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07-16-2018 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS July 16, 2018 4:00 p.m. 0. The City Commission convened at 2:30 p.m. for Budget: Fee Schedule/Pay Plan/Debt Schedule Review and at 3:45 p.m. for Citizens Forum. 8 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 8 silence. Those present and comprising a quorum: Mayor Karl F. Ryan (presiding), Commissioners Trent Davis,Joe Hay,Jr., Melissa Rose Hodges,and Mike Hoppock. Also present: Jason Gage, City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. AWARDS AND PROCLAMATIONS None. CITIZENS FORUM None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Comments on proposed 2019 budget. (5.2) Public hearings to consider adoption of Resolution Nos. 18-7570 through 18-7577 providing for repair or removal of designated dangerous structures (924 N. 3rd Street, 1819 N. 5th Street, 2410 N. 9th Street, 245 Baker Street, 540 W. Iron Avenue, 706 W. Iron Avenue, 439 S. Phillips and 425 Russell) and establishing a reasonable time within which the repair or removal of such structures shall commence and be completed. Lauren Driscoll, Director of Community & Development Services, explained the dangerous structure procedures, fiscal impact, funding available and the code sections that pertain to this matter. Commissioner Hoppock asked if there was a mortgage on a property, would the bank be notified. Ms. Driscoll stated yes. Mayor Ryan opened the public hearing. • Lauren Driscoll, Director of Community & Development Services, explained the condition of the structures located at 924 N. 3rd Street and the possible actions. Mayor Ryan asked if there was a list that the property owner could address. Ms. Driscoll stated a violation notice was provided to the property owner listing the violations that would need corrected. Tammy Simms, daughter of Helen Simms, property owner, (speaking on behalf of her mother) stated the daughters were not aware of the situation until last week and have been working with their mother to get permission to demolish the property. She continued to Page I state she had contacted a demolition company today and the utility companies to get the utilities removed from the property to prepare for demolition of the property. Commissioner Davis asked if the commencement date could be earlier and asked what the commencement date meant. Ms. Driscoll stated the commencement date would allow time z for paperwork for a building permit or a demolition permit to be completed. W Commissioner Hoppock stated staff was here to help the property owner with the process. 8 Commissioner Davis asked if the utilities were active for the property. Ms. Simms stated si the utilities were not active but were scheduled to be removed from the property. Commissioner Hay asked if the completion date of October 15, 2018 was sufficient. Ms. Simms stated yes. A conversation ensued between Ms. Simms, the City Commission and Ms. Driscoll regarding the property and the next steps. There being no further comments the public hearing was closed. 18-0271 Moved by Commissioner Davis, seconded by Commissioner Hay, to adopt Resolution No. 18-7570 finding that the structure at 924 N. 3rd 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, 2018 within which the repair or removal shall commence; and a date of October 15, 2018 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 Ryan opened the public hearing. Lauren Driscoll, Director of Community Sr Development Services, explained the condition of the structures located at 1819 N. 5th Street and the possible actions. Commissioner Hoppock asked if all of the vehicles and debris would be removed from the property along with the demolition of the buildings. Ms. Driscoll stated yes. Commissioner Davis asked if the property would be fenced off after the property was cleaned up and the buildings demolished. Ms. Driscoll stated staff had conversations on gating the property to keep the traffic from entering the property but stated fencing the property would be costly. Commissioner Hodges stated October 15, 2018 seemed to be a long time away to wait on the property and asked if a statutory minimum could be set for the property. Commissioner Davis asked if the commencement date was not met what would happen. Greg Bengtson, City Attorney, stated if no action was taken on the commencement date, staff could progress forward. Mr. Bengtson asked if staff would anticipate the item going back to the commission for action prior to demolition on the property. Ms. Driscoll stated if the commencement date passed and no action had been taken, staff would work with the city attorney to move forward with the process. There being no further comments the public hearing was closed. I18-0272 Moved by Commissioner Hodges, seconded by Commissioner Davis, to adopt Resolution No. 18- 7571 finding that the structure at 1819 N. 5th 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 Nee 2 ,August 1, 2018 within which the repair or removal shall commence; and a date of October 15, 2018 I 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 Ryan opened the public hearing. E Lauren Driscoll, Director of Community & Development Services, explained the condition y of the structures located at 2410 N. 9th Street and the possible actions. - There being no further comments the public hearing was closed. s 18-023 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to adopt Resolution No. 18- 7572 finding that the structure at 2410 N. 9th 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, 2018 within which the repair or removal shall commence; and a date of October 15, 2018 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 Ryan opened the public hearing. Lauren Driscoll, Director of Community & Development Services, explained the condition of the structures located at 245 Baker and the possible actions. Commissioner Hay provided his thoughts on the condition of the structure and noticed children around the property. 111 There being no further comments the public hearing was closed. 18-0274 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to adopt Resolution No. 18-7573 finding that the structure at 245 Baker 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, 2018 within which the repair or removal shall commence; and a date of October 15, 2018 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 Ryan opened the public hearing. Lauren Driscoll, Director of Community & Development Services, explained the condition of the structures located at 540 W. Iron and the possible actions. Mark Booher, property owner, stated due to medical and financial problems the situation occurred. He continued by stating he was a licensed contractor and would be performing I the work but could not complete the work by the completion date of October 15, 2018. He also stated he was actively trying to sell the property. Commissioner Davis asked if the property was sold between now and October 15, 2018 would the conditions follow the property. Jason Gage, City Manager, stated the conditions to repair the property could follow the property. He also stated the repairs to the property would be significant. Commissioner Hay asked what the property owner would need to do by October 15, 2018. Ms. Driscoll stated the violation notice would provide the property owner the information needed to get the property off the dangerous structure list. Commissioner Davis asked what the property owner's intent was on the repairs of the property. Mr. Booher stated he intended to pull a permit for the replacement of the roof Page 3 first then work on the siding of the property. He also stated he would be installing a handrail on the stairs. A conversation ensued between the Commission and Mr. Booher regarding the condition Jain of the property and repairs needed. a There being no further comments the public hearing was closed. 18-02125 Moved by Commissioner Hodges, seconded by Commissioner Davis, to adopt Resolution No. 18- 7574 finding that the structure at 540 W. Iron 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, 2018 8 within which the repair or removal shall commence; and a date of October 15, 2018 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 Ryan opened the public hearing. Lauren Driscoll, Director of Community & Development Services, explained the condition of the structures located at 706 W. Iron and the possible actions. Robert Kiser, property owner, provided information on the current condition of the property and his intentions for the property. He also stated he did not need the problem and stated the City of Salina could have the property. Mayor Ryan asked if the property owner could pass the property to the City of Salina and how much the demolition would cost. Ms. Driscoll stated if nothing was done by October 15, 2018, staff would move forward with demolishing the property and assessing the cost to the property taxes if it was not paid. Mr. Kiser provided additional information on the condition of the property. Ms. Driscoll stated staff was willing to work with Mr. Kiser on the options for either repair or demolition of the property. There being no further comments the public hearing was closed. 18-0276 Moved by Commissioner Hay, seconded by Commissioner Davis, to adopt Resolution No. 18-7575 finding that the structure at 706 IN. Iron 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, 2018 within which the repair or removal shall commence; and a date of October 15, 2018 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 Ryan opened the public hearing. Lauren Driscoll, Director of Community & Development Services, explained the condition of the structures located at 439 S. Phillips and the possible actions. Pat Hoskins, neighbor of the property, asked where the liability was on the shared drive situation. Greg Bengtson, City Attorney, stated the photograph of the shared drive would be proof enough. Ms. Driscoll stated staff would make note in the file of the shared drive. Commissioner Davis asked what the violations were in April 2016. Ms. Driscoll stated the violations would have been for structural issues on the property. There being no further comments the public hearing was closed. Page 4 118-0277 Moved by Commissioner Davis, seconded by Commissioner Hodges, to adopt Resolution No. 18- 7576 finding that the structure at 439 S. Phillips 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, 2018 within which the repair or removal shall commence; and a date of October 15, 2018 within which the repair or removal shall be completed; and authorizing staff to proceed with the w demolition or repair if the owner(s) fail to comply. Aye: (5). Nay: (0). Motion carried. Mayor Rvan opened the public hearing. Lauren Driscoll, Director of Community & Development Services, explained the condition 0 of the structures located at 425 Russell and the possible actions. Commissioner Hoppock stated a pending permit application was noted and asked if staff had additional information on the pending application. Sue Cline, Development Services Supervisor, stated there were additional questions by staff regarding the permit applied for and staff had not heard from the property owner with additional information. There being no further comments the public hearing was closed. 18-0278 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Resolution No. 18- 7577 finding that the structure at 425 Russell 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, 2018 within which the repair or removal shall commence; and a date of October 15, 2018 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 Hoppock asked if the City of Salina had to repair or demolish the property would the expense be added to the tax rolls for the property. Ms. Driscoll stated yes, the property owner would have thirty (30) days to pay the bill and if it remained unpaid the cost would be added to the property taxes for the property. CONSENT AGENDA (6.1) Approve the minutes of July 9, 2018. 18-0279 Moved by Commissioner Hay, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 18-10949 changing the zoning district classification from R-1 (Single-Family Residential) to C-5 (Service Commercial) on property addressed as 1038 Johnstown Avenue. Mayor Ryan noted that Ordinance No. 18-10949 was passed on first reading on June 25, 2018. 18-0280 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Ordinance No. 18- 10949 changing the zoning district classification from R-1 (Single-Family Residential) to C-5 (Service Commercial) on property addressed as 1038 Johnstown Avenue on second reading. A roll call vote was taken. Aye: (5) Davis, Hay, Hodges, Hoppock, Ryan. Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. Page 5 OTHER BUSINESS Commissioner Hay wanted to thank staff for a great first day opening of the recycling center. 2 Commissioner Hay provided his thoughts on the recycling center not accepting plastic w grocery sacks and asked staff to look and report back on a ban on plastic grocery sacks. The Commission reached a consensus for staff to look at the item. N Commissioner Davis stated the recycling center did not accept shredded paper and asked if s there was a way to determine the resource for disposing of shredded paper. Jason Gage, 8 City Manager, asked staff if the recycling facility did not accept shredded paper. Jim Kowach, Director of Public Works, stated the facility the City of Salina uses did not accept shredded paper. A conversation continued to ensue between Mr. Kowach and the Commission regarding collection of shredded paper and other recycling items. Commissioner Hodges thanked city staff for providing a copy of the shared vision and strategic plan and stated she would forward the information on to the Commission along with her concerns to determine the goals that need to be accomplished prior to Mr. Gage's departure. ADJOURNMENT 18-0281 Moved by Commissioner Davis, seconded by Commissioner Hodges, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:27p.m. 'KJ? , [SEAL] Karl F. Ryan, Mayor ATTEST: ''ry/' ez ;lam Shandi Wicks,CMC,City Clerk I • Page 6