06-14-1993 Minutes93-232
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JUNE 14, 1993
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, June 14, 1993, at 4:00 p.m.
There were present:
Mayor Peter F. Brungardt, Chairman presiding
Commissioner Carol E. Beggs
Commissioner John Divine
Commissioner Evelyn Maxwell
Commissioner Joseph A. Warner
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Michael Morgan, Assistant City Manager
Jacqueline Shiever, City Clerk
Dennis M. Kissinger, City Manager
CITIZEN FORUM
None
AWARDS - PROCLAMATIONS
None
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting June 7, 1993.
(6.2) Authorize the City Clerk to issue a Surety on Bail Bond Agent
License to James A. Lewis, agent for Action Bonding.
Moved by Commissioner Divine, seconded by Commissioner Warner that
all items on the Consent Agenda be approved. Aye: (5). Nay: (0). Motion
adopted.
DEVELOPMENT BUSINESS
(7.1a) Recommendation from the City Planning Commission that Planned
Development District Application 93-3, filed by Wally Storey, for a change in
zoning classification from Saline County AG (Agricultural) to PDD (Planned
Development District) to allow an adult care facility, assisted living complex and
single-family residences on a 24.3 acre tract at the southwest corner of
Country Club Road and Holmes Road, be denied.
(7.1b) Petition Number 4062, filed by property owners within 200 feet,
protesting the proposed rezoning.
Roy Dudark, Director of Planning and Community Development,
reviewed the application, development of the project in phases, the
recommendation of the City Planning Commission, and the options available to
the City Commissioners.
Greg Bengtson, City Attorney, reported that the protest petition,
because it was was filed later than the fourteen days deadline following the
public hearing, or April 20, 1993, would not require an extraordinary majority
vote of the Board of Commissioners.
The Commissioners and staff discussed the requirements of PDD
zoning, the timing of the development of the various phases of the planned
development district and water pressure in the mains at the location.
Wally Storey, real estate agent for the developer, presented a book
of exhibits and reports to the Commissioners. He reiterated the developers
desire to make this project an asset for the community.
Ken Bieberly, Architect, reviewed the revisions made to the site
development plan and the landscape plan. He said they have changed the roof
line, added more brick, and proposed a layout of single family dwelling units as
a buffer between the new development and existing neighborhood. He also said
that the best of the existing trees in the area will be retained.
Ted Brown, Developer and owner of Holiday Resorts, reviewed the
skilled care facilities and the addition of single family dwellings on the
perimeter to buffer the view of the nursing home facility from the adjacent
residential area. He presented pictures mounted on white boards of the
Emporia facility and compared it with the proposed facility in Salina. He
presented a three dimensional scale model of the Planned Development District
showing the location of each proposed structure. He said he is willing to put
additional restrictive covenants on the single family dwelling lots to make it
equal to or greater than the Country Club Estates Number 4 Addition
restrictions. Mr. Brown discussed the marketing studies conducted for the
proposed Salina facility.
Wally Storey, Real Estate Agent, presented pictures, mounted on
back boards, of other predominant structures in Salina and discussed how they
have not affected other property values of neighboring homes.
Lee Jones, Real Estate Appraiser from Wichita, specializing in
representing property owners in eminent domain matters, said he has appraised
the Emporia facility and based on his experience, feels that the proposed
facility in Salina will have no negative effect on the surrounding homes. He
presented a handout and reviewed several major structures in Wichita, Emporia
and Salina. He said the major structures did not deter the development of any
of the areas.
Tom Powell, Attorney from Wichita representing the applicant and
Holiday Resorts, discussed the proposed protective covenants by the developer
for the single family dwelling lots. He reviewed each of the exhibits presented
in the red bound handout and asked the City Commissioners to approve the
rezoning and to consider the following items in their decision:
1. Applicant's Exhibits presented today.
2. Appraisal report by Mr. Jones.
3. Architect's report from Ken Bieberly. .
4. Photos presented.
5. Architectural drawings.
6. Architectural model.
Mark Lacy, 108 North Presley Drive, protester and representative of
a majority of the people present in the audience, asked why the new
information presented by the applicant at this meeting was not made available at
previous City Planning Commission public hearings. He summarized the
neighborhood's reasons for protesting the huge proposed development: direct
access to an arterial street, low income jobs, nursing home residents will not go
out and boost the economy, the huge project will dominate the neighborhood,
the loss of the mature trees, the storm drainage easement, photos of the
proposed rezoning property, the proposed facility will be 77,000 square feet,
current neighborhood abuts the property line, there will be 3 shift changes
each day, desirability of the property on the hill for residences, issues debated
at the City Planning Commission meeting, traffic at the bend in Country Club
Road is crowded and dangerous, fire protection issues, the best test at the
bottom of hill get 565 gallons per minute which is far from 1500 necessary,
zoning regulations on pages 2462 and 2463, density issue, no density
requirements for nursing home facilities, property tax on the facilities,
enforceability of the regulations for the ponding area and its maintenance, the
single family homes will face parking lot or a large building, where are the
amenities for the existing neighborhood, the homes are not planned for
construction for 5 years, accuracy of the developer during the planning public
hearing process, high disposable income families move into this area,
historically elderly people vote against economic and educational issues, the
nursing home will generate $5.00 an hour jobs, during three City Planning
Commission meetings, the developer was unable to meet the requirements.
He asked the City Commissioners to consider the following items in
their decision, and to deny the rezoning request:
1. Inconsistencies in the Appraisal report from the applicant.
2. Protest petition
3. Economic impact of the proposed development on the surrounding
area.
4. The packet of information from Mark Lacy including photos and
salary information. Page 22 density issues, page 23 distance
between properties,
5. Photographs of other facilities around town.
Bickley Foster, planning consultant from Wichita, reviewed the City's
zoning regulations and said they are outdated. He said there is nothing in the
proposal that benefits the existing neighborhood and there must be a misprint
in zoning regulations. He said he has worked for eighty cities and counties in
Kansas, and the conditional uses listed in R zoning district are sanitorium, and
nursing homes in the best neighborhoods, the R District. He said no R
District is safe with the allowed conditional uses. He said Hutchinson allows
five beds in the R-2 district. He asked why Salina allows people to present all
this information to the City Commission when the statute says the public
hearing will be held by the City Planning Commission. He said there is a list
of factors, the Golden Case, lists eight conditions and the missing one, the
single most important factor is the balancing act of the adjacent property
owners and community weighed against the hardship to the developer in using
that site. He said the City Commission should not act within fourteen days of
the City Planning Commission meeting. He said the neighborhood property
owners were not advised of the time frame of their right to protest. He said
the City Commission undermines the City Planning Commission when the
applications are sent back for reconsideration. The business has to be related
to people in the neighborhood and a general PDD invokes the 30% requirement.
He asked that the City please let these people know when the thirty day period
starts for a potential court case. He said the development needs to be
accessible to an arterial or collector street, and it has to be screened. He said
the proposed development does not meet R standards and that the employees
must be considered. Totally ignored is 120 employees, who come and go
continually, day and night. The development must be directly accessible. He
said he agrees with the City Planning Commission decision. People in the
neighborhood have gathered information for an excellent presentation.
F. R. Staab, 2604 Argonne, said traffic is bad around nursing homes
especially during shift changes and deliveries. He said he hopes they do a
better job than most other nursing homes in Salina because they can't get
competent help.
Ottmar Lang, 2608 Deborah Drive, said he is concerned about
increased traffic and the cheap labor that will be employed at the nursing
home. He said he is opposed to the development.
Chris Summers, 103 South Presley Drive, said the state legislature
has passed House Bill 2526 placing a moritorium on construction of new nursing
homes in Kansas for the next 5 years. He said he does not believe there is a
need for additional nursing homes because Kansas has more nursing beds per
capita than any state in the nation; but, there is a need for home health care
programs.
Dorothy Caswell, owner and operator of a small, 4 -bed, residential
care facility, said she has 2 vacancies in her small facility, and she has a
problem finding professional staff.
Floyd Gwin, 2628 Deborah, expressed his concern about the increase
in traffic at Estates Drive and Crestview Drive.
The Mayor closed the public comment period.
Greg Bengtson, City Attorney, said the City is unable to enforce the
private convenents on the property in private developments.
Roy Dudark, Director of Planning and Community Development, said
property owners were each given notice of the public hearing and the
appropriate time for protest in the first letter sent.
The Commissioners and staff discussed other areas in Salina suitable
for residential development.
Commissioner Maxwell read article F of the Golden Case, the balancing
test: the relative gain to economic development, public health, safety and
welfare by the reduction of the value of the land owner's property as compared
to the hardship imposed by such reduction upon the individual land owner.
Commissioner Maxwell said, "When I was initially given guidelines for
this there was a little bit lesser weight to this item. Personally I felt that the
public health and safety was especially important to the nursing home use, and
especially with the critical shortage of staffing to maintain a nursing home
quality of life people want and need. People in the nursing home, their life,
their health, their safety, their welfare and their ability to pursue happiness is
very much constrained by the staffing levels and the quality of staff you are
able to obtain. We have had a number of nursing homes express concern.
Mrs. Caswell is one who has a home nursing facility but there was today a new
survey of the empty beds and we have 35 empty beds today in the nursing
home facilities. Apparently all of the nursing homes are licensed at the same
level. We earlier heard in the testimony that this facility will be an
intermediate level care and all of the nursing homes are required to come up to
the same standards. The home nursing homes in a small group, are allowed to
do the majority of things that are allowed in a skilled facility. They do not
give IV's. Mrs. Caswell does not provide oxygen. Naturally they dont have
room for some types of rehabilitation equipment which Mr. Brown provides in
his proposal. The major concern the administrators of the nursing homes here
in town who have contacted me is the critical shortage of qualified care takers
and how that might be impacted by having a large influx of nursing home beds
and how it will affect the safety of the residents of all of the nursing homes,
not only the existing ones but also Mr. Brown's facility. My other concern is
relating to the fire code. It is very, very hard for me to put aside the fact
that people in a nursing home are unable to help themselves in most cases, and
sometimes they are somewhat drugged by sleeping medications at night, and if
we should have a grass fire or anything happening in that area I'd love to
have the ponding as an auxiliary source, but I really find it difficult to think
of trying to protect the lives of that 120 people plus all the residents in that
area that are surrounded by agricultural land including Estates 4 at the
current time with an inadequate city supply of water. That is very difficult
for me to compromise. There is not very many neighbors currently out there
that would be able to swarm in to help if we had a grass fire come from one of
the fields. "
Chief Girard responded, "As we stated in our staff report, the
ponding area is a secondary or auxiliary source. We still would rely primarily
on the domestic water, and as far as grass fire protection, that is primarily
handled from our tanks. All of our engine companies carry 500 gallon water
tanks. You have to be able to move so we primarily use portable tanks".
Commissioner Maxwell asked, "What is the response time to that
area"?
Chief Girard responded, "It would be in 4 to 5 minutes range which
is acceptable under the comprehensive plan".
Shawn O'Leary, Assistant City Engineer and Director of Utilities,
said, "Commissioner, just to clarify too, this building will be fully sprinkled.
The sprinkler system will be connected to the city's pressurized distribution
system, like any other facility of its type or any other sprinkler building of its
type. That sprinkler system is the first line of attack obviously the second
line of attack is the distribution system and the fire hydrants attached to it.
The final line of attack would be the pond and the drafting program which our
system is capable of handling as well".
Commissioner
Maxwell said, "The
internal
fire does not concern me as
much because the rules and regulations for
nursing
homes is that they have to
have special set aside
places for smoking.
I think
Mr. Lacy brought this up,
so most residents are
not allowed smoking
material
in their rooms. That may
vary with the nursing
homes".
Chief Girard responded, "The plans also will be submitted to the
State Fire Marshall office who has the responsibility to sign off on the fire
protection plan".
Commissioner Maxwell said, "When you and I talked earlier, we
discussed what kind of conditions might plug the drafting station, you said the
fish and the algae would go through and that would not plug it up and
decrease the volume that you are able to use. Rocks in the bottom of the
ponding area I believe you told me could be sucked up and could lodge at the
bend and decrease the flow. So in creating a pond, if the Commission decides
to reverse the Planning Commission, I believe that we need to have some way of
really securing that area around the standpipe regardless what the Fire Marshal
at the state level might say in order to keep us from having debris and rocks
that could be sucked up into that standpipe".
Chief Girard responded, "The drafting station must be put in to meet
NFDA standards and they specify the hard surface area, it also addresses the
engineering of the drafting system".
Commissioner Maxwell asked "And how far it is and how deep it is
from the ... and how close to the bottom of the pond then is it allowed to
9011?
Chief Girard responded, "At least three feet".
Commissioner Maxwell said, "It cannot be within three feet"
Chief Girard responded, "It has to be set on a bed of rock, that is
the key to remember, this is an auxiliary system. Our primary use is the
sprinkler system, and domestic water supply".
Commissioner
Maxwell said, "Yes I understand, however we need to
meet standards. We need 1500 gallons per minute to meet standards and we are
not meeting that with our
public system".
Chief Girard
responded, "That takes into consideration a 52,000
square foot building
that each room and corridor would have separate
sprinklers and statistics will tell us one or two sprinkler heads will usually
control a fire in a room".
Commissioner
Maxwell said, "And in terms of our addressing the fires
outside on the perimeter".
Chief Girard
said, "It would primarily be tank water and the city fire
hydrants which would be approximately 750 gallons per minute".
Commissioner
Maxwell asked, "And you feel that would be quite
adequate given advance
warning I guess or early.. . "
Chief Girard
said, "It is consistent with our responses elsewhere in
the city".
Commissioner
Maxwell said, "I still have images of some of our grass
fire out in the county,
of course they are not so close".
Chief Girard
responded, "We have mutual aid agreements with all the
rural county districts
and we don't hesitate to call on them if they are
needed".
Commissioner
Maxwell asked, "Would our fire insurance be affected by
having relied upon the
pond as part of our supply"?
Chief Girard
replied, "No".
Commissioner Maxwell said, "I agree with the gentleman that the
arterial access is important not only from a traffic point of view, but also from
the point of view of the rapid reponse time of the fire department to be able to
come directly from the arterial to the nursing home makes you able to be active
at least a few seconds, a half a minute or so sooner, than you would
otherwise. I'd like to say that Mr. Brown's facilities, according to a friend of
mine who has lived there before Mr. Brown ever developed his nursing home.
It is kind of a show place that what we have seen has not just been doctored
up in case somebody should come and visit, but that really is very nice and
that it is one of the most desirable of the facilities that they have. They told
me that there are two facilities that are quite highly desired by the residents
and that this is one of the facilities that they very much desire to be in. I
think there has been a lot of concern on the part of the community regarding
Co ccign
Cl. P n 6aiine, Kans
that, so I would like Mr. Brown to know that. I believe those are the major
factors that I am concerned with. I would like to save those trees. You have
a home health program there, and the nursing homes here are beginning to
collaborate in terms of meeting the needs of the citizenry with the hospitals and
with one another in order to develop specialty areas for one and the other in
order to help keep down the costs of care. Would you be interested in taking
part in that process and seeing what kind of special needs that we have and
participating in that planning"?
Mr. Brown, unintelligible response.
Commissioner Maxwell asked, "You don't plan a home health care
aspect or at least it hasn't been mentioned regarding a proposal so far for
Salina".
Mr. Brown, unintelligible response.
Greg Bengtson, City Attorney, said, "Just one point, it is intended
to be content neutral, but a clarification as to this balancing factor that I
believe Mr. Foster first raised. I am looking at the Golden Case. The factor
indicates that one of the tests being the relative gain to the public health,
safety and welfare by the destruction of the value of plaintiff property as
compared to the hardship imposed on the individual land owner. I just wanted
to be sure I understood and I suppose I am inviting comment by Mr. Foster or
possibly by Mr. Powell, I understood that test which is not a part of our code,
but certainly is one of the tests articulated in the Golden case, but that I
understood that in order for the balance to occur, one side of the balance had
to have weights indicating that there was destruction in the value of the
neighboring property. Just a point of clarification that I hope is helpful to the
Commission of what is being balanced".
Commissioner Warner said, "After three plus hours I think we can all
agree we certainly have heard a great deal of information and we have had the
process. We have talked about everything from the global economy to the
future of nursing homes industry in Kansas, and even in general, and in
particular, talked at certain lengths of trying to guard against every
eventuality. I guess one of the things I would like to bring up is the fact that
we have in all of this, the process to look at the applicant and the process we
have asked the applicant to undertake, and we have in my view an applicant
that has met, and in some cases exceeded, that process. For me, that is an
important thing that I cannot look away from in reviewing this matter that we
have been discussing for nearly three and one half hours now. If we look at
that, it is very difficult when we set up a process with rules and regulations.
We asked that those be met and we have the process of the planning commission
and the public hearings and the public debate and we get to this point I have
a real problem with someone who has done everything we have asked him, to
suddenly not be consistent with that. If we have a problem with the process
or if we have a problem with components of that process, it behooves us as a
citizenry to change the process. In reviewing the various points that have
been talked about today, the character of the neighborhood, and the fact that
we talked about density and compatibility issue, I think that obviously those
are in the eye of the beholder. I think with what the applicant has done with
his revised plan has come a great deal in meeting a lot of the concerns the
neighbors had originally expressed at the beginning of the process. We have
talked about the public facilities and services, and time and time again our
staff tells us and professional people assure, we are within the bounds of those
issues which think are significant points. The fact that low dwelling density of
this proposed project is within comformance of our comprehensive plan an effort
that we undertook in recent years a great deal of effort to develop, and this
falls within that framework, is again a significant point for me. I have
reviewed the information and the various conditions that over and above have
been added to this project as well as the applicants willingness to impose
covenants for single family housing that would surround the western part of
this development and the willingness to work toward the future alleviation of
the water and sewer downstream as far as future development, and I think
these are the things we need to look at as a commission as we develop our
motion this afternoon".
Mayor Brungardt said, "I would like to make a few comments as one
who will not make a motion obviously, probably only fair I make comments prior
to us getting to that stage. I'd first like to comment on a personal level that
the neighbors have been, in my view, quite industrious and quite thorough,
and I appreciate quite mannerly in this whole process and they have been
throughly businesslike and I appreciate their vital interest in their homes and
in their investment that they have in their homes and the pride they have
shown in that concern. I appreciate the way they have gone about it. We
rubes in Salina, Mr. Foster, perhaps don't know much about zoning, but we
kind of like our town, and one of the things we have done over the years is
allow some conditional uses in R zoning, nursing homes being one of those. To
my mind there is some similiarity in nursing homes and churches and schools in
that they feature large buildings and open spaces around them so at least in
the visual impact, and a usage or density impact, they have similar impact on
an area to my thinking. In nursing homes, we also some years ago, and since
that 1977 by the way, put in a requirement where they have access to arterials
to further protect those neighborhoods. I think it has worked well. I don't
have a problem with that. If, indeed it is a problem, and it is the wrong
thing for us to do, I think we should consider that in another forum and not
with the case in point. The fact that we have those conditional uses in R
zoning does impact at least in the mental process of this PDD, if not in fact.
The reason that those conditional uses exist, or the way they are met, is of
course by a series of tests. Whether those things are objectionable to the
surrounding area we go through a series of things that the staff report pretty
much followed having to do with the adequacy of traffic and water and sewage
and of all the other necessities to sustain the building. We also look at the
nature of the neighborhood and to my mind I know everyone is proud of their
neighborhoods but from a zoning standpoint an R neighborhood is pretty much
an R neighborhood and you may be proud of yours but I am afraid none of the
residential neighborhoods to my way of thinking has inherant rights that are
superior to others, and so it looks to me as though this development and the
person who owns the land has a right to develop it if he meets the
requirements to Salina's codes. We really cannot consider whether it is a viable
project, whether it is a good idea, whether they can staff it or whether for
that matter it is aesthetically pleasing although we are certainly happy to do
so. But it is a simple matter that the person who has the land wants to use it
in a lawful way and they have met all the requirements we have imposed and so
I will certainly support it when it comes time to vote".
Commissioner Divine said, "First of all, I had a little frustration, as
the neighbors did. I am always, even to the point of irritation, when the day
of the meeting we start getting books of information that there is no way we
could read. There is a great deal of information here that we should have had
to work with. I am going to ask the staff in the future to let that be known
to people who are coming before us. It is also a common courtesy that we need
to get to. I came into the meeting today very open, but with three or four
really concerns related and one of it was, I would like to have heard if, other
than an opinion, how is this going to hurt the value of my home. And I know
this is a concern with the neighbors. This happens to be a concern with every
zoning issue. I am very much a believer that the neighborhood makes the
neighborhood, the people in the neighborhood make the neighborhood, and it is
critical for us as a commission that something intrusive does not happen. And
again the neighbors brought a great deal of very important points to those first
two or three meetings, in bringing us down to a single everything we see in
the plan is at a single level so that is does not stick out it does not, other
than the fact that the size but if you put 96 homes at 2,000 square feet you
end up with some of that same kind of sizing. Our long range plan says low
density. This is a low density. I don't believe it is the Commission's
responsibility to look at the profitability or make the business decisions related
to this or make the business decisions related to nursing homes or any other
business. If there is a concern that the state has not set up its laws in
relationship to meet the health care needs of the community, then I would hope
that the state will step up to that issue and I would hope that we as a
commission, if we are out of code, then we should bring that back at another
time and look and say what does our R-1 code have to do. I have not been
able to find in all of the discussion and all of the pictures a clear and present
danger to the existing neighborhood or a dominance to that existing
neighborhood. I literally ran the area and drove by it four or five times and
really tried hard to look at that. I have not been able to come up with a clear
and strong opinion in definition that this will have a negative impact on the
neighborhood. I think the neighborhood is made up of the people who live
there and I think that will not happen".
Commissioner Beggs said "It has been my impression listening to
members of the community due to the large amount of publicity that this issue
has received, typically, and that is good. The most frequent comment is, 'I
don't envy you'. It is a judgement call. When you listen to arguments from
individuals who are expressing opinions. I value those opinions. However, if
they are not mathematically or factually based, they become opinions and that is
it and that is one of the toughest parts, in my opinion, of a determination on
an issue such as this, because it invites opinions in both directions for and it
is extremely difficult for those of us annointed, to try to feel comfortable with
93-233
that opinion and the decision we make, but that is certainly the case in this
issue".
Commissioner Maxwell said, "May I add a couple of things, regardless
of how the vote should go, ammenities to the community, I think that it has
been shown as near as we can tell from statistics that the retirement
community, although it might approach the same amount of traffic and so on as
developing at the same density for residential, it would not probably be more
than it would be it if were developed for residential and it would be fairly
quiet except for those times when an ambulance was required on an emergency
basis. Not all ambulance runs are on an emergency basis. Single occupancy
care, in terms of residential health care facility, is highly desirable on the part
of the public. It is not always available when you want it. Most people would
like to have a room to themselves often cannot afford it and yet even when
they can afford it I'm not sure of how frequently it is available. That is
something Mr. Brown will want to check into I imagine as he gets deeper into
the needs of the community. I think that there would definitely be a decreased
impact on the school in the area and that school is having a tough time keeping
up with the growth in the area. I would like to advise the citizens of whether
or not the vote goes in favor of the project, that we do have a very serious
concern with the care of those elders who are required to be in a nursing home
facility. As a community, we need to find some way to entice people into
nursing home care as nursing home workers and as volunteers we need to do
things to help relieve the burden on the workers so that they can do the
things that only they can do so that the care in the nursing homes will be the
kind of care that people can be comfortable with. As an instructor of nursing
students in two of the facilities that are the newest and had the most room so
that we could attend there, even in those facilities, there are times when there
is not enough staff to be where you would like them to be at a time at that
particular time. The care of the elderly in nursing homes is a very serious
concern."
Moved by Commissioner Beggs, seconded by Commissioner Divine,
that the application be approved as requested by the applicant and
recommended by city staff.
Commissioner Warner asked "Does the motion include the 11th proviso
of the covenant for the single family lots"?
Greg Bengtson, City Attorney, said there were a number of factors
stated, and asked Commissioner Beggs to clarify those factors to be included in
his motion.
Commissioner Beggs said, "The motion does include the
recommendation based on comments of the Commissioners independently as to the
specifics of this application and the topics discussed and had an opportunity to
be advised of".
Commissioner Warner said, "More specifically, that we do not feel it
adversely impinges on the character of the neighborhood, that we feel it is a
suitable site for this developoment, we are comfortable that there is availability
of public facilities and services, that it does conform with our comprehensive
plan, has a low dwelling density project and that we see substantial public good
for having a project of this nature in Salina."
Commissioner Beggs confirmed the additions as part of his motion.
Commissioner Divine confirmed his second.
Commissioner Maxwell asked, "What is the process if the motion
carries for Mr. Brown in terms of further development, because the code makes
it sound like if it is approved at this level there probably wouldn't be any
other opportunity to discuss it".
Roy Dudark, Director of Planning and Community Development,
explained, "A final plan for phase 1 and phase 2, no final plan required for
the single family homes, and there would have to be a plat drawn that would
specifically show the lots and the dimensions and the requirements for
development. It would be presented to the City Planning Commission first and
then submitted to you for final approval prior to second reading of this
ordinance".
Commissioner Maxwell asked, "If he should decide that the nursing
home of that size or of the type he used in Emporia doesn't quite meet the
needs of this community and he wished to change it, how would that happen"?
93-234
93-235
93-236
Roy Dudark, Director of Planning and Community Development,
replied, "If it is a significant change, any expansion of the building or major
reconfiguration of the plan it would require another public hearing. If it were
a minor change it would not require a public hearing".
Mayor Brungardt called for a vote on Commission Action # 93-233.
Aye: (5). Nay: (0). Motion adopted.
The Mayor declared a five minute recess to clear the room. The
Commissioners recessed at 7:35 and reconvened at 7:40 p.m.
(7.1c) First Reading Ordinance Number 93-9574, providing for the
annexation of certain land in the Northeast Quarter of Section 17, T14S,
R2W. (A 24.3 acre tract of land located at the southwest corner of
Country Club Road and Holmes Road) (Requested in Annexation
Application 93-3, filed by Ted Brown)
Roy Dudark, Director of Planning and Community Development,
reviewed the application and maintenance responsibilities of both the city and
county. He said Parsons School will not be included in the annexation.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Ordinance Number 93-9574, providing for the annexation of certain land in the
Northeast Quarter of Section 17, T14S, R2W, be introduced for first reading.
Aye: (5) . Nay: (0) . Motion adopted.
(7.2) Recommendation from the City Planning Commission that Planned
Development District Application 93-5, filed by Don Allison, that the preliminary
development plan and rezoning of Lots 16, 17, 18, Block 1, Eastgate Addition
from R-2 (Multi -family Residential) to PDD/R-1 (Planned Development District),
be approved. (Introduce Ordinance Number 93-9575 for first reading.)
Roy Dudark, Director of Planning and Community Development,
reviewed the project. He said there has been no opposition and the City
Planning Commission approved the project 6-0. He said there will be no city
maintenance of the internal streets.
The Commissioners and staff discussed the adequacy of utilities in the
area and city utilities versus private utilities. They also discussed the
possibility of a park in the area in the near future.
Moved by Commissioner Warner, seconded by Commissioner Divine that
the recommendation of the City Planning Commission be accepted, that Planned
Development District Application 93-5 be approved and that Ordinance Number
93-9575, providing for the amendment of Ordinance Number 8526, the same
being Chapter 42 of the Salina Code, and the Zoning District Map therein and
thereby adopted and providing for the rezoning of certain property within the
city and prescribing the proper uses thereof, be introduced for first reading.
Aye: (5) . Nay: (0) . Motion adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 93-9572, providing for the
amendment of Ordinance Number 8526, the same being Chapter 42 of the Salina
Code, and the zoning district map therein and thereby adopted and providing
for the rezoning of certain property within the city and prescribing the proper
uses thereof; and repealing Ordinance Number 8505. (Requested in Application
#PDD93-4/4A, filed by William Chaffee, for the rezoning of Lots 1-10, Block 8,
Georgetown Addition.)
Moved by Commissioner Beggs, seconded by Commissioner Divine that
Ordinance Number 93-9572, providing for the amendment of Ordinance Number
8526, the same being Chapter 42 of the Salina Code, and the Zoning District
Map therein and thereby adopted and providing for the rezoning of certain
property within the city and prescribing the proper uses thereof; and repealing
Ordinance Number 8505, be adopted. Aye: Beggs, Divine, Maxwell, Warner,
Brungardt. (5) . Nay: (0) . Motion adopted.
Commission
KUM1n-Co Prrting—Salina.Kang
�1 'YYi 1l
93-237
93-238
93-239
(8.2) Resolution Number 93-4606, authorizing the Mayor to execute a
Special Warranty Deed from the City of Salina to Exline, Inc. which has been
the subject of an industrial revenue bond issue.
Greg Bengtson, City Attorney, reviewed the warranty deed.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Resolution Number 93-4606, authorizing the Mayor to execute a Special Warranty
Deed from the City of Salina to Exline, Inc. which has been the subject of an
industrial revenue bond issue, be adopted. Aye: (5). Nay: (0). Motion
adopted.
(8.3) Report on bids received June 8, 1993 for the Household Hazardous
Waste Building. (Award the contract to Waffle -Crete International, Inc., Hays,
Kansas, in the amount of $25,890).
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the bids received and recommended the contract be awarded to
Waffle -Crete International, Inc. of Hays, Kansas.
Moved by Commissioner Maxwell, seconded by Commissioner Beggs
that the staff recommendation be accepted and that the contract for the
Household Hazardous Waste Building be awarded to Waffle -Crete International,
Inc., Hays, Kansas, in the amount of $25,890. Aye: (5) . Nay: (0) . Motion
adopted.
None
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Warner, seconded by Commissioner Beggs that
the Regular Meeting of the Board of Commissioners be adjourned. Aye: (S).
Nay: (0) . Motion adopted. The meeting adjourned at 8:04 p.m.
Peter F. Brungardt, Mayor
[ SEAL]
ATTEST:
Jacquelfne Shiever, CMC
City Clerk