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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. Page 1 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS September 9, 2013 N 4:00 p.m. w The City Commission convened at 3:45 p.m. in a Study Session for a Citizens Open Forum. = 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 N moment of silence. 1 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 ' 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. Page 1 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. Page 2 Ohio Street and Schilling Road, and establishment of a benefit district. Mr. Andrew then responded to Commissioner Blanchard's questions regarding current a and future traffic flows on Ohio Street to Water Well Road. w Michael Schrage, Deputy City Manager, noted the City of Salina's policy regarding a road improvements. Further dialogue continued between Commissioner Blanchard, Mr. Gage, and Mr. Andrew about the special assessments policy and cost sharing of the g 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 ' 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. w 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. Page 3 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. Page 4 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 a 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. Page 5 I 13-0135 8 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 Page 6