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07-06-2015 MinutesLJ CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS July 6, 2015 4:00 p.m. to City Commission convened at 2:30 p.m. for Transportation Budget (OCCK) and General fidget Priorities and at 3:45 p.m. for Citizens Forum. to Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, ty-County Building. Roll call was taken followed by the Pledge of Allegiance and a moment of Those present and comprising a quorum: Mayor Jon R. Blanchard (presiding), Commissioners Kaye Crawford, Trent Davis, Randall Hardy, and Karl Ryan. Also present: Jason Gage, City Manager; Michael Schrage, Deputy City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. IAWARDS AND PROCLAMATIONS None. CITIZEN FORUM Norman Mannel, 7532 W. Pleasant Hill Road, provided his thoughts on economic development in Salina. (PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing to consider adoption of Resolution No. 15-7255 providing for repair or removal of a designated dangerous structure located at 120 N. 2nd and establishing a reasonable amount -of time within which the repair or removal of such structure shall commence and be completed. Mayor Blanchard opened the public hearing. Jim Brown, Building Official, explained the process, state statutes, and condition of the structure. Commissioner Davis asked if the property was purchased, would the new owner be notified of the dates within the resolution. Mr. Brown stated that the new owner would be notified of the commencement and completion dates. Mayor Blanchard asked how many of the original dangerous properties were scheduled for demolition. Mr. Brown responded by stating five (5). Bruce Wilson, 1333 N. Marymount Road; stated that he had worked with the owner's son to purchase the property with a July 28, 2015 closing date and provided an update on the condition of the home. Commissioner Ryan asked how Mr. Wilson felt about the completion date of October 17, 2015. Mr. Wilson responded by stating that he was comfortable with the completion date set. Mr. Wilson asked what the completion entailed. Mr. Brown responded by providing a list of items that would need to be completed by the completion date. Page 1 r=: There being no further comments the public hearing was closed. Mayor Blanchard stated that he would like for the demolition of all structures to be completed at the same time. N Mayor Blanchard asked if the completion date could be extended if work was progressing W on the property. Jason Gage, City Manager, responded by stating that the completion date could be extended at a later date prior to the set date but noted that the commencement date was currently set for a date before the closing date of the sale of the property. Commissioner Davis asked if the commencement and completion date could be changed. 0 Mr. Brown stated that the commission could approve the resolution but fix alternate reasonable times for commencement and completion and authorize staff to proceed with the demolition or repair if the owners fail to comply. Mayor Blanchard asked when staff would need to know if the property could be included in the demolition process. Gary Hobbie, Director of Development Services, responded by stating that there were bids currently out for the demolition of structures and explained the bidding process. Mr. Gage asked what temporary safety barrier would need to be established for an interim basis. Mr. Brown responded by stating that construction fencing would be the best temporary barrier to install for a safety measure. Mayor Blanchard stated that he felt a tight timeframe would be the best option with the ability to extend the completion date. A conversation ensued between the Commissioners and Mr. Hobbie regarding the commencement and completion dates for the resolution. Commissioner Hardy asked if the temporary fencing would need to be required. Mr. Gage responded by stating that with the extended amount of time, it would probably be a good idea. Mr. Wilson stated that the agreement was signed by a portion of the parties involved and would need to be signed by the remaining owners. Mr. Gage provided information on the closing of the property and setting the commencement and completion dates. Greg Bengtson, City Attorney, stated that the Commission could develop two scenarios to be included into one resolution to cover the purchase of the property or to revert back to the original dates on the resolution. A conversation ensued between the Commission, Mr. Gage, Mr. Hobbie and Mr. Bengtson regarding the commencement and completion dates to be included in the resolution. 15-0252 Moved by Commissioner Davis, seconded by Commissioner Crawford, to table item 5.1 to later in the meeting. Aye: (5). Nay: (0). Motion carried ONSENT AGENDA (6.1) Approve the minutes of June 22, 2015. (6.2) Approve the minutes of June 29, 2015. Page 2 15-0254 15-0255 15-0256 L (6.3) Reject bids for Project No. 14-3047, Drainage Repairs and direct staff to effect alternative repairs to the area at a cost not to exceed $10,000. Moved by Commissioner Hardy, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 15-10780 amending Salina Code Section 14-57.6 by increasing the maximum fireworks facility size (tent size) from the current 2,500 sq. ft. to 5,800 sq. ft. Mayor Blanchard noted that Ordinance No. 15-10780 was passed on first reading on June 22, 2015 and since that time no comments have been received. Moved by Commissioner Davis, seconded by Commissioner Hardy, to adopt Ordinance No. 15- 10780 on second reading. A roll call vote was taken. Aye: (4) Davis, Hardy, Ryan, Blanchard. Nay: (1) Crawford. Motion carried. (7.2) Second reading Ordinance No. 15-10781 amending Salina Code Section 42-59(d)(2) Consumer Fireworks Facility by amending Section 42-59(d)(2)a. to increase the maximum allowable size of consumer fireworks facilities (tents) from 2,400 sq, ft. to 5,800 sq. ft. Mayor Blanchard noted that Ordinance No. 15-10781 was passed on first reading on June 22, 2015 and since that time no comments have been received. Moved by Commissioner Davis, seconded by Commissioner Hardy, to adopt Ordinance No. 15- 10781 on second reading. A roll call vote was taken. Aye: (4) Davis, Hardy, Ryan, Blanchard. Nay: (1) Crawford. Motion carried. (7.3) First reading Ordinance No. 15-10784 amending Section 5-25 of the Salina Code by adding Oakdale Park to the list of properties owned by the City eligible for the issuance of alcoholic liquor special event permits. Michael Schrager Deputy City Manager, explained the amendment. Moved by Commissioner Hardy, seconded by Commissioner Davis, to pass Ordinance No. 15- 10784 amending Section 5-25 of the Salina Code by adding Oakdale Park to the list of properties owned by the City eligible for the issuance of alcoholic liquor special event permits on first reading. Aye: (5). Nay: (0). Motion carried. (7.4) Authorize sale of General Obligation Internal Improvement Bonds Series 2015-A and Temporary Notes Series 2015-1. (7.4a) Receive report on bids received. (7.4b) Second reading Ordinance No. 15-10783 authorizing the issuance and delivery of Series 2015-A. (7.4c) Resolution No. 15-7253 prescribing the form and details of and authorizing general obligation bonds. (7.4d) Resolution No. 15-7254 authorizing and directing the sale and delivery of temporary notes. Page 3 z W 15-0257 O 15-0258 15-0259 15-0260 15-0261 Rod Franz, Director of Finance and Administration, explained the bids received, bond rating, and projects financed. Mr. Franz introduced representatives from George K. Baum and Gilmore and Bell. Mayor Blanchard asked for the bond amounts to be given again. Mr. Franz responded by providing the new bond amounts. Moved by Commissioner Hardy, seconded by Commissioner Crawford, to adopt Ordinance No. 15-10783 on second reading. A roll call vote was taken. Aye: (5) Crawford, Davis, Hardy, Ryan, Blanchard. Nay: (0). Motion carried. Moved by Commissioner Hardy, seconded by Commissioner Ryan, to adopt Resolution No. 15- 7253 prescribing the form and details of and authorizing the delivery of $6,825,000 principal amount of General Obligation Internal Improvement Bonds, Series 2015-A. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Resolution No. 15- 7254 authorizing and directing the sale and delivery of $5,995,000 principal amount of General Obligation Temporary Notes, Series 2015-1. Aye: (5). Nay: (0). Motion carried. (7.5) Second reading Ordinance No. 15-10778 amending Chapter 30 of the Salina Code by establishing Article III pertaining to alarm systems designed to summon a police response within the City of Salina, Kansas. Chief Brad Nelson explained the amendments. Moved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Ordinance No. 15- 10778 on second reading amending Chapter 30 of the Salina Code by establishing Article III pertaining to alarm systems designed to summon a police response within the City of Salina, Kansas. A roll call vote was taken. Aye: (5) Crawford, Davis, Hardy, Ryan, Blanchard. Nay: (0). Motion carried. (7.6) Second reading Ordinance No. 15-10779 amending Chapter 14 of the Salina Code by establishing Article IV pertaining to alarm systems designed to summon a fire department response within the City of Salina, Kansas. Mayor Blanchard noted that Ordinance No. 15-10779 was passed on first reading on June 22, 2015 and since that time no comments have been received. Moved by Commissioner Crawford, seconded by Commissioner Hardy, to adopt Ordinance No. 15-10779 on second reading. A roll call vote was taken. Aye: (5) Crawford, Davis, Hardy, Ryan, Blanchard. Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Application No. Z15-2, (filed by the Salina Planning Commission), requesting an amendment of the list of permitted uses in Section 42-252 of the C-1 (Restricted Business) district regulations, Section 42-267 of the C-2 (Neighborhood Shopping) district regulations, Section 42-282 of the C-3 (Shopping Center) district regulations, Section 42-302 of the C-4 (Central Business) district regulations, Section 42-317 of the C-5 (Service Commercial) district regulations, Section 42-332 of the C-6 (Heavy Commercial) district regulations and Section 42-338 of the C-7 (Highway Commercial) district regulations in Article VI, Division 14 of the Page 4 Filu N z W 112 a 0 0 U 15-0262 15-0263 15-0264 Zoning Ordinance to add any similar use as a catchall provision to the permitted use section of each commercial district. (8.1a) First reading Ordinance No. 15-10782. Dean Andrew, Director of Planning, explained the request, Planning Commission recommendation and action options. Commissioner Davis asked if any determination made by the Zoning Administrator was under the review of the Planning Commission. Mr. Andrew responded by stating that the items would be administered by staff and staff would provide a report on their determination. Moved by Commissioner Davis, seconded by Commissioner Crawford, to pass Ordinance No. 15- 10782 on first reading requesting an amendment of the list of permitted uses in Section 42-252 of the C-1 (Restricted Business) district regulations, Section 42-267 of the C-2 (Neighborhood Shopping) district regulations, Section 42-282 of the C-3 (Shopping Center) district regulations, Section 42-302 of the C-4 (Central Business) district regulations, Section 42-317 of the C-5 (Service Commercial) district regulations, Section 42-332 of the C-6 (Heavy Commercial) district regulations and Section 42-338 of the C-7 (Highway Commercial) district regulations in Article VI, Division 14 of the Zoning Ordinance to add any similar use as a catchall provision to the permitted use section of each commercial district. Aye: (5). Nay: (0). Motion carried. (8.2) Application No. Z15-2, (filed by the Salina Planning Commission), requesting a comprehensive review and amendment of Section 42-596(a) of Article VIII of the Zoning Ordinance to clarify and update the duties, responsibilities and authority of the Zoning Administrator. (8.2a) First reading Ordinance No. 15-10785. Dean Andrew, Director of Planning, explained the request, Planning Commission recommendation and action options. Mayor Blanchard asked if the roles of the Zoning Administrator were appealable to the Board of Zoning Appeals. Mr. Andrew responded by stating that the determinations made by the Zoning Administrator were appealable to the Board of Zoning Appeals. Mayor Blanchard asked if the appealing process would remain the same. Michael Schrage, Deputy City Manager, responded by stating that the appeal process would remain the same. Moved by Commissioner Davis, seconded by Commissioner Hardy, to pass Ordinance No. 15- 10785 on first reading amending Section 42-596(a) of Article VIII of the Zoning Ordinance to clarify and update the duties, responsibilities and authority of the Zoning Administrator. Aye: (5). Nay: (0). Motion carried. Mayor Blanchard moved for a 10 minute recess at 5:20 p.m. The Commission reconvened at 5:35 P.M. 1 by Commissioner Davis, seconded by Commissioner Ryan, to bring item 5.1 back from the Aye: (5). Nay: (0). Motion carried. Bengtson, City Attorney, explained the resolution pertaining to 120 N. 2nd Page 5 15-0265 15-0266 15-0267 15-0268 Commissioner Hardy asked if the costs associated with the dangerous structure were recoverable. Aaron Martin, Clark, Mize & Linville, responded by stating that the publication costs would only be covered if the structure would need to be demolished by the City of Salina. Commissioner Davis asked if all portions of Section 3 would need to be met. Mr. Bengtson responded by stating that all portions of the section would need to be met but the Commission could alter that section. Mr. Gage responded by providing an alternative to the section in the resolution. jMr. Bengtson provided the possibility to change Section 2 to add a completion deadline. Moved by Commissioner Davis, seconded by Commissioner Hardy, to adopt Resolution No. 15- 7255 and amending Section 2 to include the completion date of August 16, 2015 and amending Section 3. (b) to read the sale closes on or before and the purchaser commences work no later than August 6, 2015, the purchaser shall be allowed until October 17, 2015 for diligent prosecution and substantial completion of all work to make the premises safe and secure and amending Section 3. If the purchaser fails to commence repair or removal, or to diligently prosecute the work until the work is substantially completed, by October 17, 2015, the Governing Body will cause the Structure to be razed and removed. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Request for executive session (legal/real estate). Moved by Commissioner Ryan, seconded by Commissioner Davis, to recess into executive session for 45 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, to discuss matters pertaining to the acquisition of real estate for the reason that public discussion of the matter would adversely affect the City's position in relation to acquisition of the real estate, 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 6:35 p.m. The City Commission recessed into executive session at 5:50 p.m. and reconvened at 6:35 p.m. No action was taken. Commissioner Crawford left the meeting at 5:50 p.m. d by Commissioner Hardy, seconded by Commissioner Davis, to extend the current tive session for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:35 p.m. and reconvened at 6:45 p.m. No action was taken. d by Commissioner Hardy, seconded by Commissioner Davis, to extend the current tive session for an additional 5 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:45 p.m. and reconvened at 6:50 p.m. No action was taken. Page 6 15-0269 C (ADJOURNMENT Moved by Commissioner Davis, seconded by Commissioner Hardy, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:50 p.m. [SEAL] ATTEST: Shandi Wicks, CMC, City Clerk Page 7