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10-02-2017 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 2, 2017 4:00 p.m. The City Commission convened at 2:30 p.m. for Parks Master Plan Survey Results and at 3:45 p.m. 2 for Citizens Forum. 8 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, 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 October, 2017 as "National Arts and Humanities Month" in the city of Salina. C.J. Hammond, Arts and Humanities Commission Vice Chair, read the proclamation. Stacey Ash, Arts Education Coordinator, announced the associated activities. (3.2) The month of October, 2017 as "Community Planning Month" in the city of Salina in conjunction with the celebration of National Community Planning Month. Owen Freiburger, Planning Commission Vice Chair, read the proclamation and announced associated events. (3.3) The month of October, 2017 as "Domestic Violence Awareness Month" in the city of Salina. Abby Hunter, Domestic Violence Victim Advocate, 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 September 25, 2017. 17-0275 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) First reading Ordinance No. 17-10902 amending Salina Code Sections 8-1-1-2902.1 and 8-1-3422.1 pertaining to minimum plumbing facilities. Sean Pilcher, Interim Building Official, explained the request received, Building Advisory Board action and the commission action options. Page 1 Commissioner Davis asked for clarification on the motion options. Mr. Filcher stated if the City Commission would like to concur with the Building Advisory Board's recommendation to deny the request, the City Commission would choose Option No. 1. Commissioner Hodges asked staff if they were aware of any lots that have not been developed due to the requirement. Mr. Pilcher stated he was not aware of any current lots but did know the requirement was a problem for the potential Popeye's Chicken. N Michael Schrage, Deputy City Manager, stated there were 2 possible solutions to the problem for the Popeye's Chicken location, one (1) to decrease the occupancy level or two (2) to change the site plan of the location to include the additional fixture. Commissioner Blanchard provided his thoughts on the request. He continued by asking if a portion of the code was tailored to the Uniform Plumbing Code (UPC) instead of using the International Plumbing Code (IPC). Mr. Pilcher responded by stating there were several code hearings along with public input in 2015 and 2016 prior to the adoption of the UPC that took effect in January of 2017. A conversation ensued between the Commission and Mr. Schrage regarding the minimum plumbing fixture requirements. 17-0276 Moved by Commissioner Davis, seconded by Commissioner Hodges, to deny the request to amend Sections 8-1-1-2902.1 and 8-1-3-422.1 of the Salina Code relating to the minimum plumbing facilities to replace Table 422.1 of the UPC with a new table that would be in line with the plumbing fixtures requirements of Table 2902.1 of the IBC. Mr. Schrage stated Option No. 1 was to concur with the Building Advisory Board's recommendation to deny the request. Shandi Wicks, City Clerk, restated the motion to deny the request to amend Sections 8-1-1-2902.1 and 8-1-3-422.1 of the Salina Code relating to the minimum plumbing facilities to replace Table 422.1 of the UPC with a new table that would be in line with the plumbing fixtures requirements of Table 2902.1 of the IBC. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Consider a request (filed by Shelly Bigham dba Centerfire Range and Training Center) to enter into an Outside the City Water and Sanitary Sewer Agreement and Consent to Annexation Agreement to allow a proposed indoor shooting range to connect to the City's water and sanitary sewer system. Dean Andrew, Director of Planning, explained the request, current zoning limitations, Comprehensive Plan - Future Land Use Map, needed information and action options. Commissioner Davis asked if it would be improper to not suggest or request to annex a property be submitted but instead wait for the zoning text amendment process to run its course. Jason Gage, City Manager, stated that was the same question he had for Mr. Andrew. Mr. Gage stated staff could synchronize the actions to keep the same timeline but asked if it was best for either action to coordinate or synchronize with the zoning text amendment or just thereafter. Mr. Andrew stated for question of timing, if the Bigham's applied for a building permit in Saline County, it could be approved but if the applicant applied in the City of Salina, it would require a zoning text amendment since the use of the facility was currently not allowed in the City of Salina. Page 2 A conversation ensued between Mr. Gage and Mr. Andrew regarding the location, a possible zoning text amendment and future possibility for a non-conforming property. Michael Schrage, Deputy City Manager, stated the property owner would have to make a decision on the water for the property prior to applying for a permit through Saline County and before the permit could be issued. He continued to state there were two scenarios, one (1) no city water or sewer service and would work from a well and septic tank in the county, two (2) have yet to be annexed into the City but have a water connection agreement with the City of Salina such that at least city water could be connected to the site. Mr. Andrew added there could be a third scenario to let the zoning text amendment run its course and the property owner request the property be annexed into the city limits and they do not have to request to connect to city water since the property would be inside the city limits. Mr. Gage asked if during the Saline County permitting process,could Saline County issue a permit without the connection to city water or potable water. Mr. Andrew stated it would be up to the county planner on potable water. He continued by stating since the local fire code was not enforced outside the city limits, there would be the question if the state fire marshal would approve construction of a building in Saline County that does not meet the fire code. He continued by stating it had been done before in Saline County so there was not a clear indication how it would be handled this time. A conversation ensued between the Commission, Mr. Gage, Mr. Andrew and Mr. Schrage regarding the request and application for a building permit to the City of Salina or Saline County. Commissioner Ryan asked if the property was contiguous to the city limits. Mr. Andrew stated this property was contiguous and the additional 14 properties were mostly located in the South Industrial Area and many of the properties were not contiguous. He continued by stating a majority of the properties were not touching the city limits of Salina such as Exide and Philips Lighting. Crestwood and Doug Bradley Trucking were both contiguous properties: Commissioner Ryan asked if the properties outside of the City of Salina paid a higher amount for their water service. Mr. Andrew stated yes, the rate for water service was higher for those located outside of the city limits. He continued by stating the properties would pay 125% of the water service fee. Commissioner Ryan asked if the properties were annexed would they be required to pay property tax and sales tax. Mr. Andrew stated yes, the properties would be required to pay both property tax and sales tax. He continued by stating the property would pay 100% of the water service fee instead of 125% when they are located outside the city limits. Commissioner Blanchard asked if the request could be split. Mr. Andrew stated the request could not be split so the City Commission would have to approve both the Outside the City Water Connection Agreement and the Consent to Future Annexation. A conversation ensued between the Commission and Mr. Andrew regarding the request and the proposed zoning text amendment. Mr. Gage stated the Commission should be careful to prejudge the zoning since the request was to enter into an Outside the City Water Agreement and Consent to Annexation Agreement to allow a proposed indoor shooting range to connect to the City's water system Page 3 not for the zoning text amendment. Mr. Schrage provided additional information regarding the comprehensive plan relating to properties outside the city limits in an industrial zoning district and the consent to annexation of those properties. A conversation ensued between the Commission, Mr. Schrage, Mr. Andrew and Mr. Gage regarding the current request following the comprehensive plan and the history of the waterline loop. y Commissioner Blanchard asked what other properties in the area were currently serviced by city services. Mr. Andrew responded by stating King Industries was currently serviced by city services. Mr. Andrew continued by explaining the cost recovery benefit district for 3 the area. Commissioner Blanchard asked if an agreement was signed for a consent to annex, what obligation would there be for required annexation of the streets and the long term obligation for maintenance of the streets. He continued by asking what the likelihood was for receiving a notice from Saline County on the requirement to annex the streets into the city limits. Greg Bengtson, City Attorney, stated that was more of a political question pertaining to Saline County not a legal question. He continued to state the attempt to go through that course of action could be a possibility. Commissioner Blanchard provided his thoughts on the possibility of the streets annexed into the city limits. Commissioner Blanchard asked if the street was required to be annexed into the city limits, would the street have to be brought up to minimum street standard. Mr. Gage stated the street would not have to be brought up to a specific standard. Mr. Gage asked if the property currently needed to be platted. Mr. Andrew stated according to state law, if the property was zoned, it could be brought into the City of Salina with the equivalent zoning without the need of platting or a Planning Commission public hearing. Mr. Gage stated we do not know if Saline County would submit a request but if Saline County would provide notice to annex in the adjacent roadways, the streets would be added to the list within the current legal case. Mr. Bengtson stated according to the state law, there is a basis for triggering the process to require the streets to be annexed. He continued by stating this was part of a current legal case with Saline County and there was the possibility of a request for the street to be annexed. Mr. Gage stated there was a possibility with any potential property annexation in the future for the request of annexation of an adjoining street. Mr. Gage provided his thoughts on the consent to annexation and the timing of the items pertaining to this property. A conversation ensued between the Commission, Mr. Gage and Mr. Andrew regarding the action options and the potential timing of the items pertaining to the property. Commissioner Hodges asked if the zoning text amendment could be reviewed by the City Commission sooner than the first meeting in November. Mr. Andrew stated it would take time for staff to prepare the minutes of the Planning Commission meeting and the staff report so the item wouldn't be ready before the first meeting in November. A conversation ensued between the Commission and Mr. Gage regarding the action options and timeline of the agenda items. Page 4 Commissioner Blanchard asked what the property was zoned as in the county. Mr. Andrew stated the property was currently zoned as II-I (heavy industrial) in Saline County and the property would come in as heavy industrial through the annexation if the property was annexed into the city limits unless the City Commission specified differently. Commissioner Blanchard asked if the property would be annexed in as an I-3 zoned property, would the property be compatible and consistent with the other properties in the area pertaining to parking lot, driveway and landscaping requirements. Mr. Andrew stated all of the properties in the vicinity were zoned heavy industrial. Mr. Andrew stated staff brought the item to the City Commission so the applicant would know if the property would be considered to be annexed into the city limits. If it was determined to be a city project, staff would work to get the items on a timeline to move forward. Shelly Bigham, 2216 Leland Way, representative of the Centerfire Range and Training Center, thanked the City Commission for their time and stated she submitted the request in August 2017 and thought she would have answers by now and was ready to apply for a building permit. She continued by stating they were requesting city water services and stated due to the square footage of the property and the range being outside the building, there was not a requirement for a fire sprinkler system in the building. Commissioner Blanchard asked if the property was built in the county and was not immediately annexed but would be considered to be annexed in the future, what steps would have to be completed. Mr. Gage stated the property could remain in the county and not be annexed or a zoning would have to be established before the property could be annexed into the city limits. Mayor Crawford asked if there were additional properties in the area that were not annexed. Mr. Gage stated yes, there were other properties that had city water services with consent to future annexation with the thought they would be annexed in the future. He continued by stating the current comprehensive plan states a property should not be immediately annexed into the city, it was not a good development practice. Mrs. Bigham stated from her understanding of the development review team meeting, she had a couple options; one (1) the property could remain in the county with no water or sewer or two (2) remain in the county but request for relief from city policy. She continued to state her request was for request to deviate from city policy from the information she had received at the development review team meeting. Mrs. Bigham also stated she would feel more comfortable leaving the meeting knowing the decision of the City Commission on the consent to future annexation and city water services. Mr. Schrage commended Mrs. Bigham and her husband for the due diligence they have put into this project. He continued by stating the information Mrs. Bigham described was accurate but based on further review the comprehensive plan was not that specific and was more open ended as far as the approach to the utilities outside the city limits. Mr. Schrage continued to explain the steps for utilities outside the city limits. Commissioner Blanchard asked if the City commission would be consistent if they chose 111 Option No. 1 today but if they never annexed the property into the city limits. Mr. Schrage stated there were recommendations contained in the comprehensive plan to follow regarding utility extensions and annexation. He continued by reading the information from the staff report on the comprehensive plan recommendation. Page 5 A conversation ensued between the Commission, Mr. Schrage and Mr. Gage regarding the property relating to the Comprehensive Plan. Mr. Gage asked staff how long it would take to get the Outside the City Water Agreement completed along with the cost benefit analysis. Mr. Andrew stated the agreement was mostly complete with the cost benefit portion and the legal description left to complete. Mr. Gage stated there was a possibility of the zoning text amendment and the Outside the H City Water Agreement to follow the same timeline. 8 Commissioner Blanchard provided his thoughts on the request and the need to annex the property into the city limits. Mr. Bengtson asked for a moment with staff at 5:36 p.m. Mr. Bengtson and staff rejoined the meeting at 5:40 p.m. Commissioner Blanchard asked if there was a decision on the timeline of the request. Mr. Gage stated it was going to take time to develop a proper legal description and the methodology. He continued to state the zoning text amendment should be able to get to the City Commission on the first meeting in November. He stated if the City Commission went with Option 1, the property would have city water but could not be annexed into the city limits which would be against the comprehensive plan. He continued to state Option 2, would require the property to be annexed but a building permit could not be issued until the zoning text amendment was approved and went into effect. A conversation ensued between the Commission and Mr. Gage regarding the Commission action options. 17-0277 Moved by Commissioner Blanchard, seconded by Commissioner Ryan, to prepare and finalize an Outside the City Water and Sanitary Sewer Connection Agreement and Consent to Future Annexation with Pestinger Enterprises and Mick and Shelly Bigham dba Centerfire Range and Training Center. Commissioner Hodges asked if there was a possibility for staff to sync the schedules to bring the zoning text amendment and related items together at one time. She continued by asking if Commissioner Blanchard would be willing to amend his motion. Mr. Gage asked staff if practically speaking the items could be synced together to be brought back to the City Commission at the same time. Commissioner Blanchard asked if he needed to amend his motion to strike the word finalize from the motion. Mr. Bengtson asked if Mrs. Bigham knew when a surveyed legal description would be available. Mrs. Bigham stated the surveyor was summoned four (4) weeks ago but did not know when a surveyed legal description would be available. Mr. Bengtson stated if he understood the question correctly, the Commission would like staff to do everything they can to sync the items together to process the request as soon as possible. He continued by stating there were additional questions regarding the cost benefit analysis and the possible need for work with bond counsel. He continued further to state there was a need for the surveyed legal description to properly allocate the cost for the property. Mr. Andrew stated yes, staff would need the surveyed legal description and the square footage of the property to properly allocate the cost. Mr. Bengtson stated there were several things that would need to be done in order to sync the items together. Page 6 Commissioner Davis stated he would prefer to do things correctly than quickly. Commissioner Davis asked what would happen if the zoning text amendment could not be resolved. Mr. Gage stated there would be a choice to approve the agreement recognizing the property may not comply with the comprehensive plan or to not approve the agreement. He continued by stating a motion today to direct staff to prepare and finalize the needed paperwork for the consent to annexation and outside the city water service for future action did not mean the City Commission had act of the items. Commissioner Blanchard stated he would prefer to leave the motion as stated. He 0 continued by stating he felt staff worked hard to get the requests processed in a timely " manner. Mr. Gage stated that Commissioner Hodges had the option to make a motion to amend the motion and see if it passes through. Commissioner Hodges withdrew the request for an amendment. Commissioner Davis provided his thoughts on the request and conformance with the comprehensive plan. A conversation ensued between the Commissioners regarding the request and the conformance with the comprehensive plan. Mr. Gage stated with the information currently available and the current zoning of the property in Saline County, there was a low probability that the property would not be annexed in. Mayor Crawford restated the motion to prepare and finalize an Outside the City Water and Sanitary Sewer Connection Agreement and Consent to Future Annexation with Pestinger Enterprises and Mick and Shelly Bigham dba Centerfire Range and Training Center. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Commissioner Hodges stated she was at an Equality Kansas meeting a few weeks ago and asked if there would be any consensus to review the City Personnel Manual and the City of Salina Human Resources policies to incorporate the recognition of diversity. Mayor Crawford stated she thought there was a ten (10) year requirement to wait in order to put that into place again. Jason Gage, City Manager, stated the ten (10) year requirement pertained to the entire community. Mayor Crawford asked if the request was to update the City of Salina policies only or for the entire community. Commissioner Hodges stated the request would pertain to the City of Salina policies only. Mayor Crawford asked staff to take a look at the request and bring it back to the City Commission. Gary Martens, 821 Highland Avenue, stated the ordinance was repealed by a vote and the City Commission was asked to formally repeal the ordinance. Mr. Martens provided additional information on the request. Commissioner Blanchard asked what the process would be for this request. Mr. Gage stated he would have to look at the duties of the Human Relations Commission and staff through the request to bring back to the City Commission the options. Mr. Gage asked when the City Commission would like the request returned to them. Commissioner Hodges asked how long staff would need to complete the request. Mr. Gage stated there would be a legal portion of the request that would need to be reviewed and then brought back to the City Commission. He continued to state there were additional Page 7 items that need to come back to the City Commission prior to the end of the year. Commissioner Blanchard asked if it was possible for staff to review the last ordinance and return information to the City Commission. Mr. Gage stated staff would be willing to look at it and return it next week. Commissioner Blanchard thanked Mr. Gage for working with the school superintendent on recent matters. (9.1) Request for executive session (legal). 17-048 Moved by Commissioner Davis, seconded by Commissioner Hodges, to discuss contract negotiations with legal counsel pursuant to the attorney-client privileged communications with legal counsel exception, K.S.A. 45-7319(b)(2), for 45 minutes. The open meeting will resume in this room at 7: 05 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:20 p.m. and reconvened at 7:15 p.m. No action was taken. ADJOURNMENT 17-0279 Moved by Commissioner Hodges, 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 7:15 p.m. ii 1111 l [SEAL] ` . aJ.t ra•• . ., ayli, ATTEST: DKCIJAOL Shandi Wicks,CMC,City Clerk I Paee 8