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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.