MINUTES CITY COMMISSION MEETING TUESDAY, JUNE 5, 2018 7:00 P.M. The Regular Meeting of the City Commission was held at 7:00 p.m. in the City Commission Room. Mayor Linda Morse and Commissioners Michael L. Dodson, Usha Reddi, Wynn Butler, and Jerred McKee were present. Also present were the City Manager Ron R. Fehr, Deputy City Manager Jason Hilgers, Assistant City Manager Kiel Mangus, City Attorney Katharine Jackson, City Clerk Gary S. Fees, 9 staff, and approximately 48 interested citizens. PLEDGE OF ALLEGIANCE Mayor Morse led the Commission in the Pledge of Allegiance. PRESENTATION/RECOGNITION Steve Samuelson, National Flood Insurance Program Specialist, Kansas Department of Agriculture, Division of Water Resources/Floodplain Management, and Andy Megrail, Region VII Community Rating System (CRS) Coordinator, Federal Emergency Management Agency (FEMA), presented a plaque to the City of Manhattan and Chad Bunger, Assistant Director of Community Development, for its advancement to a Level 6 in the Community Rating System. PROCLAMATIONS Mayor Morse proclaimed June 16, 2018, Juneteenth. Blane Hope, Chair, Manhattan Juneteenth Council, and representatives of Juneteenth Committee were present to receive the proclamation. Mayor Morse proclaimed June 18, 2018, 100 th Anniversary of the Manhattan Rotary Club. Vern Henricks, President, Manhattan Rotary Club; John Armbrust, Vice President, Manhattan Rotary Club, and other members of the Manhattan and Konza Rotary Clubs were present to receive the proclamation.
Page 2 Mayor Morse opened the public comments. PUBLIC COMMENTS Mel Borst, 1918 Humboldt Street, stated that to prevent the negative effects of similar to area spot zoning, Manhattan Zoning Regulation 8-302 prohibits further non-conforming area development on undersized lots containing legal area non-conforming structures. Regulation 8-302 also states that if nonconforming area development is approved, minimum property applying set back standards must be observed. He stated that to obtain permission to increase nonconforming building area on an approved nonconforming lot, a Board of Zoning Appeal (BZA) variance approval would need to comply with legal standards and highlighted the conditions of approval. He stated that Zoning Administrators have ignored the intent of the Zoning Regulations by not acknowledging Regulation 8-302. He voiced concern with the actions of the BZA and City Administration, and stated that due process was lacking, neighborhood and community relationships were damaged, and questions about past and future zoning administration performance are being raised. He informed the Commission that he and his spouse, Jan, sought a judicial review in Riley County District Court and provided the outcome of the case being dismissed. He stated that a narrative was provided to the Manhattan Urban Area Planning Board and now to the City Commission. He recommended that the Commission direct the City Manager to correct the behavior of his administration to perform their duties as Zoning Administrators as defined in the Zoning Regulations. He recommended that the neighborhood consensus building policy be removed as it has no legal place in the zoning appeal process and causes needless strain on neighborhood relationships. Finally, he recommended to direct the BZA to be familiar with and act within their bylaws, the Manhattan Zoning Regulations, the due process procedures, and the legal standards necessary to make valid quasi-judicial decisions. Jan Borst, 1918 Humboldt Street, stated that she had some suggestions on what could be done to correct the problem with zoning appeals. She said that she had served on the Manhattan Board of Zoning Appeals (BZA), the Riley County Planning Board, and helped the former City Attorney to create an ordinance establishing the Historic Resources Board. She voiced concerns with the first land use plan and provided examples that impacted the community and older neighborhoods. She referenced the Poyntz Avenue Corridor Study and its purpose. She requested that the Commission ensure that the BZA, a quasi-judicial board, follow their own rules, do a better job to educate the applicants, and to be careful in following the process. She stated that we need to ensure that we are getting good information and making good decisions. She voiced concern that the enforcement people are not allowed to enforce what they currently have because of it and stated that she believed the new plan would result in bigger problems. Hearing no other comments, Mayor Morse closed the public comments.
Page 3 COMMISSIONER COMMENTS Commissioner McKee extended happy Lesbian, Gay, Bisexual, and Transgender (LGBT) Pride Month to everyone and stated that a lot of progress has been made on this issue the last serval years in Manhattan. He said the Human Rights Campaign has an equality index and comparatively to other cities, Manhattan is second in the state of Kansas. He recognized the Manhattan leadership that helped make this happen and said this is something to be proud of. He stated that he attended the Wine in the Wild event on Saturday, June 2, 2018, and congratulated the Sunset Zoo for such a great event. He said that the next event at Sunset Zoo will be the Brew at the Zoo, held on Saturday, August 18, 2018. Commissioner Reddi stated that she visited several small towns in Kansas over the Memorial Day weekend. She said that she was impressed with the beautiful brick streets in these towns and was glad the City went that direction with the bricks on Juliette Avenue. She provided an update on the many activities and events going on in the community and highlighted the pools, the Arts in the Park, the Flint Hills Discovery Center, the Sunset Zoo, the Manhattan Arts Center, the University for Mankind (UFM), and other activities for children and families the community has to offer. Commissioner Dodson recognized the Memorial Day events and said that he visited several cemeteries with nice crowds showing their appreciation to all the veterans. He stated that on June 14, 2018, the half-wall replica of the Vietnam Wall in Washington, D.C., would be coming through Junction City and then through Manhattan and on its way to Wamego to set up the half-wall replica of the Vietnam Wall. He said the wall would be on display from June 14-17, 2018, in Wamego and encouraged those interested to see the exhibit. Mayor Morse said Flag Day will be June 14, 2018, and stated that a Boy Scout Troop would be raising the flags in front of City Hall. She said this is a good reminder to all of us, as is Memorial Day, on how important this is. She reiterated the many activities occurring in the community and stated all three pools were open. CONSENT AGENDA (* denotes those items discussed) MINUTES The Commission approved the minutes of the Regular held Tuesday, May 15, 2018. CLAIMS REGISTER NO. 2884 The Commission approved Claims Register No. 2884 authorizing and approving the payment of claims from May 9, 2018, to May 29, 2018, in the amount of $3,591,067.69.
Page 4 CONSENT AGENDA (CONTINUED) LICENSE The Commission approved an annual Cereal Malt Beverages Off-Premises License for Short Stop #12, 2010 North Tuttle Creek Boulevard. ORDINANCE NO. 7355 AMEND PARKING RESTRICTIONS IN AGGIEVILLE The Commission approved Ordinance No. 7355 amending Section 31-52 of the Code of Ordinances modifying the three-hour parking lots in Aggieville located on the north side of Laramie Street west and adjacent to 12 th Street; on the west side of North Manhattan Avenue north and adjacent to Laramie Street; on the south side of the 1200 block of Bluemont Avenue; and on the north side of 1100 block of Moro Street from three to two hours, and Section 31-51 of the Code of Ordinances adding Laramie Street from 11 th Street to 14 th Street to the two hour parking restrictions, all effective October 1, 2018. FIRST READING AMEND NO PARKING AT ANY TIME The Commission approved first reading of an ordinance amending Section 31-54 of the Code of Ordinances establishing No Parking At Any Time on both sides of Westview Drive from Anderson Avenue south 60 feet and on the north side of Grandview Drive beginning at the west back-of-curb of its intersection with Sunset Avenue to its intersection with Wickham Road. FIRST READING AMEND YELLOW PARKING PERMIT ZONE The Commission approved first reading of an ordinance amending Section 31-129 of the Code of Ordinances prohibiting parking 2 a.m. 9 a.m. in the Yellow Zone at specific locations on Westview Drive, Oakdale Drive, Edgerton Avenue, Wickham Drive, Grandview Drive, and Meadowmere Court. FIRST READING INSTALL YIELD SIGNS WINNE DRIVE AT RANSER ROAD The Commission approved first reading of an ordinance authorizing the installation of Yield signs on Winne Drive at the east and westbound intersection of Ranser Road. FIRST READING INSTALL STOP SIGNS BELLERIVE DRIVE AT PLAYERS TERRACE The Commission approved first reading of an ordinance authorizing the installation of Stop signs on Bellerive Drive at the north and southbound intersection of Players Terrace.
Page 5 CONSENT AGENDA (CONTINUED) RESOLUTION NO. 060518-A ESTABLISH FOOD AND FARM COUNCIL The Commission removed the item from the table and approved Resolution No. 060518-A authorizing the establishment of a Food and Farm Council for Riley County and Manhattan. RESOLUTION NO. 060518-B PETITION BROWNING AVENUE AND KELLY DRIVE STORM SEWER IMPROVEMENTS (SM1807) The Commission found the petition sufficient and approved Resolution No. 060518-B, finding the project advisable and authorizing construction for the Browning Avenue and Kelly Drive Storm Sewer Improvements (SM1807). RESOLUTION NO. 060518-C INITIATE EMINENT DOMAIN SOUTH 17 TH STREET, BETWEEN HOUSTON STREET AND PIERRE STREET, SANITARY SEWER IMPROVEMENTS (SS1204) The Commission approved Resolution No. 060518-C declaring it is necessary to acquire the subject easement on the property of 1724 Pierre Street by the power of eminent domain for the South 17 th Street, between Houston Street and Pierre Street, Sanitary Sewer Improvements (SS1204) project, and directed staff to complete and file a survey of the necessary easement. REQUEST FOR PROPOSALS REAL ESTATE BROKER SERVICES LEE MILL VILLAGE LOTS The Commission authorized City Administration to solicit a Request for Proposals for real estate broker services at Lee Mill Village. CONTRACT AMENDMENT NO. 1 PROFESSIONAL ENGINEERING SERVICES KIMBALL AVENUE WIDENING, FROM HUDSON AVENUE TO VANESTA DRIVE (ST1715) The Commission authorized the Mayor and City Clerk to execute Contract Amendment No. 1 with Schwab-Eaton, of Manhattan, Kansas, in an amount not to exceed $19,235.00, for professional design services for the Kimball Avenue widening, from Hudson Avenue to Vanesta Drive (ST1715). CONTRACT AMENDMENT NO. 1 PROFESSIONAL ENGINEERING SERVICES AGGIEVILLE INFRASTRUCTURE ANALYSIS (SP1703) The Commission approved and authorized the Mayor and City Clerk to execute Contract Amendment No. 1 with Olsson Associates, of Manhattan, Kansas, in an amount not to exceed $441,850.00 for professional engineering services for Phase II, Streetscape, Traffic Flow and Public Infrastructure of the Aggieville Infrastructure Analysis (SP1703).
Page 6 CONSENT AGENDA (CONTINUED) AWARD CONTRACT - 2018 HYDRANT AND VALVE REPLACEMENT PROJECT (WA1801) The Commission awarded a construction contract in the amount of $74,150.00 (Base Bid in the amount of $61,450.00 and Bid Alternate in the amount of $12,700.00) to the lowest bidder, J & K Contracting, L.C., of Junction City, Kansas, and authorized the Mayor and City Clerk to execute the construction contract for the 2018 Hydrant and Valve Replacement project (WA1801), with the project to be paid from the Water Fund. REJECT BID - BLUEMONT AVENUE/TUTTLE CREEK BOULEVARD PEDESTRIAN CROSSING (SP1606) The Commission accepted the Engineer s Opinion of Probable Cost in the amount of $141,776.13; rejected the one bid received by Wildcat Concrete Services, Inc., of Topeka, Kansas, in the amount of $262,278.75; and authorized City Administration to rebid the Bluemont Avenue/Tuttle Creek Boulevard Pedestrian Crossing (SP1606) project at a later date. AGREEMENT - GRANT FUND ADVANCE - FLINT HILLS REGIONAL COUNCIL The Commission authorized Mayor and City Clerk to execute a Grant Fund Advance Agreement in the amount of $404,519.00 with the Flint Hills Regional Council for the Joint Land Use Study (JLUS) Implementation Grant. PURCHASE - SEWER MAINTENANCE DIVISION UNIT #155 - NEW COMBINATION JET/VACUUM TRUCK (CIP #WW056E) The Commission authorized the sole source purchase, utilizing the City s membership in the National Joint Powers Alliance (NJPA), of a New Combination Jet/Vacuum Truck (CIP #WW056E) for the Sewer Maintenance Division, to replace Unit #155, from Key Equipment & Supply Company, of Kansas City, Kansas, in the amount of $396,667.00, to be paid from the Wastewater Fund; and allowed for retention of the old unit as a backup/provision of auxiliary services. * PURCHASE - PARKS DIVISION UNIT #774 - TORO 3280 MOWER (CIP #CP277E) Ron Fehr, City Manager, responded to questions from the Commission regarding the sole source purchase. He provided background information on equipment requirements, staff training considerations, and the ability to utilize pricing through the National Joint Powers Alliance.
Page 7 CONSENT AGENDA (CONTINUED) * PURCHASE - PARKS DIVISION UNIT #774 - TORO 3280 MOWER (CIP #CP277E) (CONTINUED) The Commission authorized the sole source purchase, utilizing pricing through the National Joint Powers Alliance (NJPA), of a Toro 3280 mower for the City Parks Division for replacement of Unit #774 (CIP #CP277E) from Professional Turf Products, L.P., of Lenexa, Kansas, in the amount of $30,868.26, to be paid from the General Fund. BOARD APPOINTMENTS The Commission approved the following appointments by Mayor Morse to various boards and committees of the City. Airport Advisory Board Re-appointment of Scot Bird, Building 1502 B Street, Fort Riley, to a three-year Fort Riley term. Mr. Bird s term will begin June 27, 2018, and will expire on June 26, 2021. Re-appointment of Carl Reed, 2805 Tatarrax Drive, to a three-year Pottawatomie County term. Mr. Reed s term will begin June 27, 2018, and will expire on June 26, 2021. Housing Appeals Board Re-appointment of Allyn Weddle, 2009 Danbury Court, to a three-year term. Mr. Weddle s term will begin July 1, 2018, and will expire on June 30, 2021. Re-appointment of Eric Neilson, 1709 Little Kitten Avenue, to a three-year term. Mr. Neilson s term will begin July 1, 2018, and will expire on June 30, 2021. Human Rights and Services Board Re-appointment of Stan Morgan, 2112 Buckner Drive, to a three-year term. Mr. Morgan s term begins immediately and will expire March 9, 2021. Parks and Recreation Advisory Board Appointment of Elaine Johannes, 2500 Nutmeg, to fill the unexpired term of Brian Thomason. Ms. Johannes term begins immediately, and will expire June 30, 2019. Appointment of Sue Maes, 428 Wickham Road, to a four-year term. Ms. Maes term will begin July 1, 2018, and will expire June 30, 2022.
Page 8 CONSENT AGENDA (CONTINUED) BOARD APPOINTMENTS (CONTINUED) Special Alcohol Funds Advisory Committee Re-appointment of Keith Weber, 1004 North Mill Point Circle, to a three-year term. Mr. Weber s term will begin July 1, 2018, and will expire June 30, 2021. Mayor Morse opened the public comments. Hearing no comments, Mayor Morse closed the public comments. After discussion and comments from the Commission, Commissioner Reddi moved to approve the consent agenda. Commissioner Dodson seconded the motion. On a roll call vote, motion carried 5-0, with the exception of Item F, RESOLUTION NO. 060518-A ESTABLISH FOOD AND FARM COUNCIL, which carried 4-1 with Commissioner Butler voting against the item. GENERAL AGENDA FIRST CONSIDERATION - ECONOMIC DEVELOPMENT APPLICATION - ULTRA ELECTRONICS ICE, INC. Trent Armbrust, Director, Economic Development, Manhattan Area Chamber of Commerce, introduced the item and the history of corporation. Randy O Boyle, President, Ultra Electronics ICE, Inc., presented background information on the partnership with the City of Manhattan, current facility and growth experienced in Manhattan. He informed the Commission that he appreciated the efforts of the City and the Manhattan Area Chamber of Commerce to help work through this process. He provided information on the parent company and options to move near the existing Ultra facility in Austin, Texas. He stated that he was pleased that his company is growing and would like to grow in Manhattan. Trent Armbrust, Director, Economic Development, Manhattan Area Chamber of Commerce, presented additional information on their current facility, opportunity to expand the business, and a summary on the company s economic development fit. Jason Hilgers, Deputy City Manager, presented information on the economic development proposal, funding criteria for base wage structure, community investment, community fit, benefits, and final scoring based on funding criteria. He highlighted the proposed incentive package, performance grant, capital investment requirements, job projections, wage
Page 9 GENERAL AGENDA (CONTINUED) FIRST CONSIDERATION - ECONOMIC DEVELOPMENT APPLICATION - ULTRA ELECTRONICS ICE, INC. (CONTINUED) structure, annual accountability provisions, and independent financial review that was performed by Springsted, Inc. He presented the cost/benefit analysis for the City of Manhattan, Riley County, USD 383, and the State of Kansas. He also provided a summary on property taxes that would be generated with the construction of the new building on Lot 12 in the Manhattan Business Park. He responded to questions from the Commission regarding how the remaining specials would be paid and presented a map of the Manhattan Business Park and highlighted the location of Lot 12. He informed the Commission that second consideration of the item would occur at the June 19, 2018, City Commission meeting. Mayor Morse opened the public comments. Hearing no comments, Mayor Morse closed the public comments. After discussion and comments from the Commission, Commissioner Butler moved to authorize City Administration to set second consideration of the Ultra-ICE economic development incentive application and agreement for June 19, 2018. Commissioner McKee seconded the motion. On a roll call vote, motion carried 5-0. FIRST READING - ANNEX AND REZONE - HESPENHIDE HILLS (RILEY COUNTY AG, AGRICULTURAL DISTRICT, TO R, SINGLE-FAMILY RESIDENTIAL DISTRICT) Chad Bunger, Assistant Director of Community Development, presented an overview of the item. He highlighted the location of the subject property and map of the area. He then responded to questions from the Commission regarding notifications, utilities and the subject area to be annexed and rezoned. Brian Johnson, City Engineer, responded to questions from the Commission regarding the Seth Child Corridor Plan and potential impacts. He also highlighted future considerations with the Marlatt Avenue intersection. Mayor Morse opened the public comments. Hearing no comments, Mayor Morse closed the public comments. Commissioner McKee moved to approve first reading of an ordinance annexing Hespenhide Hills, a 7.51 acre tract, generally located near the intersection of Marlatt Avenue and Tatarrax Drive, to the east of Marlatt Avenue and to the north and south of Tatarrax Drive,
Page 10 GENERAL AGENDA (CONTINUED) FIRST READING - ANNEX AND REZONE - HESPENHIDE HILLS (RILEY COUNTY AG, AGRICULTURAL DISTRICT, TO R, SINGLE-FAMILY RESIDENTIAL DISTRICT) (CONTINUED) based on conformance with the Manhattan Urban Area Comprehensive Plan, the Growth Vision, and the Capital Improvements Program, and based on the recommendation of the Planning Board; and approve first reading of an ordinance rezoning the Hespenhide Hills, a 7.51 acre tract, generally located near the intersection of Marlatt Avenue and Tatarrax Drive, to the east of Marlatt Avenue and to the north and south of Tatarrax Drive from Riley County AG, Agricultural District, to R, Single-Family Residential District, based on the findings in the Staff Report (See Attachment No. 1), and the recommendation of the Manhattan Urban Area Planning Board Planning Board. Commissioner Butler seconded the motion. On a roll call vote, motion carried 5-0. RECONSIDER KDOT DONATION - VMI TRACT Eddie Eastes, Director of Parks and Recreation, provided clarification why this item is being reconsidered and highlighted comments from the neighborhood public meeting. He presented background information on the VMI Tract and highlighted a map of the VMI Tract identified in the 2015 Manhattan Urban Area Comprehensive Plan and the 2013 Eureka Valley Plan. He addressed the comments and concerns from the February 2018 Commission meeting regarding the potential for increased traffic through the Scenic Meadows neighborhood, the annual cost to maintain the property and control noxious weeds present on the site, and the demolition of the existing structures. He highlighted the recreation opportunity to use the 99 acres of open space for public use and trail development to be determined through a public master plan process. He presented maps showing a conceptual trail system, site detail, and informed the Commission that the VMI Tract fills a critical gap of connectivity to existing neighborhoods and parks. He informed the Commission that City Administration recommends the Commission accept the VMI Tract land donation for public use from the Kansas Department of Transportation and authorize Administration to complete the land transfer. He then responded to questions from the Commission regarding current and future access. Mayor Morse opened the public comments. Richard Britt, owner, Britt s Farm, 828 South Scenic Drive, asked what kind of equipment the City was planning to use to spray the property for noxious weeds and how they were planning to access the property. He asked questions about pedestrian and vehicular access through the neighborhood. He stated that he would work with the City in the future for a trail and did not see why the City should acquire the 99-acre tract and then mow and maintain the property. He said this property has been in the possession with the State of Kansas for a long time and is in horrible shape. He discussed access to the City s pump station, asked about the recent fire on the property, and voiced concern with people and equipment going across private property.
Page 11 GENERAL AGENDA (CONTINUED) RECONSIDER KDOT DONATION - VMI TRACT (CONTINUED) Caitlin Reddy, 901 Bramblewood Lane, stated that she spoke at the February 2018 City Commission meeting and informed the Commission that her backyard looks into the open space. She voiced concern with the potential of increased traffic in the neighborhood for both pedestrian and vehicular. She asked if any of the Commissioners have been to the site or through the neighborhood. She stated that increased traffic is not something the cul-desac is interested in and the neighborhood shares similar concerns. Aaron Conti, 901 Bramblewood Lane, informed the Commission that he was in Germany when this issue came up in February. He stated the lack of good communication, notification and transparency was a major concern in the beginning. He provided information on the make-up of the neighborhood and the proposed use of the tract of land for open public space. He encouraged the City to work with the neighborhood on possible pedestrian access points and where potential parking would be as well as voiced concerns with the potential of multiple phases in the future with this project. Aaron Apel, 321 Ridge Drive, local entrepreneur, informed the Commission that the City needs to do what is best for the Manhattan community at large. He stated that parks do not bring money directly to the city, but by bringing people into Manhattan, makes us money. He highlighted his new company and stated that he has been advocating for trails for over a decade. He said these types of trail and park amenities will attract people and business to the community and help drive the workforce. He voiced support for the VMI Tract proposal and the opportunity to create connectivity to other parks and neighborhoods. Hearing no other comments, Mayor Morse closed the public comments. Commissioner McKee commented on the item and prior discussion at the City Commission meeting in February 2018. He stated that he did not want to acquire land without knowing the associated costs. He said that he appreciated the additional research and presentation. He stated that he would not support vehicular access to this site from the neighborhood. Ron Fehr, City Manager, and Scott French, Director of Fire Services, responded to questions from the Commission regarding accessibility to the site. Brian Johnson, City Engineer, provided a map of the subject site and existing plat showing access of a 20-foot utility easement to the VMI Tract. Ron Fehr, City Manager, provided additional information regarding accessibility to the site and considerations as part of a future master plan process.
Page 12 GENERAL AGENDA (CONTINUED) RECONSIDER KDOT DONATION - VMI TRACT (CONTINUED) Commission Butler voiced support for the proposal. He discussed the VMI Tract and future use as green space. He said he did not support driving through the neighborhood to access the site. He stated it would take time to develop the trails with the sales tax proceeds and was comfortable with the master plan idea. Brian Johnson, City Engineer, responded to questions from the Commission. He stated the City has discussed with KDOT the need for temporary access and highlighted the encumbrances already on the property. He elaborated the restrictions on the VMI Tract and stated that this tract must remain a public use and cannot be sold to a private developer in the future. After discussion and comments from the Commission, Eddie Eastes, Director, Parks and Recreation, and Wyatt Thompson, Assistant Director, Parks and Recreation, responded to additional questions from the Commission. They stated that if the City acquired the property, there would need to be a master plan process to help identify what residents would like to see and would work with the neighborhood and residents regarding use and trail connectivity. Commissioner Reddi stated that it is not often that she goes back on a previous vote already made. However, she said that once provided additional information, sometimes it is good to have the opportunity to re-evaluate. She stated that she was more favorable that this proposal is in the best interests of the community. Commissioner Dodson discussed capacity of and access to the site. He stated that he walked the site and shared his observations. He said that parks are about a shared community experience and if we took the approach that nobody could come through my neighborhood to go to a park, we would not have any parks. He voiced support to accept the 99-acre tract and the long term opportunity this provides to the City. Mayor Morse stated this kind of opportunity would not come again and did not want to give up free land. She said that she supported the donation of land in February and voiced support to accept the donation of land for the 99-acre tract. She wanted to ensure that the City only does the minimum requirements on this tract of land and continues to focus on other park improvements. After additional discussion and comments from the Commission, Commissioner Butler moved to accept the land donation of the VMI Tract, located on the north side of Highway K-18, immediately east of the Scenic Meadows subdivision, for public use from the Kansas Department of Transportation, and authorize City Administration to complete the land transfer. Commissioner Dodson seconded the motion. On a roll call vote, motion carried 5-0.
Page 13 GENERAL AGENDA (CONTINUED) At 9:20 p.m., the Commission took a ten-minute recess. FIRST READING - FRANCHISE AGREEMENT - COX WIRELESS ACCESS, L.L.C. COMMUNICATIONS Kiel Mangus, Assistant City Manager, presented an overview of the item. He highlighted the proposed franchise agreement and examples of small cell and strand-mounted installations. He responded to questions from the Commission regarding the permitting process and coordination with the provider. Brian Johnson, City Engineer, provided examples in working with other providers between himself and the City Forester. Kiel Mangus, Assistant City Manager, provided additional information on the item. He responded to questions from the Commission regarding the possibility to co-locate on existing utility poles, the percentage lease that the City of Manhattan would receive, and the fiber lines located in the rights-of-way. Eric Berry, Director of Business Development for Small Cells, Cox Communications, informed the Commission that their company is providing supplemental carrier capacity and will continue to work with other utility companies. He stated that Cox has done this type of work in three different states and this agreement will augment capacity in the community. He also provided information on the franchise revenues. He responded to questions from the Commission regarding interactions with existing utility boxes and expanded technology for current and future residents. Mayor Morse opened the public comments. Hearing no comments, Mayor Morse closed the public comments. After discussion and comments from the Commission, Commissioner Butler moved to approve first reading of an ordinance authorizing a competitive infrastructure provider and telecommunications services franchise with Cox Wireless Access, LLC. Commissioner Dodson seconded the motion. On a roll call vote, motion carried 5-0. RESOLUTION NO. 060518-D - POLICY - COMMUNITY IMPROVEMENT DISTRICT (CID) Jared Wasinger, Assistant to the City Manager, presented an overview of the item. He highlighted the Community Improvement District (CID) Act and proposed policy provisions.
Page 15 Attachment No. 1 Staff Report Community Development To: From: REZONING AMENDMENT Hearing Date: May 7, 2018 Re: Applicant: Property Owner: Property Address: Total Area: Manhattan Urban Area Planning Board Carol Davidson, CFM, CPM, Senior Planner To rezone Lots 1-3 of the Hespenhide Hills final plat from Riley County AG, Agricultural District to R, Single Family Residential District in the City of Manhattan. Doug and Ruth Parker Doug and Ruth Parker Generally located near the intersection of Marlatt Avenue and Tatarrax Drive, to the east of Marlatt and to the north and south of Tatarrax. 7.51 acres Date of Neighborhood Meeting: February 13, 2018 Date of Public Notice Publication: April 16, 2018 Date of City Commission: First Reading:
Page 16 Attachment No. 1 BACKGROUND Doug and Ruth Parker have recently purchased an unplatted 7.51 acre strip of land from Kansas State University, located along the eastside of the intersection of Marlatt Road and Tatarrax Drive. This piece of land is currently part of Riley County, but the Parkers would like to annex this land into the City, and rezone it to a proper City zoning designation and subdivide the land.
Page 17 Attachment No. 1 The Parkers would like to develop the land as follows. For Lot 1, which is located to the north of Tatarrax Drive, the Parkers do not have plans to develop on this land. This lot is contiguous to the Parker s lot at 2920 Tatarrax Drive, and they would like to keep it in its natural state. The Parkers would also like to keep Lot 2, which is located to the south of Tatarrax Drive, in its natural state. There is a landscaped entrance into the Tatarrax Hills Subdivision, and the Parkers would like to keep this landscaped area as it is now, uninterrupted by driveways. Lot 3 is south of Lot 2, and the Parkers would like to sell this lot for the purpose of developing a single-family home. Refer to case ANX-18-015 for the proposed annexation of this property. Refer to case SUB-18-016 for the concurrent preliminary and final plat of this property. REVIEW OF MATTERS TO BE CONSIDERED AND STAFF FINDINGS The following items will help to determine if the specific property is suitable for the rezoning request. (These are the 13 matters to consider when rezoning as found in Article 15-403 (A)). 1. The Existing Use of the Property The property is vacant undeveloped land. Staff Finding The property is vacant and undeveloped; therefore, there is no current use on these properties. 2. The Physical and Environmental Characteristics of the Property The overall land area is quite rugged with many elevation changes over the course of the land running north to south, with the flattest area located around Tatarrax Drive.
Page 18 Attachment No. 1 The land is also heavily wooded with deciduous and evergreen trees and shrubs. Despite the elevation changes, none of the area are located within the Special Flood Hazard Area and therefore do not require any extra floodplain measures. Staff Finding The land is rugged and heavily wooded. 3. The Zoning and Land Uses of Nearby Properties North South County: D-2, Light Industrial District City: R, Single-Family Residential District East West City: R, Single-Family Residential District County: SF-1, Single Family Residential District City: R, Single-Family Residential District County: AG, Agricultural District The surrounding land uses are either single-family homes or vacant. Staff Finding The surrounding zoning is comprised of residential and agriculture zones, including one light industrial zone. The existing land uses of nearby properties are residential or vacant. 4. The Suitability of the Subject Property for the Land Uses to which it is Restricted Under Current Zoning The existing zoning of the property is the Riley County zoning designation of AG, Agricultural District. This zoning designation is not valid as a Manhattan designation and must be rezoned to a suitable zone. The applicants have chosen the R, Single- Family Residential District. This district is suitable for this property and its intended use as open space and a single-family residence.
Page 19 Attachment No. 1 Staff Findings The property is suitable for land uses within the existing County designation of AG, Agricultural District, as long as the land remains in Riley County. However if the proposed annexation is approved, rezoning the site to the R, Single-Family Residential District is the most suitable for the intended use of open space and a single-family dwelling. 5. The Character of the Neighborhood The neighborhood consists of single-family residential development. To the north, northeast and west, the area is rural by nature with much of the land undeveloped. Staff Findings The neighborhood is characterized by rural single-family residential development with undeveloped land surrounding the northern portion of the property. 6. The Compatibility of the Proposed Zoning District with Nearby Properties and the Extent to which it may Detrimentally Affect Those Properties The R District is a single-family residential district with the requirement of no less than 10,000 square foot lots. This rezoning request will add three lots to this residential district. The R, Single-family Residential District is compatible with the surrounding properties and this rezoning request should not detrimentally affect these nearby properties. Staff Findings The proposed R District is compatible with the nearby properties, and there should be no detrimental effects on these properties. 7. The Conformance of the requested change to the adopted Comprehensive Plan for the City of Manhattan (If the Proposed Amendment is in Accordance with said Comprehensive Plan, it shall be Presumed to be Reasonable.)
Page 20 Attachment No. 1 Subject The Future Land Use map of the Manhattan Area Comprehensive Plan shows this area as Residential Low to Medium Density. Chapter 3: A Coordinated and Efficient Pattern of Growth provides land use policies for this designation. The location, circulation and access of this property does align with the policy guidance for the Residential Low to Medium Density land use. Staff Findings The proposed amendment to rezone the three properties conforms to the Future Land Use Map and the Land Use Policies of the Comprehensive Plan. 8. The Zoning History of the Subject Property and Length of Time it has Remained Vacant as Zoned This land area is currently vacant and in Riley County. It is zoned Agricultural, and there is no project history for this plat. Staff Findings There is no zoning history for this plat. It is zoned Agricultural and is in Riley County. The land is vacant, and appears to never have been developed. 9. Whether the Proposed District would be Consistent with the Intent and Purpose of these Regulations The intent and purpose of the Zoning Regulations is to protect the public health, safety, and general welfare; regulate the use of land and buildings within zoning districts to assure compatibility; and to protect property values. Rezoning these parcels to the R, Single-Family Residential District will not harm the public health, safety, and general welfare. And the proposed district is consistent with these stated intents and purposes.
Page 21 Attachment No. 1 Staff Findings The proposed R district is consistent with the intent and purpose of the zoning ordinance. 10. The Relative Gain to the Public Health, Safety and Welfare that a Denial of the Proposed Amendment Would Accomplish, Compared with the Hardship Imposed upon the Individual Owner that would result from such Denial There would be no gain to public health, safety and welfare if this request is denied; the public health, safety and welfare would remain the same as it is now. However, if this request is denied, these properties will not be able to be developed to their full potential. As a county agricultural zoning district, they would not be able to be developed due to the substandard size of the land; therefore, it would deny the owner the use of these properties. Staff Findings There would be no relative gain to the public if this request is denied, and the owner would be denied use of their property. 11. Whether Adequate Sewer and Water Facilities, Streets and other Needed Public Services Exist, or can be Provided to Serve the Uses that would be Permitted by the Proposed Zoning District Public utilities currently are available to this site. In addition, there are existing streets and other public services that are sufficient to serve this location. Staff Findings Adequate sewer and water facilities, streets and other necessary public services currently exist to serve all permitted uses within the proposed district that could be developed on the site. 12. Such Additional Matters as may Apply in Individual Circumstances There are no other applicable factors. 13. The Recommendation of Permanent or Professional Staff For this rezoning request, staff finds the properties are suited for the proposed R District. This project is located at the northern limits of the City, and due to the rural character of the neighborhood, it is appropriate for the R, Single-Family Residential District.
Page 22 Attachment No. 1 Staff s Conclusion Based on the findings found in this Staff Report, City Administration recommends approval of the proposed rezoning of the Hespenhide Hills Subdivision from Riley County AG, Agricultural District to the R, Single-Family Residential District. ALTERNATIVES 1. Recommend approval of the proposed rezoning of the Hespenhide Hills Subdivision from Riley County AG, Agricultural District to the R, Single-Family Residential District stating the findings for such recommendation. 2. Recommend denial of the proposed rezoning, stating the specific findings for denial. 3. Table the proposed rezoning to a specific date, for specifically stated reasons. POSSIBLE MOTION The Manhattan Urban Area Planning Board recommends approval of the proposed rezoning of the Hespenhide Hills Subdivision from Riley County AG, Agricultural District to the R, Single-Family Residential District based on the findings in the Staff Report. Prepared by: Carol Davidson, CFM, CPM, Senior Planner of the Community Development Department Date: April 30, 2018 Enclosures: Application Packet Future Land Use Map R Zoning Regulations