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06-04-2018 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS June 4, 2018 4:00 p.m. The City Commission convened at 2:00 p.m. for the Lower Smoky Hill Water Supply Access District 3rd Quarter & Annual Board Meeting, at 2:30 p.m. for Prior Year Financial Update/2019 Budget Goals and at 3:45 p.m. for Citizens Forum. The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, 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 month of June, 2018 as "Elder Abuse Awareness Month" in the city of Salina. Abby Hunter, Domestic Violence Victim Advocate with DVACK, read the proclamation and announced associated events. (3.2) The month of June, 2018 as ""LGBT Pride Month" in the city of Salina. Clinton Walker, North Central Chapter of Equality Kansas Chair, read the proclamation and announced associated events. CITIZENS FORUM Abner Pemey, 101 Overhill Road, asked for the intersection at Fifth and Ash to be changed to a four-way stop due to increased traffic accidents in the area since the construction of the fieldhouse. Valerie Linenburger, True Betty Boutique, provided information on the need for additional parking in downtown Salina. She also provided her thoughts on a future busker festival in downtown Salina and a current code that would not allow that type of activity. Jason Gage, City Manager, provided information on the parking in the downtown area and the potential future parking options. Commissioner Hodges asked if it was contemplated putting in a parking garage. Mr. Gage stated there was consideration of a parking garage but due to the cost of constructing one it was no longer considered an option. Commissioner Hay asked if there was an ordinance on panhandling. Mr. Gage stated if panhandling was done correctly it would be legal but could be considered illegal if not done correctly. He continued to provide information regarding the new law on panhandling in Wichita. Russ Lamer, 12501 Timberline Drive, Garfield, Arkansas, provided information on the insurance administrative fee charged to retired employees to have city health insurance and provided his thoughts on the fee and asked that the City Commission review the policy. Norman Mannel, Salina, asked where the cleanup on the old air base was and provided information on the need to work on the cleanup to get people to relocate here. Jason Gage, Page 1 City Manager, stated the process was moving forward but would need to go before the court system before the actual cleanup could occur. Michael Schrage, Deputy City Manager, stated the area was being monitored and was not affecting the public water supply. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on the adoption of the 2018-2023 Neighborhood Revitalization Plan. N (S.la) Resolution No. 18-7559 adopting the Neighborhood Revitalization Plan. Mayor Ryan opened the public hearing. Michael Schrage, Deputy City Manager, explained the program background, proposed changes, modification to the map, revised plan and the requested action. Mayor Ryan asked if the taxing entities had questions regarding the revised plan. Mr. Schrage stated the school board had questions regarding the financial impact with the new plan and staff was able to provide that information to them. He continued to provide information on properties that had been in the plan and potential properties that could participate in the program. Commissioner Hodges thanked staff for providing the redline version of the plan and stated she noticed the Dunbar School was not on the list. Dean Andrew, Director of Planning, stated the Dunbar School was not a school at the time when the plan was developed. Commissioner Hodges stated she would like to see Dunbar School added to the list. Mr. Schrage stated the commission could not add the property to the list without the request going before all of the other taxing entities again. Mr. Andrew stated the Dunbar School site was in the original plan boundaries but was not called out as a building that would qualify for a commercial redevelopment. Jon Blanchard, 1117 State Street, provided his thoughts on the revised plan and the Penn Campus property not qualifying for the plan. He continued to provide his thoughts on the new Foley Equipment development. Mr. Schrage stated when the criteria was put together everyone assumed the Penn Campus building would qualify for the plan. Commissioner Hoppock asked if the plan could be tweaked if a request was submitted in the future. Mr. Schrage stated yes but the request would have to go before all taxing entities. Jason Gage, City Manager, stated the commission would have to decide where to draw the line on requests and changes to the plan. Commissioner Hodges asked what the steps would be if Penn Campus would request a plan. Mr. Schrage stated once the request was received, a draft amendment would need to be created and the City Commission would need to authorize staff to take the amendment before the other taxing entities, then the amendment would go before the City Commission for approval. Matt Gillam, Overland Property Group, stated he was available to answer questions if necessary. There being no further comments the public hearing was closed. Page 2 i18-0180 Moved by Commissioner Davis, seconded by Commissioner Hodges, to adopt Resolution No. 18- 7559 adopting the Neighborhood Revitalization Plan. Commissioner Hodges asked if a request was submitted for the Penn Campus property for an amendment to the plan, she would ask that the Dunbar School be added to the list at the same ii time. w N Mayor Ryan called the question. Aye: (5). Nay: (0). Motion carried. 79, CONSENT AGENDA U (6.1) Approve the minutes of May 21, 2018. (6.2) Approve Resolution No. 18-7561 authorizing the Mayor to sign an agreement with Union Pacific Railroad (UPRR) to perform at-grade public road crossing improvements on Ellsworth Avenue, Project No. 80020, and authorize $45,000 of sub-CIP funds for the project. Mayor Ryan requested that Item 6.2 be removed from the consent agenda. 18-0181 Moved by Commissioner Davis, seconded by Commissioner Hay, to approve the consent agenda less item 6.2. Aye: (5). Nay: (0). Motion carried. (6.2) Approve Resolution No. 18-7561 authorizing the Mayor to sign an agreement with Union Pacific Railroad (UPRR) to perform at-grade public road crossing 1 improvements on Ellsworth Avenue, Project No. 80020, and authorize S45,000 of sub-CIP funds for the project Dan Stack, City Engineer, stated the agreement was just received from the Union Pacific Railroad and legal counsel was currently reviewing it. He continued to provide information on the project. Greg Bengtson, City Attorney, stated the project total was listed on the agreement and asked if the project split was listed. Mr. Stack stated the project split was part of the agreement under exhibit c. Mr. Bengtson stated the agreement was in place to move forward with the agenda item. 18-0182 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Resolution No. 18- 7561 authorizing the Mayor to sign an agreement with Union Pacific Railroad (UPRR) to perform at-grade public road crossing improvements on Ellsworth Avenue, Project No. 80020, and authorize 545,000 of sub-CIP funds for the project. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 18-10937 amending Section 5-123 and repealing Section 5-26 pertaining to permissible activities and hours of operations of clubs and drinking establishments. Mayor Ryan noted that Ordinance No. 18-10937 was passed on first reading on May 21, 2018 and since that time no comments have been received. 18-0183 Moved by Commissioner Hodges, seconded by Commissioner Hay, to adopt Ordinance No. 18- 10937 amending Section 5-123 and repealing Section 5-26 pertaining to permissible activities and Page 3 hours of operations of clubs and drinking establishments on second reading. A roll call vote was taken. Aye: (5) Davis, Hay, Hodges, Hoppock, Ryan. Nay: (0). Motion carried. (7.2) Resolution No. 18-7560 setting the date for public hearings to consider whether certain structures shall be condemned and ordered demolished or repaired. n. Sean Pilcher, Building Official, explained the dangerous structures procedure and the locations of each of the structures. B Commissioner Davis asked if the properties were identified by complaints of neighbors or 5 inspections by staff. Mr. Pilcher stated some of the properties were placed on the list by staff but some were submitted by the public. Michael Schrage, Deputy City Manager, stated each property would be inspected by staff using a checklist to determine if the property needed to be added to the dangerous structure list. Mr. Pilcher stated each property was inspected according to the checklist. 18-0184 Moved by Commissioner Hay, seconded by Commissioner Davis, to adopt Resolution No. 18-7560 setting July 16, 2018 for public hearings to consider whether certain structures shall be condemned and ordered demolished or repaired. Aye: (5). Nay: (0). Motion carried. (7.3) Corrugated Stainless Steel Tubing (CSST). (7.3a) First reading Ordinance No. 18-10941 amending Chapter 8, Article I, Division 4 of the Salina Code by adding Section 8-1-3-1311.14.2.1 to add an rn amendment for Arc-Resistant Jacketed CSST from additional electrical bonding requirements. (7.3b) First reading Ordinance No. 18-10942 amending Chapter 8, Article I, Division 3 of the Salina Code by adding Section 84-3-1210.15.2.1 to add an amendment for Arc-Resistant Jacketed CSST from additional electrical bonding requirements. Sean Pilcher, Building Official, explained the request, Building Advisory Board recommendation and action options. Commissioner Davis asked if there would be a situation where the piping would be exposed and not attached to an appliance. Mr. Pilcher stated no, the piping would be installed to an appliance. Commissioner Hoppock asked if an electrician and a plumber were on the Building Advisory Board when the item was reviewed. Mr. Pilcher stated yes. Commissioner Hoppock also asked how it affected a home with knob and tube and was not grounded. Mr. Pilcher stated the amendment would not apply to that home. A conversation ensued between Commissioner Hoppock, Jason Gage, City Manager, Lauren Driscoll, Director of Community & Development Services and Mr. Pilcher regarding the amendments. Commissioner Hodges asked if the vote was unanimous of the Building Advisory Board on the amendment. Mr. Pilcher stated yes. 18-0185 Moved by Commissioner Davis, seconded by Commissioner Hay, to pass Ordinance No. 18-10941 amending Chapter 8, Article I, Division 4 of the Salina Code by adding Section 8-1-3- Page 4 1311.14.2.1 to add an amendment for Arc-Resistant Jacketed CSST from additional electrical bonding requirements on first reading. Aye: (5). Nay: (0). Motion carried. 18-0156 Moved by Commissioner Davis, seconded by Commissioner Hay, to pass Ordinance No. 18-10942 = amending Chapter 8, Article I, Division 3 of the Salina Code by adding Section 8-1-3- w 1210.15.2.1 to add an amendment for Arc-Resistant Jacketed CSST from additional electrical bonding requirements on first reading. Aye: (5). Nay: (0). Motion carried. N Michael Schrage, Deputy City Manager, explained the new process used for review of the new building codes by both staff and the Building Advisory Board and noted the added o work load the process was taking but felt it was successful. (7.4) Resolution No. 18-7562 amending the 2018-2022 Capital Improvement Program of the City of Salina, Kansas and award contract for new sports lighting at Bill Burke Park to Heineken Electric in the amount of$268,150. Chris Cotten, Director of Parks & Recreation, explained the request, fiscal impact and action options. He continued to state the project cost would be $288,150 due to the need for an upgraded transformer to power the park. Commissioner Hodges stated staff had provided her information on the request and the plan for the remaining fields without lights. Mr. Cotten provided information on the future plan for the fields. Commissioner Davis asked if the lighting project was part of the plan that would be brought to the commission at a future study session. Mr. Cotten stated the lighting would remain the same if the new plan was implemented. 18-0187 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to adopt Resolution No. 18- 7562 amending the 2018-2022 Capital Improvement Program of the City of Salina, Kansas to reallocate $288,150 to replace lighting at East Crawford Recreation Area, Matson Field and Dean Evans Stadium to new sports lighting at Bill Burke Park. Aye: (5). Nay: (0). Motion carried. 18-0188 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to award contract for new sports lighting at Bill Burke Park to Heineken Electric in the amount of $268,150 authorizing staff to spend up to$20,000 for the upgrade of the transformer with Westar Energy. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Application No. Z18-7, (filed by the Salina City Planning Commission), requesting approval of an amendment of Article XI, Off-Street Parking and Loading, Division 2, of the Salina Zoning Ordinance, by amending Section 42-552 (e)(6) Computation to clarify how the required number of off-street parking spaces for a building or parcel of land is calculated. (8.1a) First reading Ordinance No. 18-10938. Dean Andrew, Director of Planning, explained the request, Planning Commission recommendation and action options. Commissioner Hodges asked if there was a means to waive parking requirements. Mr. Andrew stated in most cases on-street parking did not count as part of the off-street Page 5 parking count. He continued to provide information on the Kansas Wesleyan University parking plan. Lauren Driscoll, Director of Community & Development Services, stated staff would have to keep an eye on the parking needs of the community but stated the parking regulations were firm but flexible enough to allow for adjusting the parking requirements. 18-0189 Moved by Commissioner Davis, seconded by Commissioner Hodges, to pass Ordinance No. 18- 10938 requesting approval of an amendment of Article XI, Off-Street Parking and Loading, Division 2, of the Salina Zoning Ordinance, by amending Section 42-552 (e)(6) Computation to clarify how the required number of off-street parking spaces for a building or parcel of land is calculated on first reading. Aye: (5). Nay: (0). Motion carried. (8.2) Application No. Z18-8, (filed by the Salina City Planning Commission), requesting approval of an amendment of Article XIV, Definitions, of the Salina Zoning Ordinance, to eliminate terms and definitions that could potentially conflict with the terms and definitions in the recently adopted floodplain regulations in Article VIII of the Salina Zoning Ordinance. (8.2a) First reading Ordinance No. 18-10939. Dean Andrew, Director of Planning, explained the request, Planning Commission recommendation and action options. 18-0190 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to pass Ordinance No. 18- 10939 requesting approval of an amendment of Article XIV, Definitions, of the Salina Zoning Ordinance, to eliminate terms and definitions that could potentially conflict with the terms and definitions in the recently adopted floodplain regulations in Article VIII of.the Salina Zoning Ordinance on first reading. Aye: (5). Nay: (0). Motion carried. (8.3) Application No. Z18-6 (filed by Jason Ingermanson on behalf of Reimold Properties, Inc., the Reimold Limited Partnership, and the Revocable Trust of Jason R. Ingermanson dated May 18, 2015), requesting a change in zoning district classification from C-5 (Service Commercial) and R-1 (Single-Family Residential) to PC-3 (Planned Shopping Center) district on property described as 902, 908, 916, 1000, 1004 East Crawford Street, 719 Lewis Street, 714 South Ohio Street and requesting concurrent approval of a final site development plan for a proposed Mokas Coffee and Bistro restaurant with a drive up window at 902 and 908 East Crawford Street. (8.3a) First reading Ordinance No. 18-10940. Dean Andrew, Director of Planning, explained the request, Planning Commission recommendation and action options. Michael Schrage, Deputy City Manager, asked staff to explain the final site development plan review process. Mr. Andrew provided additional information on how the steps and process by which site plans are submitted and receive final approval. Commissioner Hoppock asked if the City Commission wanted to delegate the authority would Section 4 need to be changed. Mr. Andrew stated if the City Commission wanted to retain the authority, the words planning commission would need to be removed or if the City Commission wanted to delegate the authority to the planning commission the Pale 6 1 wording governing body would be removed from the ordinance. A conversation ensued between the Commission, Mr. Andrew and Greg Bengtson, City Attorney, regarding the delegation of authority to approve deferred site development plans. Commissioner Hodges asked in terms of traffic counts, was the Ohio & Crawford intersection one of the highest traffic counts and continued to provide her thoughts on the asite development plan review authority. Mr. Andrew stated Ohio & Crawford was one of the top 3 intersections in the community with the highest traffic counts. 3 Commissioner Davis asked if the dining in a car was permitted in the area. Mr. Andrew stated the type of establishment such as a drive-in, that changed with the Sonic Drive-In on South Santa Fe, did not used to be permitted in a C-3 zoned area. Commissioner Davis asked for clarification on the location of the curb cut on Crawford. Mr. Andrew showed the curb cut on Crawford on a site plan that was included in the packet. A conversation ensued between the Commission, Mr. Andrew and Lauren Driscoll, Director of Community & Development Services, regarding the curb cuts within the development. Commissioner Hoppock asked if the road from Lewis Street to the rear of Popeye's would be open from day one. Dylan Cowing, Kaw Valley Engineering, stated the road would be developed as the area was developed in the future. A conversation continued to ensue between the Commission regarding the traffic flow and curb cuts of the development. Commissioner Hoppock asked how much time would be added if the approval of the site development plan was reserved by the City Commission. Mr. Andfew stated there would be roughly 20 additional days added to the approval time if the approval went to the Planning Commission first and then on to the City Commission. He continued to state the 20 days is to allow the 14 day protest period to expire. Commissioner Hoppock asked if the site development plan would require 1 or 2 readings. Mr. Andrew stated the site development plan would require a single approval. Mr. Schrage stated in addition to the additional time required, the review of a site development plan by two 2 different bodies would represent some risk to the developers. Commissioner Hodges provided her thoughts on the approval of the site development plan. Mayor Ryan provided his thoughts on the approval of the site development plan. Commissioner Davis asked if changes were made by the Planning Commission or the City Commission on the Popeye's project. Mr. Andrew stated the initial zoning request was for a standard commercial zone district and continued to provide information on the steps for approval of the project. Commissioner Davis provided his thoughts on the approval of the site development plan. Commissioner Hoppock provided his thoughts on the site development plan approval process. A conversation ensued between the Commission and Mr. Schrage regarding the review of the site development plan by multiple bodies. Page 7 Mr. Gage asked if the plan was to eliminate access points off of Crawford Street. Mr. Andrew stated the plan was not to eliminate access points but to allow patrons from Popeye's to exit to Lewis Street and not utilizing Millwood Drive (a residential street) for the traffic. A conversation ensued between the Commission, Mr. Gage, Mr. Schrage and Mr. Andrew regarding the access points off Crawford Street and the development of the road from Lewis Street to Popeye's. Mr. Andrew stated a condition could be added to the ordinance to require the connecting road from Popeye's be constructed with the next phase of development. U 18-0191 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to pass Ordinance No. 18- 10940 changing the zoning district classification from C-5 (Service Commercial) and R-1 (Single- Family Residential) to PC-3 (Planned Shopping Center) district on property described as 902, 908, 916, 1000, 1004 East Crawford Street, 719 Lewis Street, 714 South Ohio Street and requesting concurrent approval of a final site development plan for a proposed Mokas Coffee and Bistro restaurant with a drive up window at 902 and 908 East Crawford Street on first reading. Commissioner Davis asked where a condition would be placed in the ordinance for the rear road from Lewis Street to Popeye's. Greg Bengtson, City Attorney, stated in Section 4. Commissioner Hoppock stated he did not add the condition to the ordinance due to the current request for the Mokas lot only and the development of the rear road was not set in stone. Mr. Schrage asked staff how many developable lots would be left after the first phase. Mr. Andrew stated approximately two additional sites. 18-0192 Moved by Commissioner Davis, seconded by Commissioner Hodges, to amend the motion to add a fifth condition that requires the rear frontage road connecting Lewis Street be connected with the next phase of development. Aye: (4). Nay: (1) Ryan. Motion carried. Mayor Ryan called the question to approve Ordinance No. 18-10940 on first reading with the amendment of the conditions of approval in Section 4. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Commissioner Hodges stated the North Salina Hog Roast event occurred over the weekend at Thomas Park and stated the event was well attended and the North Salina Community Development did a great job with the event. She continued by asking staff for an update on the Salina Fieldhouse floor. Commissioner Davis congratulated Jason Gage, City Manager, on his new position. Mr. Gage thanked Commissioner Davis and stated he would work hard for the next two (2) months to accomplish all tasks necessary. (9.1) Request for executive session (legal and personnel). I move the city commission recess into executive session for _ minutes to discuss two unrelated subjects - (a) confidential negotiations with Saline County relating to the City's legal obligations and options relating to perimeter road annexation and (b) confidential legal matters relating to potential litigation, with legal counsel based upon the need for consultation with an attorney for the public body which would be Page 8 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. I move the city commission recess into executive session for_ minutes to discuss a non-elected employee's performance and status based upon the need to discuss w personnel matters of non-elected personnel pursuant to K.S.A. 75-4319(b)(1). The r. open meeting will resume in this room at p.m. N 18-013 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to recess into executive 1 session for 40 minutes to discuss two unrelated subjects - (a) confidential negotiations with Saline 0 " County relating to the City's legal obligations and options relating to perimeter road annexation and (b) confidential legal matters relating to potential litigation, 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 room 10Th at 7:40 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed for a five (5) minute break then went into executive session at 7:00 p.m. and reconvened at 7:40 p.m. No action was taken. 18-0194 Moved by Commissioner Hoppock, 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 7:40 p.m. and reconvened at 8:00 p.m. No action was taken. 18-0195 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to extend the current executive session for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 8:00 p.m. and reconvened at 8:10 p.m. No action was taken. 18-0196 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to extend the current executive session for an additional 5 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 8:10 p.m. and reconvened at 8:15 p.m. No action was taken. 18-0197 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to extend the current executive session for an additional 5 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 8:15 p.m. and reconvened at 8:20 p.m. No action was taken. 18-0198 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to recess into executive session for 10 minutes to discuss a non-elected employee's performance and status based upon the need to discuss personnel matters of non-elected personnel, pursuant to K.S.A. 75-4319(b)(1). The open meeting will resume in room 107B at 8:30 p.m. Aye: (5). Nay: (0). Motion carried. I The City Commission recessed into executive session at 8:20 p.m. and reconvened at 8:30 p.m. No action was taken. Page 9 18-0199 Moved by Commissioner Davis, seconded by Commissioner Hodges, to extend the current Iexecutive session for an additional 15 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 8:30 p.m. and reconvened at 8:45 p.m. No action was taken. 18-0200 Moved by Commissioner Davis, seconded by Commissioner Hay, to extend the current executive N session for an additional 5 minutes. Aye: (5). Nay: (0). Motion carried. B The City Commission recessed into executive session at 8:45 p.m. and reconvened at 8:50 p.m. No action was taken. ADJOURNMENT 18-0201 Moved by Commissioner Hay, seconded by Commissioner Davis, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 8:50 p.m. [SEAL] Karl F. Ryan, Mayor ATTEST: ', / q�� 4a-adt 11—tS�L6 Shandi Wicks, CMC,City Clerk I Page 10