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