01-12-2009 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
January 12, 2009
4:00 p.m.
The City Commission convened at 3:45 p.m. in a Study Session for a Citizens 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 John K. Vanier II, Chairman presiding
Commissioner Alan E. Jilka
Commissioner Luci Larson
Commissioner Aaron Peck
Commissioner R. Abner Pemey
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
(4.1) The day of January 18, 2009 as "Martin Luther King Jr. Commemoration Day" in the city
of Salina. Lisa Upshaw read the proclamation and announced upcoming events.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing to consider a petition filed by Ryan's Mortuary requesting vacation of the
remaining portion of Claflin Avenue east of Ohio Street.
(5.1a) First reading Ordinance No. 09-10482.
Dean Andrew, Director of Planning, explained the request and that a utility easement
would be retained.
Mayor Vanier opened the public hearing.
There being no further comments, the public hearing was closed.
Moved by Commissioner Peck, seconded by Commissioner Larson, to pass Ordinance No.
09-10482 on first reading. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of January 5, 2009.
(6.2) Approve Addendum No. 1 to the Comprehensive Plan Update Contract for services with
Gould Evans Associates.
(6.3) ' Resolution No. 09-6587 amending the City of Salina Shared Vision Statement and
Strategic Plan.
(6.4) Resolution No. 09-6588 authorizing renewal agreements to provide administrative services
for a self-funded health benefit plan and individual and aggregate stop -loss with Blue Cross Blue
Shield of Kansas.
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(6.5) Resolution No. 09-6589 authorizing the City Manager to sign Renewal Confirmation No.
1, Section 6 with Delta Dental of Kansas, Inc. for dental care benefits.
09-766E
Moved by Commissioner Jilka, seconded by Commissioner Peck, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
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(7.1) Accept the offered easement dedication and authorize the Mayor to sign the Sonic Addition
replat (Application P08 -10/10A).
Dean Andrew, Director of Planning, explained the request and the Planning Commission's
recommendation and conditions of approval.
09-766S
Moved by Commissioner Larson, seconded by Commissioner Perney, to accept the offered
easement dedication and authorize the Mayor to sign the Sonic Addition Replat. Aye: (5). Nay: (0).
Motion carried.
ADMINISTRATION
(8.1) Approval of Supplemental Engineering Agreement No. 5.1 for the North Broadway
Corridor Project.
Dan Stack, City Engineer, explained the project, agreement, and funding.
A discussion followed between Mayor Vanier, Mr. Stack, Michael Fraser, Director of
Public Works, Commissioner Peck, and City Manager Jason Gage regarding inspection services,
material testing, and project workmanship.
Mr. Stack responded to Commissioner Perney's question regarding cost of the design of the
project.
A discussion followed between Mayor Vanier, Mr. Stack and Mr. Gage regarding state
funding and project standards.
09-767
Moved by Commissioner Perney, seconded by Commissioner Jilka, to approve
Supplemental Engineering Agreement No. 5.1 with Bucher Willis & Ratliff Corporation in an amount
not to exceed $62,891.11 for the North Broadway Corridor Project No. 03-1409 (KDOT Project 85 U-
2042-01). Aye: (4). Nay: (1) Peck. Motion carried.
(8.2) First reading Ordinance No. 09-10481 prohibiting smoking in public places and places of
employment within the city of Salina.
Jason Gage, City Manager, explained the current smoking regulations, coalition request,
and the proposed ordinance. Mr. Gage responded to Commissioner Larson's and Mayor Vanier's
questions regarding restrictions on hotels and within a personal business. Commissioner Perney also
asked Mr. Gage to clarify the restrictions on private clubs and fraternal organizations.
A discussion followed between Commissioner Peck, Mayor Vanier, Commissioner Larson,
Mr. Gage, and City Attorney Greg Bengtson regarding outdoor patio areas.
Mr. Gage then responded to Commissioner Jilka's question regarding prohibition of
smoking in places of employment.
Nancy Reese, 720 Highland, felt that second hand smoke is not as bad as it is made to
believe. Ms. Reese quoted a statistic that normal person ingests equivalent to six cigarettes a year.
She felt that business owners should be able to make the choice.
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Yvonne Gibbons, Director of the Saline -Saline County Health Department, read a
resolution adopted by the Board of Health in November of 2008 that recommends passage of an
ordinance. Ms. Gibbons responded to Commissioner Jilka's question regarding the affects of second
hand smoke.
James O'Shea, no address given, expressed his opposition of the smoking ordinance and
felt that it should be a business owners' decision.
Katy Russell, no address given, gave some statistics of the affects of second hand smoke
and her support of the ordinance.
Leslie Berry, 2160 Roach, expressed his opposition and felt business owners should be able
to run their businesses how they want.
Susan McC1ur,1104 N. 10th, expressed her opposition and felt that the ordinance would be
infringing on citizens rights. Ms. McClur expressed her concerns regarding the reduction in tax
revenue from the purchases of alcohol and cigarettes.
Trent Davis, 2145 Hillside Drive, commented on tax revenues and the amount of money
spent on tobacco related illnesses.
Tom Muhleisen , 2032 Lewis, asked Mr. Gage to clarify the ordinance on how it relates to
places that sale tobacco products and private clubs. Mr. Gage responded. Mr. Muhleisen then
commented that he felt that the ordinance would hurt businesses that sold tobacco and private clubs.
He felt that private clubs should be excluded because they require memberships.
Del Meier, Health Educator for the Health Department, felt that this is a public health
issue. Ms. Meier continued to comment on the affects of second hand smoke and that the government
has the responsibility to protect its citizens. Ms. Meier then responded to Commissioner Jilka's
questions regarding studies conducted, money spent of tobacco related illnesses, state funding, and
federal subsidies.
Commissioner Peck cautioned in getting into a debate over the statistics. He felt that the
issue was a business owner and public health issue; however, that public health took precedence over
business rights.
Denise Ward, 1901 Twin Oaks Drive, felt that it is a business owner right to choose to be
smoking or nonsmoking and there are other options available for patrons to go to.
Gary Swartzendruber, 528 S. College, asked for clarification on the restrictions on private
clubs and the petitioning process. He also asked about restricting smoking on rental property. Mr.
Gage, Mayor Vanier, and Mr. Bengtson responded.
Daniel Craig, Salina Area Tobacco Use Coalition, felt that there would not be a negative
effect on business revenues.
Elizabeth Owens, address not given, felt that it should be left up to the business owner on
whether their establishment is smoking or nonsmoking.
Commissioner Larson expressed that this is a tough issue and believes that it should be
prohibited in places where people go with children.
A discussion followed between Mayor Vanier, Commissioner Larson, Mr. Gage, and Mr.
Bengtson regarding the petition process.
ordinance.
Mr. Bengtson responded to Commissioner Larson's question regarding amending the
Mr. Gage outlined the April election timeline.
Commissioner Peck felt that this is an employee and public health rights issue and that
majority of the citizens would support the ordinance.
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09-767
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09 -�67:
09-767
09-767:
Moved by Commissioner Peck, seconded by Commissioner Jilka, to pass Ordinance on
first reading.
Commissioner Jilka felt that public opinion does support these types of ordinances, but he
would not support any regulation that prohibited outside smoking and offered an amendment to
Commissioner Peck's motion to change the area around an entrance to 10 feet.
Moved by Commissioner Jilka, seconded by Commissioner Perney to amend the motion to
amend to reduce the area around an entrance to 10 feet. Aye: (4). Nay: (1) Vanier. Motion carried.
Moved Commissioner Perney, seconded Jilka, to amend Section 30.5-4 to limit it to private
clubs and fraternal organizations facilities. Aye: (4).. Nay: (1) Vanier. Motion carried.
A discussion followed between Commissioner Perney and Mr. Gage regarding allowing a
smoking ventilated room provision for private clubs.
Mayor Vanier expressed that he opposes the ordinance and believes in property rights and
if it is a health issue he encourages supports to use the petition process.
Mayor Vanier called the question for Motion No. 09-7671. Aye: (3). Nay: (2) Perney,
Vanier. Motion carried.
(8.3) Request for Executive Session (legal)
Moved by Commissioner Larson, seconded by Commissioner Jilka, to recess into
executive session for 30 minutes to discuss with legal counsel matters subject to the attorney-client
privilege for the reason that public discussion of those matters would waive the privilege and
adversely affect the City's interest in the matters and reconvene in this room at 6:20 p.m.
The City Commission recessed into executive session at 5:50 p.m. and reconvened at 7:04
p.m. No action was taken.
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Larson, 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 7:04 p.m.
[SEAL]
YUR4L�Ql�� ATTEST:
Lieu Ann Elsey, CMC, Ci Jerk
Jo K. Vanier II, Mayor
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