HomeMy WebLinkAboutCC Min 09-11-1974MINUTES OF THE MISSION CITY COUNCIL September 11, 1974
The Mission City Council met in regular session on Wednesday, September 11, 1974 at
8:00 P.M. with Mayor George D. Anderson presiding and the following Councilmen present:
Rolan R. Warman, Jr., Robert Mellott, George Calvert, Jr., William King, Warren Neal,
Lloyd Thomas and Robert Raupp. Councilman King arrived at 8:05 P.M. Councilman
Thomas left at 11:00 P.M. and Councilman Calvert left at 11:15 P.M.
The meeting was called to order and the Pledge of Allegiance was said by all present.
Councilman King arrived at 8 :05 P.M.
Mayor Anderson stated the first item would be a public hearing for condemnation pro-
ceedings on the house at 5619 Reeds, Brandon property, and asked Mr. Hubbard to
present the matter.
Mr. Hubbard stated that action started in 1971 on complaint of the neighbors surround-
ing the property and a public hearing was held on April 14, 1971 at 2:00 P.M. The
owner appeared as notice was sent by certified mail and return receipt was received.
At that time it was determined that the structure would be repaired. A time limit
was set for Mr. Brandon to start work, which was started. It then set vacant for a
period of time and a second public hearing was held on September 24, 1973 at 2:00 P.M.,
the owner was again notified by certified mail and return receipt was returned to
Mr. Hubbard. The result of that hearing was to demolish the house. Findings and
order were sent to Mr. Brandon who was given 30 days to complete this. The time
has expired on the second hearing. Since this property is part of an estate much legal
searching has been done. Mr. Hubbard presented photographs taken of the structure
in 1971 at the time of the first public hearing, photographs taken in September, 1973
and also of July, 1974. He stated that very little has been done from 1971 to July,
1974. Mr. Hubbard stated that bids were taken for the demolition but no contract was
awarded. Mr. Hubbard stated it is now up before the governing body for determination.
Mr. Brandon, owner, stated he never received written notice to repair the property.
After further discussion, Resolution No. 250 was presented finding that the condition
of the residence structure located at 5619 Reeds is in such a state of disrepair,
rotting and delapidation, that said structure should be demolished, razed and removed,
as said structure is unsafe and dangerous, and unfit for habitation. The Governing
Body finds that the owner of said structure be ordered to commence removal and
razing of said structure by the 16th of September and completed by the 30th of
September, 1974 and make the premises safe and secure.
A motion was made by Councilman Calvert and seconded by Councilman Mellott to
approve Resolution No. 250 as presented and read.
Mr. Brandon requested a two week delay. Councilman Raupp felt the Council should
honor the request.
Councilman Calvert stated he would change the dates from the 16th of September to
the 30th of September to be completed by the 15th of October. Councilman Mellott
stated he would include this in his second. The vote was taken on the motion and
approved unanimously.
Thereupon, a public hearing was held on the Supplemental Budget published in the
Johnson County Herald on Wednesday, August 21, 1974. Mayor Anderson stated there is
an amended comparison of total expenditures. Published on July 31, 1974 the total
was 3893,883.00. Total this supplement 337,181.33. Total expenditure, all funds is
3931,064.33. The 337,181.33 is Revenue Sharing Funds. On a motion made by Councilman
Raupp and seconded by Councilman Neal, the Supplemental Budget was approved unanimously.
MINUTES OF THE MISSION CITY COUNCIL
-2- September 11, 1974
On a motion made by Councilman King and seconded by Councilman Warman, the minutes
of August 28, 1974 were approved by unanimous vote with the following corrections:
Page 1, 5th Paragraph up from bottom: sentence with "a few exceptions" delete
word "a Delete rest of sentence.
Page 3, Paragraph 1: delete "more up- to- date" add "more readily available
After "we are using' add in Keith Hubbard's office.
Page 3, Paragraph 1, 4th sentence up: delete "up -to- date" and add "new In
motion say prepare new map as requested by Planning Commission.
Page 3, 3rd Paragraph from bottom: four sides brick veneer and four sides mansard
roof.
Mr. Hubbard stated that regarding the plans of the Jack In The Box Restaurant, they
have presented revised plot plans showing all of the revisions asked for.
Mayor Anderson read a letter of appreciation from Georgene Pine to the Police Dept.
for the help her mother received from Sgt. Robert Sturm, Patrolmen Mark Ashurst
and Paul Arnold on September 3rd.
Mr. Hubbard presented an application for a building permit for Goodrich Dairy Store
at 5929 Broadmoor, which had been tabled at the August 28th meeting. He stated
that the plans meet the codes. The location of the sign was shown on the plans
but a sign permit will be applied for at a later date. He reported that the
Master Drainage Plan is not involved in this area.
After further discussion, a motion was made by Councilman Raupp and seconded by
Councilman Calvert to approve the building permit as presented. The motion was
approved by unanimous vote.
Mr. Hubbard presented an application for a pole sign for Fox Photo at Johnson Drive
and Reeds and stated the leading edge of the sign would be 35 feet from the property
line. After discussion, a motion was made by Councilman Warman and seconded by
Councilman Neal to approve the pole sign providing that it be 35 feet from the
property line in accordance with the plans and that it be non animated, moving,
flashing, etc. The motion was approved unanimously.
Mr. Hubbard presented an application for a building permit for Whopperburger at
6018 Johnson Drive for the construction of a mansard roof. Mr. Hubbard stated they
plan to go 8 foot around the east end, across the front and on the Beverly side with
the roof. He recommended that if the building permit is approved that a knock -out
panel be placed in the underside (one per side) in case of a fire. Councilman Raupp
felt they should also do the entire east side of the building next to the Gas Service
Company with the roof.
A motion was made by Councilman Raupp and seconded by Councilman Thomas to approve
the building permit on the basis that the mansard roof be run the full width of
the building on the east and west sides and across the front of the building. If
the sign is moved and replaced that it not flash, animate, rotate, etc. The vote
was taken on the motion and approved unanimously.
Councilman Raupp asked if the electrical wiring has been fixed in the basement.
It was reported that the basement has not been in use but an inspection was made
Councilman Warman inquired about sidewalks. Mr. Hubbard stated that there is
one in the front only.
MINUTES OF 1'ar. MISSION CITY COUNCIL
-3- September 11, 1974
Mayor Anderson stated he would like to reappoint Jerry Schmitz to the Park and
Recreation Commission and his term to expire on September 14, 1976. He stated
he would take no action at this time on Reid Finnell. A motion was made by
Councilman Warman and seconded by Councilman Thomas to confirm the reappointment
as stated. The motion was approved by unanimous vote.
On a motion made by Councilman King and seconded by Councilman Calvert, the
Appropriation Ordinance was approved unanimously.
Tony Masser, 6006 W. 57th Street, asked what has been done about the repair of 57th St.
Councilman King stated he has not had a Street Committee meeting since the last Council
meeting but will schedule one later in the meeting for next Wednesday night.
Mr. Masser stated he took a look at the bridge deck on Roeland Drive and as far as
he is concerned there is no crumbling in the center of that bridge. He stated he
did not feel that the signs have been put up properly. He stated he discussed with
Mr. Hubbard opening up the bridge to one -way traffic only. Mayor Anderson stated
that the city has to take an engineer's word that the bridge should be closed as it
is dangerous.
Thereupon, Mr. Hubbard gave a report regarding the bridge closing and stated that
after the last Council meeting more core samples were taken from the bridge deck.
Mr. Hubbard presented letters from Shafer, Kline Warren and Pfuhl Stevson
Consulting Engineers. In Mr. Stevson's letter, it appears that the center 12 feet
of the bridge would safely carry a 3 ton limit. Mr. Hubbard stated he then contacted
Black Veach, Consulting Engineers, and received a letter from Robert E. Vansant
stating that their work load would make it impossible to assign an engineer with the
appropriate type of experience on such short notice. They suggested that the city
contact Bob D. Campbell Company, Structural Engineers for services. Mr. Hubbard
stated he contacted Bob Campbell Company and asked them what they would charge
the city to recheck the cores, existing bridge plans, and make an evaluation of the
bridge as it exists. He received a letter from Bob Campbell Company that they would
be able to do the requested within the next ten days and enclosed a copy of hourly
contract with rates. The letter stated that if they are not needed to do more than
give their opinion of the existing bridge they would expect time involved would not
exceed twelve hours. Mr. Hubbard stated that the rate fees for a principal would
be $32.50/hour and for an associate $25.00/hour.
After further discussion, a motion was made by Councilman Raupp and seconded by
Councilman Warman that we request that Bob D. Campbell Company, Structural Engineers,
give us a reading on the bridge in question not to exceed $700.00 per letter dated
September 10, 1974. No action to be taken on the bridge until the next Council
meeting and that we have a recommendation from Bob D. Campbell Company by next
meeting. The motion was approved by unanimous vote.
Mr. Hubbard then reported that since our last Council meeting he had a meeting with
the County Commissioners on September 4th to discuss the bridge. He stated he
established with them that it did not qualify as a bridge according to State Statutes.
It was determined that this be referred to as a drainage structure. The County
Engineer argued.against the County participating with the repair of the bridge. The
Commissioners asked what participation he was asking for in the name of the City of
Mission and he told them we would settle for any aid they could give us. The final
action was that within 10 days they would have a full meeting to decide participation
and percentage dollar wise. He stated that after the meeting he talked to two of the
Commissioners and they stated they thought they would participate 50% or $25,000.00.
He stated he hoped to have word from them by the next Council meeting.
MINUTES OF THE MISSION CITY COUNCIL
-4- September 11, 1 974
Thereupon, the Council discussed a resolution, adopted by the Council of Mayors,
calling for the enactment by the Legislature of an additional 1% sales tax to be
distributed to the cities within the county of origin, said distribution within
said county to be made to the cities, 50% on the basis of population, and 50%
either on the basis of the existing mill levy rate or in the alternative, on the
basis of the sales tax point of origin within the county. Further that the
Legislature be urged to enact a revenue sharing program to be adopted by the
State whereby 5% of the State Income Tax and 5$ of the existing 3% Sales Tax
levied by the State be distributed on a per capita basis within the county of
origin to the cities within the county.
After much discussion, a motion was made by Councilman Warman and seconded by
Councilman King that we recommend to the League, after consideration of the
Council of Mayors Resolution, that we affirm the second part of the Resolution
regarding the revenue sharing program to be adopted by the State whereby 5% of
the State Income Tax and 5% of the existing 5% Sales Tax levied by the State be
distributed on a per capita basis within the county of origin to the cities
within the county and recommend further study of the possibility of Additional sales
tax. The vote was taken on the motion as follows: Aye: Councilmen Warman, Mellott,
Calvert, King, Thomas and Raupp. Nay: Councilman Neal.
Councilman King, Chairman of the Street Committee, scheduled a meeting for Wednesday,
September 18th at 7:30 P.M.
In the absence of Councilman Lauber, Chairman of the Finance Committee, there was
no report. Councilman Raupp stated the Finance Committee needs to have a meeting
next week and asked that Councilman Lauber be contacted and a meeting set up.
Councilman Calvert, Chairman of the Ordinance Committee, stated the Committee met
Wednesday, September 4th and discussed several items.
1. An ordinance regarding campers, trailers, boats, etc. The Ordinance Committee
recommends that the matter be referred to the Planning Commission for study and
recommendation.
After discussion, a motion was made by Councilman Calvert and seconded by Councilman
Warman that the matter be referred to the Planning Commission for study and recom-
mendation back to the Council. The vote was as follows: Aye: Councilmen Warman,
Mellott, Calvert, King and Thomas. Nay: Councilmen Neal and Raupp.
2. Codification. Mr Hursh reported that the cost to print the Codification has
gone up. He stated that the Council previously approved $700.00 for the printing.
He stated he took bids and Neff Printing came in with the low bid of $1,558.50
for 100 copies, 80 pound paper, collated and punched. He stated that we have an
alternative Zerox has offered to print the Codification at no cost to the city
if we would rent a copy machine at $135.00 per month. He stated that the city
would have to run twice as many copies per month to justify renting the machine.
After discussion, a motion was made by Councilman Raupp and seconded by Councilman
Calvert that Neff Printing Company, low bidder, print the Codification, 100 copies,
collate, punch at a cost of $1,558.50. The motion was approved unanimously.
3. Councilman Calvert stated that the Ordinance Committee recommends that the
Planning Commission study minimum setbacks for building for all present and future
MINUTES OF THE MISSION CITY COUNCIL -5- September 11, 1974
collector streets, as defined by Plate 33 in the Master Plan. Councilman Calvert
stated he would make this a motion and Councilman Warman seconded the motion.
Councilman Calvert stated the Committee also would like the Planning Commission to
study fences as to location in front of building lines, corner lots, etc. as
presently set forth in materials of construction. Councilman Calvert included
this in his motion and Councilman Warman seconded. The motion was approved unanimously.
Councilman Thomas left at 11:00 P.M.
4. Mr. Hursh presented and read, section by section, Ordinance No. 470 rezoning
a portion of the Spartan lot to M -1, Light Industrial District, for the Fotomat Corp.
On a motion made by Councilman Warman and seconded by Councilman Mellott, Ordinance
No. 470 was approved by unanimous vote.
5. Mr. Hursh presented and read, section by section, Ordinance No. 471 amending
Ordinance No. 469 an ordinance regulating traffic upon the highways of the City of
Mission by repealing Section 2 thereof. On a motion made by Councilman Mellott
and seconded by Councilman Raupp, Ordinance No. 471 was approved by unanimous vote.
Councilman Raupp, Chairman of the Drainage Committee, had no report.
Councilman Warman, Chairman of the Park Recreation Commission, had no report but
stated that the Youth Advisory Commission would meet on September 12th at 7:30 P.M.
and the Park Recreation Commission would meet on September 19th at 7:30 P.M.
Councilman King stated that it was again time to elect a new President of the Council
and recommended that Councilman Warman be elected for one year. A motion was made
by Councilman Mellott and seconded by Councilman Calvert that Councilman Warman be
President of the Council. The vote was as follows: Aye: Councilmen Mellott,
Calvert, King, Neal and Raupp. Councilman Waxman abstained.
Mr. Hubbard reported that he has taken bids to have four dead trees removed from
city right -of -way. Out of seven tree companies contacted he has received bids from
two American Tree Service for the locations of 5819 Riggs and 55th Weimer in
the amount of $650.00. From Midwest Tree Experts for the same trees $590.00.
A motion was made by Councilman King and seconded by Councilman Warman that Midwest
Tree Experts remove the trees at 3590.00. The motion was approved unanimously.
Mr. Hubbard reminded the Council of the Chamber Breakfast on Tuesday, September
17th at 7:30 A.M.
Councilman Warman inquired about the bike registration. Chief Pike reported that
this would be done through the schools first.
Councilman Waxman inquired about the Occupation Licenses outstanding. Mr. Hubbard
stated the list would be made available the lst meeting in October. He stated we
are close to 100 now on receiving fees. He stated we have collected $64,704.00 of
the $66,000.00 budgeted.
Mayor Anderson presented a statement in the amount of $898.45 from Frank Hursh for
legal services in the case Cooper vs City of Mission. Mr. Hursh reported that the
District Court found in favor of the City. On a motion made by Councilman Calvert
and seconded by Councilman King the statement was approved by unanimous vote.
Councilman Calvert left at 11:15 P.M.
MINUTES OF ThE MISSION CITY COUNCIL
Councilman Neal stated he would set a Bicentennial meeting at the next Council
meeting.
Mayor Anderson presented a letter from Mayor Peterson, Fairway, as a formal request
for Mission to join them in providing a crossing guard for HighlandsSchool on Roe.
After a brief discussion, the matter was referred to the Street Committee and
Councilman King stated that Fairway could send delegates to the next Street
Committee meeting.
Also referred to the Street Committee was a letter from Betty M. Becker regarding
a large tree on the northwest corner of 55th Riggs which is a traffic hazard
for site distance for traffic.
Mayor Anderson presented a letter from the American Red Cross regarding the Swim
Program held in the pools this summer and that over 3,000 children and adults
were enrolled in the classes this year.
Mayor Anderson presented another letter from the American Red Cross, Marxie Hesler,
concerning a Bloodmobile for the residents of Mission. That a Bloodmobile would
be set up in a central location on a specific day and a donor recruitment committee
would be formed of Mission residents. If 6% of the population can be recruited to
donate blood to the Center, all residents of Mission would be covered for replace-
ment blood needs for a year. It will take at least four months to organize a
recruitment team, so that the date for the Bloodmobile in Mission might be in
February or March, 1975. Mayor Anderson stated this is just for information and
no action need be taken.
Mayor Anderson stated that the League Convention will be held this year in Wichita
on September 29th 30th and October 1st. After discussion, Chief Pike and Mayor
Anderson would be delegates and Keith Hubbard and Frank Hursh would be alternates.
Councilman Waxman stated he thought he would attend but would let the city know
next week.
There being no further business, the meeting was adjourned to Wednesday, September
25, 1974 at 8:00 P.M.
Attest:
,01.
Dorothy N.
saver, City Clerk
September 11, 1974
George ]XAnderson, 'T ajor