08-24-2015 MinutesC
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
August 24, 2015
4:00 p.m.
The City Commission convened at 3:45 p.m. for Citizens Forum.
The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in! Room 107,
City -County Building. Roll call was taken followed by the Pledge of Allegiance and a moment of
silence.
Those present and comprising a quorum: Mayor Jon R. Blanchard (presiding), Commissioners
Kaye Crawford, Trent Davis, Randall Hardy, and Karl Ryan.
Also present: Jason Gage, City Manager; Michael Schrage, Deputy City Manager; Greg Bengtson,
City Attorney; and Miki Orr-Muths, Administrative Assistant III.
AWARDS AND PROCLAMATIONS
(3.1) The month of September 2015 as "Recovery Month" in the city of Salina. Don
Greene, Senior Recovery Coach, read the proclamation and shared upcoming events.
I CITIZEN FORUM
None.
I PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing for S & B Motels Community Improvement District (CID) Petition.
(5.1a) First reading Ordinance No. 15-10795 approving the S & B South Ninth Community
Improvement District.
(5.1b) Resolution No. 15-7278 amending Resolution No. 15-7267 to provide notice of
public hearing on the advisability of creating the S & B South Ninth Community
Development District.
Mayor Blanchard opened the public hearing.
Jason Gage, City Manager, explained the S & B Motels CID petition, Ordinance No. 15-
10795 for approving the S & B South Ninth CID and Resolution No. 15-7278, notice of
public hearing on the advisability of creating the South Ninth CID. Mr. Gage explained
how the project meets the requirements of Kansas law and the City's CID policy and how it
fulfills the objectives for commercial development within the community and the fiscal
responsibility of the parties involved.
Commissioner Hardy asked if there was a history of CID in the state for Area of Change.
Mr. Gage responded by stating yes that various forms of the CID were a common tool.
Chris Sook, attorney for S & B Motels, addressed the Commission regarding the history of S
& B Motels, and what they were hoping to accomplish at the new location as a Hilton
Garden Inn and Convention Center. He addressed the CID sales tax incentive. Mr. Shook
stated 70%-80% of the work for the project would be completed by local contractors. (There
was a show of hands from local contractors in the audience who supported the project.)
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Abner Perney,101 Overhill Road, spoke against the project; he felt it was not an advantage.
Mr. Gage responded by speaking about the increased sales tax and how the capitol cost
obligation offsets the cost. Mr. Gage stated currently there were 56 CIDs in the state and
they were for hotels.
Commissioner Davis asked about the 2% increased sales tax. Mr. Gage stated that the sales
tax will be collected by state, given back to the City and paid to the developer.
Commissioner Crawford addressed the bed tax and the increased 2% sales tax for the
Hilton Garden Inn and Convention Center and that 14% combined taxes would be charged
to the consumers who stayed at the hotel.
A conversation ensued between Commissioners and Mr. Gage regarding the extra 2% and
how it affects the community.
Commissioner Davis asked if the 2% would be reflected on the bill and state or explain
what it was for. Mr. Shook stated that it would be listed on the bill.
Commissioner Hardy asked if all 3 hotels in the S & B Motels are a part of the convention
center. Mr. Shook stated that there was a convenience to having other properties in the
nearby vicinity to handle overflow.
Commissioner Hardy stated that Mr. Perney had a point that if the properties were sold,
would the CID pass on. Mr. Shook stated the CID goes with the property.
Mayor Blanchard stated that he felt it has been a goal for the community to have a
convention center. He asked if the Hilton Garden Inn and Convention Center would
interfere with the new plans for development in the downtown area. Mr. Shook stated it is
difficult to know for sure what a project will turn into from its original concept, but in
general anything that was going to benefit Salina, would also benefit the developer.
Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Resolution No. 15-
7278 providing notice of public hearing on the advisability of creating the S & B South Ninth
Community Improvement District. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Hardy, seconded by Commissioner Crawford, to postpone consideration
of Ordinance No. 15-10795 approving the S & B South Ninth Community Improvement District on
first reading until September 14, 2015. Aye: (3) Ryan, Crawford, Hardy. Nay: (2) Blanchard,
Davis. Motion passed.
Mr. Shook asked for clarification that the second reading could be on the same day as the
first reading. Mr. Gage clarified that first and second reading may happen on the same day.
Greg Bengtson, City Attorney, clarified that the applicant would be responsible to declare
that compelling public interest exists to allow first and second reading on the same day for
Ordinance No. 15-10795.
There being no further comments for the public hearing, the hearing will continue on
September 14, 2015 at 4:00 pm
�d by Commissioner Davis, seconded by Commissioner Ryan, to continue the public hearing
September 14, 2015. Aye: (5). Nay: (0). Motion passed.
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CONSENT AGENDA
(6.1) Approve the minutes of August 17, 2015.
(6.2) Approve Resolution No. 15-7276 appointing members to various boards and
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(6.3) Approve Mayor to authorize Change Order No. 2 for Drilling and Aquifer Testing
Support -Site Wide Remedial Investigation to GSI Engineering, LLC, Wichita, KS in
the amount of $8,364.00; Change Order No. 4 for Laboratory Support -Site Wide
N Remedial Investigation to Continental Analytical Services, Inc., Salina, KS in the
amount of $8,759.75 and; Change Order No. 4 for Surveying Support -Site Wide
Remedial Investigation to Wilson & Company, Inc., Engineers & Architects, Salina,
KS in the amount of $2,444.00.
(6.4) Authorize the Mayor to sign the Non -Federal -Aid Agreement for construction
engineering inspection services provided by the City for the Lakewood Safe Routes
to School Trail, KDOT Project No. 85 U-0222-01, Salina Project No. 14-3024.
(6.5) Approve Resolution 15-7279 awarding contract for the Lakewood Middle School
Safe Routes to School, KDOT Project No. 85 U-0222-01, Salina Project No. 14-3024
and authorize the Mayor to sign the federal aid authority to award contract
commitment of city funds document.
15-0338 Moved by Commissioner Hardy, seconded by Commissioner Davis, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Award contract for the Sanitary Sewer Cleaning and Inspection, Project No. 15-3074
to Mayer Specialty Services, LLC of Goddard, KS in the amount of $166,231 with 5%
Construction Contingency of $174,550.
Martha Tasker, Director of Utilities, explained the contract for Sanitary Sewer Cleaning and
Inspection. Ms. Tasker explained the three (3) contractor bids and recommended that
Mayer Specialty Services, LLC, be awarded the bid. They had exceptional references and
that the lowest bidder did not provide all of the necessary documents that were required
for the bidding process.
Commissioner Hardy asked if we have a prequalification process for bids. Ms. Tasker
stated that we did not, but the bid packet requested certain documents and that the City
has the right to reject any bids.
Mayor Blanchard asked Ms. Tasker about her process in choosing bidders. Ms. Tasker
stated they were familiar with most bidders, but did look into references of new bidders.
Mayor Blanchard asked about the new recreation center area that was on the map for the
project. Ms. Tasker stated that the item will drop off the project scope; the map was drawn
prior to the approval of the recreation center.
No public comment was given.
15-0339 Moved by Commissioner Crawford seconded by Commissioner Ryan, to award contract for the
Sanitary Sewer Cleaning and Inspection, Project No. 15-3074 for Mayer Specialty Services, LLC of
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Goddard, KS in the amount of $166,231 with 5% Construction Contingency of $174,550. Aye: (5).
Nay: (0). Motion carried.
(7.2) First reading Ordinance No. 15-10794 incorporating by reference the 2015 Edition of
the Standard Traffic Ordinance and amending current provisions regarding Right-
of-Way/Yard parking.
(7.2a) First Reading Ordinance No. 15-10794.
(7.2b) Declare a compelling public interest exists to allow first and second reading
on the same day. (At the discretion of the Governing Body).
(7.2c) Second reading Ordinance No. 15-10794. (At the discretion of the Governing
Body).
Greg Bengtson, City Attorney, stated the Standard Traffic Ordinance (STO) was given to
the Commissioners just prior to the meeting and if they would like to table the item until
later in the meeting, they could. It was decided to continue with Item no. 7.2.
Commissioner Hardy asked about maximum speed limit in school zone, parks and alleys.
Mr. Bengtson stated that it did not change, that we have standing amendments to the STO,
that addresses parks and alleys. Mr. Bengtson also stressed the need to address the general
parking limitations and that clarification was added.
Commissioner Davis asked for an explanation of the alcohol definition, Mr. Bengtson stated
that the change did not depart from applicable levels, it deleted the definition for reasons
he was not clear on at this time, but would get that information for Commission if they
wished.
Mayor Blanchard asked if these questions could be answered at a later date. Mr. Gage, City
Manager, went on to discuss the STO and stated he would get an explanation of the
definition.
Commissioner Hardy asked about the speed limit on the Midway. Mr. Bengtson'stated that
they would have discretion to modify speed limits. Mr. Gage stated that it! would be
something to consider that during times the park is used; it is beneficial to have the speed
limit at 15 mph.
Judy Larson, 715 N. 9th Street, asked about school zones. Mr. Gage responded.
Moved by Commissioner Ryan, seconded by Commissioner Crawford, to adopt Ordinance No. 15-
10794 amending Chapter 38, Article 1 of City of Salina Code by adopting the 2015 Standard Traffic
Ordinance for Kansas Cities by Kansas Municipalities on first reading. A roll call vote Was taken.
Aye: (5) Crawford, Davis, Hardy, Ryan, Blanchard. Aye: (5). Nay: (0). Motion carried.
Commissioner Davis asked when they would get clarification to his previous questions.
Mr. Bengtson stated staff would get that information to them as soon as possible.
ved by Commissioner Ryan, seconded by Commissioner Davis, to declare a compelling public
pose exists for second reading approval of Ordinance No. 15-10794 amending Chapter 38,
icle 1 of City of Salina Code by adopting the 2015 Standard Traffic Ordinance for Kansas Cities on
same day as the first reading. Aye: (5). Nay: (0). Motion carried.
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Moved by Commissioner Ryan, seconded by Commissioner Crawford, to adopt Ordinance No. 15-
10794 amending Chapter 38, Article 1 of City of Salina Code by adopting the 2015 Standard Traffic
Ordinance for Kansas Cities on second reading. A roll call vote was taken. Aye: (5) Crawford, Davis,
Hardy, Ryan, Blanchard. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(8.1) First reading Ordinance No. 15-10796 approving annexing of 27.23 acre Quail
Meadows Estates, Inc. and adjoining Ohio Street into corporate limits of the city.
Greg Bengtson, City Attorney, explained the need for a short executive session regarding
legal matters.
Moved by Commissioner Ryan, seconded by Commissioner Davis, 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 5:45 p.m.
The City Commission recessed into executive session at 5:35 p.m. and reconvened at
5:45p.m. No action was taken. Five (5) minute recess was given by Mayor Blanchard.
Mayor Blanchard asked that agenda Item No. 8.3 be moved up to be discussed with
annexation issues with agenda Item No. 8.1.
Mr. Bengtson, City Attorney, explained the annexation on the east side of Ohio Street south
of Schilling Road for Saline County and the Quiet Title Agreement. Under the terms of the
agreement, Saline County agreed to transfer clear title to Oakdale Park to the City of Salina
and in exchange the City of Salina agreed to extend City utilities to the area in question at
no cost to the County.
Mayor Blanchard asked if the agreement with Saline County regarding the annexation
would require a rezone as well as an approved plat. Mr. Bengtson stated that in the
agreement, it cannot assure a particular zoning classification. However, at the time the
agreement was entered into, it was anticipated that it would be in conjunction with the
development of the property.
Commissioner Davis asked if Saline County owned the property on the corner at the time
of the agreement, and was it to be developed at the same time. Mr. Bengtson, stated no, and
read the agreement for clarification on the tract of land in question.
Commissioner Ryan asked when the contract was entered into. Mr. Bengtson stated it was
finalized in March of 2011.
No further questions at this time, Mayor Blanchard asked for staff report.
Dean Andrew, Director of Planning, explained the annexation request, how it can be served
by the City's existing utility system, history of the surrounding areas and costs recovered
through a Capital Cost Recovery Charge. Mr. Andrew asked for the Commission to look at
the various maps and explained the significance of the maps. Mr. Andrew also pointed out
that a second reading of the ordinance would occur only when the land was platted.
Commissioner Ryan asked about the application that was brought to the Planning
Commission in 2013. Mr. Andrew stated at that time, when the recommendation was
brought to the City Commission, the annexation was not approved.
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Mayor Blanchard asked about the Urban Service Area that was in the projected, 20-50 year
development plan. Mr. Andrew stated yes, this property was in the Urban Service Area.
Commissioner Davis asked about a proposal of commercial development on the corner. Mr.
Andrew explained the plan for the area on the corner.
A conversation ensued between Mr. Andrews, Mayor Blanchard and Jason Gage, City
Manager, regarding access to the area and curb cut openings.
Commissioner Ryan asked if the only objection from the County Commission was that the
property should be used for commercial use instead of residential. Commissioner Ryan
also noted that they had voted for residential use. Mr. Andrew referenced the Master Plan
and that there was potential to add a commercial zoned area.
Commissioner Crawford asked if Saline County was to have an expo center. Mr. Andrew
stated that there was no plan for that; it was merely a term used for best reference of the
area, and perhaps stating it was County owned land would be a better choice.
Mayor Blanchard asked about the maps that related to the area and the availability of
building lots be addressed. Michael Schrage, Deputy City Manager, explained how the
maps were created and how they were assessed for the Commission.
Commissioner Hardy asked about 200 new lots that had infrastructure in place, that not all
of them are in the same price category and that the number would be around 90. Mr.
Schrage agreed.
A conversation ensued between Mayor Blanchard, Mr. Andrew and Commissioners
regarding infrastructures, annexation, the Comprehensive Plan and what areas could be
considered a priority.
Mayor Blanchard asked about how the agreement was vetted in 2011. Jason Gage, City
Manager, stated the priority of the Commission at the time was to have ownership of
Oakdale Park; it was not a trade off for bad development.
Commissioner Davis asked about future development for the area around Stone Lake and
other ways to access the area other than from Ohio Street. Mr. Andrew responded that
additional conversations would need to be discussed in the future with Saline County and
or developers.
Mayor Blanchard, Commissioner Hardy, Mr. Andrew, Mr. Gage and Gary Hobbie, Director
of Development Services, discussed the elements for annexation and best use of land and
soil conditions.
Commissioner Hardy stated he felt the conditions of this particular annexation were murky
and complicated, but would agree to annexation.
Mayor Blanchard stated that he felt it was a bad plan.
Mayor Blanchard asked when developing in the area, what the impact would be on local
schools. Mr. Andrew stated there was a small concern at the present time.
Mayor Blanchard asked for public comment.
Tim Crews, 529 Sunset, Salina, KS, asked that they not develop prime farm land and
supported filling in what was already developed.
Wes Jackson, 2400 E Waterwell Road, Salina, KS, stated that we could do better and that
being from the Land Institute, they were very concerned for the land in the area. He did not
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want the land to be used for short term economic interest.
Phil Black, 118 E Republic Avenue, Salina, KS, stated he supported the land institute, this
was a complicated decision and did not want the land to be used for redevelopment.
Joan Jackson, 2400 E Waterwell Road, Salina, KS, spoke in support of preserving
agricultural land.
Mr. Bengtson made a point of clarification; he verified that Ms. Jackson was on the
Planning Commission and that she had recused herself from the deliberation of this matter
at the Planning Commission meeting.
David Neal, Saline County Planning, 300 W Ash, Salina, KS, asked for clarification from
Mr. Bengtson if the Commission was aware that if they did not annex the property, Saline
County would have the rights to develop the land. Mr. Bengtson stated they have been
advised and they were aware. Mr. Neal stated Saline County did not have any plans at this
time for development. It would be zoned as A-1 which would meet the agricultural lease
agreement and in the future would comply with the City's Comprehensive Plan.
Mike Hoppock, 914 Oak Lane, Salina, KS, spoke in favor of annexation of the area.
Aaron Householter, 205 Pine Ridge Drive, Salina, KS, spoke regarding the Comprehensive
Plan and he was not in favor of annexation.
Stan Byquist, developer, Salina, KS, spoke in favor of annexation and that there were
several options for affordable residential housing.
A conversation ensued between Mr. Byquist and the Commission regarding the property
concerning connectivity to the area, types of houses that were planned to be built,
affordable housing and public funding for development.
Darrel Bixby, 1519 Briargate, Salina, KS, stated that when developing in the downtown,
there is no money to be made. If it wasn't for the tax breaks that were available through the
City, he would not have made any money.
Mayor Blanchard called for a five (5) minute recess.
Jim Angell, Attorney, Kennedy Berkley Yarnevich & Williamson, attorney for the
developers, Joanie Caywood and Stan Byquist stated that this was a matter of contract.
Mr. Bengtson provided copies of the agreement from the County to the Commission and
outlined the pertinent area of the contract along with Mr. Angel and Mr. Gage.
4oved by Commissioner Ryan, seconded by Commissioner Hardy, to adopt Ordinance No. 15-
0796 approving annexation of 27.23 acre Quail Meadows Estates, Inc. property adjoining Ohio
treet into the corporate limits of the City on first reading. A roll call vote was taken. Aye: (4)
:rawford, Davis, Hardy, Ryan. Nay: (1) Blanchard. Motion carried.
Commissioner Crawford stated she did not like spending money putting in utilities past
developable areas, but a lot of work was put into the decision and she was going with the
Planning Commission.
Mayor Blanchard asked about a section of the code. Mr. Andrew clarified the code section.
(8.3) First reading Ordinance No. 15-10798 approving annexing 111 acre tract owned by
Saline County into the corporate limits of the city.
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Dean Andrew, Director of Planning, explained the terms of the Contract for the Transfer of
Real Estate between the City of Salina and Saline County, how it can be served by the City's
utility system and other concerns for annexation.
Commissioner Davis stated he was not interested in annexation at this time.
A conversation ensued between the Commission, Mr. Andrew and Mr. Gage regarding
annexation.
Wes Jackson, 2400 Waterwell Road, Salina, KS, spoke regarding terms of first refusal if the
property is for sale.
David Neal, Saline County Planning, 300 W Ash, Salina, KS, spoke about the benefits of
annexing the area to be favorable for the City of Salina to have developmental control of the
property.
Mayor Blanchard asked for a two (2) minute recess.
Moved by Commissioner Hardy, seconded by Commissioner Ryan, to adopt Ordinance No. 15-
10798 approving annexation of 111 acre tract owned by Saline County into the corporate limits of
the city on first reading. A roll call vote was taken. Aye: (4) Crawford, Hardy, Ryan, Blanchard.
Nay: (1) Davis. Motion carried.
Mayor Blanchard stated he would like to see that area under a conservation district.
(8.2) First reading Ordinance No. 15-10797 approving rezoning of 27.23 acre tract of land
at the southeast corner of Schilling Road and South Ohio Street.
Dean Andrew, Director of Planning, explained the rezoning request of vacant, AG
(Agricultural) zoned land to R-1 (Single -Family Residential) and R-2 (Multi -Family
Residential) for the purpose of developing a subdivision for new single-family and two -
home construction.
Mayor Blanchard sited a section of the code regarding new growth. Jason Gage, City
Manager, expressed various options of development.
A conversation ensued between Commissioners, Mr. Andrew and Mr. Gage regarding the
zoning of the property, future development and the Comprehensive Plan.
Commissioner Blanchard addressed the idea of the housing study coming up and that
mixed use zoned areas don't work. Mayor Blanchard stated he wanted to see it be zoned as
R-1.
A conversation ensued between Commissioners and staff about where development should
happen.
Mayor Blanchard asked for public comment.
Stan Byquist, developer, provided his comments on the possibilities of the area, sidewalks
and Saline County's flood lane drainage area on the corner.
Mr. Gage asked Mr. Andrew about the Future Concept map 1-2 in the Comprehensive
Plan. Mr. Andrew stated he would call it an, illustration and would prefer the concept map
be removed. It was not intended as a guide for development.
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Moved by Commissioner Hardy, seconded by Commissioner Ryan, to adopt Ordinance No. 15-
10797 approving rezoning of 27.23 acre tract of land at the southeast corner of Schilling Road and
South Ohio Street on first reading. A roll call vote was taken. Aye: (4) Crawford, Davis, Hardy,
Ryan. Nay: (1) Blanchard. Motion carried.
Commissioner Davis asked if the questions they discussed would be taken back to the
Planning Commission for a change.
Commissioner Blanchard stated he wanted R-1 zoning.
OTHER BUSINESS
None.
ADJOURNMENT
Moved by Commissioner Ryan, 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 10:22 p.m.
[SEAL]
ATTEST:
aC__ Vl w
Shandi Wicks, CMC, City Clerk
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