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08-03-2015 Minutesn u CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 3, 2015 4:00 p.m. . The City Commission convened at 2:30 p.m. for Budget 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 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 Jon R. Blanchard (presiding), Commissioners Kaye Crawford, Randall Hardy, and Karl Ryan. ICommissioner Trent Davis joined the meeting via telephone at 4:48 p.m. Also present: Jason Gage, City Manager; Michael Schrage, Deputy City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. AWARDS AND PROCLAMATIONS (3.1) Mayor Blanchard recognized outgoing Fire Chief Larry Mullikin. Mayor Blanchard and the commissioners thanked Chief Mullikin for his service. Mayor Blanchard expressed the level of professionalism of the Salina Fire Department staff. Jason Gage, City Manager, thanked Chief Mullikin for his service and talked about the last twelve years he had worked with Chief Mullikin. Chief Larry Mullikin distributed a list of his accomplishments to the Commission, provided information on his years of service, explained the code of ethics of the fire department, the awards received by the fire department and recognized the fire department staff that was in attendance. (3.2) "A Proclamation of Recommitment to Full Implementation of the Americans with Disabilities Act" read by Carolee Miner, Accessibility Advisory Board Chair. Mrs. Miner announced events associated with the proclamation. ICITIZEN FORUM William Neuville, 126 N. Second, asked if a law could be passed regarding animals in truck beds. Mayor Blanchard thanked Mr. Neuville for bringing awareness to the Commission and stated that staff could look at the options available to bring awareness to the community and asked Mr. Neuville to contact the City Manager's Office to provide them with his contact information. (PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of July 27, 2015. (6.2) Resolution No. 15-7265 authorizing the city manager to permit the Muscular Dystrophy Association (MDA) to solicit within the City's rights-of-way utilizing off- duty Salina firefighters. Page 1 15-0304 Moved by Commissioner Hardy, seconded by Commissioner Ryan, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION N N Z (7.1) Second reading Ordinance No. 15-10788 unconditionally approving the issuance of W taxable general obligation bonds by the Salina Airport Authority for the purpose of financing the cost of certain capital improvements located at the Salina Airport and Industrial Center and refunding certain outstanding general obligation bonds of the Authority. 0 Mayor Blanchard noted that Ordinance No. 15-10788 was passed on first reading on July 27, 2015 and since that time no comments have been received. 15-0305 Moved by Commissioner Crawford, seconded by Commissioner Hardy, to adopt Ordinance No. 15-10788 on second reading. A roll call vote was taken. Aye: (4) Crawford, Hardy, Ryan, Blanchard. Nay: (0). Motion carried. (7.2) First reading Ordinance No. 15-10790 levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances. Rod Franz, Director of Finance and Administration, explained the assessments. Commissioner Hardy stated that he was amazed at the cost of mowing a yard and asked if the properties were of absentee owners. Mr. Hobbie responded by stating that the abatements are served to all types of property owners. Commissioner Crawford asked about notices mailed to property owners that were in assisted care. Mr. Hobbie responded by stating that notices were mailed to the address listed of the property owner and the post office would attempt to deliver the notice three times before returning the notice to the City. 15-0306 Moved by Commissioner Hardy, seconded by Commissioner Crawford, to pass Ordinance No. 15- 10790 levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances on first reading. Aye: (4). Nay: (0). Motion carried. Commissioner Davis joined the meeting via telephone at 4:48 p.m. (7.3) First reading Ordinance No. 15-10791 levying special assessments against certain lots and pieces of property to pay the cost of the repair of sidewalks. Rod Franz, Director of Finance and Administration, explained the assessments. Commissioner Hardy asked if the charges assessed were the only sidewalks repaired. Mr. Franz responded by stating that the properties on the ordinance were properties that were repaired by the contractor hired by the City of Salina and noted that property owners could repair the sidewalks on their own. 15-0307 Moved by Commissioner Ryan, seconded by Commissioner Hardy, to pass Ordinance No. 15- 10791 levying special assessments against certain lots and pieces of property to pay the cost of the repair of sidewalks on first reading. Aye: (5). Nay: (0). Motion carried. Page 2 N N 15-0398 15-0309 pil 15-0310 f1 (7.4) First reading Ordinance No. 15-10789 amending Salina Code Section 1-8 pertaining to prevailing federal or state law and conflict between code provisions, and repealing the existing section. Greg Bengtson, City Attorney, explained the amendment. Moved by Commissioner Hardy, seconded by Commissioner Crawford, to pass Ordinance No. 15- 10789 amending Salina Code Section 1-8 pertaining to prevailing federal or state law and conflict between code provisions, and repealing the existing section on first reading. Aye: (5). Nay: (0). Motion carried. (7.5) Resolution No. 15-7266 providing for the repair or removal of a designated dangerous structure at 515 Inez Avenue and establishing a reasonable time within which the repair or removal of such structure shall commence and be substantially completed. Jim Brown, Building Official, explained dangerous structure process, status on the repairs of the properties and action options. Roger Pentico, 510 W. Antrim, asked the Commission to shorten the resolution dates to thirty (30) days; he was in the process of cleaning out the house and will have the structure demolished. Moved by Commissioner Ryan, seconded by Commissioner Hardy, to adopt Resolution No. 15- 7266 finding the structure located at 515 Inez Avenue, Salina, Kansas is unsafe and dangerous; directing that the structure be repaired or removed and make the premises safe and secure; recognizing that work must commence by August 4, 2015 and fixing the date of September 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. Aye: (5). Nay: (0). Motion carried. (7.6) Resolution No. 15-7267 providing a notice of a public hearing on the advisability of creating the S&B South Ninth Community Improvement District. Jason Gage, City Manager, explained the district, use of funding, funding sources, financing alternatives and request submitted. Chris Sook with Sloan, Eisenbarth, Glassman, McEntire & Jarboe, L.L.C., thanked the commission and staff for their time. Commissioner Hardy asked if Mr. Sook was currently working on other Community Improvement Districts (CID). Mr. Sook responded by stating that there was a current CID in Goodland under the same developer. Moved by Commissioner Hardy, seconded by Commissioner Ryan, to adopt Resolution No. 15- 7267 setting August 24, 2015 at 4:00 p.m. as the date and time for a public hearing to determine the advisability of creating the S&B South Ninth Community Improvement District. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. I OTHER BUSINESS (9.1) Request for executive session (legal/ real estate). Page 3 15-0392 15-0313 15-0314 15-0315 1 Moved by Commissioner Ryan, seconded by Commissioner Hardy, to recess into executive session for 60 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 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 reconvene at 6:15 p.m. The City Commission recessed into executive session at 5:15 p.m. and reconvened at 6:15 p.m. No action was taken. Moved by Conunissioner Ryan, seconded by Commissioner Crawford, to extend the current executive session for an additional 30 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:15 p.m. and reconvened at 6:45 p.m. No action was taken. Moved by Commissioner Ryan, 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 6:45 p.m. and reconvened at 7:00 p.m. No action was taken. Moved by Commissioner Ryan, seconded by Commissioner Crawford, 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 7:00 p.m. and reconvened at 7:15 p.m. No action was taken. ADJOURNMENT Moved by Commissioner Ryan, seconded by Commissioner Crawford, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 7:15 p.m. [SEAL] I ATTEST: Adc Wicks, CMC, City Clerk Page 4