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08-19-2013 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 19, 2013 N 4:00 p.m. w The City Commission convened at 2:30 p.m. in a Study Session on Pavement Maintenance. 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. ' e 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 Ann Elsey, City Clerk AWARDS AND PROCLAMATIONS None. CITIZEN FORUM Steven Howe, 2202 Melrose Lane, presented the City Commission of a draft petition against the possible increase in the mill levy and expressed his concerns of the rising cost of living. A discussion followed between City Manager Jason Gage and Mr. Howe regarding the timeline for budget approval and factors that will affect the budget. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA ' (6.1) Approve the minutes of August 12, 2013. (6.2) Authorize the purchase of two wastewater pumps for Wastewater Collection from Environmental & Process Systems, Inc. in the amount of $76,874. (6.3) Authorize an agreement and adopt Resolution No. 13-7040 authorizing the City Manager to sign a request to the Kansas Department of Transportation to exchange 2013 federal funds for the East Magnolia Improvements (Project No. 10-2808). 13-0294 Moved by Commissioner Hardy, seconded by Commissioner Householter, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #Z13-8 (filed by Diane Erickson, owner of Soggy Dog Salon) requesting approval of a text amendment to Chapter 42, Article IV, Division 14 of the Salina Code to amend the C-4 Central Business District regulations to add dog kennels to the list of conditional uses. (7.1a) First reading Ordinance No. 13-10713. Dean Andrew, Zoning Administrator, explained the request and the Lee District Board of Advisor's and Planning Commission's recommendations. ' A discussion followed between the Commission, Mr. Andrew, and Mr. Gage regarding prohibited uses, placing additional conditions on a conditional use, notification to the surrounding property owners, compatibility in the downtown area, and the conditional use permit approval process. Phyll Klima, Salina Downtown, Inc., commented that the 2008 removal of dog kennels from the C-4 zoning regulations was initiated by the City Commission. She continued to explain the Lee District's position and felt that this would be a good use of the conditional use permit. Additional discussions followed between Commissioner Blanchard, Ms. Klima, Commissioner Crawford, Commissioner Hardy, and Mayor Shirley regarding land use, future requests, mixed use issues, site plan, and approval of a conditional use permit. Page 1 Commissioner Householter felt that the building was not designed for this type of use. Ms. Klima noted improvements that have been done to the building for the existing business. Commissioner Blanchard expressed his concerns regarding noise and allowing dog w kennels in the district. Greg Bengtson, City Attorney, and Mr. Andrew explained conditional uses, accessory uses, use of public right-of-way, and the Planning Commission quasi judicial role. ' Commissioner Blanchard felt it was important to determine whether a conditional use is appropriate. Discussions followed between Mr. Andrew, Commissioner Blanchard, and Mr. Gage regarding placing specific criteria in analyzing a conditional use permit request and conformance with the Strategic Plan. Commissioner Crawford suggested placing boundaries of where dog kennels would be allowed within the C-4 district, suggesting along Fourth, Fifth, Ash and Walnut. Commissioner Householter commented on state regulations for operating dog kennels Diane Erickson, applicant, commented on the request, options that are available in Salina, and their business plan. She responded to the Commission's concerns regarding noise and the state regulations; she felt that the conditional use would be a good fit. Commissioner Householter explained that this was a land use issue and would affect future requests within the C-4 district. Commissioner Hardy commended Ms. Erickson on her business philosophy; however, had concerns with future requests and outside activities for the dogs. Ms. Erickson explained kenneling in metropolitan areas and how activities and exercise ' would be provided for the dogs. John Price, Saline County Commissioner, questioned the voting requirements for zoning changes. Mr. Andrew responded by explaining the voting requirements, conditional use approval process, and appeal process. Commissioner Householter left at 5:19 p.m. and returned at 5:21 p.m. Jim Ravenkamp, property owner, commented on the request and felt the location was appropriate for this type of business. Commissioner Blanchard expressed his appreciation for the comments; however, still had concerns on the affect it would have to the surrounding properties. 13-0295 Moved by Commissioner Crawford to pass Ordinance No. 13-10713 with specific geographic area along Fourth, Fifth, Ash, Walnut, and Seventh and with a time limit of one year on first reading. Motion died due to lack of a second. A conversation followed between Commissioner Blanchard, Commissioner Crawford, and Commissioner Householter regarding the boundaries that dog kennels would be allowed. Commissioner Hardy noted the difficulties of coming to a conclusion that would satisfy every applicant. Commissioner Crawford suggested adding language for a non-traditional doggy spa. ' 13-0296 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to maintain the status quo and decide that no change should be made to the C-4 district regulations to accommodate dog kennels in the downtown business district. Aye: (3). Nay: (2) Crawford, Shirlev. Motion carried. (7.2) Application #Z13-1/PDD13-1/1A (filed by Bieberly Architects on behalf of Storage Mart, LLC) requesting a change in zoning classification from unzoned railroad right-of- way to PDD I-2 (Light Industrial) for property located on the north side of Schilling Road east of Centennial Road. (7.2a) First reading Ordinance No. 13-10714. Page 2 Dean Andrew, Zoning Administrator, explained the request, site plan, and Planning Commissioner Blanchard expressed his concerns with the gravel parking. Commissioner Hardy expressed concerns of the I-2 and felt that it should be C-5 ' zoning. Dialogue continued between Commissioner Blanchard, Commissioner Hardy, Commissioner Householter and Mr. Andrew regarding use of the I-2 zoning, lot development, landscaping, soil conditions, and use of a planned development district. Pete Earles, Earles Engineering, commented and responded to Commissioner Blanchard's questions on the paving and current condition of the soil. Commissioner Blanchard noted his concerns of not having landscaping requirements. Discussions followed between Commissioner Blanchard, Commissioner Householter, Mr. Gage, Mr. Andrew, and Deputy City Manager Michael Schrage regarding gravel parking, landscape requirements, soil conditions, existing water line, and use of a planned development district. Commissioner Crawford felt that there was not a reason to require the landscaping because of the soil conditions. Mr. Gage noted that the next item dealt with the platting of the property and infrastructure. 13-0297 Moved by Commissioner Householter, seconded by Commissioner Crawford, to pass Ordinance No. 13-10714 on first reading. Aye: (3). Nay: (2) Blanchard, Hardy. Motion carried. (7.3) Authorize the Mayor to sign the Foxboro Addition plat and accept the offered utility easement and restricted access dedications (Application #P13 -1/1A). Dean Andrew, Zoning Administrator, explained the request, Planning Commission's recommendations, and proposed plat. A discussion followed between Commissioner Hardy, Mr. Andrew, City Manager Jason Gage, and City Attorney Greg Bengtson regarding granting of the easement from the Salina Airport Authority. 13-0298 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to authorize the Mayor to sign the Foxboro Addition plat and accept the offered utility easement and restricted access dedications. Aye: (5). Nay: (0). Motion carried. Page 3 Commission's recommendation. A discussion followed between Commissioner Hardy and Mr. Andrew regarding tO electrical connections, I-2 zoning, paving requirements, placement of the business, site dimensions, and curb cuts. Commissioner Hardy felt that the business was shoe- horned into the location. a Mr. Andrew then responded to Commissioner Blanchard's question regarding o frontage, ingress, egress, and cul-de-sac requirements and Commissioner Householter's ' question regarding the easement dedication. Dialogue followed between Commissioner Blanchard, Mr. Andrew, Commissioner Householter, City Manager Jason Gage regarding surfacing requirements, connectivity, property ownership, placement of trails, property access, development of the lot, property taxing, and easement dedications. The City Commission recessed for five minutes at 6:16 p.m. and reconvened at 6:24 p.m. Commissioner Blanchard and Mr. Andrew discussed C-5 and I-2 zoning, nonclimatized storage, utility requirements, and site usage. Dave Bierberly, applicant, responded to the Commissions concerns regarding access to the Brown's property, land use, I-2 zoning, surfacing, and buffering. Mr. Bierberly also responded to additional questions from Commissioner Blanchard regarding lot paving and mentioned the possibility of surplus property to be used for rails to trails. Mr. Gage noted the possible need to look at mini -storage standards in the future and affect on the gateways. Commissioner Blanchard expressed his concerns with the gravel parking. Commissioner Hardy expressed concerns of the I-2 and felt that it should be C-5 ' zoning. Dialogue continued between Commissioner Blanchard, Commissioner Hardy, Commissioner Householter and Mr. Andrew regarding use of the I-2 zoning, lot development, landscaping, soil conditions, and use of a planned development district. Pete Earles, Earles Engineering, commented and responded to Commissioner Blanchard's questions on the paving and current condition of the soil. Commissioner Blanchard noted his concerns of not having landscaping requirements. Discussions followed between Commissioner Blanchard, Commissioner Householter, Mr. Gage, Mr. Andrew, and Deputy City Manager Michael Schrage regarding gravel parking, landscape requirements, soil conditions, existing water line, and use of a planned development district. Commissioner Crawford felt that there was not a reason to require the landscaping because of the soil conditions. Mr. Gage noted that the next item dealt with the platting of the property and infrastructure. 13-0297 Moved by Commissioner Householter, seconded by Commissioner Crawford, to pass Ordinance No. 13-10714 on first reading. Aye: (3). Nay: (2) Blanchard, Hardy. Motion carried. (7.3) Authorize the Mayor to sign the Foxboro Addition plat and accept the offered utility easement and restricted access dedications (Application #P13 -1/1A). Dean Andrew, Zoning Administrator, explained the request, Planning Commission's recommendations, and proposed plat. A discussion followed between Commissioner Hardy, Mr. Andrew, City Manager Jason Gage, and City Attorney Greg Bengtson regarding granting of the easement from the Salina Airport Authority. 13-0298 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to authorize the Mayor to sign the Foxboro Addition plat and accept the offered utility easement and restricted access dedications. Aye: (5). Nay: (0). Motion carried. Page 3 ADMINISTRATION (8.1) Second reading Ordinance No. 13-10710 levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances. N Mayor Shirley noted that Ordinance No. 13-10710 was passed on first reading on w August 12, 2013 and since that time no comments have been received. Michael Schrage, Deputy City Manager, explained the modification of the ordinance due to granting of an appeal. 13-0Z)9 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to adopt Ordinance No. 13-10710 on second reading as amended. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Hardy, Householter, Shirley. Nay: (0). Motion carried. (8.2) Second reading Ordinance No. 13-10711 amending Sections 2-240 and 2-241 of the Salina Code establishing and affirming petty cash and working (change) funds. Mayor Shirley noted that Ordinance No. 13-10711 was passed on first reading on August 12, 2013 and since that time no comments have been received. 13-0300 Moved by Commissioner Householter, seconded by Commissioner Hardy, to adopt Ordinance No. 13-10711 on second reading. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Hardy, Householter, Shirley. Nay: (0). Motion carried. (8.3) Second reading Ordinance No. 13-10712 granting a telecommunications franchise to Wildflower Telecommunications, LLC (dba Idea Tek). Mayor Shirley noted that Ordinance No. 13-10712 was passed on first reading on August 12, 2013 and since that time no comments have been received. 13-0301 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to adopt Ordinance No. 13-10712 on second reading. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Hardy, Householter, Shirley. Nay: (0). Motion carried. ' (8.4) Award of contract for the East Magnolia Landscape, Project No. 13-2997. Dan Stack, City Engineer, explained the project, bid received, and funding. Conversations followed between Commissioner Blanchard, Mr. Stack, Commissioner Hardy, Commissioner Householter, Director of Parks and Recreation Dion Louthan, and City Manager Jason Gage regarding the number of bids received, project timeline, and spring planting. Commissioners Blanchard, Crawford, and Householter noted that they were in favor of rebidding the project. 13-0302 Moved by Commissioner Hardy, seconded by Commissioner Crawford, to reject the bids and direct staff to rebid the work to be done in the spring. Aye: (5). Nay: (0). (8.5) Authorize a partnership agreement with Saline County for the joint funding of repairs to the Grand Avenue Bridge. Jason Gage, City Manager, explained the current condition of the bridge, project, and funding. John Price, Saline County Commissioner, commented on the area getting cleaned up to allow emergency access and project funding. Barbara Young, 1100 W. Grand, expressed her concerns with access to their property and hoped to see the clean up continue. 13-0303 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to direct staff and legal counsel to prepare a partnership agreement with Saline County for the joint funding of repairs to the Grand Avenue bridge to be presented to the City Commission for formal approval at the August 26, 2013 meeting. Aye: (5). Nay: (0). Motion carried. (8.6) Resolution No. 13-7028 authorizing a land lease agreement with Nex-Tech for the location of a wireless communication facility at the Kenwood Cove Aquatic Facility (located at 701 W. Kenwood Park Drive). Page 4 Dion Louthan, Director of Parks and Recreation, explained the approval of the special permit and the proposed agreement. Richard Gaito, NexTech Wireless, responded to Commissioner Hardy's questions regarding placement of the tower and radiation discharge. w Mr. Louthan then responded to Commissioner Blanchard's question regarding compensation, term of the agreement, and whether the tower would interfere with any radio equipment at the Bicentennial Center. ' 13-0304 Moved by Commissioner Householter, seconded by Commissioner Hardy, to adopt Resolution No. 13-7028. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Commissioner Blanchard requested that a resolution be drafted to show support for maintaining tax exemption for municipal bonds. The City Commission had a consensus to direct staff to draft the resolution for consideration. (8.7) Request for executive session (legal). 13-0305 Moved by Commissioner Blanchard, seconded by Commissioner Householter, 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 privilege and adversely affect the City's interest in the matters and reconvene at 8:05 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed at 7:45 p.m. and reconvened at 8:09 p.m. 13-0306 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to extend the current executive session for an additional 10 minutes and reconvene at 8:20 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed at 8:10 p.m. and reconvened at 8:25 p.m. ' 13-0307 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to accept the latest offer from Saline County regarding to Health Department and direct staff to draft a settlement agreement in accordance. Aye: (5). Nay: (0). Motion carried. ADJOURNMENT 13-0308 Il Moved by Commissioner Hardy, seconded by Commissioner Blanchard, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 8:26 p.m. [SEAL] Ann Elsey, Clerk Barbara V. Shirley, Mayor Page 5