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10-21-2013 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 21, 2013 4:00 p.m. w The City Commission convened at 2:30 p.m. in a Study Session on a Privately Funded Economic Analysis of the Smoky Hill River Renewal Mast Plan. 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. 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 Tammy Hunnell with the American Red Cross thanked the employees of the fire and police departments for their efforts in the Battle of the Badges blood drive and the Guns and Hoses event. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing regarding the Kansas Public Water Supply Loan Fund to finance improvements to the water distribution system. (5.1a) Resolution No. 13-7045. Mayor Shirley opened the public hearing. Martha Tasker, Director of Utilities, explained the project, water distribution system, cost estimates, loan requirements, and financing options. A discussion followed between Ms. Tasker and Commissioners Householter, Hardy, and Blanchard regarding construction contingencies, loan originating fee, project phasing, and infrastructure maintenance and repair. Ms. Tasker continued with the staff report outlining the City Commission's options. There being no further comments, the public hearing was closed. 13-0364 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to adopt Resolution No. 13-7045. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of October 7, 2013. (6.2) Resolution No. 13-7050 appointing members to the Accessibility Advisory Board, Building Advisory Board, and Parks and Recreation Advisory Board. (6.3) Rescind first reading approval of Ordinance Nos. 09-10492 and 09-10493 annexing and rezoning the proposed Wheatland Hills Addition. ' (6.4) Rescind first reading approval of Ordinance No. 09-10506 rezoning the proposed Welsh Addition. (6.5) Acknowledge completion of the Grand Avenue bridge structural component and authorize payment to Saline County for one-half the share of the project cost in the amount of $48,104.94. Commissioner Blanchard requested that Items 6.3 and 6.4 be removed from the consent agenda. 13-0365 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to approve the remaining items from the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. Dean Andrew, Planning and Zoning Administrator, explained the annexing and Page 1 zoning requests for Item 6.3, Planning Commission's recommendation, and lapse of the platting to move the items to second reading. A discussion followed between Commissioner Blanchard and Mr. Andrew regarding housing market conditions, water supply to the area, and the proposed number of single family lots. Mr. Andrew then responded to Mayor Shirley's question regarding the expiration of application. 13-OV6 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to approve the portion of Item 6.3 rescinding first reading approval of Ordinance No. 09-10492 annexing the 0 proposed Wheatland Hills Addition. Aye: (5). Nay: (0). Motion carried. 13-0367 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to approve the portion of Item 6.3 rescinding first reading approval of Ordinance No. 09-10493 rezoning the proposed Wheatland Hills Addition. Aye: (5). Nay: (0). Motion carried. Dean Andrew, Planning and Zoning Administrator, explained the request, Planning Commission's recommendation, and expiration of the application in Item 6.4 Todd Welsh, 221 S. Morris Drive, explained that the cost of infrastructure, agricultural deferred special assessments, and development of the housing in another area. 13-0368 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to approve Item 6.4 rescinding first reading of Ordinance No. 09-10506 rezoning the proposed Welsh Addition. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION None. DEVELOPMENT BUSINESS (8.1) Application #M13-6 (filed by Wally Storey on behalf of D & E Rentals) requesting an amendment to 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. (8.1a) First reading Ordinance No. 13-10706. Dean Andrew, Planning and Zoning Administrator, explained the request, Broadway Corridor, previous City Commission's action, Planning Commission's recommendations from the July 16, 2013 and September 17, 2013 meetings. A discussion followed between Commissioner Blanchard and Mr. Andrew regarding conducting a study of the area, trends, utilities, and the corridor. Jason Gage, City Manager, commented on mixed uses, Broadway corridor, and property expansion. A discussion followed between Commissioner Hardy, Mr. Gage, Commissioner Householter, and Mr. Andrew regarding making the property more attractive to developers, expansion of utilities, community aesthetics, land expansion, buffering, and surrounding land use. Ed Deathridge, applicant, spoke on the lack of utilities, zoning and land use of the surrounding area and improvements and clean up that has been done on the property. A discussion followed between Commissioner Blanchard and Mr. Deathridge ' regarding ownership of the property, land use, surrounding zoning, and business trends within the area. Mr. Deathridge commented that he was under the impression that the property was industrial zoned prior to purchasing the property. Commissioner Householter asked the applicant if he sought legal counsel regarding the misrepresentation of the zoning of the property. Wally Storey, applicant, commented on the current use of the property and the surrounding area. Mr. Storey did not believe that residential housing will develop in the area. Commissioner Blanchard commented on the adopted comprehensive plan and the importance of following the plan and looking at the area as a whole instead of piece by piece. Page 2 Commissioner Crawford stated that she appreciated Commissioner Blanchard's comments, but did not feel that this area is considered part of the entryway. Commissioner Householter agreed with Commissioner Blanchard's view of the importance of following the plan and not piecing in zoning districts. W Mr. Gage spoke on the annexing of the property and the importance for the q Commission to looking for the long term use of the area. N & Commissioner Crawford felt that the area should be industrial. A ' = A discussion followed between Commissioner Hardy, Mr. Deathridge, and Commissioner Householter regarding future development of the property and gateways. Dennis Ronneck, 1101 State Street, commented on the past uses of the surrounding property, recent improvements done to the property and his support of the change in zoning. 13-0369 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to deny the application with the findings stated at the August 26, 2013 City Commission meeting. Aye: (3). Nay: (2) Crawford, Shirley. Motion carried. (8.2) Application #Z13-5 (filed by Wally Storey on behalf of 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 addressed as 1325 W. State Street and 140 S. Cherry Street. (8.2a) First reading Ordinance No. 13-10707, Dean Andrew, Plarming and Zoning Administrator, explained the request, zoning uses, paving requirements and the Planning Commission's recommendation. Mr. Andrew then responded to Commissioner Householter's question regarding RS, R-1, and Agricultural zoning districts. ' 13-0370 Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to deny Application #Z13-5 with the findings stated at the August 26, 2013 City Commission meeting. Commissioner Blanchard referred back to the findings, reciting Finding #3, "A previous spot zoning to I-2 should not serve as a basis or justification for additional I-2 zoning requests." Mayor Shirley called the question. Aye: (3). Nay: (2) Crawford, Shirley. Motion carried. (8.3) Application #M13-8 (filed by the Salina City Planning Commission) requesting an amendment of the Future Land Use Map (Figure 2.1) of the Comprehensive Plan by substituting a parcel based, internally produced Future Land Use Map that would more clearly define the land use boundaries in the community for the current Future Land Use Map. (8.3a) First reading Ordinance No. 13-10721. Dean Andrew, Planning and Zoning Administrator, explained the request and the Planning Commission's recommendation. Mr. Andrew then responded to Commissioner Hardy's question regarding spot zoning. ' Commissioner Blanchard expressed his appreciation for staffs work on this item. Stan Byquist, 2601 S. Ohio, questioned the zoning at Schilling and Ohio and Markley and Magnolia. Mr. Andrew responded. 13-0371 Moved by Commissioner Householter, seconded by Commissioner Hardy, to pass Ordinance No. 13-10721 on first reading. Aye: (5). Nay: (0). Motion carried. Mayor Shirley requested a five minute break at 6:05 p.m. The City Commission reconvened at 6:10 p.m. Page 3 (8.4) Resolution No. 13-7049 authorizing a First Amendment to Workforce Housing Development Agreement with Todd Welsh, Inc. relating to the proposed construction of basements in seven of the 27 workforce housing units to be constructed in the N Pheasant Ridge Subdivision No. 2. Gary Hobbie, Director of Development Services, explained the current and amended agreement, cost estimates, and project funding. A conversation followed between Commissioner Hardy, Mr. Hobbie, City Manager ' o Jason Gage, and Commissioner Blanchard regarding the price range of the housing, average price for single family home within the community, salary requirements, income median, and grant funding. Todd Welsh, 221 S. Morris Drive, provided a project update. He continued to explain the need for elevating the land. Further discussions followed between Commissioner Blanchard, Mr. Welsh, Mr. Hobbie, Deputy City Manager Michael Schrage, Mr. Gage, Commissioner Householter, and City Attorney Greg Bengtson regarding elevation requirements, special assessment costs and financing, HUD contingencies, flood plain requirements and designations, land acquisition, engineering costs, housing price range for workforce housing, and the development agreement. 13-0372 Moved by Commissioner Crawford, seconded by Mayor Shirley, to adopt Resolution No. 13- 7049. Commissioner Hardy felt that this was a workable solution to this situation. Commissioner Blanchard suggested that the recitals of the agreement be amended. 13-0373 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to amend Recital D in the First Amendment Workforce Housing Development Agreement by removing "increase the marketability and diversity of the overall development, while maintaining the ' affordability" and replacing it with "correct engineering and maintain affordability." Aye: (5). Nay: (0). Motion carried. Mayor Shirley called the question of the amended Motion No. 13-0372. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Commissioner Hardy congratulated Lieu Ann Elsey, City Clerk, for being recognized for being with the organization for 15 years. (9.1) Request for executive session (legal). 13-0374 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to recess into executive session for 30 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 7:40 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:10 p.m. and reconvened at 8:17 p.m. No action was taken. ADJOURNMENT ' 13-0375 Moved by Commissioner Householter, seconded by Commissioner Hardy, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 8:17 p.m. [SEAL] Aaro Householter, Vice -mayor Lieu Arm Elsey, CMC, Clfy Clerk Page 4