07-02-2012 Minutesz
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
July 2, 2012
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session on a Wastewater Treatment
Plant Effluent Reuse Request and 2013 Budget. 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 Norman M. Jennings, Presiding Officer
Commissioner Samantha P. Angell
Commissioner Kaye J. Crawford
Commissioner Aaron Householter
Commissioner Barb Shirley
comprising a quorum of the Board, also .present:
Jason A. Gage, City Manager
Greg Bengtson, City Attorney
Lieu Ann Elsey, City Clerk
CITIZEN FORUM
Ray Hruska, 235 N. Santa Fe, read the Memorandum of Understanding between Saline
County and City of Salina 'regarding the Health Department and the roof repairs. Mr.
Hruska responded to Commissioner Householter's questions as to whether repairing
the roof of the building would be a good investment by the City or County.
AWARDS AND PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing and report on Petition No. 4348 (filed by Darrell M. Hills and Jeff Maes
on behalf of Premier Properties) requesting vacation of 36 feet and 30 feet of platted
restricted access on Magnolia Road along the north side of Lot 1, Block 1 in the Premier
Addition.
(5.1a) First reading Ordinance No. 12-10646.
Public hearing continued from the June 25, 2012 meeting.
Commissioner Angell disclosed that she was contacted by Jeff Maes, and that any
information that is not disclosed during the public hearing will be disclosed at the
conclusion of the hearing.
Dean Andrew, Director of Planning, explained the request, site plan, subdivision
regulations prior and post to the 1980's, opposition from the Saline County Engineer of
the access breaks, conformance with comprehensive plan, and City Commission options.
Michael Schrage, Deputy City Manager, summarized the memo he provided to the
Commission regarding the restricted access to the parcel, current and future traffic
counts, disparate treatment, and other possible alternatives.
Mayor Jennings questioned if there is not a Magnolia access to the Marietta property,
where would one be placed. Mr. Andrew responded that it would depend on the how
the land would be sold off and the future development; future development. having a
shared access would be best for the development of that area.
Mayor Jennings questioned on whether a similar request was done with the Bergkamp
Subdivision and allowing access off of Schilling. Mr. Andrew clarified that this request
has not come before the Commission yet; the request is to retain the access off of
Schilling Road, instead of Emulsion Drive. Staff indicated that that would not be
encouraged.
Mr. Schrage clarified that this came to the City Commission as part of a special
assessment benefit district.
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Commissioner Angell questioned whether Eaglecrest had a curb cut on Magnolia and why
the exception. Mr. Andrew clarified there was a curb cut between Huntington and River
Trail. The exception was due to the amount of frontage feet and this is not a corner lot.
Commissioner Angell asked if there was a difference between curb cuts in residential
and commercial areas. Mr. Andrew indicated that the original request for Eaglecrest
was for three curb cuts, and one was granted that had to line up with Pinnacle Avenue.
City Manager Jason Gage noted that driveway approaches on the north side were
inherited, but you do not see that on the south side of Magnolia Road.
Commissioner Angell questioned the safe distance from an intersection to a curb cut.
City Engineer, Dan Stack, responded that what is recommended in the Access
Management Manual by the Transportation Research Board is one-eighth of a mile or
660 feet between intersections.
Mr. Gage asked if that would be impacted by the number of lanes and possible turn
lane. Mr. Stack clarified that it would.
Mayor Jennings questioned if the distance from Virginia Drive to the west cut fall
within that guideline. Mr. Stack noted that it was close.
Mr. Schrage clarified that this is guidance from a planning manual that is applied,
given the circumstances, and not an adopted dimensions standard. Platting restricted
and control access is intended to create the opportunity to site the entrance when the
development is proposed.
Mayor Jennings questioned if the Marietta's had been contacted regarding the west
access. Mr. Andrew noted that representatives from the Marietta family were present.
He gave examples of other areas that have shared access agreements.
A discussion followed between Commissioner Angell, Mr. Andrew, and Mr. Schrage,
regarding generated traffic and traffic counts.
Commissioner Crawford asked why the petitioners opposed using Virginia Drive. Mr.
Andrew responded that there is a need to facilitate traffic circulation with semi -trailers.
A discussion followed between Mr. Gage and Mr. Andrew regarding use of a
temporary access and traffic circulation.
Jeff Maes, ComPro Reality, commented staff work well with us; and introduced Randy
Phillips, the project design professional.
Randy Phillips, Architect, outlined the site plan, traffic circulation, long term growth,
and the need for the access.
Mr. Maes commented on the use of restricted access, comparing restricted access for the
new Dillons store in Meadow Pointe Addition, and was surprised that .they did not
have city staff's support. Mr. Maes continued to explain that they felt their plan did
that, with a curb cut 200 feet from Virginia Drive. He noted City standards for arterial
curb cut breaks being 88 feet; feels the request for the restricted access is appropriate
especially due to size of the lot. Mr. Maes also felt that it would take many years to
reach the traffic count that is causing staff's concerns.
Roger Bastow, American AgCredit, summarized their business, desire to create a
regional center, proposed site plan, job creation, and economic impact. Mr. Bastow
continued to speak on the importance of the access to the facility and the need to
circulate large vehicles; also, there is already access close to where the proposed access
A is. He also noted that the purchase contract states the requirement of access A, and
they will not have a deal if they are not granted.
Mr. Phillips commented on future development of the property and approach "A" would
be the most accommodating at this time. He continued to state that during DRT they were
offered addresses off of Virginia and Magnolia and preferred the Magnolia address.
Mayor Jennings asked for clarification on whether it needed to be approach A or
nothing. Mr. Bastow noted that it was approach A.
Commissioner Angell felt that with the types of vehicles coming in and out of this
location we would want it to be on arterial streets, but we are trying to put them on
residential.
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Mayor Jennings concurred with Commissioner Angell, but was concerned with traffic
stacking.
Mr. Gage commented on the option that was proposed by the petitioner; staff has
offered other options but they have rejected those. The applicant needs the most
eastern access at this time and the western access is for future development.
Mr. Phillips felt that by eliminating one of the accesses you are jeopardizing future
clients and makes the parcel less attractive to future buyers.
Mr. Gage asked for clarification if Mr. Phillips indicated that the truck traffic would
make surrounding parcels less attractive. Mr. Phillips felt that it would.
Mr. Schrage commented on the possible need to accelerate the need for placing a turn
lane and improving Magnolia due to the increase of traffic.
A discussion followed with Commissioner Angell and Mr. Gage regarding increased
truck traffic and future improvements.
Commissioner Householter expressed his concerns of semis turning onto Virginia
Drive and asked approximately the number of semi trucks expected.
Mr. Bastow could not provide an estimate, but felt that this would accommodate the
truck traffic being close to the interstate.
Commissioner Householter felt that it would be a long time to reach the needed traffic
counts and opposed to turning on Virginia. He then asked for clarifications of the 88 -
foot requirement. Mr. Andrew responded.
A discussion followed between Commissioner Householter, Mr. Andrew, Mr. Gage,
and Mayor Jennings regarding improving Magnolia Road, possibility of the applicant
to pay the cost of those improvements, county jurisdiction, and widening of the road.
John Marietta, ComCo, explained that they agreed with city staff and county and that
the petition needs to be denied. He felt that the proposed curb cuts would hurt the
future development of the area. It was -clear prior to development of the area that
Virginia Drive was to be used as an access. He continued to express their willingness
to use a shared access drive with one curb cut allowing access to multiple properties,
but needs to have an access agreement in place.
A discussion followed between Commissioner Householter and Mr. Marietta regarding
the use of a shared access agreement.
Dennis Lauver, Chamber of Commerce, thanked city staff's work on the item and job
opportunities from the development. Mr. Lauver then responded to Commissioner
Householter's question on whether he felt if this was an important addition to the
community. He responded by noting the increase visibility from the new location and
the regional impact.
Mr. Maes asked that the access points be established now and work out the details of
the shared access agreement later.
Mr. Marietta felt that the shared access agreement needs to come first.
John Blanchard, 1117 W. State Street, supported city staff in the need to restrict access
on arterial roads, to minimize turning points, facilitate traffic flow, and supported the
County Engineer's opposition.
A discussion followed between Commissioner Angell, Mr. Andrew, Mr. Maes,
Commissioner Householter, Mr. Gage, and Mayor Jennings regarding whether the
property is located in the floodway, 88 -foot requirement, and number of cuts on
Magnolia, City's comprehensive plan, and traffic stacking.
Commissioner Householter stated that he felt that this would be a nice development
and would like to find a way to make it happen.
Mr. Gage noted an option of requesting that the Planning Commission look at the
request in an advisory role.
Commissioner Angell noted that everything in her conversation with Mr. Maes has
been disclosed.
Mr. Schrage asked the Commission to provide findings of fact to supplement the action.
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There being no further comments, the public hearing was closed.
12-0160 Moved by Commissioner Angell, seconded by Commissioner Householter, to pass Ordinance
No. 12-10646 on first reading.
Z Commissioner Crawford felt it was a good development, but would support the curb
a
cut on Virginia Drive.
Greg Bengtson, City Attorney, and Mr. Andrew advised the Commission that in this
situation the Commission should create facts of findings.
Mr. Gage noted that the second access is on someone else's property and do not have
commitment at this time.
A discussion followed between Mr. Schrage and Commissioner Householter regarding
the shared access.
Commissioner Angell amended her motion to include a condition for that second curb
cut, only upon an agreement between the respective property owners; also to include
findings of fact that it is still restricted access, which is less access than is allowed in the
city; an unrestricted access of 88 feet standard; what is based upon the best interest in
the city with the job creation and growth, from an existing business in our community;
also based upon the opinion that truck access is better placed closer to the interstate,
and on an arterial street and not a street not designed for that.
A discussion followed between Mr. Gage, Commission Householter, and Commission
Angell regarding redefining the restricted access.
Commissioner Householter affirmed his second.
Mayor Jennings called, the questions. Aye: (3). Nay: (2) Crawford, Jennings. Motion'
carried.
CONSENT AGENDA
(6.1) Approve the minutes of June 25, 2012.
(6.2) Authorize the repair of a river water pump by Layne Christensen Company in an
amount not to exceed $18,554.55.
(6.3) Approve Change Order No. 2 for the Water Tower Maintenance (Wyatt, Gypsum Hill,
Key Acres, Markley) Project No. 11-2877 in the amount of $31,000.
12-0161 Moved by Commissioner Householter, seconded by Commissioner Angell, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
None.
ADMINISTRATION
None.
OTHER BUSINESS
None.
ADJOURNMENT
12-0162 Moved by Commissioner. Angell, seconded by Commissioner Shirley, that the regular meeting
of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 6:26 p.m.
[SEAL] Norman . Jennings, Mayor
ATTEST:
Lieu Ann Elsey, CMC, Ci lerk
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