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02-02-2015 MinutesN Z w m N U 15-0028 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. i (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. i ADMINISTRATION End 107, It of Greg to ule C (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. ; Page 1 i 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. 0 U 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. Page 2 i Lei 15-0031 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! i 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, Page 3 C n LI 15-0032 I 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. ! I 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. I 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 Page 4 I �.1 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. I 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. I 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 Page 5 15-0033 15-0034 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 ssible donation and the future of the Union Pacific Railroad Depot. i 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. I 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. i 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 Page 6 I 15-0035 Z 15-0036 0 U 15-0037 15-0038 p.m. No action was taken. i 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. i 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. I 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: ail e4 Shan i Wicks, CMC, City Clerk Aaron K.Pouseholter, Mayor age 7