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08-22-2016 MinutesN N Z W 0 U CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 22, 2016 4:00 p.m. The City Commission convened at 2:30 p.m. for Smoky Hill River Planning Discussion and 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 107,1 City -County Building. Roll call was taken followed by the Pledge of Allegiance and a moment of, silence. Those present and comprising aquorum: Mayor Kaye J•Crawford (presiding), Commissioners Jon, Blanchard, Trent Davis, Randall Hardy, and Karl Ryan. Also resent: Jason Gage, City Manager; Michael Schrage, Deputy �Ci �Manager; Greg Bengtsoni , City Attorney; and Shandi Wicks, City Clerk. i AWARDS AND PROCLAMATIONS (3.1) The month of September 2016 as "Recovery Month" in the city of Salina. Don Greene, Senior Recovery Coach, read the proclamation and announced associated events. CITIZENS FORUM Commissioner Blanchard stated he wrote a letter in support of the Kansas Wesleyan; Softball team for the NAIA Softball Buffalo Funds Five -Star Champion of Character Award.! He continued to read a press release explaining the award and announced that the Kansas'. Wesleyan Softball team received the award. Coach Daryl Hoelting introduced Haley: Torres, new head coach of the KWU softball team, and provided information on the softball' team. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) STAR Bond Project Plan and Tax Increment Financing Plan. (5.1a) Public Hearing to consider adoption of a STAR bond project plan pursuant to K.S.A. 12-17,160 et seq. (5.1b) First reading Ordinance No. 16-10856 adopting a STAR Bond Project Plan for! the Downtown STAR Bond District. (5.1c) Public Hearing to consider adoption of a Tax Increment Financing plan pursuant to K.S.A. 12-1770 et seq. (5.1d) First reading Ordinance No. 16-10857 adopting the Redevelopment Project Plan for the Salina Downtown Redevelopment District. Mayor Crawford opened the STAR Bond Project public hearing. Michael Schrage, Deputy City Manager, explained the project plans, upcoming community! improvement district petitions pending, development agreement, fiscal impact and action! options. Mr. Schrage asked if the City Commission would be willing to hold a special meeting on August 29, 2016 to adopt a resolution scheduling the public hearing date of September 19, Page 1 G 2016 for the community improvement districts. He continued to explain the STAR Bond) TIF Project Plan and community improvement district organization and proceeds. Commissioner Davis asked if there were any procedural implications to closing the public hearing versus leaving the public hearing open. Mr. Schrage stated no, the public hearing; could be closed today and the ordinance could be acted on today. Gary Anderson, Gilmore' & Bell, explained from a legal standpoint there was no difference if the public hearing was; closed today or left open. He continued to state notices were sent via certified mail to the' property owners affected along with the resolutions published in the newspaper. Commissioner Blanchard asked if there was a re -notice requirement if the public hearing would be continued. Mr. Anderson stated there was no requirement to provide notification but publication on the city's website or other venue may be a good idea. Jason Gage, City Manager, stated if the public hearing was opened, citizen input received and the public hearing closed and the action to approve the project plans was postponed, that would give time for the City Commission to process the information received. Commissioner Blanchard asked if the STAR Bond and TIF Project plans would change after' approval of the development agreement. Mr. Schrage stated the approval would allow' staff to submit the plan to the Department of Commerce. He continued to state the plan would be submitted but would not be used until the development agreement was adopted. Trace Walker, Salina 2020, Inc, thanked the City Commission for the support and encouragement and thanked staff for all their work on the project. He continued to thank individuals within the community for all of their efforts. Larry Britegam, Salina 2020, Inc, provided his thoughts on the project. Andrew Braum, 207 S. Third, stated the individuals in the building he lived in were on a fixed income and asked what would happen to the people in the neighborhood and when it was going to happen. Mr. Schrage stated the project plans would not affect the apartment building unless the owner intended changes to the building in the future. A conversation ensued between Mr. Braum, Jason Gage, City Manager, Mr. Schrage and the City Commission regarding the increased taxes within the district, explaining they were on sales tax and not property tax. Mr. Walker clarified that the hotel community improvement district percentage would only be paid by the hotel guests. Commissioner Blanchard stated he thought the project was large enough that the Commission should receive a formal presentation. Mr. Schrage stated the project plan was' in hand and online for several weeks. Commissioner Blanchard asked for an update on the components of the project. Mr. Gage stated staff did not ask for Salina 2020, Inc to make a, presentation but stated staff could tag team with Salina 2020, Inc to explain the components. Commissioner Blanchard stated he would i have liked staff to make a presentation on the project. Commissioner Hardy stated the City Commission had more knowledge on the project than, the public but felt comfortable with the information he had on the project. Mr. Schrage. stated the public notice was provided to the property owners and tenants within the, district almost a month ago. Commissioner Davis stated he felt the process of the project was always done backwards.! He continued to state he was hesitant to take any action until the economic feasibility study' Page 2 z W 0 U was completed and reviewed and the strategic plan for downtown, including housing, and; the plan relying on the use of sales tax money, also. He thought the plan needed to be done the right way. Mr. Gage stated at some point there would be action on the project plans, the' economic feasibility study would be completed, the housing aspect was included in the; project plan but it would be up to the City Commission on what to do with that portion of the project. Commissioner Davis asked if there were would be anything within the economic feasibility study that would alter the plan that would be sent to the Department of Commerce. Mr. Gage stated the plan would be submitted as it was and changes could be made in the future if needed. Mr. Anderson stated there would be an additional process to follow if there were significant changes to the plan. He continued to state the plan amount was established by the secretary with the Department of Commerce. Commissioner Blanchard asked why Wings over Salina Museum was removed from the' plan and provided additional thoughts on the project plans and the knowledge of the' public on the plans. Mr. Gage responded to Commissioner Davis' question pertaining to use of sales tax funds. He stated the utility project would be taken from the utility funds, the streetscape project. would be up to the City Commission to determine the scope of the project and the funding decision would be brought to the City Commission in the future. Mr. Walker responded to questions pertaining to transparency and housing. He stated there were multiple public meetings on the streetscape plan and the plan did include an' apartment building that would use mostly private donations and some TIF funds. He continued to state the KU School of Medicine would use private funding with the exception of the public parking lot. He stated Salina 2020, Inc would love to have the Wings over, Salina museum but the cost of the museum would take up a majority of the funding. Mr. Gage stated if the Governing Body would want a full presentation prior to taking action on the plan, it may affect the action items. Commissioner Davis asked if the documents referenced in the blue sheet were officially part of the plan and available in the: online packet. Mr. Schrage stated the plans in their entirety were attached. Commissioner Ryan stated he was satisfied with the plans and would like to move on. Commissioner Blanchard asked how many study sessions were held on the Field House. Mr. Schrage stated three (3) or four (4). Commissioner Blanchard stated that although there, were executive sessions there had not been one study session on the STAR Bond Project', Plan or TIF Project Plan and would like the opportunity to hear the plans and receive; public input on them in an open meeting. Commissioner Ryan asked if the first reading of the ordinances were postponed, could the' public session be done in between that time. Judy Larson, 215 N. Chicago, stated that not everyone had access to the internet or the information on the plans. Mayor Crawford stated she was comfortable and the information was available. Jane Anderson, 636 E. Iron Avenue, stated as a citizen, people are frustrated that it takes so long for action to take place but thought that the project needed to move forward. Commissioner Hardy stated the level of comfort would be achieved when the economic' Page 3 16-0325 16-0326 16-0327 16-0328 feasibility study was' available and stated he was willing to go whatever route needed' today. Commissioner Blanchard asked if staff had dates for the postponement. Mr. Schrage stated' if the CID petition was received and a special meeting took place on August 29, 2016, the' CID public hearing would be September 19, 2016. Commissioner Davis asked if all of the items would have to be addressed at the same time. Mr. Gage stated legally no but practically speaking all items would be referenced in the, development agreement and some portions of the project could affect multiple sources. John Peterson, Posinelli Law Firm, explained the project plans were complicated and stated there was an initial feasibility study performed that helped to develop the plan. Moved by Commissioner Ryan, seconded by Commissioner Hardy, to close the public hearing for the STAR Bond Project Plan. Aye: (4). Nay: (1) Davis. Motion carried. Mr. Schrage stated the special meeting to set the public hearing for the CID could be heldl no later than August 29, 2016 setting September 19, 2016 as the CID public hearing date. Moved by Commissioner Ryan, seconded by Commissioner Davis, to postpone consideration of Ordinance No. 16-10856 adopting the STAR Bond Project Plan for the Downtown STAR Bondi District on first reading to September 19, 2016. Aye: (5). Nay: (0). Motion carried. Mayor Crawford opened the Tax Increment Financing Plan public hearing. Mr. Gage explained the Tax Increment Financing Plan and the structure of the plan. Mr. Anderson explained tax increment financing and stated there would not be a tax increase and the new taxes created would go towards the plan. Mr. Gage stated the plan was a pay as you go plan. Commissioner Blanchard stated the plan stated it could be a pay as you go plan or through bonds. Mr. Gage continued to state the language was general and was not binding language. Moved by Commissioner Ryan, seconded by Commissioner Hardy, to close the public hearing for, the Tax Increment Financing Plan. Aye: (5). Nay: (0). Motion carried. Commissioner Blanchard asked if the language for the low income housing at the Lee Building was still within the plan. Mr. Schrage stated the Lee Buildings were removed from - the plan and the development of the Lee Buildings would be outside of this plan. Commissioner Blanchard asked for additional information on the housing portion of the: plan. Mr. Schrage stated the details of those plans would be within the development! agreement. Moved by Commissioner Ryan, seconded by Commissioner Hardy, to postpone consideration of; Ordinance No. 16-10857 adopting a Redevelopment Project Plan for the Salina Downtown District on first reading to September 19, 2016. Aye: (5). Nay: (0). Motion carried. I CONSENT AGENDA (6.1) Approve the minutes of August 15, 2016. (6.2) Approve the minutes of August 16, 2016. Page 4 16-0329 16-0330 16-0331 (6.3) Approve Resolution No. 16-7393 appointing members to various boards and commissions. (6.4) Award contract for electrical improvements to the irrigation system at the Salina Municipal Golf Course, Project No. 63155, to Precision Electrical Contractors, in the amount of $87,879, plus $644 for alternates and $4,427 in construction contingency for a total project cost of $92,250. (6.5) Award the contract for the Greeley Avenue Sidewalks project, Project No. 63086, to Lancaster Construction of Salina, Kansas, in the amount of $38,482.20, with a 5% construction contingency of $1,924.11. Moved by Commissioner Ryan, seconded by Commissioner Hardy, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 16-10854 levying special assessments against certain. lots and pieces of property to pay the cost of abatements of nuisances, as amended. Mayor Crawford noted that Ordinance No. 16-10854 was passed on first reading on August 15, 2016. Since then the report and ordinance have been modified to show payments received) after the first reading of the ordinance in the amount of $991.09. An additional payment was received today in the amount $263.36. Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Ordinance No. 16- 10854 on second reading, as amended. A roll call vote was taken. Aye: (5) Blanchard, Davis,; Hardy, Ryan, Crawford. Nay: (0). Motion carried. (7.2) Second reading Ordinance No. 16-10855 levying special assessments against certain lots and pieces of property to pay the cost of the repair of sidewalks, as amended. Mayor Crawford noted that Ordinance No. 16-10855 was passed on first reading on August 15, 2016. Since then the report and ordinance have been modified to show payments received after the first reading of the ordinance in the amount of $1418.50. Moved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Ordinance No. 16- 10854 on second reading, as amended. A roll call vote was taken. Aye: (5) Blanchard, Davis, Hardy, Ryan, Crawford. Nay: (0). Motion carried. Mayor Crawford recessed for a 6 minute recess, returning at 6:06 p.m. (7.3) Consideration of a Petition and Improvement District Development Agreement, between the City of Salina and Cornerstone Development Group, LLC related to ai special improvement district for water, sanitary sewer, street and drainages improvements in Grand Prairie Addition, Phase II. Dan Stack, City Engineer, explained the engineering feasibility report, improvement district, fiscal impact and action options. Commissioner Davis asked if discussions have preceded enough for special assessments to determine the status of the item. Commissioner Blanchard stated he thought the discussion in study session was an 80/20 split, with the City giving 80 percent. Jason Gage, City Page 5 D M Z (L LU D 0 U 16-0329 16-0330 116-0331 Manager, stated the discussion at the study session was 75/25 or 70/30. A conversation' ensued between the Commission and Mr. Gage regarding the special assessment split, the! housing study and type of housing from the study session presentation and conversation. Bill Sheppard, Cornerstone Development, Group, LLC, provided information on the future' of the development. Commissioner Blanchard asked if the townhome portion contained entrance and exit points. Mr. Sheppard stated there was an emergency exit at the end of the townhome area. Commissioner Davis asked if there was a chance of setting a precedence for special) assessments. Mr. Gage stated there should be consistency and the ability to set reasons for; varying from that. Michael Schrage, Deputy City Manager, stated he could agree with Mr. Gage but could also' say the developer was able to develop the area in order to make the property work. Commissioner Davis asked if cost was a factor, where would the development fall. Mr.! Sheppard stated the second phase could fall in the range of $200,000 to $250,000. . Commissioner Blanchard asked if there were additional amenities to be added to the development. Mr. Sheppard stated the addition of landscaping in the roundabout would be, added. Moved by Commissioner Hardy, seconded by Commissioner Davis, to approve Petition No. 4382 and authorize the Mayor to execute the Improvement District Development Agreement between the City of Salina and Cornerstone Development Group, LLC related to a special improvement' district for water, sanitary sewer, street and drainage improvements in Grand Prairie Addition,! Phase 11 with special assessments at 75%. Commissioner Ryan asked if the applicant was satisfied with the 75%. Mr. Sheppard stated he' would take whatever he could get, he didn't know if he had much choice. A conversation ensued between the Commission regarding the amenities of the subdivision and special assessment split. Mr. Sheppard stated the landscaping was paid for by the developer. Mr. Gage stated if the developer would include amenities that he did not have to include, then you' could vary the special assessment split from that. Greg Bengtson, City Attorney, stated in order to not create a precedent, it would be best to include, the matters in the record. Commissioner Hardy stated he was particularly interested in the townhome portion of the; development. He continued to state he had a pro and a con, the con being the price point of the; homes. Mr. Sheppard stated there would be no additional engineering costs for the project. Moved by Commissioner Hardy, seconded by Commissioner Ryan, to amend the motion to change the percentage from 75% to 80% with the reason of the curvilinear streets and inclusion of public art piece. Aye: (4). Nay: (1) Blanchard. Motion carried. Moved by Commissioner Hardy, seconded by Commissioner Davis, to approve Petition No. 4382; and authorize the Mayor to execute the Improvement District Development Agreement between! Page 6 N Z a W D O C U �l Elk the City of Salina and Cornerstone Development Group, LLC related to a special improvement district for water, sanitary sewer, street and drainage improvements in Grand Prairie Addition, Phase II with special assessments at 80% with the reasons of the curvilinear streets and inclusion of a privately funded art piece in a public place where it can be seen by the public. Aye: (4). Nay: (1) Blanchard. Motion carried. Mr. Gage asked staff who would contract for the work of the project the City of Salina or the developer. Mr. Stack stated the developer would pay the initial cost of the work and then be reimbursed by the City of Salina. (7.4) Building Related Codes. (7.4a) First reading Ordinance No. 16-10846 amending Chapter 8, Article I; Division 1 of the Salina Code adopting the 2012 International Building Code and local amendments. (7.4b) First reading Ordinance No. 16-10847 amending Chapter 8, Article I, Division 2 of the Salina Code adopting the 2012 International Residential Code and local amendments. (7.4c) First reading Ordinance No. 16-10848 amending Chapter 8, Article I, Division 3 of the Salina Code adopting the 2012 Uniform Plumbing Code and local amendments. (7.4d) First reading Ordinance No. 16-10849 amending Chapter 8, Article I, Division 4 of the Salina Code adopting the 2012 Uniform Mechanical Code and local amendments. (7.4e) First reading Ordinance No. 16-10850 amending Chapter 8, Article I, Division 5 of the Salina Code adopting the 2011 National Electrical Code and local amendments. (7.40 First reading Ordinance No. 16-10851 amending Chapter 8, Article I, Division 6 of the Salina Code adopting the 2012 International Energy Conservation Code. (7.4g) First reading Ordinance No. 16-10852 amending Chapter 8, Article III; Division 1 of the Salina Code adopting the 2012 International Fire Code and local amendments. Jim Brown, Building Official, explained the amendments and action options. Commissioner Davis asked if there were any amendments staff had reservations on. Mr. Brown stated no. Commissioner Blanchard asked if the energy code included local amendments. Mr. Brown stated yes, it did include local amendments. Commissioner Blanchard stated he had heard opposition from plumbing contractors on use of the international plumbing code. Mr. Brown stated the plumbing code used would be the Uniform Plumbing Code. Commissioner Blanchard asked about the requirement of municipalities for installation of fire sprinkler systems in single family homes. Roger Williams, Fire Marshal, stated there was currently .state law prohibiting municipalities from requiring installation of fire Page 7 16-0332 0 16-033 U) 0 16-0304 U 16-0335 16-0336 16-0337 16-0338 LI sprinkler systems in single family homes. Moved by Commissioner Ryan, seconded by Commissioner Davis, to pass Ordinance No. 16-10846 amending Chapter 8, Article I, Division 1 of the Salina Code adopting the 2012 International Building Code and local amendments on first reading. Aye: (5). Nay: (0). Motion carried. ' Moved by Commissioner Ryan, seconded by Commissioner Hardy, to pass Ordinance No. 16- 10847 amending Chapter 8, Article I, Division 2 of the Salina Code adopting the 2012 International Residential Code and local amendments on first reading. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Blanchard, seconded by Commissioner Ryan, to pass Ordinance No. 16- 10848 amending Chapter 8, Article I, Division 3 of the Salina Code adopting the 2012 Uniform Plumbing Code and local amendments on first reading. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to pass Ordinance No. 16- 10849 amending Chapter 8, Article I, Division 4 of the Salina Code adopting the 2012 Uniform Mechanical Code and local amendments on first reading. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to pass Ordinance No. 16- 10850 amending Chapter 8, Article I, Division 5 of the Salina Code adopting the 2011 National Electrical Code and local amendments. on first reading. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to pass Ordinance No. 16- 10851 amending Chapter 8, Article I, Division 6 of the Salina Code adopting the 2012 International Energy Conservation Code and local amendments on first reading. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Davis, seconded by Commissioner Blanchard, to pass Ordinance No. 16- 10852 amending Chapter 8, Article III, Division 1 of the Salina Code adopting the 2012 International Fire Code and local amendments on first reading. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Second reading Ordinance No. 16-10835 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 04-01 to address frontage requirements, access requirements, improvement standards and a fair share funding mechanism for perimeter streets abutting new subdivisions. Dean Andrew, Director of Planning, explained the changes, meeting history, and recommended action. Jason Gage, City Manager, stated the requirements and the funding piece were separated out and the funding piece would be handled separately. He continued to state the requirements would be contained within the code and thought the requirements were well developed. Commissioner Blanchard asked for additional information on the requirements of direct access perimeter streets and connecting streets. Mr. Gage stated the requirements would help the process of development. Greg Bengtson, City Attorney, stated the factors regarding the direct access perimeter streets and connecting streets would be addressed by the Governing Body. Mr. Andrew stated the factors would be moved to the Governing Page 8 N 16-0159 W U 16-0340 16-0341 Body instead of the Planning Commission. A conversation ensued between the Commission, Mr. Gage, Mr. Andrew and Michael Schrage, Deputy City Manager, regarding the direct access perimeter streets and connecting streets factors. Moved by Commissioner Davis, seconded by. Commissioner Hardy, to adopt Ordinance No. 16= 10835 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 04-01 to address frontage requirements, access requirements, improvement standards and a fair share funding mechanism for perimeter streets abutting new subdivisions on second reading. A roll call vote was taken. Aye: (5) Blanchard, Davis, Hardy, Ryan, Crawford. Nay: (0). Motion carried. OTHER BUSINESS (9.1) Request for executive session (legal). Jason Gage, City Manager, stated there would not be an executive session. Commissioner Blanchard asked about a special meeting date and time. Commissioner Davis asked if the meeting could take place on Friday morning (August 26, 2016). Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to hold a special City Commission meeting on Friday, August 26, 2016 at 8:30. a.m. in Room 107 to set the public hearing date for the various community improvement districts. Aye: (5). Nay: (0). Motion carried. Commissioner Blanchard asked if a study session could be held to review the STAR Bond Project Plan and TIF Project Plan. A conversation ensued between the Commission and Jason Gage, City Manager, regarding the topics to be included in the study session. Commissioner Blanchard asked if a formal presentation could occur once the economic feasibility study was available. A conversation ensued between the City Commission and Mr. Gage regarding the content of the formal presentation. Greg Bengtson, City Attorney, stated the executive sessions held in the past had included financial information or legal information in pieces. He stated there would be further, executive sessions regarding the development agreement; there would be a lot of private elements and public elements in the future. ADJOURNMENT Moved by Commissioner Blanchard, seconded by Commissioner Davis, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 7:36 p.m. [SEAL] Kay . C wf� ATTEST: r Off. Shandi Wicks, CMC, City Clerk Page 9