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01-08-1973 MinutesCity of Salina, Kansas Commissioners' Meeting January 8, 1973 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, January 8, 1973, at four o'clock p.m. The City Attorney continued to say that he is of the opinion that the mobile home craftsman and apprentice licensing ordinance does not fall in either of the two categories, and in view of that, a referral to the Electrical Code Panel is not required. Mr. Jim Morrow was present again, and stated that he still feels this proposed ordinance should have a recommendation from the Electrical Code Panel. He stated the proposed ordinance has nothing in it that covers the scope of the work to be performed by the mobile home craftsmen. Commissioner Cooper asked if, when an amendment to the Code is required, if it could be automatically referred to the proper board or commission. The City Engineer said yes, it could be done. Commissioner Cooper asked how this ordinance originated with the Building Code Advisory Board. The City Engineer replied that it was requested of them. The City Attorney explained how the Building Code Advisory Board functions. 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 Mike Losik, Jr., Chairman presiding Commissioner Leon L. Ashton Commissioner Robert C. Caldwell Commissioner Norma G. Cooper comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: Mayor Jack Weisgerber The Minutes of the Regular Meeting of December 18, 1972, were approved as mailed. STAFF AGENDA AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the examination and licensing of mobile home craftsmen; providing for the creation of a Board of Examiners and prescribing their duties; providing for the issuance, revocation and costs of mobile home craftsmen licenses; providing for the requirement of permits and inspections of work performed by mobile home craftsmen and the costs thereof." Acting Mayor Losik asked the City Attorney to go over his written opinion especially the portion concerning the Electrical Code Panel. City Attorney Bengtson explained that Section 9-117 of The Salina Code sets forth the duties of the Code Panel and provides for their recommendation to the City Commission regarding code amendments in the following instances; (a) When an ordinance directive is encountered which will impose a general public hardship because of an area peculiarity, the panel will draft a proposed amendment to this section and submit said proposal to the City Commission for its consideration; and (b) when an inequity is noted in this article and an addition is considered vital to facilitate the enforcement thereof, the Electrical Inspector shall inform the Electrical Code Panel, by letter, of this need. The panel will review this request and upon determining that the need does exist shall draft a proposed amendment and forward the same to the City Commission for its consideration. The City Attorney continued to say that he is of the opinion that the mobile home craftsman and apprentice licensing ordinance does not fall in either of the two categories, and in view of that, a referral to the Electrical Code Panel is not required. Mr. Jim Morrow was present again, and stated that he still feels this proposed ordinance should have a recommendation from the Electrical Code Panel. He stated the proposed ordinance has nothing in it that covers the scope of the work to be performed by the mobile home craftsmen. Commissioner Cooper asked if, when an amendment to the Code is required, if it could be automatically referred to the proper board or commission. The City Engineer said yes, it could be done. Commissioner Cooper asked how this ordinance originated with the Building Code Advisory Board. The City Engineer replied that it was requested of them. The City Attorney explained how the Building Code Advisory Board functions. Commissioner Cooper commented, "It is a good board to have, and if everyone has had an opportunity to express their ideas and thoughts before this Building Code Advisory Board, and the Building Code Advisory Board has visited with them and evaluated all these things, and has now forwarded their recommendation to the City Commission. In this ordinance, it isn't something that just applies to the electrical or plumbing or building. These craftsmen will have to qualify in all these areas. As far as we were told, the Building Code Advisory Board has listened to all these people from the different trades." Acting Mayor Losik commented that there seems to be an opinion that this was not coordinated or sent back to the Electrical Code Panel for a recommendation by the Electrical representative on the Building Code Advisory Board to submit it as the electricians, as a whole,would like it. He asked Mr. Morrow if this is his feelings on it? Mr. Morrow replied that his feelings are opposite the opinions given by the City Attorney. He said he feels the City Attorney is certainly better qualified than he is when it comes to legal opinions. Acting Mayor Losik asked Mr. Morrow if the Electrical Code Panel was consulted in this case, pertaining to this ordinance? Mr. Morrow replied, "I can't say. I only know two people on the Code Panel and I asked them if they had been consulted in any of the changes that have taken place in the electrical code, They told me they have had two cases of grievances, and when the thing was really looked into and modifications and changes made and you people accepted in relation to the National Electrical Code, so you could present it to HUD and so forth, to get the thing realistic in your opinion. They were consulted at that time. There have been areas come up where the work was done in fire zones and where work was done within units that was outside of what we consider the Code called for. They tell me they were not consulted. If the City Manager has records of this, then I have been misled and I am sorry I took up your time, because you know I have harped on this thing ever since I came up here three years ago and asked that the Code Panel be put into being, because I felt it is an area where these inequities and grievances and changes and hardships could be settled. They do not pass the ordinances. Their duties are to propose to you their opinion on it, and then you take it from there." Acting Mayor Losik asked the City Engineer what happened in this case? The City Engineer replied that he did not know if the Electrical Code Panel, as a body, was consulted, and asked for their recommendation. He added that there is a Zoning Board of Appeals and a Building Code Board of Appeals to hear hardship cases and other related things to change something that is not workable and must be made workable, but in the change you don't want to decrease your standards. "This is what all these other boards do, and it has always been our opinion that this is the same function of the Electrical Code Panel. We have had hardship cases too; in fact, on the HUD problem I know that the Building Code Advisory Board and Electrical Code Panel met in joint meetings on those problems to try to work them out. This is definitely in there, and this is their purpose. I think, if you ask me if the Electrical Code Panel has not been contacted or asked directly for a recommendation and why they haven't, I would have to say because the Building Code Advisory Board did not feel this was within their jurisdiction. This is not a hardship case." Commissioner Cooper commented that the duties of the Electrical Code Panel are grievances, hardship cases and amendments. On this we would be making a change to the electrical code. The City Engineer replied, "No, not really. The only change we would need in the electrical code would be to exempt these people, which is not changing the electrical part of the code at all. The Electrical Code Panel is a board of higher experts to be certain that the quality of electrical work is going to be maintained. I don't think that all amendments to the electrical code must be considered by the Electrical Code Panel. The Electrical Code Panel would consider amendments when an inequity is noted in the article and it must be amended to eliminate the inequity." The City Manager said, "I have found a set of minutes dated February 3, 1972, this is a public hearing on the Mobile Home Craftsman Ordinance. I am trying to pick out names of people present who are not on the committee: Gene Yockers was present, John Snedker, Jim Morrow, Lonnie Powers, William Bachofer, Mr. Crosswy, Cliff Hanchett, Jim Chase, Mr. Wickersham, Duane Logback, Mr. White, Mr. Mosier, Montle Montee. There were quite a number at that hearing." Commissioner Cooper commented that there were plumbers and electricians present at that hearing. The City Manager replied that it was a mix of mobile home craftsmen, plumbing representatives, electrical representatives; but he did want to mention that a public hearing on this subject was held by the Building Code Advisory Board. The City Manager asked if the wording in the proposed ordinance was enlarged to specify the mobile home craftsman could work on the mobile home unit to the service distribution point, if this would satisfy everybody? Commissioner Cooper asked if the Commission should wait until they receive a copy of the revised ordinance before it is put on second reading. The City Attorney suggested that it would be a good idea, so they could see the revisions in the ordinance. A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to table the ordinance until next week, at which time the City Attorney said he would have the revised ordinance ready. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the Metropolitan Planning Commission again recommending the change of the name of the circle on East Crawford from East Crawford to East Crawford Circle. A name change was requested by F. E. Baringer in Petition Number 3287. (Referred back to the Metropolitan Planning Commission on December 11, 1972.) Acting Mayor Losik reported that the petitioner presented a letter requesting that Petition Number 3287 be withdrawn. A motion was made by Commissioner Caldwell, seconded by Commissioner Cooper to accept the letter of withdrawal, with no action to be taken on the letter from the Metropolitan Planning Commission. Ayes: (4). Nays: (0). Motion carried. None COMMISSION AGENDA PUBLIC AGENDA A CEREAL MALT BEVERAGE license application was filed by Jimmie G. Mar, d/b/a Ramada Inn Restaurant, 222 Diamond Drive. (New). The City Clerk reported the application had been approved by the Health Department, the Zoning Officer and the Police Department. A motion was made by Commissioner Ashton, seconded by Commissioner Cooper to approve the application and authorize the City Clerk to issue the license. Ayes: (4). Nays: (0). Motion carried. TREE TRIMMING AND TREATING license applications were filed by: Darrell J. Prater, d/b/a/ D. J. Prater Tree Service, Route 3, Box 171, Salina - for trimming and treating. Roy Baker, d/b/a Roy's Tree Service, 873 Willow Drive - for trimming. Dennis M. Brake, 511 North Thirteenth - for trimming Harvey Eslinger, d/b/a Eslinger Lawn Sales and Service, 1842 Highland for trimming. Roy E. Willey, d/b/a Willey's Tree Service, 828 North Third - for trimming. Ben Ferguson, d/b/a Welsh Tree Works, 622 South Third - for trimming I After considerable discussion, Commissioner Cooper commented that , it appears now they are entangled only over the language of the ordinance, City Engineer Boyer stated this ordinance is talking about a craftsman license for the purpose of working on mobile homes, he added that it does not allow then to do the heavy distribution work within the park, that it concerns work from the plug attachment point. Mr. Morrow asked why this could not be clarified. The City Attorney assured everyone it could be clarified, Mr. Jim Chase was present and said he is working very hard to get this mobile home craftsman licensing ordinance passed and explained that primarily the thing they want to be able to do is to replace the electrical or plumbing parts damaged in transportation, and so forth, within the mobile home unit. The City Manager asked if the wording in the proposed ordinance was enlarged to specify the mobile home craftsman could work on the mobile home unit to the service distribution point, if this would satisfy everybody? Commissioner Cooper asked if the Commission should wait until they receive a copy of the revised ordinance before it is put on second reading. The City Attorney suggested that it would be a good idea, so they could see the revisions in the ordinance. A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to table the ordinance until next week, at which time the City Attorney said he would have the revised ordinance ready. Ayes: (4). Nays: (0). Motion carried. A LETTER was received from the Metropolitan Planning Commission again recommending the change of the name of the circle on East Crawford from East Crawford to East Crawford Circle. A name change was requested by F. E. Baringer in Petition Number 3287. (Referred back to the Metropolitan Planning Commission on December 11, 1972.) Acting Mayor Losik reported that the petitioner presented a letter requesting that Petition Number 3287 be withdrawn. A motion was made by Commissioner Caldwell, seconded by Commissioner Cooper to accept the letter of withdrawal, with no action to be taken on the letter from the Metropolitan Planning Commission. Ayes: (4). Nays: (0). Motion carried. None COMMISSION AGENDA PUBLIC AGENDA A CEREAL MALT BEVERAGE license application was filed by Jimmie G. Mar, d/b/a Ramada Inn Restaurant, 222 Diamond Drive. (New). The City Clerk reported the application had been approved by the Health Department, the Zoning Officer and the Police Department. A motion was made by Commissioner Ashton, seconded by Commissioner Cooper to approve the application and authorize the City Clerk to issue the license. Ayes: (4). Nays: (0). Motion carried. TREE TRIMMING AND TREATING license applications were filed by: Darrell J. Prater, d/b/a/ D. J. Prater Tree Service, Route 3, Box 171, Salina - for trimming and treating. Roy Baker, d/b/a Roy's Tree Service, 873 Willow Drive - for trimming. Dennis M. Brake, 511 North Thirteenth - for trimming Harvey Eslinger, d/b/a Eslinger Lawn Sales and Service, 1842 Highland for trimming. Roy E. Willey, d/b/a Willey's Tree Service, 828 North Third - for trimming. Ben Ferguson, d/b/a Welsh Tree Works, 622 South Third - for trimming The City Clerk reported that all the applicants have paid the proper fee and have a surety bond and a certificate of public liability insurance on file. A motion was made by Commissioner Cooper, seconded by Commissioner Caldwell to approve the license applications and authorize the City Clerk to issue the licenses. Ayes: (4). Nays: (0). Motion carried. A MOTION was made by Commissioner Ashton, seconded by Commissioner Caldwell that the Regular Meeting of the Board of Commissioners adjourn. Ayes: (4). Nays: (0). Motion carried. D. L. Harrison, City Clerk