09-09-2013 MinutesPUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of August 26, 2013.
(6.2) Authorize a revised application to the Kansas Department of Transportation to use Safe
Routes to School federal funds for the Lakewood Middle School trail.
(6.3) Accept the withdrawal of Petition No. 4339 (filed by Les Sperling on behalf of Central
Kansas Foundation) requesting the vacation of the north 202 feet of a 25 foot north -
south alley extending between Cloud Street and Parkwood Drive in Block 1 of the
Parkwood Village Addition (Ordinance No. 12-10627).
' 13-0322 Moved by Commissioner Crawford, seconded by Commissioner Hardy, to approve the
consent agenda as presented. Aye: (4). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #A13-1 (filed by Piercy Development, LLC and Quail Meadows Estates,
Inc.) requesting annexation of agricultural land located at the southeast corner of
Schilling Road and South Ohio Street (Ryan Addition).
(7.1a) First Ordinance No. 13-10704.
Dean Andrew, Director of Planning, explained the request, infrastructure, urban
service area and the Planning Commission's recommendation.
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
September 9, 2013
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4:00 p.m.
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The City Commission convened at 3:45 p.m. in a Study Session for a Citizens Open Forum.
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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
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moment of silence.
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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 September 2013 as "National Recovery Month" in the city of Salina. Don
Greene, Pathfinder Recovery Center Senior Recovery Coach, read the proclamation and
announced upcoming events.
(3.2) The month of September 2013 as "Life Insurance Awareness Month' in the city of
Salina. Randy Russell, Insurance Agent with Solutions for Life, read the proclamation
and announced upcoming events.
(3.3) The week of September 17-23, 2013 as "Constitution Week" in the city of Salina. Karen
Buhler with the Daughters of American Revolution read the proclamation and
announced upcoming events.
(3.4) The day of September 12, 2013 as "Circles of the Heartland Day!" in the city of Salina.
Rodney Denholm with Consumer Credit Counseling Services, Inc. read the
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proclamation and announced upcoming events.
CITIZEN FORUM
Tracey Sin, 340 1/2 S. Connecticut, expressed the need for a vocational class on banking and
financing. He also thanked the city of Lindsborg for their hospitality during his recent visit
and amlounced the dates for the McPherson Scottish Festival.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of August 26, 2013.
(6.2) Authorize a revised application to the Kansas Department of Transportation to use Safe
Routes to School federal funds for the Lakewood Middle School trail.
(6.3) Accept the withdrawal of Petition No. 4339 (filed by Les Sperling on behalf of Central
Kansas Foundation) requesting the vacation of the north 202 feet of a 25 foot north -
south alley extending between Cloud Street and Parkwood Drive in Block 1 of the
Parkwood Village Addition (Ordinance No. 12-10627).
' 13-0322 Moved by Commissioner Crawford, seconded by Commissioner Hardy, to approve the
consent agenda as presented. Aye: (4). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #A13-1 (filed by Piercy Development, LLC and Quail Meadows Estates,
Inc.) requesting annexation of agricultural land located at the southeast corner of
Schilling Road and South Ohio Street (Ryan Addition).
(7.1a) First Ordinance No. 13-10704.
Dean Andrew, Director of Planning, explained the request, infrastructure, urban
service area and the Planning Commission's recommendation.
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A discussion followed between Mr. Andrew, City Manager Jason Gage, and
Commissioner Blanchard regarding consent to future special assessments, upgrades to
Commissioner Hardy expressed concerns of the impact it would have on Coronado
Elementary School.
Commissioner Blanchard questioned if there was an annexation policy. Mr. Andrew
responded by noting the Comprehensive Plan and historically annexation have been
requested by property owners and not city initiated.
Mr. Gage commented on population density, platting, and zoning of property.
' Further conversations occurred between Commissioner Blanchard, Mr. Gage, Vice -
mayor Householter, and Commissioner Hardy regarding the urban service area,
annexing property to the south, and future assessments.
Vice -mayor Householter expressed his concerns of the hardship to the taxpayer,
continuous growth to the south, and the impact on the schools.
Commissioner Hardy expressed concerns of development moving closer to Assaria
than to the downtown area; causing the downtown to loose its importance.
Ms. Tasker responded to Commissioner Householter's question regarding future utility
improvements and costs.
Commissioner Crawford felt that they were becoming a "no growth" Commission.
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Ohio Street and Schilling Road, and establishment of a benefit district.
Mr. Andrew then responded to Commissioner Blanchard's questions regarding current
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and future traffic flows on Ohio Street to Water Well Road.
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Michael Schrage, Deputy City Manager, noted the City of Salina's policy regarding
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road improvements. Further dialogue continued between Commissioner Blanchard,
Mr. Gage, and Mr. Andrew about the special assessments policy and cost sharing of the
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improvements.
Stan Byquist, Quail Meadows Estates, Inc., expressed the need for moderate priced
housing; he also commented on the improvements, anticipated project timeline, and the
willingness to share the cost of the improvements to one of the streets.
A discussion followed between Commissioner Blanchard, Greg Bengtson, City
Attorney, Commissioner Hardy, and Mr. Gage regarding the Kenwood and Oakdale
parks agreements with Saline County, retaining and acquiring park land, development
of the area, closing of the park properties, and phasing of the improvements.
Commissioner Blanchard expressed his concerns of extending the infrastructure
without the immediate need and the cost of maintaining those improvements.
A discussion followed between Commissioner Hardy, Mr. Gage, and Mr. Bengtson
regarding triggering of the City's obligation and expanding the improvements to Water
Well Road in the Kenwood Park agreement.
Mr. Andrew clarified the request and platting of the property.
A discussion followed between Commissioner Blanchard, Mr. Bengtson, Mr. Schrage,
and Martha Tasker, Director of Utilities, regarding cost sharing, improvement
estimates, and expanding of the utilities.
Mr. Byquist explained his agreement with Saline County regarding the improvements
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and financial responsibilities.
Dialogue continued with Vice -mayor HousehoIter and Mr. Bengtson regarding
execution of the agreement, surveying of parcels, and acquiring the property.
Mr. Gage commented on the cost estimates of the utilities that were provided in 2011.
Discussions continued with the Commission, Mr. Gage, and Mr. Bengtson regarding
expansion of the utilities to Water Well Road for a new Expo Center, Saline County's
project timeline, and the affect of annexing the property would have on the agreements
with Saline County.
Vice -mayor Householter expressed concerns of annexing land for residential housing
and acquiring additional cost.
Commissioner Hardy expressed concerns of the impact it would have on Coronado
Elementary School.
Commissioner Blanchard questioned if there was an annexation policy. Mr. Andrew
responded by noting the Comprehensive Plan and historically annexation have been
requested by property owners and not city initiated.
Mr. Gage commented on population density, platting, and zoning of property.
' Further conversations occurred between Commissioner Blanchard, Mr. Gage, Vice -
mayor Householter, and Commissioner Hardy regarding the urban service area,
annexing property to the south, and future assessments.
Vice -mayor Householter expressed his concerns of the hardship to the taxpayer,
continuous growth to the south, and the impact on the schools.
Commissioner Hardy expressed concerns of development moving closer to Assaria
than to the downtown area; causing the downtown to loose its importance.
Ms. Tasker responded to Commissioner Householter's question regarding future utility
improvements and costs.
Commissioner Crawford felt that they were becoming a "no growth" Commission.
Page 2
Vice -mayor Householter and Commissioner Blanchard disagreed and felt that they
were looking it as "smart growth."
Mr. Byquist commented on the flood plain, revenue and jobs generated and paybacks
created by new development. Commissioner Crawford concurred with Mr. Byquist.
E Mr. Byquist continued to inform the Commission of the benefits.
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A discussion followed between Mr. Byquist, Commissioner Blanchard, Commissioner
Hardy, and Vice -mayor Householter on the impact development has on the
' community, both short term and long term maintenance.
Mr. Gage commented on the population growth from the 2000 and 2010 census.
A discussion followed between Commissioner Blanchard, Mr. Andrew, and Mr. Gage
regarding findings of fact, conditions of approval by the Planning Commission,
Comprehensive Plan, and utility capacity.
13-0323 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, 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 6:10 p.m.
Aye: (4). Nay: (0). Motion carried.
The City Commission recessed at 6:05 p.m. and reconvened at 6:12 p.m.
13-0324 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to extend the current
executive session for an additional three minutes and reconvene at 6:15 p.m. Aye: (4). Nay:
(0). Motion carried.
The City Commission recessed at 6:12 p.m. and reconvened at 6:18 p.m.
13-0325 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to deny Ordinance
No. 13-10704 for the reasoning of the denial of the Planning Commission's recommendation is
' based on the annexation section in the Comprehensive Plan "Future community growth
through annexation should adhere to the recommendations and policies for growth and
infrastructure provision previously discussed to provide growth patterns that are an efficient
and effective use of public resources" (page 2-41 of the Comprehensive Plan). Aye: (4). Nay:
(0). Motion carried.
(7.2) Application #Z13-7 (filed by Piercy Development, LLC and Quail Meadows Estates,
Inc.) requesting a change in zoning district classification from Saline County AG
(Agricultural) to R-1 (Single -Family Residential) and PC -5 (Planned Service
Commercial) in the Ryan Addition.
(7.2a) First reading Ordinance No. 13-10705.
Item not considered due to denial of Application #13-1 and Ordinance No. 13-10704.
(7.3) First reading Ordinance No. 13-10706 amending the Future Land Use Map (Figure 2.1)
of the Comprehensive Plan to change the future land use designation of the east side of
South Cherry Street south of State Street from future Urban Residential to future
Employment.
Dean Andrew, Director of Planning, explained the request, current zoning, Broadway
Corridor, Planning Commission's recommendation, and zoning of the Wooster
property. Mr. Andrew then responded to Deputy City Manager Michael Schrage's
' question regarding the boundaries of the urban residential area.
A discussion followed between Commissioner Blanchard, Mr. Andrew, Commissioner
Hardy, Director of Utilities Martha Tasker, and City Manager Jason Gage regarding
commercial use, boundary of the city limits, development of the property to the west,
utility capacity, land use, surrounding I-2 zoning, state regulations, the Broadway
Corridor and gateways.
Vice -mayor Householter felt that the Dry Creek created a natural barrier and the
current uses did not really make this location an entryway.
Dialogue between Vice -mayor Householter, Commissioner Hardy, Commissioner
Blanchard, and Mr. Gage occurred on future development, rezoning of the area,
affordable housing close of the levee, and population density.
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Commissioner Crawford commented that she did not see this as a gateway, but an
industrial area.
Commissioner Hardy expressed concerns of inhibiting the land to the west.
Mr. Andrew then responded to Vice -mayor Householter's questions regarding the
w flood plain.
Wally Storey, applicant, felt that Broadway and Crawford are no longer main
entryways and did not foresee residential housing ever going into the area because of
h the development moving south.
U A discussion followed between the Commission and Mr. Gage regarding the
comprehensive plan, buffering requirements, zoning of the Wooster property, property
values, and lack of existing utilities.
13-0326 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to override the
recommendation of the Planning Commission and deny the requested Comprehensive Plan
amendment based on the following findings: 1). The area south of State Street and West of
Dry Creek is and should be considered a part of the Broadway Boulevard redevelopment
corridor; 2). The requested map amendment does not advance but actually moves away from
goals and policies contained in the plan regarding redevelopment of the Broadway Corridor;
3). There is no public need that would be met by amending the plan; and 4). The requested
map amendment would not upgrade and could negatively impact future development and
redevelopment of the surrounding area. Aye: (3). Nay: (1) Crawford. Motion failed due to
four affirmatives votes are required to override the Planning Commission's recommendation.
13-0327 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to return the item to
the Planning Commission for further consideration together with a statement specifying the
basis of the governing body's failure to approve or disapprove the application based on the
findings stated in the previous motion. Aye: (4). Nay: (0). Motion carried.
' The City Commission took a five minute break at 7:17 p.m. and reconvened at 7:23 p.m.
(7.4) Application #Z13-5 (filed by Wally Storey on behalf of the Gary Wooster Trust and D &
E Rentals) requesting a change in zoning district classification from RS (Residential
Suburban) to I-2 (Light Industrial) for property located on the east side of South Cherry
Street south of State Street (addressed as 1325 W. State Street and 140 S. Cherry Street).
(7.4a) First reading Ordinance No. 13-10707.
Dean Andrew, Director of Planning, explained that based on the previous action the
item could be sent back to the Planning Commission.
Ed Deathridge, applicant, explained that the real estate was purchased under the
assumption it was industrial zoning. Mr. Deathridge continued to speak of the zoning
and businesses in the surrounding area, and the traffic flow.
13-0328 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to return the item to
the Planning Commission for further consideration based on the following findings: 1). The
subject property is unsuitable for development because of a lack of utilities not because of the
current RS zoning designation; 2). No additional development should occur on Cherry Street
south of State Street until utilities are extended and the roadway of Cherry Street is upgraded;
3). A previous spot zoning to I-2 should not serve as a basis or justification for additional I-2
zoning requests; and 4). The requested I-2 zoning conflicts with the Comprehensive Plan
' which shows this area as future Urban Residential.
Commissioner Crawford felt that this area was not suitable for residential
development.
Vice -mayor Householter called the question. Aye: (3). Nay: (1) Crawford. Motion
carried.
ADMINISTRATION
(8.1) Approval of grant fund allocations for the 2013 Kansas Emergency Solutions Grant
from the Kansas Housing Resources Corporation.
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Gary Hobbie, Director of Development Services, explained the grant and allocations to
the Ashby House ($43,000), DVACK ($7,000), and the City of Salina ($1,351). Mr.
Hobbie then responded to Commissioners Crawford, Hardy, and Blanchard's questions
regarding the requests, administrative costs, and emergency housing services.
13-Oh9 Moved by Commissioner Crawford, seconded by Commissioner Blanchard, to authorize the
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grant fund allocations for the 2013 Kansas Emergency Solutions Grant as presented Aye: (4).
Nay: (0). Motion carried.
' (8.2) Award of contract for the Water Main Replacement Project - Phase V - 2010, Project
No. 10-2842D.
Martha Tasker, Director of Utilities, explained the project, bids received, and funding.
Ms. Tasker also provided the City Commission with a project update and future water
main projects.
Ms. Tasker responded to Commissioner Blanchard's question regarding the state loan
contract forms.
13-0330 Moved by Commissioner Hardy, seconded by.Commissioner Blanchard, to award the contract
for the Water Main Replacement Project - Phase V - 2010, Project No. 10-2842D to Mies
Construction, Inc. in the amount of $1,353,306 with a 5% construction contingency in a total
contract amount of $1,421,000 and waive the irregularities of the submission of the KPWSLF
forms at the time of the bid opening. Aye: (4). Nay: (0). Motion carried.
(8.3) Grand Avenue Bridge Agreement (information to be provided).
13-0331 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, 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 8:15 p.m.
Aye: (4). Nay: (0). Motion carried.
' The City Commission recessed at 8:05 p.m. and reconvened at 8:24 p.m.
13-0332 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to extend the current
executive session for an additional ten minutes and reconvene at 8:35 p.m. Aye: (4). Nay: (0).
Motion carried.
The City Commission recessed at 8:25 p.m. and reconvened at 8:35 p.m.
Greg Bengtson, City Attorney, and Jason Gage, City Manager, explained the shared
cost of the strengthening work, deck and sealing aggregated contracts, access and
closure of the bridge, access for emergency vehicles, overlaying, and maintenance
responsibility within the agreement.
Mr. Gage then responded to Vice -mayor Householter's question regarding the overlay
sealant.
Barbara Young, 1100 W. Grand, spoke on the access for emergency vehicles.
13-0333 IlMoved by Commissioner Blanchard, seconded by Commissioner Hardy, to direct counsel to
revise and submit to the Saline County commissioners the agreement of sharing cost for the
West Grand Avenue bridge with the discussed modifications. Aye: (4). Nay: (0). Motion
(8.4) Request for executive session (legal and trade secrets).
' 13-0334 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to recess into
executive session for 45 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 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 9:35 p.m. Aye: (4). Nay: (0). Motion carried.
The City Commission recessed at 8:50 p.m. and reconvened at 9:55 p.m. No action was
taken.
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13-0135
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OTHER BUSINESS
None.
ADJOURNMENT
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 9:55 p.m.
[SEAL]
AIIEbl'.
Lieu Ann Elsey, C City Clerk
Aaron Househoher, Vice -mayor
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