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08-18-2014 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 18, 2014 4:00 p.m. a w The City Cornrnfssion convened at 2:15 p.m. for Mobile Home Regulations, 2:45 p.m. for Budget: Personnel & Benefits Issues and at 3:45 p.m. for Citizens Forum. 1 The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, Cih,-County Building. Roll call was taken followed by the Pledge of Allegiance and a moment of silence. Those present and comprising a quorum: Mayor Aaron Householter (presiding), Commissioners Jon R. Blanchard, Kaye J. Crawford, Randall R. Hardy, and Barbara V. Shirley. Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. AWARDS AND PROCLAMATIONS None. CITIZEN FORUM None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Continuation of public hearing on an Appeal (filed by Jim Ravenkamp) of the Heritage Commission's approval of Certificate of Appropriateness Application No. CA13-2, (filed by Salina Regional Health Center), requesting approval of a Certificate of Appropriateness to allow the demolition of the vacant St. John's Hospital building located at 139 N. Penn Avenue. Dean Andrew, Director of Planning, explained nature of the request, Heritage Commission action, review and appeal procedure, previous City Commission action, status update on the request and commission action alternatives. Commissioner Hardy asked if there were alternative options for separating out the building for future uses. Mr. Andrew responded. Commissioner Blanchard asked when the building was built, the condition of the building and the health and safety of the use of the building. Mr. Andrew responded. Jack Hinnenkamp, Salina Regional Health Center, provided information on the structure stability of the building, the status of the redevelopment of the building and asked the City Commission to approve the demolition of the building if the building cannot be redeveloped. Mayor Householter asked if the hospital has offered the building to the redevelopment company for $1 million dollars since it will cost the hospital $1.5 million to demolish the building. Mr. Hinnenkamp responded. Jim Ravenkamp, 652 S. Santa Fe, provided his thoughts on the need to keep the historical portions of the building, the conservation ordinance and property maintenance code in Page 1 0 relation to this item and the best suitable option for the City Commission to act on for this A conversation ensued between the Commission and Mr. Luckman regarding the timeframe for Comprise Community Development Company to complete their efforts to fulfill the contingencies of the purchase contract. ' Commissioner Blanchard asked if the City Commission denied the demolition permit and the hospital would appeal to the courts, what exactly are they appealing. Mr. Luckman responded. Jason Gage, City Manager, provided information from the Salina Code pertaining to the standards for certificates of appropriateness and the conditions of the one year time frame and when that one year may start. Commissioner Blanchard provided his thoughts on the ability to redevelop property within 11 the community. Commissioner Crawford noted that the Comprise Community Development Company contract states that the contract expires on January 28, 2015. Mr. Luckman responded. Commissioner Blanchard asked if there was a staff recommendation for this item. Mr. Gage responded. 14-0239 Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to recess into closed session for 17 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 5:15 p.m. Page 2 E property. Commissioner Hardy provided his thoughts on the current condition of the building. = Conunissioner Blanchard asked what other architectural and historic buildings in Salina w were built during the time period the historical portion of this building was built. John Burger, City Planner, and Mr. Andrew responded. N 8 Commissioner Blanchard provided his thoughts on replacing the building in the future, the architectural and historical aspect of the building and the best option in his opinion for this 8 building. Commissioner Crawford provided her thoughts on the compromise to keep the historical portion of the building. Mayor Householter provided his thoughts on the demolition of the building and the historical aspect of the building to the community. Todd Luckman, Stumbo Hanson, LLP, Topeka, Kansas, provided background information on the ability to require the applicant to demohsh only a portion of the building. Commissioner Blanchard asked what the options were if the commission would pick between postponing consideration of the application or denying the demolition permit. Mr. Luckman and Mr. Andrew responded. Commissioner Blanchard asked if the demolition permit was denied, can the applicant submit an alternative demolition request prior to six month deadline. Mr. Luckman responded. Mayor Householter asked for specifics on the ability to submit an alternative demolition request. Mr. Luckman and Mr. Andreae responded. A conversation ensued between the Commission and Mr. Luckman regarding the timeframe for Comprise Community Development Company to complete their efforts to fulfill the contingencies of the purchase contract. ' Commissioner Blanchard asked if the City Commission denied the demolition permit and the hospital would appeal to the courts, what exactly are they appealing. Mr. Luckman responded. Jason Gage, City Manager, provided information from the Salina Code pertaining to the standards for certificates of appropriateness and the conditions of the one year time frame and when that one year may start. Commissioner Blanchard provided his thoughts on the ability to redevelop property within 11 the community. Commissioner Crawford noted that the Comprise Community Development Company contract states that the contract expires on January 28, 2015. Mr. Luckman responded. Commissioner Blanchard asked if there was a staff recommendation for this item. Mr. Gage responded. 14-0239 Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to recess into closed session for 17 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 5:15 p.m. Page 2 E The City Commission recessed into executive session at 4:58 p.m. and reconvened at 5:10 p.m. No action was taken. 14-0240 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to postpone consideration of this application in order to allow the applicant or any other party to further pursue z redevelopment of all or a portion of the property and/or respond to any Commission requests for w additional actions or information deemed necessary to reach and support a final decision. This H action is taken with the hearing being continued to November 17, 2014 Ave: (5). Nay: (0). Motion 8 carried. � CONSENT AGENDA (6.1) Approve the minutes of August 11, 2014. 14-0241 Moved by Commissioner Crawford, seconded by Commissioner Shirley, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 14-10750 calling a special election submitting to the vote of the electors of the City of Salina, Kansas, in accordance with the initiative and referendum statute (K.S.A. 12-3013), an Ordinance repealing Ordinance No. 7096, which authorized and directed the Water Department of the City of Salina, Kansas to install and operate equipment which will fluoride the water supply system in the City of Salina, Kansas. Mayor Householter noted that Ordinance No. 14-10750 was passed on first reading on August 11, 2014 and since that time no comments have been received. Dennis Benoit, 1773 N. 20th Road, Kanopolis, provided information from a CDC study pertaining to dental fluorosis. Jason Gage, City Manager, provided additional information from the CDC website relating to fluoride and dental flourosis. 14-0242 Moved by Commissioner Blanchard, seconded by Commissioner Shirley, to adopt Ordinance No. 14-10750 on second reading. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Hardy, Shirley, Householter. Nay: (0). Motion carried. (7.2) Second reading Ordinance No. 14-10742 granting an amended telecommunications franchise to IdeaTek Telcom, LLC formerly known as Wildflower Telecommunications, LLC, a wholly-owned subsidiary of IdeaTek Systems, Inc. Mayor Householter noted that Ordinance No. 14-10742 was passed on first reading on August 11, 2014 and since that time no comments have been received. 14-0243 11 Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to adopt Ordinance No. 14-10742 on second reading. Jason Gage, City Manager, provided a clarification on when an application has to go to the Planning Commission for review and when the application will stay at the administrative review. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Hardy, Shirley, Householter. Nay: (0). Motion carried. Page 3 M n M (7.3) Second reading Ordinance No. 14-10748 levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances, as amended. Mayor Householter noted that Ordinance No. 14-10748 was passed on first reading on August 11, 2014. Since then the report has been modified due to a processing error. A w number of properties were removed for payment received. The overall amount increased due to adding properties that were not included on the original report. Attached is a report showing all amounts billed, paid and remaining due. The total amount billed was 541,077.15 of which $8,774.01 has been paid. The remaining amount to be assessed is $32,303.14. This certification covers all abatements that were finalized since the II 2013 certification. 14-0244 Moved by Commissioner Shirley, seconded by Commissioner Hardy, to adopt Ordinance No. 14- 10748 on second reading. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Hardy, Shirley, Householter. Nay: (0). Motion carried. (7.4) Authorize the Mayor to sign and accept the offered sidewalk easement for Lot 17, Block 4 of River Trail Addition. Dan Stack, City Engineer, explained the offered easement. 14-0245 Moved by Commissioner Crawford, seconded by Commissioner Blanchard, to authorize the Mayor to sign and accept the offered sidewalk easement for Lot 17, Block 4 of River Trail Addition. Aye: (5). Nay: (0). Motion carried. (7.5) Adopt 2015 Budget and related items. (7.5a) Second reading Ordinance No. 14-10751 adopting the 2015 Budget. (7.5b) Resolution No. 14-7129 establishing various fees for services in the Comprehensive Fee Schedule of the City of Salina, Kansas. Rod Franz, Director of Finance, explained the 2015 budget, made a correction to the 2014 budget listed in the packet and provided information regarding the fee schedule and the request to defer the resolution approval to the August 25, 2014 meeting. Randall Holm, 311 E. Crawford, had questions pertaining to records fees and accident reports charged by the Police Department and asked for the commission to look at the fees charged to the citizens for cost of services. Jason Gage, City Manager, and Mr. Franz responded. Commissioner Blanchard asked if the records are available online. Mr. Gage and Michael Schrage, Deputy City Manager, responded. Commissioner Blanchard thanked staff for the hard work on this item. 14-0246 Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to adopt Ordinance No. 14-10751 on second reading. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Hardy, Shirley, Householter. Nay: (0). Motion carried. 14-0247 Moved by Commissioner Blanchard, seconded by Commissioner Shirley, to postpone Resolution No. 14-7129 until August 25, 2014. Aye: (5). Nay: (0). Motion carried. Page 4 (7.6) Resolution No. 14-7130 authorizing the city manager to permit the Muscular Dystrophy Association (MDA) to solicit within the City's rights-of-way, utilizing off-duty Salina firefighters. Jason Gage, City Manager, explained the request received, standard traffic ordinance, prior w direction from the City Commission and recommended action. Mayor Householter asked if the ranking of the intersection supervisor needed to be noted in the action. Mr. Gage responded. Commissioner Hardy provided his thoughts in support of off-duty firefighters collecting funds for the MDA. He stated that he had reservations allowing other groups to do the same in the intersections. Commissioner Crawford provided her thoughts on the dangers of soliciting in the right-of- way. Mayor Householter provided his thoughts on the soliciting within the right-of-way and hates to see it not happen. Commissioner Shirley provided her thoughts on other organizations soliciting in the street and noted what other communities do. Mr. Gage stated that this would allow any organization to solicit within the right-of-way. Greg Bengtson, City Attorney, provided information regarding the law and the open public forum. Commissioner Blanchard asked if an organization would like to solicit within the right-of- way would the request require a resolution upon submittal and if the current resolution is only an interim request. Mr. Gage responded. Commissioner Blanchard provided his thoughts regarding the current request. A conversation ensued between the Commission and Mr. Gage regarding the request, hazards of soliciting within the right -of -sway and the potential encouragement for other organizations to solicit within the right-of-way. Commissioner Hardy asked if the interim resolution is a test drive to see if the soliciting within the rights-of-way works. Mr. Gage responded. Commissioner Blanchard asked if the interim resolution is only valid for the MDA and for this specific request. Mr. Gage responded. Mr. Gage provided information on the hazards of the request. 14-0248 Moved by Commissioner Blanchard, seconded by Commissioner Shirley, to adopt Resolution No. 14-7130. Aye: (4). Nay: (1) Crawford. Motion carried. DEVELOPMENT BUSINESS (8.1) Application #Z13-9, (filed by the Salina City Planning Commission), requesting amendment of the surfacing requirements for off-street parking and driving areas in Article XI, Division 2, Section 42-552(e)(2) of the Salina Code (Continued from the August 11, 2014 meeting). (8.1a) First reading Ordinance No. 14-10745. M Page 5 Dean Andrew, Director of Planning, explained the amendment, current paving exemptions, listed the parking lot surfacing for major industrial projects since the 1990 ordinance was adopted, supplemental staff comments and action options. Commissioner Hardy asked if paving was required for the projects that were part of the z major industrial projects since the 1990 ordinance and are in association with the Airport Authority. Mr. Andrew responded. Commissioner Blanchard asked about properties on the major industrial projects, since the 0 1990 ordinance list that did not receive tax abatement. Mr. Andrew responded. Commissioner Blanchard asked about the Great Plains S-5 Building and the status of the parking lot. Mr. Andrew responded. Commissioner Hardy asked if paving was a requirement for the tax abatements available to businesses. Mr. Andrew responded. Commissioner Blanchard asked for clarification on single parking and surfacing standards other communities have in place. Mr. Andrew responded. Mayor Householter asked if the increase in the remodeling size of a residential property is a requirement for paving and surfacing. Mr. Andrew responded. Commissioner Blanchard asked about the number of current gateway overlay districts, and the locations of the districts. Mr. Andrew responded. Commissioner Blanchard asked if the El Dorado National gravel lot would be permitted. Mr. Andrew responded. Michael Schrage, Deputy City Manager, noted the overlay district on South Ninth Street. Mr. Andrew responded. Randall Holm, 311 E. Crawford, provided his thoughts on the current paving and surfacing standards, the effects on property values, the noticeable repairs needed to hard paved surfaces currently in residential areas and the investments to the property owner once a parking lot has become hard paved. 1 Dennis Benoit, 1773 20thRoad, Kanopolis, asked if the list provided by staff of the parking lot surfacing for major industrial projects since the 1990 ordinance was adopted was just a list of properties that have received tax abatements. Mr. Andrew responded. Mr. Benoit asked the Commission to look at the costs associated with paving and surfacing of driveways. Sherry Musfelt, 1035 Merrily Circle, agreed with Mr. Holm and asked that the Commission vote the item down. James Hall, 1525 E. North Street, asked that the item go back to the Planning Commission for complete definitions and bring the item back to the commission. Barbara Young, Triad Manufacturing, asked to look at the impact on landlords that own land within industrial areas. Commissioner Blanchard provided information regarding impact on landlords within an industrial area. He provided his thoughts on how it could have an effect on affordable housing, property values in residential areas, the increase of paving and surfacing requirements for off-street parking and driving areas, and the need to return the item to the Planning Commission. Commissioner Hardy provided his thoughts on the amended paving and surfacing standards. Mayor Householter asked if the driving areas that include brick or small sections of grass are approved alternatives. Mr. Andrew responded. w Mavor Householter provided his thoughts on the current standards. Commissioner Hardy provided his thoughts on maintained paved driveways versus gravel N B driveways. s a A conversation ensued between the commissioners regarding the current standards, and potentially the need for the item to return to the Planning Commission. Jason Gage, City Manager, provided information regarding the location of the bulk solids research center, the number of jobs relating to the article in the Salina Journal on Saturday, August 16, 2014. Dennis Lauver, Chamber of Commerce, responded. Mayor Householter stated he would encourage business owners and the Chamber to be cautious when speculating on how any requirement would affect the City. He stated that would not benefit the community. Commissioner Blanchard asked if the Commission would ask staff to put together an ordinance, how many changes were going to be made to the draft provided today. Mr. Gage and Mr. Andrew responded. Greg Bengtson, City Attorney, asked for clarification on the changes as it pertains to the progression of the item and the clear direction of the item and how it affects the draft ordinance provided. Mr. Andrew responded. Commissioner Blanchard asked if the item can be updated by the City Commission between first and second reading and not require the item to go back to the Planning Commission. Mr. Bengtson and Mr. Andrew responded. Commissioner Blanchard asked what time frame we are looking at to take an item back to the Planning Commission. Mr. Andrew responded. Mr. Gage provided information on the need to incorporate customer, visitor and employee areas. 14-0249 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to direct staff to prepare a revised ordinance for Planning Commission consideration that makes the necessary changes and provides the necessary definitions to eliminate all current exemptions that allow for construction of unpaved resident, customer, visitor and employee driveways and parking areas; addresses continuation as well as conversion of lawful nonconformi ties, and does not change the current standards related to work areas, storage areas, staging areas, etc. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Commissioner Blanchard requested a five minute break at 7:11 p.m., the Commission reconvened at 7:16 p.m. Gary Hobbie, Director of Development Services, introduced Jim Brown, Building Official, to the City Commission and provided information on his job background and association certificates. Mr. Brown provided additional information on his past employment background. Page 7 E z 14-0230 r, E (9.1) Discussion of Interim City Commissioner Appointment. Jason Gage, City Manager, and Greg Bengtson, City Attorney, provided information on the action needed regarding the resignation and the potential action needed to appoint an interim commissioner. Moved by Commissioner Crawford, seconded by Commissioner Blanchard, to accept the resignation of Commissioner Barb Shirley effective the end of the August 25, 2014 meeting. Ave: (5). Nay: (0). Motion carried. Mr. Gage provided information on the expressions of interest submitted, the manner in which a successor is chosen, and the ability to solicit additional names if needed. Mr. Gage listed the names of the individuals that have submitted expressions of interest. A conversation ensued between the commissioners regarding the individuals that submitted and the experience of the interested parties. Mr. Gage noted that a couple of the interested parties are currently on other city boards and the need for that person to resign that board position if selected. Commissioner Crawford asked if we have chosen someone in the past that has been in the role of a City Commissioner or Mayor in the past. Mr. Gage responded. Commissioner Blanchard provided his thoughts on a successor and the potential need to look outside of the past commissioner or mayor role. Commissioner Shirley concurred. Mr. Bengtson noted that Commissioner Shirley will not be allowed to vote on the successor of her position. Mayor Householter provided his thoughts on the interested individuals that have expressed interest. Commissioner Crawford provided her thoughts on considering Kristin Gunn. Mr. Gage suggested giving additional time if the Commission wishes to expand the request outside past city commissioners or mayors. Commissioner Hardy provided his thoughts on selecting someone that is not a past commissioner. Commissioner Blanchard noted the potential increase from three seats to five seats for the County Commission and it may be a good idea to go outside a past commissioner. Commissioner Crawford asked about the interest of Aaron Peck. Commissioner Shirley responded. Commissioner Blanchard asked about the swearing in of the new commissioner and the time frame. Mr. Gage responded. Commissioner Blanchard asked if the position was solicited to the community prior to today. Mr. Gage responded. Mayor Householter noted that there is a good selection before them today. Mr. Gage provided additional information on past practice. Commissioner Blanchard asked if waiting a week will bring in more interest interest. Mr. Gage responded. Page 8 0 M Commissioner Hardy noted that if they were to open up the interest to additional individuals, it may make the decision harder. Commissioner Crawford asked if ever in the past an individual had been selected that was not a _ past city commissioner. Dor. Gage and Mr. Bengtson responded. w A conversation ensued between the commissioners and Dor. Gage regarding selecting from the current pool submitted and the potential need for waiting a week. Commissioner Shirley recused herself from the meeting. 0 A conversation ensued between the commissioners reQardmiz the best selection to fill the open seat. Commissioner Crawford felt the process needed to be changed and guidelines for future selection of a city commissioner. Dor. Gage and Dor. Bengtson responded. 14-0251 ( Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to appoint Dr. Trent Davis to fill the remaining city commission term of Barb Shirley. Aye: (4). Nay: (0). Motion carried. Commissioner Shirley returned. Commissioner Hardy asked if Dr. Trent Davis can be sworn in at the end of the August 25, 2014 meeting. Mr. Gage and Mr. Bengtson responded. ADJOURNMENT 14-0252 Moved by Commissioner Shirley, seconded by Commissioner of the Board of City Commissioners be adjourned. Aye: ` meeting adjourned at 8:05 p.m. [SEAL] ATTEST: Shan i Wicks, CMC, City Clerk Aaron K. d, that the regular meeting (0). Motion carried. The Mayor Page 9