05-07-2018 Minutes CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
May 7, 2018
4:00 p.m.
The City Commission convened at 2:00 p.m. for the Lower Smoky Hill Water Supply Access
District 2nd Quarter Meeting, at 3:00 p.m. for Special Assessment Follow-Up Discussion and at 3:45
Bp.m. for Citizens Forum.
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 Karl F. Ryan (presiding), Commissioners Trent
Davis,Joe Hay,Jr., Melissa Rose Hodges, and Mike Hoppock.
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 week of May 6-12, 2018 as "National Travel and Tourism Week" in the city of
Salina. Lyle Parks, Convention & Tourism Committee Chair, read the proclamation.
Sylvia Rice, Director of Visit Salina, provided information on events associated with
the proclamation.
(3.2) The day of May 15, 2018 as "Peace Officers' Memorial Day" and the week of May
13-19, 2018 as "Police Week" in the city of Salina. Chief Brad Nelson read the
proclamation and announced associated events.
(3.3) The week of May 14-20, 2018 as "National Salvation Army Week" in the city of
Salina. Captain Lynn Lopez, Corps Officer for The Salvation Army, read the
proclamation and announced associated events.
CITIZENS FORUM
Joan Ratzlaff,Salina, representing the Salina Area Workers Coalition, provided information
and read the proclamation signed by Governor Jeff Colyer of the State of Kansas on
National Public Servant's Week.
Karen Shade, Salina, encouraged the City Commission to recognize their staff for National
Public Servants Week. She also provided information on the need to educate citizens with
extended vehicles that park on Santa Fe during the construction and mentioned the need
for additional law enforcement at the construction area due to citizens making improper
turns. She continued by stating the need for citizens to visit the area during the
construction and not detour them from coming to the area.
Mayor Ryan asked if there was a restriction on the length of vehicles parked on Santa Fe.
Jason Gage, City Manager, stated he was not aware there was a restriction on the length of
vehicles parked on the street and stated there could be additional law enforcement in the
area but it could detour citizens from visiting the area.
A conversation ensued between the Commission and Mr. Gage regarding the length of
vehicles parked on Santa Fe during construction.
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Commissioner Hodges asked if HDR Engineering provided educational assistance with
getting the word out to citizens and asked if staff could help get the information out to
them on the situation. Mr. Gage stated staff would look at the options and work with HDR
Engineering for a solution.
Judy Larson, Salina, provided her thoughts on the flow of traffic in town specifically at
Prescott and Ohio.
Jon Blanchard, 1117 State Street, provided his thoughts on the City Commission vote on the
a Salina Police Department Training Center, information he received from Representative J.R.
Claeys and encouraged the commissioners that voted for the center to reconsider their
votes.
Mayor Ryan asked if a commissioner would like to take the opportunity to reconsider the
matter would the appropriate place on the agenda be under Other Business. Jason Gage,
City Manager, stated yes.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of April 23, 2018.
(6.2) Approve Resolution No. 18-7553 appointing members to the Library Board.
(6.3) Authorize the Mayor to accept the offered public utility easement dedication from
FIB, LLC relating to the downtown Alley Entertainment Center project.
(6.4) Authorize the Mayor to accept the offered sanitary sewer easement dedication from
Lighthouse Properties III, Inc. relating to the downtown hotel project.
18-0149 Moved by Commissioner Davis, seconded by Commissioner Hodges, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Second reading Ordinance No. 18-10933 amending Chapter 35, Article XII, Sections
35-261, 35-262, 35-264, 35-266, 35-268 and 35-270 to clarify the rights and
responsibilities under Sidewalk Café License Agreements approved in the
downtown area.
Mayor Ryan noted that Ordinance No. 18-10933 was passed on first reading on April 23, 2018 and
since that time no comments have been received.
18-0150 Moved by Commissioner Hodges, seconded by Commissioner Davis, to adopt Ordinance No. 18-
18-10933 amending Chapter 35, Article XII, Sections 35-261, 35-262, 35-264, 35-266, 35-268 and 35-
270 to clarify the rights and responsibilities under Sidewalk Café License Agreements approved in
the downtown area on second reading. A roll call vote was taken. Aye: (5) Davis, Hay, Hodges,
Hoppock, Ryan. Nay: (0). Motion carried.
(7.2) Downtown Hotel.
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(7.2a) Second reading Ordinance No. 17-10912 ordering the vacation of a portion of
a north-south alley located on the block bordered by East Mulberry Street on
the south, South Santa Fe Avenue on the west, East Walnut Street on the
north and South Fifth Street on the east.
(7.2b) Resolution No. 18-7554 pursuant to Salina Code Section 42-63(a) authorizing
the issuance of a permit for construction of footing and foundation for the
downtown hotel project,subject to conditions.
Mayor Ryan noted it was a second reading and asked if any comment had been received or if
there was any public comment.
Judy Larson, Salina, asked for information on the number of rooms and amenities for the
hotel. Dean Andrew, Director of Planning, stated it would be a 5 story hotel with 113 rooms
with a building attached containing a restaurant and retail space. He also stated there would
be satellite parking on the east side of Fifth Street.
Mr. Andrew explained the modifications between first and second reading and the footing
and foundation permit issuance.
Don Boos, 500 Graves Blvd, stated the applicant was excited the project was moving forward
and provided information on the construction of the hotel.
18-0151 Moved by Commissioner Hay, seconded by Commissioner Davis, to adopt Ordinance No. 17-
10912 ordering the vacation of a portion of a north-south alley located on the block bordered by
East Mulberry Street on the south, South Santa Fe Avenue on the west, East Walnut Street on the
north and South Fifth Street on the east on second reading. A roll call vote was taken. Aye: (5)
Davis, Hay, Hodges, Hoppock, Ryan. Nay: (0). Motion carried.
18-0152 Moved by Commissioner Hay, seconded by Commissioner Davis, to adopt Resolution No. 18-7554
pursuant to Salina Code Section 42-63(a) authorizing the issuance of a permit for construction of
footing and foundation for the downtown hotel project, subject to conditions. Aye: (5). Nay: (0).
Motion carried.
(7.3) Second reading Ordinance No. 18-10927 vacating a portion of a 115 feet wide utility
easement on Lot One (1), Block Twelve (12) of the Schilling Subdivision No. 5.
Mayor Ryan noted that Ordinance No. 18-10927 was passed on first reading on February 26, 2018
and since that time no comments have been received.
Commissioner Hodges noted that the three pre-conditions had been met by the petitioner as noted
in the staff report provided by staff.
18-0153 Moved by Commissioner Hodges, seconded by Commissioner Hay, to adopt Ordinance No. 18-
10927 vacating a portion of a 115 feet wide utility easement on Lot One (1), Block Twelve (12) of
the Schilling Subdivision No. 5 on second reading. A roll call vote was taken. Aye: (5) Davis, Hay,
Hodges, Hoppock, Ryan. Nay: (0). Motion carried.
(7.4) Award Contract for the Downtown Sanitary Sewer Relocations, Project No. 63162.
Martha Tasker, Director of Utilities, explained the project, bids received, fiscal impact and
action options.
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a 18-0154 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to award contract for the
Downtown Sanitary Sewer Relocations, Project No. 63162 to Stevens Contractors, Inc. of Salina,
Kansas, in the amount of $243,595 (Authorized Amount with 10% Construction Contingency,
$267,955) . Aye: (4). Nay: (1) Hodges. Motion carried.
DEVELOPMENT BUSINESS
(8.1) First reading Ordinance No. 18-10934 approving an amendment of the Future Land
Use Map of the Salina, Kansas Comprehensive Plan to change the future land use
designation of the southwest corner of North Ohio Street and Johnstown Avenue
from future Urban Residential to future Commercial.
Dean Andrew, Director of Planning, explained the request, Planning Commission
recommendation and action options.
Commissioner Hodges asked if there was any consideration to change the property to
Neighborhood Center instead of Commercial. Mr. Andrew stated there was conversation
on that option but the consultants that developed the Comprehensive Plan thought that
with an apartment building mixed in the neighborhood it would be best to be a commercial
zoned area. He noted that Indiana to Iowa on Iron was a Neighborhood Center.
Commissioner Hodges asked if a Neighborhood Center category designation would help
make sure the gateway to downtown and complete street standards were upheld. Mr.
Andrew stated it would,but continued to explain the Neighborhood Center option.
Commissioner Hodges asked what the differences were between C-3 zoning and C-5
zoning. Mr. Andrew stated the C-5 zoning allowed for outdoor displays and storage and C-
3 zoning was for retail inside a building only.
Commissioner Hodges asked if the plan would fit in the C-3 zoning. Mr. Andrew stated the
plan submitted would fit within C-3 zoning parameters.
Commissioner Hodges asked when the land use map would be changed and if the
property owners had signed off on the land use change. Mr. Andrew stated the property
owners received a letter in the mail and a few attended the Planning Commission meeting
but did not speak. He continued to state the first step would be to review the land use then
the zoning of the property.
Brian Richardson, 361 S. Holmes Road, thanked the Commission for looking at the item
and was available to address any questions. Commissioner Hodges thanked Mr.
Richardson for his work on the apartment buildings and working to redevelop the property
on the corner of Iron and Ohio.
Jon Blanchard, 1117 State Street, thought it would be helpful for everyone involved to fill in
the blank space between the land use and the zoning of a property and provided his
thoughts on the project.
Commissioner Hodges asked if any overlay districts were established on any of the
gateways in the community. Lauren Driscoll, Director of Community & Development
Services, stated there were a couple overlay districts in gateway areas. She continued to
state staff had been working to bring an agenda item to the Commission later this year on
the zoning and Comprehensive Plan Future Land Use and overlay zones.
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1I. 18-0155 Moved by Commissioner Hodges, seconded by Commissioner Hay, to pass Ordinance No. 18-
10934 approving an amendment of the Future Land Use Map of the Salina, Kansas Comprehensive
Plan to change the future land use designation of the southwest corner of North Ohio Street and
Johnstown Avenue from future Urban Residential to future Commercial on first reading. Aye: (5).
Nay: (0). Motion carried.
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(8.2) First reading Ordinance No. 18-10935 (Application No. Z18-5 filed by Walter
Scheidt and Santa Fe Properties, LLC), requesting a change in zoning district
• classification from R-1 (Single-Family Residential) to C-5 (Service Commercial) on
property addressed as 115, 119 and 123 North Ohio Street.
Dean Andrew, Director of Planning, explained the request, Planning Commission
recommendation and action options.
Commissioner Davis asked if the type of businesses at the other corners of Iron & Ohio
could have been zoned C-3. Mr. Andrew stated the Taco Bell location could have been a C-
3 zoned property, the Dauer Truck Sales location could not be zoned C-3 and stated the
Casey's convenience store would be allowed in the C-3 zoning but the freestanding car
wash would not be allowed.
Commissioner Davis provided his thoughts on the request.
Commissioner Hodges asked if the property was rezoned C-5 and the project did not move
forward could something else be built on the lot without approval of a site plan. Mr.
Andrew stated that was correct.
A conversation ensued between the Commission and Mr. Andrew regarding the
differences in commercial zoning and planned commercial districts.
Commissioner Hay asked if the old gas station location would be part of the development
and asked if the gas tanks had been removed. Mr. Andrew stated the lot would be a portion
on the development and stated the gas tanks had been removed.
Commissioner Davis asked if a storage building could be built in C-5 zoning. Mr. Andrew
stated yes.
Commissioner Hoppock asked how the conversation went with the Planning Commission
on the Planned Commercial zoning versus the Commercial zoning. Mr. Andrew stated
there was a discussion on the Planned Commercial zoning but he was not sure if the
commissioners reviewed the site plan submitted by the applicant.
Commissioner Hoppock asked for the steps needed to go with a PC-5 zoning today. Mr.
Andrew stated it would require 4 votes in favor of the PC-5 zoning and select action option
2 of the staff report which would require the applicant to amend their application and
submit a site development plan for concurrent review as part of the rezoning request and
submit a deferred site development plan application for review and approval prior to
issuance of a building permit.
Commissioner Hoppock asked if the PC-5 would have to go through the Planning
Commission. Mr. Andrew stated that it would not have to go to the Planning Commission
if there were 4 affirmative votes.
Jason Gage, City Manager, stated the Comprehensive Plan did not currently show the
intersection of Iron & Ohio as a gateway so the Commission would need to keep that in
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mind when making a motion.
Commissioner Hodges asked what Mr. Richardson's reaction was to the PC-5 zoning. Brian
Richardson, 361 N. Holmes Road, stated it would be more time and more money. Mr.
Richardson asked if the corner lot would remain C-5. Mr. Andrew stated it would remain
C-5 since the property was not part of the application.
Commissioner Hoppock asked if Mr. Richardson would look at moving forward with
TT, Phase I of the project if the Johnstown property was not purchased. Mr. Richardson stated
yes.
Commissioner Davis asked if Phase I would split the concept drawing. Mr. Richardson
stated it was currently designed to be built in phases.
Commissioner Hoppock asked if there were potential businesses for this location. Mr.
Richardson stated he had a few potential businesses for the location but stated leases had
not been signed yet.
Ms. Driscoll stated there were other zoning options available. Commissioner Davis asked if
that was an option to the applicant. Mr. Richardson provided information on the zoning
options available.
A conversation ensued between the Commission and Mr. Richardson on the zoning options
available.
Michael Schrage, Deputy City Manager, asked if it would be helpful for staff to layout the
timing on the zoning options. Commissioner Hodges stated it would be helpful for her.
Mr. Andrew provided information on the zoning options, the steps and action
requirements for each.
Commissioner Hoppock provided his thoughts on the request.
Commissioner Hodges provided her thoughts on the request.
Commissioner Davis provided his thoughts on the request and zoning options.
Judy Larson, Salina, provided her thoughts on the request and wanted to make sure the
alley to the north was not ignored.
Commissioner Hoppock asked if the east-west alley west of Ohio Street was vacated. Mr.
Andrew stated there was a partial alley that starts at Kansas Avenue but does not go all the
way through to Ohio Street.
18-0156 Moved by Commissioner Davis, seconded by Commissioner Hodges, to modify Ordinance No. 18-
10935 (Application No. Z18-5 filed by Walter Scheidt and Santa Fe Properties, LLC), to approve a
zoning change to Planned C-5 instead of C-5 and to require that the applicant submit a site
development plan for the property for review and approval prior to issuance of a building permit
on property addressed as 115, 119 and 123 North Ohio Street on first reading. Aye: (2). Nay: (3)
Hay, Hoppock, Ryan. Motion failed.
18-0157 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to pass Ordinance No. 18-
10935 (Application No. Z18-5 filed by Walter Scheidt and Santa Fe Properties, LLC), requesting a
change in zoning district classification from R-1 (Single-Family Residential) to C-5 (Service
Commercial) on property addressed as 115, 119 and 123 North Ohio Street on first reading. Aye:
(3). Nay: (2) Davis, Hodges. Motion carried.
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The City Commission recessed for a short break at 6:15 p.m. and reconvened at 6:21 p.m.
(8.3) First reading Ordinance No. 18-10936 establishing a moratorium on electronic
changeable copy advertising signs/digital billboards within the city limits.
(8.3a) Declare a public interest exists for second reading on the same day.
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(8.3b) Second reading Ordinance No. 18-10936.
Jason Gage, City Manager, briefly explained the request and email received from Mr.
Daniel Friesen of IdeaTek. Dean Andrew, Director of Planning, explained the sign
79,
regulations, impacts of electronic billboards, the temporary moratorium and staff
recommendation.
Mayor Ryan asked if the Kansas Highway Beautification Advertising Control Act could go
lower than them. Mr. Andrew stated the community could be more restrictive than the
Kansas Highway Beautification Advertising Control Act. He continued to state that the
Kansas Department of Transportation will not approve a billboard that has not been
approved by the local government.
Mr. Gage explained the regulations on moratoriums.
Mayor Ryan provided his thoughts on the moratorium and asked if the applicant could
withdraw the applications and work towards a resolution.
Greg Bengtson, City Attorney, provided information on moratoriums, stated the
moratorium did not relate to IdeaTek's specific request and provided information on
requesting the applicant to withdraw the applications. He continued to provide
information regarding the requests of IdeaTek and stated there had not been a valid
application submitted.
Glenn Hills, IdeaTek Media, provided his thoughts on the moratorium and stated they had
signed leases for the locations in question. He continued to state IdeaTek wanted to work
with staff in a positive way on the matter.
Commissioner Hodges provided her thoughts on the moratorium and asked what would
be reasonable for staff for the amount of time needed. Lauren Driscoll, Director of
Community & Development Services, stated staff felt 120 days was plenty of time but staff
felt it could be done sooner than that.
Commissioner Hodges asked if a motion was made for 120 days and the staff work was
complete, would they have to wait 120 days to bring the item back. Mr. Bengtson stated if
the item was completed prior to 120 days the item could be acted on early.
Mr. Gage stated staff would need to research the item to complete the ordinance. He
continued to state the item would need to go before the Planning Commission and the City
Commission for action since the item would be a text amendment.
Mr. Andrew stated there were only 3 parties that could initiate a text amendment; the
Planning Commission, the City Commission or an applicant.
18-0158 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to pass Ordinance No. 18-
10936 establishing a moratorium on electronic changeable copy advertising signs/digital
billboards within the city limits on first reading. Aye: (5). Nay: (0). Motion carried.
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18-0159 Moved by Commissioner Davis, seconded by Commissioner Hodges, to declare a public interest
111 exists for second reading approval of Ordinance No. 18-10936 on the same day as the first reading.
Aye: (5). Nay: (0). Motion carried.
18-01 i0 Moved by Commissioner Davis, seconded by Commissioner Hay, to adopt Ordinance No. 18-
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10936 establishing a moratorium on electronic changeable copy advertising signs/digital
billboards within the city limits on second reading. A roll call vote was taken. Aye: (5) Davis,
aHay,Hodges, Hoppock, Ryan. Nay: (0). Motion carried.
s Mr. Gage thanked the applicant for their interest in the matter and staff will work with the
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8 applicant on the matter and any other stakeholders with an interest in the matter.
OTHER BUSINESS
Commissioner Hodges stated with the information received from Representative J.R.
Claeys would her fellow commissioners be interested in revisiting the Salina Police
Department Training Center.
Jon Blanchard, 1117 State Street, provided information on the Kansas Highway Patrol
simulator budget request for 2018 to be signed by the Governor soon and the ability for the
Salina Police Department to utilize the Kansas Highway Patrol training center in the
meantime.
Mayor Ryan asked for guidance on a motion to reconsider the item. Greg Bengtson, City
Attorney, read the rule for reconsideration of a motion.
Commissioner Hoppock asked if an agreement was made with the Kansas Highway Patrol
to utilize their simulator within the next 60 days what could happen. Mr. Gage stated the
simulator would just not be included in the building. Commissioner Davis stated staff was
looking to purchase the simulator utilizing private donations and grants.
A conversation ensued between the Commission and Mr. Gage regarding the facility and
what sharing with the Kansas Highway Patrol would look like.
(9.1) Request for executive session (legal).
I move the city commission recess into executive session for _ minutes to discuss the
following two subjects: (1) Negotiations relating to the terms of potential acquisition of the
site for the South Water Treatment Plant and related appropriated water rights as an
alternative to the pending eminent domain proceedings; (2) Negotiations relating to the
terms of potential future long-term leasing by the City to the County of the area within
Kenwood Park commonly known as the "Expo Center" with legal counsel based upon the
need for consultation with an attorney for the public body which would be deemed
privileged in the attorney-client relationship pursuant to K.S.A. 45-7319(b)(2). The open
meeting will resume in this room at p.m.
Greg Bengtson, City Attorney, stated there were two (2) matters under the same justification
and when staff mentioned an hour that was to cover both matters.
I18-0161 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to recess into executive
session for 60 minutes to discuss the following two subjects: (1) Negotiations relating to the terms
of potential acquisition of the site for the South Water Treatment Plant and related appropriated
water rights as an alternative to the pending eminent domain proceedings; (2) Negotiations
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relating to the terms of potential future long-term leasing by the City to the County of the area
within Kenwood Park commonly known as the "Expo Center" with legal counsel based upon the
need for consultation with an attorney for the public body which would be deemed privileged in
the attorney-client relationship pursuant to K.S.A. 45-7319(b)(2). The open meeting will resume in
this room at 8:16 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 7:16 p.m. and reconvened at 8:16
p.m. No action was taken.
18-0162 Moved by Commissioner Davis, seconded by Commissioner Hay, to extend the current executive
° session for an additional 20 minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 8:16 p.m. and reconvened at 8:36
p.m. No action was taken.
ADJOURNMENT
18-0163 Moved by Commissioner Davis, seconded by Commissioner Hay, that the regular meeting of the
Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
adjourned at 8:36 p.m.
[SEAL] Karl F. Ryan, Mayor
ATTEST:
Cry
Oder
Shandi Wicks, CMC, City Clerk
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