03-16-2015 MinutesL��
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
March 16, 2015
4:00 p.m.
City Commission convened 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 Room 107,
City -County Building. Roll call was taken followed by the Pledge of Allegiance and a moment of
silence.
Chose present and comprising a quorum: Mayor Aaron Householter (presiding), Commissioners
on 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 Miki Orr-Muths, Administrative Assistant.
I AWARDS AND PROCLAMATIONS
None.
CITIZEN FORUM
Norman Mannel, 7532 Pleasant Hill Road, Salina, Kansas, provided thoughts on the
candidates for City Commission, law enforcement to review the need for lights on bicycles,
and public art.
Amanda Michaelis, Director United Way, Lisa Newman, Family and Consumer Sciences
Agent, K -State Research and Extension office, spoke about a documentary entitled, "The
Raising of America" that will be shown on March 31, 2015, at KWU's Fitzpatrick
Auditorium.
I PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing to consider adoption of Resolution No. 15-7186, providing for repair or
removal of a structure at 500 E. Pacific, Salina, Kansas.
The Commissioners were given the Building Official's Request for Condemnation Report.
Gary Hobbie, Director of Development Services, explained the need for repair and removal
of the structure at 500 E. Pacific, Salina, Kansas. Mr. Hobbie pointed out the key points of
the Building Official's report along with before and after photos from fire damage of the
property.
Commissioner Davis asked what would happen if a demolition permit was not obtained by
March 31, 2015. Mr. Hobbie stated the City would begin the process of demolition which
includes a bid to hire a contractor. The costs would then be assessed to the owner.
Commissioner Blanchard asked if we would issue a demolition permit to the owner after
March 31, 2015. Mr. Hobbie stated that after March 31, 2015 if a permit had not been
obtained, the City would begin the demolition process.
Jason Gage, City Manager, clarified the language in Resolution 15-7186; obtaining the
permit was the first step in the process, but that the work was to commence by March 31,
2015.
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Commissioner Blanchard asked if the demolition permit would designate where the
material would be disposed of. Mr. Hobbie stated the permit would note where the debris
would be taken for disposal.
Commissioner Crawford clarified that the center building was not a part of the demolition.
Mr. Hobbie stated that was correct. Once the utilities were connected and in usable
condition, it could be used for commercially zoned purposes.
Mr. Gage clarified the use of the building was subject to utilities, the permitted uses of the
building and any specific code requirements.
Commissioner Blanchard asked if there was a requirement for clearing the paved areas and
the aprons to the building. Mr. Hobbie stated they looked at the structure itself and did not
include parking areas.
Commissioner Blanchard asked for clarification of the language in Section 3 of Resolution
15-7186 regarding the meaning of "substantially complete". He wanted to know what were
the benchmarks to denote "substantially complete" and when would it be considered
completed. Mr. Hobbie stated that substantially complete would mean that it was ready for
grass to be planted or another structure to be constructed. Commissioner Blanchard stated
that the language made him nervous because not everyone may consider substantially
complete to mean the same thing. Mr. Hobbie stated that the demolition permit would list
special conditions for the owner to complete.
Mr. Gage clarified that the conditions would be on the basement structure and not on the
other areas of the property because of the current code language.
Mayor Householter noted that the rest of the property was still under the current property
maintenance code requirements. Mr. Gage stated yes it was.
Commissioner Crawford asked if the concrete around the center building was in good
condition for the work that was being planned. Mr. Hobbie stated he was not an expert on
asphalt, but that a contractor may need to infill replacements on some areas if it was
needed.
Mayor Householter asked about the process for the basement demolition. Mr. Hobbie
responded by pointing out the differences between the City's demolition process and that
of private citizens.
Commissioner Hardy asked if it was typical to bring in a structural engineer to review a
property. Mr. Hobbie stated we did not have a structural engineer on staff to make the
assessment and we have used structural engineers in the past.
Lavelle Frick, 120 Overhill Road, represented her husband, Ben Frick, property owner of
500 E. Pacific Avenue, Salina, Kansas. Ms. Frick pointed out mistakes in the report
regarding taxes, fire protection insurance, statements that were reported to have been made
by Mr. Frick regarding not allowing City staff on the property, and that the construction
dates for the basement and center building were inaccurate. Ms. Frick stated they have
done work on the buildings and the pictures were not up to date in the report and asked if
anyone had recently driven by the property. Ms. Frick asked if the Commission had any
questions for her.
Commissioner Hardy asked if Ms. Frick had any question as to whether or not the building
demolition needed to occur. Ms. Frick stated that most of it had already been removed.
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Commissioner Blanchard stated that he drove by the structure 2 hours ago and that it did
look like the pictures that were presented. Ms. Frick stated that they have been removing a
lot of rubble. Commissioner Blanchard asked her if they had a permit for doing the work.
Ms. Frick stated no, they didn't and that Mr. Frick was doing what Ron Michaelsen,
Building Inspector for City of Salina, told him to do. Which was to push down some walls
and tear down the roof.
Commissioner Blanchard stated that in a previous meeting it was noted that they were not
taking the mail that was being sent to them. Ms. Frick stated she didn't know and that
everyone in town knows where they live and the police have no problems finding Mr. Frick
and that he has been working very hard and it is almost cleared.
Commissioner Davis stated he had driven past the property this afternoon and asked about
the basement walls and the hole where the stairs were. Ms. Frick stated that Mr. Frick
placed a concrete slab over the hole for safety.
Commissioner Blanchard asked Ms. Frick with the absence of a demolition permit, where
were they disposing the materials from the site. Ms. Frick stated she was not involved and
did not know where it was being dumped and had made it a point to not be there.
Commissioner Blanchard asked again where the debris was being taken. Ms. Frick stated
she did not know where it was being dumped.
Mr. Gage stated that since both owners were here, it was reasonable to inquire where the
debris was being dumped. Ms. Frick stated she was not an owner. Commissioner
Blanchard asked Ms. Frick if she knew who, was doing the work. Ms. Frick stated it was
Mr. Frick and a bunch of guys.
Mr. Gage stated in light of the information that Ms. Frick was not an owner, perhaps they
wanted to speak to Mr. Frick. Ms. Frick stated that she had Power of Attorney and could
speak on his behalf. Commissioner Blanchard asked that since Mr. Frick was the owner,
had he chosen not to testify in his public hearing. Ms. Frick stated it was his choice; she was
there with Power of Attorney and she could answer questions. Commissioner Blanchard
stated that he had asked her a question and in his opinion, she was dodging the answer.
Ms. Frick stated she had answered everything truthfully. Commissioner Blanchard stated
that he had concerns as to where the debris was being dumped and that he was not getting
any answers from her.
Commissioner Davis asked if there was a reason Mr. Frick was not able to speak today. Ms.
Frick stated Mr. Frick had medical issues. Commissioner Davis asked if she wanted to
confer with Mr. Frick regarding speaking to the Commission. Ms. Frick excused herself to
speak to Mr. Frick regarding speaking to the Commission.
Mayor Householter questioned if what they were doing was acceptable without a permit
and that he had concerns as to where the debris was being dumped. Mr. Hobbie stated they
have not specified where the debris needed to be taken but the basement debris needed to
be removed by a licensed contractor with the City of Salina.
Mr. Frick approached the podium and Ms. Frick asked if he could give the Commission a
document.
Commissioner Davis asked if there was asbestos in the building. Ms. Frick responded no.
Mr. Frick stated that once the Commission read the document they would see that he had
been doing what was expected of him to do.
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Commissioner Blanchard spoke to Mr. Frick and stated that he had concerns about the
need to have the demolition permit which states the criteria of what was expected for the
final outcome. Ms. Frick pointed out to the Commission the completion date on the top of
the document.
Mr. Gage clarified that the demolition permit was for the removal of basement walls,
footings and slab work. Mr. Hobbie added that the remaining miscellaneous debris from
the fire could be removed without a permit.
Michael Schrage, Deputy City Manager, explained that the document Mr. Frick handed out
was not in relation to the item before the commission. This was a separate topic that had
been addressed previously with Mr. Frick for miscellaneous debris on the site.
Commissioner Crawford asked where the debris had been taken. Mr. Frick replied that the
concrete was taken across the street for concrete fill and the rest went to the landfill or a
landfill out east and picked up at night.
Mayor Householter asked if anyone else had any questions. Mr. Frick asked to address the
Commission again. Mr. Frick stated that the reason they have not cleared the basement was
because he feels the concrete slab on that structure is fine and plans to have it evaluated
with a load test. Mayor Householter asked staff if a weight test was acceptable. Mr. Gage
stated that Mr. Frick could forward the testing information to staff and we would have it
evaluated by a structural engineer.
Greg Bengtson, City Attorney, interjected for the record that some statements from Ms.
Frick may have been ambiguous. He referenced Resolution 15-7172 that set the date for the
hearing and was served to Mr. and Mrs. Frick February 6, 2015. Due to a pattern of practice
in the refusal to accept certified mail, personal service was the necessary means for
providing notice. The Engineer's report was transmitted to Mr. Frick on February 24, 2015.
On the matter of information and the timing of information was largely a function of a
matter of fairness in the quasi-judicial context and that they had received all of the
information last Friday by personal service.
Mr. Gage asked Mr. Bengtson if Mr. Borich, attorney of the Fricks, received the notice of
hearing. Mr. Bengtson stated he did not know. Mr. Hobbie clarified that it was the owner's
responsibility to notify their attorney.
Commissioner Blanchard asked for clarification as to what the Fricks received in their
packet and if it contained any new information. Mr. Gage clarified that there were no new
requirements added in the information the Fricks received.
Mr. Mannel, 7532 Pleasant Hill Road, Salina, Kansas stated he questions engineer's
estimates because they are only a guess.
Commissioner Blanchard asked for Mr. Mannel to be excused because this was an
evidential hearing and was not open for public opinion.
Mr. Hobbie explained the options of Resolution 15-7186 for the Commissioners.
Ms. Frick asked to address the Commission again about the question Commissioner
Blanchard asked regarding information they received. She stated they had not seen the
pictures dated March 9, 2015 before last Friday. Mr. Gage clarified that he stated that no
new requirements were added to the Fricks in the packet of information they received last
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Friday and was not referencing pictures or page numbers.
Commissioner Davis asked Mr. Bengtson on the time frame and if there was a way to
appeal the decision or stay part of the order if the walls of the basement were found
structurally sound. Mr. Bengtson referred to Mr. Schrage as they had previously discussed
this topic. Mr. Schrage explained what had been discussed if the structure was found
structurally to be sound and if a reuse plan would be required. If it was verified that it
would be sound, leaving it open and unused was a code issue. Mr. Bengtson added that we
are talking about a dangerous structure and the need to ensure safety.
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15-0078 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to adopt Resolution No.
15-7186 finding that the structure at 500 E Pacific Avenue (the U-shaped building) is unsafe or
dangerous; directing that the structure be repaired or completely removed and the premises made
safe and secure; fixing a time of 14 days (on or before March 31, 2015) within which the required
permit shall be obtained and the repair or removal shall commence; and an additional 31 days (on
or before May 1, 2015) within which the repair or removal shall be completed and authorizing staff
to proceed with the demolition or repair if the owners fail to comply.
Mayor Householter asked for further discussion. Mr. Gage asked for clarification that the motion
maker said completed and the language staff provided on the blue sheet stated substantially
completed. Did the motion maker, Commissioner Blanchard, want completed or substantially
completed. Commissioner Blanchard stated he wanted it completed to the level of completeness
that is stated on the demolition permit.
Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of March 9, 2015.
15-0079 Moved by Commissioner Davis, seconded by Commissioner Crawford, to approve the consent
agenda as presented. Aye: (4). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Resolution No. 15-7188 authorizing the Mayor to execute a Guaranteed Maximum Price
amendment with Busboom & Rauh Construction Company, Inc. and establish a project
contingency for the Salina Fire Station No. 1, Phase 2 Building Addition.
Chief Larry Mullikin explained the history of the project and discussed Phase 2 Building
Addition and the needs of the Fire Station No. 1 and thanked the Commission for allowing
the department to have a project manager. Chief Mullikin explained the options before the
Commission for action.
Commissioner Hardy asked about the guaranteed maximum price (GMP) and was curious
if it was prudent for a contractor to assume worst case scenario in how they price a project.
Keith Searcy, FREW Development Group, explained the costs that could be incurred with
the printing of documents for various subcontractors.
Commissioner Blanchard asked for clarification on the word amendment for the GMP.
Jason Gage, City Manager, explained that when staff was entering into an agreement with
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Busboom & Rauh Construction Company, Inc. for the purpose of this project, it was a stage
in the piece that amends the contract not the GMP.
Commissioner Blanchard stated that this was a substantial increase from when this was
first presented. He asked whether it was it because there was not enough information or
was it because the scope of the project had changed. Mr. Gage stated that the Capital
Improvement Plan (CIP) did not entertain any estimate for Phase 2 at the beginning of the
process. When all the factors were added into the project, there was a better idea of the
costs that would be incurred. Chief Mullikin added that they had come back to the
H Commission after Phase 1 and there were additional projects added that were not included.
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U Commissioner Davis asked about the storage for the emergency response trailers and what
was the response time for getting to them. Chief Mullikin stated the response time was
good and detailed the options from the blue sheet which gave the Commissioners options
to keep the storage shed or acquire additional property. Chief Mullikin stated he felt that
the acquisition of adjacent property was a better option in the future.
Commissioner Blanchard asked a question on Attachment A of the agreement regarding
the materials that were considered to be used. He asked if we were matching the original
materials and was the fire station on any historic register or district. Gary Hobbie, Director
of Development Services, stated he did not believe that it was on a historic register or
district.
David Stewart, Architect with Gravity Works, explained the brick and masonry work from
Phase 1 Addition. They found a local masonry supplier that had an excellent match and
that they will use those brick types for Phase 2. Mr. Stewart clarified the use of allowance
for GMP amounts in the agreement that was addressed by Commissioner Hardy
previously.
Commissioner Blanchard asked if a new aerial platform would be purchased and housed in
the new bay area and what impact new development in the downtown area would have in
the future for expansion. Chief Mullikin responded that the aerial platform was currently in
Fire Station No. 2 and would be moved to Fire Station No. 1 once the new bays were
completed and he did not feel that expansion would be required.
Commissioner Hardy asked about updating the building to last another 60 years with very
few options for expansion of the building and would there be a need to move the station in
another 30 years. Chief Mullikin stated, no that this station would handle a great deal.
Mr. Gage stated that most departments have challenges with space issues. He went on to
say the challenges would be site related for items such as parking, storage and training
space.
Commissioner Blanchard questioned staff if there were two (2) actions needed for the
technical correction to the CIP and the resolution establishing the GMP. Mr. Gage stated
that two (2) actions were required. The first action was to correct the CIP and a second was
for the GMP for Fire Station No.1 Phase 2 Addition.
Commissioner Blanchard asked about the amounts for the projects. Mr. Gage and Rod
Franz, Director of Finance and Administration, clarified the amounts for the correction to
the CIP and the GMP.
15-0080 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to authorize the Mayor to
make a technical correction to the 2015-2019 Capital Improvement Plan to substitute the estimate
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15-0091
15-0082
15-0083
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of Fire Station No. 1 Phase 2 Building Addition to $2,200,000. Aye: (5). Nay: (0). Motion
Moved by Commissioner Blanchard, seconded by Commissioner Davis, to adopt Resolution No.
15-7188 authorizing the Mayor to execute a Guaranteed Maximum Price amendment for $1,765,315
with Busboom & Rauh Construction Company, Inc. and establish a contingency for the Salina Fire
Station No. 1, Phase 2 Building Addition. Aye: (5). Nay: (0). Motion carried.
(7.2) Resolution No. 15-7189, authorizing the issuance of long-term public improvement bonds
of $2,096,654.00 plus capitalized interest and costs of issuance to finance the construction of
improvements to Fire Station No. 1 Phase 2 Building Addition.
Rod Franz, Director of Finance and Administration, explained the issuance of long-term
public improvement bonds plus capitalized interest and costs of issuance to finance the
construction of improvements to Fire Station No. 1 Phase 2 Addition.
Commissioner Crawford stated that it should be a Class A facility. Mr. Franz responded
yes.
Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to adopt Resolution No.
15-7189 authorizing the issuance of long-term public improvement bonds of $2,096,654.00 plus
capitalized interest and costs of issuance to finance the construction of improvements to Fire
Station No. 1 Phase 2 Building Addition. Aye: (5). Nay: (0). Motion carried.
(7.3) Resolution No. 15-7187, setting the date for a public hearing to consider whether certain
structures shall be condemned and ordered demolished or repaired.
Gary Hobbie, Director of Development Services, explained the need for setting the date for
a public hearing to consider certain structures to be condemned and ordered to be
demolished or repaired.
Commissioner Hardy asked if the taxes were paid on the properties. Mr. Hobbie stated that
they have not verified that all taxes have been paid and do not require that all taxes are
paid prior to demolition of a dangerous structure.
Commissioner Blanchard asked for the purposes of the motion, if all properties had to be
mentioned. Greg Bengtson, City Attorney, explained that adopting the resolution would be
sufficient for today's motion for the process to move forward.
Mr. Mannel, 7532 Pleasant Hill Road, Salina, asked if it tied into the St. John's Hospital
property. Mr. Hobbie stated it was not included.
Moved by Commissioner Blanchard, seconded by Commissioner Davis, to adopt Resolution No.
15-7187 setting the date for a public hearing to consider whether certain structures shall be
condemned and ordered demolished or repaired. Aye: (4) Blanchard, Crawford, Davis,
Householter. Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
None.
OTHER BUSINESS
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15-0084
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JOURNMENT
✓ed by Commissioner Crawford, seconded by Commissioner D� , that the regular meeting of
Board of City Commissioners be adjourned. Aye: (4). N (0)./Motion carried. The meeting
)urned at 6:40 p.m. �j
[SEAL]
ATTEST:
Wicks, CMC, City Clerk
Aaron K. Householter, Mayor
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