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11-09-2015 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS November 9, 2015 x 4:00 p.m. The City Commission convened at 2:30 p.m. for Review of Community Art & Design Policy and at 3:45 p.m. for Citizens Forum. v 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. 15-0433 lose present and comprising a quorum: Mayor Jon R. Blanchard (presiding), Commissioners tye Crawford, Trent Davis, Randall Hardy, and Karl Ryan. so present: Jason Gage, City Manager; Michael Schrage, Deputy City Manager; Greg Bengtson, ty Attorney; and Shandi Wicks, City Clerk. AWARDS AND PROCLAMATIONS None. CITIZEN FORUM None. (PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. (CONSENT AGENDA (6.1) Approve the minutes of November 2, 2015. (6.2) Approve a request to allow Salina Downtown, Inc. to reallocate $12,000 in City funds originally granted to them for the purpose of buying downtown light pole banner brackets to be used to purchase bicycle racks. Moved by Commissioner Crawford, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Resolution No. 15-7296 authorizing the Mayor to enter into a Members Agreement with the Salina Airport Authority, Salina Area Chamber of Commerce and Saline County to create the Salina Community Economic Development Organization, Inc. Jason Gage, City Manager, explained the IEDC review, the Economic Development (EDO) Working Group, articles of incorporation, bylaws, funding and the agreement. Commissioner Davis stated he was initially strongly in favor of a separate location for the EDO so the organization did not appear to be operating under one of the member organizations and it could have its independent identity. He asked if the organization would have a separate entrance and signage to the Chamber of Commerce building. Mr. Gage stated that the organization would have a separate Page 1 entrance to the building on the west side and signage would be created and posted. Commissioner Davis asked if the location entrance and signage should be incorporated into the agreement. Greg Bengtson, City Attorney, stated Exhibit D addressed the location and signage and the exhibit was incorporated as part of the agreement. Mayor Blanchard asked if the phone lines for the organization would be separate from the Chamber of Commerce. Mr. Gage stated the phone lines for the organization would be separate but the receptionist of the Chamber could assist with answering phone calls. Commissioner Hardy asked if a timeline had been established for hiring staff. Mr. Gage stated once the board was established, the framework would be created for staffing, then the next step would be to market for the hiring of staff. Mayor Blanchard asked for the noticeable differences the public would see in the organization. Mr. Gage stated there would be an independent collective body entity that would be responsible for much of the primary tasks associated with economic development. Mayor Blanchard asked what the anticipated outcomes would be for the organization. Mr. Gage stated there would be focus on the community's economic health and the metrics and standards the IEDC recommended. Ray Hruska, 235 N. Santa Fe, asked if the Salina Economic Development Incentives Council (SEDIC) committee would dissolve, the amount of funding of the Chamber of Commerce would contribute, the amount of money spent on staffing and paper so far, why the citizens couldn't vote on the creation of the organization. Mr. Hruska continued to express his thoughts on the creation of the organization. Mr. Gage stated the funds allocated to the SEDIC would be the same funding for the new organization and the determination of the SEDIC board had not been determined. Mr. Bengtson stated the in-kind support and the monetary support of the Chamber of Commerce were included on Exhibit D of the agreement. Mr. Gage stated he was not aware of the amount of money spent on staffing and paper and the item was considered an administrative item that could be voted on by the City Commission. Mr. Gage provided information on economic development and the creation of the organization. Commissioner Davis stated that communities had two choices, to continue to move forward or to die and continued to provide his thoughts on what could be lost if the City Commission did not vote for the creation of the organization. Mayor Blanchard asked if the same services provided by the Chamber of Commerce members would be extended to non-members. Frank Hampton, Chamber of Commerce Board Chair, stated the Chamber of Commerce would actively help non- members but would try to recruit them to become a member. Commissioner Crawford thanked the Chamber of Commerce, Salina Airport Authority, and Saline County for working together to create the organization. Mr. Bengtson asked if the members could determine a recommended date each member would appoint and qualify the members of the board. Mr. Gage stated the Salina Airport Authority would meet on November 18, 2015 to approve the Page 2 Z 2 y 15-0434 appointments. Mr. Gage asked Rita Deister, Saline County Administrator, when the County would have board appointments completed. Ms. Deister stated that the Saline County Commission would vote on the item November 17, 2015 and stated the County had not received expression on interest forms yet. A conversation ensued between the Commission, Mr. Bengtson and Mr. Gage regarding the date members should be appointed. The City Commission reached the consensus to set December 15, 2015 as the date each member would appoint and qualify its appointees to the board. Moved by Commissioner Davis, seconded by Commissioner Hardy, to adopt Resolution No. 15- 7296 authorizing the Mayor to enter into a Members Agreement with the Salina Airport Authority, Salina Area Chamber of Commerce and Saline County to create the Salina Community Economic Development Organization, Inc. with inclusion of the date of December 15, 2015 in Section 6 of the agreement. (Mayor Blanchard provided his thoughts on the creation of the organization, thanked the Salina Airport Authority, Salina Chamber of Commerce and Saline County for the partnership. (Aye: (5). Nay: (0). Motion carried. (7.2) Resolution No. 15-7297 making certain findings and determinations giving authority to the City of Salina, Kansas to partner with Heartland Housing Partners, LLC and apply for and participate in the Kansas Moderate Income Housing Program. Michael Schrage, Deputy City Manager, explained the partnership, the application process, the request, and modifications to the application and resolution. Commissioner Davis asked if it would be obligating ourselves either morally or administratively by joining the application at this point. Mr. Schrage stated staff made every effort in the grant application along with communications to the applicant to make it clear that the requests for the Comprehensive Plan Amendment, Land Use Approvals and the Rural Housing Incentive District financing would be made and the outcome would be determined. Commissioner Davis asked if page 8 of the application referencing jobs would need to be completed prior to submittal. Mr. Schrage stated the questions would be marked as unknown unless the Chamber of Commerce provided responses. Commissioner Hardy asked for the definition of moderate income. Mr. Schrage stated it was a percentage of the area median income. Mayor Blanchard stated a letter was submitted to the City Commission by a citizen pertaining to the pre -determination of the land use. Greg Bengtson, City Attorney, stated pre -determination was a concern either in favor or against the application and explained the Commission would have to speak generally about the matter and not specifically to a location. Ross Vogel, Heartland Housing Partners, LLC, thanked Mr. Schrage and staff for the help on the project. Mr. Vogel stated past applications had been submitted to the Page 3 15-0435 State without the zoning completed, explained the definition of moderate income, and discussed rent for the units. Commissioner Hardy asked about the location of the complex. Mr. Vogel stated the location of the complex was based on his past experience. Mayor Blanchard asked what a gap filler in the application meant. Mr. Vogel stated the wording was typical wording for the State and it meant the funding wasn't really there. Commissioner Crawford asked about the housing study pertaining to three bedroom units. Gary Hobbie, Director of Development Services, stated lack of availability for three bedroom units. Commissioner Davis asked for additional information on the complex. Mr. Vogel provided information on the green space and apartment designs of the complex. Moved by Commissioner Crawford, seconded by Commissioner Ryan, to adopt Resolution No. 15- 7297 making certain findings and determinations giving authority to the City of Salina, Kansas to partner with Heartland Housing Partners, LLC and apply for and participate in the Kansas Moderate Income Housing Program. Commissioner Davis stated he was concerned about the pressure the approval could put on future commission members. He felt the Comprehensive Plan never stood for anything because it was never adhered to. Mr. Bengtson stated the board members would have to be reminded of the quasi-judicial matters pertaining to the Comprehensive Plan Amendment and Land Use approvals. Commissioner Hardy asked if Comprehensive Plans in general tend to be more static or more of an evolving kind of thing. Mr. Schrage stated the Comprehensive Plan could be amended but there was a general premise behind the Comprehensive Plan that would be upheld as part of those amendments. ye: (3). Nay: (2) Davis, Blanchard. Motion carried. (7.3) Resolution No. 15-7298 authorizing the Mayor to execute a compliance agreement with George Meinhardt providing for an extension of time to repair or remove the designated dangerous structure located at 906 N. 11th Street. Jim Brown, Building Official, explained the compliance agreement, extension dates and scope of work. Michael Schrage, Deputy City Manager, stated the owner of the property was incarcerated for a probation violation and the property manager was available to address the Commission. Commissioner Davis asked for clarification on the costs. Mr. Brown stated the buy- out amount of $4,000 and the hard costs of $1,087.77 would be the required payment along with the financial security deposit. Mayor Blanchard asked if commission action alternative 1 and 3 would be the same if the property owner would not execute the agreement and submit required payment by 5:00 p.m. on Friday, November 13, 2015. Mr. Schrage stated yes. Page 4 15-0436 Elwin Ocasio, 731 Joanie Lane, stated his services were retained for management of George Meinhardt's properties. Mayor Blanchard asked if Mr. Ocasio was able to provide payment by Friday, November 13, 2015. Mr. Ocasio stated his plan was to obtain the money from Mr. Meinhardt and continue to work with the contractor to have the repairs completed by the completion date. Mr. Gage asked if there was a contract between Mr. Meinhardt and Mr. Ocasio. Mr. Ocasio stated there was not a written contract. Commissioner Davis asked if the payment would be Mr. Meinhardt's money and or Mr. Ocasio's money. Mr. Ocasio stated the payment would come from Mr. Meinhardt. Kevin Christensen, High Class Homes, stated he went through the property with the property manager and was able to determine the list of repairs needed for the structure. Commissioner Hardy asked if the contractor or property manager would have access to work with Mr. Meinhardt prior to Friday. Mr. Christenson stated the contractor or property manager could work with the Mr. Meinhardt to establish a bank account and provide payment. Mayor Blanchard asked if the agreement and payment were not submitted by the deadline, when could the property be demolished. Mr. Hobbie stated the structures would be demolished within the next two (2) weeks. Mr. Christensen asked if the demolition of the property or rehabilitating the property would cost the taxpayers more money. Mayor Blanchard stated the preference would be to repair the home and keep the property taxes current to make the property a good home in the community. Moved by Commissioner Hardy, seconded by Commissioner Ryan, to adopt Resolution No. 15- 7298 approving the proposed compliance agreement, to establish a date of November 23, 2015 to commence work and a date of January 2, 2016 to complete work, provided that the Compliance Agreement is executed and the required payment of the City's costs as well as financial guarantees are received no later than 5 p.m. Friday, November 13, 2015. Work shall include all repairs and renovations necessary to complete work necessary to remove the structure from the dangerous structures listing and authorizing staff to proceed with the demolition if the owners fail to comply. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Application #Z08 -10A, (filed by Jones Gillam Renz on behalf of S&B Motels, Inc.), requesting approval of an amendment to an existing PC -5 (Planned Service Commercial) District and the approval of a final site development plan for a proposed hotel with a building height of 61 ft. (8.1a) First reading Ordinance No. 15-10811. (8.1b) Declare a compelling public interest exists to allow first and second reading of the ordinance on the same day. (8.1c) Second reading Ordinance No. 15-10811. Page 5 15-0438 15-0439 15-0440 Dean Andrew, Director of Planning explained the request, Planning Commission recommendation and action options. Jeff Gillam, representing S & B Motels, explained the height of the building. Mayor Blanchard asked if the appearance of the convention center was a higher quality appearance. Mr. Gillam stated the Hilton Garden Inn was a higher quality hotel and convention center. Moved by Commissioner Hardy, seconded by Commissioner Davis, to pass Ordinance No. 15- 10811 on first reading approving an amendment to an existing PC -5 (Planned Service Commercial) District and the approval of a final site development plan for a proposed hotel with a building height of 61 ft. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Hardy, seconded by Commissioner Ryan, to declare a compelling public purpose exists for second reading approval of Ordinance No. 15-10811 on the same day as the first reading. Moved by Commissioner Hardy, seconded by Commissioner Ryan, to adopt Ordinance No. 15- 10811 on second reading approving an amendment to an existing PC -5 (Planned Service Commercial) District and the approval of a final site development plan for a proposed hotel with a building height of 61 ft. A roll call vote was taken. Aye: (5) Crawford, Davis, Hardy, Ryan, Blanchard. Nay: (0). Motion carried. OTHER BUSINESS Commissioner Hardy stated he attended drug court today, explained the phases of the court and his experience attending. Mayor Blanchard thanked staff for their work on the economic development organization. Commissioner Crawford noticed the recent damage to the VFW building and encouraged local contractors to contact the VFW to help repair the building. 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 6:30 p.m. [SEAL] ATTEST: Shands Wicks, CMC, City Clerk Page 6