LARNED — Residents who challenged a request to vacate their alley in northwest Larned also expect to protest its approval during the 30-day period prior to the new ordinance’s effective date, city officials were told following discussion during Tuesday’s meeting of the Larned City Council.

Vacation of streets and alleys are a rare thing in Larned. The Larned City Council, however, was beset with an extensive discussion at Tuesday’s meeting.

The request was made by Morris Smith, owner of Morris Smith Ford in northwest Larned.

A complex problem

The dealership Ralph Baird established in 1974 and for decades operated at 820 Fort Larned Ave. was purchased by the Janssen Auto Group in 2017, as the only remaining sales and service automotive dealership in the community. Morris Smith, who joined the Janssen staff as an operating partner in August 2020, purchased the business in September 2021 and renamed it Morris Smith Ford of Larned.

In appearing before the council Monday, Smith said that his obligation to Ford as a franchisee is to make the dealership “image compliant” involving an investment in upgrading and expanding facilities. The alley in question bisects Smith’s property with the building on the south and lot space to the north.

“Essentially, what we are looking to do is expand northward as well as eastward on the property,” Smith said. “What you are seeing in the renderings is preliminary, there will probably be a dozen changes, but I need to expand east to have a two-car service garage, build a covered delivery area for new cars on the south, and the primary reason I need to vacate the alley is to extend the service department building to be closer to the other property that’s owned.

“This is a significant endeavor,” Smith explained. “It isn’t a facelift; it isn’t paint, it’s a complete renovation as part of the image compliance Ford has requested. 

“Our facility has not been updated since the ‘60s. This is a from-scratch aspect. You don’t get to buy the brand. You get to buy the facility and the land, but the brand is appointed by the manufacturer. When I purchased the franchise from Janssen, part of my dealer agreement is that I have to provide an image-compliant facility in order to renew my franchise agreement. Currently, Smith has been granted an extension on a two-year agreement, he said.

“It’s a commitment from me; I bought a house here, my daughter goes to school here. This has to be a long-term thing, and something I want to do.”

Smith explained that the Ford company will not commit to the renovation without assurances that the project can be completed to its standards. 

Vacating a portion of the alley, however, is a concern to those residents who neighbor Smith’s dealership to the north with addresses on Vernon Drive. Several residents were present at the meeting.

“We thought that at this meeting, we would be discussing where the alley would come out,” noted Melody Flowers, 721 Vernon Drive. “We’re concerned with fire access, police access and our own access to our property.

“This isn’t something we take lightly, we want Morris to understand, we want him to stay here, he is great for this town and we appreciate that. There are several of us here who have a big stake in this,” she said.

Several of the residents’ garages open to the south to the alley, including those who have trailers that need to be able to have street access.

Smith said that the plan is not to build through the alley, but into the setback outlined by current ordinance. “I’m not building from property line to property line,” he said. Vacating that portion of the alley would remove the setback restriction.

“If you plan to build into the alley, we are struggling now,” Flowers said. 

Council discussion

An ordinance for the proposed vacation, along with state statutory authorization ,was prepared by City Attorney Ron Smith in advance of the meeting. During floor discussion with the residents, City Manager Brad Eilts noted that once approved the ordinance would be published in the city’s newspaper of record. The ordinance would then be effective 30 days from date of publication unless a written protest from one or more persons is filed prior to the perceived effective date. 

A hearing regarding the protest would then be scheduled within 10 days following the 30-day period, Eilts said. 

Mayor William Nusser proposed that discussion could commence during the 10-day period that would focus on a resolution amenable to all parties. 

Several of the residents asked to see a more definitive plan that the Ford Company had yet to provide. Council member Kim Barnes was concerned with the apparent urgent nature of a council decision.

“We got this last week and I have not seen or been involved with any of your meetings, so this whole discussion tonight is new to me as a council member,” Barnes said. “I’m not wanting people to think that this is a ‘push job’ by the council.”

Barnes asked how many signatures would be required to lodge a protest if the ordinance if approved. Nusser noted that according to the city attorney’s written explanation, “unless one or more interested parties files a written protest before the expiration of time,” the ordinance would take effect.

“So, if one person files a written protest the council would be required after the 30 days as discussed, the mayor said.

“I would prefer that we could come to a compromise that everyone could see together,” Nusser said. “With that, I would ask for council to approve the ordinance as presented.”

Following a motion to approve, the ordinance was approved on a 4-2 roll call vote, with council members Barnes and Gary Rainbolt opposed.