01-14-2013 Minutesi
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
January 14, 2013
4:00 p.m.
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The City Commission convened at 2:30 p.m. in a Study Session on Continuous Process
Improvement Initiative. The Regular Meeting of the Board of Commissioners was called to
order at 4:00 p.m. in Room 107, City -County Building. A roll call was taken followed by the
Pledge of Allegiance and a moment of silence.
' There were present:
Mayor Norman M. Jennings, Presiding Officer
Commissioner Samantha P. Angell
Commissioner Kaye J. Crawford
Commissioner Aaron Householter
Absent: Commissioner Barb Shirley
comprising a quorum of the Board, also present:
Jason A. Gage, City Manager
Greg Bengtson, City Attorney
Lieu Ann Elsey, City Clerk
CITIZEN FORUM
Dennis Lauver, Chamber of the Commerce, introduced Beth Shelton the new Project
Manager of Economic Development for the Chamber.
AWARDS AND PROCLAMATIONS
(4.1) The day of January 21, 2013 "Dr. Martin Luther King, Jr. Commemoration Day' in the
city of Salina. Aaliyah Banton read the proclamation and announced upcoming events.
' PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of January 7, 2013.
(6.2) Resolution No. 13-6970 appointing members to the Building Advisory Board, Heritage
Commission, Human Relations Commission, Salina Economic Development Incentives
Council, and the Salina -Saline County Solid Waste Management Committee.
(6.3) Award of contract for the Water Treatment Plant Capital Maintenance Improvements,
Project No. 13-2958 to Walters -Morgan Construction, Inc. in the amount not to exceed
$188,452.
(6.4) Authorize the purchase of two rotary mowers and one reel mower (with attachments)
from Professional Turf Products, L.P. in the amount of $121,975.99.
(6.5) Item removed from the agenda.
(6.6) Resolution No. 13-6968 adopting the Parks and Recreation Revenue and Pricing Policy.
(6.7) Resolution No. 13-6973 authorizing the purchase of wellness fair services from
' Comcare.
A discussion followed between Commissioner Angell, Natalie Fischer, Director of Human
Resources, and Jason Gage, City Manager, regarding the services offered, use of information
gathered, and affect on stop -loss premiums.
Commissioner Householter questioned the requirement for a medical director and the need to
act on the item that was 6.5. Mr. Gage clarified that the existing agreement is still in effect.
13-0009 Moved by Commissioner Householter, seconded by Commissioner Angell, to approve the
consent agenda as presented. Aye: (4). Nay: (0). Motion carried.
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DEVELOPMENT BUSINESS
None.
ADMINISTRATION
(8.1) Second reading Ordinance No. 13-10670 changing the zoning district classification from
PC -1 (Planned Restricted Business) to R-1 (Single -Family Residential) in the Quail
Meadows Estates Addition No. 2.
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' 8 Mayor Jennings noted that Ordinance No. 13-10670 was passed on first reading on
8 January 7, 2013 and since that time no comments have been received.
13-0010 Moved by Commissioner Householter, seconded by Commissioner Crawford, to adopt
Ordinance No. 13-10670 on second reading. A roll call vote was taken. Aye: (4) Angell,
Crawford, Householter, Jennings. Nay: (0). Motion carried.
(8.2) Second reading Ordinance No. 13-10671 changing the zoning district classification on
14 public properties owned by USD 305 to the newly established Public
Use/Educational Facilities (P (EF)) district.
Mayor Jennings noted that Ordinance No. 13-10671 was passed on first reading on
January 7, 2013 and since that time no comments have been received.
Christopher Hernandez, 1503 Stapler Avenue, expressed his concerns with the
legislative process and felt that the text amendment prior to the quasi judicial process
was not completed. He continued to comment on ordinance requirements and the
effective date of Ordinance No. 12-10677.
Greg Bengtson, City Attorney, responded to Mr. Hernandez regarding ordinance
requirements. He also then outlined the events that surrounded the ordinance in
question and its relation to the proposed ordinance.
' A discussion followed between Mr. Hernandez, Mr. Bengtson, and City Manager Jason
Gage regarding the role of city attorneys.
Mayor Jennings clarified Mr. Hernandez's concerns on the opportunity to provide
public comment and the legality of the ordinance.
A discussion followed between Commissioner Householter and Mr. Bengston
regarding the role of the Planning Commission and the quasi-judicial and legislative
process.
Commissioner Householter commented on the importance of the having an efficient
process.
Mr. Hernandez then expressed his concerns with materials being presented to the City
Commission with omissions.
A discussion then followed between Mr. Hernandez, Mayor Jennings, Mr. Bengtson,
and Mr. Gage regarding conflict of interest and substantial interest.
13-0011 Moved by Commissioner Householter, seconded by Commissioner Angell, to adopt
Ordinance No. 13-10671 on second reading. A roll call vote was taken. Aye: (4) Angell,
Crawford, Householter, Jennings. Nay: (0). Motion carried.
(8.3) Authorize the purchase of electronic ticketing hardware and software
' Chief James Hill summarized the current process of issuing a citation, proposed
process changes, and the purchase.
Chief Hill then responded to Commissioner Angell, Commissioner Householter, and
Mayor Jennings' questions regarding interfacing with the current parking ticket
software, technical support, and the length of time the company has been in business.
City Manager Jason Gage noted that the Kansas Highway Patrol is currently using this
system.
13-0012 Moved by Commissioner Crawford, seconded by Commissioner Householter, to authorize the
purchase of digiTICKET electronic ticketing solution hardware and software from Saltus
Technologies in the amount of $70,053 and authorize the required New World Interface at a
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Commissioner Householter questioned why the notices where not pick up from the
post office.
Mayor Jennings commented on certified mail requirements and the importance of
picking up your mail. He then question and Mr. Schrage responded on the date when
the property was placard.
A discussion followed between Mayor Jennings, Mr. Metzger, Commissioner
Householter, and Mr. Hobbie regarding property maintenance, placard placement, and
zoning issues of using the structure for storage.
Commissioner Householter commented on work being done on the property without
proper permits and the condition of the property. He felt that Mr. Metzger had
complete disregard for the city, codes, and neighbors.
Commissioner Angell felt that the property owner should have picked up his mail and
contacted the city; taking no responsibility of picking up the letters. She felt the
commission should not be considering the appeal.
Mr. Metzger then commented on permit requirements, removal of the placards. He
' continued to comment of the structure's foundation and his proposed improvements to
the property.
Mr. Schrage commented on staff's inspection of the foundation and noted that it was
only an external inspection because there was not internal access.
13-0013 Moved by Commissioner Householter, seconded by Commissioner Angell, to recess into
executive session for 10 minutes to discuss with legal counsel matters subject to the attorney-
client privilege for the reason that public discussion of those matters would waive the
privilege and adversely affect the City's interest in the matters and reconvene at 6:07. Aye: (4).
Nay: (0). Motion carried.
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cost of $15,135, the Full Court Interface at $7,667, and installation by Ka -Comm at $2,200 for a
total project cost of $95,055. Aye: (4). Nay: (0). Motion carried.
(8.4) Request to consider rescinding an order to repair or remove a dangerous structure
located at 633 South 4th Street.
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Michael Schrage, Deputy City Manager, explained the contract awarded for removing
y
structures, request from the property owner, statutory requirements, and current
policy.
Mr. Schrage and Gary Hobbie, Director of Development Services, responded to Mayor
Jennings' question regarding the number of structures that have been removed from
the original list of dangerous structures in 2012.
Commissioner Angell expressed the importance of the property owners to respond in a
timely manner.
A discussion followed between Mr. Schrage, City Manager Jason Gage, and
Commissioner Angell regarding the dangerous structure process, award of the
contract, and impact to the contract if removed.
Commissioner Crawford concurred with Commissioner Angell.
Brian Metzger, property owner, explained that he is a landlord of many properties
within Salina and receives numerous notices from Neighborhood Services; however,
did not pick up the notices. He continued to explain that most of the violations are
resolved prior. Due to his personal situation he has been unable to remodel the
property and believed that placards placed on the front of the property was removed
by the neighbor. He also commented on the existing issues and improvements that he
plans to do to the property in order the rent it out.
Mr. Metzger then responded to Commissioner Crawford's question regarding the
address where the notices where sent. He responded saying that the notices were sent
to his office address and that is where mail is sent because he lives in Brookville.
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However, it did not receive or pick up any of the certified letters.
Mr. Schrage clarified that one of the letters was signed for by Mr. Metzger.
Commissioner Householter questioned why the notices where not pick up from the
post office.
Mayor Jennings commented on certified mail requirements and the importance of
picking up your mail. He then question and Mr. Schrage responded on the date when
the property was placard.
A discussion followed between Mayor Jennings, Mr. Metzger, Commissioner
Householter, and Mr. Hobbie regarding property maintenance, placard placement, and
zoning issues of using the structure for storage.
Commissioner Householter commented on work being done on the property without
proper permits and the condition of the property. He felt that Mr. Metzger had
complete disregard for the city, codes, and neighbors.
Commissioner Angell felt that the property owner should have picked up his mail and
contacted the city; taking no responsibility of picking up the letters. She felt the
commission should not be considering the appeal.
Mr. Metzger then commented on permit requirements, removal of the placards. He
' continued to comment of the structure's foundation and his proposed improvements to
the property.
Mr. Schrage commented on staff's inspection of the foundation and noted that it was
only an external inspection because there was not internal access.
13-0013 Moved by Commissioner Householter, seconded by Commissioner Angell, to recess into
executive session for 10 minutes to discuss with legal counsel matters subject to the attorney-
client privilege for the reason that public discussion of those matters would waive the
privilege and adversely affect the City's interest in the matters and reconvene at 6:07. Aye: (4).
Nay: (0). Motion carried.
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13-0014 Moved by Commissioner Householter, seconded by Commissioner Angell, to reconvene in the
existing executive session for an additional 10 minutes and reconvene at 6:20 p.m. Aye: (4).
Nay: (0). Motion carried.
The City Commission reconvened at 6:25 p.m.
w Mayor Jennings asked Mr. Metzger if the City did not proceed with the demolition, if
hthere were some circumstances that would delay the remodel. Mr. Metzger felt that
'there would not be any expect for unpredictable weather. 13-0015 Moved by Commissioner Angell, seconded by Commissioner Householter, to consider Mr.
Metzer's request subject to the following conditions:
A. Mr. Metzger provide a non-refundable deposit in the amount of $3,350 to be
applied to demolition costs or stranded costs incurred by T&R Dirt pending to the
final outcome of City Commission deliberations;
B. On or before January 28, 2013, Mr. Metzger shall apply for all necessary building
permits in order to bring the property into full code compliance;
C. City staff will review Mr. Metzger's applications for code compliance;
D. Staff prepare a compliance agreement for the City Commission's consideration that
includes but not limited to: 1). Providing a specified timeframe for compliance
which shall not exceed 90 days; 2). Requiring the submission of an acceptable
financial security to be utilized by the City for demolition in the event the unsafe
structure timeline is not met or in the event the City Commission deems the
property to be an unsafe structure; and 3). Including formal consent from Mr.
Metzger to said demolition if the specified deadline is not met;
E. Grant interior access of the property is allowed prior to January 25, 2013 to a city
building official for initial assessment of the structure's soundness and may need
' additional assess to the interior for a structural professional to make the final
determination on the soundness of the structure.
Mr. Bengtson asked the Commission for clarification on the interior inspection and how
it relates to the city's ability to go forward or not.
Mayor Jennings questioned whether it would be just for city building services to
perform the initial inspection. Mr. Gage also asked for clarification on initiating the
structural professional.
Commissioner Angell clarified that if after the inspection done by the staff and there
are questions regarding the structure, a structural professional could be use. If it is
determined that the structure is still deemed dangerous, we are here where we are
today and moving on with the removal process.
Mr. Gage clarified that if the building official could not make the determination on the
soundness of the structure, we will require Mr. Metzger to provide a proper structural
professional to make the determination at his expense. • Commissioner Angell and
Commissioner Householter concurred.
Mr. Gage then asked for clarification on if the structure was sufficient, Mr. Metzger
would have 90 days to repair; if the property needed to be demolished, can Mr.
Metzger do that on his own.
Commissioner Angell responded by saying no that it could not be done on his own,
' and we would be back where we were prior to this action.
Mayor Jennings called the question, along with the clarification that if the structure
needs be demolished, it will continue within the process with the city. Aye: (4). Nay:
(0). Motion carried.
(8.5) Authorize an amendment to the design contract for Fire Station No. 1, Project Phase I
with DMA Architects.
Fire Chief Larry Mullikin explained the project, agreement, and funding.
Mayor Jennings expressed his concerns of this being overlooked in the phasing of the
project.
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A discussion followed between Mayor Jennings, City Manager Jason Gage, Chief
Mullikin and Facilities Superintendent Byron Erickson regarding the project phases,
cost estimates, and project timeframe
Commissioner Householter express the importance of scoping and phasing of the
project. He expressed his concerns regarding the architectural services provided and
W the additional cost.
An additional conversation took place with Mayor Jennings, Mr. Gage, Commissioner
' Householter, and Mr. Erickson regarding the additional cost, funding, project timeline,
g and architectural services provided.
Mr. Gage suggested that staff could negotiate the cost with the architect and bring the
item back to the City Commission
No action was taken; however, the City Commission concurred with the suggestion.
(8.6) Request for executive session (legal).
13-0016 Moved by Commissioner Householter, seconded by Commissioner Angell, to recess into
executive session for 20 minutes to discuss with legal counsel matters subject to the attorney-
client privilege for the reason that public discussion of those matters would waive the
privilege and adversely affect the City's interest in the matters and reconvene at 7:18 p.m.
Aye: (4). Nay: (0). Motion carried.
The City Commission reconvened at 7:28 p.m.
OTHER BUSINESS
Christopher Hernandez felt that there was a technical oversight regarding the
ordinance pertaining to resurfacing; he felt that there were two instances where it could
' have been corrected. He expressed his concerns regarding Conditional Use permit that
was required for a driveway, but would have not been if the grandfathering clause was
still in the code when this happened.
Mayor Jennings and City Manager Jason Gage spoke on staff's role -to the
Commissioners.
Mr. Hernandez questioned the process of submitting a protest. City Attorney Greg
Bengtson and Mr. Hernandez will schedule a time to review the process.
ADJOURNMENT
13-0017 Moved by Commissioner Householter, seconded by Commissioner Crawford, that the regular
meeting of the Board of City Commissioners be adjourned. ye: (5). Nay: (0 otion carried.
The meeting adjourned at 7:40 p.m.
PP
[SEAL] Norman. Jennings, Mayor
11 LJ,
Lieu Ann Elsey, CMC, C' Clerk
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