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04-25-2016 Minutesn �I N z W N U F�u 16-0160 fl ITY OF SALINA, KANSAS EGULAR MEETING OF THE BOARD OF COMMISSIONERS pril 25, 2016 00 P.M. he City Commission convened at 2:30 for Outdoor Warning Sirens and at 3:45 P.M. for Citizens )rum. he Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, ity-County Building. Roll call was taken followed by the Pledge of Allegiance and a moment of lence. hose present and comprising a quorum: Mayor Kaye J. Crawford (presiding), Commissioners Jon lanchard, Trent Davis, and Randall Hardy. Iso present: Jason Gage, City Manager; Michael Schrage, Deputy City Manager; Greg Bengtson, ity Attorney; and Shandi Wicks, City Clerk. bsent: Karl Ryan. (AWARDS AND PROCLAMATIONS None. j CITIZENS FORUM Fire Chief Kevin Royse introduced the new Firefighter/EMT's Casey Hainlini , Joshua Hutfies, Tanner Gurtner, and Dan Rowson. I PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. i CONSENT AGENDA (6.1) Approve the minutes of April 18, 2016. Moved by Commissioner Davis, seconded by Commissioner Hardy, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION (7.1) First reading Ordinance No. 16-10829 amending Chapter 31, Articles 1- 10 of the Salina Code pertaining to the property maintenance code. Jim Brown, Building Official, explained the amendments. Mayor Crawford asked if graffiti was a new definition in the property maintenance code. Mr. Brown stated yes. Mayor Crawford asked how long a party had to clean up the graffiti. Gary Hobbie, Director of Development Services, stated the party was given ten (10) days to clean up the graffiti and if it was not, the city would perform the cleanup and a bill would be sent to the property owner. Commissioner Blanchard asked about the definition unsafe. Mr. Brown stated the definition matched the other international codes. Page 1 E �L' 16-0161 16-0162 Hl" Commissioner Hardy asked if the temperature did not meet the heating facilities code requirement, what would a tenant need to do to report it. Mr. Brown stated it; could be reported to the City and staff would work with the landlord to correct the situation and provided additional information on how the temperature was measured. Jason Gage, City Manager, asked Mr. Brown for additional information pertaining to the definition of the room area and how a violation would be enforced. Mr. Brown stated staff would need to evaluate each situation individually. i Mr. Gage asked for further information pertaining to leaning fences and the need to repair the fence. Mr. Brown stated the Building Official would evaluate each individual situation separately. A conversation ensued between Mr. Brown, Mr. Gage and Mr. Hobbie regarding peeling paint on fences and buildings. I Commissioner Blanchard asked if staff could verify that the peeling paint liguage on fences and buildings match between first and second reading. Randall Holm, 848 Custer Street, provided his thoughts on the amendments l and was concerned about the time limit to clean up graffiti due to the amount of time it would take to receive the notice in the mail. Mr. Gage asked if the ten day notice was the initial notice and if the property owner could ask for an extension. Mr. Hobbie stated the property owner could call the office tolobtain an additional ten (10) day notice or a compliance agreement could be drawn up! with the property owner to allow time to remedy the situation. I A conversation ensued between Mr. Hobbie and Mr. Gage regarding the mailing if notices. Commissioner Blanchard asked how gang related graffiti was handled. Mr. Hobbie stated the Police Department would notify staff if a portion of the graffiti would need to be removed immediately and staff would work directly with the homeowner to rei edy the situation. Moved by Commissioner Hardy, seconded by Commissioner Davis, to pass Ordinancie No. 16- 10829 amending Chapter 31, Articles 1-10 of the Salina Code pertaining to the property maintenance code on first reading. Aye: (4). Nay: (0). Motion carried. (7.2) First reading Ordinance No. 16-10830 amending and renumbering Salina Code Section 2-21 and adopting new Sections 2-21 though 2-33 and Sections 2-37 through 2-39 pertaining to the commission -manager form of government and related future elections of the City of Salina, Kansas; and repealing Ordinance No. 2397 and the existing Salina Code Sections 2-21, 2-106 through 2-108 (Division 2, Chapter 2), and 2-121 (Division 3, Chapter 2). Greg Bengtson, City Attorney, explained the amendments. Moved by Commissioner Davis, seconded by Commissioner Hardy, to pass Ordinance No. 16- 10830 amending and renumbering Salina Code Section 2-21 and adopting new Sections 2-21 through 2-33 and Sections 2-37 through 2-39 pertaining to the commission -manager form of government and related future elections of the City of Salina, Kansas; and repealing Ordinance No. 2397 and the existing Salina Code Sections 2-21, 2-106 through 2-108 (Division 2, Chapter 2), and 2- 121 (Division 3, Chapter 2) on first reading. Aye: (4). Nay: (0). Motion carried. Page 2 16-01*. 3 U rT II 16-0164 �J DEVELOPMENT BUSINESS (8.1) Resolution No. 16-7344 authorizing the Mayor to execute a license agreement with USD No. 305 authorizing the placement and construction of a new loading/ unloading space in the Pueblo Avenue right-of-way abutting Sunset Elementary School. Dean Andrew, Director of Planning, explained the request, affected utilities aid action options. Moved by Commissioner Davis, seconded by Commissioner Hardy, to adopt Resolution No. 16- 7344 authorizing the Mayor to execute a license agreement with USD No. 305 authorizing the placement and construction of a new loading/ unloading space in the Pueblo Avenue right-of-way abutting Sunset Elementary School. Aye: (4). Nay: (0). Motion carried. (8.2) Application #Z16-2, (filed by Phyll Klima), requesting an amendment of Section 42- 59(8)c of the Temporary Use regulations in the Salina Zoning Ordinance, to expand the areas within the community where farmers markets may locate and operate to include churches located in any zoning district. (8.2a) First reading Ordinance No. 16-10831. Dean Andrew, Director of Planning, explained the request, staff comments, Planning Commission recommendation and action options. Commissioner Hardy asked if temporary use permits were made on an annual basis. Mr. Andrew stated the initial application would be filed and approved by the !Planning Commission, for any additional year as long as the plan remained the same, staff would issue the permit administratively. Commissioner Davis asked if a market could be held for additional days. Mr.! Andrew stated the application would have to be modified to add additional days. { Commissioner Davis asked if the market location was approved, what recourse would the neighbors have if there was a negative influence. Mr. Andrew stated the current process would notify the neighbors prior to a market locating in the specific location. Commissioner Davis asked why Planning Commissioner Baxa voted no. Mr. Andrew stated it was Commissioner Baxa's thoughts that approving this item would affect a church's tax exemption status. Jason Gage, City Manager, stated it would not have anything to do with the city's land use. Phyll Klima, Applicant, thanked staff for their work on the item and provided her thoughts on the request. Commissioner Blanchard asked if the markets so far had gone without complaints. Ms. Klima stated the only complaints pertained to the temperature outside. Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to pass Ordinance No. 16- 10831 requesting an amendment of Section 42-59(8)c of the Temporary Use regulations in the Salina Zoning Ordinance, to expand the areas within the community where farmers markets may locate and operate to include churches located in any zoning district on first reading. Aye: (4). Nay: (0). Motion carried. (8.3) Matters relating to the requested closure of South Fourth Street. Page 3 u LJ (8.3a) First reading Ordinance No. 16-10833 (Application #PDD13-2B! filed by Kansas Wesleyan University), requesting approval of an amendment of the conditions of approval applicable to a PDD/U (Planned Development District) and approval of an amended development plan to allow an expansion of the Graves Family Sports Complex facilities that includes the closure and elimination of the east side of South Fourth Street. Dean Andrew, Director of Planning, explained the request, emergency access, traffic flow and safety, land use and future development, affected utilities and the i Planning Commissions recommendation along with the action options. Commissioner Davis asked what would happen to traffic on game days. Mr! Andrew stated there was a campus parking plan that included a shared parking area at St. Mary's Church. Commissioner Davis asked for additional information on the emergency access area. Mr. Andrew stated there would be a fire access lane allowing emergency vehicles to gi access to the campus. Commissioner Davis asked what would happen to the traffic flow on Osborne Street. Mr. Andrew stated there was currently parking on Osborne on the east side of the street but that would be discussed under item 8.3c. I Jason Gage, City Manager, asked if the commission thought the traffic setup on Obsorne Street was a key factor in making the decision on this item, if the answer was yes, staff could provide the report on Osborne Street now. Dean Andrew, Director of Planning, explained the request to convert Osborne Street back to two-way traffic between Claflin Avenue and Cloud Street, the Planning Commission recommendation and action options. i Mayor Crawford stated there was a stop sign at the comer of Osborne and Cloud. Mr. Andrew stated that was correct but the traffic study recommended the traffic light should be removed and it was now a pedestrian light only. Mr. Gage stated staff could look at it and if there was a change that warranted the need for a traffic light, it could be addressed at that time. Commissioner Davis stated his concern was how congested Osborne Street would be on game days. Matt Thompson, President Kansas Wesleyan University (KWU), provided information on KWU and the closure of Fourth Street and Osborne Street traffic pattern trough a PowerPoint presentation. Commissioner Davis asked if the space would be fenced off and closed. Mr. Thompson stated fencing would be installed with pedestrian crosswalks on both sides for safe crossing of the street. Commissioner Hardy asked if KWU thought the partnership would continue to work in the future. Mr. Thompson stated it was a partnership worth waiting for. Evelyn Maxwell, 414 East Wayne Avenue, provided her thoughts on the closure of Fourth Street and traffic pattern of Osborne Street. Carolyn Peterson, 2052 Leland Way, provided her thoughts in support of the closure of the Page 4 Z W L9 a 0 U 16-0165 i east side of Fourth Street and requested that the west side of Fourth Street remain open. Brenda O'Gorman, 705 Victoria Heights Terrace, provided her thoughts on the closure of Fourth Street and her understanding of the requirement by the Union Pacific Railroad that both sides of Fourth Street be closed. Randall Holm, 848 Custer, provided his thoughts on the closure of Fourth Street, the traffic pattern on Osborne Street and the need for traffic studies to determine the effect on the closure of Fourth Street. I Mr. Thompson stated there were parking arrangements with Salina Regional Health Center (property owned at the corner of Fourth Street and Claflin), St. Mary's Church and University Methodist Church. He continued to state it was the university's request to change Osborne back to a two (2) way street, the Union Pacific Railroad contract was for closure of both sides of Fourth Street and the closure was more than just a beautification, it was a safety concern. Ms. Maxwell provided her thoughts on the parking for the school events. j Ms. Peterson asked if city staff had been in contact with Union Pacific Railroad the lease and it would be good to know if there was an option for separate leases. Ms. O'Gorman agreed with Ms. Peterson in asking if there had been discussion on separate leases with the Union Pacific Railroad. Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to pass Ordinance No. 16- 10833 requesting approval of an amendment of the conditions of approval applicable to a PDD/U (Planned Development District) and approval of an amended development plan to I allow an expansion of the Graves Family Sports Complex facilities that includes the closure and elimination of the east side of South Fourth Street and the setback exceptions requested by Kansas (Wesleyan University on first reading. Aye: (4). Nay: (0). Motion carried. (8.3b) First reading Ordinance No. 16-10832 (report on Petition #4371, filed by Kansas Wesleyan University), requesting closure and vacation of the west side of South Fourth Street between Claflin Avenue and Cloud Street. Dean Andrew, Director of Planning, explained the request, emergency access, traffic flow and safety, land use and future development, affected utilities and thePlanning mI Commission recommendation along with the action options. Commissioner Davis asked if the artist rendition included the fire access lane. Mr. Andrew stated yes. Commissioner Davis asked if the crosswalk on Cloud opposite the south entran' e gate to the stadium had a signal light. Mr. Andrew stated yes and he provided traffic count information from 2014 on streets in the vicinity of KWU. Jason Gage, City Manager, asked if there was an upgraded pedestrian signal installed at Cloud and Osborne. Dan Stack, City Engineer, stated there was a hawk signal installed in conjunction with St. Mary's Grade School and KWU. j A conversation ensued between Mr. Gage, Mr. Stack and Commissioner Davis regarding the pedestrian crossing and traffic flow. Commissioner Davis asked for additional information on the traffic flow on Osborne Street. Mr. Stack stated there were several streets in town that were 29 feet wide. j Page 5 1 116-0166 Mayor Crawford asked if there was something that triggered the light at Osborne and Cloud. Mr. Gage stated pedestrians would have to push the button to activate the light. A conversation continued to ensue between the Commission, Mr. Gage and Mr. Stack regarding the pedestrian traffic, traffic signalization and traffic flow at Osborne and Cloud. Mr. Gage provided information pertaining to the fire access and traffic flow on Osborne Street. Commissioner Davis asked what the logic was for changing the traffic flow on Osborne Street. Mr. Andrew stated the origin for making Osborne one way, was Wilson & Company had Osborne Street listed as.a 21 foot street and it had to be a one way street due to the size of the street. t Randall Holm, 848 Custer, provided his thoughts on the closure of the west side 'of Fourth Street, requested the Commission vote no and stated traffic lights should be itstalled at Highland and Cloud and Osborne and Cloud. j Brenda O'Gorman, 705 Victoria Heights Terrace, asked what time of year the traffic study was completed in 2014 and noted the increase in traffic since the change in the lanes on Santa Fe. Mr. Andrew stated Mr. Stack would need to address the question but stated the traffic counter would count cars for a 24 hour period. A conversation ensued between Mr. Andrew, Mr. Gage, Mr. Stack and the pertaining to the traffic studies performed. Evelyn Maxwell, 414 East Wayne, provided her thoughts on the closure of the west side of Fourth Street. Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to pass Ordinance No. 16- 10832 requesting closure and vacation of the west side of South Fourth Street between Claflin Avenue and Cloud Street on first reading. I Commissioner Davis provided his thoughts on the closure of the west side of Fourth Street and did not think a good traffic pattern had been developed and thought there would be a need for traffic lights very soon. Commissioner Hardy provided his thoughts on the traffic pattern, ability to get to places in town and the closure would have a positive impact on the university and the community. Commissioner Davis stated the city needed to be very diligent observing traffic! patterns and traffic flow and safety needed to be considered. Mr. Gage stated staff provided the baseline information to the commission today and provided information pertaining to a street on both sides of railroad tracks. Commissioner Blanchard stated he did believe citizens would be inconvenienced, he stated sometimes we talk about improving the city and sometimes we take action and 1provided his thoughts on the railroad's possible point of view on the closure. Mayor Crawford stated she felt there was a lack of safety in this section of Fou I rth Street and continued to provide her thoughts on the street closure. Mayor Crawford called the question. Aye: (4). Nay: (0). Motion carried. Page 6 1 16-01$7 U Mayor Cr 16-0168 16-0169 (8.3c) Consider a recommendation from the Salina Planning Commission to convert Osborne Street back to two-way traffic between Claflin Avenue and Cloud Street. Dean Andrew, Director of Planning, provided information on the request for converting traffic on Osborne Street. Randall Holm, 848 Custer Street, stated he thought there should be a traffic light installed at Osborne and Cloud. Moved by Commissioner Blanchard, seconded by Commissioner Davis, to approve a motion to amend the original condition of replat approval to designate Osborne Street a two-way street with on street parking allowed on the east side of the street and on street parking prohibited on the west side. Commissioner Davis asked when would be the appropriate time to conduct the traffic study to install a traffic light at Osborne and Cloud. Jason Gage, City Manager, stated it would need to wait until the street set-up was complete and during the most impactful time of year. He continued to state a traffic study would need to be completed and there would be a cost to install the traffic signal on the Osborne side of the intersection but staff would continue to monitor the areas. Dan Stack, City Engineer, stated a level of service study would determine the triaffic flow including turning left or right and vehicle wait time. A conversation ensued between the Commission, Mr. Gage and Mr. Stack regarding the traffic study, traffic flow and pedestrian traffic. I Commissioner Davis asked how soon the changes would take place. Michael Schrage, Deputy City Manager, stated it would be immediate upon second reading. Jwford called the question. Aye: (4). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Request for executive session (legal). Moved by Commissioner Davis, seconded by Commissioner Hardy, to recess into !executive session for 25 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 7:45 p.m. , The City Commission recessed into executive session at 7:20 p.m. and reconven''ed at 7:45 p.m. No action was taken. Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to extend the current executive session for an additional 5 minutes. Aye: (4). Nay: (0). Motion carried. I The City Commission recessed into executive session at 7:45 p.m. and reconvened at 7:50 p.m. No action was taken. Page 7 16-0170 1 ADJOURNMENT I Moved by Commissioner Blanchard, seconded by Commissioner Hardy, that the regulaI meeting of the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting adjourned at 7:50 p.m. [SEAL] ATTEST: bw& 1, mm Shandi Wicks, CMC, City Clerk Page 8