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09-23-1996 MinutesAction 96-748 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS SEPTEMBER 23, 1996 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, September 23, 1996, at 4:00 p.m. There were present: Mayor Evelyn Maxwell, Chairman presiding Commissioner R. Abner Perney Commissioner John Divine Commissioner Peter F. Brungardt Commissioner Kristin M. Seaton comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Judy D. Long, City Clerk None. None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) Resolution Number 96-5070 expressing gratitude and appreciation to Donald V. Tillberg for serving as a Maintenance Worker I for the Salina Municipal Golf Course from May 1, 1972 to October 1, 1996. Moved by Commissioner Divine, seconded by Commissioner Brungardt, to adopt Resolution Number 96-5070. Aye: (5) . Nay: (0) . Motion carried. Mayor Maxwell presented a plaque to Mr. Tillberg and personally thanked him for his contribution. (4.2) The Week of September 22nd through 28th, 1996 as "DEAF AWARENESS WEEK" in the City of Salina. The proclamation was read by Judy Brown, Interpreter, and interpreted by Richard Kerby of OCCK's Deaf Club. (4.3) The Month of October, 1996 as "DOMESTIC VIOLENCE AWARENESS MONTH" in the City of Salina. The proclamation was read by Sandra Dilling, Executive Director of the Domestic Violence Association of Central Kansas. (4.4) The Month of October, 1996 as "NATIONAL FAMILY SEXUALITY EDUCATION MONTH" in the City of Salina. The proclamation was read by Laura Pestinger, Director, Adolescent Pregnancy Reduction Project, "Let's Talk!" Campaign for Responsible Sexuality, YWCA of Salina. (4.5) The Month of October, 1996 as "BREAST CANCER AWARENESS MONTH" in the City of Salina. The proclamation was read by Pat Kinnaird, Executive Director of the YWCA. (4.6) The Week of October 6th through 12th, 1996 as "YWCA WEEK WITHOUT VIOLENCE" in the City of Salina. The proclamation was read by Pat Kinnaird, Executive Director of the YWCA. (4.7) The Week of October 6th through 12th, 1996 as "FIRE PREVENTION WEEK" in the City of Salina. The proclamation was read by Carol Vineyard, Salina Fire Department Public Educator. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing to consider adoption of a resolution providing for the repair or removal of dangerous structures. (5.1a) Resolution Number 96-5071. Action Mike Peterson, Building Inspector and Zoning Administrator, gave the staff report and showed slides of the structures in question. He clarified that staff has worked with all the property owners for at least a year prior to bringing this action before the Commission and that all properties are listed for structural and safety issues. Commissioner Seaton left during this presentation. Mayor Maxwell called the Public Hearing to order. Ken Wasserman, representing the Richardson Family Trust 912 North Santa Fe Avenue (property number 9) , explained that they have a buyer and that the buyer plans to restore the building. He hoped to have a commitment from the buyer within a week to ten days, if the deal falls through there is no other use for the structure. Gerald White, 915 North 7th Street (property number 5) , explained that he has a need and desire to finish the repair of the property and told the Commission what he had completed to date, sharing photographs taken this morning with Mr. Peterson. Mr. Peterson clarified that 70% to 90% of the work needs to be completed by the deadline. Joe Robinson, 715 Spruce (property number 10) , informed the Commission that he is in financial trouble and explained that there is no way he can fix it all up now and he is doing a little at a time. He stated that the structure is a former church and that he feels it is solid. Mr. Peterson went over several specific items on the list and noted that a reinspection could be done. When asked Mr. Robinson stated that he is the owner/occupant and that it would take him several years to repair the house. Mr. Peterson informed the Commission that these issues have been discussed with Mr. Robinson over the past five years. Rick Pace, 902 North 7th Street (property number 4) , stated that they are in the process of demolishing the house. Clarence Schmidt, 1104 North 4th (property number 1), informed the Commission that he is making repairs, has painted, and windows fixed. Mr. Peterson acknowledged that work is being done on the repairs and that Mr. Schmidt has family members assisting him with the work. Commissioner Brungardt asked if it was necessary to hear from each property owner or if the resolution did not allow Mr. Peterson to continue working with the property owners. Mr. Peterson confirmed that the resolution does allow staff to continue working with the property owners and explained why he does not recommend removing any of the properties from the resolution. The demolition will be bid as independently priced units and he explained the need to set a deadline. Roy Dudark, Director of Planning and Community Development, responded to the Mayor's inquiry regarding financial assistance for the property owners, noting that $75,000 was available with a $6,000 limit per property to qualified applicants. He clarified that the owners should have been on the list by now. David Frost, representing Shepardsgate Boys Home, received 506 West Walnut (property number 11) as a gift in August. They own the adjacent property and are planning to repair the home. They have a Mennonite group coming in to do the work some time during the first 6 months of next year and he asked for an extension. Mr. Peterson explained that most of the repair is to the interior of the structure and that he would need a firm commitment and time frame for completion. He agreed that Mr. Frost is new to the process and has not had the time the other owners have had, though Mr. Frost was aware when he accepted the property that work had to be done. He noted there remains a safety concern but with a firm commitment and permits he would lean to extend the deadline to January 3rd, 1997. He repeated that the property should Action 96-749 remain on the list to allow staff to work with the individuals and that he will return with an update. Moved by Commissioner Perney, seconded by Commissioner Brungardt, to adopt Resolution Number 96-5071. There being no other comments the Mayor declared the Public Hearing closed. The Mayor noted that this issue will return to the Commission for review around October 31st and called a vote to the motion on the floor. Aye: (4). Nay: (0). Motion carried. (5.2) Consider reinstating the demolition schedule for a dangerous structure at 245 S. Santa Fe Ave., the former Hough Piano Building. Mike Peterson, Building Inspector and Zoning Administrator, explained the staff request to reinstate the demolition schedule, clarifying that it is not possible for the owner to meet the deadline at this point in time. Dennis Kissinger explained that this had also been an area of concern by others located in the downtown area and that commitments made to the City Commission should be kept. Mayor Maxwell called the Public Hearing to order. Darrold Hough, property owner, explained that his correspondence has still been going to the wrong address and he just found out about this agenda item today. He noted that some of the delay has been in the removal of the home next door. He informed the Commission that bids are still being received for the work to be done and agrees in its current state the property is an eyesore though he wants to build an office building in its place. He explained that they have been making plans and would like the contractor to explain some of the plans. Mr. Kissinger asked if he had a contract with an architect to do the design work and provide certified plans in order to get a building permit. He clarified and repeated his question that he wanted to know if Mr. Hough had a contract with an architect that will give certified plans to allow for a construction permit and informed Mr. Hough that the architect says he does not. Reg Lieker, Salina Building Systems, informed the Commission that an architect has done some work on a per hour basis and that there is no contract. He is currently working up a quote to take back to the architect so that final changes can be made to provide for a set of plans for a building permit. Mr. Kissinger asked if there was a date when Mr. Hough knows he will have a building permit. Mr. Hough said he could only guess, that they are doing the best that they can, and are moving forward as fast as they can. He restated that they want to develop the property and that it includes the demolition of another house that has changed the plans. He commented that it is because there have been so many changes that the architect is on a per hour basis. Mr. Kissinger reminded the Commission that this property had already been declared a dangerous structure. Mr. Kissinger restated that at the November 4th City Commission meeting staff will have a report of those property owners who have complied by the October 31st deadline. Mr. Peterson added that if Mr. Hough applies for a permit it can be Commissioner Brungardt informed Mr. Hough that the Commission could put the property back on the destruction list. He clarified that Mr. Hough would need to have a building permit by the time bids are authorized to be let by the November 4,1996 City Commission Meeting in order for it to be pulled from the list. Mr. Kissinger reminded the Commission that this property had already been declared a dangerous structure. Mr. Kissinger restated that at the November 4th City Commission meeting staff will have a report of those property owners who have complied by the October 31st deadline. Mr. Peterson added that if Mr. Hough applies for a permit it can be Action #II 96-750 96-751 96-752 96-753 96-754 COM removed from the demolition list with others that are substantially complete. In response to the Mayor's concern of Mr. Hough's correct address, Mr. Peterson informed the Commission that all correspondence has been directed to his home address, his father's home address, and his work address. There being no other comments the Mayor declared the Public Hearing closed. Moved by Commissioner Divine to reinstate the demolition order for the structure at 245 South Santa Fe Ave. Commissioner Brungardt seconded noting that the property is to be added to Resolution Number 96-5071. Aye: (4) . Nay: (0) . Motion carried. CONSENT AGENDA (6.1) Approve the minutes of the regular meeting of September 16, 1996. Moved by Commissioner Divine, seconded by Commissioner Perney, to approve the consent agenda. Aye: (4). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Resolution Number 96-5068 authorizing the Mayor to execute an agreement with Wilson and Company Engineers for the street and drainage improvements to Magnolia Road from South Ninth Street to Belmont Boulevard. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the proposed project and agreement. Moved by Commissioner Perney, seconded by Commissioner Brungardt, to adopt Resolution Number 96-5068 as presented. Aye: (4) . Nay: (0) . Motion carried. (8.2) Award the contract for Radio Telemetry System, Project Number 95-948. Don Hoff, Director of Engineering and Utilities, explained the project and the bids received September 17th. Moved by Commissioner Brungardt, seconded by Commissioner Divine, to award the contract for the Radio Telemetry System, Project Number 95-948, to Micro -Comm, Inc., in the amount of $257,936. Aye: (4). Nay: (0) . Motion carried. (8.3) Award of contract for the 1996 Subdivision Improvements, Project Number 96-971. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the project and the bids received September 10th. He also explained the River Meadows Addition bid came in very high and the developer has decided not to proceed. The amount for this subdivision will be removed by a change order at a later date. Recommended the award of the contract with conditions of getting the letter of intent from Stevens and the letter of credit from Belmont Plaza. Moved by Commissioner Divine, seconded by Commissioner Perney, to award the contract for Street and Drainage Improvements to Shears, Inc. and Water and Sanitary Sewer Improvements to Stevens Contractors, Inc. as presented with the conditions as stated of getting the letter of intent from Stevens and the letter of credit from Belmont Plaza. Aye: (4) . Nay: (0) . Motion carried. OTHER BUSINESS (9.1) Mayor Maxwell stated the Flood Study today will continue on October 14th and 21st. There will be no meeting September 30, 1996 as it is the fifth Monday nor on October 7th due to the annual League of Kansas Municipalities. Action. 96-755 ADJOURNMENT Moved by Commissioner Divine, seconded by Commissioner Brungardt, that the Regular Meeting of the Board of Commissioners be adjourned. Aye:(4). Nay: (0). Motion carried. The meeting adjourned at 5:45 p.m. [ SEAL ] ATTEST: udy . L g, CMC, Cit Clerk Evelyn Maxwell, Mayor