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07-10-2023 Minutes• z 0.. w "' ,!;; o; en i :g g c: 0 u 23-0185 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS July 10, 2023 4:00 p.m. Mayor Hoppock asked the Clerk for verification that notice had been sent for today 's City Commission 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 followed by the Pledge of Allegiance and a moment of silence. Those present and comprising a quorum: Mayor Michael L. Hoppock (presiding), Trent W. Davis , M.D., Greg Lenkiewicz and Bill Longbine. Also present: Mike Schrage , City Manager; Jacob Wood , Deputy City Manager, Shawn Henessee, Assistant City Manager, Greg Bengtson, City Attorney ; and Jo Vonna A. Rutherford , City Clerk. AWARDS AND PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (5.1) Approve the minutes of the meeting of July 3 , 2023. Moved by Commissioner Davis, seconded by Commissioner Longbine , to approve the consent agenda as presented. Aye: (4). Nay (0). Motion carried. ADMINISTRATION (6.1) Approve Resolution No . 23-8137 appointing members to citizen boards , commissions and committees. Mayor Hoppock announced the appointment to the Library Board. 23-0186 Moved by Commissioner Davis, seconded by Commissioner Lenkiewicz, to approve Resolution No . 23-8137 . Aye: (4). Nay (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Approve Ordinance No. 23-11162 , on first reading, changing the zoning district classification from C-7 (Highway Commercial) and A-1 (Agricultural) to I-2 (Light Industrial) to allow a utility company/contractor to relocate to the former Harle y- Davidson dealership site located on the east side of North Ohio Street south ofl-70. Spencer Aikin, City Planner II , explained the request , fiscal impact and action options . ... 23-0187 Moved by Commissioner Longbine, seconded by Commissioner Davis , to approve Ordinance No . 23-11162 , on first reading , rezoning this 12 .64 acre tract of land from C-7 (Highway Commercial) and A-1 (Agricultural) I-2 (Light Industrial). Aye: (4). Nay (0). Motion carried. Page 1 ,.. - L - L "' "' z 0.. w "' _!;; o; (/) ~ 10 23-0 · 88 c: 8 23-0189 23-0190 (7.2) Consider the acceptance of the offered easement and restricted access dedications from the Salina Health Education Foundation (Ann Feil) to serve the ADR Addition, a 2 lot subdivision of a 12.64 acre tract of land located on the east side of North Ohio Street south ofl-70. Spencer Aikin, City Planner II, explained the request, fiscal impact and action options. A brief discussion followed concerning proposed access easement locations. Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, to accept the offered easement and restricted access dedications and to authorize the Mayor to sign the plat on behalf of the City. Aye: (4). Nay (0). Motion carried. Moved by Commissioner Longbine, seconded by Commissioner Lenkiewicz, to approve the Salina Health Education Foundation's request to be allowed to develop the ADR Addition subdivision with Ohio Street left in its current interim street condition and directing staff to prepare a Development Agreement between the City and the developer addressing the future improvement of North Ohio Street with the executed agreement being recorded with the final plat. Aye (4). Nay (0). Motion carried. (7.3) Approve Ordinance No . 23-11161, on first reading, annexing a 19 .80 acre tract of land located on the west side of North Ohio Street south ofl-70. Mayor Hoppock recused himself from Items 7.3 through 7.6. Dustin Herrs, Assistant City Planner, explained the request, fiscal impact and action options . Moved by Commissioner Lenkiewicz, seconded by Commissioner Davis, to approve Ordinance No. 23-11161 on first reading annexing this 19.80 acre tract into the city. Aye: (3). Nay (0). Motion carried. 3-0 (7.4) Approve Resolution No. 23-8138 requesting that the Saline County Commission approve the annexation of a 19.80 acre tract ofland located on the west side of North Ohio Street south ofl-70 to allow a proposed warehouse facility to be constructed by Beck's Hybrid Seeds to receive City water and sanitary sewer service. Dustin Herrs, Assistant City Planner, explained the request, fiscal impact and action options. 23-0191 Moved by Commissioner Lenkiewicz, seconded by Commissioner Davis, to approve Resolution No. 23-8138 requesting that the Saline County Commission approve the annexation of this 19.80 acre tract. Aye: (3). Nay (0). Motion carried. (7.5) Approve Ordinance No. 23-11150, on first reading, changing the zoning district classification from A-1 (Agricultural) to 1-2 (Light Industrial) to allow construction of a sales office and warehouse space on a 23.92 acre tract of land located on the west side of North Ohio Street south of 1-70, directly south and west of Foley Equipment Company. Dustin Herrs, Assistant City Planner, explained the request, fiscal impact and action options. Page 2 23-0192 "' "' z a.. w "' .£ '" (/) ~ ]2 Si c 0 (.) Moved by Commissioner Davis, seconded by Commissioner Lenkiewicz, to approve Ordinance No . 23-11150 on first reading , changing the zoning district classification from A-1 (Agricultural) to I-2 (Light Industrial) to allow construction of a sales office and warehouse space on a 23.92 acre tract of land located on the west side of North Ohio Street south ofl-70, directly south and west of Foley Equipment Company. Aye: (3). Nay (0). Motion carried. (7.6) Approve Ordinance No . 23-11163 , on first reading, changing the zoning district classification from A-1 (Agricultural) to I-2 (Light Industrial) to allow future industrial-type development on a 35 acre tract of land located on the north side of West Diamond Drive north ofl-70, directly west of the Petro 2 Travel Plaza. Dustin Herrs, Assistant City Planner, explained the request, fiscal impact and action options. A discussion developed related to concerns voiced from KOA campground, noise from other adjacent commercial businesses , varying business hours , flood plain, elevation, drainage , FEMA concerns , regulations , elevation erosion and property taxes. Jeff Maes , Salina, Kansas , speaking on behalf of Johnson Trucking, shared his thoughts on development in the area. 23-0193 Moved by Commissioner Lenkiewicz , seconded by Commissioner Davis, to approve Ordinance No. 23-11163 on first reading, changing the zoning district classification from A-1 (Agricultural) to I-2 (Light Industrial) to allow future industrial-type development on a 35 acre tract of land located on the north side of West Diamond Drive north ofl-70, directly west of the Petro 2 Travel Plaza. Aye: (3). Nay (0). Motion carried. Mayor Hoppock rejoined the meeting . (7 .7) South View Estates , LLC. (7.7a) Approve Resolution No. 23-8139 , recommending and supporting an amendment to the Moderate Income Housing (MIH) grant easement between Kansas Housing Resource Corporation and the City. (7.7b) Approve Resolution No. 23-8117 adopting an amendment to the South View Estates , LLC Development Agreement. Lauren Driscoll , Director of Community and Development Services , explained the request, fiscal impact and action options . A lengthy discussion developed which included a breakdown of the MIH requirements and process , extension request due to slower than anticipated sales , ownership of properties , owner occupied, rental, open market, number of townhomes , number of single family homes , description of properties, pricing, rental market, oversaturation of market, current marketing of properties. Stan Byquist, Salina, Kansas , provided information on number of properties available and marketing tools being utilized . Page 3 M "' "' z 0.. w "' 23-0 i94 ~ :!2 g " 8 ... 23-0195 23-0196 23-0197 23-0198 r Commissioner Longbine stated he would be embarrassed to show a proposed buyer any of the properties due to overgrown weeds and suggested the owners were not trying very hard to sell the townhomes. Kelly Dunn, Salina, Kansas, confirmed measures had been taken to eliminate the weeds and stated the City was not mowing the nearby ditches after several requests from him. Moved by Commissioner Longbine, seconded by Commissioner Davis, to approve Resolution No. 23-8139, recommending and supporting an amendment to the Moderate Income Housing (MIH) grant easement between Kansas Housing Resource Corporation and the City. Aye: (4). Nay (0). Motion carried. Discussion continued on housing, the MIH program, ownership, rental, number of homes, developer risk, housing market change, incentives, realization that townhomes are not good for owner occupation, length of time townhomes have been on the market, price point, need for rental properties, and expectation of individuals who have already purchased owner occupied properties. Ben Windholz, Salina, Kansas, shared his thoughts on the matter which included builders' risk, quality of homes built, price of homes, and concern for owners that have already purchased homes in this area expecting no rental units. Commissioner Lenkiewicz stated that the mentality that renters are less than others is not very honest and everyone has to start somewhere . Moved by Commissioner Longbine, seconded by Commissioner Davis, to divide questions on Resolution No. 23-8117. Aye: (4). Nay (0). Motion carried. Moved by Commissioner Davis, seconded by Commissioner Longbine, that the timeline be extended by twelve (12) months. Aye: (4). Nay (0). Motion carried. Moved by Commissioner Davis, seconded by Commissioner Lenkiewicz to approve the sale of the remaining townhomes in Phase I as investment properties/rentals with the exception of the following addresses: 1113, 1115, 1116 and 1118 Harbor Drive. Aye: (3). Nay (1 -Longbine). Motion carried. A recess was taken for twelve (12) minutes and the meeting reconvened at 6:45 p.m. Moved by Commissioner Davis, seconded by Commissioner Lenkiewicz, to approve Resolution No. 23-8117 amending Section No. 1 to read as follows: The Amendment No. 1 is hereby approved in substantially the form presented to the City Commission with such alterations, changes or additions as may be approved by the City Manager and as to form by the City Attorney, provided that Amendment No. 1 will not allow for the sale of residential units addressed as 1113, 1115, 1116 and 1118 Harbor Drive. The Mayor or Vice Mayor of the City is hereby authorized and directed to execute the Amendment No. 1 and such other documents, statements, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution (together with the Amendment No. 1, collectively, the "Amendment Documents") in such final form as are approved by the City Manager and as to form by the City Attorney, and the execution or taking of such actions shall be conclusive evidence of such form necessity or advisability. The City Clerk or any Deputy City Clerk is hereby authorized to attest to and affix the seal of the City to the Page4 - .. ... Ill ,. "' "' z ll. w "' .~ Oi (/) ,:, * :g g c 0 (.) amendment documents and such other documents , certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution. Aye: (3). Nay: (1 - Longbine) . OTHER BUSINESS Commissioner Longbine commended city staff and volunteers for Play Day in the Park on Independence Day. Commissioner Hoppock suggested a change in the meeting schedule and first and second readings of ordinances. It was decided that a study session would be scheduled to discuss the matter further. CITIZENS FORUM Ken Reitz , Salina, Kansas , shared this thoughts on the frequency of meetings . David Norlin, Salina, Kansas , shared his thoughts on Commissioner Longbine recusing himself from the Pride proclamation stating it was a dangerous signal to the public of his inability to fully represent the best interests of all citizens and that Commissioner Longbine should apologize to all citizens for his actions. Ben Windholz, Salina, Kansas , expressed his thoughts on fewer , longer meetings, public forum being moved back to the beginning of the meeting and personal beliefs . Norman Mannel , Salina, Kansas , stated laws are enforceable. EXECUTIVE SESSION 23-0199 Moved by Commissioner Lenkiewicz seconded by Commissioner Davis , that the City Commission recess into executive session for 30 minutes to discuss with special legal counsel the subject of confidential legal considerations relating to potential points of negotiation with Salina Destination Development, LLC, regarding the City 's multi-family housing project, based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attomey- client relationship pursuant to K.S.A. 75-4319(b)(2). The open meeting will resume in this room at 7:35 p.m . Aye: (4). Nay (0). Motion carried. The City Commission recessed into executive session at 7:05 p.m. and reconvened at 7:35 p.m. Also present in the executive session were Mike Schrage , City Manager , Jacob Wood , Deputy City Manager, Shawn Henessee , Assistant City Manager and Greg Bengtson, City Attorney , Martha Tasker, Director of Utilities, Matt Webster and Steve Sparks . No action was taken. Page 5 ADJOURNMENT 23-0200 Moved by Commissioner Davis, seconded by Commissioner Lenkiewicz, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting tii adjourned at 7:37 p.m. z a.. w "' .!: iii "' ~ :2 g c: 0 u [SEAL] ATTEST: Page 6