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HomeMy WebLinkAboutCC Min 03-25-1970MINUTES OF THE MISSION CITY COUNCIL March 25, 1970 The Mission City Council met in continued session on Wednesday, Parch 25, 1970 at 8:00 p.m. with Mayor George D. Anderson presiding and the following Council- men present: Rolan Warman, Jr., George Lauber, George Calvert, Jr., James Lorenz, William King, Ralph Weber, Lloyd Thomas and homer Bittiker. Mayor Anderson read a proclamation declaring the week of April 5th through 11th, 1970 as Mission Chamber of Commerce Week. On a motion made by Councilman King and seconded by Councilman Lorenz, the minutes of March 11th were approved by unanimous vote with the following corrections: Page 1, Paragraph 7, second sentence: change to read that Gordon Johnson had stated that he had asked to attend the meeting to give the Council information. Page 1, Paragraph 7, fourth sentence: children are to be bussed to summer school. Page 1, Paragraph 8, add to the end of the first sentence: even though they are participating in the playground program only. Page 1, Paragraph 9, second sentence: change to read vacation of Morton Street North of 50th Street as the designated area as presented. Page 3, Paragraph 4: an off -duty police officer will be hired by the applicant. Page 4, Paragraph 6: Councilman Lorenz made the motion which was seconded by Councilman Warman. Page 4, Paragraph 7: interest not to exceed 6%. On a motion made by Councilman King and seconded by Councilman Weber, the minutes of March 18th were approved by unanimous vote with the following corrections: Page 1, Paragraph 6: make transcript regardless of cost. Corrections to transcript: Page 15, Paragraph 5: put it where the stars are "om budsman Page 16, Paragraph 6: Delete that Councilman Calvert made the statement and replace with Councilman Thomas' name. Page 16, Paragraph 8: Delete that Councilman Calvert made the statement and replace with Councilman Thomas' name. Page 20, Paragraph 3: The statement was made by Dr. Greaves. Page 21, Paragraph 2: The statement was made by Dr. Greaves. Page 21, Paragraph 4: The statement was made by Dr. Greaves. Page 21, Paragraph 6: The statement was made by Dr. Creaves. Page 24, Paragraph 6: The statement was made by Dr. Greaves. MINUTES OF TIIE MISSION CITY COUNCIL -2- Page 27, Paragraph 2: add where the stars are "Goetz March 25, 1970 An application for a Special Use Permit for the Middle Earth at 5408 W. 58th Terrace which was tabled at the March 18th meeting was discussed. A motion was made by Councilman Lorenz that the applicant's Special Use Permit that was revoked on February 25th not be reinstated. Councilman Calvert stated that he would second Councilman Lorenz's motion and wish to make the following statement: "This is among the most difficult decisions with which I have been faced during my five years as a member of this body. I have supported the concept of the Middle Earth and the published goals it set forth to attain. At the same time, I support and believe in the democratic process; representa- tive government; and the principle of majority rule. For an operation of this nature to exist, at least two things are necessary (1) Controls and supervision from within and (2) Community support and cooperation. In regard to the first of these, Middle Earth has not stepped forward to present us with a concrete and positive proposal encompassing a system of controls and supervision. In regard to the second point, the unanimous voice of those 1 was elected to represent, has been raised in opposition to the Middle Earth. While I might have hoped that some solution could have been worked out to permit Middle Earth to continue its operation for the remainder of its six months special use permit, and which would have been acceptable to the community, this has not happened. Therefore, under these circumstances, I believe it is my obliga- tion, acting as a representative of the people of Mission, in the spirit of the democratic process to vote in opposition to the applicant's request to re -open the Middle Earth. Cod help us if, by the action tonight, a distressed and troubled youth's frightened cry for help goes unheeded Mayor Anderson asked Mr. Keith Couch, representative of the Middle Earth, if he had anything new to present. He stated that he did not. Councilman Warman stated that the city is concerned about the youth and recreation in Mission. We probably considered that aspect in connection with the Middle Earth because when it comes to the youth the council has a soft spot for building an interest in working with them. He went on to say that there is no doubt that there is probably a need in the county and a need in the City of Mission. He stated that everybody has been trying to search out the comments, opinions and records to try to decide the right thing. He stated that he felt that they didn't have the staff and control needed for this type of organization. Councilman Lorenz stated that for the city to address this problem it has to be addressed from the legality of its zoning ordinances and laws. The people involved in the program are very sincere about their efforts and they have made a very successful impact in the community in reference that a problem does exist. He stated that he feels that the objectivity of this program is fatal. Thereupon, the Council voted unanimously on the motion not to reinstate the Special Use Permit for the Middle Earth. The next item on the agenda was tabled at the March llth meeting concerning the lighting problem at the Vickers Service Station at 6501 Johnson Drive. The City Attorney reported that the problem had been solved and he sees no other problems. MINUTES OF THE MISSION CITY COUNCIL March 25, 1970 Thereupon, a motion was made by Councilman Lorenz and seconded by Councilman Lauber that the original motion made February 11, 1970 to turn off overhead lights at 11 p.m. be withdrawn. The motion was approved by unanimous vote. Mayor Anderson stated that the next item is an application for a building permit for Virginia Pies, 5300 Johnson Drive. Mr. Hubbard stated that he would like to have this omitted from the agenda. An application for a building permit for Lamar Appliance, 4735 Lamar was presented for a 36' x 50' building adjacent to the existing building. Mr. Hubbard stated that a set of building plans had been submitted and that the building does not exceed the maximum lot coverage and that it conforms to the building codes. Also, there are no drainage problems except the putting in of the sewers. Councilman Lorenz stated that the existing structure should he removed as it is minimum standard. A; motion was made by Councilman Calvert to approve the building permit. Council- man Weber seconded. After further discussion, a motion was made by Councilman Lorenz and seconded by Councilman King to amend the above motion that the building permit he approved subject to the submittal of parking plans before the April 8th Council meeting and that the existing structure be removed unless it is to be used as a residence and meets the Minimum Structure Ordinance. In as much as the Council cound not come to an agreement, a motion was made by Councilman Calvert and seconded by Councilman Warman that the matter be tabled to the April 8th meeting. The vote was taken as follows: Aye: Councilmen Warman, Calvert, and Bittiker. Nay: Councilmen Lauber, Lorenz, King, Weber and Thomas. ,lotion failed. Mr. Hull stated that he would not use the building for anything other than a residence. Councilman Lorenz stated that if the building is allowed to remain, the city would not allow its use for anything other than a residence. Thereupon, Councilman Calvert withdrew his original motion and Councilman (Veber withdrew his second. A motion was made by Councilman Lorenz and seconded by Councilman Lauber that the building permit be approved subject to submittal of parking plans prior to the April 8th meeting and the existing structure be removed after completion of the new building unless it is to be used as a residence providing that it meets the Minimum Structure Ordinance. Also, that the lights are not to shine on the residences to the East. The vote was taken with the following results: Aye: Councilmen Lauber, Lorenz, King, Weber, Thomas and Bittiker. Nay: Council- men Warman and Calvert. Thereupon, Mr. Hubbard presented an application for a building permit for Kentucky Fried Chicken, 5521 Johnson Drive and Fish E Chips, 5525 Johnson Drive along with the plans. He recommended that a 5' sidewalk be located on the Maple Street side and that the owner grant a permanent easement of 10' along Johnson Drive so that a 5' sidewalk could he put in this area. Councilman Lorenz advised the applicant as to the location of the pole sign or any MINUTES OP THE MISSION CITY COUNCIL other type of sign. -4- March 25, 1970 After further discussion, a motion was made by Councilman Lorenz and seconded by Councilman Bittiker that the building permit he approved subject to a 5' sidewalk being constructed on Maple Street side and a 10' permanent easement be given to the City on Johnson Drive for construction of a sidewalk. Also, that entrance be from Johnson Drive with entrance or exit on Maple Street. The motion was approved by unanimous vote. Thereupon, Mr. Hubbard presented an application for a Special Use Permit at 5923 Woodson for Anderson Hutchison Food Sales, Inc. Mr. Hubbard stated that it has been used as a residence up until now. They are proposing to use it for their sales office. He stated that he thought it has been vacant for approximately one year. Councilman Lorenz inquired as to the time limit for this Special Use Permit. Mr. John Lewis, agent, stated that the applicant would like to have two years as a time limit. He stated that the applicants plan to construct a new office building in two or three years and also that they plan tobuy the next lot. After discussion, a motion was made by Councilman Bittiker and seconded by Councilman Weber to grant the Special Use Permit for two years for the purpose requested. Thereupon, a motion was made by Councilman Warman and seconded by Councilman King to amend the above motion that the driveway and parking area in back be asphalted in such a way that it would not create a drainage problem to the North and subject to submittal of plans for an office building in two years. The motion was approved by unanimous vote. The vote was then taken on the original motion as follows: Aye: Councilmen Warman, Lauber, Lorenz, King, Weber, Thomas and Bittiker. Nay: Councilman Calvert. Thereupon, the Health Inspector's Report was presented and accepted. Mr. Hubbard then presented an application for a building permit for Mobil Oil Company, 5500 Johnson Drive. He stated that he has been informed by Mobil Oil Company that they have a signed permanent easement from Ed Long, owner, granting the city the 5' additional right -of -way for the construction of Nall Avenue North of Johnson Drive. Councilman Lorenz asked Mr. Hubbard if he recommended approval of the building permit. Mr. Hubbard stated that he did contingent on them receiving a driveway permit from the State highway Commission on Johnson Drive. Thereupon, a motion was made by Councilman Lorenz and seconded by Councilman Bittiker that the building permit be approved subject to submittal of a highway Commission permit for a curb cut on Johnson Drive and contingent to receiving permanent easement on Nall Avenue for the widening. Mr. Hubbard stated that they also are requesting a 8' rotating sign on an 18' pole. Councilman Warman inquired if this sign would interfere with the traffic signal. Mr. Hubbard stated that the city received a easement for a traffic signal on the Northwest corner of Johnson Drive and Nall. He stated that he MINUTES OF THE MISSION CITY COUNCIL -5- March 25, 1970 had reservations about the sign until he had seen the one at 75th and Metcalf which rotates very slowly. Councilman Lorenz stated that he would like to state in his motion that any sign permit be excluded at this time. The vote was taken and the motion was approved by unanimous vote. Councilman Lorenz stated that Mobil Oil Company would have to resubmit an application for a sign permit after traffic lights are located. Ile stated that the pole sign as shown on the plans is not approved at this time. On a motion made by Councilman King and seconded by Councilman Warman, the Appropriation Ordinance was approved by unanimous vote. Councilman Lorenz, Chairman of the Street Committee, reported that he had met with Bob Cumley on Saturday in reference to the Nall Avenue Project. Mr. Cumley stated that the Mission State Bank is not satisfied with the medial on Nall Avenue. They want a cut in the medial so the customers can get to the drive -in facility easily. They feel they need a left hand turn for traffic going South from Johnson Drive. Councilman Lorenz stated that perhaps a left turn could he allowed at Martway. He told Mr. Cumley that if it is recommended by the project engineers and approved by the county then the city would consider the matter. Councilman Lorenz stated that he feels it is not necessary to have a Street Committee meeting. Mayor Anderson stated that he was down to the bank Saturday morning and they have a plan on how they would curb the area around the bank and within this curb they would contain all the traffic. Ile stated that the plans show entrances in three places. Frank Ilursh stated that he talked with Virgil Iloldredge, County Engineer, and they are against it because if a break is made in the medial there's no way to signalize or move traffic. Keith Hubbard stated that they called him and asked him to meet with them to look over some of the proposed plans they have. He stated that they approached him to make these changes and he advised them that he had no authority to make these changes which they are proposing. He stated that he told them they would have to come before the City Council and they would review their proposed changes and pass them on to the county, since they are the contract agents, for their approval. He went on to say that they told him they have a week from Friday to file their appeal. Mr. Hubbard then stated that he told them he would see if the Street Committee would set up a meeting to discuss the matter. He stated that he had no idea when he talked to them yesterday that they had talked to Councilman Lorenz. Councilman Lorenz stated that he told them that if they really felt they needed left hand turn movement at Martway thenwould could bend the medial strip over a little ways. He stated that he could not see holding any special meeting to discuss this situation. Keith Hubbard stated that this set of plans has been on file for two years. Frank Hursh stated to send them to Virgil Iloldredge and Howard Needles and let them work it out. MINUTES OF THE MISSION CITY COUNCIL -6 March 25, 1970 Councilman Lauber, Chairman of the Finance Committee, said that they reviewed the Missouri Glue Cross Blue Shield plan which was submitted by Mrs. Beaver along with the present plan for comparison. He stated that the committee recommends that the City accept the Missouri Blue Cross Blue Shield plan. Thereupon, a motion was made by Councilman Lauber and seconded by Councilman Weber that the Missouri Blue Cross and Blue Shield plan be accepted as proposed. The vote was taken as follows: Aye: Councilmen Lauber, Lorent, King, Weber, Thomas and Bittiker. Councilmen Warman and Calvert abstained. Councilman Lauber stated that when the City signed the agreement with the City of Countrside for swimming pool privileges last year there is an option in the contract that Mission can increase their rates 5% each year. Thereupon, upon the recommendation of the Finance Committee, a motion was made by Councilman Lauber and seconded by Councilman Warman to exercise the option and increase the rates 5% for 1970. The motion was approved by unanimous vote. Councilman Lauber stated that Mr. Ilubbard should send them a letter informing them that this is being done and also that the rates will be increased next year so that they can budget for it. Councilman Calvert, Chairman of the Drainage Committee, had no report. April 1, 1970 at 7:30 p.m. was set for the next meeting. Councilman King, Chairman of the Ordinance Committee, had no report. Mayor Anderson read a letter from Martin F. Moffitt, 5101 Walmer, requesting a meeting with the City Council at their earliest convenience. No action was taken. Councilman Warman, Chairman of the Park F', Recreation Commission, presented their report dated March 25, 1970 concerning their meeting of March 19th. He stated that in Item No. 7 the commission recommends approval of the schedule requested by the Red Cross at the rates set last year. These are $1.50 per session for Mission residents (adult and youth), $2.00 per session for non- resident youth and $3.00 per session for non resident adults. Thereupon, a motion was made by Councilman Warman and seconded by Councilman Calvert that either Keith Ilubbard or Mayor Anderson acknowledge the letter from the Red Cross approving the schedule as presented at the rates as same as last year. Councilman Warman also stated that the Red Cross would like for the city to acknowledge publicly what charges our people pay are *Mission fees for the use of the pool. Councilman Warman stated that this could he done in the Newsletter. Thereupon, the vote was taken and approved by unanimous vote. Councilman Warman then presented a letter written to him by Gordon Johnson, Director of Park and Recreation of the Johnson County Park and Recreation District dated March 23, 1970. He then presented a letter to Mr. Johnson for Mayor Anderson's signature concerning the summer playground program. MINUTES OF THE MISSION CITY COUNCIL -7- March 25, 1970 After discussion, a motion was made by Councilman Warman and seconded by Councilman King that the letter be sent with changes concerning the bussing of children and that the location of St. Pius be changed to 55th Woodson and that Mayor Anderson edit the letter for his signature. The motion was approved by unanimous vote. Thereupon, Mr. Hubbard reported that a man came into his office and told him that they want to take the property at 60th F, Roe, moving the seven houses in order to erect a building that would be in the category of R -4 apartments. He stated that it would cater to the retired person with a large income. They would not cater to the invalid or the convalescent. Councilman Lorenz stated that they would have to re -file before the Planning Commission as this would be a rezoning matter. After further discussion, it was determined that Mr. Hubbard would inform them to file an application with the Planning Commission. Mayor Anderson then asked that everyone should have their contribution ready for the Newsletter for the April 8th meeting. Mayor Anderson then read a proclamation declaring May 1, 1970 as Loyalty Day as requested by the Veterans of Foreign Wars. Thereupon, Mr. Hubbard reported that some time ago an expenditure of $500 was authorized for the purchase of a new electric typewriter. He stated that there was a Royal and an IBM typewriter on trial. He reported that the Royal would cost $450 and the IBM would cost $486. He recommended that purchase of the Royal typewriter at a cost of $450.00 be made. Thereupon, a motion was made by Councilman Lauber and seconded by Councilman Lorenz that the Royal typewriter be purchased at a cost of $450.00. The motion was approved by unanimous vote. Chief Pike reported that the two officers who went to training school at Hutchison returned among the top of the class. These officers are Larry Hadley and Glen Weber. Councilman Lauber reported that there are dogs running loose and asked if the dog catcher could get out again. Mr. Hubbard stated that he would have them out as soon as the order of new serum is received for the tranquilizer gun. '!'hereupon, Councilman Lorenz stated that as chairman of the sidewalk committee he would like to authorize Mayor Anderson, Lloyd Thomas and Rolan Warman as poll agents to be present at the polls on April 7th to answer any questions on the sidewalk issue. Councilman Bittiker read a letter from Mr. Wilmot, 6323 Woodson, complaining about the dogs running at large through his neighborhood. There being no further business, the meeting was adjourned until Wednesday, April 8, 1970 at 8:00 p.m. Attest: "Dorothy N. eaver, City Clerk