04-19-1976 Minutes Organizational1
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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?
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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?
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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."
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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."
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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?
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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
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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."
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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