11-06-2017 Minutes CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
November 6,2017
4:00 p.m.
The City Commission convened at 3:45 p.m. for Citizen Forum and executive session (legal).
17-040 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to discuss Kansas Open
Records Act application with legal counsel pursuant to the attorney-client privileged
communications with legal counsel exception, K.S.A. 45-731904(2), for 5 minutes. The open
meeting will resume in this room at 4:00 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 3:55 p.m. and reconvened at 4:00
p.m. No action was taken.
The Regular Meeting of the Board of Commissioners was called to order at 4:05 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
None.
CITIZENS FORUM
Phil Black, 118 E. Republic, asked if there was a comprehensive health plan for the City of
Salina. Jason Gage, City Manager, stated no due to the community health and wellness
being a primary task of the Saline County Health Department. Mr. Black continued to
provide his thoughts on the need to establish a comprehensive health plan and to form an
ad-hoc committee to develop a comprehensive health plan.
Cindy Beneke, Deputy Finance Director, introduced Debbie Pack, Director of Finance &
Administration and Rachel McDaniel, City Accountant as new employees for the City of
Salina. Commissioner Blanchard thanked Cindy Beneke, Deputy Finance Director for all of
her hard work during the interim time.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of October 16, 2017.
(6.2) Approve Resolution No. 17-7491 authorizing the Mayor to execute an amended
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 at 1510 West Republic Avenue.
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17-0301 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve the consent agenda
as presented. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Resolution No. 17-7493 providing notice of a public hearing on the advisability of
creating the HPSA, LLC North Ninth Street Community Improvement District
(Southwest Quadrant of North Ninth Street& I-70).
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cl Michael Schrage, Deputy City Manager, explained the district, use of funding, funding
sources, financing alternatives and request submitted.
17-0302 Moved by Commissioner Hodges, seconded by Commissioner Blanchard, to adopt Resolution No.
17-7493 setting November 27, 2017 at 4:00 p.m. as the date and time for a public hearing to
determine the advisability of creating the HPSA, LLC North Ninth Street Community
Improvement District. Aye: (5). Nay: (0). Motion carried.
(7.2) First reading Ordinance No. 17-10908 levying Salina Business Improvement District
Number 1 service fees for 2018.
Cindy Beneke, Deputy Director of Finance and Administration, explained the district and
fees.
Commissioner Blanchard asked how much the 2.5% increase affected the annual budget for
2018 versus the 2017 annual budget. He continued by asking if the offset was due to the
loss of the bank building going to a non-profit use on Santa Fe. Ms. Beneke stated the
budget was $74,000 for 2017 and would be approximately $76,000 for 2018. Jason Gage,
City Manager, stated anytime a building would change from a revenue generated business
to a not-for-profit organization that it would affect the fees collected.
Commissioner Blanchard stated he had reviewed the table within the staff report and asked
if Salina Regional Health Center (SRHC) and the surrounding surgical centers paid service
fees. Mr. Gage stated he believed SRHC was a not-for-profit organization therefore they
would not pay into the district. Mr. Gage also stated there was a time when SRHC gave
some type of contribution to the BID.
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Commissioner Blanchard asked if the fee increase were reviewed by Salina Downtown, Inc.
Board of Advisors and advertised. Mr. Gage stated the percentage was agreed upon after
conversations during city commission study sessions on the 2018 budget.
Commissioner Blanchard provided his thoughts on the income producing properties on
Santa Fe as well as a potential to having too many non-income producing businesses in the
area. Mr. Gage stated we cannot keep the non-income producing businesses from locating
in the area. He continued by stating that the stronger the market demand is the less you see
the not-for-profit businesses.
Commissioner Blanchard asked if an adjustment had been made to the downtown STAR
Bond District to the area of available square footage that was once deemed commercial or
housing but was now non-income producing. Mr. Gage stated he thought the property was
listed as housing originally but staff would need to look into the tax projections to see if it
needed to be changed.
Michael Schrage, Deputy City Manager, stated when the STAR Bond district was formed
and the feasibility analysis was completed, the medical school was factored into the
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feasibility analysis.
17-0303 Moved by Commissioner Davis, seconded by Commissioner Ryan, to pass Ordinance No. 17-10908
levying Salina Business Improvement District Number 1 service fees for 2018 on first reading.
Aye: (5). Nay: (0). Motion carried.
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(7.3) First reading Ordinance No. 17-10907 amending the Salina Code changing the name
of the Lee District back to the Salina Business Improvement District Number 1.
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Jason Gage, City Manager, explained the history and the changes.
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Commissioner Hodges stated a correction to Section 11 of the ordinance. Mr. Gage stated
staff could make the correction between first and second reading.
17-0304 Moved by Commissioner Hodges, seconded by Commissioner Blanchard, to pass Ordinance No.
17-10907 changing the name of the Lee District back to the Salina Business Improvement District
Number 1 on first reading. Aye: (5). Nay: (0). Motion carried.
(7.4) Resolution No. 17-7496 authorizing the Mayor to sign a contract for a conceptual
study and preliminary engineering design services for Broadway Boulevard
between Crawford and Ash Streets, City Project No. 70028.
Dan Stack, City Engineer, explained the project, services to be provided, fiscal impact and
action options.
Commissioner Hodges asked why the plan stopped at Ash and did not continue to Elm.
I Mr. Stack stated Ash was the last street before going over the viaduct.
Commissioner Blanchard asked how the park would be included in the project.Jason Gage,
City Manager, stated staff would need to work closely with the firm on the intent of the
park in conformance with the park master plan.
Commissioner Blanchard asked if staff anticipated the document would be used toward
downzoning the area which would be consistent with the comprehensive plan. He
continued by asking if the study would be adopted into the comprehensive plan. Mr. Stack
stated that staff had the same questions and was the reason staff wanted to hire a firm.
Commissioner Blanchard asked if a portion of the community engagement meetings would
include the downzoning of the properties. Mr. Stack stated he was not sure what the plan
was for the community engagement conversations. Jason Gage, City Manager, stated the
engineering firm would need to review the project first and then include in the community
conversations the downzoning of the properties.
A conversation ensued between the Commission, Mr. Gage and Mr. Stack regarding the
project, community engagement, potential downzoning of the property and conformance
with the comprehensive plan.
17-0305 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to adopt Resolution No. 17-
7496 authorizing the Mayor to sign a contract for engineering design services with RDG Planning
and Design,City Project No. 70028, in the amount of$50,000. Aye: (5). Nay: (0). Motion carried.
0I (7.5) First reading Ordinance No. 17-10903 amending Salina Code Section 41-28
pertaining to water taps and charges and Section 41-71.1 pertaining to sewer
.I connection permits and fees.
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Michael Schrage, Deputy City Manager, explained the amendments and the action options.
Commissioner Davis asked what the best compelling interest was for this item. Mr. Schrage
stated declaring a compelling public interest would be appropriate in order to give
ourselves the discretion to choose the different types of cost recovery to exercise the
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preferred approach in conjunction with the request that was on the agenda for today.
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W Greg Bengtson, City Attorney, agreed with Mr. Schrage's response.
g Commissioner Blanchard asked if the Outside the City Water Connection and Consent to
'4 Annexation agreement was approved by resolution. Mr. Schrage stated yes.
8 Commissioner Ryan asked in practical application of the cost recovery and the two (2)
choices available, could the options be blended when working with an applicant. Mr.
Schrage stated conformance with one of the two options would be needed but if there was
need for a hybrid or alternate approach, action could be taken at the time the approach was
developed.
17-0306 Moved by Commissioner Hodges, seconded by Commissioner Davis, to pass Ordinance No. 17-
10903 amending Salina Code Section 41-28 pertaining to water taps and charges and Section 41-
71.1 pertaining to sewer connection permits and fees on first reading. Aye: (5). Nay: (0). Motion
carried. •
17-0307 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to declare a compelling
public interest exists for second reading approval of Ordinance No. 17-10903 on the same day as
the first reading. Aye: (5). Nay: (0). Motion carried.
17-0308 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to adopt Ordinance No.
17-10903 amending Salina Code Section 41-28 pertaining to water taps and charges and Section 41-
71.1 pertaining to sewer connection permits and fees on second reading. A roll call vote was
taken. Aye: (5) Blanchard, Davis, Hodges, Ryan, Crawford. Nay: (0). Motion carried.
(7.6) Resolution No. 17-7494 amending the City of Salina's Personnel Manual.
Natalie Fischer, Director of Human Resources, explained the amendments and action
options.
Commissioner Blanchard thanked staff for including the additional revisions in the
manual.
Mayor Crawford asked if someone was hired under one gender and decided to change
genders during employment would that be covered under the City of Salina health
insurance plan. Ms. Fischer stated the physical change may not occur but the gender
someone would prefer to identify as could change. Jason Gage, City Manager, stated the
medical procedures to change a person's gender was not currently covered in the health
insurance plan but would have to be added at a significant expense.
Commissioner Davis stated during his research it appeared the sexual orientation surgery
could be covered by some insurances but additional cosmetic services would not be
a covered but that was based on his own research. ,
Mayor Crawford provided her thoughts on the amendments and the effect on the health
insurance plan.
i Commissioner Blanchard stated regardless of who walked through the door, everyone
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would be treated the same. He continued by providing his thoughts on the amendments
and the dignity and respect shown to all individuals.
Commissioner Blanchard stated upon his research that the Equal Employment Opportunity
Commission (EEOC) was still enforcing Title 7 workplace and there were still cases
pending. Commissioner Davis stated he had received information from the Director of the
Kansas Human Rights Commission stated that in Kansas it was not a protected category
but the cases were still referred to the EEOC. The EEOC was still accepting them but Jeff
Sessions stated the Department of Justice would no longer review the cases.
A conversation ensued between the Commission and Mr. Gage regarding the EEOC and
the review of the pending Title 7 cases.
Commissioner Hodges provided her thoughts on the amendments pertaining to equal
opportunity, sexual orientation and other workplace harassment.
17-0309 Moved by Commissioner Davis, seconded by Commissioner Blanchard, to adopt Resolution No.
17-7494 amending the City of Salina's Personnel Manual. Aye: (5). Nay: (0). Motion carried.
(7.7) Resolution No. 17-7495 adding public accommodation protections for "sexual
orientation" and "gender identity" as it relates to the access and use of the City's
facilities and the provision of all municipal services.
Jason Gage,City Manager,explained the policy and action options.
Commissioner Davis asked if a situation arose and an equitable solution could not be
reached, what would happen. Mr. Gage provided an example and stated the solution
would be to enforce the policy and provide additional information on the policy.
Commissioner Davis asked what shower or restroom facilities were available at Kenwood
Cove. Mr. Gage stated there were unisex facilities available but staff could not force an
individual to use the unisex facility.
Commissioner Blanchard provided his thoughts on the policy.
17-0310 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to adopt Resolution No.
17-7495 adding public accommodation protections for "sexual orientation" and "gender identity"
as it relates to the access and use of the City's facilities and the provision of all municipal services.
Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(8.1) Application #Z17-6, (filed by the Salina Planning Commission), requesting approval
of a text amendment to add indoor shooting ranges to the list of conditional uses
allowed in the C-3 (Shopping Center) district, the C-4 (Central Business) district, the
C-5 (Service Commercial) district, the C-6 (Heavy Commercial) district, the C-7
(Highway Commercial) district and to the list of permitted uses in the I-2 (Light
Industrial) district and the I-3 (Heavy Industrial) district.
(8.1a) First reading Ordinance No. 17-10904.
Dean Andrew, Director of Planning, explained the request, Planning Commission
recommendation and action options.
Commissioner Blanchard asked if there were concerns of staff on conditional uses in
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industrial zones. Mr. Andrew stated there could be some issues with conditional uses but it
would be up to the governing body on their decision. He continued by stating the
governing body could vote for option #2.
Commissioner Blanchard asked what the tone of the conversation was at the Planning
Commission meeting. Mr. Andrew stated the Planning Commission board was more
concerned with the commercial districts due to being in town versus the industrial zones
= that were on the outskirts of town.
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Commissioner Hodges asked why C-3, C-4 and C-5 districts were included in the text
amendment as conditional uses and provided her thoughts on indoor shooting ranges
within the downtown area. Mr. Andrew stated the initial plan in July when the text
amendment was originally reviewed did not include the C-4 zoning district but several
Planning Commission board members felt there could be locations within the downtown
area with buildings that had a basement to accommodate the use.
Commissioner Hodges asked if the C-4 district could be removed from the ordinance. Mr.
Andrew stated yes as long as there were four (4) commissioners approving the motion.
Commissioner Blanchard asked if the C-4 district only pertained to downtown Salina. Mr.
Andrew stated yes, the C-4 Central Business District was just for downtown Salina.
Commissioner Davis asked if there were any unusual environmental concerns that would
require separation from adjacent properties that would limit future development of vacant
property adjacent to the indoor shooting range. Mr. Andrew stated one requirement staff
found uniformly was the decibel limits and sound protection inside and around the facility.
He continued by stating the decibel limits in some communities were established at the
property lines for performance standards. Mr. Andrew also stated from an environmental
standard, the code reviewing agencies would need to review the building walls and noise
outside the facility. Mr. Andrew stated the impact to adjacent properties would be the noise
from the facility.
Commissioner Davis asked if the noise level would be measured within the building or at
the property line. Mr. Andrew stated Occupational Safety & Health Administration
(OSHA) had regulations that applied across the board that would apply regardless of any
local standards. He continued by stating most communities were using conditional use
permits to establish performance standards within the process. He continued by stating an
operational plan would need to be drafted by the owner/occupant addressing the
performance and environmental standards and submitted to OSHA.
Commissioner Blanchard asked if there were advertising regulations for indoor shooting
ranges in downtown Salina. Mr. Andrew stated a sign advertising an indoor shooting
range would be permissible but a billboard would not be allowed in downtown Salina.
Commissioner Hodges asked what the other prohibited uses were in the C-4 district. Mr.
Andrew stated mini-warehouses, payday loan companies, and massage parlors were
prohibited uses in the C-4 district.
Commissioner Davis provided his thoughts on the request.
Commissioner Davis asked where additional I-2 districts were in Salina. Mr. Andrew stated
the area by Woodland and Van Home was an I-2 zoned district.
Commissioner Davis asked if there were any considerations for indoor shooting ranges
within proximity to residential areas. Mr. Andrew stated not as presently proposed but it
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could be added to the conditional use process.
A conversation ensued between the Commission and Mr. Andrew regarding indoor
shooting ranges in zoning districts by use type and indoor shooting ranges in the
downtown area.
Commissioner Davis provided his thoughts on the I-2 zoned areas in close proximity to
residential areas.
Commissioner Hodges asked how long the conditional use permit process took and what
did the process look like. Mr. Andrew stated the most common type applied for was group
daycare homes. He continued by stating the entire process took 30 to 35 days including
notifications to the neighbors and a public hearing conducted by the Planning Commission,
if there were no protests, the Planning Commission's decision would be final.
Michael Schrage, Deputy City Manager, stated there were a lot of regulations pertaining to
indoor shooting ranges but very few of those regulations were in the International Building
Code that has been adopted for the City of Salina. He continued by stating if a building
permit application was submitted, there would not be a lot of direct building codes that
would apply to indoor shooting ranges, staff would look to other guidance to impose as
part of the conditional use permit process.
Commissioner Davis asked what would be the appropriate action if he wanted to propose
something other than the options within the staff report. Mr. Andrew explained the action
options.
Commissioner Davis asked if he would like to use option #2 but remove the C-4 district,
was that an option. Mr. Andrew stated that was an option within option #2. Jason Gage,
City Manager, stated staff tried to presume the most common action options but the
commission could deviate from the Planning Commission's recommendation if there were
four (4) votes to move it forward.
17-0311 Moved by Commissioner Davis, seconded by Commissioner Hodges, to approve Ordinance No.
17-10904 requesting approval of a text amendment to add indoor shooting ranges to the list of
conditional uses allowed in the C-3 (Shopping Center) district, the C-5 (Service Commercial)
district, the C-6 (Heavy Commercial) district, the C-7 (Highway Commercial) district, the I-2 (Light
Industrial) district and the I-3 (Heavy Industrial) district on first reading.
Commissioner Blanchard provided his thoughts on removing the CA district from the list of
approved conditional uses.
Commissioner Blanchard asked when looking at a conditional use permit how much was the
underlying zoning looked at. Mr. Andrew stated the underlying zoning would be looked at
heavily to make the decision based on the anticipated character of the district.
Mr. Gage stated the conditional use list were uses that would otherwise not be allowed in the
district. He continued by stating there was flexibility but would not want to go higher than the
permitted use.
Mr. Andrew stated Mr. Berg was not able to attend the meeting tonight but stated Mr. Berg did not
have any objections to the amendment.
Commissioner Ryan provided his thoughts on the text amendment and removing the C-4 district.
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Commissioner Hodges asked if public comment could be heard at this time. Greg Bengtson, City
Attorney, stated it would be up to the chair if they wished to allow public comment.
Judy Larson, Salina, Kansas, provided her thoughts on the text amendment and the need for
requirements on bullet proof glass within the facility.
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Lanay Meier, 2242 Huntington Road, provided her thoughts on allowing indoor shooting ranges in
y the city limits. Mr. Gage stated generally speaking a use could not be excluded.
Shelly Bigham, 2216 Leland Way, stated indoor shooting ranges provided the ability for
individuals to gain proper training and education on the shooting of and storing of guns.
Mayor Crawford restated the motion to approve Ordinance No. 17-10904 requesting approval of a
text amendment to add indoor shooting ranges to the list of conditional uses allowed in the C-3
(Shopping Center) district, the C-5 (Service Commercial) district, the C-6 (Heavy Commercial)
district, the C-7 (Highway Commercial) district, the I-2 (Light Industrial) district and the I-3
(Heavy Industrial) district on first reading. Aye: (5). Nay: (0). Motion carried.
(8.2) Resolution No. 17-7492 authorizing the Mayor to execute a Water Connection
Agreement and Consent to Future Annexation with Pestinger Enterprises, LLC and
Michael and Shelly Bigham for water service at 1231 West North Street.
Dean Andrew, Director of Planning, explained the request, conformance with
Comprehensive Plan, previous City Commission action, terms of agreement and action
options.
Greg Bengtson, City Attorney, asked Mr. Andrew, with the approval of a zoning text
amendment making indoor shooting ranges a conditional use in industrial zoning districts
on first reading, and the potential annexation of this property, wondered if it would be
helpful for the commission to, in approving the agreement, make it clear that approval of
the agreement was not indicative of any form of predetermination of a conditional use
permit. Mr. Andrew stated neither the term indoor shooting range or the use of the
property appear anywhere within the agreement for water connection. Mr. Bengtson stated
he wanted everyone to understand there was a potential scenario for the conditional use
permit to not be approved if it was applied for. Mr. Andrew stated the focus of the water
connection agreement should be that the property was currently outside the city limits and
the property owner and future tenant had identified potential contamination issues that
preclude the use of well water that led the owner and future tenants to want to connect to
the City of Salina's water system to have potable water but staff and the commission would
want to avoid any inference that by allowing the connection to the city water, they were
approving a future use of the property.
Jason Gage, City Manager, explained the steps of the process fully for the clarity of the
applicant. He stated if the water connection agreement and consent to future annexation
was approved by the commission and the property owner and future tenant sign off on the
agreement, the property would be annexed into the city limits, then the conditional use
permit process would start. If the conditions imposed by the Planning Commission were i
not something the applicant could do, there could be a timing issue and could cause the
applicant to not be able to operate in the city limits. Mr. Andrew stated there would not be
a use since the conditional use permit would need to be approved in order for the building ,
permit to be issued.
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Mr. Gage asked where the submittal of a building permit was in the process. Mr. Andrew
stated it was his understanding the Bigham's were currently working with their architect to
finalize the plans.
Mr. Gage stated the commission would need to think about the timing of the annexation of
the property.
A conversation ensued between the Commission, Mr. Gage and Mr. Andrew regarding the
N project and the annexation of the property.
Commissioner Blanchard asked if the property had a zoning designation in Saline County.
8 Mr. Andrew stated it was zoned IH (Heavy Industrial) and indoor shooting ranges were a
permitted use in that district.
Commissioner Blanchard asked for the difference in City of Salina zoning standards and
county zoning standards. Mr. Andrew stated the differences were the city codes that relate
to the infrastructure, the property would have to connect to the city water service in order
to have a fully operational fire suppression system.
Commissioner Blanchard provided his thoughts on the annexation of the property.
Mr. Gage stated if the agreement was approved and the commission would ask staff to
bring the annexation request, it would coincide with the zoning text amendment and then
the conditional use process could begin.
Shelly Bigham, 2216 Leland Way, stated they were provided the agenda items last Friday,
and was shocked by the high dollar amount. She continued by stating they would like to
have additional time to consider additional options and come back to the City Commission
at a later date if needed.
Mr. Gage asked if it would work best to postpone the item. Ms. Bigham stated yes.
Commissioner Blanchard asked if there were additional options before the governing body
postponed the item. Michael Schrage, Deputy City Manager, stated there were two (2)
options for payment on the water connection. He continued by stating the front footage and
the square footage would be the question and it would be the city manager or the city
manager's designee to make the decision.
Commissioner Ryan asked what the difference was in the calculation of the two methods.
Mr. Schrage stated the $22,116.62 amount was based off of square footage and he was not
aware of the amount for the front footage option. He continued by stating the full project
cost was $251,972.29, staff backed out the City-at-large component and the amounts were
figured based on the acres of each tract.
Mr. Gage stated staff was trying to determine the most equitable amounts for the specific
area. He continued by stating that given that staff had not had time to discuss the item with
the Bigham's it may be best to postpone the item to allow staff to have that conversation.
Mr. Schrage stated for clarification, on a front footage basis, the fee would be about$17,000
versus the $22,116.62. He continued by stating that no one had been assessed a cost for a
tapping fee for the entire project, staff was currently setting the fee to be applied to each
property in the benefit district.
Commissioner Blanchard stated he would make a motion to postpone but asked Ms.
Bigham what date would work for her. Ms. Bigham stated November 13th was not a good
date for them but any other date would work.
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Commissioner Hodges asked if the conditional use process could keep going or would it be
depended on this agreement. Mr. Andrew stated it would depend on the property being
within the city limits and being within the city's jurisdiction.
Mr. Gage stated the item could be withdrawn and staff could work with the applicant on
the timing of the matter and return the item to the City Commission if needed in the future.
Ms. Bigham asked if they could let staff know if in the future if they would like to connect
H to City of Salina water. Mr. Gage stated yes, they could contact Dean Andrew who is the
lead contact on the project.
17-0332 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to withdraw Resolution
No. 17-7492 authorizing the Mayor to execute a Water Connection Agreement and Consent to
Future Annexation with Pestinger Enterprises, LLC and Michael and Shelly Bigham for water
service at 1231 West North Street. Aye: (5). Nay: (0). Motion carried.
(8.3) Application #Z17-9, (filed by the Salina Planning Commission), requesting approval
of an amendment of Section 42-332 and 42-333 of the C-6 (Heavy Commercial)
district regulations by removing mini-warehouses from the list of permitted uses in
Section 42-332 of the C-6 district regulations and adding mini-warehouses to the list
of conditional uses in Section 42-333 of the C-6 district regulations.
(8.3a) First reading Ordinance No. 17-10906.
Dean Andrew, Director of Planning, explained the request, Planning Commission
recommendation,current locations of mini-warehouses in Salina and action options.
Jason Gage,City Manager, asked if as part of the additional action option, a certain distance
from an impact street would be acceptable instead of simply not being allowed on an
impact street. Mr. Andrew stated it could be acceptable to be a certain distance from an
impact street instead of simply not allowing them on an impact street.
Commissioner Hodges asked if there were overlay zoning for gateways. Mr. Andrew stated
yes, there were currently two (2) overlay zones for gateways at North Ohio Street and
South Ninth Street.
Commissioner Blanchard asked if West Crawford was identified as an entry corridor. Mr.
Andrew presented a map showing the gateways of town. A conversation ensued between
the Commission, Mr. Andrew and Mr. Gage, regarding gateway areas and overlay districts.
Commissioner Blanchard provided his thoughts on the matter and what he wishes to be
included in the motion.
Mr. Gage stated included in the motion at the last meeting was to develop an overlay
district for West Crawford.
A conversation ensued between the Commission and Mr. Andrew regarding the action
options and locations of mini-warehouses in the community.
Joshua Joseph, Dallas, Texas, provided his thoughts on the agenda item, the effect on the
plans for the property he owned on West Crawford and stated if this agenda item was
voted and approved, the next agenda item would be dead which pertains to his property
on West Crawford.
Commissioner Davis asked if the original plan for a mini-warehouse on the property was
the strip center included in those plans. Mr. Joseph stated his manager and contractor had
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presented the plans to staff and he had presented the plans for the strip center at the
Planning Commission meeting.
Michael Schrage, Deputy City Manager, stated the development review team meeting
happened after the application submittal requesting the down zoning of the property. He
continued by stating at the meeting the owner presented the plans for the strip center, prior
w to that, staff was only aware of the concept of the project.
N A conversation ensued between Commissioner Blanchard and Mr. Schrage regarding the
concept of the project and the development review team meeting.
g Commissioner Blanchard asked for Mr. Joseph to explain why he decided on building a
mini-warehouse at that location. Mr. Joseph stated there were several new hotels in town
that would fill up before his would so he thought he would change the property into a
mini-warehouse.
Commissioner Davis provided his thoughts on the request and now knowing there would
be a commercial strip center in front of the current building.
A conversation ensued between the Commission, Mr. Joseph, Mr. Gage and Mr. Schrage
regarding the potential use of the property and zoning of the property.
Mayor Crawford asked Mr. Joseph if he owned any other property in Salina. Mr. Joseph
stated he did own two (2) hotels in town but had recently sold them.
A conversation continued to ensue between the Commission, Mr. Schrage and Mr. Joseph
regarding the downzoning of the property and conditional uses.
Mr. Gage asked Mr. Joseph when he purchased the property. Mr. Joseph stated he
purchased the property in 2009. Mr. Gage asked what Mr. Joseph's thoughts were for the
property when he purchased it in 2009. Mr. Joseph stated he purchased the property for a
good deal and since the purchase more hotels had been built in the area.
Mr. Joseph provided additional information on the past use of the property.
Mr. Gage asked if Mr. Joseph had the property appraised as a vacant lot. Mr. Joseph stated
no but with his experience he can tell what a property was worth.
Mr. Gage stated this was a property that had not been taken care of for a number of years.
He continued by stating the Governing Body would need to make a decision on the type of
uses they wanted in this district.
Commissioner Hodges asked if the Governing Body would concur with the Planning
Commission, would Mr. Joseph still be able to do his mini-storage and commercial strip
center and would there be more control over the look of the property. Mr. Gage stated yes
but there would need to be a consistency within the district so another application would
need to be used.
Commissioner Blanchard provided his thoughts on the proposed use of the property and
the look of the area.
Mr. Gage stated the proposed project would still be allowed if the text amendment was
approved.
Mr. Andrew stated the text amendment was a general application pertaining to mini-
warehouses in the C-6 zoning district and initially did not have any bearing on the specific
property on West Crawford.
Page 1 l
Mr. Joseph provided his thoughts on the text amendment and the effect it would have on
his proposed project.
Commissioner Blanchard provided his thoughts on the text amendment and the proposed
zoning change on the West Crawford property.
17-03,13 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to pass Ordinance No. 17-
w
10906 requesting approval of an amendment of Section 42-332 and 42-333 of the C-6 (Heavy
y Commercial) district regulations by removing mini-warehouses from the list of permitted uses in
Section 42-332 of the C-6 district regulations and adding mini-warehouses to the list of conditional
uses in Section 42-333 of the C-6 district regulations on first reading. Aye: (5). Nay: (0). Motion
carried
(8.4) Application #Z17-8, (filed by the Salina City Commission), requesting a change in
zoning district classification from C-6 (Heavy Commercial) to C-5 (Service
Commercial) on property legally described as Lots 1-4, Block 1 of the CICS Addition
to the City of Salina, Saline County, Kansas and addressed as 1616 and 1640 West
Crawford Street.
(8.4a) First reading Ordinance No. 17-10905.
Dean Andrew, Director of Planning, explained the request, zoning ordinance requirements,
conformance with Comprehensive Plan, Planning Commission recommendation, and
action options.
Commissioner Davis asked if an automotive service business like a Jiffy Lube could be
located in the C-6 zoning district. Mr. Andrew stated yes.
Commissioner Davis asked if mini-warehouses could be located in the C-5 zoning district.
Mr. Andrew stated yes, a mini-warehouse could be located in the C-5 zoning district as a
conditional use.
Commissioner Blanchard provided his thoughts on what he would like to see in an overlay
district.
Lauren Driscoll, Director of Community and Development Services, asked Commissioner
Blanchard what he had envisioned for an overlay district and was it similar to North Ohio
Street or South Ninth Street. Commissioner Blanchard stated he was looking for more of
the aesthetics of an overlay district.
Jason Gage asked for a five (5) minute break to allow Access TV to change out the DVD.
The City Commission recessed at 8:05 p.m. and reconvened at 8:10 p.m.
Commissioner Blanchard continued to provide information regarding what he envisions in
an overlay district.
Commissioner Davis provided his thoughts on the project and the need for it to conform
with the overlay district.
A conversation ensued between the City Commission regarding the look of the overlay
district and conformance with the other overlay districts currently in place.
Mr. Gage stated based on the timing of the overlay district, do you wish for the overlay
district to be taken into consideration so this properties project was included in the overlay
district.
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Commissioner Ryan stated he felt the project for this property should be allowed to run
through the conditional use application.
Commissioner Blanchard provided his thoughts on the creation of an overlay district and
stated he did not think this area was the biggest opportunity.
Greg Bengtson,City Attorney, stated he did not want the Governing Body to think they did
not have full discretion on the decisions regarding the agenda item.
Mr. Andrew stated if the Governing Body determined that the property would not be held
until the overlay district was created, the ordinance would be brought back to the City
5 Commission on second reading next week.
A conversation continued to ensue between the Commission and Mr. Gage regarding the
creation of an overlay district and the best location to start with first.
Joshua Joseph, Dallas, Texas, provided additional information about his history and stated
he did not like to be asked questions pertaining to his past history. He continued by stating
he was willing to donate the property to the city and no longer wished to develop his
property in Salina, Kansas.
Mr. Gage stated the questions he asked of Mr. Joseph regarding his history in ownership in
Salina and the maintenance of the property were general questions that were asked of
applicants to help the Governing Body decide on the matter.
17-0314 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to pass Ordinance No.
17-10905 requesting a change in zoning district classification from C-6 (Heavy Commercial) to C-5
(Service Commercial) on property legally described as Lots 1-4, Block 1 of the CKS Addition to the
City of Salina, Saline County, Kansas and addressed as 1616 and 1640 West Crawford Street on
first reading. Aye: (5). Nay: (0). Motion carried
OTHER BUSINESS
(9.1) Request for executive session (legal/personnel).
17-0315 Moved by Commissioner Davis, seconded by Commissioner Ryan, to discuss contract matters with
legal counsel pursuant to the attorney-client privileged communications with legal counsel
exception, K.S.A. 45-7319(b)(2), for 30 minutes. The open meeting will resume in this room at 9:00
p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 8:30 p.m. and reconvened at 9:00
p.m. No action was taken.
17-0316 Moved by Commissioner Davis, seconded by Commissioner Ryan, to extend the current executive
session for an additional 30 minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 9:00 p.m. and reconvened at 9:30
p.m. No action was taken.
17-0317 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to discuss Kansas Open
Records Act application with legal counsel pursuant to the attorney-client privileged
communications with legal counsel exception, K.S.A. 45-7319(b)(2), for 15 minutes. The open
meeting will resume in this room at 9:45 p.m. Aye: (5). Nay: (0). Motion carried.
Page 13
The City Commission recessed into executive session at 9:30 p.m. and reconvened at 9:45
p.m. No action was taken.
17-0318 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to extend the current
- executive session for an additional 60 minutes. Aye: (5). Nay: (0). Motion carried.
z
c.
w The City Commission recessed into executive session at 9:45 p.m. and reconvened at 10:45
y p.m. No action was taken.
,32
17-039 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to extend the current
executive session for an additional 15 minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 10:45 p.m. and reconvened at 11:00
p.m. No action was taken.
17-0320 Moved by Commissioner Davis, seconded by Commissioner Ryan, to discuss an employee's
performance and status pursuant to the non-elected personnel matter exception, K.S.A. 75-
4319(b)(1) for 10 minutes. The open meeting will resume in this room at 11:10 p.m. Aye: (5). Nay:
(0). Motion carried.
The City Commission recessed into executive session at 11:00 p.m. and reconvened at 11:10
p.m. No action was taken.
ADJOURNMENT
I17-0321 Moved by Commissioner Davis,seconded by Commissioner Blanchard, that the regular meeting of
the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
adjourned at 11:30 p.m.
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Shandi Wicks, CMC, City Clerk
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