02-02-2015 MinutesN
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
February 2, 2015
4:00 p.m.
The City Commission convened at 3:00 p.m. for Continuous Process Improvement Y
Report and at 3:45 p.m. for Citizens Forum.
The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in�Rc
City -County Building. Roll call was taken followed by the Pledge of Allegiance and a me
silence.
Those present and comprising a quorum: Mayor Aaron Householter (presiding),
Jon R. Blanchard, Kaye J. Crawford, Trent Davis, and Randall R. Hardy.
Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City
Bengtson, City Attorney; and Shandi Wicks, City Clerk.
AWARDS AND PROCLAMATIONS
None.
CITIZEN FORUM
Randall Holm, 311 E. Crawford, provided his thoughts on the amount of time
the public to address an item on the agenda or during citizens forum.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve minutes of January 26, 2015.
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(6.2) Resolution No. 15-7173 establishing and amending fees in the Comprehensive fee
related to Animal Licensing and Gypsum Hill Cemetery.
(6.3) Award the 2015 Crack and Joint Maintenance contract, Project No. 15-3061 to
Paving and Construction, LLC, in the amount of $211,079.78 with an 8% con.,
contingency ($16,886.38) to take advantage of good unit prices and complete more i
Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to approve the
agenda as presented. Aye: (5). Nay: (0). Motion carried.
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ADMINISTRATION
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(7.1) Second reading Ordinance No. 15-10763 requesting a review and possible amendment of
the Major Street Plan Map (Figure 2.7) of the Salina, Kansas Comprehensive Plan to
substitute an internally produced Functional Street Classification Map that would) more
clearly define the street classifications in the community than the current Major Street Plan
Map (Figure 2.7) in the Comprehensive Plan document.
Mayor Householter noted that Ordinance No. 15-10763 was passed on first reading on
January 26, 2015 and since that time no comments have been received. ;
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15-0029 Moved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Ordinance No. 15-
10763 on second reading requesting a review and possible amendment of the Major Street Plan
Map (Figure 2.7) of the Salina, Kansas Comprehensive Plan to substitute an internally produced
N Functional Street Classification Map that would more clearly define the street classifications in the
community than the current Major Street Plan Map (Figure 2.7) in the Comprehensive Plan
W document. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Davis, Hardy, Householter.
Nay: (0). Motion carried.
(7.2) Second reading Ordinance No. 15-10764 formalizing the property tax exemption for Twin
Oaks Industries' building addition located at 2001 W. Grand Avenue.
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Mayor Householter noted that Ordinance No. 15-10764 was passed on first 'reading on
January 26, 2015 and since that time no comments have been received.
Norman Mannel, 7532 W. Pleasant Hill Road, provided his thoughts on government
subsidies.
15-0030 Moved by Commissioner Crawford, seconded by Commissioner Hardy, to adopt Ordinance No.
15-10764 on second reading formalizing the property tax exemption for Twin Oaks 'Industries'
building addition located at 2001 W. Grand Avenue. A roll call vote was taken: Aye: (5)
Blanchard, Crawford, Davis, Hardy, Householter. Nay: (0). Motion carried
(7.3) First reading Ordinance No. 15-10765 amending Salina Code Section 35-37 pertaining to the
notice and removal of obstructions and encroachments.
Michael Fraser, Director of Public Works, explained the code amendment.
Commissioner Davis asked if there were circumstances in resistance of the removal of the
obstructions. Mr. Fraser responded by stating there could be, but Public Works staff would
work with other departments to resolve the issue. Mr. Fraser provided examples Iof the
types of obstructions and encroachments staff typically sees, which are handled by the
Engineering Department.
Commissioner Davis also asked if the Police Department would ever be needed for notice
or removal of an obstruction or encroachment. Mr. Fraser responded by stating that the
Engineering staff would handle working with the property owner on sight view distance
issues and various other issues.
Jason Gage, City Manager, provided examples when the Police Department might be
utilized. 1
Commissioner Blanchard asked what the process was for removal of an obstruction or
encroachment. Mr. Gage responded by stating staff had been handling these types of
obstruction or encroachment issues for years and the right-of-way issues shave been
handled in the past by the Public Works department.
Commissioner Crawford asked if there was ever a problem with security for this situation.
.Mr. Gage responded that if staff anticipated a security issue, staff would contact the Police
Department.
Commissioner Davis asked if a property owner could be caught by surprise regarding an
obstruction. Mr. Gage responded by stating a property owner could be, but typically staff
works with the property owner to obtain information and if the obstruction was a safety
issue, staff would provide the property owner adequate time to remove the obstructiin.
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Mr. Fraser stated that staff works with citizens to inform them of the obstructions within the
right-of-way and typically the citizen would comply and remove the obstruction!
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Commissioner Blanchard asked if the item was housekeeping in nature versus incident
driven. Mr. Gage responded by stating that it was definitely a housekeeping item.
Commissioner Blanchard asked if a vehicle was marked with a notice regarding upcoming
construction on the street but was not moved prior to the beginning of constructions work
would that fall under this section. Mr. Gage responded by stating that staff should make
sure before the construction begins that the vehicles have been moved. If in the event the
vehicle does not get moved, staff would request that the vehicle be towed at the owner's
expense.
Commissioner Blanchard asked if the contractor would be able to provide the nb tice to the
property owner and have the ability to tow the vehicle through the contract with the City.
Mr. Gage responded by stating that the City of Salina Construction Coordinator would
handle providing notice and working with the property owner to move the vehicle.
Commissioner Hardy asked about vehicles parked on a public street for an extended
period of time. Mr. Fraser responded by stating that this code section would not pertain to
the parking of vehicles over an extended period of time, the Police Department would be
the appropriate department to handle that situation.
Commissioner Blanchard asked what the process was to order the removal of an
obstruction or encroachment. Mr. Fraser responded by stating that staff would work with
the property owner to successfully remove the obstruction. Mr. Gage responded by stating
that according to the ordinance, if after adequate notice, staff can remove the obstruction at
the expense of the property owner if the property owner does not remove the obstruction.
Moved by Commissioner Davis, seconded by Commissioner Crawford, to pass Ordinance No. 15-
10765 amending Salina Code Section 35-37 pertaining to the notice and removal of obstructions
and encroachments on first reading. Aye: (5). Nay: (0). Motion carried.
(7.4) Resolution No. 15-7172 setting (re -scheduling) the date for a public hearing to consider
whether a certain structure shall be condemned and ordered demolished or repaired.
Jim Brown, Building Official, explained the dangerous structures procedure and the
locations of the structure.
Commissioner Davis asked if the state statute required the mailing of the notice to the
property owner or if the property owner had to accept the notice. Mr. Brown responded by
stating the statute required a certified mail to service address on record. Mr. Brown also
stated that notice was mailed to the post office box but notice would be required to lie sent
certified mail to the service address of the property.
Commissioner Davis asked if the notice was mailed to the service address along with the
post office box. Mr. Brown responded by stating notice was mailed to the spouse at the
service address, the property owner's mailing went to a post office box, of which was a
preferred address provided to staff. Mike Schrage, Deputy City Manager, responded by
stating the property is owned by an individual and the spouse was an interested party so
staff was obligated to notify all interested parties typically mortgage holders.
Commissioner Blanchard asked if the address on record was the post office box. Mr.
Schrage responded by stating the address in the county system was not the post office box,
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but the address preferred by the property owner was the post office box. Jason Gage, City
Manager, also responded by providing information regarding the responsibilities of the
property owner and the due process notification requirement. Mr. Gage than went on to
state that staff felt it would be easier to reset the public hearing date for this property to
avoid any legal issues in the future.
Commissioner Blanchard asked if the property owner does not pick up the certified mail,
would the public hearing continue for the date set for March 16, 2015. Gary Hobbie,
Director of Development Services, stated that there would be two types of iservilce for
delivering notices; one through certified mail and one through a personal delivery service.
Greg Bengtson, City Attorney, responded by stating that the approach outlined by Mr.
Hobbie sounded like the best approach to insure the hearing could go forward with full
participation.
Commissioner Hardy asked if there was a way to be assured that the personal service took
care of delivering the notice. Mr. Bengtson responded by stating that it does not assure the
appearance of the person, but you do get a return on that service.
Commissioner Hardy asked if someone would have to accept the notice f6r it I to be
delivered. Mr. Bengtson responded by stating the notice would either have to be accepted
or, if absolutely necessary, could be posted.
Commissioner Hardy asked what would happen if the personal service would �deliuer the
notice and no one was ever home. Mr. Bengtson responded by stating that the deliverer
would simply post the notice on the door. Mr. Hobbie stated that the Police Department
would attempt to deliver the notice three times, on the third time, the notice would be
posted at the property address. Mr. Schrage noted an additional benefit of the service
would be that the person serving would verify the document that was served.
Commissioner Davis asked if, in an extreme example, the property owner was out of the
country for three months, could the hearing still proceed on March 16, 2015. Mr. Bengtson
responded by stating yes, if staff would have notice of the circumstance, staff would have
the obligation to take further steps but absent any actual knowledge of the extenuating
circumstance, the hearing would move forward. !
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Moved by Commissioner Davis, seconded by Commissioner Hardy, to adopt Resolution No. 15-
7172 setting March 16, 2015 as the public hearing date for the dangerous structure located at 500 E.
Pacific (U-shaped structure). Aye: (5). Nay: (0). Motion carried.
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DEVELOPMENT BUSINESS
(8.1) Resolution No. 15-7174 expressing support for a proposal to use Low Income Tax Credits to
partially fund the redevelopment of the Lee Building for a proposed forty eight unit
housing project.
Gary Hobbie, Director of Development Services, explained the proposal.
Jason Gage, City Manager, asked if the resolution should be more specific to include the
percentage. Mr. Hobbie responded by stating that the resolution could be modified to
include the percentage.
Commissioner Blanchard asked what information the resolution must include.) Mike
Schrage, Deputy City Manager, responded by stating that the information submitted by
Flint Hills Holdings to staff did not include the level of detail to include. additional
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information in the resolution.
Mr. Gage stated that if the Commission would like that information prior to approval of the
resolution, a special meeting may be needed prior to the deadline. Mr. Schrage responded
by stating that it was not the developer's intent to have that level of detail planned out
prior to the application submission deadline.
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Mike Forristal, Lee Building property owner, provided information regarding the amenities
the developer intended to include in the building.
Mr. Gage asked Mr. Forristal if he intended to sell the property as a package to the
developer. Mr. Forristal responded by stating his plan was to sell the properties as a
package.
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Commissioner Crawford provided her thoughts and support on the development and
would prefer the credits be named affordable versus low income.
Commissioner Blanchard provided the 2015 market rate for a two bedroom apartment in
Salina and noted the market rate for an apartment in Lawrence, Kansas. Mr. Hobbie
responded by stating the advertised market rate for Lawrence was $540 for !an income
qualified tenant. j
Commissioner Crawford noted that she hoped that people understood it was affordable
housing.
Commissioner Blanchard noted the two housing subsidies available, Section 8 and Section
42. Mr. Gage responded by stating that market rates available are really considered
affordable, not low income.
Commissioner Blanchard provided information regarding the amenities available for the
development.
Mr. Gage stated that the resolution of support was not a binding contract or document and
noted the steps pertaining to the project.
Commissioner Davis asked what the space in between the two buildings would be used
for. Mr. Forristal responded by stating that the space would be used for a green space or
private space for the residents.
Commissioner Blanchard thanked Mr. Forristal for working with staff on the project and
provided his thoughts on the development.
Mayor Householter provided his thoughts on the development of the Lee Building and the
development in Lawrence, Kansas.
Commissioner Hardy noted the proximity of the developed property in Lawrence, Kansas
to railroad tracks and the number of citizens on the waiting list wanting to live in the
developed buildings.
Randall Holm, 311 E. Crawford, stated that he supported the development of the property,
noted his concerns regarding the parking available for the property, treatment of out of
town contractors versus local contractors and provided his thoughts on the usie of gravel
for parking.
Norman Mannel, 7532 W. Pleasant Hill Road, provided his thoughts on the subsidies and
the lack of water available. i
Mayor Householter noted that the City does not treat out of town contractors any
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differently that local contractors.
Mr. Gage stated that there were exceptions to certain processes but the processes are
applied the same to all contractors.
Mayor Householter provided his thoughts on government subsidies.
Mayor Householter asked when the last unit larger than four was built using subsidies. Mr.
Hobbie responded by stating 1988.
Mr. Gage provided information regarding the development of units within the downtown
area and noted the positives to the development if it was developed as planned.
Mayor Householter provided his thoughts on the need to keep the younger adults in
Salina.
Mr. Forristal provided information regarding the need for a fire sprinkler system in the
developed building and the availability of parking within the area for the residents.
Mayor Householter asked what the requirement was for the City of Lawrence for parking.
Mr. Gage responded by stating that he was not sure of the requirement in Lawrence.
Mr. Forristal noted the potential to add a City -Go -bus stop for the building for residents to
use.
Commissioner Hardy provided his thoughts on the need for a bike sharing program.
Grace Peterson, City of Salina Visual Arts Coordinator, provided her thoughts on living in
the Poehler Loft apartments in Lawrence, Kansas. i
Mayor Householter noted the number of awards received by the Poehler Loft apartments.
Thomas Dugger, 111 N. Wisconsin, Apt. 103, provided information on the possible
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donation and the future of the Union Pacific Railroad Depot.
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Commissioner Blanchard asked about including the 90/10 percent split within the
resolution. Mr. Gage responded by stating that it would be best to incorporate if within the
second Whereas within the resolution.
Commissioner Blanchard provided information regarding the requirements of the tax
credit program and the parking requirements for multi -family units.
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Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to adopt Resolution No.
15-7174 expressing support for a proposal to use Low Income Housing Tax Credits to partially
fund the redevelopment of the Lee Building provided by Flint Hills Holdings and modify the
resolution to include language to the second whereas to read "WHEREAS, the forty+ eight
(48) dwelling units will have affordable rents targeted to individuals and families with low to
moderate incomes with a minimum of 10% moderate rate". Aye: (5). Nay: (0). Motioncarried.
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OTHER BUSINESS
(9.1) Request for executive session (personnel). !
Moved by Commissioner Crawford, seconded by Commissioner Blanchard, to recess into
executive session for 20 minutes for the purpose of discussing matters pertaining to non -elected
City personnel for the reason that public discussion of the matter would violate the privacy, rights
of the non -elected personnel involved; and reconvene at 6:00 p.m.
The City Commission recessed into executive session at 5:40 p.m. and reconvened at 6:00
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p.m. No action was taken.
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Moved by Commissioner Hardy, seconded by Commissioner Davis, to extend the current
executive session for an additional 15 minutes. Aye: (5). Nay: (0). Motion carried.
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The City Commission recessed into executive session at 6:00 p.m. and reconvened at 6:15
p.m. No action was taken.
Moved by Commissioner Hardy, seconded by Commissioner Davis, 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 6:15 p.m. and reconvened at 6:30
p.m. No action was taken.
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Moved by Commissioner Hardy, seconded by Commissioner Davis, to extend the current
executive session for an additional 5 minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 6:30 p.m. and reconvened at 6:35
p.m. No action was taken.
ADJOURNMENT
Moved by Commissioner Davis, seconded by Commissioner Har at the regular meeting of the
Board of City Commissioners be adjourned. Aye: (5). N (0 . Motion carried. The meeting
adjourned at 6:35 p.m.
[SEAL]
ATTEST:
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Shan i Wicks, CMC, City Clerk
Aaron K.Pouseholter, Mayor
age 7