05-06-2002 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
May 6, 2002
4:00 p.m.
The City Commission convened at 3:45 p.m. for a Citizen Open Forum. 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
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The week of May 6 —12, 2002 as "Mental Health Awareness Week" in the City of Salina.
Jamie Brown, representing Crossroads/Central Kansas Mental Health Center, read the proclamation.
(4.2) The day of May 11, 2002 as "Poppy Day" in the City of Salina. Delores Houltberg,
Second Vice President of the American Legion Auxiliary, read the proclamation.
(4.3) The week of May 12 —18, 2002 as "National Police Week" and the day of May 15, 2002
as "Peace Officer Memorial Day" in the City of Salina. Chaplain Garlen Howington, with the Salina
Police Department, read the proclamation.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing of Ordinance No. 02-10075 levying special assessments for improvements
within the City of Salina.
(5.1a) Second reading Ordinance No. 02-10075.
Mayor Seaton opened the public hearing.
Shawn O'Leary, Director of Engineering and General Services, summarized the
assessment process and the levying of assessments of improvements in the Eastview Estates Addition
and Airport Industrial Center Subdivision.
There being no further comments, the hearing was closed.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Ordinance
No. 02-10075 on second reading. A roll call vote was taken. Aye: (5) Divine, Heath, Jilka, Shadwick,
Seaton. Nay: (0). Motion carried.
Commission
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CONSENT AGENDA
(6.1) Approve the minutes of April 22, 2002.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
None.
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Second reading Ordinance No. 02-10078 providing for the vacation of a portion of the
drainage and utility easement between Lots 5 and 6, Block 1, Replat of Eastbank Estates Addition.
Mayor Seaton clarified that Ordinance No. 02-10078 was passed on first reading on April
22, 2002 and since that time no comments have been received.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt
Ordinance No. 02-10078 on second reading. A roll call vote was taken. Aye: (5) Divine, Health,
Jilka, Shadwick, Seaton. Nay: (0). Motion carried.
(8.2) Resolution No. 02-5831 authorizing an interlocal solid waste disposal agreement with
McPherson Area Solid Waste Utility (MASWU ).
Don Hoff, Director of Utilities, explained operational evaluation performed by the landfill
consultant, Camp Dresser and McKee, the agreement with MASWU, and the City's policy regarding
accepting out -of -county solid waste. Mr. Hoff also responded to questions from Commissioner Heath
and Commissioner Divine regarding the agreement beginning date and the landfill life projection.
Moved by Commissioner Heath, seconded by Commissioner Divine, to adopt Resolution
No. 02-5831. Aye: (5). Nay: (0). Motion carried.
(8.3) Approval of the requested 2002 Vehicle and Equipment Plan, Phase II, purchases.
Jason Gage, Assistant City Manager, explained the purchases.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to approval the 2002
Vehicle and Equipment Plan, Phase II, purchases. Aye: (5). Nay: (0). Motion carried.
(8.4) Award of contract for the Municipal Court Building Addition, Project No. 02-1351.
Jason Gage, Assistant City Manager, explained the project, bids received and financial
summary of the project.
Dennis Kissinger, City Manager, explained the financing of the project. Mr. Kissinger
responded to Commissioner Shadwick's inquiry regarding the bond issuance cost.
Mr. Gage and Jeff Gillam with Jones -Gillam Architects, explained the project revisions.
Mr. Kissinger also noted the added sprinkling system included in the basement.
Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to award the
contract for the Municipal Court Building Addition, Project No. 02-1351 to Harbin Construction, Inc.
in the alternate bid amount of $1,254,500. Aye: (5). Nay: (0). Motion carried.
(8.5) City Commissioner assignments to the Citizen Boards and Commissions.
Mayor Seaton announced the assignments as follows: Commissioner Jilka: Convention
and Tourism Committee, Housing Authority, and Block Grant Advisory Committee; Commissioner
Divine: Arts and Humanities Commission and North Central Regional Planning Commission;
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Commissioner Heath: Board of Health, Building Authority, and Sales Tax Oversight Committee; and
Commissioner Shadwick: Building Authority and Airport Authority; Mayor Seaton: Chamber of
Commerce, Economic and Development Executive Committee, Library Board, and Board of Health.
Moved by Commissioner Heath, seconded by Commissioner Shadwick, to recess into
Executive Session for 15 minutes to discuss with the City Attorney a matter subject to the attorney-
client privilege for the reason that public discussion of the matter would waive the privilege and
adversely affect the City's interests in the matter; and reconvene at 4:44 p.m. Aye: (5). Nay: (0).
Motion carried.
The City Commission recessed at 4:29 p.m. and reconvened at 4:44 p.m.
(8.6) Second reading Ordinance No. 02-10077 pertaining to smoking in restaurants.
Dennis Kissinger, City Manager, outlined the technical changes of renumbering and
reformatting the ordinance that was necessary to create a new chapter in the Salina Code. Mr.
Kissinger summarized comments that were received.
Gary Swartzendruber, Coalition for Reasonable People, expressed the coalition's
opposition toward the ban. Mr. Swartzendruber also extended questions to the Commissioners.
Shelly Towne, 2624 Bret Avenue, expressed her opposition toward the ordinance and
noted that she submitted a list of names of persons against the ordinance.
Kent Gibson, 357 W. Jewell, expressed his opposition toward the ordinance.
Angel Pooler, owner of 4 Bears Caf6 & Catering, 150 S. Broadway, expressed her
opposition toward the ordinance and that it was the business owner's right to decide. She also noted
that if smoking in restaurants was a public health issue, it should be banned without exemptions.
Brian Stolzenburg, 1700 E. Stimmel Road, expressed his opposition toward the ordinance.
Kenneth Rinke, 521 Franklin, expressed his opposition toward the ordinance. He noted
that his establishment is currently nonsmoking, but as a business owner he was able to decide.
Aaron Robertson, 905 Highland, commented on government have the obligation to treat
everyone equally and expressed that if this is a public health issue it should be banned completely
without any type of restrictions or exemptions.
Norman Eilert, 1227 Meyer Drive, expressed his opposition toward the ordinance and felt
that this was a state-wide issue. He also noted that if an ordinance was adopted it should not include
exemptions.
Mike Long, 1304 Sunrise Drive, commented that truck stops should be exempt if an
ordinance is to be passed.
Tom Pestinger, Salina Area Chamber of Commerce Board President, expressed that
business owners should have the ability to make their own decisions on smoking in their
establishment. He also asked that the Commission consider amending the ordinance to include
exemption of truck stops, a sunset provision, and a hardship waiver.
Jill Neuderhouser, 414 Oak, Solomon, thanked the City Commission and staff for their
efforts and encouraged the City Commission to adopt the ordinance. She also expressed opposition
toward the hardship waiver.
Dolores Adair, 1239 N. Tenth Street, expressed her opposition toward the ordinance.
Laurie Pitts, 1205 Meyer Drive, thanked the City Commission for considering the issue
and encouraged them to adopt the ordinance on second reading. Ms. Pitts expressed that the ordinance
would be an asset to Salina.
Dr. Trent Davis, 2145 Hillside Drive, expressed his support toward the ordinance.
Commission
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Kirsten Bruce, 207 Garfield, Lindsborg, quoted statistics from the State of Kansas
concerning second hand smoke.
Brian Tatro, 1310 Fairway, expressed his opposition toward the ordinance.
Julie Goetz, 805 S. Ohio, Program Director of the Salina Area Tobacco Prevention
Coalition, thanked the City Commission and City Staff for their time and efforts and summarized a
survey conducted by the University of Kansas.
Thomas Goetzche, 809 Sheridan, expressed his opposition toward the ordinance and
commented on the economic burden it would cause on truck stops.
Mark Augustine, 148 Mount Barbara Drive, expressed his opposition toward the
ordinance, but stated that if the ordinance is passed interstate business should be exempt.
Serese Mattek, 608 McAdams, expressed her opposition toward the ordinance and felt
that people should be educated not to start smoking. She commented that if an ordinance is passed
that there should not be any exemptions.
Del Meier, 2822 Bret, outlined the grant funding and commented on the amendments
proposed by the Chamber of Commerce.
Tom Wilborn, Manager of the Flying J, 2250 N. Ohio, expressed his concerns of how the
ordinance would hurt his business economically.
Richard D'Alanno, 107 E. Parkway, expressed his opposition toward the ordinance.
Jake Loden, American Cancer Society, expressed his support toward the ordinance and
commented on the adverse affects of second hand smoke.
Dennis Carpenter, Restaurant and Hospitality Association, expressed that the organization
did not advocate smoking or nonsmoking, but advocated the business owner's right to make the
decision. He also read correspondences that he received from business owners in Salina concerning
their feelings on the issue.
Brenda Gutierrez, 220 S. Brenda Lane, expressed her support toward the ordinance.
Jeff Caney, Manager with Bosselman Truck Plaza, expressed opposition toward the
ordinance. He also asked that if the ordinance is to be adopted, to exempt interstate business and
provide for the sunset provision.
Jack Cossette, 625 Arrowhead, commented on opposition of the exemption and felt that
this was a state-wide issue.
James O'Shea, 868 S. Ninth Street, expressed his opposition toward the ordinance.
Joanne Whitmere, 436 S. Delaware, expressed her opposition toward the ordinance.
Chuck Allred, 130 S. Bradley, expressed his support toward the ordinance.
Commissioner Shadwick and Commissioner Heath expressed their appreciation of citizen
input and commented on their opposition of the ordinance and their feeling of the property owner's
right to decide.
Mayor Seaton commented on the exemptions and it being a difficult issue.
Commissioner Divine expressed her appreciation of all the comments that she had
received and her feeling of this being a public health issue. She also responded to Mr.
Swartzendruber's question regarding contaminated food.
Commissioner Jilka commented that he had received many comments, but would favor
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the ordinance from the first reading with a possibility of a hardship waiver.
A discussion followed with Mr. Kissinger, Mayor Seaton, Commissioner Jilka, and
Commissioner Divine regarding a hardship waiver and truck stop exemption.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Ordinance
No. 02-10077 on second reading as presented.
Mayor Seaton asked Mr. Kissinger to summarize the ordinance.
Mayor Seaton called the question for the original motion of adopting Ordinance No. 02-
10077 on second reading as presented. A roll call vote was taken. Aye: (3) Divine, Jilka, Seaton.
Nay: (2) Heath, Shadwick. Motion carried.
Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to direct staff to
gather information regarding a hardship waiver. Aye: (5). Nay: (0). Motion carried.
None.
OTHER BUSINESS
ADJOURNMENT
02-3279 Moved by Commissioner Divine, 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 6:49 p.m.
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ATTEST:
Lieu Ann Nicola, City Clerk