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05-21-2001 MinutesCommission Action # C—AlIld.�,1a 01-2895 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS May 21, 2001 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for a Municipal Court Project Briefing and Swimming Pool Regulation 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 Kristin M. Seaton, Chairman presiding Commissioner Larry L. Mathews Commissioner Deborah P. Divine Commissioner Alan E. Jilka Commissioner Monte D. Shadwick comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Lieu Ann Nicola, City Clerk None None. None. CITIZEN FORUM AWARDS - PROCLAMATIONS PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of May 14, 2001. (6.2) Resolution No. 01-5716 authorizing an agreement with Justin Rogers to obtain a ten (10) foot by sixty-five (65) foot access easement to Well No. 5 on Bond Street. (6.3) Resolution No. 01-5717 authorizing Agreement No. 116-01 with the Kansas Department of Transportation for proposed improvements to Interstate 70 adjacent to the Salina City limits. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) First reading Ordinance No. 01-10033 amending Section 42-69 of the Salina Code pertaining to Communication Tower regulations. Dean Andrew, Director of Planning and Community Development, explained that concerns were raised when a proposal was received to place a wireless communication tower on the southern portion of Roselawn Cemetery on East Crawford. The property was zoned as RS (Residential Suburban) which does not allow the placement of commercial towers. A moratorium was Commission Action # ca�soneaiee sacra , _. placed on the construction of any new towers pending research and a study of current ordinances. A staff team consisting of the City Manager, City Attorney, Assistant City Manager, and Planning Director researched on what was being done in other communities and technological changes that occurred in the industry. Mr. Andrew explained the goals they wanted to accomplish and how the approach came about. He also explained the classes of permits. Dennis Kissinger, City Manager, stated that he was pleased with the approach and believed this would accomplish the City's and industry's goals. Mr. Andrew clarified the areas that were identified as sensitive location areas. He also informed the City Commission that this approach was presented to the Planning Commission on May 15'h and the Planning Commission recommended adoption as proposed. Commissioner Shadwick questioned how many permits the City foresaw in the next couple of years. Mr. Andew stated he hoped this approach would strongly encourage good location. He continued to explain that towers are expensive, usually not the first choice, and repeaters towers would be placed for capacity purposes. He suspected that there would be no more than one or two large towers over the next five years. Commissioner Divine questioned the language under Section D — Locational Preferences. Mr. Andrew stated that some introductory language would be placed for clarification. Commissioner Divine questioned whether or not the terms service area and geographic search area were interchangeable. Mr. Andrew explained that the terms were not interchangeable and the difference between the terms. Commissioner Divine questioned what would happen when there are changes from first reading to second reading on ordinances. Mr. Kissinger explained if the second reading is published and the changes are pointed out it would be fine. This also allows for seeking comments from individuals. He also commented on a possibility of a future land lease for a large tower site. Commissioner Jilka questioned if it is staff's feeling that these towers would be around for a period of time or if satellite technology might replace them. Mr. Andrew felt that there was not enough of a trend to indicate the replacement. He also explained the provisions that were added into the ordinance regarding abandoned towers. Mr. Kissinger commented that he was at a telecommunications meeting and the question regarding satellites was addressed in the opposite manner. 01-2896 Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt Ordinance No. 01-10033 on first reading. Aye: (5). Nay: (0). Motion carried. (7.2) Application #ZO1-4, filed by Ryan Hellmer, requesting a change in zoning district classification from R-1 (Single -Family Residential) to R-2 (Multi -Family Residential) on property legally described as Lots 14 & 16, Block 6 in Bond's Addition (aka 724 & 728 S. Front). Dean Andrew, Director of Planning and Community Development, explained the application. He continued to explain that the Morrison House is planning on expanding at their existing location, which would include the removal of the two duplex structures that are presently located at 501-503 S. 8"'. Commission Action # 01-289 1 Mr. Andrew informed the City Commission that the Planning Commission reviewed the application on May 15 and had no comments from surrounding neighborhoods or property owners. The Planning Commission voted unanimously to recommend approval of the applicant's request. Bob Wasco, representing Rick Hellmer, commented that he believed this to be fairly sound situation and the rezoning should be allowed. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to approve application #ZO1-4 requesting a change in zoning district classification from R-1 to R-2 on the property legally described as Lots 14 & 16, Block 6 in Bond's Addition. Aye: (5). Nay: (0). Motion carried. (7.2a) First reading Ordinance No. 01-10034. Moved by Commissioner Mathews, seconded by Commissioner Divine, to adopt Ordinance No. 01-10034 on first reading to change zoning district classification from R-1 to R-2 on the property legally described as Lots 14 & 16, Block 6 in Bond's Addition (aka 724 & 728 S. Front Street). Aye: (5). Nay: (0). Motion carried. (7.3) Application #ZO1-5, filed by Foley Equipment Company, requesting a change in zoning district classification from Saline County AG (Agricultural) and BC (Business Commercial) to I-2 (Light Industrial) and PC -7 (Planned Highway Commercial) for a 19.08 acre tract on the west side of North Ohio Street South of I-70. Dean Andrew, Director of Planning and Community Development, explained the application. He informed the City Commission that the applicant has a contract to purchase this property and will be requesting annexation into the City limits. He explained the applicant's plans to construct a new facility and that the applicant submitted a site plan that was not part of the applicant's rezoning request and is only conceptual. He then explained the C-7 and I-2 Districts. Mr. Andrew explained the current development of the area and City Staff s concerns with the I-2 zoning. He also informed the City Commission that the Planning Commission conducted a public hearing on the applicant's request on May 1, 2001. The Planning Commission was presented with five alternatives and voted unanimously to recommend approval to I-2 zoning for Lot One and Planned C-7 zoning for Lots Two and Three subject to satisfactory platting of the property and subject to conditions related to development of Lots Two and Three. Also the Planning Commission approved a preliminary plat of the Foley Development Addition which divided this tract into three lots, set aside a drainage easement for a detention pond in Lot One, and provided two access points on Ohio. Dennis Kissinger, City Manager, explained that the City believes that the applicant has intentions of providing a positive business move into the corridor, but needs I-2 zoning. Planning Staff believes that the applicant could accomplish their goals, as well help the city accomplish their goals with C-6 zoning. Commissioner Shadwick questioned if there was a feeling of setting a precedent for I-2 by accepting the back lot. Mr. Andrew did not believe that this would be setting a precedent for the frontage lots, but might be setting a precedent for future I-2 use and the tone for the corridor. Commissioner Shadwick questioned if I-2 zoning could be limited to this applicant. Mr. Andrew was not aware of any method. Greg Bengtson, City Attorney, stated that he was not aware of any method. Mr. Kissinger, explained that this was part of Staff s dilemma. Staff believes that there are some I-2 uses that will not meet the City Commission's goals. Commissioner Shadwick questioned how often I-2 is approved. Commission Action # Mr. Andrew explained there are areas in the City that are set aside with I-2 zoning. Mr. Kissinger stated that City Staff could pursue getting utilities in this area and because of the limited finite resources of the interstate interchange, certain types of uses would get taxpayers a better pay back. He also commented that if the volunteered landscaping, paved parking, etc. does not happen, we might be left in a less desirable situation with less pay back. Mr. Andrew clarified that only the activity of a manufacturing facility or manufacturing parts for other facilities would not be allowed under C-6. Commissioner Divine question on the time frame for the corridor and utilities. Mr. Kissinger stated that the timelines could run concurrently. The utilities timeline is unknown, because KDOT is looking at a variety of plans for what the State is wanting to do with the interstate area. The City could possibly expedite a master plan or overlay district process over the next few months. Commissioner Divine expressed that it was important to recognize that one of the goals for Salina is to have presentable entryways. Commissioner Mathews expressed concerns regarding the I-2 zoning in the entryways. He questioned whether Foley Tractor could continue to operate under C-6 as they presently do. Mr. Kissinger explained that if C-6 does not meet the applicant's needs then the next option would be to proceed with the master planning with a potential overlay district. Bill Moody, Foley Equipment Company, stated that in a letter that was sent to Mr. Morgan the uses that were in I-2 and not C-6 were pointed out. The company understands the City wanting to maintain control of the entryways, but C-6 does not meet the company's needs. Mr. Moody proposed to allow the company to operate under I-2 with some restrictions because of the location. Commissioner Mathews questioned the difference between C-6 and C-7. Mr. Anderew explained that C-6 is heavy commercial district, C-7 is a restricted zone mainly consisting of things that serve the traveling public. The front outlots should be C-7 for some future highway development, the applicant is requesting I-2 for the rear lot. Commissioner Mathews asked if Foley Equipment Company is violating their present zoning of C-6. Mr. Moody explained that they were not out of compliance because many operations are being done out of the Wichita office. They need to move from the current Salina location with the zoning change so the company can expand. Mr. Andrew stated that the Wichita facility is zoned as light industrial. Commissioner Mathews questioned if restrictions could be placed on I-2 zoning. Mr. Andrew explained that currently there is not a planned industrial district. The solutions would be to create a separate district requiring a site plan or take up an overlay district. This would allow the City Commission to take uses that would normally be allowed in I-2 zoning and eliminate certain uses. Commissioner Mathews questioned whether the new zone would apply to future applicants as well. Mr. Andrews stated once the plan is in place it would apply to the future of the corridor. Mr. Kissinger explained that the City Commission does not have the ability to attach these restrictions to the ordinance and create a set of conditions even if voluntarily by the applicant. Commission Action # �o�odaedsa�, Mayor Seaton asked if the applicant was approached about submitting under a planned development district. Mr. Andrews stated that the applicant was not approached, but this was discussed in the Planning Commission meeting. It was hoped that C-6 would work out for the applicant. Mayor Seaton asked if an overlay was prepared on the North Ohio corridor would it meet the needs. Mr. Andrew explained that by amending the application and being sure there is a site plan that is ready to be incorporated it would meet the needs. Mayor Seaton commented that this is a strong application that has triggered some planning work. There is a need for some committed on the time frame for the preparation of the overlay plan. Mr. Andrew believed that the earliest that utilities could be in place would be April 2002 and an overlay district would be in place before the end of this year. Commissioner Mathews questioned if the overlay district would fit in the Planning Commission's recommendation. Mr. Kissinger clarified that by approving I-2 as recommended by the Planning Commission and directing staff to begin immediately on an overlay district it would run concurrent the Planning Commission recommendation. Commissioner Divine questioned how the overlay district would satisfy the City's concerns regarding landscaping, etc. Mr. Kissinger explained that the ordinance would be opposing in all property owners in the area to concur with the overlay district guidelines. Commissioner Mathews asked Mr. Moody whether the company would be able to accept an overlay district. Mr. Moody commented that he believed that the company would be able to. Mayor Seaton questioned why the overlay district was not one of the recommendations presented. Mr. Kissinger explained that the five recommendations were presented to the Planning Commission and later there were discussions with staff to find other alternatives. Commissioner Mathews asked if the City Commission could send this back to the Planning Commission to consider an overlay proposal. Mr. Kissinger clarified that the City Commission could ask the Planning Commission to consider an overlay district or could direct staff to pursue the overlay district. Sheri Alkire, Property Owner, 5877 N. Bartley Road, commented that there is a contract between herself and Foley Equipment Company. She asked if it was necessary to wait until January and wanted to know if the City could put restrictions on the deed. Mr. Kissinger explained that the City Commission could not impose any restrictions on the deed. The City Commission was dealing with the zoning that would affect future property owners as well. Commissioner Jilka commented that because of the future of the overpass this was a good time to look at the corridors. 01-2899Moved by Commissioner Mathews, seconded by Commissioner Shadwick, to approve Application #ZO1-5 requesting I-2 zoning concurrent to the Planning Commission recommendation, Commission Action # 01-2 01-2901 01-2902 also directing City Staff to begin with the master plan process in leading to an overlay district. Aye: (5). Nay: (0). Motion carried. (7.3a) First reading Ordinance No. 01-10037. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve Ordinance No. 01-10037 on first reading. Aye: (5). Nay: (0). Motion carried. (7.4) Application #A01-1, filed by Foley Equipment Company, requesting annexation of a 19.08 acre tract located on the West side of North Ohio Street South of I-70 in unincorporated Saline County. Dean Andrew, Director of Planning and Community Development, explained the application and the City of Salina policy regarding extension of City utilities to serve residential and commercial development outside the city limits. He also explained the project of the installation of a water and sewer line, cost breakdown, and special assessments. Mr. Andrew explained that North Ohio Street is a county owned and maintained road adjacent to this tract and City Staff believes it would be appropriate to annex the Ohio Street right-of- way. The Planning Commission recommended the 19.08 acre tract and the adjacent Ohio Street right- of-way be annexed into the corporate limits of the city as this tract is contiguous to the existing city limits for Ohio Street. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve application #A01-1 and adopting Ordinance No. 01-10035 for annexation of 19.08 acre tract of land and the adjacent Ohio Street right-of-way. Aye: (5). Nay: (0). Motion carried. (7.5) First reading Ordinance No. 01-10036 amending the Comprehensive Plan of the City of Salina. Dean Andrew, Director of Planning and Development, explained the Primary/Secondary service areas may be extended in the Rural Service area. He informed the City Commission that the Planning Commission recommended amending the Comprehensive Plan by expanding the primary growth area and the Salina Service Area Map and further recommended that this area be designated as future Commercial and Retail on the Future Land Use Map. Commissioner Divine questioned whether the I-2 zoning adopted under Ordinance No. 01-10037 would need to be inserted into the Comprehensive Plan. Mr. Andrew clarified the motion should designate the area as future commercial and retail with the exception of the rear 16 acres of the tract shown as future light industrial. Commissioner Shadwick questioned if this amendment should be tabled until the master plan is completed. Mr. Andrew explained that if tabled, the decision on the proposed utility project would not be consistent. The City would be extending utilities into an area that was not committed as future growth or expansion area. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt Ordinance No. 01-10036 amending the Comprehensive Plan of the City of Salina and designating this area as future Commercial and Retail with the exception of the rear 16 acres, which will be designated as Light Industrial. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Resolution No. 01-5718 authorizing submittal of an application for a Continuum of Care grant for pass through funds from the U.S. Department of Housing and Urban Development. Dean Andrew, Director of Planning and Community Development, explained the grant application, the program, and the City of Salina's responsibilities. Commission Action # 01-2903 01-2904 cost. Mayor Seaton questioned if there would be an agreement on the actual administrative Mr. Andrew explained that there would be an agreement. Commissioner Mathews questioned if this was a coordination of existing programs and not an expansion of programs. housing. Bryan Anderson, Ashby House, 150 S. 8"', explained the program and transitional Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve Resolution No. 01-5718 authorizing submittal of an application for a Continuum of Care grant to act as a pass agency and recipient of funds from the U.S. Department of Housing and Urban Development. Aye: (5). Nay: (0). Motion carried. (8.2) Award of contracts for 2001 Vehicles and Equipment Plan, Phase 2. Jason Gage, Assistant City Manager, explained the bids that were received. The total cost for the purchases as recommend is $112,158.33, which is $34,841.67 less than estimated. City Staff recommends award of contracts as presented, with the exception of the %2 ton pickup truck to be used by the Water Customer Accounting Division, which is recommending re -bidding this item. Moved by Commissioner Divine, seconded by Commissioner Shadwick, to approve the requested 2001 Vehicle and Equipment Plan — Phase 2 purchases and authorize City Staff to reject and re -bid for % ton pickup for the Water Customer Accounting Division. Aye: (5). Nay: (0). Motion carried. (8.3) City Commissioner assignments to Citizen Boards and Commissions. Mayor Seaton announced that she will continue to serve on the Board of Health until at least July 2001. She has appointed Commissioner Shadwick to the Arts and Humanities Commission and the Law Enforcement Block Grant Advisory Committee, Commissioner Jilka to the North Central Regional Planning Commission, Commissioner Divine to the Convention and Tourism Committee, and Commissioner Mathews will continue to serve on the Building Authority Committee until at least July 2001 and has been appointed to the Education Sales Tax Oversight Committee. None. OTHER BUSINESS ADJOURNMENT 01-2905 Moved by Commissioner Divine, seconded by Commissioner Shadwick, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:47 p.m. stin M. Seaton, Mayor [SEAL] ATTEST: Lieu Ann Nicola, City Clerk