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12-22-2003 MinutesCommission Action # 03-6228 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS December 22, 2003 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for Miscellaneous Year -End Items report, Revitalization Act Issues and Options, and Information Discussion and 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 moment of silence. There were present: Mayor Alan E. Jilka, Chairman presiding Commissioner Deborah P. Divine Commissioner Donnie D. Marrs Commissioner Monte D. Shadwick Commissioner Paul G. Webb comprising a quorum of the Board, also present: Dennis M. Kissinger, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: None CITIZEN FORUM None. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of December 15, 2003. (6.2) Resolution No. 03-6022 describing the corporate limits of the City of Salina. (6.3) Resolution No. 03-6024 authorizing a license agreement with Great Plains Manufacturing, Inc. to allow installation of a communication cable across Dewey Street right-of-way. (6.4) Award bid for trash container service to Salina Iron & Metal Company. Greg Bengtson, City Attorney, and Shawn O'Leary, Director of Engineering and General Services, responded to Mayor Jilka's questions regarding Section 4 and Section 9 of the license agreement pertaining to general liability insurance and removal of the cable. Don Hoff also responded to Mayor Jilka's questions regarding Item 6.4. Moved by Commissioner Divine, seconded by Commissioner Webb, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #P03 -7A, filed by South Ohio Land, L.L.C., requesting approval of a final plat of Liberty Addition No. 2, a proposed 19 lot subdivision of a 135 acre tract located on the south side of Schilling Road west of Ohio Street. Commission Action # Cmscucaieo.5a�ina 03-622 03-623 03-6231 (7.1a) Second reading Ordinance No. 03-10168 providing for a change in zoning district classification from Saline County AG (Agricultural) to Planned C-5 (Planned Service Commercial), Planned C-6 (Planned Heavy Commercial) and I-2 (Light Industrial) on a 135 acre tract located at the southwest corner of Ohio Street and Schilling Road (Liberty Addition No. 2). Dean Andrew, Director of Planning and Community Development, explained the request and the Planning Commission recommendation and conditions. Mr. Andrew then responded to Commissioner Divine's questions regarding restricted access and underground utilities. Shawn O'Leary, Director of Engineering and General Services, commented on landscaping as requested by Commissioner Divine. James Hall, South Ohio Land, L.L.C., thanked staff for their work. Mr. Hall also responded to Commissioner Marrs on the applicant's satisfaction on the proposed restricted access. Moved by Commissioner Shadwick, seconded by Commissioner Marrs, to authorize the Mayor to sign the plat for Liberty Additon No. 2 and accept the offered easement, right-of-way and restricted access dedication on behalf of the City of Salina. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Shadwick, seconded by Commissioner Marrs, to adopt Ordinance No. 03-10168 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick, Webb, Jilka. Nay: (0). Motion carried. (7.2) Application #PDD79-1F, filed by Marty Simpson, requesting approval of an amended preliminary development plan and a change in zoning district classification from PDD C-2 (Neighborhood Shopping District) to PDD I-2 (Light Industrial District) to allow a mini -storage complex to be constructed on a 3.12 acre site located on the west side of Foxboro Drive north of the Westar Substation (legally described as Lot 3, except the south 60 feet thereof, Block 2, Wheatridge Addition). (7.2a) First reading Ordinance No. 03-10183. Dean Andrew, Director of Planning and Community Development, explained the request, the suitability of the site, neighborhood characteristics, public facilities and services, conformance with the comprehensive plan, and the Planning Commission's recommendation. A discussion followed between the City Commission and Mr. Andrew regarding the width of Foxboro Drive, the driveway intervals that are currently in place, the need for an irrigation system to help with the landscaping and screening, fencing, traffic volume, paving requirements, and storm water detention. Dan Fleming, 1215 Foxboro and representing the Wheatridge Homeowner's Association, commented on his opposition on the rezoning and placement of the proposed mini -storage facility. Mr. Fleming noted his concerns of traffic volume, lighting, gravel driveway, and the effect it would have on the value of their homes. Troy Vancil, representing the applicant, commented on the gravel drive and on the Commissioners' concerns regarding the need of an irrigation system. Mr. Vancil then responded to Commissioner Divine and Commissioner Webb regarding lighting. He then noted that the mini - storage facility would have restricted access and believes residents rather than commercial businesses would use it more. Sarah Donley, 2815 Foxboro, spoke on her opposition of the application and rezoning of the property. Commissioner Divine commented on the applicant's attempts to work with the surrounding property owners, and the need for vegetation to work as a buffer to make site attractive. She also commented that the gravel drive was not acceptable. Moved by Commissioner Divine, seconded by Commissioner Shadwick, to approve Application #PDD79-1F and pass Ordinance No. 03-10183 on first reading with amendments to the ordinance to include requirements of paving and an irrigation landscape buffer. Commission Action # Mr. Andrew responded to Commissioner Shadwick regarding filial development plan approval. Commissioner Webb commented on the setback footage and fencing. He also noted his concerns with the need for an irrigation system. Mayor Jilka called the question. Aye: (5). Nay: (0). Motion carried. (7.3) Application #PDD03-4, filed by Overland Ventures, L.L.C., requesting preliminary development plan approval and a change in zoning district classification i:rom RS (Residential Suburban) to PDD R-2.5 (Multi -Family Residential) and PDD C-1 (Restricted Business) for property addressed as 2515 S. Ohio Street. (7.3a) First reading Ordinance No. 03-10184. Dean Andrew, Director of Planning and Community Development, explained the request, neighborhood characteristics, public utilities and services, conformance to the comprehensive plan, amendments to the site plan, and the Planning Commission's recommendation and conditions. Mr. Andrew noted that the second reading of the ordinance would occur once the final plat has been approved. Kevin Korb, 2504 Calcutta Drive, commented on the increase of crime he believes would occur because of the income -based housing. He expressed his concerns regarding the safety of his neighborhood and the reduction of his property value. Mr. Andrew commented on the protest petition filing procedures as requested by Mr. Korb. Mr. Andrew noted that the protest period had expired December 16, 2003. Dennis Kissinger, City Manager, commented on Mr. Korb's concern of increase of crime rate. Jerry Becker, 2508 Ambassador Drive, commented on his opposition of the request. He expressed concerns of overcrowding of Coronado School and the sewer system. Chester Rotrock, 2512 Ambassador Drive, commented on his opposition of the developments. He expressed his concerns of the sewer and water system, and his privacy. Bret Johnson, Overland Ventures, and John Gilliam, architect for Overland Ventures, commented on the site revisions and landscaping. Mr. Gilliam noted that the developer is currently working with a property owner on landscaping of trees, etc. Mr. Becker commented that the homeowner the developer is currently working with is in the process of selling his home. A discussion followed between Mayor Jilka, Commissioner Marrs, and Mr. Andrew regarding the property owners' notification on the zoning request. 03-6232 Moved by Commissioner Shadwick, seconded by Commissioner Webb, to approve Application #PDD03-4 and pass Ordinance No. 03-10184 on first reading. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 03-10181 ordering the acquisition of fee simple title to certain real estate for the purpose of constructing the North Ohio Street Overpass Project. 03-6233 Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt Ordinance No. 03-10181 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick, Webb, Jilka. Nay: (0). Motion carried. (8.2) First reading Ordinance No. 03-10182 amending Chapter 8, Article III, Section 8-36.2 of the Salina Code pertaining to local amendments to Section 107-2 of the Uniform Building Code. Mike Roberts, Building Official, explained the proposed amendment. Commission Action # 03-623 03-62351 03-6237 03-6238 03-6239 03-6240 A discussion followed between Commissioner Divine, Commissioner Marrs, Deputy City Manager Michael Morgan, and Mr. Roberts regarding the International Building Code, the Uniform Building Code, building valuations, and permit fees. Moved by Commissioner Divine, seconded by Commissioner Webb, to pass Ordinance No. 03-10182 on first reading. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Shadwick, seconded by Commissioner Divine, to declare an emergency exists for second reading on the same day. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt Ordinance No. 03-10182 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick, Webb, Jilka. Nay: (0). Motion carried. (8.3) Resolution No. 03-6023 authorizing an interlocal agreement with Saline County specifying responsibilities and expenses in the custody, control and maintenance of evidence, found property and other contraband that comes under control of Saline County Sheriff's Office personnel while conducting law enforcement activity. Chief James Hill explained the agreement and funding. Commissioner Divine applauded City and County staff for their collaboration Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Resolution No. 03-6023. Aye: (5). Nay: (0). Motion carried. (8.4) Authorize purchase of animal crematory for the Salina Animal Shelter. Michael Morgan, Deputy City Manager, outlined the proposals that were received. Mr. Morgan noted that an extra $25,000 to $30,000 would be needed to cover the cost of the removal and installation of the system. Mr. Morgan also explained that in accordance to the current interlocal agreement between the City, Saline County, and the Salina -Saline County Health Department, the City is solely responsible for any capital improvements that exceed $10,000. A discussion followed between Commissioner Divine and City Manager Dennis Kissinger on the interlocal agreement. Moved by Commissioner Webb, seconded by Commissioner Shadwick, to authorize the purchase of an animal crematory from B&L Cremation Systems, Inc. in an amount of $41,505. Aye: (5). Nay: (0). Motion carried. (8.5) Authorization of Community Art and Design for the North Ohio Street Bridge Project. Shawn O'Leary, Director of Engineering and General Services, explained the project and bids received by Kansas Department of Transportation, and the community art and design element of the project. A discussion followed between Commissioner Marrs, Commissioner Divine, and Mr. O'Leary pertaining to the delay of the project and the project time schedule. Moved by Commissioner Divine, seconded by Commissioner Webb, to authorize the Community Art and Design element for the North Ninth Street Bridge Project and authorize additional bond funds for the project from the 2004 CIP, with a revised General Obligation Bond estimate of $365,000 for remaining city share of the total bridge project. Aye: (5). Nay: (0). Motion carried. (8.6) Authorize purchase of an upgrade to the Laserfiche Document Imaging System. Rodney Franz, Director of Finance and Administration, explained the purchase. Mr. Franz also responded to Commissioner Divine's question pertaining to records management. Moved by Commissioner Marrs, seconded by Commissioner Shadwick, to authorize the purchase of an upgrade to the Laserfiche Document Imaging System, in an amount of $18,011. Aye: (5). Nay: (0). Motion carried. Commission Action # 03-6241 None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Marrs, seconded by Commissioner Shadwick, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:08 p.m. I Alan E. Jilka, ayar [SEAL] ATTEST: I / �(—:fi Lieu Ann Elsey, City Clerk