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HomeMy WebLinkAboutCC Min 05-12-1976MINUTES OF THE MISSION CITY COUNCIL May 12, 1976 The Mission City Council met in regular session Wednesday, May 12, 1976 at 8 :00 P.M. with Mayor Rolan R. Warman, Jr., presiding and the following Councilmen present: Councilmen Schmitz, Thomas, Sweeney, Lamphear, Wells, Neal, Schnackenberg and Raupp. The meeting was called to order and the Pledge of Allegiance was said by all present. A motion was made by Councilman Lamphear and seconded by Councilman Wells to approve the minutes of April 28, 1976 with the following corrections: Page 3, Paragraph 3, 7th sentence: delete: statute add: statutory Page 3, Paragraph 7, 2nd sentence: delete: implement add: incremental Page 5, Paragraph 5, 4th sentence: delete: 55th through 53rd Woodson add: Woodson between 55th 53rd delete: 53 rd and Lamar Nall add: 53rd between Lamar Nall Page 9, Paragraph 9, 4th sentence• delete: the membership cards to be given at a limited number. add• and if necessary a limited number of people be included in any one outing. The vote was taken and the motion was approved unanimously. The application for a Home Occupation License applied for by Mr. C.E. Barnhart, 'Mr. Rooter",% 6106 W. 57th street, was presented. Mr. Barnhart was present. Mayor Warman read a letter written by Mr. Hursh requesting Mr. Barnhart to be present at the 5/12/76 Council meeting regarding his application. (see attached) Mr. Barnhart told the Council that there are no other employees other than his wife and himself. He said he has 2 vans and 1 pick up truck on the premises, that he is looking for a business location that it is just a matter of finances. He does not plan on employing any other persons in the near future. Councilman Sweeney said that he lives close to Mr Barnhart and that he has never seen or heard any unusual noise due to Mr. Barnhart's trucks. Mr Barnhart said that he plans to sell the business, as a franchisq and hopes that the trucks will be included in the sell, otherwise he will sell them individually. Mr. Barnhart said that there is no retail business transactions taken at the home, just the matter of telephoning. Mr. Hursh said that any license granted at this time would expire July 1, 1976. Mr Barnhart said that there is no work done at the home. After further discussion, a motion was made by Council- man Sweeney and seconded by Councilman Lamphear to allow Mr. Barnhart a home occupation license until July 1, 1976, on the basis that he comply with the city ordinance and that there be just 2 trucks parked on the premises. After discussion, the vote was taken and the motion was approved unanimously. Mayor Warman presented the request for trailer waiver from Mr. Robert Hedrick, 5537 Horton. Mr. Hedrick was present and presented to the Mayor Council a petition signed by surrounding neighbors granting their permission for him to park his camper in his driveway. He explained that he is retired and that he travels a lot with the camper and that it is not on the premises quite a bit of the time. Councilman Lamphear said that she has checked out the premises and that Mr. Hedrick has a double driveway in which to park the camper. After discussion, the motion was made by Councilman Schmitz and MINUTES OF THE DIISSION CITY COUNCIL -2- May 12, 1976 seconded by Councilman Lamphear to approve the trailer waiver at 5537 Horton, for a 6 month period. Councilman Sweeney suggested the ordinance on trailer waivers be studied. After discussion, the vote was taken and the motion was approved unanimously. Mayor Warman presented a trailer waiver requested by Mr. Charles Vanderwerf, 4839 Dearborn. Bob Sturm reported that Mr. Vanderwerf owns a camper tent trailer, that it is parked in the driveway. He said Mr. Vanderwerf has a double garage and double driveway, that there is an incline on both sides of his home that would make it difficult to park the trailer behind the front building line. He said that he did receive a complaint from a neigh- bor that Mr. Vanderwerf ownes five cars and that he parks two of the vehicles on the street which makes it difficult for the neighbor to drive out of his drive. He said the garage has one car parked in it and that there is 1 foot step in front of the garage to prevent parking the trailer inside. It was stated that the street is a dead end street and not much traffic. Councilman Schmitz stated that he can see no problems. After discussion, a motion was made by Councilman Sweeney and seconded by Councilman Thomas to approve the trailer waiver at 4839 Dearborn for a 6 month period, on the basis the camper is parked as close to the garage as it is possible and it be parked on pavement. The vote was taken as follows: Aye: Councilmen Schmitz, Thomas, Sweeney, Wells, Neal, Schnackenberg Raupp. Councilman Lamphear abstained. The motion carried. Mayor Warman stated that we have a presentation to be made by Mr. Milt Erickson on the Shawnee Mission Park Theatre. Mr. Erickson came forward and stated that he is a member of the Shawnee Mission Sertoma Club and that they are going to build a theatre for the purpose of performing plays, musicals,etc. He said the building will take several years to complete and the cost will be approx- imately $1,000,000.00. The Sertoma Club will build jointly with the Johnson County Park Recreation Commission in sharing the cost. He said the intent shall in no way be competitive with the Starlight Theatre, that the talent will be local and the plays will be performed at no cost to the public. He stated the theatre will accommodate 2,500 and have parking for 1,000 vehicles. He said the theatre will be used at least 35 weeks out of the year. He asked that a resolution be adopted endorsing the Shawnee Mission Park Theatre project asking citizens to participate. Councilman Raupp stated that the project is very commendable and made a motion that the City of Mission adopt Resolution #271 supporting the Sertoma Club in the development of the outdoor theatre project. Councilman Sweeney seconded the motion. After discussion, the vote was taken and the motion was approved unanimously. Keith Hubbard presented an application for building permit applied for by the McCall Service Station, 5110 Johnson Drive. He stated the permit is for exterior remodeling of the car wash. The remodeling to be done in mansard style on 3 sides. He presented the plans to the Mayor Council. After discussion, a motion was made by Councilman Raupp and seconded by Councilman Schmitz to approve the building permit for exterior remodeling of the car wash as stated above, with mansard style roof on 3 sides, east, west and south. The vote was taken and the motion was approved unanimously. Keith Hubbard presented an application for sign permit applied for by Lee's Secretarial, 5815 Dearborn. He stated the sign is to be placed in front of the building from the ground. He passed out the plot plans to the Mayor Council. He said the spot lights are to be indirectly lighted, the sign would run east to west and lights on each side. The sign to be 8' long and 4' off the ground. After discussion, Councilman Schnackenberg made a motion to table the sign permit to the next Council meeting and the people applying for the permit to attend, due to the unusually large sign applied for he felt MOTES OF THE MISSION CITY CODNCIL May 12, 1976 it necessary. Councilman Lamphear seconded the motion. The vote was taken and the motion was approved unanimously. Mayor Warman presented the application for special use permit, applied for by Charles Gay, Jr. a professional dog trainer. Mr. Gay was present and stated the location they are hoping to acquire is 5606 Johnson Drive. He said the business is a dog training school, classes to be held in the evening hours and the school will provide a refresher course for guide dogs for the blind. He stated that all training sessions will be held inside the building, that they have adequate sanitation equipment and there will not be more than 10 dogs kept overnight and they will be kept in dog runs. They will provide indoor exercising. He stated the building is all brick and that there should be no noise and if dogs are kept overnight that they have means of keeping them quiet. He stated individuals that come int& the place of business are insured and also the dogs. He stated he will be leasing the building and that the lease hasn't been finalized as yet. After further discussion, a motion was made by Councilman Lamphear and seconded by Councilman Sweeney to approve the special use permit for Mr. Gay at 5606 Johnson Drive for a period of I year, expiring July 1, 1977 and that the Chief of Police check closely for noisa.After discussion, the vote was taken as follows: Aye: Councilmen Schmitz, Thomas, Sweeney, Lamphear, Wells and Neal. Councilman Raupp opposed the motion and Councilman Schnackenberg abstained. The motion carried. Keith Hubbard presented the application for fireworks permit from Astro Fireworks at the location of the N.E. corner of Martway Lamar. He stated that all should have a copy of the letter of application from the Astro Fireworks. He said that they used the same location last year, however it was on the asphalt area that it is now fenced in and occupied by Recreational Vehicles. They are proposing to use the grass area to put up their tent to sell fireworks. Councilman Wells asked about the parking situation. Mr. Hubbard recommended parking not be allowed on Martway or Lamar Ave. and the tent be set back at least 35' from both streets. Discussion was held regard- ing parking problems. After discussion, a motion was made by Councilman Schmitz and seconded by Councilman Lamphear that the application for the fireworks permit from Astro Fireworks be denied for that location on the basis that there is no parking in the area. He felt it would cause too many traffic problems and suggested that they find another location. The vote was taken and the motion was approved unanimously. Keith Hubbard presented the application for building permit, applied for by Dr. Eugene Haas, 5930 Roe. He presented the plot plans to Mayor Council. Mr. Hubbard stated the parking and drainage are adequate and that the plans do not include mechanical or electrical layout. That it will be done later at tenant's preference. He said there are no waivers requested. Dr. Haas was present and answered questions. Discussion followed. A motion was made by Councilman Schmitz and seconded by Councilman Wells to approve the build- ing permit at 5930 Roe subject to the Planning Commission's approval and the stipulation of adequate security lighting in the rear of the building and not shine on adjoining neighbors. The vote was taken and the motion was approved unanimously. Mayor Warman presented the Appropriation Ordinance. Councilman Lamphear requested copies of each of the curb bills. After discussion, a motion was made by Councilman Lamphear and seconded by Councilman Schnackenberg to approve the Appropriation Ordinance. The vote was taken and the motion was approved unanimously. MINUTES OF THE MISSION CITY COUNCIL -4- May 12, 1976 Mr. Bud Whitaker, 6329 Beverly Drive, requested permission to hold a parade on Milhaven Drive, May 22nd between 2 and 3 P.M. and permission to have one police unit for the parade. A motion was made by Councilman Schmitz and second by Councilman Neal to approve the police unit in connection with the parade as stated above. The vote was taken and the motion was approved unanimously. Councilman Raupp, Chairman of the Street Committee, reported the committee met May 5th. The Street Committee recommended that "no parking at any time" signs be installed on the east side of Woodson from Martway to the Dickinson building, 5917 Woodson. Councilman Raupp made a motion that the Public Works Dept. be instructed to install the "no parking at any time" signs at locations stated above. Councilman Schnackenberg seconded the motion. After discussion, the vote was taken and the motion was approved unanimously. Councilman Raupp stated the committee discussed the matter of mosquito spraying of the drainage areas and streets, and due to the City not being equipped to handle the matter, the committee recommended the city arrange to have an out- side source perform the job of mosquito spraying. Councilman Raupp made a motion that Mr. Hubbard be directed to contact commercial enterprises for the purpose of necessary mosquito spraying for the city. That this be done in the form of bids. Councilman Lamphear seconded the motion. Mr. Hubbard explained the Federal Government and State have passed laws requiring only licensed operators to perform the spraying of insecticides and that the city has no such licensed operators. He stated that the city is allowed to fog or spray any city property but that the creeks in the city are privately owned, requiring a licensed operator. Councilman Raupp asked Mr. Hubbard if he could have the bids in by June 8th. Mr. Hubbard replied that he could if he could use the Public Works men in some form if it would be acceptable to the Council That by doing this the contract bids should be at a re- duced price. The matter was agreed upon if permissible under state and federal laws. The vote was taken and the motion was approved unanimously. Councilman Raupp recommended the City Wide Pick-Up of 1976 start in June in the residential areas of the city with the use of the Public Works trucks, that Mr. Hubbard is to set up the dates and areas for the pick -ups and handle the nec- essary door hangers. Councilman Raupp made a motion that the City Wide Pick-Up start in June when the summer help is available. Councilman Wells seconded the motion. The vote was taken and the motion was approved unanimously. Councilman Raupp stated the Street Committee had a request to study an island opening at Faddis Motors on Johnson Drive again this year and the committee recommended that Mr. Whitsitt of Faddis Motors be advised that the committee does not feel it is feasible to open the island into Faddis Motors that it should remain as originally constructed. Councilman Raupp stated that he has written a letter to Mr. Whitsitt in regard to the committee's recommendation. Councilman Raupp stated a letter has been drafted to Mr. Winn, President of the Chamber of Commerce, requesting the cooperation in the Johnson Drive improvement, and that a letter has been drafted to be sent to all business owners on Johnson Drive from Lamar to Nall in regards to improving their property. He hopes the Street Committee and the Industrial Committee will be successful in the beautification of the businesses. Councilman Raupp stated the major item discussed at the committee meeting was the ordinance on the vacation of Birch Street. The president from Mission Mart Inc Mr. Patterson Mr Ken Soden,the attorney from Mission Mart Inc., were present as was City Attorney Frank Hursh and City Administrator Keith Hubbard, and Street Committee and Industrial Committee members, and Mayor Warman. tow MINUTES OF THE HISSION CITY COUNCIL -5- May 12, 1976 He said the matter started in 1973 when the Street Committee made a motion to vacate Birch Street and he felt the matter of the arches being constructed across Birch Street didn't exist then. A letter was requested from Mr. Patterson that there would not be any construction across Birch Street and the hope was that the city would receive a follow up letter confirming that no construction would be anticipated on Birch Street. He said no such letter was recieved from Mission Mart Inc.'s representative and that Mr. Soden said the letter was not necessary due to the building plans submitted to the city, reflecting an open street from Johnson Drive to Martway. He said there was a discussion regarding existing utilities, the effect of moving or constructing over them,a need to protect the utility companies and existing lines dedicating a portion of the street as utility easement, approval by the utility companies. Councilman Raupp made a motion that the vacating of Birch Street be delayed until such time as all the utility easements are formally adopted and approved by the utility companies and the city. Councilman Lamphear asked that the utility companies be contacted. Mr. Hursh stated they have a 50' easement, as the ordinance is written and before anybody builds over that area they would have to have the utilities move their lines, that the utility companies probably have the right at this time to relocate. Councilman Neal said to Mr. Hursh` you are saying is that the easement is the problem of the owner?" Mr. Hursh agreed. Councilman Wells seconded the motion. Councilman Neal read the ordinance on the vacation of Birch Street. Mr. Ken Soden, attorney for Mission Mart Inc. spoke before Mayor Council stating the city is not vacating the utility easement and he thinks that what the intent of the ordinance is, that the city is vacating the street but not the utility easements. Mr. Soden discussed the problems of Mission Mart Inc. relating to their construction project,the losses they will sustain by a delay of the project. tor Councilman Sweeney asked why the vacating of Birch Street wasn't done 3 years ago when the matter came up. Mr. Soden said because Mr. Hursh was reluctant to vacate it until Ash Street was completed. After discussion, the vote was taken on the motion as follows: Aye: Councilman Thomas, Sweeney, Lamphear, Wells, Schnackenberg and Raupp. Nay: Councilmen Schmitz and Neal. The motion carried. Mayor Warman asked Councilman Neal to set a date for an ordinance committee meeting. Councilman Neal set a date for the meeting for Tuesday, May 18th at 7:30 and requested Mr. Hubbard advise the appropriate persons from the utility companies of the meeting. Mr. Soden asked if the utility matter is the only problem. Councilman Raupp said he would like to see Ash Street dedicated to the city. Councilman Raupp stated the next Street Committee meeting is scheduled May 19th at 7:00 P.M. Councilman Raupp, Chairman of the Drainage Committee, asked Mr. Hubbard if the correction on Walmer had been made Mr. Hubbard replied yes. Discussion was held regarding debris in the creek under the building at 5922 Outlook. The Drainage committee will check into the matter. Councilman Neal, Chairman of the Ordinance Committee, reported the Council felt at the last Council meeting that the ordinance on camping needs to be amended regarding the non profit organizations, that they should be more specific. He said Mr. Hursh has drawn up an amended ordinance #497, on regulating camping on private and public property. Councilman Neal read the newly amended ordinance. He passed out a cog*to the Mayor each Councilman. After discussion, a motion was made by Councilman Lamphear and seconded by Councilman Sweeney to adopt Ordinance #497. The vote was taken and the motion was approved unanimously. MINUTES OF THE MISSION CITY COUNCIL -6- May 12, 1976 Councilman Schmitz, Chairman of the Park Recreation Committee scheduled the next meeting May 20th at 7:30 P.M. Councilman Lamphear, Chairman of the Bicentennial Committee, reported the committee met May 4th and they worked on the Bicentennial Celebration festivities. She stated Mr. Mrs. Robert Mellott plan to go to Philidelphia for the Kansas Day Bicentennial Celebration and distribute packages of sunflower seeds and share good will. It is the committee's recommendation to endorse Mr. Mrs. Robert Mellott as the Mission ambassadors for the Kansas State Bicentennial Day Cele- bration, June 12, 1976, and request Mayor Warman draw up a proclamation designating Mr. Mrs. Mellott Mission ambassadors as stated above. A motion was made by Councilman Lamphear and seconded by Councilman Wells endorsing Mr. Mrs. Mellott as the City of Mission's ambassadors for the Kansas Day Bicentennial Celebration as stated above. The vote was taken and the motion was approved unanimously. The next Bicentennial Committee meeting is scheduled June 8th at 7:30 P.M. Councilman Raupp asked to be reminded of the meeting. Councilman Wells, Alternate of the Animal Commission reported the commission met and discussed budget problems and the next meeting is scheduled May 13th at 7:30 P.M. at Merriam City Hall. Frank Hursh reported that he attended the League meeting in Topeka and that he will make a report on the Civil Rights program at a later date. Chief Sturm reported that he has checked with the city's insurance agent and the police officers are not covered on personal injury liability. He asked for approval to obtain a binder for this coverage until the matter can be taken up at a Finance Committee meeting and full coverage obtained. A motion was made by Councilman Lamphear and seconded by Councilman Wells that Keith Hubbard and Bob Sturm insure the officers on a personal injury liability coverage on a binder up to a 30 day period. The vote was taken and the motion was approved unanimously. Chief Sturm reported Officers Arnold and Tolman attended a 2 hour seminar on problem solving held at Leawood sponsored by Wichita State University. Officer Barlow participated in a seminar on retail theft and related program held at Kansas City, Kansas. Officers Howard and Williams participated in an 8 hour traffic training school held at Westwood sponsored by the Law Enforcement Training Academy and Officer Mier attended an F.B.I. Fire Arms School held in Kansas City, Missouri. Chief Sturm reported the Bicycle registration is scheduled May 15th at City Hall and the Police Auction is scheduled May 22nd, 9:00 A.M. at City Hall parking lot. Mayor Warman announced that police reserve officer Kenneth Thomas is getting a degree in law enforcement at the Johnson County Community College, with a grade point average of 3.8 and that he has sent Mr. Thomas a letter of gratulations. Mayor Warman announced that we received a letter from Charles Gray, News Director for WDAF Radio complimenting Sargeant Tolman for his helpful and courteous acts at the explosion scene. Mrs. Pettit reported the total number of non resident swim tags that have been sold to this date is 61 and of that number 48 were issued to Countryside, that we have a limit of 100 that we can sell tags to and that the matter might be taken into consideration. Councilman Schmitz stated that it was approved last year that we could sell 100 outside memberships excluding the City of Countryside. Councilman Schmitz made a motion to add 50 outside memberships to be sold giving a total of 150. Councilman Lamphear seconded the motion. The vote was taken and the motion was approved unanimously. MINUTES OF '1'HM MISSION CITY COUNCIL -7- May 12, 1976 Mayor Warman stated that he has a letter from the Veterans of Foreign Wars Post #869 requesting permission to sell Buddy Poppies in Mission on May 21 and 22, 1976. He asked the Council to grant permission. A motion was made by Council- man Raupp and seconded by Councilman Thomas to approve the Veterans of Foreign i1r Wars to sell Buddy Poppies at the dates stated above. The vote was taken and the motion was approved unanimously. Mayor Warman announced there will be a Chamber of Commerce breakfast, May 18th, 7:30 A.M. to be held at Myron Green Cafeteria. Councilman Sweeney stated that in regard to the Planning Commission Hearing to be held May 24, 1976, the applicant has died just recently. Mayor Warman, upon advice of Frank Hursh,asked Keith Hubbard to notify Mr. Terry estate agent,that the application to the Planning Commission can't be acted on. Councilman Sweeney brought forward an ordinance that he drew up regarding the creation of the position of Police Commissioner. He read the proposed ordinance. Mayor Warman referred the proposed ordinance to the Ordinance Committee for recommendation. Councilman Schnackenberg stated that Lido Villa is progressing and has started landscaping. Councilman Raupp stated that he believed several months ago it was agreed that the reserve officers would be discontinued at such time as the police force is brought up to full strength. He stated that he feels that the city police officers are up to full strength now and he made a motion that the reserve officers system be discontinued effective May 13, 1976. Councilman Schnacken- berg seconded the motion. Chief Sturm stated that he feels the reserve officers are a benefit to the city. He spoke in favor of the two reserve officers remain- ing on the force and of their excellent qualifications. Councilman Schmitz mentioned the fact that we do have the Republican Convention coming up and asked Chief Sturm if this would leave the force shorthanded during the convention. Chief Sturm replied that the force is always shorthanded. After discussion, a vote was taken as follows: Aye: Councilmen Thomas, Sweeney, Lamphear, Wells, Schnackenberg and Raupp. Nay: Councilmen Schmitz and Neal. The motion carried. Councilman Raupp suggested considering the Mission Sun as the designated City newspaper for 1976. Mayor Warman stated that the Council has the power to adopt an official newspaper but that the ordinance has to be amended in writing. After discussion, Councilman Raupp made a motion to request the ordinance committee prepare an amendment to the ordinance for a city newspaper, designating the Mission Sun as the official city newspaper for 1976. Councilman Lamphear seconded the motion. Frank Hursh said he would check to see if the Mission Sun meets all state requirements. The vote was taken as follows: Aye: Councilmen Thomas, Sweeney, Lamphear, Wells, Schnackenberg and Raupp. Nay: Councilmen Schmitz and Neal. The motion carried. Councilman Raupp asked Mayor Warman when he is going to make city position appointments. Mayor Warman replied that he probably will make the appoint- ments at the next Council meeting. Councilman Lamphear passed out a proposed ordinance on the removal of city officers and employees. Mayor Warman referred it to the ordinance committee for recommendation. Thereupon, there being no further business, the meeting was adjourned at 11 :10 P.M. to reconvene May 26, 6 at 8:00 P.M. It /14 eAA Attest: /4-22 Rolan R. Warman, Jr., Mayor targaret Yet 1, i r