Loading...
05-03-1976 MinutesCity of Salina, Kansas Regular Meeting of the Board of Commissioners May 3, 1976 The Regular Meeting of the Board of Commissioners met in the Commissione s' Room, City -County Building, on Monday, May 3, 1976, at four o'clock p.m. The Acting Mayor asked everyone to stand for the pledge of allegiance to the Flag and a moment of silent prayer. There were present: Acting Mayor Keith G. Duckers, Chairman presiding Commissioner Robert C. Caldwell 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: Mayor Gerald F. Simpson The Minutes of the Regular Meeting of April 26, 1976, were approved as printed. THE MAYOR PROCLAIMED Saturday, May 8, 1976 - "POPPY DAY". The proclamation was read by Mrs. Fern Hanschu, Poppy Chairman of the American Legion Auxiliary. THE MAYOR PROCLAIMED the Week of May 9 through 15, 1976 - "NATIONAL HOSPITAL WEEK". The proclamation was read by Mrs. Barbara Knight, Executive Secretary at St. John's Hospital. THE MAYOR PROCLAIMED the Week of May 3 through 7, 1976 - "EXCEPTIONAL CHILDREN'S WEEK". The proclamation was read by Jerry Spears, Special Education, for Karen Denzeisen, of the Central Kansas Cooperative in Education. THE MAYOR PROCLAIMED the week of May 9 through 15, 1976 - "NATIONAL NURSING HOME WEEK". The proclamation was read by Mrs. Jane Mapes, Activity Director of the Shalimar Plaza Nursing Home. THE MAYOR PROCLAIMED Saturday, May 8, 1976 - "MS DAY for the Saline County 4-H'ers", as requested by Mrs. Sarah McCullough, Salina Chairman of the Eastern Kansas Chapter of the National Multiple Sclerosis Society. STAFF AGENDA A MOTION was made by Commissioner Usher, seconded by Commissioner Weisgerber, to take the proposed mobile home ordinance from the table for its consideration. (The ordinance was tabled at the April 19, 1976 meeting). Ayes: (4). Nays: (0). Motion carried. Mr. A. M. Moser was present and thanked the City Commission for the changes proposed by the Planning Department, and asked for additional changes. 1. Section 21-17(1), "The mobile home park owner shall be responsible for the acts of any agent." He would like to have any changed to his agents, servants, employees, or representatives. 2. (a), same section, "See that each unit is properly located and secured in conformance with this ordinance." Mr. Moser said the park operator should be designated with some authority to enforce this. 5. (i), same section, "Insure that all new mobile home installations and lots upon which they are located are inspected at the time of installation by the Inspection Department." Mr. Moser said he feels this puts the responsibility on the mobile home park operator and it should be the responsibility of the mobile home owner. 6. Section 21-18(5)(a), "If, at any time, it is determined by the City that the mobile home park does not conform to the applicable sections of the Salina Code the mobile home park owner shall be given 60 days to bring the park into compliance." Mr. Moser understood if one stall does not comply with the city code, the park owner shall be given 60 days to bring it into compliance, and if he doesn't the owner fails to comply with the code and his license shall be revoked. Mr. Maes explained if the violation is only in one space, service would not be released in that one space until the violation is corrected; if the violation concerns the whole park then the violation would be on the whole park. Commissioner Weisgerber asked how a change in the code would affect the mobile home operator. Mr. Tremblay, Building Inspector, explained that in an existing park, if it is installed safely today, passing a new code tomorrow will not make it unsafe. It can remain as long as it remains safe. Once a hazard exists or if a different trailer is moved in, requiring a different service, then it should be brought up, but until that point you can stay with what you have got, if it is safe. Acting Mayor Duckers asked Mr. Mosier if he can live with that type of situation? Mr. Moser replied, "If the existing spaces that are in existence at the present time, okay. I can live with part of it. It doesn't only just effect me, it effects other people, and I thought someone ought to represent the park operators, and I had enough guts to come down here." Mrs. Frank Parks was also present, and thanked the Commissioners for the changes made in the ordinance. She said she and her husband feel they can live with the ordinance as it was explained to them. She also said Mr. Moser was correct when he said a man was arrested because his mobile home park was in non-compliance, but she said she thinks the city was justified because anyone who would allow bare 220 electric line to be draped over a chain link fence between a mobile home park and a school yard should be prosecuted. Mr. Bengtson also commented that when a new ordinance is adopted it is never a perfect document and can be amended from time to time. 3. (b), same section, "See that the initial connections of each mobile home to gas, liquid petroleum, electricity, water and sewage systems are performed by a licensed craftsman, electrician, plumber, gas fitter, mobile home craftsman." Mr. Moser said he agrees with this, except it puts the responsibility on the mobile home park owner, when it should be put on the mobile home owner, although the park owner should be able to control what goes on in his park. Mr. Maes explained this provision of the ordinance makes it the responsibility of the park owner to call a craftsman when a mobile home moves in, and not allow the mobile home owner do his own hook-ups. 4. (c), same section, "Provide each mobile home space with a minimum of 100 amps service, 2 50 amp mains within the park service supply and outlets to provide 220 volts." Mr. Moser said it doesn't say anything about 110 volts, and it should have 110 volts. Mr. Maes explained if the 50 amp mains are installed, 110 can be pulled off of that. 5. (i), same section, "Insure that all new mobile home installations and lots upon which they are located are inspected at the time of installation by the Inspection Department." Mr. Moser said he feels this puts the responsibility on the mobile home park operator and it should be the responsibility of the mobile home owner. 6. Section 21-18(5)(a), "If, at any time, it is determined by the City that the mobile home park does not conform to the applicable sections of the Salina Code the mobile home park owner shall be given 60 days to bring the park into compliance." Mr. Moser understood if one stall does not comply with the city code, the park owner shall be given 60 days to bring it into compliance, and if he doesn't the owner fails to comply with the code and his license shall be revoked. Mr. Maes explained if the violation is only in one space, service would not be released in that one space until the violation is corrected; if the violation concerns the whole park then the violation would be on the whole park. Commissioner Weisgerber asked how a change in the code would affect the mobile home operator. Mr. Tremblay, Building Inspector, explained that in an existing park, if it is installed safely today, passing a new code tomorrow will not make it unsafe. It can remain as long as it remains safe. Once a hazard exists or if a different trailer is moved in, requiring a different service, then it should be brought up, but until that point you can stay with what you have got, if it is safe. Acting Mayor Duckers asked Mr. Mosier if he can live with that type of situation? Mr. Moser replied, "If the existing spaces that are in existence at the present time, okay. I can live with part of it. It doesn't only just effect me, it effects other people, and I thought someone ought to represent the park operators, and I had enough guts to come down here." Mrs. Frank Parks was also present, and thanked the Commissioners for the changes made in the ordinance. She said she and her husband feel they can live with the ordinance as it was explained to them. She also said Mr. Moser was correct when he said a man was arrested because his mobile home park was in non-compliance, but she said she thinks the city was justified because anyone who would allow bare 220 electric line to be draped over a chain link fence between a mobile home park and a school yard should be prosecuted. Mr. Bengtson also commented that when a new ordinance is adopted it is never a perfect document and can be amended from time to time. 340 AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the control and location of mobile homes; establishing requirements for the design, construction, alteration, expansion of new or existing mobile home parks; the licensing 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." A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to adopt the ordinance as read, with the correction in Section 21-17, changing 'any' to 'any of his', and the following vote was had: Ayes: Caldwell, Usher, Weisgerber, Duckers, (4). Nays: (0). Mayor Simpson absent. Acting Mayor Duckers approved the ordinance and it is numbered 8485. The ordinance was introduced for first reading April 19, 1976. THE CITY ENGINEER filed plans and specifications for sidewalks to be installed on Robin Road, adjacent to Lots 6 and 7, Block 27, Key Acres Addition. A motion was made by Commissioner Caldwell, seconded by Commissioner Usher to approve the plans and specifications as filed by the City Engineer and instruct the City Clerk to advertise for bids to be received on May 17, 1976. Ayes: (4). Nays: (0). Motion carried. THE CITY ENGINEER reported on Petition Number 3552, which was filed by Michael A. Adams for the installation 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 Road, and recommended the petition be approved and the "No Parking" signs be installed. A motion was made by Commissioner Weisgerber, seconded by Commissioner Caldwell to accept the City Engineer's recommendation and approve the petition; and to adopt a resolution entitled: "A RESOLUTION authorizing the installation and marking of the east side of Brandau Road from a point 898 feet north of the south quarter corner of the Southeast Quarter of Section Four (4), Township Fifteen (15) South, Range Three (3) West of the Sixth Principal Meridian, to a point six hundred feet (600') north, as a no parking zone", and the following vote was had: Ayes: Caldwell, Usher, Weisgerber, Duckers (4). Nays: (0). Carried. Mayor Simpson absent. Acting Mayor Duckers approved the Resolution and it is numbered 3275. PUBLIC AGENDA PETITION NUMBER 3559 was filed by Lawrence Warta for pavement of Planet Avenue, a frontage road from the south side of Saturn Avenue north 842.41 feet to connect to existing pavement. A motion was made by Commissioner Usher, seconded by Commissioner Weisgerber to refer the petition to the City Engineer for checking. Ayes: (4). Nays: (0). Motion carried. PETITION NUMBER 3560 was filed by Otis L. Davis, Jr. 2055 Mission Road, for the rezoning of Lot 9, and the West � of Lot 11, Block 5, College View Addition from District "A" (Second Dwelling House District) to District "B" (Two -Family Dwelling House District). A motion was made by Commissioner Caldwell, seconded by Commissioner Weisgerber to refer the petition to the City Planning Commission. Ayes: (4). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Ted Ludes and Jim Dumas, d/b/a Sazerac, 427 South Broadway. (New application). The City Clerk reported the applicants have paid the required fee and the application has been approved by the Health Department, Zoning Officer and the Police Department. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to approve the license application and authorize the City Clerk to issue the license. Ayes: (4). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Roy Peterson, d/b/a German Beer Garden, 310 East Iron. (New application). The City Clerk reported the applicant has paid the required fee and the application has been approved by the Health Department, Zoning Officer, and the Police Department. A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to approve the license application and authorize the City Clerk to issue the license. Ayes: (4). Nays: (0). Motion carried. 3 0 . COMMISSION AGENDA The Commissioners did not bring anything to the floor for discussion. A MOTION was made by Commissioner Weisgerber, seconded by Commissioner Caldwell that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (4). Nays: (0). Motion carried. D. L. Harrison, City Clerk