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11-17-2014 MinutesCITY OF-SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS November 17, 2014 4:00 p.m. The City Commission convened at 2:45 for Iron Avenue Gateway Design and 3:45 p.m. for Citizens Forum. The Regular Meeting of the Board of Commissioners was called to order at 4:03 p.m. in Room 107, City -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, Trent Davis, and Randall R. Hardy. 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 Brandy Carry, Leadership Salina, (works at Kennedy & Coe), provided information regarding the need for recycling in Salina and the current city curbside recycling program. Lee Legleiter, Leadership Salina, provided information on his past experiences with recycling and information regarding the recycling programs in various cities in Kansas. John Walter, Leadership Salina, 2038 Stone Creek Court, provided information on his experiences with recycling and expressed his concerns regarding the current recycling program. Marcio Barreto, 2208 Brookfield Drive, Salina, provided information regarding the need for a better recycling program in Salina. Commissioner Blanchard thanked the individuals for speaking today and provided his thoughts on recycling. Commissioner Hardy provided information regarding the recycling program in Seattle, Washington. 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 Commissions 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. Commissioner Davis recused himself due to a conflict of interest. Dean Andrew, Director of Planning, explained the nature of the request, Heritage Commissionaction, review and appeal procedure, previous City Commission action, status update on the request and commission action alternatives. Page 1 N a LU D Ul t0 6 C U 14-0334 Commissioner Hardy asked a question pertaining to the December 4, 2013 minutes of the Heritage Commission and asked about the findings in the blue sheet from the January 13, 2014 City Commission meeting, regarding the willful neglect of the building. Mr. Andrew responded. Commissioner Blanchard asked if the hospital's contract with Comprise Community Development Company was still active and the basis of the past City Commission actions. Mr. Andrew responded. Commissioner Blanchard asked if any of the buildings were added or removed since the property became part of the Heritage Conservation District in 1997. Mr. Andrew responded. Commissioner Blanchard provided his thoughts on the cultural significance of the building to the community and the areas of neglect in the building. Commissioner Blanchard asked for information regarding the Heritage Commission's finding that the denial of the Certificate of Appropriateness for demolition would cause an economic hardship. Mr. Andrew and Todd Luckman, Stumbo Hanson, LLP, responded. Jason Gage, City Manager, asked for clarification on the Heritage Commissions finding that the denial of the Certificate of Appropriateness for demolition would cause an economic hardship pertaining to the provisions of the Salina Code Section 42-465, Certificate of Economic Hardship. Mr. Luckman responded. Jack Hinnenkamp, Salina Regional Health Center, provided an update on the status of the contract with Comprise Community Development Company and to request concurrence with the Heritage Commissions determination. Commissioner Hardy asked what year the building was fully vacated and how much of the deterioration of the building happened after the building was fully vacated. Mr. Hinnenkamp responded. Commissioner Crawford asked if the hospital tried to market the building in 2014. 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 relation to this item and the best suitable option for the City Commission to act on for this property. Mike Forristal, owner of the Lee Building, provided his thoughts on the demolition of the St. John's Hospital building. Commissioner Blanchard asked if a vote does not pass, will the permit be granted as a default. Mr. Luckman and Mr. Gage responded. Commissioner Blanchard asked if staff could attend the quasi-judicial closed door session. Mr. Luckman responded. Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to recess into a quasi- judicial closed session for 15 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 5:55 p.m. Page 2 ® 11 0 14-0335 N Z a LU U) y C U LF Irl The City Commission recessed into a 5 minute break at 5:35 p.m., then recessed into quasi- judicial closed session at 5:40 p.m. and reconvened at 5:57 p.m. No action was taken. Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to overturn the decision of the Heritage Commission and deny the demolition permit with the following findings: 1. That St. John's Hospital building is architecturally and/or historically significant and that its demolition will have a negative impact on the Conservation District, surrounding neighborhood and community; 2. That it has not been sufficiently demonstrated by the owner/applicant that rehabilitation and reuse of the hospital building at 139 N. Penn Avenue is not structurally or economically practical and feasible, and 3. That it has not been demonstrated that partial demolition of the newer additions would be at such a cost to make it an undue hardship by the applicant. This ruling is without prejudice to resubmit an application that provides full information as to the cost for partial demolition. Commissioner Blanchard provided his thoughts on the demolition of the building. Commissioner Hardy provided his thoughts on the demolition of the building. Commissioner Crawford provided her thoughts on protecting the historical preservation of the buildings in Salina. Mayor Householter provided his thoughts on the demolition of the building. Mayor Householter called the question to overturn the decision of the Heritage Commission and deny the demolition permit with the following findings: 1. That St. John's Hospital building is architecturally and/or historically significant and that its demolition will have a negative impact on the Conservation District, surrounding neighborhood and community; 2. That it has not been sufficiently demonstrated by the owner/applicant that rehabilitation and reuse of the hospital building at 139 N. Penn Avenue is not structurally or economically practical and feasible, and 3. That it has not been demonstrated that partial demolition of the newer additions would be at such a cost to make it an undue hardship by the applicant. This ruling is without prejudice to resubmit an application that provides full information as to the cost for partial demolition. Aye: (3). Nay: (1) Householter. Motion carried. Commissioner Davis returned. (5.2) Public hearing and report on Petition No. 4368 (filed by Guy Walker on behalf of CWW Enterprises, LP, owner of the former East Iron Dillons Store property), requesting the vacation of a 10 foot east -west alley abutting Lot 51 on Front Street and Lot 103 on Second Street in the Original Town of Salina, Saline County, Kansas. (5.2a) First reading Ordinance No. 14-10757. Mayor Householter opened the public hearing. Dean Andrew, Director of Planning, explained the nature of the current request and affected public and franchise utilities. There being no further comments the public hearing was closed. Mayor Householter asked if holding second reading approval next week would hold up the opening of the store. Mr. Andrew responded. Page 3 Commissioner Davis asked if approval of use of the grocery store parking lot for vehicle access to the alley was also required today. Mr. Andrew responded. Guy Walker, 500 Graves Blvd., thanked the City Commission for considering the item N " today. UiZ a Commissioner Blanchard asked for the anticipated opening date of the store. Mr. Walker responded. 14-03P6 Moved by Commissioner Davis, seconded by Commissioner Blanchard, to pass Ordinance No. 14- 10757 on first reading. Aye: (5) Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve minutes of November 10, 2014. (6.2) Authorize the Mayor to approve Change Order No. 1 for the following Specialty Contractor Agreements: Laboratory Support - Site Wide Remedial Investigation -Chemical Testing of Soil, Sediment and Water to Continental Analytical Services, Inc, in the amount of $4,205.00 (Revised Agreement Amount $82,530.50); Surveying Support - Site Wide Remedial Investigation to Wilson & Company, Inc. Engineers & Architects, in the amount of $1,410.00 (Revised Agreement Amount $32,476.00); Drilling Support -Site Wide Remedial Investigation (Lines 01-07 and 10) to Environmental Priority Services, Inc., in the amount of $8,975.00 (Revised Agreement Amount $155,605.00); and Drilling Support -Site Wide Remedial Investigation (Line Items: 08-11) to GeoCore, Inc., in the amount of $47,409.40 (Revised Agreement Amount $104,827.40). Commissioner Blanchard requested that Item 6.1 be removed from the consent agenda 14-0337 Moved by Commissioner Crawford, seconded by Commissioner Hardy, to approve the item 6.2 on the consent agenda. Aye: (5). Nay: (0). Motion carried. (6.1) Approve minutes of November 10, 2014, Commissioner Blanchard noted changes to the minutes and asked for clarification on motions 14- 0325 and 14-0326. Mr. Bengtson asked for time to look at the items and get back with the Commission later in the meeting. 14-0338 Moved by Commissioner Blanchard, seconded by Commissioner Hardy to table the approval until later in the meeting. ADMINISTRATION (7.1) Second reading Ordinance No. 14-10755 levying Salina Business Improvement District No. 1 service fees for 2015, in accordance with K.S.A. 12-1791. Mayor Householter noted that Ordinance No. 14-10755 was passed on first reading on November 10, 2014, and since that time no comments have been received. Ray Hruska, 235 N. Santa Fe, asked if the ordinance was referring to tax levies, for clarification of the word levy, if the correct ordinance number was referenced in the ordinance regarding the original ordinance establishing the business improvement district and asked for clarification on civil judgments and criminal prosecutions listed in the Page 4 N 14-0V9 Z W 14-0340 14-0341 L 7 ordinance. Jason Gage, City Manager, and Greg Bengtson, City Attorney, responded. Mr. Bengtson provided additional information regarding the civil judgments and criminal prosecutions listed in Sections 10 and 11 in the ordinance. Moved by Commissioner Blanchard, seconded by Commissioner Davis, to adopt Ordinance No. 14-10755 on second reading modifying Ordinance No. 83-8979 with 83-8971 and removing Section 10 e and adding to Section 11. No civil judgement shall bar or prevent a criminal prosecution for each and every violation of this ordinance. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Davis, Hardy, Householter. Nay: (0). Motion carried. (7.2) Second reading Charter Ordinance No. 38 a charter ordinance exempting the City of Salina, Kansas, from the provisions of K.S.A. 13-1024a and providing substitute and additional provisions on the same subject relating to general improvements and the issuance of bonds for the purpose of paying for said improvements; and repealing Charter Ordinance Number 34. Mayor Householter noted that Ordinance No. 14-10755 was passed on first reading on November 10, 2014, and since that time no comments have been received. Moved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Charter Ordinance No. 38 on second reading. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Davis, Hardy, Householter. Nay: (0). Motion carried. (7.3) Resolution No. 14-7152 amending Section 2 of Resolution No. 13-6988, authorizing and providing for the construction of improvements to certain existing public buildings in the City of Salina, Kansas; and providing for the payment of cost thereof. Rod Franz, Director of Finance, explained the amendment. Moved by Commissioner Davis, seconded by Commissioner Blanchard, to adopt Resolution No. 14-7152 amending Section 2 of Resolution No. 13-6988, authorizing and providing for the construction of improvements to certain existing public buildings in the City of Salina, Kansas; and providing for the payment of cost thereof. Commissioner Crawford provided her thoughts regarding the project. Mayor Householter called the question to adopt Resolution No. 14-7152 amending Section 2 of Resolution No. 13-6988, authorizing and providing for the construction of improvements to certain existing public buildings in the City of Salina, Kansas; and providing for the payment of cost thereof. Aye: (5). Nay: (0). Motion carried. (7.4) Authorize the Mayor to sign the engineering services agreement for Centennial Road Improvements, Jumper Road to South City Limits, City Project No. 14-3055. Dan Stack, City Engineer, explained the agreement and project improvements. Commissioner Blanchard asked what portion of Centennial Road had been developed so far and if there was adequate space for bicycle traffic. Mr. Stack and Jason Gage, City Manager, responded. Commissioner Blanchard asked if Centennial Road had been a discussion in the Bicycle Master Plan. Dean Andrew, Director of Planning, and Mr. Gage responded. Page 5 14-0342 Moved by Commissioner Hardy, seconded by Commissioner Davis, to authorize the Mayor to sign the engineering services agreement for Centennial Road Improvements, Jumper Road to South City Limits, City Project No. 14-3055 in the amount of $56,911.28. Aye: (5). Nay: (0). Motion 14-0343 14-0344 14-0345 14-0346 DEVELOPMENT BUSINESS (8.1) Resolution No. 14-7153 authorizing the Mayor to execute a license agreement with CWW Enterprises, LP, authorizing a portion of the former East Iron Dillons grocery store to encroach into the North Second Street and East Iron Avenue right-of-way. Dean Andrew, Director of Planning, explained the agreement. Commissioner Hardy asked if building encroachments in the right-of-way occur often. Mr. Andrew responded. Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to adopt Resolution No. 14-7153 authorizing the Mayor to execute a license agreement with CWW Enterprises, LP, authorizing a portion of the former East Iron Dillons grocery store to encroach into the North Second Street and East Iron Avenue right-of-way. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to bring item 6.1 back to the table. Aye: (5). Nay: (0). Motion carried (6.1) Approve the minutes of November 10, 2014. Greg Bengtson, City Attorney, provided clarification on the motions for item 7.3. Commissioner Blanchard requested the following changes be made to the minutes: downtown businesses changed to Business Improvement District Board on page 2; and to delete motion 14-0326 and modify 14-0325 to include an indefinite extension of the current Transient Guest Tax rate. Commissioner Hardy asked that trusty be modified to trustee and tresses be modified to trusses. loved by Commissioner Blanchard, seconded by Commissioner Hardy to approve the minutes by mending downtown businesses changed to Business Improvement District Board on page 2; and delete motion 14-0326 and modify 14-0325 to include an indefinite extension of the current ransient Guest Tax rate and change the spelling of trusty to trustee and tresses to trusses. Aye: (5). lay: (0). Motion carried. BUSINESS (9.1) Request for executive session (legal/ trade secrets). Moved by Commissioner Crawford, seconded by Commissioner Hardy, to recess into executive session for 30 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 to discuss confidential data relating to the financial affairs and trade secrets of a corporation for the reason that public discussion of the information would competitively disadvantage the corporation and reconvene at 7:35 p.m. The City Commission recessed into executive session at 7:05 p.m. and reconvened at 7:35 p.m. No Page 6 14-0347 N N z CL W 0 14-0349 14-0350 14-0351 7 I action was taken. Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to extend the current executive session for an additional 15 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:35 p.m. and reconvened at 7:50 p.m. No action was taken. Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to extend the current executive session for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:50 p.m. and reconvened at 8:00 p.m. No action was taken. Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to extend the current executive session for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 8:00 p.m. and reconvened at 8:10 p.m. No action was taken. Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to extend the current executive session for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 8:10 p.m. and reconvened at 8:20 p.m. No action was taken. ADJOURNMENT Moved by Commissioner Blanchard, seconded by Commissioner Hardy, that the regular meeting of the Board of City Commissioners be adjourned. Aye:(5�0). Motion carried. The meeting adjourned at 8:20 p.m. [SEAL] I ATTEST: Shandi Wicks, CMC, City Clerk Aaron Mayor Page 7