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04-10-2017 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS April 10,2017 4:00 p.m. The 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, a 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, Melissa Rose Hodges, 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 April, 2017 as "Sexual Assault Awareness Month" in the city of Salina. Amy Trower, DVACK Court Advocate, read the proclamation and announced associated events. Mayor Crawford asked if the Police Department or a local agency -would be willing to provide tips for safety to women in the community. CITIZENS FORUM None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of April 3,2017. (6.2) Award contract for the 2017 ADA Ramps, Project No. 70009, to APAC-Kansas, Inc., Shears Division in the amount of $41,117.75 with a 5% construction contingency of $2,055.89. (6.3) Authorize the Mayor to sign the Construction Engineering Services work estimate Supplemental No. 1 with Kaw Valley Engineering, Inc. and the Kansas Department of Transportation concurring with two (2) extra days of inspection services for the Greeley Avenue Bridge Replacement, City Project No. 08-2709. 17-0092 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Authorize the use of grant funds for improvements at the Salina Animal Shelter. Vanessa Cowie, Animal Services Manager, explained the improvements, funding and action options. Page 1 Commissioner Hodges asked if the kennels would be manufactured locally. Ms. Cowie stated yes. Commissioner Blanchard asked when the kennels will be ready. Ms. Cowie stated the manufacturing process would begin now and they can continue to use the existing kennels until the new kennels were ready to install. 17-003 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to authorize the use of up to $36,000 in grant funding provided by the Petco Foundation to purchase custom stainless steel cat kennels from Grain Belt Supply Co., Inc. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Application No. Z17-3, (filed by Bieberly Architects on behalf of Storage Mart, LLC), requesting a change in zoning district classification from PDD I-2 (Light Industrial Planned Development District) to I-2 (Light Industrial) on property located on the north side of Schilling Road east of Centennial Road. (8.1a) First reading Ordinance No. 17-10880. Dean Andrew, Director of Planning, explained the request, Planning Commission recommendation and action options. Commissioner Davis asked if the farm land was still in use. Mr. Andrew stated yes, the farm land was still in use. He continued to state the farm land was landlocked and the property owner had granted the farmer an access easement to access the adjacent farm land. Commissioner Davis asked what the reason was for the original PDD. Mr. Andrew stated there were concerns of the adjacent property owners at the time the original application was filed and the PDD was filed partly for those reasons but also due to the odd shape of the lot. Commissioner Blanchard asked what the original zoning was for the property prior to the original rezoning. Mr. Andrew stated the property was not zoned at the time due to it being an abandoned rail right-of-way. A conversation ensued between the Commission and Mr. Andrew regarding the original zoning of the property and the original rezoning of the property. Commissioner Blanchard provided his thoughts on the request. A conversation continued to ensue between the Commission and Mr. Andrew regarding the request and options for zoning of the property. Commissioner Hodges asked if sanitary sewer lines were needed who would be responsible to pay for that. Mr. Andrew stated the property owner would be responsible to pay for the improvements. Commissioner Ryan asked how the properties adjacent to the property were zoned. Mr. Andrew stated a portion was zoned 1-2, PDD and R-3. Dave Bieberly, Bieberly Architects, 227 N. Santa Fe, provided information regarding the request pertaining to the ability for the property owner to utilise the property for other uses. Commissioner Blanchard asked if the applicant knew at the time the original request was Page 2 submitted that there was the option to amend the PDD. Mr. Bieberly stated yes but the current request for rezoning to I-2 would allow the property owner additional flexibility for uses on the property. Commissioner Blanchard asked for additional information on the original request and why the applicant did not amend the PDD instead of requesting the rezoning of the property. Mr. Bieberly stated he saw it as an ability to let the property owner use the property to the = full extent. Commissioner Davis asked if one amendment could cover the entire parcel. Mr. Bieberly stated each amendment would need approval separately. Jason Gage, City Manager, stated U that there would need to be a separate amendment for each of the changes to the parcel. Commissioner Davis asked if the property was gated. Mr. Bieberly stated the property was gated and the tenants and the farmer all had access to the property. 17-0094 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to pass Ordinance No. 17-10880 on first reading approving a change in zoning district classification from PDD I-2 (Light Industrial Planned Development District) to I-2 (Light Industrial) on property located on the north side of Schilling Road east of Centennial Road concurring with the Planning Commission findings of facts; that 2. This subject property meets the minimum dimensional requirements for an 1-2 development lot and has public street access; 3. The subject property is adjacent to existing I-2 zoning property on the west and is buffered on the east by a flood control levee; and 4. The requested I-2 zoning conforms with the Comprehensive Plan which shows this property as being part of a future Employment area but not concurring with Planning Commission Finding No. 1. Aye: (5). Nay: (0). Motion carried. (8.2) Application No. Z17-1, (filed by DMA Architects on behalf of Salina Ortho Properties), requesting a change in zoning district classification from C-1 (Restricted Business) and R-3 (Multiple Family Residential) to H-M (Hospital Medical District) on property addressed as 523 South Santa Fe Avenue, 535 South Fifth Street and 537 South Fifth Street. (8.2a) First reading Ordinance No. 17-10881. Dean Andrew, Director of Planning, explained the request, Planning Commission recommendation and action options. Mayor Crawford asked if the request covered the house on the corner of Santa Fe and Prescott. Mr. Andrew stated the request did not cover the house. Commissioner Blanchard asked if a site plan was required for a hospital medical zoning district. Mr. Andrew stated a site plan was not required but stated the Design Review Board action would require a site plan. Commissioner Blanchard also asked if there was flexibility in the setback of the property line between the request property and the house. Mr. Andrew stated the site plan showed a larger buffer than what was there today. Mr. Andrew continued to state that the plan was to shift the paving away from the property line and would create an actual buffer. Commissioner Blanchard asked if the corner parking lot at the corner of Fifth and Prescott had an exit. Mr. Andrew stated the parking lot did not have an exit onto Prescott. Commissioner Hodges asked if the footprint of the clinic would change. Mr. Andrew stated no, the main entrance to the building would change to Fifth Street with the addition of a Page 3 canopy. A conversation ensued between the Commission and Mr. Andrew regarding the hospital medical zoning district and the future land use plan for the area. Commissioner Hodges asked how the motion today would affect the dispute on the property line. Mr. Andrew stated the action today was for Lot 14 and according to the survey the fence encroached on Lot 14 and staff felt the dispute would be best handled in N District Court. Greg Bengtson,City Attorney,concurred with staff's recommendation. Caleb Boone, Boone Attorney Service, Attorney, representing Dana Singleton, property owner of 543 S. Santa Fe, provided information on the dispute pertaining to the location of the concrete foundation wrought iron fence constructed by a fence builder for Ms. Singleton in 2010. Mr. Boone asked the Commission to put a 60 day hold, not a denial on the request, but for the matter to be mediated to keep the matter from going before District Court. Commissioner Blanchard asked if there were not disputed boundary line, would there be an objection of the rezoning of the property and asked if the request would be for the fence to remain. Mr. Boone stated no and stated if the fence would be allowed to remain where it was and for the property line to be redrawn to be straight and the buffer line to remain in the same location. A conversation ensued between the Commission and Mr. Boone regarding the fence in dispute. Mr. Bengtson asked Mr. Boone if there was a determination of the measurement at issue. Mr. Boone stated from his measurement the dimension would be approximately six (6) feet onto Lot 14. Mr. Bengtson also asked if the plan anticipated removal of the fence. Mr. Boone stated no. Commissioner Davis asked if any construction could continue with the current zoning of the property. Mr. Andrew stated that the property would have to be rezoned in order for the property to be utilized as a parking lot. He continued to state that the Design Review Board would also need to review the application upon the rezoning of the property. Commissioner Ryan asked what the timeline was on the project. Mr. Andrew stated he was sure the applicant would want to move the request along but was not completely sure of the timeline. A conversation ensued between the Commission and Mr. Andrew regarding the project timeline and the dispute. Commissioner Davis provided his thoughts on the request and the dispute. Mr. Bengtson stated that it was up to the Commission to decide if they wish to acknowledge the request of Mr. Boone or to continue with the request. Justin May, DMA Architects, stated that Ms. Singleton had over 60 days to work out the dispute of the fence and to contact a professional civil engineer and stated the request was to rezone the property for use of a parking lot. Commissioner Blanchard asked if the fence at 543 South Santa Fe was shown on the site plan. Mr. May stated yes, the fence was shown on the site plan. Commissioner Blanchard asked if the fence could remain in the eyes of the applicant. Mr. May stated he thought that the property owner would be willing to let the fence remain. Page 4 A conversation continued to ensue between the Commission and Mr. May regarding the property survey and the request. A conversation ensued between the Commissioners regarding the request to rezone the property. E Mr. Bengtson stated that it was not a matter of the survey but a matter of the facts over a lifetime of the use of the fence. He continued to state that he did not think that the N Commission would want to inadvertently alter the normal process of action on the request. Commissioner Hodges asked if there would come a point in time that the fence would be Ll considered property of the owner. Mr. Boone stated that there was a 15 year time frame for that to happen. 17-0095 Moved by Commissioner Davis, seconded by Commissioner Hodges, to pass Ordinance No. 17- 10881 approving a change in zoning district classification from C-1 (Restricted Business) and R-3 (Multiple Family Residential) to H-M (Hospital Medical District) on property addressed as 523 South Santa Fe Avenue, 535 South Fifth Street and 537 South Fifth Street on first reading. Aye: (5). Nay: (0). Motion carried. Commissioner Blanchard asked if the future land use map could be updated in the future either by request of the City Commission or the Planning Commission. Jason Gage, City Manager, stated that the City Commission could reach a consensus to request the update of the future land use map and staff would handle the item on behalf of the Commission. The City Commission did reach a consensus to request staff to begin working on the request to update the future land use 1 map and return it to the City Commission for action. OTHER BUSINESS (9.1) Request for executive session (legal/trade secrets). 17-0096 Moved by Commissioner Davis, seconded by Commissioner Hodges, to recess into executive session for two (2) hours 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 to discuss confidential data relating to the trade secrets of a business entity for the reason that public discussion of the information would competitively disadvantage the business entity and reconvene at 8:00 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:00 p.m. and reconvened at 8:00 p.m. No action was taken. 17-0097 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to extend the current executive session for an additional 80 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 8:00 p.m. and reconvened at 9:20 p.m:No action was taken. ADJOURNMENT 17-0098 Moved by Commissioner Ryan, seconded by Commissioner Hodges, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 9:20 p.m. Page 5 • (SEAL] aye . C a ford, Mayo ATTEST: w (OM Shandi Wicks,CMC,City Clerk 0 0 1 • • 1 Page 6