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10-11-2021 Minutes.. .. .. CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 11, 2021 4:00 p.m. The City Commission convened at 3:00 p.m. in Room 107 , City-County Building, for a study session which consisted of a presentation entitled Developing Memorial Hall. Mayor Hodges asked the Clerk for verification that notice had been sent for today 's City Commiss ion meeting. The Clerk replied yes. The Regular Meeting of the Board of Commissioners was called to order at 4 :00 p.m. in Room 107, City- County Building. A roll call was taken . Mayor Hodges acknowledged the current number of local deaths due to COVID and asked that the families of those that have died be kept in our thoughts and prayers . Mayor Hodges' acknowledgement was followed by the Pledge of Allegiance and a moment of silence. Those present and comprising a quorum: Mayor Melissa Rose Hodges (presiding), Trent W. Davis, M.D., Michael L. Hoppock and Karl Ryan . Also present: Mike Schrage, City Manager (via Zoom), Jacob Wood , Deputy City Manager; Greg Bengtson, City Attorney; and JoVonna A. Rutherford , City Clerk. A WARDS AND PROCLAMATIONS (3 .1) Recognition of the week of October 17-23 , 2021 , as Friends of the Salina Public Library Week in the city of Salina. Gretta Kontas read the proclamation and announced related activities . CITIZENS FORUM Mayor Hodges offered a reminder to citizens that the members of the City Commission are elected representatives ; and, as such , have listened to comments, reviewed staff reports and sometimes performed personal research prior to making any decisions that they were elected to make . Mayor Hodges stated that even if there was a disagreement with a decision made, it did not mean citizen comments were not considered. Mayor Hodges further stated that while citizen participation is the corner stone of democracy, there are rules for that participation . Mayor Hodges then provided a brief recap of the public participation policy and established expectations and consequences for meeting conduct. Deborah Corrales, Salina, Kansas , shared her thoughts on how media misinforms the public on dog attacks and read an article from The Salina Journal regarding a dog attack in which it was presumed the dog was a pit bull but specific breed was never confirmed. Ms. Corrales also shared a picture of her pit bull and non-related mixed breeds and stated the ban hurts dog and people. Nancy Hodges, Salina, Kansas, expressed appreciation for the remarks made by Mayor Hodges about the meeting last week and the review of the meeting rules. Jon Blanchard, Salina, Kansas, commented on the study session last week, indicated it was a really good, informative study session and stated we were way behind on getting more density, smaller housing footprints and dealing with affordability . Mr. Blanchard further commented that Commissioner Davis 's comments last week on the apartment complex by Menards were 100% on target and continued to state that placing apartments on that parcel was the worse planning decision the city is probably ever going to make, that there were a lot of problems -some of which were not even addressed -like perimeter roads and traffic analysis as well as touched on desirability of the location. Mr. Blanchard thanked Commissioner Davis for the comments made about the decorum of the meeting last week, provided his thoughts on an informed electorate and expressed embarrassment Page 1 1111 ,.. .. r "' "' z 0.. w "' .!: (ii (/) i :!2 0 "' c: 0 CJ 21-0312 21-0313 of how the Governing Body was treated at last week 's meeting. Mr. Blanchard, in closing, provided information on an upcoming city commission candidate forum. Dalton McDowell, Salina, Kansas, suggested that since half of the commission could be replaced in the upcoming election, any item that could cost a lot of money should be tabled until after said election so as not to waste money . David Norlin, Salina, Kansas, expressed appreciation for the recognition by the Governing Body of the Friends of the Salina Public Library and shared that Rosetta Stone language learning is available from the comfort of home via computer or mobile phone as a free service provided by the Salina Public Library . PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing to consider adoption of Resolution No. 21-7990 , declaring a certain structure located at 133 S. Penn Avenue, to be unsafe and dangerous. Sean Pilcher, Building Official, explained the statute and required process. Mayor Hodges opened the public hearing. Mr. Pilcher confirmed the recommendation of staff was that the property at 133 S. Penn be deemed dangerous and provided further details of the property and associated time line. Commissioner Davis questioned the compliance agreement in that there were only two of the four repairs presented that were referenced therein . A discussion followed regarding the statute, contents of agreement, correct location of damaged walls and required repairs to include electric and gas meters and windows and doors . Chris Helm , Salina, Kansas, current owner of the property which he recently purchased, stated this is something he does every day and, in the past seven years , he has rehabilitated approximately 60 different properties in town and was confident this project could be taken off the dangerous structure list by the end of the year and complete by March , 2022. No questions or comments were received from the public. Mayor Hodges closed the public hearing . Moved by Commissioner Hoppock, seconded by Commissioner Davis, to approve Resolution No. 21-7990 and fixing times requested by the property owner of 30 days for commencement on or before November 10, 2021 and 81 days, on or before January 10 , 2022 , for completion of work, to include electric and gas meters and windows and doors , and authorizing staff to proceed with the demolition or repair if the owner fails to comply. Aye : (4). Nay (0). Motion carried. CONSENT AGENDA (6 .1) Approve the minutes of October 4 , 2021. Moved by Commissioner Davis , seconded by Commissioner Ryan , to approve the minutes of October 4, 2021. Aye: (4). Nay (0). Motion carried. ADMINISTRATION (7 .1) Second reading of Ordinance No . 21-11084, enacting of new City Code Section 7-56 .1 to supplement current Section 7-56 updating the regulation of animal feces to include the requirement of a feces capturing, diapering apparatus for owners and operators of horse drawn vehicles. Page 2 ,.. 1111 ,.-. "' "' z 0.. w .. .s iii (/J ~ 21-0E 4 g c 0 () L 21-0315 Mayor Hodges stated the ordinance was passed on first reading on October 4 , 2021 , and no comments have been received since that time . Norman Mannel , Salina, Kansas, inquired about horse drawn vehicles as opposed to individual horses. Mike Schrage , City Manager, reiterated the question and response from last week's meeting. Jon Blanchard, Salina, Kansas , provided his thoughts on the responsibilities of Salina Downtown , Inc . related to maintenance , security, personnel and associated costs. Moved by Commissioner Ryan , seconded by Commissioner Davis, to approve Ordinance No. 21-11084 on second reading. A roll call vote was taken. Aye: (4). Nay (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Lakeview Estates II (8 .la) First reading, Ordinance No. 21-11079 , annexing a 34-acre tract of land located on the east side of South Ohio Street between Magnolia Road and Schilling Road. (8.lb) First reading, Ordinance No. 21 -11080, changing the zoning district classification from Saline County AG (Agricultural) to PDD R-2.5 (Multi-Family Residential), PDD R-2 (Multi-Family Residential), R-2 .5 (Multi-Family Residential), and C-1 (Restricted Business) and approval of a preliminary development plan for an assisted living/memory care facility on an 8 acre portion of a 34 acre tract of land located between South Ohio Street and the Knox Sandpit. Dean Andrew, Director of Planning, explained the request, fiscal impact and action options of Item 8.la. Moved by Commissioner Davis, seconded by Commissioner Ryan, to approve Ordinance No. 21-11079 on first reading annexing the 34 acre tract into the city. Aye: ( 4). Nay (0). Motion carried. Dean Andrew, Director of Planning, explained the request, fiscal impact and action options of Item 8 .lb . A discussion followed which encompassed streets, construction phases, sidewalks, and emergency and fire access to the property . Nick Dwyer, Dover Development, LLC , touched on the subject of emergency and fire access and presented information about Cedarhurst Senior Living. Commissioner Davis inquired about the entrance to be used by Emergency Medical Services and it was confirmed the front entrance on Ohio would be utilized. Stan Byquist, Salina, Kansas, expressed appreciation to the Governing Body for consideration of the project. Commissioner Hoppock questioned if the property was located in the flood plain to which Mr. Andrew responded the property was not on the new flood plain map . Mr. Andrew clarified , after further discussion with Troy Long, Fire Marshal related to the sidewalk, subsection C.2. could be eliminated from the ordinance as there is no longer a need for said sidewalk. Page 3 21-0316 "' "' Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve Ordinance No . 21-11080 on first reading, changing the zoning district classification from Saline County AG (Agricultural) to PDD R-2.5 (Multi-Family Residential), PDD R-2 (Multi-Family Residential), R-2.5 (Multi-Family Residential), and C-1 (Restricted Business) and approval of a preliminary development plan for an assisted living/memory care facility on an 8 acre portion of a 34 acre tract of land located between South Ohio Street and the Knox Sandpit, and removing section 3.C.2 . eliminating that as a condition with alternate solutions provided. Aye: (4), Nay (0). Motion carried. (8.2) First reading, Ordinance No. 21-11085, requesting a change in zoning district classification from PDD (C-1) district to PDD (C-3) district for property located at 104 E. Magnolia Road directly south of the former JC Penney's store and approval of an amended preliminary/final development plan to allow construction of an Atwell Suites hotel. Dean Andrew, Director of Planning, explained the request, fiscal impact and action options. A discussion ensued related to concerns about traffic at the intersection of Century Plaza Drive/Highland Avenue and Magnolia Road and possible solutions to remedy the situation. 21-0317 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to approve Ordinance No. 21-11085 on first reading requesting a change in zoning district classification from PDD (C-1) district to PDD (C-3) district for property located at 104 E. Magnolia Road directly south of the former JC Penney's store and approval of an amended preliminary/final development plan to allow construction of an Atwell Suites hotel with the addition of improvements to the traffic flow from Century Plaza Drive onto Magnolia Road prior to a Certificate Of Occupancy being issued. Aye: (4), Nay (0). Motion carried . OTHER BUSINESS Commissioner Davis commented on unifying the maintenance of downtown planters as suggested by Jon Blanchard and a discussion followed on available options. Mayor Hodges recognized the new media team of David Hawksworth and Cash Hollistah for providing in house broadcasting and social media posts. ADJOURNMENT 21-0318 Moved by Commissioner Hoppock, seconded by Commissioner Davis, that the regular meeting of the Board of City Commissioners be adjourned . Aye: (4). Nay: (0). Motion carried . The meeting adjourned at 6:04 p.m. [SEAL] ATTEST:~--... Page 4