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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