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06-13-2016 MinutesN N Z WCL W 0 N C O U ri CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS June 13, 2016 4:00 p.m. The 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. Those present and comprising a quorum: Mayor Kaye J. Crawford (presiding), Commissioners Jon Blanchard, 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. AWARDS AND PROCLAMATIONS None. I CITIZENS FORUM Dan Stack, City Engineer, mentioned that Wayne Nelson, Civil Engineer II, was presented the Outstanding Government Engineer award from Kansas Society of Professional Engineers. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing to consider adoption of Resolution Nos. 16-7358 through 16-7362 providing for repair or removal of designated dangerous structures (255 N. Columbia, 315 W. South Street, 700 N. 2nd Street, 301 S. 11th Street, and 522 S. 11th Street) and establishing a reasonable time within which the repair or removal of such structures shall commence and be completed. Gary Hobbie, Director of Development Services, explained the dangerous structure procedures, fiscal impact, funding available and the code sections that pertain to this matter. Mayor Crawford opened the public hearing. Gary Hobbie, Director of Development Services, explained the condition of the structures located at 255 N. Columbia Street and the possible actions. Commissioner Hardy asked how the properties were selected. Mr. Hobbie stated by complaints filed by a neighbor or by staff in the field. Commissioner Blanchard asked for additional information pertaining to taxes and where the mailings were sent. Mr. Hobbie stated the taxes were not current on the property and the notices were mailed to any person or individual that would have interest in the property. Judy Larson, 215 S. Chicago, asked if there were animals or varmints that would have to be dealt with in the procedure and if removing the animals would increase the cost. Mr. Hobbie stated there could be rats, etc in the buildings, there could be an additional cost and the contractors would be provided a notice of the possibility of animals within the Page 1 structures. There being no further comments the public hearing was closed. 16-0224 Moved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Resolution No. 16- 7358 finding that the structure at 255 N. Columbia is unsafe or dangerous; directing that the Z structure(s) be repaired or removed and the premises made safe and secure; fixing a date of August 1, 2016 within which the repair or removal shall commence; and a date of November 1, 2016 within which the repair or removal shall be completed; and authorizing staff to proceed with 0 the demolition or repair if the owner(s) fail to comply. o N C Commissioner Davis asked if the property owner was still alive. Mr. Hobbie stated the owner was still living. Commissioner Blanchard asked what action would need to be taken between now and August 1, 2016. Mr. Hobbie stated a building permit would need to be submitted prior to August 1, 2016. Mayor Crawford called the question. Aye: (5). Nay: (0). Motion carried. Mayor Crawford opened the public hearing. Gary Hobbie, Director of Development Services, explained the condition of the structure located at 315 W. South Street, stated the property was in the Heritage District and the possible actions. Mr. Hobbie continued to state a contractor had pulled a demolition permit for this property but a certificate of appropriateness would need to be issued before the structure could be demolished. There being no further comments the public hearing was closed. 16-0225 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to adopt Resolution No. 16-7359 finding that the structure at 315 W. South Street is unsafe or dangerous; directing that the structure(s) be repaired or removed and the premises made safe and secure; fixing a date of August 1, 2016 within which the repair or removal shall commence; and a date of November 1, 2016 within which the repair or removal shall be completed; and authorizing staff to proceed with the demolition or repair if the owner(s) fail to comply. Aye: (5). Nay: (0). Motion carried. Mayor Crawford opened the public hearing. Gary Hobbie, Director of Development Services, explained the condition of the structures located at 700 N. Second Street, stated the utilities had been inactive for one (1) year and the possible actions. Commissioner Blanchard asked how the taxes on the property were delinquent more than three (3) years. Mr. Hobbie stated that staff would notify the County Clerk of the action against the property. Michael Schrage, Deputy City Manager, stated he was in contact with County Treasurer and County Counselor and Saline County had provided notice to all owners in Saline County that were behind on taxes. James Sales, property owner, stated he had been incarcerated since 2015 and just got out on June 10, 2016 and he would like to work with staff to repair the home. Mayor Crawford asked if the property was locked. Mr. Sales stated the doors to the property were locked. Commissioner Blanchard asked if he had discussions with staff prior to today's meeting. Page 2 16-0226 16-0227 Mr. Sales stated he had not had conversations with staff. Commissioner Blanchard encouraged Mr. Sales to work with staff to make the needed repairs to save the home. Commissioner Davis asked who Mark Avise was. Mr. Sales stated his nephew. Commissioner Davis asked if everything on the dangerous structures inspection checklist had to be remedied for a property to be removed from the list. Mr. Hobbie'stated not all items would need to be taken care of prior to removal from the dangerous structure list. Commissioner Hardy asked if the property taxes would need to be paid current. Mr. Sales stated he would check into the status of the property taxes on the property. There being no further comments the public hearing was closed. Commissioner Davis asked if the Building Inspector determined a money estimate for the repairs. Mr. Hobbie stated no. Moved by Commissioner Blanchard, seconded by Commissioner Davis, to adopt Resolution No. 16-7360 finding that the structure at 700 N. 2nd Street is unsafe or dangerous; directing that the structure(s) be repaired or removed and the premises made safe and secure; fixing a date of August 1, 2016 within which the repair or removal shall commence; and a date of November 1, 2016 within which the repair or removal shall be completed; and authorizing staff to proceed with the demolition or repair if the owner(s) fail to comply. Aye: (5). Nay: (0). Motion carried. Commissioner Davis asked if there would be a time staff would elect to repair a structure instead of demolish it. Mr. Hobbie stated staff had not elected in the past to repair a structure, it would be cheaper to demolish the property. Mayor Crawford opened the public hearing. Gary Hobbie, Director of Development Services, explained the condition of the structures located at 301 S. 11th Street, stated the utilities had not been on since 2011 and the possible actions. Rodney Muck, 714 Lena, brother of property owner, stated he had been working on the home. Commissioner Davis asked what the long range plan was for the property. Mr. Muck stated the intention was to fix up the house and possibly sell it. A conversation ensued between the Commission, Mr. Muck and Mr. Hobbie regarding the condition of the structure and the future plan of the structure. Greg Bengtson, City Attorney, asked if there was an estate proceeding. Mr. Muck stated the matter was currently going through District Court and his father was designated as the executor of the estate. There being no further comments the public hearing was closed. Moved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Resolution No. 16- 7361 finding that the structure at 301 S. 11th Street is unsafe or dangerous; directing that the structure(s) be repaired or removed and the premises made safe and secure; fixing a date of August 1, 2016 within which the repair or removal shall commence; and a date of November 1, 2016 within which the repair or removal shall be completed; and authorizing staff to proceed with the demolition or repair if the owner(s) fail to comply. Aye: (5). Nay: (0). Motion carried. Page 3 s n Jason Gage, City Manager, stated if a plan was developed prior to August 1, 2016 and it would take longer to complete the repairs, staff could bring the item back to the City Commission for reconsideration. Commissioner Davis asked if the property was included in an estate hearing, would Mr. Z Muck be able to sign a contract. Mr. Bengtson stated an agreement could be drawn up as W long as it was signed by the executor of the estate. Mayor Crawford opened the public hearing. Gary Hobbie, Director of Development Services, explained the condition of the structures N located at 522 S. 11th Street, noted the possibility of repairing the foundation of the property instead of demolishing and the possible actions. Commissioner Davis asked if the repair would be added to the property taxes for the property. Mr. Hobbie stated the repair costs would be added to the property taxes if the repair amount was not paid. Commissioner Hardy asked if a study would need to be performed on the property to determine if the property after repaired would be in the appropriate price range. Mr. Hobbie stated staff would be in favor of performing the study. There being no further comments the public hearing was closed. 16-0228 Moved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Resolution No. 16- 7362 finding that the structure at 522 S. 11th Street is unsafe or dangerous; directing that the structure(s) be repaired or removed and the premises made safe and secure; fixing a date of August 1, 2016 within which the repair or removal shall commence; and a date of November 1, 2016 within which the repair or removal shall be completed; and authorizing staff to proceed with the demolition or repair if the owner(s) fail to comply. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of June 6, 2016. Commissioner Blanchard noted corrections to the minutes. 16-0229 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to approve the consent agenda as amended. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 16-10836 levying a 0.75% general purpose retailers' sales tax within the City of Salina and repealing Ordinance No. 08-10475. Mayor Crawford noted that Ordinance No. 16-10836 was passed on first reading on June 6, 2016 and since that time no comments have been received. 16-0230 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to adopt Ordinance No. 16-10836 on second reading. A roll call vote was taken. Aye: (5) Blanchard, Davis, Hardy, Ryan, Crawford. Nay: (0). Motion carried. (7.2) Permission to accept a contract for a new phone system from Nex-Tech. Jack Rolfs, Director of Computer Technology, explained the contract and phone system. Page 4 16-0231 16-0232 16-0233 Commissioner Davis asked if the city phone bills include the additional taxes and service fees as personal phone bills would. Mr. Rolfs stated yes. Commissioner Hardy asked if there would be an analysis performed to determine what phones would need to be installed. Mr. Rolfs stated an analysis would be performed department by department before cabling and phone jacks were installed. Commissioner Blanchard asked who would need to be authorized to sign the contact. Jason Gage, City Manager, stated staff would sign the contract. Commissioner Davis asked if headsets would be provided for the phones. Mr. Rolfs stated headsets would be available for the new phones. Commissioner Hardy asked how long the cabling should last. Mr. Rolfs stated at least ten (10) years. Moved by Commissioner Ryan, seconded by Commissioner Davis, to give staff permission to contract with Nex-Tech for a new phone system. Aye: (5). Nay: (0). Motion carried. (7.3) Salina Field House. (7.3a) Resolution No. 16-7363 authorizing the formation of Salina Field House Lender, Inc. a Kansas not-for-profit corporation and approving the articles of incorporation and by-laws of Salina Field House Lender Inc. as well as authorizing the filing of the articles of incorporation of Salina Field House Lender, Inc. with the Kansas Secretary of State. (7.3b) Resolution No. 16-7364 authorizing the formation of Salina Field House Qualified Active Low -Income Community Business, Inc a Kansas not-for- profit corporation and approving the articles of incorporation and by-laws of Salina Field House Qualified Active Low -Income Community Business, Inc. as well as authorizing the filing of the articles of incorporation of Salina Field House Qualified Active Low -Income Community Business, Inc. with the Kansas Secretary of State. Michael Schrage, Deputy City Manager, explained the formation of the entities, articles of incorporation and by-laws of each entity. Commissioner Davis asked for an explanation why the entities needed to be created. Mr. Schrage stated the New Market Tax Credits was a federal program and there was a need for the creation of the entities in order to qualify for the funding. Commissioner Davis asked if there would ever be a reason that Salina Field House Qualified Active Low -Income Community Business, Inc. would not transfer the property back to the city. Mr. Schrage stated the membership of the board would be the five (5) city commissioners therefore he hoped that would not happen. Moved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Resolution No. 16- 7363 authorizing the formation of Salina Field House Lender, Inc. a Kansas not-for-profit corporation and approving the articles of incorporation and by-laws of Salina Field House Lender Inc. as well as authorizing the filing of the articles of incorporation of Salina Field House Lender, Inc. with the Kansas Secretary of State. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Resolution No. 16- 7364 authorizing the formation of Salina Field House Qualified Active Low -Income Community Page 5 Business, Inc a Kansas not-for-profit corporation and approving the articles of incorporation and by-laws of Salina Field House Qualified Active Low -Income Community Business, Inc. as well as authorizing the filing of the articles of incorporation of Salina Field House Qualified Active Low - Income Community Business, Inc. with the Kansas Secretary of State. Aye: (5). Nay: (0). Motion carried. Z a W Commissioner Blanchard asked if the board was subject to Kansas Open Meetings Act (KOMA) and Kansas Open Records Act (KORA) and if there were complications on duality. Greg Bengtson, City Attorney, stated that the appointments would be for a two (2) year term and there would not be a duality problem. He continued to state the board would be subject to KOMA and KORA. Mr. 0 Schrage stated the QALIC-B board would meet periodically. A conversation ensued between Commissioner Blanchard, Mr. Bengtson and Mr. Schrage regarding the board members of QALICB. Mayor Crawford called the question. Aye: (5). Nay: (0). Motion carried. Commissioner Blanchard asked what the next process would be. Mr. Schrage stated the bid opening would be Thursday, June 16thand staff would review the bids between then and June 27th. DEVELOPMENT BUSINESS None. OTHER BUSINESS 116-0234 Moved by Commissioner Blanchard, seconded by Commissioner Ryan, to add an executive session (legal) to the agenda. Aye: (5). Nay: (0). Motion carried. (9.1) Request for executive session. 16-0235 Moved by Commissioner Davis, seconded by Commissioner Blanchard, to recess into executive session for 15 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 reconvene at 5:40 p.m. The City Commission recessed into executive session at 5:25 p.m. and reconvened at 5:40 p.m. No action was taken. 16-0236 Moved by Commissioner Ryan, seconded by Commissioner Blanchard, to extend the current executive session for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:40 p.m. and reconvened at 5:50 p.m. No action was taken. 16-0237 Moved by Commissioner Blanchard, seconded by Commissioner Ryan, to extend the current executive session for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:50 p.m. and reconvened at 6:00 p.m. No action was taken. 16-0238 Moved by Commissioner Hardy, seconded by Commissioner Ryan, to extend the current executive session for an additional 15 minutes. Aye: (5). Nay: (0). Motion carried. Page 6 116-0239 N Z 16-02$0 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 Davis, seconded by Commissioner Hardy, to extend the current executive session for an additional 16 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:15 p.m. and reconvened at 6:31 p.m. No action was taken. ADJOURNMENT Moved by Commissioner Davis, seconded by Commissioner Blanchard, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion a ied. The meeting adjourned at 6:31 p.m. [SEAL] ATTEST: V V15tuO Shan'di Wicks, CMC, City Clerk Page 7