01-25-2010 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
January 25, 2010
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session for an Airport Industrial Infrastructure
Improvements discussion. The Regular Meeting of the Board of Commissioners was called to order at
4:00 p.m. in Room 107, City -County Building. A roll call was taken followed by the Pledge of
Allegiance and a moment of silence.
There were present:
Mayor M. Luci Larson, Chairman presiding
Commissioner Samantha Angell
Commissioner Tom Arpke
Commissioner Norman Jennings
comprising a quorum of the Board, also present:
Jason A. Gage, City Manager
Greg Bengtson, City Attorney
Lieu Ann Elsey, City Clerk
Absent: Commissioner Aaron Peck
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) Presentation of plaques of appreciation to outgoing employee council members.
Natalie Fischer, Director of Human Resources, explained the role of the employee council.
Mayor Larson presented plaques to Cindy Beneke, Trapper Buettgenbach, and Dennis Arnold. Rita
Stevenson and Tommy Highsmith were not present.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing and report on Petition No. 4321, filed by Roberta Kaufinan, requesting
closure and vacation of Cypress Drive from Willow Drive on the west to Commanche Avenue on the
east in the Replat of Edgemere Addition.
(5.1a) First reading Ordinance No. 09-10525.
Mayor Larson opened the.public hearing.
Dean Andrew, Director of Planning, explained the previous vacations of Cypress Drive,
property ownership, request, extension of Birch Drive, proposed site plan, citizens' concerns of the
vacation, and the Planning Commission's recommendation and conditions for approval.
Michael Schrage, Deputy City Manager, summarized citizens' concerns of traffic flow, and
the possible future housing development in this area.
Mr. Andrew then summarized the lot dimensions affected and in -fill development. He also
responded to Commissioner Angell's questions regarding the turn around on Cypress, use of the Hickory
Hut's parking lot, notices sent, and number of citizens present at the Planning Commission meeting.
A discussion followed between Commissioner Jennings, Mr. Andrew, and Mayor Larson
regarding the easements in the plat, placement of sidewalks, improvements made, and use of
barricades or hammer heads to close Cypress Drive, and the expansion of the Birch Drive. Mr.
Andrew clarified that the cost of the improvements would be the responsibility of the developer.
Mr. Andrew then responded to City Manager Jason Gage's questions regarding future
development, buffering, and restoration of the property if second reading did not occur. Mr. Gage
commented on the lot dimension, and the need for some type of restoration agreement to be in place.
Mayor Larson shared Mr. Gage's concerns. A discussion followed then between Mr. Gage, Mr.
Andrew, 'Mayor Larson, Mr. Schrage, Commissioner Jennings, and City Attorney Greg Bengtson
regarding second reading of the ordinance, restoration of the property, conditions for second reading,
possible development agreement, and placing a deadline on the vacation request.
Jeff Maes, ComPro Realty (representing the applicant), noted that the applicant agreed with
the Planning Commission's conditions. He then responded to Mayor Larson's question regarding the
expansion of Birch Drive, lot depth, and project timeline.
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Sue Herman, 741 Willow Drive, expressed her opposition of the vacation, zoning of the
property, and pedestrian walk ways. Ms. Herman continued to express her concerns that the proposed
pedestrian easement would not be maintained and traffic congestion.
Don Marrs, representing the owners of the Hickory Hut, commented on the current lot
depth. Mr. Marrs explained the concerns of the owners, subdivision guidelines, and providing a turn
W around. Mr. Marrs then responded to Mayor Larson's question regarding future business expansion,
oadditional parking, concerns with park use, and buffering.
Additional discussions followed between Mayor Larson, Mr. Marrs, Mr. Gage,
Commissioner Jennings regarding buffering, intersection of Cypress and Commanche Drive, parking,
traffic flow, and installation of a hammer head turn around.
Allen Casper, 727 Willow Drive, commented on the existing businesses in the area,
easement access, traffic flow, and his opposition of the vacation.
Mr. Gage responded to Commissioner Angell's question regarding buffering of Jerry Ivey Park.
Cindy Shrole, 17 Crestview, expressed concerns regarding pedestrian traffic, use of
Cypress Drive, and need to support local businesses. Ms. Shrole then responded to Commissioner
Angell's question regarding property lease.
Rod Bradshaw, 17 Crestview, commented on his rental lease on the property.
Ryan Bradshaw, 711 W. Ash, commented on the current and future leasing of the property.
Mr. Bradshaw expressed his opposition of the request, future interest in the property, development of
the area, use of the street as a buffer, generation of revenue, and job creation.
Ryan Bradshaw and Rod Bradshaw responded to Commissioner Angell's questions
regarding purchasing of the property and future development.
Mr. Marrs noted the semi -truck traffic and the use of parking on Cypress.
Commissioner Angell requested that Mr. Andrew clarify the subdivision regulations
regarding dead end streets. Mr. Andrew responded that this is a pre-existing condition and new
development requirement of a cul-de-sac. Mr. Andrew answered Commissioner Jennings' question on
parking requirements.
A discussion followed between Mr. Maes, Commissioner Jennings, Mayor Larson, and Mr.
Gage'regarding the future development, leasing of the property, and property owner wishes:
Mr. Bengtson clarified the City Commission's role in the request.
Mr. Bradshaw commented on the lease agreement between the landlord and tenant.
There being no further comments, the public hearing was closed.
Commissioner Jennings expressed his concerns of the east side left undeveloped.
A discussion followed between Mr. Gage, Commissioner Jennings, Mayor Larson, Mr.
Gage and Commissioner Angell regarding placement of a time limit between first and second reading.
Mayor Larson commented on traffic flow, improvements, and the future development. She
noted that she felt that the vacation would not increase traffic flow and supports the 12 -month deadline.
Commissioner Jennings encouraged citizens to provide input on issues. He also
commented on traffic flow.
Commissioner Arpke commented on the zoning change, the need to support local
businesses and expanding the existing businesses and his opposition of the request.
10-000 Moved by Commissioner Jennings to adopt Ordinance No. 09-10525 to extend Birch Street
through to Crawford and vacate. Cypress Street on the west to Willow with a one year time limit for
second reading of the ordinance. Motion died due to lack of second.
Moved by Commissioner Angell, seconded by Mayor Larson to adopt Ordinance No. 09-
10525 on first reading with a one year time limit for second reading. Aye: (2). Nay: (2) Arpke,
Jennings. Motion failed.
Moved by Commissioner Jennings, seconded by Commissioner Angell, to pass Ordinance
No. 09-10525 on first reading vacating Cypress Drive with a 12 month time limit on meeting the
conditions for development of the west and east sides of Birch Drive.
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A discussion followed between the Commission, Mr. Gage, Mr. Bengtson, Mr. Maes, and
Mr. Schrage regarding development to the east and west of the Birch, one year deadline, expansion of
Birch, use of Cypress until second reading, property deterioration, and site plan approval.
Moved by Commissioner Arpke, seconded by Commissioner Jennings, to recess into
executive session for ten 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 6:30 p.m. Aye: (4). Nay: (0).
Motion carried.
Moved by Commissioner Angell, seconded by Commissioner Jennings, to extend the
current executive session for additional 10 minutes and reconvene at 6:42 p.m. Aye: (4). Nay: (0).
Motion carried.
The City Commission reconvened at 6:46 p.m.
Mr. Bengtson explained the use of executive sessions.
Commissioner Jennings withdrew his motion.
Moved by Commissioner Angell, seconded by Commissioner Jennings, to reconsider
Ordinance 09-10525 on first reading. Aye: (3). Nay: (1) Arpke. Motion carried.
A discussion followed between Commissioner Angell, Commissioner Jennings, Mayor
Larson, and Mr. Gage regarding the extension of Birch Drive, separation of the vacation requests, use
of a development agreement, and filing of petitions.
Moved Commissioner Angell, seconded by Commissioner Jennings, to pass Ordinance No.
09-10525 with the conditions outlined by the Planning Commission and adding an additional
condition that a mutual development agreement needs to be in place on the property owned by the
petitioner prior to second reading of the ordinance. Aye: (3). Nay: (1) Arpke. Motion carried.
Mayor Larson requested a five minute recess and reconvene at 7:00 p.m.
The City Commission reconvened at 7:00 p.m.
CONSENT AGENDA
(6.1) Approve the minutes of January 11, 2010.
(6.2) Acceptance of public drainage easement dedication on Block 9 of the Key Acres Addition.
(6.3) Acknowledge receipt of the special law enforcement trust fund report.
Moved by Commissioner Jennings, seconded by Commissioner Arpke, to approve the
consent agenda as presented. Aye: (4). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Resolution No. 10-6700 adopting the Community Improvement District (CID) Policy.
Jason Gage, City Manager, explained the CID Act and proposed policy.
Dennis Lauver, Chamber of Commerce Director, commented on the proposed policy.
Moved by Commissioner Angell, seconded by Commissioner Arpke, to adopt Resolution
No. 10-6700. Aye: (4). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Authorization to submit the Municipal Water Conservation Plan as revised January 2010 to
the Kansas Water Office and the Division of Water Resources for approval.
Martha Tasker, Director of Utilities, explained the plan and revisions.
A discussion followed between Mayor Larson and Ms: Tasker regarding regulating private
wells, registration of private wells, and community input on the revisions.
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10-001.
Ms. Tasker responded to Commissioner Jennings' and Mayor Larson's questions regarding
the water flow during the last drought, outdoor watering, and washing of vehicles. Commissioner
Arpke requested clarification on the restrictions on food watering. Ms. Tasker explained that hand
watering was allowed.
Larry Carter, 2945 Tasker Lane, expressed his oppositions of regulating private wells and
felt that existing wells should be grandfathered in.
J.T. Davis, 332 N. Oakdale, expressed his oppositions of regulating private wells and
suggested having regulations on the installation of high -efficiency watering. systems.
A discussion followed between Commissioner Jennings, Commissioner Angell, Ms.
Tasker, and Mr. Gage regarding hand watering of gardens, drip irrigation, and regulations of water at
governmental facilities.
Moved by Commissioner Arpke, seconded by Commissioner Angell, to authorize the
submittal of the Municipal Water Conservation Plan to the Kansas Water Office and the Division of
Water Resources for approval. Aye: (4). Nay: (0). Motion carried.
(8.2) Certification of final cost for 2009 Special Assessment Projects and setting the date of
public hearing..
(8.2a) First reading Ordinance No. 10-10531 levying special assessments for
improvements.
Dan Stack, City Engineer, explained the assessment process and final costs.
10-001 Moved by Commissioner Angell, seconded by Commissioner Jennings, to set February 22,
2010 as the date of public hearing and pass Ordinance No. 10-10531 on first reading. Aye: (4). Nay:
(0). Motion carried.
10-001 Moved by Commissioner Arpke, seconded by Commissioner Jennings, to recess into
executive session for 20 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 7:55 p.m. Aye: (4). Nay: (0).
Motion carried.
The City Commission reconvened at 8:30 p.m. No action was taken.
OTHER BUSINESS
None.
ADJOURNMENT
10-00V Moved by Commissioner Angell, seconded by Commissioner Arpke, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The
meeting adjourned at 8:30 p.m.
[SEAL]
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Lieu Ann Elsey, CMC, Ci Jerk
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