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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.) Page 1 15-0335 15-0336 15-0337 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. Page 2 CONSENT AGENDA (6.1) Approve the minutes of August 17, 2015. (6.2) Approve Resolution No. 15-7276 appointing members to various boards and N commissions. Z (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 Page 3 u 15-0340 15-0341 n 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. Page 4 15-0343 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. Page 5 N z W N U E 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 Page 6 15-0344 D 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. Page 7 N Z W m D f0 0 0 U 15-0345 L 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. Page 8 15-0347 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 Page 9