11-07-2005 MinutesCommission
Action #
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
November 7, 2005
4:00 p.m.
z
The City Commission convened at 2:30 p.m. in a Study Session for a Statutory Option on Sunday
w Liquor Sales, Financial Update, and National Citizen Survey discussion. The Regular Meeting of the
9
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.
D
O
There were present:
U
Mayor Deborah P. Divine, Chairman presiding
Commissioner Alan E. Jilka
Commissioner Donnie D. Marrs
Commissioner R. Abner Perney
Commissioner John K. Vanier H
comprising a quorum of the Board, also present:
Jason A. Gage, City Manager
Greg Bengtson, City Attorney
Lieu Ann Elsey, City Clerk
Absent: None
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of October 24, 2005.
05-6995 Moved by Commissioner Marrs, seconded by Commissioner Perney, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #Z05-10, filed by Odontology Building, Inc., requesting a change in zoning
district classification from R-3 (Multi -Family Residential) to C-3 (Shopping Center District) to allow
improvements for additional off-street parking on property located in Block 1 of the Parkwood Village
Addition.
(7.1a) First reading Ordinance No. 05-10312.
Dean Andrew, Director of Planning and Community Development, explained the request
and the Planning Commission's recommendation.
05-6996 Moved by Commissioner Perney, seconded by Commissioner Jilka, to pass Ordinance No.
05-10312 on first reading. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Acceptance of dedication of a permanent public utility easement.
easement.
(8.1 a) Second reading Ordinance No. 05-10285 vacating a portion of a public utility
easement located in Block 8, Twin Oaks H Subdivision.
Brad Johnson, City Engineer, explained the request and the location of the new proposed
Page 1
Commission
Action #
easement.
Commissioner Marrs recused himself due to conflict of interest.
Mr. Johnson then responded to Mayor Divine's question regarding the location of the new
054699 Moved by Commissioner Vanier, seconded by Commissioner Perney, to accept the
dedication of a permanent public utility easement located in Block 8, Twin Oaks II Subdivision. Aye:
ti (4) Nay: (0). Abstained: (1) Marrs. Motion carried.
05499E Moved by Commissioner Vanier, seconded by Commissioner Perney, to adopt Ordinance
No. 05-1285 on second reading. A roll call vote was taken. Aye: (4) Jilka, Perney, Vanier, Divine.
Nay: (0). Abstained: (1) Marrs. Motion carried.
Commissioner Marrs returned.
(8.2) First reading Ordinance No. 05-10311 levying the Salina Business Improvement District
No. 1 service fees for 2006.
Jason Gage, City Manager, explained K.S.A. 12-1781, the downtown plan, and the
proposed fee scheduled. Mr. Gage also explained the debt collection process, the amended 2006
budget for Salina Downtown, Inc., and the annual satisfaction survey.
Mr. Gage and Gayle Martin, Executive Director of Salina Downtown, Inc., responded to
Commissioner Vanier's questions regarding the number of accounts that are delinquent and the
amount of the delinquencies.
05-699S Moved by Commissioner Jilka, seconded by Commissioner Marrs, to pass Ordinance No.
05-10311 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.3) Resolution No. 05-6225 authorizing an agreement with Lowenthal, Singleton, Webb and
Wilson PA, for an audit of City records for the year ending December 31, 2005 in an amount not to
exceed $32,500.
Rodney Franz, Director of Finance and Administration, explained the agreement.
05-700 Moved by Commissioner Marrs, seconded by Commissioner Perney, to adopt Resolution
No. 05-6225. Aye: (5). Nay: (0). Motion carried.
(8.4) Resolution No.' 05-6223 authorizing an agreement with the Salina Area Chamber of
Commerce for economic development services.
Jason Gage, City Manager, explained services provided by the Chamber and the agreement.
Mr. Gage then responded to Mayor Divine's question regarding the funding of the agreement.
Mayor Divine suggested that the Chamber submit a proposed plan of action of how funds
are to be spent.
A discussion followed between Commissioner Marrs, Mayor Divine, and Mr. Gage
regarding Section 6 of the agreement.
Commissioner Jilka commented that it is key for local government to assist in creating a
positive local business climate and felt that a well functioning Chamber plays a vital role in a growing
community, as well as the partnership between elected officials and the Chamber being important for
success. Commissioner Jilka felt that more performance measures should be met and has a lack of
confidence in the leadership in the Chamber to fulfill the agreement; therefore, could not support the
agreement at this time.
Commissioner Marrs stated that he felt Section 7 of the agreement was adequate and felt
that there could be a problem if the City Commission attempts to dictate the economic development
that is done by the Chamber.
Commissioner Perney felt that Sections 6 and 7 of the agreement were adequate in meeting
the reporting requirements.
05-7001 Moved by Commissioner Marrs, seconded by Commissioner Vanier, to adopt Resolution
No. 05-6223. Aye: (3) Marrs, Perney, Vanier. Nay: (2) Jilka, Divine. Motion carried.
Page 2
Commission
Action #
(8.5) Resolution No. 05-6224 authorizing an agreement with the Salina Area Chamber of
Commerce regarding the Convention and Tourism Promotion Program.
Jason Gage, City Manager, explained the service provided by the Chamber, past funding
amounts, the agreement, and funding of the proposed agreement.
Commissioner Jilka commented that he did not totally agree with the funding breakdown,
but appreciated the provisions that were added to the agreement and would support the item.
05-500 Moved by Commissioner Marrs, seconded by Commissioner Vanier, to adopt Resolution
No. 05-6225. Aye: (5). Nay: (0). Motion carried.
(8.6) Appeal of Heritage Commission denial of Certificate of Appropriateness filed by the Salina
Regional Health Foundation for a house located at 120 W. Prescott.
Commissioner Vanier noted that he currently sits on the Salina Regional Health Foundation
Board and participated in discussion of the idea of a platelet center; however as meetings and events
progressed he stated that he had become more of an observer than a participant. Commissioner Vanier
continued to explain that he had attended both of the Heritage Commission meetings and abstained
from the vote regarding the Foundation's decision to appeal the Heritage Commission's decision.
Dean Andrew, Director of Planning and Community Development, explained the State law
regarding historic preservation, the request, Heritage Commission's decision, and the historic district.
Mr. Andrew also offered additional scenarios as follows:
options:
Scenario #1: Amend the Future Land Use Plan to include these properties in the H -M
future land use area instead of Residential as currently shown. Initiate the rezoning of the
properties from R-3 to H -M or C-2 to allow development of medical services related uses
which could include a blood platelet center or other hospital facilities. Roll back the
boundary of the Historic District to remove these properties from the district.
Scenario # 2: Amend the Future Land Use Plan to include these properties in the H -M
future land use area instead of Residential as currently shown. Initiate the rezoning of the
properties from R-3 to H -M or C-1 to allow development of medical services related uses
which could include a blood platelet center or other hospital facilities. Leave the current
boundary of the Highland / Prescott / Eighth Street Historic District in place.
Scenario #3: Leave the current H -M future land use boundary in place. Leave the current
R-3 zoning designation on these two properties in place. Initiate a text amendment to the
R-3 District Regulations to add medical offices, labs and clinics as a conditional use in the
R-3 district. Leave the current boundary of the Highland / Prescott / Eighth Street Historic
District in place.
Scenario # 4: Leave the current H -M future land use boundary in place. Leave the current
R-3 zoning designation on these two properties in place. Do not approve a text
amendment to add medical offices, labs and clinics to the list of conditional uses allowed
in R-3. Initiate a text amendment to clean up the list of R-3 conditional uses by deleting
hospitals and adopting more current terms for rest homes and sanitarium. Leave the
current boundary of the Highland / Prescott /Eighth Street Historic District in place.
Mr. Andrew then explained possible City Commission alternatives to include the following
Option 1: Accept the findings that the house is a "contributing" property within the
historic district and the house within the associated surroundings that characterize the
Prescott House, that the house is a character -defining feature within those environs, that
sufficient evidence has not been presented which demonstrates the need to demolish the
house, and that the proposed demolition would adversely affect the historic district and
would encroach upon, damage or destroy the Prescott House and its environ therefore
sustaining the decision of the Heritage Commission and deny issuance of the demolition
permit.
Option 2: Overturn the decisions of the Heritage Commission based on the possible
findings that the house is not architecturally or historically significant and that its
demolition will not have a negative impact on the historic district or the Prescott House
and its environs, that rehabilitation and reuse of the house is neither feasible or prudent,
Page 3
Commission
Action #
A discussion followed between Commissioner Jilka and Mr. Ediger regarding zoning and
conditional uses of the property. Additional discussions followed between Mayor Divine and Mr.
Ediger on street addressing of the property, traffic generation, and not giving the property a
commercial appearance by signage. Mr. Ediger responded to Commissioner Jilka's questions
Z
regarding attempts to sell the property by the previous owner.
w
A discussion followed by Commissioner Perney and Mr. Ediger regarding the possibility of
moving the house to be restored.
0
Further discussion followed between Commissioner Marrs, Mr. Ediger, and Mr. Andrew
regarding Attachment D to his letter.
Mayor Divine commented on the cost of testing for lead paint and asbestos removal.
Commissioner Marrs commented on the estimates of the cost provided by the applicant and
City Staff and the appropriate levels of restoration.
A discussion followed between Commissioner Vanier, Commissioner Marrs, and Mr.
Andrew regarding the City's Neighborhood Revitalization Program.
Mr. Gage and Judy Brengman, Neighborhood Services Coordinator, responded to the City
Commission's questions regarding permit requirements, lead and asbestos removal, and the
deficiencies of the house.
Commissioner Perney commented on the City Commission options presented and felt that
it is not feasible to retain the house.
John Marietta, 760 S. Santa Fe, felt that by allowing the demolition of the house it would
cause a "domino" effect on demolishing houses within the historic district. Mr. Marietta expressed
his support of the Heritage Commission's decision and stated that the platelet center could not be built
due to the current zoning of the property. He felt that it is financially feasible to restore the house and
that the hospital is encroaching into the historic neighborhood.
Bill Medina, Medina Construction, commented that he was outraged by the article
published by The Salina Journal, without contacting his company for input. Mr. Medina noted his
disagreement with City Staff's estimates provided and the scope of work.
Pam Head, CEO American Red Cross Blood Services (Wichita, Kansas), explained the
importance of a platelet center and the importance of the location of the center. She felt that the new
addition would enhance the neighborhood and provide a buffer between the two districts. Ms. Head
then responded to Mayor Divine's questions regarding when they approached the hospital in placing a
platelet center in Salina.
Melanie Terrill, 450 S. Eighth Street, felt there has not been an effort to market and sell the
house to someone who would be willing to restore it. She felt precedence would be set by
demolishing a house in the historic district. Ms. Terrill asked Commissioner Vanier on his intentions
of voting on the issue. Commissioner Vanier clarified that he intended on voting.
Douglas Mull, 534 S. Eighth Street, commented on the responsibility of the Heritage
Commission to uphold the provisions of local and state preservation laws. Mr. Mull felt that there was
a lack of effort of finding a new location and the Foundation did not meet the findings of Option 2.
Jim Foley, 211 W. Prescott, commented that the City Commission needed to do what is
right for the area and what is good for Salina. He expressed his support for the platelet center.
Ken Reitz, 317 W. Beloit Avenue, expressed his concerns with Salina lacking nice, fine
older neighborhoods. He also expressed his concerns with Salina not being able to use the space
within its bounds and felt that the problem could be avoided by designating the area for residential
needs.
Page 5
Commission
Action #
that all possible planning has been done to mitigate harm to the historic district and the
Prescott House and its environs by presentation of plans for replacement construction that
would be compatible; therefore grant the demolition permit subject to any conditions the
Commission deems appropriate.
z Option 3: Postpone action on the case in order to obtain additional information regarding
W historic significance, zoning and future land use of the subject property.
Mr. Andrew then responded to Mayor Divine's question regarding voting requirements.
0
Jason Gage, City Manager, commented on the scenarios presented and that the item
primarily dealt with the historic preservation ordinance and act. Mr. Gage continued to explain that
future possible action could be presented to the City Commission concerning the land use.
A discussion followed between Commissioner Jilka and Mr. Gage regarding the land use
and historic preservation issues. Additional discussions occured between Commissioner Jilka and Mr.
Andrew regarding the appeal process.
A discussion followed between Commissioner Vanier, Mr. Andrew, Associate Planner
John Burger, and Commissioner Marrs regarding "contributing" factors.
Commissioner Perney noted that there are currently homes that are similar to the house
located on Prescott that are not within the historic district and are used as residential.
A discussion followed between Commissioner Marrs and Mr. Burger regarding Attachment
D of the letter submitted by Warren Ediger, Architect, pertaining to the project meeting the criteria of
demolition.
Tom Martin, Salina Regional Health Foundation, explained that back in 2004 the City of
Salina purchased property located at 130 W. Prescott. The Foundation was contacted by city staff to
participate in the proposal process in purchasing the property, so the Foundation and the Hospital
discussed with their boards the possibility of owning 120, 124, and 130 W. Prescott for future use.
The City received two other proposals to purchase and rehabilitate 130 W. Prescott; therefore, the
Foundation was told that the rehabilitation proposals would take precedence over the Foundation's
proposal. Mr. Martin continued to explain the need for the platelet center and the foundation and
hospital boards' belief that this would be the best location for the center and commented on other
locations that were looked at by the organization.
Mr. Martin explained that when the Foundation applied for the Certificate of
Appropriateness, knowing that they must provide reasonable proof that it is not economically feasible
to rehabilitate the house on Prescott. Medina Construction was hired to provide an estimate in
rehabilitating the house, which exceeded the value of the homes in the area. Mr. Martin then
commented on the estimate provided by City Staff, noting that the estimate only meets the minimum
housing standards and there is no allowance for the testing or removal of lead paint and asbestos. Mr.
Martin continued to explain that to meet the second criteria the design of the proposed structure would
need to be compatible with the neighborhood and is supported by the surrounding neighbors. Mr.
Martin stated that the Memorandum of Understanding is not a legally binding document and the
disagreement between the parties involved with the Memorandum.
A discussion followed between Mayor Divine and Mr. Martin regarding the other locations
that were looked at by the Foundation and Hospital and the current occupancy rate and uses of the
Medical Arts Buildings on Santa Fe. An additional discussion followed regarding the concept
drawings for the new building and buffering between the Hospital -Medical and Historical Districts.
A discussion followed between Commissioner Jilka and Mr. Martin regarding a cost
breakdown of Medina Construction's estimate.
Warren Ediger, 116 S. Santa Fe, addressed Mayor Divine's question regarding fencing.
Mr. Ediger then commented on the scenarios presented by the City Staff, and proposed zoning
amendments for the property. He also commented on the efforts that have been made by the applicant
to have the new structure be compatible for the area, the City's estimate, and the City rehabilitation
program.
Page 4
Commission
Action #
05-700 Moved by Commissioner Marrs, seconded by Commissioner Vanier, to overturn the
decision of the Heritage Commission and to grant the demolition permit subj ect to any conditions that
the City Commission deems appropriate based on the findings that the house at 120 W. Prescott has
exceeded it's useful life, not seeing it contributing, or architecturally or historically significant, the
demolition would not have a negative impact on the historic district or the Prescott House and its
Z
environs, and all possible planning has been done to mitigate harm to the historic district and the
w Prescott House and its environs by presentation of plans for replacement construction that would be
compatible.
D
N
A discussion followed by Commissioner Perney, Mr. Gage, and Mr. Andrew regarding the
minimum housing standards, dangerous structures, and maintenance codes. Mr. Andrew clarified that
the City does not have a minimum maintenance code or demolition by neglect provision in the historic
district ordinance.
Commissioner Perney expressed his support in historic preservation and saving heritage,
but was not convinced that the property could be saved and supports Commissioner Marrs' motion.
Commissioner Perney thanked the Heritage Commission for the job they have done.
Commissioner Jilka felt that the Heritage Commission, and City Staff have done a good
job. Commissioner Jilka expressed the need for effective safeguards for demolition by neglect and that
it would not be prudent to rehabilitate the property. Commissioner Jilka noted that in the
Memorandum of Understanding that the hospital has no intention of purchasing any other property
within the historic district and supports Commissioner Marrs' motion.
Greg Bengtson, City Attorney, and Mr. Gage asked Commissioner Marrs for clarification
on "architecturally significance" so it can be applied to future requests.
Commissioner Marrs noted that part of his research on classification of houses, the mixture
of styles and design that has as architectural feature does not make it architecturally significant;
features of a building are * not all that are required to define significance, but that the historical
significance could be determined by an event that has occurred.
Mayor Divine expressed her opposition on Commissioner Marrs' motion. Mayor Divine
continued to explain that heritage needs to be valued and appreciated. She expressed her concerns of
the "domino" effect, as noted by Mr. Marietta, that the demolition would cause. There is a difference
of opinion on the qualifications of the home. She appreciated the work of the Heritage Commission,
the hospital, and the foundation, but wants to be faithful to the effort that has taken place in the
restoration of the houses in the area.
A discussion followed between Commissioner Perney, Mr. Bengtson, Mr. Andrew, and
Mr. Gage regarding placing conditions on the demolition of the house. Mr. Andrew clarified the
applicant is seeking approval of the application which would allow demolition of the structure. The
motion would also be approving the compatibility of the applicant's plan within the historic district.
A discussion followed amongst the City Commission regarding the findings stated in the
motion and placing conditions on the demolition.
Mayor Divine requested that the records reflect that the proposed structure to replace the
house described, will make all necessary accommodations to fulfill the historical district requirements.
05-7004 Moved by Commissioner Marrs, seconded by Commissioner Vanier, to call the question.
Aye: (5). Nay: (0). Motion carried.
Mayor Divine called the question. Aye: (4). Nay: (1) Divine. Motion carried.
(8.7) Award of contract for the Schilling/Water Well Drainage Project, No. 04-1438.
Brad Johnson, City Engineer, explained the project, bids received, and project funding.
Mr. Johnson then responded to Commissioner Perney's question regarding the cost of the gas line
relocation.
05-7005 Moved by Commissioner Marrs, seconded by Commissioner Jilka, to award the contract
for the Schilling/Water Well Drainage, Project No. 04-1438 to Malin Construction Company in the
amount of $166,343.40 and authorize the City Manager to sign the agreement letter with Kansas Gas
Service for the gas line relocation. Aye: (5). Nay: (0). Motion carried.
Page 6
Commission
Action #
1
(8.8) Approve Change Order No. 3 for the Salina Soccer Complex, Project No. 03-1399.
Shawn O'Leary, Director of Public Works, explained the project, project funding, and the
agreement. Mr. O'Leary then responded to Commissioner Vanier's question regarding the cost of
earthwork than has been done to date.
05=700 Moved by Commissioner Jilka, seconded by Commissioner Vanier, to approve Change
Order No. 3 for the Salina Soccer Complex, Project No. 03-1399 with Malm Construction Company
in the amount of $10,998.25. Aye: (5). Nay: (0). Motion carried.
0
(8.9) Approve Change Order No. 1 for the 2005 Latex Modified Slurry Seal, Project No. 05-
1531.
Brad Johnson, City Engineer, explained the project, project funding and the change order.
Mr. Johnson also responded to Mayor Divine's question regarding the transfer of funds and
Commissioner Vanier's question regarding the inclusion of Fairdale Road.
05-700 Moved by Commissioner Jilka, seconded by Commissioner Vanier, to approve Change
Order No. 1 for the 2005 Latex Modified Slurry Seal, Project No. 05-1531 with Ballou Construction
Company in the amount of $27,250.15. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
05-700 Moved by Mayor Divine, seconded by Commissioner Perney, to direct staff to bring back
for City Commission consideration a demolition by neglect ordinance. Aye: (5). Nay: (0). Motion
carried.
05-700c, Moved by Commissioner Perney, seconded by Commissioner Marrs, for staff to bring back
the appropriate changes to the zoning ordinance to allow a platelet center.
A discussion followed between the City Commission, Mr. Andrew, and Mr. Gage
regarding the initiation of the zoning amendment.
Commissioner Perney withdrew his motion.
ADJOURNMENT
05-701 Moved by Commissioner Marrs, seconded by Commissioner Vanier, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 7:08 p.m. a- Q
Donnie D. Marrs, Vice -Mayor
[SEAL]
FST:
unn Elsey, City Clerk
Page 7