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