07-08-2013 MinutesCITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
July 8, 2013
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session on the 2014 budget (overview,
taxes, personnel, revenues and expenditures). 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.
' 3 Those present and comprising a quorum: Mayor Barbara V. Shirley (presiding),
Commissioners Jon R. Blanchard, Kaye J. Crawford, Randall R. Hardy, and Aaron Householter
Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager; Greg
Bengtson, City Attorney; and Lieu Arm Elsey, City Clerk
CITIZEN FORUM
Mike Wilson, 422 Jupiter Avenue, expressed his concerns of discharging of fireworks and how
it impacts adjoining properties and creation of fire hazards. Mr. Wilson then suggested that
fireworks to be shot in city parks instead of residential areas and the vendors should be
required to provide the consumer with city regulations.
Jason Gage, City Manager, explained enforcement and the fireworks curfew.
A discussion followed between Commissioners Householter and Blanchard, Mr. Wilson, and
Mayor Shirley regarding use of parks, liability, and providing public information.
Elizabeth Bonilla, 2083 Highland Avenue, commented on the City Commission's decision to
dissolve their relationship with County on the Health Department. Ms. Bonilla continued to
express concerns with the elimination of programs, affect of the community, and that the
decision was made out of haste. Commissioner Householter responded to Ms. Bonilla on the
recent proposal the City had made to the County and it being turned down, and the City's
willingness to take on the financial risk of constructing a new facility.
Commissioner Hardy commented that majority of health departments are solely county
functions and that Salina residents were paying twice for services.
Joseph Minneman asked about the status of his petition request. Michael Schrage, Deputy
City Manager, provided a brief update and that he would meet with him to discuss a timeline.
AND PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of June 28, 2013.
(6.2) Approve the minutes of July 1, 2013 (special and regular).
(6.3) Resolution No. 13-7018 appointing Josh Burt to the Community Corrections Advisory
Board and Judith Lilly to the Heritage Commission.
' (6.4) Approve Supplemental Agreement No. 1 for the Water Treatment Plant Capital
Maintenance Improvements, Project No. 13-2958 with Walters -Morgan Construction,
Inc. to revise the contract cost to $348,163 and contract time to June 30, 2014.
13-0219 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Consider an amendment of the Future Land Use Map of the Salina Comprehensive
Plan to change the future land use designation along the south side of West Crawford
Street east of Centennial Road from future Suburban Residential to future Commercial.
(7.1a) First reading Ordinance No. 13-10695.
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Dean Andrew, Director of Planning, explained the request, Comprehensive Plan, and
Planning Commission's recommendation.
A discussion followed between Commissioner Blanchard, Mr. Andrew, and City
Manager Jason Gage regarding commercial strip development and development of the
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parcel of land currently zoned R -S.
13-02V0 Moved by Commissioner Householter, seconded by Commissioner Crawford, to pass
Ordinance No. 13-10695 on first reading. Aye: (5). Nay: (0). Motion carried.
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' (7.2) Application Z13-2 (filed by Professional Engineering Consultants on behalf of Kwik
Shop) requesting a change in zoning district classification from C-5 (Service
Commercial) and unzoned road right-of-way to PC -5 (Planned Service Commercial) to
allow construction of a new, expanded Kwik Shop convenience store on the south side
of West Crawford Street between Willow Drive and Centennial Road (property
addressed as 1727 W. Crawford Street)
(7.2a) First reading Ordinance No. 13-10696.
Dean Andrew, Director of Planning, explained the request, site plan, and Planning
Commission's recommendation.
A discussion followed between the Commission and Mr. Andrew regarding the
signage use of message boards, combining green space, and signage visibility.
Isaac Krumme, Professional Engineering Consultants, spoke on the gateway entry,
building architecture site plan, maintenance, screening, and signage height.
Todd Mills, Kwik Shop, explained the importance of the sign height and visibility from
the interstate.
A discussion followed between Commissioner Blanchard, Mr. Krumme, City Engineer
Dan Stack, Commissioner Hardy, Commissioner Householter, Deputy City Manager
' Michael Schrage, and Mr. Mills regarding signage, light spill over, traffic flow,
transporting of trees, and maintenance.
13-0221 Moved by Mayor Shirley, seconded by Commissioner Householter, to recess into closed
session for 5 minutes for quasi-judicial purposes. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed at 6:00 p.m. and reconvened at 6:07 p.m.
13-0222 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to pass
Ordinance No. 13-10696 on first reading and amending Section 3(1)(b) by reducing the
maximum sign height from 70 feet to 50 feet.
Commissioner Crawford commented she did not have a problem with the 70 -foot sign,
but would support the motion.
Mayor Shirley called the question. Aye: (5). Nay: (0). Motion carried.
13-0223 Moved by Commissioner Householter, seconded by Commissioner Hardy, to move Items 8.2
and 8.3 up on the agenda. Aye: (5). Nay: (0). Motion carried.
(8.2) Authorize sale of General Obligation Bonds and Notes, Series 2013-B and 2013-1.
(8.2a) Receive report on bids received.
(8.2b) Second reading Ordinance No. 13-10701 authorizing the issuance and delivery
of Series 2013-B.
(8.2c) Resolution No. 13-7020 prescribing the form and details of and authorizing the
delivery of Series 2013-B.
(8.2d) Resolution No. 13-7021 authorizing and directing the sale of temporary notes.
Rod Franz, Director of Finance and Administration, explained the bids received, bond
rating, and projects financed. Mr. Franz introduced representatives from George &
Baum and Gilmore and Bell.
A discussion followed between Commissioner Hardy, Mr. Franz, Commissioner
Householter, and City Manager Jason Gage regarding the change in bond rating.
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13-0224 Moved by Commissioner Househotler, seconded by Commissioner Hardy, to adopt
Ordinance No. 13-10701 on second reading. A roll call vote was taken. Aye: (5) Blanchard,
Crawford, Hardy, Householter, Shirley. Nay: (0). Motion carried.
13-0225 Moved by Commissioner Householter, seconded by Commissioner Hardy, to adopt
Z Resolution No. 13-7020. Aye: (5). Nay: (0). Motion carried.
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13-0226 Moved by Commissioner Householter, seconded by Commissioner Hardy, to adopt
' 9 Resolution No. 13-7021. Aye: (5). Nay: (0). Motion carried.
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(8.3) Consider approval of the location of a proposed Wireless Communication Facility in a
PDD R-1 (Single -Family Residential) district on property addressed as 701 W. Kenwood
Park Drive (Kenwood Cove Aquatic Center).
Dean Andrew, Director of Planning, explained the request, Planning Commission's
recommendation, City Commissions previous action, and alternative locations. Mr.
Andrew and City Manager Jason Gage then responded to the Commission's questions
regarding buffering, landscape requirements, location options, and property leasing.
Chris Curtis, Recreation Superintendent, outlined the aquatic facility, and areas
planned for future expansion.
Further conversations took place with Mr. Curtis, Mr. Gage, Commissioner Blanchard,
Commissioner Householter, and Mr. Andrew regarding use of the storage building,
buffering, initial location of the 50 -meter pool, fencing, pole height, and landscaping.
Richard Gatto, Nex-Tech Wireless, spoke on the proposed locations and long term
plans within the community.
Commissioner Crawford and Commissioner Householter commented on the conditions
for approval by the Planning Commission.
13-0227 Moved by Commissioner Crawford, seconded by Commissioner Householter, to approve the
' original location and plan submitted by the applicant and recommended by the Planning
Commission with specified conditions. Aye: (5). Nay: (0). Motion carried.
(7.3) Authorize the Mayor to sign the plat and accept the offered easement, Crawford Street
right-of-way and restricted access dedications for the Kwik Shop Addition.
Dean Andrew, Director of Planning, explained the request and Planning Commission's
recommendation.
13-0228 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to authorize the
Mayor to sign the plat and accept the offered easement, Crawford Street right-of-way and
restricted access dedications for the Kwik Shop Addition. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed for a short break at 7:06 p.m. and reconvened at 7:08
p.m.
(7.4) Application Z13-4 (filed by Quail Meadows Estates, Inc.) requesting a change in zoning
district classification from PC -1 (Planned Restricted Business) to R-2 (Multi -Family
Residential) for the Quail Meadows Addition No. 3.
(7.4a) First reading Ordinance No. 13-10703.
(7.5) Authorize the Mayor to sign the plat and accept the offered easement, right-of-way and
restricted access dedications for the Quail Meadows Estates Addition No. 3.
Dean Andrew, Director of Planning, explained the request for Items 7.4 and 7.5 and
Planning Commissions recommendation.
A discussion followed between Commissioner Blanchard, Mr. Andrew and Stan
Byquist (applicant) regarding the zoning of the surrounding lots, restricted access, and
the status of the Simpson development project.
13-0229 Moved by Commissioner Crawford, seconded by Commissioner Blanchard, to pass Ordinance
No. 13-10703 on first reading. Aye: (5). Nay: (0). Motion carried.
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13-0230 Moved by Commissioner Householter, seconded by Commissioner Crawford, to authorize the
Mayor to sign the plat and accept the offered easement, right-of-way and restricted access
dedications for the Quail Meadow Estates Addition No. 3. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
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w (8.1) Resolution No. 13-7016 providing for the advisability and authorizing improvements in
h the Magnolia Hills Estates Addition and authorizing the Mayor to execute an
$ Improvement District Development Agreement.
Dan Stack, City Engineer, summarized the request, feasibility, funding, and agreement.
A discussion followed between Commissioner Blanchard, Commissioner Hardy, City
Attorney Greg Bengtson, City Manager Jason Gage, Director of Development Services
Gary Hobbie, and Director of Finance and Administration Rod Franz on financial
guarantees, delinquent special assessments, subdivision sizes, purchasing of lots that
default, secondary growth areas, financial risk, and bond ratings.
Stan Byquist, petitioner, explained the phase development of Magnolia Hills, the tax
revenue generated, and that the risk is small.
Further conversations occurred between Commissioner Blanchard, Mr. Byquist,
Commissioner Householter, and Mr. Gage on phasing of projects, private financing, lot
availability, green space growth.
Commissioner Blanchard expressed his concerns with special assessment financing.
Mr. Byquist noted that the streets that were being put in would be concrete and the life
span of the road.
A discussion followed between Mr. Gage, Commissioner Blanchard, and
Commissioner Householter regarding consenting to special assessments agreements,
city at -large funding, special assessments on sub -standard lots, double frontage lots,
' and private financing. Commissioner Householter expressed the need to review and
develop a new policy.
Mayor Shirley entertained a motion. Item died due to lack of a motion.
Mr. Stack then responded to Commissioner Blanchard's question regarding staff time
involved in the feasibility study.
13-0231 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to recess into
executive session for 10 minutes to discuss with legal counsel matters subject to the attorney-
client privilege for the reason that public discussion of those matters would waive the
privilege and adversely affect the City's interest in the matters and reconvene at 8:37 p.m.
Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 8:27 p.m. and reconvened at
8:39 p.m.
13-0232 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to reconsider
Resolution No. 13-7016. Aye: (5). Nay: (0). Motion carried.
Commissioner Householter felt that the policy that has been in place needs to be
reviewed; however, it would be unfair to developers if it was changed unexpectedly.
13-0233 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to adopt
Resolution No. 13-7016. Aye: (5). Nay: (0). Motion carried.
' 13-0234 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to add to the
agenda for consideration of a 90 -day moratorium on Resolution No. 89-4066 pertaining to the
development policy for the financing of public improvements. Aye: (5). Nay: (0). Motion
carried.
Commissioner Blanchard felt that due to conversations taken place, that a study session
is a priority.
13-0235 11 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to approve a
90 -day moratorium on Resolution No. 89-4066. Aye: (5). Nay: (0). Motion carried.
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(8.4) Request for executive session (legal).
13-0236 Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to recess into
executive session for 20 minutes to discuss with legal counsel matters subject to the attorney-
client privilege for the reason that public discussion of those matters would waive the
w privilege and adversely affect the City's interest in the matters and reconvene at 9:03 p.m.
Aye: (5). Nay: (0). Motion carried.
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CThe City Commission recessed into executive session at 8:43 p.m.
3 Mayor Shirley left at 9:44 p.m.
Commissioner Crawford left at 9:47 p.m.
The City Commission reconvened at 9:53 p.m. No action was taken.
OTHER BUSINESS
None.
ADJOURNMENT
13-0237 Moved by Commissioner Hardy, seconded by Commissioner Householter, that the regular
meeting of the Board of City Commissioners be adjourned. Aye: (3). Nay: (0). Motion carried.
The meeting adjourned at 9:53 p.m.
[SEAL]
ATTEST:
Shandi Wicks, CMC, Deputy City Clerk
O -V A f
arbara V. Shirley, Mayor
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