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08-18-2003 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 18, 2003 4:00 p.m. The City Commission convened at 3:00 p.m. in a Study Session on Residential Swimming Pool 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 Alan E. Jilka, Chairman presiding Commissioner Deborah P. Divine Commissioner Donnie D. Marrs Commissioner Monte D. Shadwick Commissioner Paul G. Webb comprising a quorum of the Board, also present: Dennis M. Kissinger, City Manager Greg Bengtson, City Attorney Lieu Ann Nicola, City Clerk Absent: None CITIZEN FORUM None. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Appeal of the Planning Commission's July 15, 2003 decision to approve Application #CU03-2, filed by Hospice of Salina, Inc., requesting approval of a Conditional Use Permit to allow construction of a Hospice Center in an R (Single -Family Residential) zoning district on property legally described at Lots 1 — 14, Block 1 of the Replat of River Meadows Addition. Mayor Jilka opened the public hearing. Dean Andrew, Director of Planning and Community Development, explained the request, the current plat and zoning, which permits development of group care homes and nursing home facilities as conditional uses. Mr. Andrew continued to explain that Hospice of Salina, Inc. is proposing a change in use for the property from single-family residential to a group care facility. The word "hospice" is not defined in the Salina Zoning Ordinance; therefore based on the type of treatment and services provided, a hospice could be classified as the permitted or conditional use to which it most closely conforms with. Mr. Andrew explained the Planning Commission's recommendation and conditions and summarized the City Commission's role in the appeal process. Mr. Andrew then commented on the validity of the Petition Number 4242 protesting the land use. A discussion followed between Commissioner Divine and Mr. Andrew regarding the conditions set by the Planning Commission, conditions requested by Holly Lane property owners, traffic analysis, and roof and site coverage. Mr. Andrew responded to Commissioner Shadwick's questions regarding final development plans and further City Commission review of the final plans. Commission Action # Conmiaaiee--Saana A discussion followed between Commissioner Marrs and Mr. Andrew regarding the applications compatibility with the surrounding neighborhood and that if classified as a nursing home or hospital, the zoning ordinance requires it to located on a collector or arterial street. Shawn O'Leary, Director of Engineering and General Services, responded to Commissioner Shadwick's questions regarding flap gates and flooding issues. Kim Fair, Hospice Executive Director, 139 N. Penn, explained the services the facility would provide, the need for the facility, and the selected location. Ms. Fair then responded to Commissioner Divine's inquiry regarding the possibility of continued use of the Penn Campus of the Salina Regional Health Center and Commissioner Marrs' questions regarding physician visits and charges to patients, length of stay, and potential future outgrowth of the facility. Jeff Gilliam, Architect, commented on the building plans, lot coverage, allowed building area, and lighting. He then summarized plans for future growth with the addition of a third wing when needed. Mr. Gilliam also responded to Commissioner Divine and Commission Webb regarding site lines and square footage usage. Bob Brown, 315 Sunset Drive, explained the landscaping design and effectiveness of landscape screening. Ken Wasserman, Attorney representing petitioners, 213 S. Santa Fe, commented that this was not a Hospice issue, but a land use issue and the land use not being compatible. Mr. Wasserman then commented on the current zoning, commercial business usage, and traffic issues. Ms. Fair responded to the Commission regarding Mr. Wasserman's remarks concerning commercial business usage and the facility's requirement to be licensed by the; state. Brenda O'Gorman, 705 Victoria Height Terrace, noted her opposition to approve the conditional use permit and the increase of traffic the new facility would bring. Wionna Thomas, 2202 Applewood, expressed her support for the conditional use and the need of the facility. Mark Ramsey, 332 Sunset Drive, expressed his support for the new hospice facility. Rob Garrison, 420 E. Ash, commented on the utility pump station in the area and his opinion of the nonexistent traffic control issues. Dennis Kissinger, City Manager, expanded on the conditional use and the hospice facility characteristics. There being no further comments, the public hearing was closed. Commissioner Divine noted the importance of listening to citizens' concerns, but believes the conditional use would be appropriate for the area. Moved by Commissioner Divine, seconded by Commissioner Shadwick, that the 6.87 acre site is a suitable location for a hospice facility and that the site development plan and proposed building would be compatible with the surrounding neighborhood, and approve .Application #CU03-2 to include that the City Commission review the final site plan. Commissioner Marrs said that Hospice is important to the community, but this is a planned use and zoning matter. Commissioner Shadwick noted that Hospice is a good organization., and felt that it was a good land use, and expressed the need for final site plan review by the City Commission. Mayor Jilka commented on the conditional use and his support on the issue. Mayor Jilka called the question. Aye: (4). Nay: (1) Marrs. Motion carried. Commission Action # 03-6091 03-6092 CONSENT AGENDA (6.1) Approve the minutes of August 11, 2003. (6.2) Resolution No. 03-5974 authorizing an agreement with Lowenthal, Singleton, Webb and Wilson PA, Certified Public Accountants for an audit of City records for the year ending December 31, 2003. (6.3) Resolution No. 03-5975 authorizing Agreement No. 93-03 with the Kansas Department of Transportation for the North Ninth Street Bridge Replacement Project No. 01-1323. (6.4) Resolution No. 03-5976 authorizing Agreement No. 94-03 with the Kansas Department of Transportation for the Lakewood Bridge Replacement Project No. 01-1322. (6.5) Resolution No. 03-5977 authorizing a Quitclaim Deed to transfer land at the Water Well Road and I-135 Interchange. (6.6) Approve purchase of a PC-based tape library backup system from EagleSoft for an amount not to exceed $15,627 and purchase necessary PC server and associated hardware and software for an amount not to exceed $1,800, for a total project cost of $17,477. Dennis Kissinger, City Manager, responded to Mayor Jilka's question regarding the audit contract funding. Moved by Commissioner Divine, seconded by Commissioner Webb, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Continue consideration of Application #SR02-1, filed by the Salina Planning Commission, requesting an amendment of Section 36-74.1 of the Subdivision Regulations to establish minimum design and paving standards for private streets in residential subdivisions. (7.1a) First reading Ordinance No. 03-10144. Dean Andrew, Director of Planning and Community Development, explained the request, the Planning Commission's recommendation, waiver provision, and maintenance fund. Mr. Andrew also responded to Commissioner Divine regarding granting of a variance. Moved by Commissioner Divine, seconded by Commissioner Shadwick, to pass Ordinance No. 03-10144 on first reading. Aye: (5). Nay: (0). Motion carried. (7.2) Application #A03-6, filed by Brian Richardson on behalf of PR, L.L.C. and Darrell Hills, requesting annexation of a 14 -acre tract located on the south side of Schilling Road east of Lowe's Home Improvement Center, also known as the Bland Subdivision. (7.2a) First reading Ordinance No. 03-10164. Dean Andrew, Director of Planning and Community Development, explained the voluntary annexation request and the Planning Commission recommendation. Moved by Commissioner Shadwick, seconded by Commissioner Maass, to pass Ordinance No. 03-10164 on first reading. Aye: (5). Nay: (0). Motion carried. (7.3) Application #Z03-10, filed by Brian Richardson on behalf of PR„ L.L.C., requesting a change in zoning district classification from Saline County I-2 (Light Industrial) to C-6 (Heavy Commercial) on property legally described as Lot 1, Block 1, Bland Subdivision also known as 300 Block of East Schilling Road. (7.3a) First reading Ordinance No. 03-10165. Dean Andrew, Director of Planning and Community Development, explained the request and the Planning Commission's recommendation. Commission Action # nme 03 Moved by Commissioner Divine, seconded by Commissioner Webb, to pass Ordinance No. 03-10165 on first reading. Aye: (5). Nay: (0). Motion carried. (7.4) Application #P03 -5/5A, filed by Brian Richardson on behalf of PR, L.L.C., requesting approval of a replat of the Bland Subdivision. Dean Andrew, Director of Planning and Community Development, explained the request, storm water detention, special assessments, the Planning Commission's recommendation, conditions and variances, and deferred recording of the plat until the existing building located in the proposed right-of-way for Enterprise Drive has been relocated. A discussion followed between City Manager Dennis Kissinger, Director of Engineering and General Services Shawn O'Leary, Commissioner Marrs, Commissioner Divine, and Mr. Andrew regarding recording of the plat, utility easements, possible license agreement, temporary access, and certificate of occupancy. Brian Richardson, on behalf of the applicant, commented on the recording of the plat and temporary easements. Mr. Kissinger informed the City Commission that the Design Review Team would assist the applicant on the deferred recording of the plat. Moved by Commissioner Divine, seconded by Commissioner Shadwick, to approve the replat of Bland Subdivision and accept the offered easement, right-of-way and restricted access dedications, subject to the conditions and variances as recommended by the Plaruiing Commission and defer recording of the plat until the existing building located in the proposed right-of-way for Enterprise Drive has been relocated, or a timetable for relocation with deadline: shall be submitted by the applicant and approved by the City Commission, prior to recording of the plat. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) First reading Ordinance No. 03-10159 levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances. Dennis Kissinger, City Manager, explained that the ordinance is required to recover the costs involved in the cleanup of property for nuisances. Moved by Commissioner Webb, seconded by Commissioner Marrs, to pass Ordinance No. 03-10159 on first reading. Aye: (5). Nay: (0). Motion carried. (8.2) Award the contract for the 2003 Water System Enhancements, Project No. 03-1401. Shawn O'Leary, Director of Engineering and General Services, explained the project, bids received on August 12, 2003, project financing, and the engineer's estimate. Moved by Commissioner Marrs, seconded by Commissioner Shadwick, to award the contract for the 2003 Water System Enhancements, Project No. 03-1401 to Pavers, Inc. in the amount of $320,350. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS None. The City Commission recessed at 6:00 p.m. for 10 minutes for a short break and reconvened at 6:10 p.m. JOINT MEETING WITH USD 305 SCHOOL BOARD REGARDING THE VACANT ROOSEVELT -LINCOLN SCHOOL BUILDING The City Commission reconvened with the USD 305 School Board at 6:10 p.m. Those present were: Commission Action # CIII Ild SlI�,.a City of Salina City Commission Mayor Alan E. Jilka Commissioner Deborah P. Divine Commissioner Donnie D. Marrs Commissioner Monte D. Shadwick Commissioner Paul G. Webb USD 305 School Board Richard Brake Ruth Cathcart -Rake Jim DuBois Larry Michel Gary Denning Others Present: Dennis Kissinger, City Manager Dr. Gary Norris, USD 305 Superintendent Greg Bengtson, City Attorney Lieu Ann Nicola, City Clerk Dennis Kissinger, City Manager, summarized the organization structure and roles of the joint staff project team, the creation of a steering group, and legal counsel. The City Commission's primary responsibility for matters related to historic designations, land use, grant, loan and tax credit programs. The USD 305 Board of Education would approve designation of preferred developer and final authority on all contracts and property transfers, and other owner responsibilities pertaining to the vacant Roosevelt -Lincoln school building. Mr. Kissinger explained assumptions on the financial impact noting that receiving income from sale of the building and land is a lower level priority. He continued to explain that based on experiences of other communities with the same situation, it was unlikely the district would obtain significant funds from sale of the property. The City and the School District are interested in minimizing costs in the redevelopment process. Mr. Kissinger noted that timing is important, to expedite transfer of maintenance, holding costs and responsibilities to a responsible developer, and should be pursued as a priority. Commissioner Divine noted that the financial impact is just as important to the City as well as the School District. Mr. Kissinger reviewed staff's preliminary findings and assumptions that multi -family residential is the only viable adaptive re -use for the Roosevelt -Lincoln complex, to utilize financial resources such as housing tax credits, federal and state historic tax credits, Federal Home Loan Bank financing, Federal Home or CDBG grants, KDFA bonds, and the Revitalization Tax Rebate Program. Mr. Kissinger also noted that a priority should be for the historic 1920 Roosevelt and the 1915 Lincoln buildings to be saved, rehabilitated, and re -used for residential; the gymnasium section would be demolished. Mr. Kissinger explained that the project will be extremely complex and require a developer with extensive experience, technical and financial capacity. Mr. Kissinger provided the City Commission and the School Board with two qualified contractors, those being Pioneer Group, Inc, Topeka, Kansas and Metroplains Development, L.L.C., St. Paul, Minnesota. Dr. Gary Norris, USD 305 Superintendent, commented on the contractors and thanked City Staff for their work in the project. A discussion followed between Mr. Kissinger, Commissioner Webb, and Commissioner Shadwick regarding use of tax credits. Further discussion followed between Mayor Jilka, Larry Michel, school board member, and Mr. Kissinger regarding the contractors provided to the panel and whether or not they would be eliminating any other potential proposals. Jim DuBois, school board member, thanked City staff for their work and agreed that to move the project along quickly is better. Commission Action # Mr. Kissinger then responded to Mayor Jilka's question regarding; the demolition of the gymnasium and school board member Gary Denning's questions regarding the proposed project timetable. Ruth Cathcart -Rake, school board member, commended staff s work and Mr. Kissinger and Dr. Norris for their collaboration. ADJOURNMENT 03-6098 Moved by Commissioner Divine, seconded by Commissioner Webb, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:39 p.m. Alan E. Jilka, M r [SEAL] ATTEST: 4a� Lieu Ann Nicola, City Clerk