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HomeMy WebLinkAboutCC Min 08-28-1974MINUTES OF 'Tlih MISSION CITY COUNCIL August 28, 1974 The Mission City Council met in regular session on Wednesday, August 28, 1974 at 8:00 P.M. with Mayor George D. Anderson presiding and the following Councilmen present: Rolan Waxman, Jr., George Lauber, Robert Mellott, George Calvert, Jr., William King, Warren Neal, Lloyd Thomas and Robert Raupp. Councilman King arrived at 8:55 P.M. Councilmen Mellott, Calvert and Thomas left at 11:00 P.M. and Council- man Lauber left at 11:05 P.M. The meeting was called to order and the Pledge of Allegiance was said by all present. A motion was made by Councilman Warman and seconded by Councilman Raupp to approve the minutes of August 14, 1974, as corrected. The vote was as follows: Aye: Councilmen Wamman, Lauber, Calvert, Neal, Thomas and Raupp. Councilman Mellott abstained. Page 4, 2nd Paragraph from bottom: add maximum 100 people if no interior changes, no outside speakers and clean street area around building each night. Page 7, Paragraph 5: Mr. Hursh to write residents a letter as to what was to be done. Page 8, 4th Paragraph from bottom: add meets. An application for a temporary carport for 6006 W. 57th Street applied for by Tony Masser, which was tabled on August 14th, was presented. Mr. Hubbard stated that Mr. Masser was present this evening and presented a copy of the building permit application showing a sketch of what Mr. Masser wished to do. Councilman Warman inquired about the word temporary. Mr. Masser stated that he intends for the carport to be permanent. He stated he wishes to get his cars off the street. He stated he has a one car garage, which will remain as is. He also stated he thought the Council would have an opportunity to look at the area and what he wants to do and that each Councilman would have a copy of the sketch. Councilman Warman stated the Council has made a few exceptions to the ordinance and allowed carports if they could be built on the side of the house. He stated he hoped that the problem could be solved and that the Ordinance Committee could come up with some guidelines which could be utilized. Mr. Masser stated he does have a patio on the east side of the house and the carport could be built there without any problems. Councilman Thomas stated that the word temporary bothers most of the Council. Mr. Masser stated he intends the carport to be permanent as he would intend for it to stay if he puts that much money into it. He stated if the ordinance says people cannot build carports then he is in favor of changing the ordinance. Councilman Warman stated that if Mr. Masser would withdraw his application and is willing to apply for a permanent type carport to be placed at the side of the house so it would not come out in front of the building line he would tend to be in favor providing he met the requirements for construction. After much further discussion, a motion was made by Councilman Warman and seconded by Councilman Thomas that the application for a carport at 6006 W. 57th Street be denied because of temporary nature and building line as they are not in conformity. The motion was approved by unanimous vote. Thereupon, a motion was made by Councilman Calvert and seconded by Councilman Mellott that the subject of building setback lines be referred to the Planning Commission for study to see if there should be an amendment to the present building setback lines in MINUTES OF THE MISSION CITY COUNCIL -2- August 28, 1974 relation to R -1 zoning. The vote was taken as follows: Aye: Councilmen Warman, Lauber, Mellott, Calvert, Neal and Thomas. Councilman Raupp abstained. Mr. Hubbard presented a request by Kirt Coppedge to paint house numbers on curbs and stated it had been tabled at the August 14th meeting. Mr. Hubbard stated he had not heard from Mr. Coppedge and recommended that the request be denied. A motion was made by Councilman Mellott and seconded by Councilman Calvert to deny the request. The motion was approved unanimously. Thereupon, the Planning Commission recommendation of approval dated August 26, 1 974 of the application filed by Casey Brothers for car repair service on the southwest corner of 58th Reeds was read by Mayor Anderson. He also read a letter from the Mission Chamber of Commerce President, L. A. Billings, that the Board of Directors urges the City to support and approve the application. Mr. Harold Bruce, 5812 Reeds, stated he has protested against this zoning and is still against the zoning. Mr. Bill Isenhour.stated he is concerned about this application as he is about any application of Special Class Zoning. In this instance it would be spot zoning and and the city should hold the line. He urged the city not to change the zoning. After much discussion, a motion was made by Councilman Lauber to approve the Planning Commission's recommendation of approval. There was no second to the motion. A motion was made by Councilman Warman and seconded by Councilman Neal to deny the application for Special Class Zoning. The vote was as follows: Aye: Councilmen Warman, Mellott, Calvert, Neal and Thomas. Nay: Councilman Lauber. Councilman Raupp abstained. Motion carried. Councilman King arrived at 8:55 P.M. Thereupon, Mayor Anderson read the Planning Commission recommendation of approval of the application filed by Fotomat Corporation for a processing plant at 6100 Broadmoor from C -2 to 14-1. Mr. Larry Jones, architect and representative, stated that Real Estate Investment Company of Boston is the leasee, He stated the Planning Commission recommended approval for the rezoning of the area east of the centerline of Broadmoor extended to M-1 and the remainder of the property to the west remain C -2. Mr. Jones explained the operation, parking for employees and remodeling of the proposed plant. Security lighting, drainage and chemical spills were also discussed. Mr. Jones also stated they plan to tear out the incinerator which is presently there. Thereupon, a motion was made by Councilman Neal and seconded by Councilman King to approve the request for change in zoning from C -2 to 1.1-1 on the portion of the Spartan tract that is east of the line, which is an extension of the centerline of Broadmoor to the south property line of the Spartan tract. All of the tract to the west of this line remain C -2. The vote was takne on the motion and approved unanimously. Thereupon, Larry Jones inquired if the City was going to consider the Planning Commission's request for an official zoning map of the City. He stated that the Planning Commission has recommended one be made and to use the Water District maps would be ideal as they show everything. Councilman Calvert asked Mr. Hursh if this MINUTES OF THE MISSION CITY COUNCIL -3- August 28, 1 974 would be something he could use in the Codification. Mr. Hursh stated we need a new zoning map, which would be more up -to -date than the one we are presently using. With the new map and using mylar and colors it mould be easily changed when property was rezoned. Mr. Jones stated there are times when the Planning Commission has need to look at the zoning map and with this new up -to -date map it would be available for them to view at any time. Councilman Warman inquired if this map would be made up by the city staff. Mr. Hubbard stated this would not be a large project and could be done by one of the staff. A motion was made by Councilman Calvert and seconded by Councilman Raupp to bring the zoning map up -to -date as requested by the Planning Commission. The motion was approved by unanimous vote. J udge Cox presented a request for him to attend a school in Wichita on October 15th and 16th by request of the Judge of the Supreme Court. He requested expenses be paid for transportation, etc. in the amount not to exceed $100.00. A motion was made by Councilman Raupp and seconded by Councilman Neal to approve the request. The motion was approved unanimously. Judge Cox stated he had another request to attend a school in Reno on September 29th thru October 4th. This would be under Federal Grant of 90/10. Total cost would be $885.10. After discussion, a motion was made by Councilman Raupp and seconded by Councilman Neal to approve the request and proper city personnel sign grant application. The motion was approved unanimously. An application for Cereal Malt Beverage License was presented for the Spanish Gardens and new owner Robert N. Davila. Chief Pike reported that Mr. Davila cleared all police checks. A motion was made by Councilman Calvert and seconded by Councilman King to approve the application. The vote was as follows: Aye: Councilmen Warman, Lauber, Mellott, Calvert, King, Neal and Thomas. Councilman Raupp abstained. Mr. Hubbard presented an application for a building permit for Jack In The Box Restaurant to be located on the southeast corner of Johnson Drive and Broadmoor. He presented preliminary plans along with revised plot plans reflecting changes he requested and thought the Council would want made. After discussion of the plans, a motion was made by Councilman Warman and seconded by Councilman King to approve the building permit with the following conditions: 1. pole sign be located 30 feet back from the property line and be a self contained sign with no moving, flashing or animation. 2. the trash receptacle be of brick construction (same as building) and location to be approved by Keith Hubbard. 3. the West opening on Johnson Drive be marked for entrance only. 4. 5foot easement on Broadmoor for street purposes and the sidewalk to be put in on Broadmoor. 5. 5 foot area on Johnson Drive to be shown as sidewalk. The vote was taken on the motion and approved by unanimous vote. An application for a building permit for Goodrich Dairy Store north of Straw Hat on Broadmoor was next on the Agenda. Mr. Hubbard reported he does not have plans or an application for building permit. He requested the matter be tabled to the next meeting. On a motion made by Councilman Raupp and seconded by Councilman Neal, the matter was tabled by unanimous vote. On a motion made by Councilman Mellott and seconded by Councilman Thomas, the Appropriation Ordinance was approved by unanimous vote. MINUTES OF THE MISSION CITY COUNCIL -4- August 28, 1 974 Councilman Lauber, Chairman of the Finance Committee, stated that the city treasurer has recommended we invest $130,000.00 ®f four funds we will not be using for another 90 days. Before the investment the city treasurer will secure bids. A motion was made by Councilman Lauber and seconded by Councilman Neal to approve the investment as presented at the highest bid for 90 days. The motion was approved by unanimous vote. Councilman King, Chairman of the Street Committee, presented a copy of a report from Shafer, Kline Warren regarding the bridge on Roeland Drive by Macys regarding the closing of it. He stated that Mr. Hubbard would like to have official action from the Council approving his closing of the bridge. A motion was made by Councilman King and seconded by Councilman Mellott Approving Mr. Hubbard's action in closing the bridge until such time as we can figure some way to repair the bridge. Councilman Raupp inquired if the bridge could be closed off to truck traffic but allow cars to travel it. Mr. Hubbard reported that in taking samples of the bridge deck for the benefit district for the widening it was found that the bridge was unsafe for all traffic. Mr. Hursh reported that if the city would just take the top off and put the guard rails back on, it would cost $27,000.00 and all of this would be lost when we come back with the street project and put in the proper bridge at $47,000.00. Mr. Hursh felt it would be better to go on with the project and have the contractor do the bridge first. He stated no matter which direction the city takes the bridge would not be finished much before Christmas. The figures above were given to him today by John Warren and they are estimated figures as to what it would take to repair the bridge. Chief Pike reported that he has received several calls from Mosley Company complaining about the traffic coming through their property to go around the bridge. Councilman Raupp asked if there was any way to get a temporary bridge to the west across Roeland Drive to replace the bridge we have until we can get the present one fixed. Mr. Hubbard stated he did not know of any way to construct a temporary bridge or try to support the present one at a nominal cost. After further discussion, Councilman Raupp stated he felt the City Administrator should delve into this matter more fully to find some temporary method to overcome this situation that has been created through no fault of the city as a responsibility to the people and to find some way of a temporary bridge across there or another method of repairing that bridge to be more economical if possible. He stated that the City Fathers are required to take some kind of action to do something to open that street up. Thereupon, the vote was taken on the motion of approval of the closing of the bridge and was approved by unanimous vote. Thereupon, Mr. Hubbard requested authorization to meet with the County Commissioners and the State Highway Commission,to see if we can get some aid to rebuild the bridge, if possible. A motion was made by Councilman Raupp and seconded by Councilman Thomas to approve Mr. Hubbard's request. The motion was approved unanimously. Councilman Waxman stated he wanted a sign posted on Highway 50 at Roeland Drive informing the people that the road was closed to thru traffic. MINUTES OF THE MISSION CITY COUNCIL -5- August 28, 1974 Mr. Masser, 6006 W. 57th Street, stated that at the last Council meeting he questioned the gutters the city had put in at 57th Beverly. He asked what is going to be done by..the city about putting that street back in good shape. He stated that this has not relieved the situation on drainage on the northwest and northeast corners; they are not draining properly. He stated it was stated at the last meeting there was going to be an inspection made of those gutters. Councilman King stated that the city would patch the street. Mr. Masser stated he did not want the street patched but replaced. Councilman King stated there is no way the street can be replaced. Mr. Hubbard stated that the Public Works Committee can take a look at the drainage problem. Mr. Masser stated when the new curb was put in they did not check it out and the water lays in front of the Cheetam property. Councilmen Warman and King stated this was the first they knew of a drainage problem there. Mr. Masser stated he reported this at the last Council meeting and it was stated there would be a meeting to look at it. Councilman King stated they did look at it but he did not remember anything being mentioned about scdrainage problem. He stated they looked at the street and the curb replacement and if there had been anything said about a drainage problem he did not remember it. Mr. Hubbard stated that he believes that Mrs. Cheetam and the gentleman that Mr. Mellott has conferred with have legitimate complaints and there are two others that the problem was not totally dissolved. Mr. Masser suggested that if curbs are going to be replaced and streets are going to be resurfaced that the curbs be done first and then do the street. Mr. Hubbard stated he has been trying to contact the curb contractor to have him come in to discuss some of these problems with him and Councilman King. It was stated that the Council would follow up on this. Councilman Calvert, Chairman of the Ordinance Committee, stated they met last Wednesday evening and discussed campers and trailers. Each member of the committee has been furnished copies of ordinances of other cities and the committee will discuss the matter again at another meeting. Councilman Calvert stated that in regard to the publication of the Codification the committee is studying this because of the increased cost. The matter will be brought back at a later date. Councilman Calvert presented Resolution No. 249 regarding concern of parents of children in the area east of Nall Avenue and North of U.S. 50 Highway part of the Highlands Grade School District, about the safety of their children reequired to cross U.S. 50 Highway enroute to and from Highland School due to the extremely heavy traffic flow on the highway at the corssing located at U.S. 50 Highway and Roeland Drive. The Governing Body of the City of Mission asks that the Unified School District 512 consider the alternatives of providing bussing for or redistrict- ing of the residents.east of Nall Avenue and North of U.S. 50 Highway to the end that the safety of school children in said area enroute to or from school be modified and improved. A motion was made by Councilman Calvert and seconded by Councilman Warman to approve Resolution No. 249 and that it be sent to David Schmidt, President of the Shawnee Mission School Board. The motion was approved unanimously. Councilman Calvert stated that the speed limit on Foxridge Drive is shown in Section 4, Paragraph 2 in Ordinance No. 469 as 25 MPH and it is a recommendation of the Ordinance Committee that this be changed to 30 MPH. Mr. Hursh stated this has been approved at a previous meeting to 25 MPH and all the Council would have to do is amend the ordinance to change this. A motion was made by Councilman King and seconded by MINUTES OF THE MISSION CITY COUNCIL -6- August 28, 1974 Councilman Calvert to change the speed limit on Foxridge Drive from 25 MPH to 30 MPH. The motion was approved unanimously. Thereupon, Mr. Hurd' presented and read Ordinance No. 469, as amended, to include the change in speed limit on Foxridge Drive. Ordinance No. 469 regulates traffic upon the highways of the City of Mission incorporating by reference, the Standard Traffic Ordinance for Kansas Cities, prepared and published by the League of Kansas Municipalities, Edition of 1974, with certain omissions, changes and additions, such incorporation being authorized by Kansas Statutes Annotated, 12 -3009 to and including 12 -3012, and K.S.A. Supp. 1970, 12 -3301 and 12 -3302; prescribing additional regulations; and repealing Ordinance No. 420. On a motion made by Councilman Calvert and seconded by Councilman King Ordinance No. 469, as amended, was approved by unanimous vote. Councilman Calvert scheduled an Ordinance Committee meeting for Wednesday, September 4th at 7:30 p.m. Councilman Raupp, Chairman of the Drainage Committee, had no report. Councilman Warman, Chairman of the Park Recreation Commission, presented his report. (see attached). He asked for approval of the following items: 3. A., B. C. A motion was made by Councilman Warman and seconded by Councilman Calvert to approve #3 as presented. The motion was approved unanimously. 6. A motion was made by Councilman Warman and seconded by Councilman Calvert to approve #6 as presented. The motion was approved unanimously. Councilman Mellott left at 11:00 P.M. 7. A motion was made by Councilman Warman and seconded by Councilman Calvert to approve #7. The motion was approved unanimously. Councilmen Calvert and Thomas left at 11:00 P.M. Chief Pike reported that he has hired a new crossing guard at the Martway and Lamar crossing to replace Joe Laughlin, who had surgery. He stated the new man is Carl Kellerman, 5610 Russell, and will receive $2.00 per hour. 1 motion was made by Councilman King and seconded by Councilman Lauber to approve the new crossing guard. The motion was approved unanimously. Councilman Warman inquired about the house at 5818 Reeds. Mr. Hubbard reported it was condemned for demolition. He stated he will contact Mrs. Benson prior to our next meeting to find out if she is going to have it removed. If not, the city will take bids and have it removed. Councilman Lauber left at 11:05 P.M. Councilman Waxman inquired about the crossing guard at Highland School on Roe. Mr. Hubbard stated he has talked to Mayor Peterson of Fairway since our last Council meeting and related what our Council has said and what he is trying to do through the schools. He stated he has asked that the custodians at all schools like Highlan and Hickory Grove see the children across the streets safely. The legal firm which represents the school district said that they cannot regulate traffic off of the MINUTES OF Tia, MISSION CITY COUNCIL -7- August 28, 1 974 school property and the liability insurance will be so great the district could not afford it. Mr. Hubbard stated that he has proposed to the school district that the city pay the custodian $1.00 per day for this service and give him a very restrictive commission card for crossing guard only by being put on the payroll of the city and be covered under liability insurance. He stated the school district is now studying the proposal and the Mayor of Fairway has agreed, under those conditions, that they would issue commission cards also. Chief Pike stated that before anyone is issued a commission card they are thoroughly checked out through police channels. Mayor Anderson presented a letter from the Mission Chamber of Commerce regarding the 53rd Street Connection with 69 Highway. He stated there is a recommendation, traffic counts, letter to Mr. Hursh and a few more letters, a diagram on how the connection can be made onto 69 Highway. Mayor Anderson referred the matter to the Street Committee. Mayor Anderson read letters to Chief Pike and Chief Bruce from Charles and Elaine Jones thanking them for the response and services to an emergency at their home on August 19th. Mayor Anderson read a letter from John Franke, County Commissioner, regarding the City County Advisory Committee on Roads and that a representative be designated to attend meetings to work out a solution. Mayor Anderson stated he would like for Keith Hubbard to be our representative on the Committee of City County Advisory Committee on Roads. Councilman King reported that regarding the dead trees at 55th Weimer the 2 trees are splitting the city right -of -way and recommends the city take them out. Also, notify the owners that the other dead trees on the property must be removed by them at their own expense. Councilman Neal asked if the County is going to put in a sidewalk along their property along Lamar south of 61st Street. Mr. Hubbard reported that we might be seeing a building permit for that property soon for a new fire station and the sidewalk would be put in. He stated that gravel should be put in at the old driveway and will ask that this be done. Councilman Raupp stated that he has already heard of petitions against having the fire station at this location from residents of Countryside. There being no further business, the meeting was adjourned to Wednesday, September 11, 1974 at 8:00 P.M. Attest: o i Se Dorothy N. City Clerk George D. Anderson, Mayor 7 1