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04-15-2002 Minutes - OrganizationalCommission Action # 02-32431 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS April 15, 2002 4:00 p.m. The City Commission convened at 2:30 p.m. in Study Session for a Solid Waste Issues and Planning discussion. 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. There were present: Mayor Kristin M. Seaton, Chairman presiding Commissioner Deborah P. Divine Commissioner Don Heath Commissioner Alan E. Jilka Commissioner Monte D. Shadwick comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Lieu Ann Nicola, City Clerk None. CITIZEN FORUM Kent Gibson, 357 W. Jewell, commented on the smoking issue. Mayor Seaton informed Mr. Gibson that the topic would be discussed later in the meeting and he may comment then. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of April 8, 2002. (6.2) Authorization to purchase personal computers in the unit amount of $795.70 and monitors in the unit amount of $134.00 from Computers & Accessories. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Certification of final cost for 2000/2001 special assessment projects and setting the public hearing date of proposed assessments. Commission Action # Consdga�el5allna 02- 02-32451 02-3246 (8.1a) First reading Ordinance No. 012-10075 levying special assessments for paying a portion of the cost of certain improvements. Shawn O'Leary, Director of Engineering and General Services, explained the certification of the projects, cost breakdown, and outlined upcoming dates. Moved by Commissioner Divine, seconded by Commissioner Heath, to set Monday, May 6, 2002 as the date of the public hearing on the proposed assessments and instruct the City Clerk to publish a notice of public hearing and to mail a notice of public hearing to each property owner in the improvement districts. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to pass Ordinance No. 02-10075 on first reading. Aye: (5). Nay: (0). Motion carried. (8.2) Amend the 2002 Buildings and Facilities Plan, Sub C.I.P. to include the purchase and installation of irrigation pumps for the Municipal Golf Course from Midwest Pump and Control, Inc. in the amount of $24,790. Steve Snyder, Director of Parks and Recreation, explained the current system and the requested purchase. Mr. Snyder also responded to Commissioner Divine's question regarding the future use of the wells located near Bill Burke Park. Moved by Commissioner Divine, seconded by Commissioner Heath, to amend the 2002 Buildings and Facilities Plan, Sub C.I.P. to include the purchase and installation of two pumps for the Salina Municipal Golf Course from Midwest Pump and Control, Inc. in the amount of $24,790. Aye: (5). Nay: (0). Motion carried. (8.3) Consideration of options related to regulating smoking in restaurants (Ordinance No. 02-10077). Dennis Kissinger, City Manager, outlined events taken place to date, components of the proposed ordinances, and City Commission action alternatives. Mr. Kissinger responded to Mayor Seaton's questions regarding the seating threshold, monitoring food sales threshold, and number of votes to pass the ordinance on first and second readings. Mr. Kissinger also responded to Commissioner Heath's inquiry regarding separate designated smoking areas and Commissioner Shadwick's questions regarding seating threshold and the time -of -day exception. A discussion followed with Mr. Kissinger, Deputy City Manager Michael Morgan, Commissioner Divine and Commissioner Jilka regarding current ventilation standards. Mr. Kissinger then responded to Commissioner Shadwick and Commissioner Jilka's questions regarding enforcing the ordinance and the Bicentennial Center being nonsmoking. Herman Wiesner, 916 Park Street, expressed his opposition toward the ordinance and felt that the business owner should have the right to decide. Roger Naylor, 2057 Melanie Lane, expressed his opposition toward the ordinance, but felt that the coalition was advocating a noble cause and was a health issue. He also expressed that it should be the business owner's right to decide. Garrin Nolin, 1819 Glendale Road, owner of Coach's Grill and Bar, expressed his opposition toward the ordinance and felt that he should be able to decide. Rosalee Ottaway, 129 W. Ellsworth, expressed her support toward the ordinance because it was difficult for her to enter a restaurant with smoking. ordinance. ordinance. Shelby Rouse, student from Oakdale Elementary, expressed her support towards the Carrigan Tanner, student from Oakdale Elementary, expressed her support toward the Commission Action # Gretchen Meinhardt, 806 E. Minneapolis, thanked the City Staff for their research on the issue, expressed her support towards the ordinance option 1 and read from an article published in the National Restaurant News. Taylor Stordon, 848 Sheridan, expressed his opposition towards the ordinance. Abby Braasch, 2109 Pheasant Lane, employee of Coach's, expressed her opposition toward the ordinance and noted that employees are given a choice of working in a smoking or nonsmoking section of the establishment. Nicole Bogart, 411 Putnam, questioned funding assistance for privately owned establishments regarding possible changes of enclosed smoking areas. Kent Gibson, 357 W. Jewell, expressed his opposition toward the ordinance and that the business owner should be able to determine smoking or nonsmoking. He also expressed that the coalition should be educating grade school children on the health issue. Jill Neederhouser, 414 Oak Street, Solomon, expressed her support toward passing of option 1 of the ordinance of keeping children healthy, by keeping them away from second hand smoke and thanked the City Commission for their time in considering the issue. Bob Sprecker, 2129 Hageman, expressed his opposition toward the ordinance and that government should not dictate where people can and cannot smoke. Robert Gerlman, 702 N. Fourth Street, expressed his opposition toward the ordinance and that the restaurant owner should be able to decide whether or not people can or cannot smoke in their facility. Dr. Trent Davis, 2145 Hillside Drive, expressed support for the ordinance and felt when a public safety issue is involved that the government needs to regulate. Dr. Davis also noted recent health violations listed in the newspaper and commented that second hand cigarette smoke effects employees and patrons unwillingly. James (last name unknown), 1914 N. Seventh Street, expressed his opposition toward the ordinance. Mike Wilson, 422 Jupiter, questioned Mr. Kissinger as to whether the ordinance was directed for the safety of patrons or employees. Mr. Wilson also expressed his opposition toward the ordinance and disliked using tax money to study the issue. Shelly Towne, 2624 Bret Avenue, expressed her opposition toward the ordinance and had submitted a petition of names to the City. She also expressed that the property owner's should be able to decide. Del Meier, 2822 Bret Avenue, thanked the Commissioners for taking the time to consider this issue. She expressed that second hand smoke is a serious public health issue and the obligation to protect the public. Ms. Meier also summarized the grant received by Central Kansas Foundation that funded the program and other programs. Morea Charat, 2606 Plantation Drive, expressed her support toward the option 1 of the purposed ordinances. Jake Loden, American Cancer Society, thanked the Commission for the consideration of the ordinance and expressed his support. Tyson Heaton, 2742 Bret, commented that many restaurants are smoke free so patrons have a option to choose, commended the coalition for the educating of children, and expressed his opposition toward the ordinance. Richard Straton, 2139 Nottingham, expressed support of the ordinance and suggested that smoking should be restricted at least 25 feet from the entryway. Commission Action # 02-324 Dennis Carpenter, Restaurant and Hospitality Association, expressed that the organization did not advocate smoking or nonsmoking, but advocate the business owner's right to make the decision. He also noted that different types of restaurants have a different percentage of smokers and restaurants must accommodate their patrons. Sue Henke, American Lung Association, thanked the City Commission for considering the issue and expressed her support toward the ordinance Jeff Caney, Manager with Bosselman Truck Plaza, expressed concerns of singling out restaurants for a public health issue and that the ordinance would decrease revenue. Frank Jorner, North Dakota, expressed his support towards the ordinance. Mike Murray, 148 Taft Court, expressed his opposition towards the ordinance. Edward Gilmore, 2031 S. Fourth Street, expressed his support towards the ordinance. Barry Weis, 504 Sunset, explained that the smoking ban in restaurants was a tough issue, and his support of option 1 of the ordinance, but was against the time -of -day exception. Karen Couch, nurse with Salina Regional Health Center, commented on current ventilation standards and expressed her support toward option 1 of the ordinance. Kathy Murray, 148 Taft Court, expressed her opposition toward passing the ordinance. Mr. Carpenter responded to Commissioner Jilka's inquiry regarding the California Restaurants Association favoring the ban of smoking in restaurants. Mayor Seaton closed the discussion and announced that the City Commission was going to recess for five minutes and reconvene at 6:20 p.m. The City Commissioner reconvened at 6:20 p.m. Mayor Seaton expressed her appreciation to City Staff for all their work. Commissioner Shadwick and Commissioner Heath expressed their appreciation toward City Staff for their work and their opposition toward passing the ordinance. Commissioner Divine expressed her support toward the ordinance. Moved by Commissioner Divine to pass the draft ordinance 1 of the purposed ordinance on first reading. Mayor Seaton summarized the ordinance. Commissioner Jilka asked Commissioner Divine to withdraw her motion, until he commented on the matter. Commissioner Divine withdrew the motion. Commissioner Jilka commented on the public mutual respect toward the issue, his concerns toward the ban and support of an ordinance compromise. Mayor Seaton expressed that second hand smoking is a public health issue and her support of passing an ordinance suited for Salina. Moved by Commissioner Divine, seconded by Commissioner Jilka, to pass draft ordinance number 1 on first reading. Commission Action # 02-3248 02-3249 02-3250 02-3251 02-3252 Moved by Commissioner Jilka, seconded by Commissioner Divine, to amend the original motion (to pass draft ordinance 1 on first reading) to amend the ordinance by removing the entryway restrictions. Aye: (5). Nay: (0). Motion carried. Mayor Seaton clarified that the original motion would include a threshold of 11 seats or more, drinking establishment waiver is available, no time -of -day exception, separate designated smoking areas, and entryway restrictions. A discussion followed with Mayor Seaton, Commissioner Divine, Commissioner Jilka, and Commissioner Shadwick concerning separate designated smoking areas, and time -of - day exception. Mr. Kissinger commented on the ability to amend the ordinance on second reading. Commissioner Jilka commented on amending the seating threshold to 21 from 11. Mayor Seaton commented on the original motion. Moved by Commissioner Jilka to amending the ordinance to reflect the threshold seating to 21 from 11. Motion died for lack of second. Mayor Seaton called the question for the original motion of passing the ordinance with the amendment with the removal of the entryway restrictions. Aye: (2). Divine, Jilka. Nay: (3). Heath, Seaton, Shadwick. Motion failed. Mayor Seaton commented on the time -of -day exception. A discussion followed with Mayor Seaton and Mr. Kissinger regarding the seating threshold and carcinogens lingering. Moved by Commissioner Divine, seconded by Commissioner Shadwick, to pass an ordinance including a threshold of 11 seats or more, drinking establishment waiver at 30% of sales of food, time -of -day exception of 9:00 p.m. to 5:00 a.m. Aye: (2) Divine, Seaton. Nay: (3): Jilka, Heath, Shadwick. Motion failed. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt an ordinance on first reading with a threshold of 21 seats, drinking establishment waiver at 30% food sales, time -of -day 10:00 p.m. to 6:00 a.m., no separate areas, no restrictions on entryway. Aye: (1) Jilka. Nay: (4) Divine, Heath, Seaton, Shadwick. Motion failed. Mayor Seaton expressed concerns regarding the motion. Moved by Commissioner Jilka, to adopt ordinance on first reading with a threshold of 21 seats, drinking establishment waiver at 30% food sales, time -of -day of 9:00 p.m. to 5:00 a.m., with no separate areas and no restrictions on entryways. Motion died for lack of second. Moved by Commissioner Divine, seconded by Commissioner Jilka, moved to pass ordinance on first reading with a threshold of 11 seats, drinking establishment waiver at 30% food sales, time -of -day of exception from 9:00 p.m. to 5:00 a.m., no separate areas, no restrictions on entryways. Aye: (3) Divine, Jilka, Seaton. Nay: (2) Heath, Shadwick. Motion carried. Commissioner Shadwick expressed appreciation of fellow Commissioner views and commented on civil disobedience. Commissioner Heath commented on the public comment received. Mr. Kissinger commented on providing a follow up analysis. None. OTHER BUSINESS Commission Action # 02-3253 02-3254 02-3255 ORGANIZATIONAL MEETING (10.1) The City Clerk called the Organizational Meeting to order and a roll call was taken. There were present: Commissioner Deborah P. Divine Commissioner Don Heath Commissioner Alan E. Jilka Commissioner Kristin M. Seaton Commissioner Monte D. Shadwick (10.2) The City Clerk called for nominations for Mayor and Chairman of the Board of Commissioners. Moved by Commissioner Divine, seconded by Commissioner Shadwick, to nominate Commissioner Seaton for Mayor and Chairman of the Board of Commissioner. Commissioner Divine expressed why she nominated Commissioner Seaton. Commissioner Jilka explained feeling of selecting Commissioner Heath as Mayor and Chairman of the Board of Commissioners. Commissioner Shadwick commented on selection of mayor. Commissioner Heath withdrew from the nominations. The City Clerk called the question on the original motion. Aye: (5). Nay: (0). Motion carried. (10.3) Nominations for Acting Mayor and Vice Chairman of the Board of Commissioners. Moved by Commissioner Seaton, seconded by Commissioner Shadwick, to nominate Commissioner Jilka for Acting Mayor and Vice Chairman of the Board of Commissioners. Aye: (5). Nay: (0). Motion carried. ADJOURNMENT Moved by Commissioner Shadwick, seconded by Commissioner Jilka, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 7:17 p.m. [SEAL] ATTEST: Lieu Ann Nicola, City Clerk stin . Se to , Mayor