06-25-2001 MinutesCommission
Action #
01-2931
01-2932
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
June 25, 2001
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session to discuss Questions and Answers
and Discussion of Historic Preservation Ordinance and Policy issues. 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
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The day of July 4', 2001 as "Steve Ryan Day" in the City of Salina. The proclamation
was read by Roger Steinbrock, All-American 4t' Chairperson.
(4.2) Resolution No. 01-5721 expressing gratitude and appreciation to Dennis W. Scoville for
his employment with the City of Salina from January 1, 1970 to June 30, 2001.
Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve
Resolution No. 01-5721 expressing gratitude and appreciation to Dennis W. Scoville for his
employment with the City of Salina from January 1, 1970 to June 30, 2001. Aye: (5). Nay: (0).
Motion carried.
(4.3) Resolution No. 01-5722 expressing gratitude and appreciation to Nancy M. Paugh for her
employment with the City of Salina from February 1, 1973 to June 30, 2001.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, to approve
Resolution No. 01-5722 expressing gratitude and appreciation to Nancy M. Paugh for her employment
with the City of Salina from February 1, 1973 to June 30, 2001. Aye: (5). Nay: (0). Motion carried.
Nancy Paugh, Payroll Technician, expressed her appreciation for the opportunity and that
she has enjoyed her employment with the City of Salina
(4.4) APWA award recognition.
Mayor Seaton noted this item had been added to the agenda.
Dennis Kissinger, City Manager, explained the City of Salina had received an award from
the Kansas Chapter APWA on the Water Plant project.
Commission
Action #
.o�,o�daeasa�a
01-29331
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of June 18, 2001.
(6.2) Resolutions making technical corrections to prior Resolutions of Advisability and
Authorization.
(6.2a) Resolution No. 01-5728 amending Resolution No. 99-5533 for Eastview
Estates, Advisability and Authorization.
(6.2b) Resolution No. 01-5727 amending Resolution No. 99-5532, Georgetown
Advisability and Resolution No. 99-5539, Georgetown Authorization.
(6.3) Resolution No. 01-5729 setting a public hearing date of July 9, 2001 for the Marymount
Road project special assessment improvement district.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #ZO1-7, filed by Green Lantern, Inc., requesting a change in zoning district
classification from R-1 (Single -Family Residential District) to C-2 (Neighborhood Shopping District)
on property legally described as the East 73 feet of Lot 6, Block 3, Countryside Addition to the City
of Salina, Saline County, Kansas and addressed as 1009 Russell.
(7.1a) First reading Ordinance Number 01-10045.
Dean Andrew, Director of Planning and Community Development, explained the
application and the existing zoning. He also informed the City Commission that the Planning
Commission conducted a public hearing on the request on June 5, 2001. The Planning Commission
voted to recommend that the future land use map be amended to show this site as being suitable for
commercial development and be approved as a Planned C-2 district which would require a submittal
and approval of a site development and landscape plan prior to issuance of a building permit. The
Planning Commission expressed a desire to have an opportunity to review the actual development
plans for this site to address the site layout and the preservation of existing mature trees where
possible. Under the recommendation, site plan review would be deferred to the building permit stage
instead of being considered as part of the rezoning request.
Commissioner Divine questioned on what construction limits would be placed to
preserve the mature trees acting as a buffer.
Mr. Andrew clarified that preserving of the mature trees would be addressed by the
review of the site plan. Numerous trees would need to be removed, but the existing trees acting as a
buffer on the north would be left if possible. Primarily the trees that define the borders between the
residential and commercial areas would be left.
Commissioner Divine questioned if the site plan would show which trees would be left
and which ones would be cleared.
Mr. Andrew explained that it would show which existing trees would be removed and
which ones would be retained.
Commissioner Divine questioned if the blue line indicated the property line on the aerial
photo that was provided to the City Commissioners.
Mr. Andrew clarified that it represented the west property line, but was off set slightly
in photo.
Commission
Action #
01-29341
111 %rol
Brian Richardson, Green Lantern, Inc., commented that the company would be willing
to work with the City on landscaping requirements.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, to approve
application #ZO 1-7 and pass Ordinance No. O 1-10045 on first reading requesting a change in zoning
district classification from R-1 to C-2 to property legally described as the East 73 feet of Lot 6, Block
3, Countryside Addition to the City of Salina, Saline County, Kansas and addressed as 1009 Russell.
Aye: (5). Nay: (0). Motion carried.
(7.2) Application #POI -2/2A, filed by Green Lantern, Inc., requesting approval of a replat of
the Triplett Addition as part of the Countryside Addition to create two commercial building lots at the
northwest corner of Cloud and Ohio Streets.
Dean Andrew, Director of Planning and Community Development, explained the current
zoning that was passed, existing plat, and the application submitted. He informed the City
Commission that the Planning Commission considered this application at their June 5, 2001 meeting.
The Planning Commission voted to approve the request subject to conditions.
Commissioner Divine expressed concerns regarding the detention pond damaging the
roots of the existing trees.
Shawn O'Leary, Director of Engineering and General Services, clarified that the main
objective is to retain the trees when constructing the basin, which could mean slight adjustments of
the site plan.
Brian Richardson, Green Lantern, Inc., thanked City Staff for their time and efforts. He
also expressed the company's willingness to following the Planning Commission's restrictions.
Commissioner Divine questioned on other provisions that would be provided for natural
buffers if the trees where not able to be saved.
Mr. Andrew commented that the possibility of planting new trees or additional fencing
could be placed, but the goal is to keep the trees in place.
Moved by Commissioner Divine, seconded by Commissioner Mathews, to approve the
plat vacating a portion of Russell Avenue and accepting the offered cul-de-sac right-of-way and
easement dedications subject to conditions specified by the Planning Commission. Aye: (5). Nay:
(0). Motion carried.
(7.3) Application #ZO1-8, filed by Salina Regional Health Center, requesting a change in
zoning district classification from C-3 (Shopping Center District) and PC -3 (Planned Shopping Center
District) to C-4 (Central Business District) on property legally described as Lots 184, 186, and 188
on Fifth Street and the South 14.4 feet of Lot 181, and all of Lots 183, 185 and 187 on Santa Fe
Avenue, in the Original Town of Salina, Saline County, Kansas and addressed as 333 S. Santa Fe.
(7.3a) First reading Ordinance No. 01-10046.
Mayor Seaton excused herself from the forum due to conflict of interest.
Commissioner Mathews assumed the meeting.
Dean Andrew, Director Planning and Community Development, explained the application
and the difference between the C-3 and C-4 zonings. He also explained that the Planning Commission
conducted a public hearing on this rezoning request on June 5, 2001. The Commission voted to
recommend approval of Planned C-4 zoning and that a final site development and landscape plan be
submitted for review and approval prior to issuance of a building permit for the site.
Commissioner Mathews commented that he understood that the Planning Commission's
concerns with Planned C-4 was that the applicant would have to keep coming back to the commission
with minor adjustments to the plan.
Commission
Action #
01-293
Mr. Andrew clarified that at some point, the applicant would have plans in order to have
a building permit and at that point should not have any major deviations.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve application
#ZO1-8 and pass Ordinance No. 01-10046 on first reading requesting a change in zoning district
classification from C-3 to C-4 on property legally described as Lots 184, 186, and 188 on Fifth Street
and the South 14.4 feet of Lot 181, and all of Lots 183, 185 and 187 on Santa Fe Avenue, in the
Original Town of Salina, Saline County, Kansas and addressed as 333 S. Santa Fe. Aye: (4). Nay:
(0). Motion carried.
Mayor Seaton resumed the meeting.
(7.4) Request from McDonald's Corporation for a variance or exception to the parking
limitations in Sec. 42-554 of the City's Off -Street Parking Regulations to allow a proposed
McDonald's Restaurant at the southeast corner of Crawford and Ohio Streets to have 52 on-site parking
spaces even though the Salina Zoning Ordinance would require only 32 parking spaces.
Dean Andrew, Director of Planning and Community Development, explained the request,
Sec. 42-554 and the provision.
Mayor Seaton questioned if all decisions concerning this project have already been made
except for the request for additional parking.
Mr. Andrew explained that the reviewed site plan meets all criteria in order to obtain a
building permit and there are only a few of internal areas that needed to be completed.
Mayor Seaton questioned if Faith Drive was a road and persons are not cutting across the
parking lot when traveling through.
Mr. Andrew stated there is a private driveway and not appropriate to be used as a street.
Dennis Kissinger, City Manager, commented that this is a challenging traffic area, but
the applicant meets all standards.
Commissioner Mathews questioned locations of access points.
Shawn O'Leary, Director of Engineering and General Services, clarified that there would
be one access off of Crawford Street and one on Faith Drive. He also explained the McDonald's site
plan.
Commissioner Mathews questioned if it would be okay to turn left at the location.
Mr. O'Leary stated that it would be not acceptable for southbound Ohio Street traffic to
turn left onto Faith Drive. The City will use the signage method to handle traffic safety concerns.
Mr. Kissinger commented that this new development presents an opportunity with the
other property owners in the area to improve the current situation.
Commissioner Divine questioned if there was going to be a barrier between the East
Crawford Bistro and the McDonald's parking lot.
Mr. O'Leary clarified that it would be open with a narrow median.
Mr. Andrew noted that there would be raised curb.
Commissioner Divine questioned the distance between the McDonald's entrance and East
Crawford Bistro entrance.
Mr. O'Leary stated that it was determined to be 83 feet.
Mayor Seaton questioned whether the request had appeared before the Planning
Committee.
Commission
Action #
O1-29381
01-2939
01-2940
Mr. Andrew stated that because the request was not zoning or rezoning the area, this
could be handled with a building permit and administratively.
Pete Sorenson, McDonald's Corporation, commented on the easement between the East
Crawford Bistro and McDonald's. He also noted that the purpose of the location to serve the customers
on Ohio Street.
Commissioner Divine commented that there are critical traffic issues and concerned with
the access and safety.
Commissioner Jilka questioned if this request would establish any precedence in the
future.
Mr. O'Leary commented that they would be more concerned with much larger
developments of establishing a precedence and felt that this request would not.
Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve the
request from McDonald's Corporation for a variance or exception to the parking limitations in Sec.
42-554 of the City's Off -Street Parking Regulations to allow a proposed McDonald's Restaurant at
the southeast corner of Crawford and Ohio Streets to have 52 on-site parking spaces. Aye: (5). Nay:
(0). Motion carried.
(7.5) Municipal Court Project
(7.5a) Application #P93 -1B, filed by the City of Salina, requesting approval of a replat
of the Saline County Law Enforcement Center Addition to allow the vacation of North 10 Street
between Park and Elm Streets
Dean Andrew, Director of Planning and Community Development, explained the
application. He also explained that the Planning Commission considered the application at June 5,
2001 meeting and voted to approve the replat.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to approve the replat
of the Saline County Law Enforcement Center Addition to allow the vacation of North 10"' Street
between Park and Elm Streets. Aye: (5). Nay: (0). Motion carried.
(7.5b) Resolution No. 01-5725 authorizing an Interlocal Cooperation Agreement with
Saline County, which provides for the lease of vacated 10'h Street for the purpose of constructing a
building addition for Municipal Court services.
Jason Gage, Assistant City Manager, explained that the agreement provides permission
from Saline County to use the vacated portion of 10" Street for the building and site improvements
for a term of 66 years and for a one-time sum of $1.00. The agreement also outlines the City's
maintenance responsibilities and provides that the City remove the easternmost existing driveway
access to the Leisure Years Center along Elm Street and fully restore the area.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, to approve
Resolution No. 01-5725 authorizing an Interlocal Cooperation Agreement with Saline County, which
provides for the lease of vacated 10"' Street for the purpose of constructing a building addition for
Municipal Court services. Aye: (5). Nay: (0). Motion carried.
(7.5c) Resolution No. 01-5726 authorizing an agreement for architectural services with
Jones -Gillam Architects and Engineers, Inc. to provide design services for the Municipal Court
building addition project.
Jason Gage, Assistant City Manager, explained that the agreement with Jones -Gillam
would provide final architectural design services needed to produce detailed plans and specifications
for the project.
Commission
Action #
Lonsoiitlalld Sal",
01-2941
Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to approve
Resolution No. 01-5726 authorizing an agreement for architectural services with Jones -Gillam
Architects and Engineers, Inc. to provide design services for the Municipal Court building addition
project in the amount not to exceed $88,500. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
Mayor Seaton requested an agenda change and moved to item 8.5.
(8.5) Ordinance No. 01-10044 establishing a moratorium on new clubs, drinking
establishments and cereal malt beverage retailers (on -premise) or the expansion of existing ones in
the C-4 (Central Business) District.
Commissioner Shadwick excused himself from the meeting due to conflict of interest.
(8.5a) First reading Ordinance No. 01-10044.
Dennis Kissinger, City Manager, explained that in recent years the Salina's downtown
area has experienced change with the opening of some new drinking establishments. The investment
in and establishment of new businesses in the area has been welcomed, but new issues for downtown
Salina have arisen. The Board of Directors of the Salina Downtown, Inc./Business Improvement
District #1 discussed the concerns over the negative impact and changes that have been brought by
some additional drinking establishments. The Board authorized forming a task force to discuss the
problems and make recommendations to the Board, requested the City to strictly enforce all related
laws, including nuisance violations, and requested the City to institute a temporary moratorium on the
issuance of liquor licenses within the B.I.D. until recommendations are made and any actions
implemented. He also explained this item deals with the Board's recommendation of the institute of
a temporary moratorium.
Mr. Kissinger explained the City Staff review indicates a change in police calls in the
downtown area, and due to the characteristics of the C-4 Zoning District, the changes do tend to
impact other persons or properties more than similar drinking establishment related issues in other
zoning districts. He explained that City Staff believed a full review of zoning code involving alcohol
uses in the C-4 district is advisable, but public policy considerations should be fully considered by the
Planning Commission and City Commission.
Mr. Kissinger explained that a moratorium is not required to proceed with an ordinance
review or revision process, but an option. Staff does not have a recommendation on whether a
temporary moratorium should be enacted, and can proceed with or without.
Jim Ravenkamp, B.I.D. Chairperson, explained that this is a complex issue and wants
patrons to be more responsible. The downtown district wants to portray a safe environment and the
image is being tarnished. The B.I.D. Board is presently seeking a task force and the committee to
include bar owners as well.
Mayor Seaton asked Mr. Kissinger to expand on the comment of "significant increase in
police calls for service" in this area.
Mr. Kissinger clarified that there have been numerous calls in certain locations in the
downtown district. The new larger businesses are attracting a larger, younger crowd and having
different impact in this area.
Commissioner Mathews commented that he felt that the moratorium is appropriate and
that is was also important to get the owners involved in resolving the problem.
zoning.
Mayor Seaton questioned if there was a numerical cap for these types of businesses in C-4
Mr. Kissinger clarified that there was no cap.
Mayor Seaton questioned if persons are interested in opening a bar establishment in this
area, how quickly would this happen without the moratorium.
Commission
Action #
Mr. Kissinger explained that the applicant would have to obtain the building permit and
liquor license.
Melinda Lingle, Salina Downtown Director, clarified the recommendations and asked that
the Commission consider excluding restaurants from the moratorium.
Commissioner Jilka questioned on if the definition of restaurant would be any place that
served food.
Ms. Lingle clarified that it would refer to locations that serving food was a certain
percentage of the business.
Mayor Seaton questioned on how this provision would effect the ordinance.
Greg Bengtson, City Attorney, explained that under Section 4, Implementation, of
Ordinance 01-10044 gives specific directions to City Staff. The provision of restaurants was not
included.
Mr. Kissinger explained that this is a full moratorium with no distention to restaurants.
He suggested that there could be variance from the moratorium and schedule this to be presented to
the Commission at their July 9' meeting.
Mayor Seaton clarified that at this time they are limiting the meeting to dealing with the
moratorium as presented and will recommend changes or variances at the July 9"' meeting.
Larry Dunlap, 221 & 225 N. Santa Fe, expressed concerns of the property damage and
the cost of fixing the property. He felt there should be a fee to the organizations to establish a fund
to help pay for the damages.
Commissioner Jilka questioned a phrase of "bar and tavern proliferation problem" in a
letter received from Mr. Dunlap and other representatives.
Mr. Dunlap explained that Ray Hruska wrote the letter to show his support of the
moratorium.
Rodney Nitz, 122 N. Santa Fe, commented on the public parking lot behind his office is
full at night, and the high level of conversation, vandalism, and foot traffic taking place during the
bars operating hours. He felt that this is a complex problem and the task force should include the
tavern owners, but need a period of time without any bar expansion.
Commissioner Jilka questioned when moving to the downtown area if he was aware that
the C-4 zoning allowed for these types of businesses.
Mr. Nitz responded that he was aware and not against business coming into the area, but
when alcohol is used it assesses the problem and needs to be addressed.
Chuck Carroll expressed the need to review omitting the eating establishments, and also
felt that there is a need for some restrictions.
Commissioner Mathews questioned C-4 zoning.
Mr. Kissinger clarified that there are less restrictions than in other commercial zoning.
The moratorium deals with the zoning and liquor licensing in the district.
Commissioner Jilka quoted a section out of an article of a magazine called Governing.
Mayor Seaton expressed she felt comfortable with moratorium and it was a reasonable
amount of time.
Commissioner Divine encouraged tavern and bar owners to modify their patrons'
behaviors and police department to exercise all responsibilities and authorities.
Commission
Action #
�saoaaivo-sertne
01-2942
01-2943
01-2944
01-2945
— 01-2946
Moved by Commissioner Mathews, seconded by Commissioner Jilka, to pass Ordinance
No. 01-10044 on first reading establishing a moratorium on new clubs, drinking establishments and
cereal malt beverage retailers or the expansion of existing ones in the C-4 District. Aye: (4). Nay:
(0). Motion carried.
(8.5b) Declare an emergency exists for second reading on the same day.
Moved by Commissioner Mathews, seconded by Commissioner Jilka, to declare an
emergency exists for second reading on the same day. Aye: (4). Nay: (0). Motion carried.
(8.5c) Second reading Ordinance No. 01-10044.
Moved by Commissioner Mathews, seconded by Commissioner Jilka, to adopt Ordinance
No. 01-10044 on second reading establishing a moratorium on new clubs, drinking establishments and
cereal malt beverage retailers or the expansion of existing ones in the C-4 District. A roll call was
taken. Aye: (4) Jilka, Divine, Mathews, Seaton. Nay: (0). Motion carried.
Commissioner Shadwick joined the meeting.
(8.1) Second reading Ordinance No. 01-10041 amending Chapter 8 of the Salina Code by
adding an exception to Section 8-516, pertaining to Bonds Required under Article XVII
Contractors/Tradesman Registration.
Mayor Seaton clarified that Ordinance No. 01-10041 was passed on first reading on June
18, 2001 and since that time no comments have been received.
Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt Ordinance
No. 01-10041 on second reading amending Chapter 8 of the Salina Code by adding an exception to
Section 8-516, pertaining to Bonds Required under Article XVII Contractor/Tradesman Registration.
A roll call was taken. Aye: (5) Shadwick, Jilka, Divine, Mathews, Seaton. Nay: (0). Motion carried.
(8.2) Second reading Ordinance No. 01-10042 authorizing the public sale of approximately
$935,000 principal amount of General Obligation Temporary Notes, Series 2001-2 and approximately
$5,470,000 principal amount of General Obligation Internal Improvement Bonds, Series 2001-A.
Mayor Seaton noted that this item had been tabled until July 9, 2001.
(8.3) Resolution No. 01-5729 authorizing submittal of the application for 2001 Kansas
Emergency Shelter Grant program.
Judy Brengman, Neighborhood Services Coordinator, explained the application.
She continued to explain that funding is approved and accepted by an agency, a grant agreement will
be signed between the agency and the City. A combined grant agreement will also be signed between
the City and the State. Funding will be supplied by the City as requested by the agency and
reimbursed to the City by the State.
Mayor Seaton questioned on the amount of the award from last year.
Mrs. Brengman clarified that the City received approximately one-third of the funds
requested.
Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to approve
Resolution No. 01-5729 authorizing submittal of an application for 2001 Kansas Emergency Shelter
Grant Program. Aye: (5). Nay: (0). Motion carried.
(8.4) Amending Chapter 38 of the Salina Code by adopting the 2001 Standard Traffic
Ordinance.
(8.4a) First reading Ordinance No. 01-10043.
Commission
Action #
01-29471
01-29481
01-29491
01-2950
01-2951
Jason Gage, Assistant City Manager, explained that the new edition of the 2001 Standard
Traffic Ordinance (STO) incorporates changes in state law adopted during the 2001 legislative session.
The proposed ordinance incorporates the STO by reference and sets out the City's amended versions
of Section 33 and 85.
Mr. Gage continued to explain that City Staff is recommending emergency consideration
for both first and second reading in order to meet the July 1, 2001 effective date for mandatory
increases in the driving under the influence penalties.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to pass Ordinance
No. 01-10043 amending Chapter 38 of the Salina Code by adopting the 2001 Standard Traffic
Ordinance. Aye: (5). Nay: (0). Motion carried.
(8.4b) Declare an emergency exists for second reading on the same day.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, to declare an
emergency exists for second reading on the same day. Aye: (5). Nay: (0). Motion carried.
(8.4c) Second reading of Ordinance No. 01-10043.
Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt Ordinance
No. 01-10043 on second reading amending Chapter 38 of the Salina Code by adopting the 2001
Standard Traffic Ordinance. A roll call was taken. Aye: (5) Divine, Jilka, Mathews, Shadwick,
Seaton. Nay: (0). Motion carried.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, that the City
Commission recess into executive session for fifteen (15) minutes to discuss matters subject to the
attorney-client privilege for the reason that public discussion of the matter would waive that privilege
and reconvene in this room at 6:22 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 6:07 p.m. and reconvened at
6:22 p.m. No action was taken.
OTHER BUSINESS
(9.1) Mayor Seaton noted that there would be no City Commission meeting on July 2, 2001.
ADJOURNMENT
Moved by Commissioner Mathews, seconded by
Regular Meeting of the Board of Commissioners be adjourned.
The meeting adjourned at 6:22 p.m.
[SEAL]
ATTEST:
Lieu Ann Nicola, City Clerk
Commissioner Shadwick, that the
Aye: (5). Nay: (0). Motion carried.