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05-23-2016 MinutesCF1 Y OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS May 23, 2016 4:00 p.m. w The City Commission convened at 2:30 for Country Club Road Improvements Discussion and at 3:45 p.m. for Citizens Forum. t 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 Kaye J. Crawford (presiding), Commissioners Jon Blanchard, 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. AWARDS AND PROCLAMATIONS (3.1) The month of May, 2016 as "AMBUCS National Visibility Month in the city of Salina. Luci Larson read the proclamation and announced associated events. CITIZENS FORUM None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of May 16, 2016. (6.2) Authorize the purchase of one (1) Toro 4000-D Mower from Professional Turf Products, L.P. in the amount of $52,835.91. (6.3) Authorize the purchase of replacement playground structure for Thomas Park from ATHCO, LLC in the amount of $65,873.00. (6.4) Approve Resolution No. 16-7353 authorizing the Mayor to sign a contract with W.E. Sheppard Construction Inc. dba United Electric for electrical service upgrades to Oakdale Park. (6.5) Approve Resolution No. 16-7354 accepting a sculpture as a donation from the North Salina Community Development Committee for placement at 600 North Santa Fe. Commissioner Hardy requested that Item 6.5 be removed from the consent agenda. Commissioner Blanchard clarified that the playground structure would be installed with help from the community similar to how Steve Hawley Park playground structure was constructed. 116-0201 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to approve the consent agenda less item 6.5. Aye: (5). Nay: (0). Motion carried. Page 1 A (6.5) Approve Resolution No. 16-7354 accepting a sculpture as a donation from the North Salina Community Development Committee for placement at 600 North Santa Fe. Commissioner Hardy asked for clarifications on the agreement. Brad Anderson, Director of Arts & Humanities, explained there was a typographical error in C. of the recitals and in z the term of agreement section and the signage would be approved by the artist prior to a w placement. BCommissioner Blanchard recognized Dee Warren for participating in the project, to Chuck's Bar for participating in placement of the sculpture, to North Salina Community U Development, Inc. for expanding the public art and the City of Salina and Arts & Humanities for their work on the project. Commissioner Blanchard noted that North Salina Community Development was a 501C-3 and should be listed on the agreement as North Salina Community Development, Inc. Mr. Anderson announced Bob Mill as an additional participant in the project. Barbara Young, President of North Salina Community Development, Inc., asked for approval of the project. Greg Stephens, thanked the City Commission for approving the replacement of the playground structure at Thomas Park and invited the Commission to attend the North Salina Picnic on June 4, 2016. 16-0202 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to adopt Resolution No. 16-7354 with the noted corrections to the agreement. Commissioner Hardy commented on how lucky the City of Salina was for having an arts & humanities department and appreciated the work of the Community Art & Design Committee on the project. Mayor Crawford called the question to adopt Resolution No. 16-7354 with the noted corrections to the agreement. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Resolution No. 16-7352 authorizing the Mayor to sign a letter of need for New Market Tax Credit Financing. Michael Schrage, Deputy City Manager, explained the financing and letter. 16-0203 Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Resolution No. 16- 7352 authorizing the Mayor to sign a letter of need for New Market Tax Credit Financing thereby satisfying the but/for requirements of New Market Tax Credit Financing. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Application No. SR16-1, (filed by the Salina City Planning Commission), requesting approval of a text amendment to Section 36-40 of the Salina Subdivision Regulations to adopt criteria for the review and approval of preliminary plats proposed within the city of Salina. (8.1a) First reading Ordinance No. 16-10834. Page 2 A conversation ensued between Mr. Gage and the Commission regarding the review process. Commissioner Davis asked if a development was planned on the edge of current development would it affect the current fire and police services. Mr. Andrew stated it would be reviewed by the Planning Commission and the questions staff would need answered would be if the subdivision could be serviced by the current fire and police service and if the area schools could handle additional students in the area. Commissioner Davis asked if the police and fire service was not able to service the new subdivision what would happen. Mr. Andrew stated the subdivision should be denied. Greg Bengtson, City Attorney, asked if the Adequate Public Facilities Ordinance could be included within condition #3 of the ordinance. Mr. Andrew stated if Mr. Bengtson felt including the Adequate Public Facilities Ordinance within condition #3 would strengthen Page 3 (8.1b) Declare a compelling public interest exists to have first and second reading on the same day. (8.Ic) Second reading Ordinance No. 16-10834. Dean Andrew, Director of Planning, explained the amendment. a Commissioner Davis asked for additional information on the condition pertaining to the y proposed subdivision being capable of being served by city utilities and services. Mr. Andrew stated there were some properties that were not capable of having city utilities and services and continued to provide an example of a property that would not be capable of having city utilities and services. Commissioner Davis asked for additional information on perimeter streets having the ability to meet or be upgraded as part of the subdivision development process. Mr. Andrew stated the applicant would indicate in their application how they plan to improve and to what level they would improve the perimeter street. Commissioner Blanchard asked what the fiscal impact would be when considering developments. Mr. Andrew stated it was not currently included. Jason Gage, City Manager, stated it was not addressed anywhere else in the code and legal counsel would need to determine where it would be best placed in the code if it was added. A conversation ensued between the Commission, Mr. Gage and Mr. Andrew regarding the fiscal impact analysis. Commissioner Hardy asked if when the city grew south were there discussions on when additional fire stations and schools would be needed. Mr. Andrew stated the new fire stations and schools were built in response to the new development. Commissioner Blanchard asked when the Planning Commission came up with the initial 10 conditions, was the fiscal municipal impact considered or brought up. Mr. Andrew stated that it was not brought up in the discussion by the Planning Commission and stated the Planning Commission did not typically deal with the fiscal impact issues so it was not on the radar of the Planning Commission. Mr. Gage stated there was a much more limited scope when the Planning Commission reviewed the item. Mr. Andrew stated if it was part of the initial preliminary plat review process then it would impact the Planning Commission. Commissioner Blanchard stated he thought it needed to be included in the initial preliminary plat review process. A conversation ensued between Mr. Gage and the Commission regarding the review process. Commissioner Davis asked if a development was planned on the edge of current development would it affect the current fire and police services. Mr. Andrew stated it would be reviewed by the Planning Commission and the questions staff would need answered would be if the subdivision could be serviced by the current fire and police service and if the area schools could handle additional students in the area. Commissioner Davis asked if the police and fire service was not able to service the new subdivision what would happen. Mr. Andrew stated the subdivision should be denied. Greg Bengtson, City Attorney, asked if the Adequate Public Facilities Ordinance could be included within condition #3 of the ordinance. Mr. Andrew stated if Mr. Bengtson felt including the Adequate Public Facilities Ordinance within condition #3 would strengthen Page 3 the condition, he was in favor of including it. 16-0204 Moved by Commissioner Davis, seconded by Commissioner Ryan, to pass Ordinance No. 16-10834 on first reading. Commissioner Blanchard asked for clarification on the use of the word capable under condition w No. 3c. Mr. Andrew stated some subdivisions could not be approved because they would not be capable to be served by city utilities and services. He continued to give examples of the capability N B to be served by city utilities and services. A conversation ensued between Commissioner Blanchard, Mr. Andrew and Mr. Gage regarding the ability to service the subdivision by city utilities and services. Mayor Crawford called the question to pass Ordinance No. 16-10834 on first reading. Aye: (5). Nay: (0). Motion carried. Mayor Crawford asked since changes to the ordinance would occur did staff want to declare a compelling public purpose exists and hold second reading today. Mr. Andrew stated it would be best to make the needed changes to the ordinance and hold the second reading at the next meeting. (8.2) Application No. SR16-3, (filed by the Salina City Planning Commission), requesting a comprehensive review and amendment of Section 36-74 and 36-74.1 of the Salina Subdivision Regulations and Planning Commission Policies Number 88-1 and 04-1 to address frontage requirements, access requirements, improvement standards and a fair share funding mechanism for perimeter streets abutting new subdivisions. (8.2a) Fust reading Ordinance No. 16-10835. (8.2b) Declare a compelling public interest exists to have first and second reading on the same day. (8.2c) Second reading Ordinance No. 16-10835. Dean Andrew, Director of Planning, explained the amendments and a subdivision drawing pertaining to benefit districts. Commissioner Blanchard asked for clarification and additional information on benefit districts. Mr. Andrew provided additional information regarding benefit districts and cost sharing. Jason Gage, City Manager, stated the subdivision drawing would give a framework but there would be questions on the demand for the development and the ability of the development community to accomplish the tasks. Greg Bengtson, City Attorney, explained the ordinance and the information within the ordinance. Mr. Gage stated the Planning Commission's intent was for the city share to cover one-third (1/3) and the developer's proportionate share would be two-thirds (2/3) of the city engineer's estimate of the projected cost of the anticipated future improvement of the abutting perimeter street or road to the full city street standard. A conversation ensued between Mr. Bengtson, Mr. Andrew, Mr. Gage and the Commission regarding benefit districts and improved perimeter streets or roads. Page 4 Commissioner Blanchard asked for clarification on the full city street standard wording within the ordinance. Mr. Andrew stated the Planning Commission's intent would be for the developer to construct a full street to include drainage, curbs, gutters and sidewalks. Commissioner Blanchard provided his thoughts on the fiscal impacts on general street requirements. a w A conversation ensued between Mr. Gage and the Commission regarding the general street N requirements. = Mayor Crawford provided her thoughts on making the requirements too strict to keep developers from developing. Commissioner Ryan stated he thought there should be a level of flexibility within the requirements. Commissioner Hardy asked how costs could be projected for future improvements. Mr. Gage stated the costs would be projected on the current cost of the improvements and the amount collected would draw interest until the money would need to be used for the improvement. He continued to state there may need to be guidance created to establish when the street would need to be improved but you would use the money collected from the developer and the portion of the city money to develop the street. Once completed, there would be a cost recovery ordinance to assess the cost to any undeveloped lots. Commissioner Blanchard asked for additional information on the affidavit by the developer stating it was financially infeasible to develop the subdivision "but for" current improvement of the abutting perimeter street or road to the interim standard. Mr. Gage stated if the affidavit was signed it would be an accountability of the developer without divulging the trade secrets of the developer. 16-0205 Moved by Commissioner Davis, seconded by Commissioner Ryan, to pass Ordinance No. 16-10835 Ion first reading. A conversation ensued between Mr. Bengtson, Mr. Gage, Mr. Andrew and the Commission regarding benefit districts and future improvements. Mr. Gage asked for a ten (10) minute recess to allow staff to match notes regarding the information within the ordinance. Commissioner Blanchard asked if the remaining code Section 36-74 and 36-74.1 was modified. Mr. Andrew stated subsection A and a minor change to subsection E were made in Section 36-74 and modifications to subsection A and Table I were made in Section 36- 74.1. The meeting recessed at 6:58 p.m. and reconvened at 7:08 p.m. Mr. Gage stated if you are going to develop and there was a gravel street standard that would need to be developed there may need to be a requirement of the developer to look at the city standard and provide a financial hardship to build the improvement. Commissioner Hardy asked if the impact fee would be included in the special assessment. Mr. Gage stated the ordinance would leave all of the tools as options for later. Mr. Gage stated there were a few options for action. He continued to state there would need to be added language within the ordinance. The first reading could happen today and have the second reading sometime next week. Page 5 16-02b6 U 16-0209 J Mr. Bengtson provided information on the updates needed within the ordinance. A conversation ensued between the Commission, Mr. Gage and Mr. Bengtson regarding the modifications of the ordinance. Moved by Commissioner Davis, seconded by Commissioner Ryan, to pass Ordinance No. 16-10835 on first reading with the necessary amendments. Aye: (4). Nay: (1) Blanchard. Motion carried. OTHER BUSINESS None. ADJOURNMENT Moved by Commissioner Davis, seconded by Commissioner Ryan, 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. I q [SEAL] ATTEST: Jason Gage, City Manager Page 6