09-21-2015 Minutes15-0366
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
September 21, 2015
4:00 p.m.
IThe 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 Shandi Wicks, City Clerk.
IAWARDS AND PROCLAMATIONS
(3.1) The month of September, 2015 as "Life Insurance Awareness Month" in the city of
Salina. Bob Hamman read the proclamation.
CITIZEN FORUM
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
(CONSENT AGENDA
(6.1) Approve the minutes of September 14, 2015.
(6.2) Authorize Modification No. 3 for Agreements with the U.S. Environmental
Protection Agency (EPA) Community Action for a Renewed Environment (CARE)
Level II Grant with Kansas State University's Pollution Prevention Institute and the
Saline County.
(6.3) Authorize the installation of aesthetic improvements, including sculpture and
landscaping to Hawthorne Park.
Commissioner Davis requested that Item 6. 1 be removed from the consent agenda.
Mayor Blanchard disclosed that he was a member of the North Central Regional Planning
Commission but stated that his capacity as a board member would not have affected the
Hawthorne Park item.
Moved by Conu-nissioner Davis, seconded by Commissioner Crawford, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
(6.1) Approve the minutes of September 14, 2015.
Commissioner Davis noted changes to the minutes on pages 4 and 7.
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,15-0367 Moved by Commissioner Davis, seconded by Commissioner Ryan, to approve the September 14,
2015 minutes as amended. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
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(7.1) Second reading Ordinance No. 15-10799 requesting a comprehensive amendment to
W Section 42-815 through 42-825 of the Salina Municipal Zoning Ordinance.
N Mayor Blanchard noted that Ordinance No. 15-10799 was passed on first reading on
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September 14, 2015 and since that time no comments have been received.
15-03§8 Moved by Commissioner Hardy, seconded by Commissioner Davis, to adopt Ordinance No. 15-
10799 requesting a comprehensive amendment to Section 42-815 through 42-825 of the Salina
Municipal Zoning Ordinance on second reading. A roll call vote was taken. Aye: (5) Crawford,
Davis, Hardy, Ryan, Blanchard. Nay: (0). Motion carried.
(7.2) Second reading Ordinance No. 15-10800 requesting the vacation of a 20 foot platted
utility easement located on Lots Two (2) and Five (5), Block One (1) of the Triplett II
Addition located at the southeast corner of Ohio Street and North Street.
Mayor Blanchard noted that Ordinance No. 15-10800 was passed on first reading on
September 14, 2015 and since that time no comments have been received.
15-0369 Moved by Commissioner Crawford, seconded by Commissioner Davis, to adopt Ordinance No.
15-10800 requesting the vacation of a 20 foot platted utility easement located on Lots Two (2) and
Five (5), Block One (1) of the Triplett I1 Addition located at the southeast corner of Ohio Street and
North Street on second reading. A roll call vote was taken. Aye: (5) Crawford, Davis, Hardy,
Ryan, Blanchard. Nay: (0). Motion carried.
(7.3) Second reading Ordinance No. 15-10801 requesting review and possible
amendment of Section 42-518 (9) of the University District Sign Regulations to allow
electronic changeable copy signs in the U (University) zoning district.
Mayor Blanchard noted that Ordinance No. 15-10801 was passed on first reading on
September 14, 2015. Following first reading, Section 42-518 (9) 6.3 was reformatted to read
more clearly and modified to allow electronic changeable copy signs in the U district to
remain in operation past 10:00 p.m. on those occasions when a scheduled public event
extends beyond 10:00 p.m.
Dean Andrew, Director of Zoning, explained the modification to the time limit within the
ordinance and explained the modification to the number of signs allowed at educational
institutions.
Commissioner Hardy asked if the maximum surface area was derived by the request
submitted. Mr. Andrew responded by stating that the maximum surface area was the
original language in the 1977 ordinance and at that time was determined to be a reasonable
size for the sign.
15-0370 Moved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Ordinance No. 15-
10801 requesting review and possible amendment of Section 42-518 (9) of the University District
Sign Regulations to allow electronic changeable copy signs in the U (University) zoning district. A
roll call vote was taken. Aye: (5) Crawford, Davis, Hardy, Ryan, Blanchard. Nay: (0). Motion
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(7.4) First reading Ordinance No. 15-10802 amending Section 4 of the City's electric
franchise with Westar Energy, increasing the franchise fee percentage from 5% to
6%, effective January 1, 2016.
Jason Gage, City Manager, explained the franchise agreement, requested change, cost
impact to residents and action options.
Mayor Blanchard asked about the revised revenue for 2015. Mr. Gage responded by stating
that the 2015 amount was a revised budget amount.
Mayor Blanchard asked if the statute allowed for comments on the increase of the franchise
fee percentage. Mr. Gage responded by stating that state law provides for the ability of a
franchise and the City of Salina held a franchise agreement with Westar Energy and the
terms of the franchise were within the agreement.
Randall Holm, 848 Custer, explained that citizens have seen increases in the electric bills
over the last ten years and asked the Commission to not increase the franchise fee amount.
A conversation ensued between the Commission and Mr. Gage regarding the increase in
electric bills.
Commissioner Crawford noted that she received phone calls regarding the increase in the
franchise fee, explained that Westar Energy was just approved an increase and stated that
she would vote no for the increase.
Commissioner Davis asked for the Westar Energy increase amount. Mr. Gage stated that he
would not be able to provide the amount correctly as the amount was amended and noted
that the franchise fee percentage increase was part of the proposed 2016 budget.
Commissioner Davis asked if the Westar Energy increase would bring in the same amount
of money as the increase to the franchise fee percentage. Mr. Gage responded by stating
that the Westar Energy increase would not bring in the same amount as the franchise fee
percentage increase.
Commissioner Hardy provided his thoughts on the increase.
Commissioner Crawford asked if the increase amount for Westar Energy was available.
Judy Larson, 715 N. Ninth stated that the request was initially submitted by Westar Energy
in March 2015 for a 7.9% increase or $152 million dollars.
A conversation continued to ensue between the Commissioners regarding the increase to
the franchise fee percentage.
Mr. Gage stated that the amended increase that was approved or to be approved for Westar
Energy was $78 million.
A conversation ensued between the Commission and Mr. Gage regarding the fee increase.
Commissioner Crawford provided her thoughts on increasing a fee on a necessity and
stated that she had changed her mind on voting no on the increase.
Commissioner Hardy stated that he performed conservation measures on his home five
years ago and had received lower energy bills after he performed those conservation
measures.
Moved by Commissioner Ryan, seconded by Commissioner Hardy, to pass Ordinance No. 15-
10802 on first reading amending Section 4 of the City's electric franchise with Westar Energy,
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-easing the franchise fee percentage from 5% to 6%, effective January 1, 2016. Aye: (5). Nay: (0).
tion carried.
(7.5) Resolution No. 15-7281 authorizing the city manager to enter into a pro forma and
economic impact analysis agreement with Sports Facilities Advisory LLC in the
amount of $28,000 to fulfill Kansas STAR bond market impact requirements for the
downtown fieldhouse.
Jason Gage, City Manager, explained the determination received of the STAR bond
eligibility from the Kansas Department of Commerce and the agreement. Mr. Gage noted
changes to the agreement under Section 9 pertaining to responsibility and Section 10
pertaining to consultant services.
Commissioner Davis asked if there were reimbursable expenses in the agreement. Mr. Gage
responded by stating that reimbursable expenses were not expected.
Mayor Blanchard asked about the 50% of the cost of the study being reimbursed back to the
respective donor. Mr. Gage responded by stating that the cost was a feasibility cost not a
fieldhouse cost and continued to explain the reimbursement.
Mayor Blanchard asked if a portion of the study would provide a market analysis. Mr.
Gage responded by stating that a portion of the study would provide market information
and additional information could be provided from the firm if needed.
Randall Holm, 848 Custer, provided his thoughts on the Bicentennial Center, downtown
fieldhouse and the agreement. Mr. Gage provided information on the funding of the
downtown fieldhouse.
A conversation ensued between Mayor Blanchard, Mr. Gage and Mr. Holm pertaining to
the funding of the downtown fieldhouse and the use of general fund dollars.
Mayor Blanchard asked for the timeline of the study. Mr. Gage responded by stating that
the study would be completed in four (4) weeks.
Moved by Commissioner Davis, seconded by Commissioner Hardy,.to adopt Resolution No. 15-
7281 authorizing the city manager to enter into a pro forma and economic impact analysis
agreement with Sports Facilities Advisory LLC in the amount of $28,000 to fulfill Kansas STAR
bond market impact requirements for the downtown fieldhouse. Aye: (5). Nay: (0). Motion
carried.
(7.6) First reading Ordinance No. 15-10805 amending Chapter 35 Article VI entitled
Driveways & Sidewalks and Chapter 31, Article VII, Division 1 of the Property
Maintenance Code of the City of Salina pertaining to concrete work within rights-of-
way.
(7.6a) Resolution No. 15-7282 adopting "Specifications for Concrete Work"
(7.6b) Resolution No. 15-7283 adopting "Sidewalk and Driveway Repair Criteria"
Michael Schrage, Deputy City Manager, explained the amendments.
Mayor Blanchard asked if an informative brochure would be available to the property
owner when a permit was issued. Mr. Schrage responded by stating that staff was currently
working on developing informative brochures to assist citizens with making repairs.
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Mayor Blanchard asked if a citizen could perform repairs to a driveway approach. Mr.
Schrage responded by stating that driveway approaches were in the list of repairs citizens
could make but did state that an inspection of the work would be required.
Judy Larson, 715 N. Ninth, stated that she provided a list of sidewalks that were in need of
repair to the City Engineer. She noted that the sidewalks were brick. Mr. Schrage
responded by stating that the repair of brick sidewalks were included within the code.
Mayor Blanchard stated that some locations within the city did not have sidewalks, and
asked if you have to keep a sidewalk in a location where a sidewalk currently remained.
Mr. Schrage responded by stating that if a property currently had a sidewalk, a sidewalk
would need to remain on the property.
Randall Holm, 848 Custer, thanked staff and the City Commission for allowing citizens the
option to perform the repairs on their own.
Moved by Commissioner Davis, seconded by Commissioner Hardy, to pass Ordinance No. 15-
10805 on first reading amending Chapter 35 Article VI entitled Driveways & Sidewalks and
Chapter 31, Article VII, Division 1 of the Property Maintenance Code of the City of Salina
pertaining to concrete work within rights-of-way. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Davis, seconded by Commissioner Ryan to postpone adoption of
Resolution No. 15-7282 and Resolution No. 15-7283 to the October 5, 2015 meeting. Aye: (5). Nay:
(0). Motion carried.
DEVELOPMENT BUSINESS
(8.1) Application No. PDD15-2/2A, (filed by Ashby House), requesting a change in
zoning district classification from I-2 (Light Industrial) and C-6 (Heavy
Commercial) to PDD C-6 (Heavy Commercial) Planned Development District and
the approval of a preliminary site development plan to allow construction of a new
warehouse building. The subject property is legally described as Lot 23 and the
North 24.6 ft of Lot 25 on Santa Fe Avenue and Lot 24 and the North 24.6 ft. of Lot
26 on Fifth Street in the Original Town of Salina, Saline County, Kansas -and
addressed as 342 N. Santa Fe and 345 N. 5th Street.
(8.1a) -First reading Ordinance No. 15-10803.
Dean Andrew, Director of Planning, explained the request, Planning Commission action
and action options.
Commissioner Davis asked if the site plan was complete enough for the Planning
Commission to vote on the item. Mr. Andrew responded by stating that the site plan was
complete enough for the Planning Commission and noted that a building elevation
drawing was not submitted.
Commissioner Davis stated that he felt an elevation drawing would be beneficial to know
what the building would look like.
Mayor Blanchard asked what Mr. Meier's concerns were regarding this item. Mr. Andrew
responded by stating that the concern was on the type of roof slope and the off-street
parking interfering with the loading and unloading of vehicles in the area.
Mayor Blanchard asked what the overall project parking requirement was. Mr. Andrew
responded by stating that original requirement was for seven (7) parking spaces but was
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modified to three (3) spaces.
Mayor Blanchard asked if Ashby House would be the sole tenant of the property. Mr.
Andrew stated that the sole tenant of the property would be Ashby House.
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Commissioner Ryan asked where the water runoff was on the property. Mr. Andrew
responded by stating that he did not have that information but representatives of Ashby
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House may be able to provide that information.
Mayor Blanchard asked about the aesthetics of the building. Mr. Andrew responded by
stating that sometimes wainscoting or brick could be required to be -added to the metal
building to increase the aesthetics of the building.
Commissioner Davis asked whose concerns take precedence on the parking situation.
Dustin Herrs, Assistant Planner, responded by explaining the requirements for the parking.
Commissioner Hardy asked which of the two properties had the priority in the loading and
unloading area, this building or the building across the street. Mr. Andrew responded by
stating that parking and loading docks for this building would be off-street and the
building across the street did not have off-street loading and unloading area.
Commissioner Ryan asked if satisfaction of the off-street parking requirement could be
done by parking vehicles inside the warehouse. Mr. Andrew stated that he was not sure
there was enough space for vehicle parking inside the warehouse. Michael Schrage, Deputy
City Manager, also responded by stating that although the parking of vehicles within the
warehouse might meet the zoning code, it would probably not meet the building code or
fire code.
Commissioner Hardy asked if the ADA parking spaces were in addition to the number of
parking spaces required. Mr. Andrew responded by stating that the ADA parking spaces
were included in the number of spaces required.
Mayor Blanchard asked about the landscaping for the district. Mr. Andrew responded by
stating that the ability for front yard landscaping on Santa Fe was not an option due to the
zero setback but staff had included the need for landscaping on the Fifth Street side. Mr.
Andrew continued to state that since the OCCK building next door also had a zero setback,
the landscaping was done on the right-of-way in place of the front yard landscaping.
Bryan Anderson, Administrator of Ashby House, 448 S. Ninth, explained the use of the
warehouse spaces owned by Ashby House.
Commissioner Davis asked if the applicant anticipated a large number of drop-offs at one
time. Mr. Anderson responded by stating that there could be a half a dozen to ten people at
the facility at one time but stated that typically citizens that visited the location did not
have a vehicle.
Commissioner Davis asked if the recessed area of the front of the building was a garage
door. Mr. Anderson responded by stating that the recessed area was originally a loading
dock but currently the only access door to the front of the building was a walk through
door.
Commissioner Hardy asked if the funds from the sale of the building located at Fifth and
Mulberry would be available for use on this building. Mr. Anderson stated that the funds
received for the sale of the building would not be enough money to pay for the building of
a new building.
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Dave Bieberly, Bieberly Architects, stated that he worked with staff and wished he would
have asked if an elevation drawing was needed and described that the building would be a
metal building with metal siding.
Mayor Blanchard asked if the item would be sent back to the Planning Commission when
Z the item could be placed on the Planning Commission agenda. Mr. Andrew responded by
w stating that the item could be placed on the October 6, 2015 agenda.
9 Mr. Bieberly stated that the applicant was trying to get ahead of the downtown
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development and get the building built by the end of the year.
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A conversation ensued between the Commissioners regarding the aesthetics of the property
and the possible actions on the item.
Mayor Blanchard asked if the property was tax exempt. Jason Gage, City Manager,
responded by stating that properties owned by Ashby House were property tax exempt.
Commissioner Crawford provided her thoughts on the properties owned by Ashby House
and stated she would vote to move the item along.
Commissioner Ryan provided his thoughts on the abilities of the architect to make the
property look appealing.
Commissioner Hardy provided his thoughts on the front yard landscaping of the property
and the potential look of the building.
15-0375 oved by Commissioner Davis, seconded by Commissioner Hardy, to return Application #PDD
5-2 to the Planning Commission in order to allow the applicant to provide and the Planning
Commission to review a complete site plan, including elevation drawings of the proposed building
addition, and directing the Planning Commission to review the compatibility of the proposed
building materials with the existing warehouse building and the surrounding area and to consider
possible enhancements to the Santa Fe building facade and streetscape.
Gage stated that if there were additional items the Conunission would like to be addressed,
would be the time to discuss those items.
yor Blanchard noted that he would like the facade on Santa Fe addressed.
ioner Davis stated that he would like for the new structure to conform to the current
and neighborhood.
ye: (3). Nay: (2) Crawford, Ryan. Motion carried.
BUSINESS
Mayor Blanchard stated that Commissioner Hardy asked if a commissioner or staff
member could attend the North Central Regional Planning Commission meeting in Beloit
on Thursday, September 24, 2015. Jason Gage, City Manager, asked for a time of the
meeting on Thursday. Mr. Hardy stated that the meeting time would be 1:00 p.m.
Mayor Blanchard asked for staff to provide information on the downtown redevelopment
meetings to occur next week. Mr. Gage stated that a come and go event would take place to
collect information from the public regarding the downtown redevelopment.
(9.1) Request for executive session (trade secrets).
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Moved by Commissioner Ryan, seconded by Commissioner Hardy, to recess into executive session
for 20 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 7:10 p.m.
The City Commission recessed into a five minute break, then executive session at 6:50 p.m.
and reconvened at 7:10 p.m. No action was taken.
Moved by Commissioner Crawford, seconded by Commissioner Hardy, to extend the current
executive session for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 7:10 p.m. and reconvened at 7:20
p.m. No action was taken.
ADJOURNMENT
Moved by Commissioner Crawford, 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 7:20 p.m.
[SEAL] Jon R. Blanchard, Mayor
ATTEST:
Shandi Wicks, CMC, City Clerk
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