City Council

MISSION HILLS CITY COUNCIL AGENDA Special Meeting of the Council January 4, 2019 CALL TO ORDER COUNCIL MEETING – 12 P.M. 1 OLD BUSINESS A. Resolution 2019 – A: A resolution establishing a hearing date to determine if the structure located at 5700 State Line Road, Mission Hills, Kansas, should be condemned and ordered repaired or demolished pursuant to K.S.A. 12-1750 Et seq. and Section 5-301 Et seq. of the Code of Ordinances of the City of Mission Hills, Kansas *The following item(s) of business have been previously discussed by the Council in sufficient detail, or are of such a routine and recurring nature that further discussion is usually not anticipated before approval. If such is the case, the entire Consent Agenda can be approved with a single motion and vote. If, however, any member of the governing body or any member of the audience wishes further discussion on any item, the Council may remove the item from the Consent Agenda and place it for discussion under New Business. 1. OLD BUSINESS Resolution 2019 – A: 5700 State Line Road – Unsafe and Dangerous Structure; Setting Hearing Date Background The house at 5700 State Line Road has been in decline for several years. The City Building Inspector and Assistant City Administrator have visited the home on multiple occasions to document the condition of the structure. Most recently, the Building Inspector, Steve Crull, visited the property on Monday, December 3 and determined that the house is an unsafe and dangerous structure. The City has an ordinance that addresses structures in this condition. Ordinance section 5‐302 outlines nine minimum standards that all structures in the City must meet. The house at 5700 State Line Road is in violation of all nine standards. Mr. Crull’s report and photographs are attached for your reference. Update Following the December 10th Council meeting, staff sent the Jacobsen’s a letter asking them to demolish or repair the home by January 2, 2019. Staff met with Mr. Jacobsen on Thursday, Dec. 13 to discuss the City’s request for repairs or demolition by January 2, 2019. Mr. Jacobsen indicated they were planning to demo the house on March 1, 2019, as they hope to have new plans to submit for the new home they are proposing for the lot by February 1, 2019. Staff explained that we would continue to follow the formal process of declaring the structure unsafe and dangerous and Mr. Jacobsen said he understood and perhaps the timing will work out well. Staff explained the Council’s special meeting on January 4, 2019, and next steps. Next Steps The City Attorney’s draft resolution and an outline of the unsafe and dangerous structure process are attached for your reference. On today’s agenda for the Council’s consideration is a resolution that would set a hearing date for determining whether the structure at 5700 State Line Road will be declared unsafe and dangerous and whether the cost of the necessary repairs is greater than 50% of the fair market value. By ordinance, before the hearing can be scheduled the resolution must be published for two consecutive weeks and the earliest a hearing may be scheduled is 30 days after the second publication. The first possible hearing date is Friday, February 15, 2019. The Council may schedule the hearing for this date, a different date or wait until the next Council meeting on Monday, March 4, 2019. At the hearing, the Council will hear evidence from the owners and the City and make a determination regarding repair of the property versus demolition.  RESOLUTION NO. 2019-A A RESOLUTION ESTABLISHING A HEARING DATE TO DETERMINE IF THE STRUCTURE LOCATED AT 5700 STATE LINE ROAD, MISSION HILLS, KANSAS, SHOULD BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED PURSUANT TO K.S.A 12-1750 ET SEQ. AND SECTION 5-301 ET SEQ. OF THE CODE OF ORDINANCES OF THE CITY OF MISSION HILLS, KANSAS WHEREAS, pursuant to K.S.A. 12-1752 and Section 5-303.A of the Code of Ordinances of the City of Mission Hills, Kansas (the "Code"), the City Administrator has filed with the City Council a statement in writing that the residential structure located at 5700 State Line Road, Mission Hills, Kansas (the "Property") is unsafe and dangerous; WHEREAS, the Johnson County Parcel ID of the Property is LP54000006 0004 and the legal description of the Property (as determined by the Johnson County Appraiser) is RESURVEY OF PART OF BLOCK 6 OF MISSION HILLS LT 4 EX S 20'& EX BG NW CR S ALG WLY/L 30' & 54.4' N TO POB MHC 115A; WHEREAS, the Property is currently vacant and unoccupied; WHEREAS, pursuant to K.S.A. 12-1752 and Section 5-303.A of the Code, the City Council has determined that it is appropriate to set the matter for hearing so that the owner, owner’s agent, any lienholders of record and any occupant of the Property may appear and show cause why the structure on the Property should not be condemned and ordered repaired or demolished in the event the City Council finds the structure to be unsafe or dangerous. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MISSION HILLS, KANSAS: 1. Pursuant to K.S.A. 12-1752 and Section 5-303.A of the Code, the City Council will conduct a hearing on February 15, 2019 in Council chambers at Mission Hills City Hall, 6300 State Line Road, Mission Hills, Kansas, beginning at __________ [a.m./p.m.], at which the owner, the owner's agent, any lienholders of record and any occupant of the Property may appear and show cause why the structure on the Property should not be condemned and ordered repaired or demolished as an unsafe and dangerous structure. 2. Pursuant to K.S.A. 12-1752 and Section 5-303.A of the Code, this Resolution shall be published in The Legal Record once each week for two (2) consecutive weeks on the same day of each week, and at least thirty (30) days shall elapse between the last publication and the hearing date. A copy of this Resolution shall be mailed by certified mail within three (3) days after its first publication in The Legal Record to each owner, agent, lienholder and occupant of the Property at the last known address and shall be marked "Deliver to Addressee Only." 3. The Mayor, City Administrator, City Clerk, and other officials and employees of the City, including counsel, are hereby further authorized and directed to take such other actions as may be appropriate or desirable to accomplish the purposes of this Resolution. DB02/0739369.0001/10038367.1  ADOPTED BY THE CITY COUNCIL OF THE CITY OF MISSION HILLS, KANSAS THIS 4TH DAY OF JANUARY, 2019, AND APPROVED BY THE MAYOR. David W. Dickey, Mayor ATTEST: Meghan Woolbright, Deputy City Clerk APPROVED AS TO FORM: Anna M. Krstulic, City Attorney DB02/0739369.0001/10038367.1