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09-23-2013 MnutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS September 23, 2013 N 4:00 p.m. z w The City Commission convened at 3:45 p.m. in a Study Session for a Citizens Open Forum. A 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. U Those present and comprising a quorum: Vice -mayor Aaron Householter (presiding), Commissioners Jon R. Blanchard, Kaye J. Crawford, Randall R. Hardy Absent: Mayor Barbara V. Shirley 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 (3.1) The month of October 2013 as "Breast Cancer Awareness Month" in the city of Salina. Gayle Rose read the proclamation and announced upcoming events. (3.2) Recognition of Yvonne Gibbons being named the recipient of the 2013 Dorothy Woodin Award. Del Meier, Health Department, explained the award and read a biography on Ms. Gibbons. Ms, Gibbons thanked everyone for their support. CITIZEN FORUM None. AGENDA (6.1) Approve the minutes of September 12, 2013. Approve the minutes of September 16, 2013. Resolution No. 13-7044 appointing members to various boards and commissions. Page 1 PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME ' (5.1) Public hearing and report on an application for property tax exemption submitted by Twin Oaks Industries for their facilities at 2001 West Grand Avenue. (5.1a) Resolution No. 13-7043. Vice -mayor Householter opened the public hearing. Dean Andrew, Director of Planning, explained the request, expansion, cost -benefit analysis, and proposed resolution. A discussion followed between Tim Ochs, applicant, Commissioner Hardy, and Commissioner Blanchard regarding current employee base, expansion needs, and the length of time at the current locations. Vice -mayor Householter noted the assistance the applicant would be providing during the Grand Avenue bridge project. Dennis Lauver, Chamber of Commerce, thanked everyone involved and urged the Commission to support the request. Mr. Gage then responded to Commissioner Blanchard's question regarding current property tax exemptions granted. There being no further comments, the hearing was closed. 13-0344 Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to adopt Resolution No. 13-7043. Aye: (4). Nay: (0). Motion carried. AGENDA (6.1) Approve the minutes of September 12, 2013. Approve the minutes of September 16, 2013. Resolution No. 13-7044 appointing members to various boards and commissions. Page 1 (6.4) Award of contract for the replacement of concrete at the Carver Center Neighborhood Center (Project No. 13-3001) to Davis Concrete Construction in the amount of $14,741.95. (6.5) Authorize the purchase of a Stryker PowerPro EMS cot and a Stryker EMS w StairChair from K & L Safety in the amount of $15,558. 13-0345 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. ' DEVELOPMENT BUSINESS (7.1) First reading Ordinance No. 13-10717 amending Section 42-303 of the Salina Zoning Ordinance - Conditional Uses in the C-4 (Central Business) district to reinsert language that was inadvertently omitted in a 2008 zoning text amendment. Dean Andrew, Director of Planning, explained the corrective action and proposed amendment. Mr. Andrew then responded to Commissioner Blanchard's question regarding small animal hospitals. -Mr. Andrew also responded to Commissioner Hardy's question regarding the amendment would place restrictions of exercising of pets in the district. Mr. Andrew clarified that it would not. Judy Larson, 715 N. 9a,, questioned placement of conditions. Mr. Gage explained the conditional use permit process. 13-0346 Moved by Commissioner Crawford, seconded by Commissioner Hardy, to pass Ordinance No. 13-10717 on first reading to reinsert dog kennels and small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure as a conditional use in the C-4 district. Aye: (4). Nay: (0). Motion carried. 1 13-0347 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to declare an emergency exists for second reading on the same day. Aye: (4). Nay: (0). Motion carried. 13-0348 Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to adopt Ordinance No. 13-10717 on second reading. A roll call vote was taken. Aye: (4) Blanchard, Crawford, Hardy, Householter. Nay: (0). Motion carried. (7.2) Application No. Z13-6 (filed by the Salina Planning Commission) requesting amendment of Article IV General Use Regulations amending Section 42-58(2), Bulk Regulations for Accessory uses and structures, pertaining to storage sheds. (7.2a) First reading Ordinance No. 13-10718. Dean Andrew, Director of Planning, explained the request, proposed amendment, and Planning Commission's recommendation. A discussion followed between the Commission, Mr. Andrew, and City Manager Jason Gage regarding permit requirements, cost for a location permit, relocating of existing sheds, current regulations, variances, fencing, setbacks, enforcement, anchoring, and aesthetics standards, and placement in the easement. Tracey Sin, 340 1/2 S. Connecticut, expressed his concerns regarding structural ' inspections and relocating existing sheds. Mr. Andrew responded. Sherry Denton, 2524 Bret, expressed her concerns of shallow lots during the platting and her support of the ordinance. Ms. Denton then responded to Commissioner Hardy's and Commissioner Blanchard's questions regarding shed size and aesthetics. Mr. Sin again spoke on the costs of relocating the structures. Jeff Denton, 2524 Bret, urged the City Commission to approve the text amendment; he felt that the newer buildings are more aesthetically pleasing. Commissioner Hardy expressed his concerns of requiring fencing. Vice -mayor Householter felt that is important to make what currently exists better. Page 2 Dialogue continued between the Commission, Mr. Gage, Mr. Andrew, Director of Development Services Gary Hobbie, and City Attorney Greg Bengtson regarding enforcement, variances, setbacks, appeals process, restricted covenants, location permit, fencing, utility easements, and locating costs. 13-0149 Moved by Commissioner Crawford, seconded by Commissioner Hardy, to return w Application #Z-13-6 to the Planning Commission for further exploration of the minimum thresholds for when and where residential storage sheds should be allowed on the non- , o address side of residential corner lots including minimum setbacks, building height limits g and aesthetic standards for storage sheds and to consider text amendments that would prohibit all storage sheds from being located in utility easements and modify the definition of front yard to insure that storage sheds cannot be placed between the front of a house and the street. Aye: (4). Nay: (0). Motion carried. The City Commission took a five minute break at 6:25 and reconvene at 6:30. (7.3) First reading Ordinance No. 13-10719 granting final approval of a property tax exemption for Great Plains Manufacturing, Inc. Dean Andrew, Director of Planning, explained the project and exemption. James Hall, Great Plains Manufacturing, commented on the project and thanked staff. Mr. Hall also responded to Commissioner Hardy's question regarding job creation and Commissioner Blanchard's question regarding on how the new space would be utilized. 13-0350 Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to pass Ordinance No. 13-10719 on first reading. Aye: (4). Nay: (0). Motion carried. ' (8.1) Second reading Ordinance No. 13-10715 amending Sections 8-175 and 8-189 of Chapter 8, Article III, Divisions 2 and 3 of the Salina Code pertaining to continuing education requirements. Greg Bengtson, City Attorney, asked the Commission to postpone this item until October 7, 2013 for legal review. 13-0351 Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to postpone second reading of Ordinance No. 13-10715 until October 7, 2013. Aye: (4). Nay: (0). Motion carried. Authorize the purchase of a replacement playground structure for Country Club Park, Dion Louthan, Director of Parks and Recreation, explained the purchase, bid and GSA pricing, and funding. Mr. Louthan also responded to the Commission's questions regarding accessibility, surfacing, bids received, use of the existing structures, and utilizing the non -lowest bid. 13-0352 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to authorize the purchase of the Landscape Structures playground equipment from ATHCO in the amount of $21,454.90. Aye: (4). Nay: (0). Motion carried. (8.3) Consider extension of the 60 -day moratorium on Resolution No. 89-4066. The policy which provides guidelines for the use of special assessments. Jason Gage, City Manager, explained the current moratorium and the request for the extension until December 5, 2013 to allow time for public input. Mike Hoppock, 914 Oak Lane, explained that the development community has been putting information together and supported the 60 -day extension. John Bossemeyer, 2656 Key Avenue, request that the extension of the moratorium be approved. Vice -mayor Householter commented on the Comprehensive Plan, redeveloping of existing areas, and looking for other funding tools. Page 3 13-0353 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to authorize a 60 - day moratorium on Resolution No. 89-4066 and to expire on December 5, 2013. Aye: (4). Nay: (0). Motion carried. (8.4) Request for executive session (real estate, trade secrets, and legal). Z a 13-054 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to recess into y executive session for 60 minutes to discuss with legal counsel matters subject to the oattorney-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, to discuss matters pertaining to the acquisition of real estate for the reason that public discussion of the matter would adversely affect the City's position in relation to acquisition of the real estate, and to discuss confidential data relating to the financial affairs and trade secrets of a corporation for the reason that public discussion of the information would competitively disadvantage the corporation and reconvene at 8:10 p.m. Aye: (4). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:10 p.m. Commissioner Crawford left at 8:45. The City Commission reconvened at 9:13 p.m. No action was taken. OTHER BUSINESS W�� ADJOURNMENT 13-0355 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, that the regular meeting of the Board of City Commissioners be adjourned. Aye; (4). Nay: (0). Motion ' carried. The meeting adjourned at 9:13 p.m. [SEAL] Barbara V. Shirley, Mayor ATTEST: Lieu Ann Elsey, CM City Clerk Page 4