. If an agent walks into my piece of property and performs a duty for somebody, am I responsible for his acts?" Mr. Maes explained, "This only refers to people who work for you as a manager or someone working in the mobile home park." Mr. Bengtson explained, he would not be responsible for an independent contractor. Mr. Mosier said, "But on farther down here, we are responsible for any plumber, electrician or mobile home craftsman, right?" Mr. Maes said, "If he would read the total sentence. It says that the initial securing and all connections of each mobile home be gas, liquified petroleum, electricity, water and sewerage system are performed by a licensed craftsman, etc., and that your responsibility ends, all you are being required to do is make sure that the initial hookup is done by a professional or a licensed craftsman. That is when your responsibility stops. If it is hooked up incorrectly then it becomes the craftsman's responsibility." Mr. Olson interjected, "It says in accordance with city codes and I think you wouldn't tell them to make an installation short of the code, would you?" Mr. Mosier replied, "No, I certainly wouldn't; but the thing of it is suppose I've got a buddy over here that is a mobile home craftsman or a plumber or electrician and I say we only have 2 service craftsmen in the City of Salina at the present time that performs these duties and I just want to favor one of them. I can keep everybody else out of my park except this one can't I? No dealer can bring a man in here and his men can't set this thing up. If he has got craftsmen, I say no you work won't pass my inspection. Right?" Mr. Olson replied, "You can do that as a homeowner I guess, if you wanted to, but then ..." Mr. Mosier said, "A mobile home pulls into my mobile home park, say you are a dealer in Salina and your man you have has a mobile home craftsman license. You set this mobile home up, and you get it all done and I come around and I say I don't like the way you set that up. All I have to do is call the inspector and I say come out here. This isn't going to be set up in my mobile home park this way, I want it different. That is called harrassment, see and that is what we have gone through for years and years and years, and that is what when I came up here the last time I said all I wanted was a workable plan where we could work with the city on this thing, and I think this is encouraging this type of thing. How about you Mr. Melvin, do you think this? Am I wrong on this. Does anybody else think this?" Mrs. Parks replied, "I think you are right." Mr. Mosier asked, "How about you Mr. Nordboe?" Mr. Nordboe replied, "I think you are right." Mrs. Parks said she called a craftsman 3 weeks ago this morning and asked him to come out, I was concerned about an air conditioning problem, he assured me he would be out that afternoon. As of now he hasn't even bothered to call. Mr. Jim Chase made a public appology to Mrs. Parks. Commissioner Usher said, "We are not asking you to do anything we are not asking a home owner to do, comply with." Mrs. Parks asked, "How do you get a craftsman?" Commissioner Usher replied, "You don't have to have a craftsman, if you need a plumber, you call a plumber." Mr. Maes replied, "It does not have to be a licensed mobile home craftsman, it can be an electrician, a plumber." Mr. Mosier asked if he can continue? He said, "Alright, 21-7 C providing trailer space with a minimum of 100 amp service, 2 50 amp mains within park service. I know there is probably some parking spaces that are in parks in the City of Salina, 4 or 5 years ago, when they came out with this other 50 amp service, that was the requirement at that time, 50 amp service,which we tried to upgrade all of our parks at that time, now we are having to go 100 amp service, and I so happen to have an electrician at that time who said wait until they get all these ordinances passed and then when they find out what you need then you can put in. They didn't wait that long. The city came out and arrested us, and we had to go in and we had so much time to put these 50 amp services in. They do the same thime right over here. Here not, on page 6 r)'r1 -j M V txA i_ Mr. Maes explained, "The present ordinance charges a fee of $3.35 per mobile home space for a licensing requirement. This was raised to $3.50 in the new ordinance, as an annual fee. In the present ordinance it could also be paid quarterly for for $1.35 a space." Mr. Mosier said, "Myself, I think this is taxation on top of taxation. That is my own personal opinion. On 5 A, if at any time it is determined by the City that the mobile home park does not conform to the applicable code, ordinances of the city the mobile home park owner shall be given 60 days to bring the park into compliance. Here a man has got $100,000 he owes the bank for a mobile home park and the city can come up and put him out of commission." Commissioner Duckers explained, "On down at d, Mr. Mosier, it says an additional 60 days extension may be granted by the zoning administrator in cases of undue hardship and a bona fide effort by the home park licensee to comply, so in other words you have got 120 days instead of 60." Mr. Mosier said, "That is 4 months. Is that fair? Is that fair for a young businessman to come to towm and invest his money into a piece of merchandise. It is a benefit to the community. These mobile home parks are a benefit to the community. They are a liability is the way we are getting into this ordinance, we turn an asset into a liability." Commissioner Duckers asked, "What amount of time would be reasonable to comply, if you are found in non-compliance?" Mr. Mosier replied, "Wichita gave park operators 15 years to comply with their code, either get their mobile home parks up into shape in 15 years or at the end of that period of time, quit. Salina comes out with a 4 months, 120 days. That is what Wichita did and we take a lot of our ordinances after Wichita, or a mobile home ordinance. They did that in 1950, and the mobile home parks that weren't up to code in 1965 they just closed them down. That was their agreement. The park operators got with the city and worked out this type of agreement. If they didn't have it up in 15 years that was it. I think anything is reasonable, but here the city says 120 days." Commissioner Duckers replied, "Well, I think 15 years is unreasonable. Mr. Mosier said, "It probably is, it is probably just as unreasonable as 120 days. Okay, let's go on. It just depends on what side of the fence you are on and who your banker is. Really, I don't think anybody wouldn't abide by this if they had the money to improve it they way they wanted to. Section 21-9, under E, gas meters shall be removed upon the discontinuance of service by gas service companies. plug in meters is prohibited. This is only a Salina Code. You don't run into this any place else. I never have run into this anyplace. It is just the gas inspector has got a grudge against the mobile home park operators because maybe we get a mobile home in here on Friday night and we try to help a family out with some little kiddies or something like that, and go ahead and hook it up to gas and lights. We have been doing it for years, we are not going to blow the thing up, but they come along and take the meter and the lights out. That is what they want to do, but I think it is wonderful." on the bottom of the page, mobile home park residents are given 60 days to relocate their mobile homes. The paragraph before that the mobile home park operator is given 50 days to update his mobile home park or he is charged a misdemeanor. This thing has an awful lot of teeth in it, an awful lot of teeth, and I think it is going to effect us for a long, long time. We are talking about things that is going to effect people for years. If this is the type of ordinance you want, it is alright with me, it makes no difference, only I just think we can eliminate a lot of our problems by absorbing some of these situations that are existing right now. Do you want to hear any more? Section 21-8, paragraph 2, page 6, an annual fee of $3.50 shall be paid for each available stand existing any time during the year, upon approval, applicati for a license, or relicensing. Is there any reason why a mobile home park space should be taxed for $3.50 a year?" Mr. Maes explained, "The present ordinance charges a fee of $3.35 per mobile home space for a licensing requirement. This was raised to $3.50 in the new ordinance, as an annual fee. In the present ordinance it could also be paid quarterly for for $1.35 a space." Mr. Mosier said, "Myself, I think this is taxation on top of taxation. That is my own personal opinion. On 5 A, if at any time it is determined by the City that the mobile home park does not conform to the applicable code, ordinances of the city the mobile home park owner shall be given 60 days to bring the park into compliance. Here a man has got $100,000 he owes the bank for a mobile home park and the city can come up and put him out of commission." Commissioner Duckers explained, "On down at d, Mr. Mosier, it says an additional 60 days extension may be granted by the zoning administrator in cases of undue hardship and a bona fide effort by the home park licensee to comply, so in other words you have got 120 days instead of 60." Mr. Mosier said, "That is 4 months. Is that fair? Is that fair for a young businessman to come to towm and invest his money into a piece of merchandise. It is a benefit to the community. These mobile home parks are a benefit to the community. They are a liability is the way we are getting into this ordinance, we turn an asset into a liability." Commissioner Duckers asked, "What amount of time would be reasonable to comply, if you are found in non-compliance?" Mr. Mosier replied, "Wichita gave park operators 15 years to comply with their code, either get their mobile home parks up into shape in 15 years or at the end of that period of time, quit. Salina comes out with a 4 months, 120 days. That is what Wichita did and we take a lot of our ordinances after Wichita, or a mobile home ordinance. They did that in 1950, and the mobile home parks that weren't up to code in 1965 they just closed them down. That was their agreement. The park operators got with the city and worked out this type of agreement. If they didn't have it up in 15 years that was it. I think anything is reasonable, but here the city says 120 days." Commissioner Duckers replied, "Well, I think 15 years is unreasonable. Mr. Mosier said, "It probably is, it is probably just as unreasonable as 120 days. Okay, let's go on. It just depends on what side of the fence you are on and who your banker is. Really, I don't think anybody wouldn't abide by this if they had the money to improve it they way they wanted to. Section 21-9, under E, gas meters shall be removed upon the discontinuance of service by gas service companies. plug in meters is prohibited. This is only a Salina Code. You don't run into this any place else. I never have run into this anyplace. It is just the gas inspector has got a grudge against the mobile home park operators because maybe we get a mobile home in here on Friday night and we try to help a family out with some little kiddies or something like that, and go ahead and hook it up to gas and lights. We have been doing it for years, we are not going to blow the thing up, but they come along and take the meter and the lights out. That is what they want to do, but I think it is wonderful." 3� Mr. Maes explained, "The main reason the removal of the gas meter and the electrical meter was added to the code was that we were having a problem all over the city of when the mobile home moves in, we have no way to enforce to make sure that mobile home is moved in compliance, and it is hooked up correctly. To hook the mobile home up to gas correctly, the way I understand it, the system should be presurized and checked for leaks and everything. What was happening in the past, if the gas meter was just merely slugged, the mobile home owner would come in, unslug it, it is a very simple job, all you need is a pipe wrench to unslug it, hook up his own gas. If the meter was there all they had to do was pull that out take the plug or the block out behind the meter and hook up their own electricity, and then the inspector was never called in on it, and this is merely a means to insure policing, or inspection of the mobile homes as they come in. In residential property, before you can get electrical or gas service, it has to be released by an inspection. This is merely an insurance that this happens." Mr. Leo Short, said he has worked on mobile homes in this town, and has had a mobile home craftsman license, "I do know this, I think what would be just if you wanted to do something like this, I am not a park owner but I am definitely interested in mobile home welfare, and the people who live in these homes because they fit into a category I fit into, but by the same token the home that is this lot presently meets the requirements that is required for service to this coach, or the coach couldn't exist there, now if the coach goes off, then why not bring it to the point where whatever improvements have been made on the new home that is going in there it has to be brought up to these standards, in other words like my home I have 100 amp service and presently this is adequate, at one time 50 amp service was adequate. No longer 50 amp service is adequate because of all the electrical appliances that are placed in a mobile home as it is in a residential, so consequently you have got to have more to do it, but by the same token something that I can't understand you take Nebraska, Colorado, Oklahoma, Missouri and all the states around us any coach that they build that they can't sell in that state, they can bring it into the state of Kansas, and in practically every city but the city of Salina you can set that coach up, but when you bring it into the City of Salina I have set up coaches that have like to tore these people up because it cost them a small fortune to move their coach to here and it is taped right on the side of the coach it meets the national code, like heck it meets national code, 'cause when it gets here, you have to jerk all the copper out of it, don't get me wrong, these are good ideas. You people copper plates, but by the same token you have got to put gas tops, and I have had it cost the customer as much as $175 or $180 to bring his coach up to the standards so we could pass you people's city ordinance so he could live in it in our city. I know that damn good and well that is true because I have done it too many times." Mr. Mosier continued, "To top that off, all I can say, right down here at the last of it, if you don't abide by all of these here, it says any violation of this act shall be a misdemeanor, so there you are, right there. That is the way I feel about it, and all (unintelligible) until you get this ordinance passed on the mobile homes." Commissioner Weisgerber asked staff, "If you compare this ordinance with the ordinance we have had, and you listened to the complaints today, how much do you feel adversely, or how much extra work is going to be placed on the mobile home owner by this new ordinance is one question, and another is do you feel from having listened to them that there are any changes that should be made in this? How much more complicated to them is this new ordinance when you compare with the old one?" Mr. Maes explained, "The new ordinance tightens up quite a bit on the setting up of the mobile home, how it has to be set up, and certain criteria that it has to meet when it is set up as far as electricity and gas. It tightens up on the city's capability to inspect the mobile homes and make sure the mobile home park is kept in a minimum code condition, for a minimum safe and health condition; and then it also gets into a little more restrictive new park development type code, and as far as the second part of your question, there are possibly 2 items which I personally, which I haven't consulted definitely with the rest of the staff, that could have some additional work on to clarify and possibly change somewhat, and these would be the private streets and roadway requirements, and the utility line requirements. Just more or less clarification on the utility line and what exactly we did mean on that." Commissioner Usher asked about the trash barrels? Mr. Harris replied to Mr. Melvin's question, he said, "There is a section in here that I think relates, or has basically the same requirements for all property, and it states, 'all containers whether used for garbage, rubbish or both, shall be stored housed, enclosed or secured so as to prevent spillage by wind or animals. Lids or covers unless permanently attached to containers shall be secured to the storage rack or apparatus unless containers are stored inside a room.' Now I know, I think we are all probably well aware, that this is quite a problem for privarily for the health department, because they are on the enforcement end of this refuse storage thing, and it has a number or problems. The number of personnel it requires to enforce it, but I think the requirement is basically the same for mobile home parks and for the individual residential dwelling. I believe that was your primary concern that you were being discriminated against in this requirement." Mr. Melvin asked to strike that request. Mr. Jim Chase, AAA Mobile Home Service, said, "I have a couple of comments I would like to make concerning electrical services and this type of thing, as a contractor and mobile home craftsman for approximately 2 years, the park owners have not been required to completely update their complete park all at once. It has been a practice that when a mobile home moves off, if it did not require these additional things nothing was done about it, because at one time Golden Spur would have had to spend $95,000 to come to conformity. We more or less have operated under a gentlemen's agreement that when a mobile home moved off they would bring it up to conformity and put in 100 amp service, and the other things that we have been operating under like National Electric Code and National Plumbing Code. Now concerning mobile homes coming in from out of town, the State of Kansas adopted effective September 1973 a conforming building code for mobile homes. If it qualifies for that states seal, whatever plumbing, gas, electric services that are within that mobile home does not have to be changed. Basically all that is done is the gas service is checked, to see if it holds 10 pounds of air for 15 minutes, so that we know it doesn't have a 4 ounce gas leak. The electrical service, if it has a mobile home cord that is built for mobile home use, 50 amp service, and that'is all that home requires, nothing has to happen to that cord. If the lot provides that much service by either a breaker at the pole or a breaker in the home, that conforms with the cord, nothing has to change. So the mobile homes that come in from out of town, if they have a sticker on it that says it conforms to state law that was accepted and signed by the Governor in September of 1973 and it has plactic tubing in it or whatever, as long as it conforms with the architect office in Topeka on the plans that they signed for by the manufacturer in approximately 45 states in the United States, these things do not have to be changed. All of the things that have to be changed are basically confined to mobile homes that were built prior to September of 1973, and those are in line with the National Plumbing and Electrical Codes. In the past practice in 2 years no mobile home park owner that I personally know of has been asked to upgrade his park 1000, only at the time for each lot that a mobile home moves off and a new one moves on. Now in June of 1976 HUD will become effective in this building of mobile homes on a national level, and we will have more an more conformative in all the 50 states so that eventuall, somewhere along the line anybody that buys a mobile home anywhere in the United States will have a home that is acceptable everywhere in the United States, but the controversy as I have been exposed to by home owners and park owners and dealers and so on has been not in many cases too pressing because nobody had required a whole lot of change except when a new house is put on there to see that it is safe for the occupant..." Mr. Melvin asked, "These mobile homes that has been in with 50 amp service and been passed, do we have to put another 50 amp receptical in there, when there is no plug, and another thing I wanted to ask you is what about skirting. The mobile homes that are existing without skirting, do they have to be skirted?" Mr. Maes replied, "The section of the ordinance dealing with 100 amp service does deal with existing mobile home parks and again as Mr. Chase pointed out, it was intended only as a new mobile home moves on that space will be brought up to the 100 amp service. We did not intend to go in and make the park owner put in 100 amp service for every mobile home in there only if there is a major problem in the electrical service; and the skirting requiremet deals with new mobile homes." 3 1 i. Mr. Melvin commented, "This skirting, it says in here, shall be fireproof material and I would like that stricken. I don't know why skirting should have to be fireproof material. If you are going to say that we have skirting that is plywood and vinyl, and I don't see how you could say the skirting has to be fireproof. Say all stick built houses have to have fireproof sides, it is the same difference. I would like to know the reasoning behind that." Mr. Maes replied, "The skirting requirement was placed in because of s (unintelligible) I cannot quote it right now, and in it stated that a mobile home skirted in high wind is much more stable than one without, because it only has a sideways force exerted on it, and on without skirting the force also comes from underneath and has a tendency to tip the mobile home. The fireproof portion, I can't quote exactly why that was put in there, it came from the mobile code somewhere." Mr. Melvin said he would like "fireproof" stricken. Mrs. Lola Liles asked if the ordinance says her son cannot bring his recreational vehicle into her lot and leave it more than 15 days. Commissioner Duckers asked if he lives in her home? She replied he does not, but he owns part of it. Mr. Bengtson explained he is a guest when he comes there, and the requirement would apply, because he does not reside there. Commissioner Weisgerber asked Mr. Melvin if the fireproof skirting wouldn't be an advantage if there should be a grass fire? Mr. Melvin replied he thinks this regulation is discriminatory as home are not required to have fireproof siding. Mrs. Parks asked about the proposed mobile home park subdivision. Mr. Maes said the proposed mobile home park subdivisions will allow mobile home owners to own a tract of land, and there will be a 2 acre minimum. Mr. Chase commented, "I received communication from Topeka concerning this skirting thing and it was a preliminary HUD requirement that will be in effect in June. I don't know if they have 100% set their requirement, but it is where this basically came from on this fireproof part of it is HUD prelimina rules that they have put out as to what they are looking at is rules and regulations, and I don't know if they have got it in effect or not, but if they do, that is what will have to happen anyway." Mayor Caldwell asked if there are any further comments? Commissioner Simpson said he appreciated everybody's comments on this. He said he thinks it is obvious there are some areas we need to work on in the ordinance. Commissioner Usher said he is concerned about the parts of the ordinance which might be discriminatory. Commissioner Duckers said he would like to see paragraph 4 a on page 9 include rock, gravel or suitable substitute, as suggested by Mr. Nordboe; and on page 10, IV, the phrase "from meter outlet" should be inserted. The commissioners determined the asphalt edged in concrete needed to be reconsidered. A MOTION was made by Commissioner Simpson, seconded by Commissioner Duckers that the Mobile Home Ordinance be tabled for 2 weeks. Ayes: (5). Nays: (0). Motion carried. 3# A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing and ordering certain curbing, guttering, paving, grading, water system, sanitary sewer system, and storm sewer improvements, preparation of plans and specifications, and the estimate of costs." (Engineering Project 76-601, for improvements in Twin Oaks, Key Acres 2nd, Schippel, Sullivan, and Wallerius Additions). A motion was made by Commissioner Weisgerber, seconded by Commissioner Simpson to adopt the Resolution as read and the following vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3270. A RESOLUTION was introduced and passed entitled: "WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to City of Salina, State of Kansas, an agreement covering the construction, maintenance and operation of an underground sanitary sewer pipe line across the property and under the track of the Railroad Company near Salina, Saline County, Kansas; such agreement being identified in the records of the Railroad Company as its C.D. No. 42989-5." A motion was made by Commissioner Duckers, seconded by Commissioner Usher to adopt the Resolution as read and the following vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3271. A RESOLUTION was introduced and passed entitled: "WHEREAS, UNION PACIFIC RAILROAD CCMPANY has tendered to City of Salina, State of Kansas, an agreement renewing, for a term beginning March 11, 1976, and extending to and including March 10, 1986, the contract dated August 22, 1966, covering the construction, maintenance and operation of water and sewer line encroachments and crossings, near Salina, Saline County, Kansas; such agreement being identi in the records of the Railroad Company as its C.D. No. 42989-1-C." A motion was made by Commissioner Usher, seconded by Commissioner Duckers to adopt the Resolution as read and the following vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3272. A RESOLUTION was introduced and passed entitled: "A RESOLUTION directing and ordering a public hearing on the advisability of street, water main, and sanitary sewer improvements in a certain district and giving notice of such hearing." (Curbing, guttering, paving and grading of Scott Avenue from Linda Lane to Patty Drive, water main and services, and Lateral Sanitary Sewer, requested in Petition Number 3538 which was filed by Monty Montee) The Resolution established May 10, 1976 as the date for public hearing. A motion was made by Commissioner Simpson, seconded by Commissioner Weisgerber to adopt the resolution as read and the following vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3273. A MOTION was made by Commissioner Usher, seconded by Commissioner Duckers to introduce an ordinance for first reading providing for the constructi of certain sidewalks, for the payment of the cost thereof, and how the same shall be assessed and the manner of the payment therefor. (Sidewalk on the west side of Robin Road, adjacent to Lots 6 and 7, Block 27, Key Acres Addition) Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the license fee for auction rooms or consignment auctions held within the City of Salina; amending Section 20-39 of the Salina Code and repealing the existing section" A motion was made by Commissioner Usher, seconded by Commissioner Duckers to adopt the ordinance as read and the followin vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8482. The ordinance was introduced for first reading April 19, 1976 AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE annexing certain land to the City of Salina, Kansas, in conformity with the provisions of K.S.A. 12-520". (Proposed Dow Addition). A motion was made by Commissioner Duckers, seconded by Commissioner Usher to adopt the ordinance as read and the following vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8483. The ordinance was introduced for first reading April 19, 1976. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing and ordering certain curbing, guttering, paving, grading, water system, sanitary sewer system, and storm sewer improvements, preparation of plans and specifications, and the estimate of costs." (Engineering Project 76-601, for improvements in Twin Oaks, Key Acres 2nd, Schippel, Sullivan, and Wallerius Additions). A motion was made by Commissioner Weisgerber, seconded by Commissioner Simpson to adopt the Resolution as read and the following vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3270. A RESOLUTION was introduced and passed entitled: "WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to City of Salina, State of Kansas, an agreement covering the construction, maintenance and operation of an underground sanitary sewer pipe line across the property and under the track of the Railroad Company near Salina, Saline County, Kansas; such agreement being identified in the records of the Railroad Company as its C.D. No. 42989-5." A motion was made by Commissioner Duckers, seconded by Commissioner Usher to adopt the Resolution as read and the following vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3271. A RESOLUTION was introduced and passed entitled: "WHEREAS, UNION PACIFIC RAILROAD CCMPANY has tendered to City of Salina, State of Kansas, an agreement renewing, for a term beginning March 11, 1976, and extending to and including March 10, 1986, the contract dated August 22, 1966, covering the construction, maintenance and operation of water and sewer line encroachments and crossings, near Salina, Saline County, Kansas; such agreement being identi in the records of the Railroad Company as its C.D. No. 42989-1-C." A motion was made by Commissioner Usher, seconded by Commissioner Duckers to adopt the Resolution as read and the following vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3272. A RESOLUTION was introduced and passed entitled: "A RESOLUTION directing and ordering a public hearing on the advisability of street, water main, and sanitary sewer improvements in a certain district and giving notice of such hearing." (Curbing, guttering, paving and grading of Scott Avenue from Linda Lane to Patty Drive, water main and services, and Lateral Sanitary Sewer, requested in Petition Number 3538 which was filed by Monty Montee) The Resolution established May 10, 1976 as the date for public hearing. A motion was made by Commissioner Simpson, seconded by Commissioner Weisgerber to adopt the resolution as read and the following vote was had: Ayes: Duckers, Simpson, Usher, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3273. A MOTION was made by Commissioner Usher, seconded by Commissioner Duckers to introduce an ordinance for first reading providing for the constructi of certain sidewalks, for the payment of the cost thereof, and how the same shall be assessed and the manner of the payment therefor. (Sidewalk on the west side of Robin Road, adjacent to Lots 6 and 7, Block 27, Key Acres Addition) Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: THE COMMISSIONERS CONSIDERED an application for consent to assignment of lease between the City of Salina and Javelin, Inc., to Banner Industries, Inc. of Cleveland, Ohio. The City Attorney recommended the approval of the assignment contingent on the fact that Javelin Industries be not relieved of their primary obligation under the lease, and also make it contingent upon the formal assignment being approved by the City Attorney prior to the execution by the Mayor. A RESOLUTION was introduced and passed entitled: "A RESOLUTION authorizing the Mayor of the City of Salina, Kansas, to execute a consent to the assignment to Banner Industries, Inc., of a certain lease dated October 1, 1972, by and between the City of Salina, Kansas, and Javelin Corporation." A motion was made by Commissioner Simpson, seconded by Commissioner Duckers to adopt the Resolution as read and the following vote was had: Ayes: (5). Nays: (0). Motion carried. The Mayor approved the Resolution and it is numbered 3274. PUBLIC AGENDA PETITION NUMBER 3552 was filed by Michael A. Adams, for the installati of "No Parking" signs on the east side of Brandau Road approximately the length of the Rickel Manufacturing Buildings and yard which are located on the west side of Brandau. A motion was made by Commissioner Usher, seconded by Commissioner Simpson to refer the petition to Engineering. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3553 was filed by Norman Harris and Don Williams for the approval of the plat of Country Coulb Heights Addition Number 4. A motion was made by Commissioner Usher, seconded by Commissioner Duckers to refer the petition to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3554 was filed by Bob C. Diehl, 2096 Leland Way, for the rezoning of Lots 6, 8, 10, Block 5, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, Block 8, Woodland Addition from Districts "E" (General Business) and "B" (Two - Family Dwelling House District) to District "D" (Local Business District). A motion was made by Commissioner Simpson, seconded by Commissioner Usher to refer the petition to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3555 was filed by Gary Wooster, 833 South Santa Fe, for the rezoning of Lots 1 to 9, inclusive, Block 2, Elm Grove Addition from District "A" (Second Dwelling House District) to District "D" (Local Business District). A motion was made by Commissioner Duckers, seconded by Commissioner Usher to refer the petition to the City Planning Commission. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Judy Hall, d/b/a The Breaker, 723 Bishop. (New Application). The City Clerk reported the applicant has paid the required fee and the application has been approved by the Zoning Officer, Health Department and Police Department. A motion was made by Commissioner Simpson, seconded by Commissioner Duckers to approve the license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. COMMISSION AGENDA The Commissioners brought the following items to the floor for discussion: Commissioner Duckers proposed that we draft a resolution to be signed by the members of the City Commission and Mayor, expressing our gratitude to our sister city of Lindsborg for the hospitality they extended to us on the occasion of King Carl XVI Gustof, King of Sweden's visit to Salina and Lindsborg last Saturday. I propose that this resolution be prepared so we can sign it and present it to them at some appropriate occasion. The motion was seconded by Commissioner Simpson. Ayes: (5). Nays: (0). Motion carried. F_ � 1t ORGANIZATIONAL MEETING The Board of Commissioners convened for the purpose of organizing. D. L. Harrison, City Clerk, presiding. There were present: Commissioner Keith G. Duckers Commissioner Robert C. Caldwell Commissioner Gerald F. Simpson Commissioner W. M. Usher Commissioner Jack Weisgerber comprising a quorum of the Board, also: L. O. Bengtson, Norris D. Olson, D. L. Harrison, Absent: None City Attorney City Manager City Clerk Nominations for Mayor: A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to nominate Commissioner Simpson for Mayor and Chairman of the Board of Commissioners. There were no other nominations. The Presiding Officer declared the nominations closed, and a vote was taken. Ayes: (5). Nays: (0). Commissioner Simpson was declared unanimously elected Mayor and Chairman of the Board of Commissioners. Nominations for Acting Mayor: A motion was made by Commissioner Weisgerber, seconded by Commissioner Usher to nominate Commissioner Duckers for Acting Mayor and Vice-chairman of the Board of Commissioners. There were no other nominations. The Presiding Officer declared the nominations closed, and a vote was taken. Ayes: (5). Nays: (0). Commissioner Duckers was declared unanimously elected Acting Mayor and Vice Chairman of the Board of Commissioners. The City Clerk turned the gavel over to Mayor Simpson. Commissioner Usher commented, "Here is one community that is not having a struggle deciding who wants to be Mayor." Mayor Simpson said, "Thank you very much, it has been a pleasure to serve on the Commission for this year and to assume the responsibilities of Mayor, and Bob, I think we jokingly said when you were elected Mayor last year that was for either the 3rd or 4th time and we hoped you got it right this time. There is no question that you got it right, and you have done an excellen job chairing these meetings and representing the City of Salina as Mayor, and as Bob Caldwell, and all the Citizens, I know, appreciate that very much. That is the end of the speech, are there any other items of business?" A MOTION was made by Commissioner Caldwell, seconded by Commissioner Usher that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. t D. L. Harrison, City Clerk