01-26-2009 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
January 26, 2009
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session on the Downtown Wireless Study.
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 Perney
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) Presentation of plaques of appreciation to outgoing Employee Council members.
Mayor Vanier presented plaques to Kathy Burlew, Jane Eilers, and Greg Griswell. Other
members not present are Sue Cline, Josh Foley, and Chad McCary.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of January 12, 2009.
(6.2) Resolution No. 09-6590 appointing Lexie Weiser to the Animal Control Advisory and
Appeals Board, Lou Ann Dunn, Barb Shirley, and Amit Bhakta to the Convention and Tourism
Committee, Ken Kennedy to the Planning Commission, Ellen Morgan to the Board of Zoning
Appeals, and John Wachholz to the Tree Advisory Board.
(6.3) Resolution No. 09-6592 repealing Resolution No. 98-5379 which requires straight curbs in
residential subdivisl*ons,
(6.4) Rescind first reading Ordinance No. 08-10477 annexing a tract of land located at the
southwest corner of Magnolia Road and I-135.
(6.5) Resolution No. 09-6591 amending Article 15 of the Personnel Manual pertaining to
Vacation.
Moved by Commissioner Perney, seconded by Commissioner Jilka, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
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DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Second reading Ordinance No. 09-10482 vacating the remaining portion of the Claflin
Avenue right-of-way east of Ohio Street.
Mayor Vanier reported that Ordinance No. 09-10482 was passed on first reading on
January 12, 2009 and since that time no comments have been received.
Moved by Commissioner Jilka, seconded by Commissioner Peck, to adopt Ordinance No.
09-10482 on second reading. A roll call was taken. Aye: (5) Jilka, Larson, Peck, Perney, Vanier.
Nay: (0). Motion carried.
(8.2) Special Inspections
(8.2a) Discussion and consideration of accepting Expression of Interest Forms for a
Special Inspections Task Force.
(8.2b) First reading Ordinance No. 09-10483 amending Chapter 8 of the Salina Code
by amending Chapter 17 of the 2003 International Building Code pertaining to special
inspections.
Michael Schrage, Deputy City Manager, outlined Chapter 17 of the IBC, the Building
Advisory Board's recommendation, and request for the creation of the ad hoc committee.
Mr. Schrage and Mike Roberts, Building Official, responded to Commissioner Jilka's
questions regarding the use of the International Building Code and adoption process of that code. Mr.
Roberts also responded to Commissioner Jilka's question regarding potential vendor lobbying and
influencing the changes to the national codes.
Jason Gage, City Manager, commented on the City's ability to adopt the building code and
to make amendments to it.
Mr. Schrage commented on the intentions for the task force.
Mr. Schrage then responded to Mayor Vanier's question regarding the task force
membership and requirements and Commissioner Larson's question regarding how often the task
force would meet.
A discussion followed between Commissioner Larson, Mr. Schrage, and Mr. Gage
regarding use of an ad hoc committee.
A discussion followed between Mr. Schrage and Commissioner Perney regarding repealing
Chapter 17 of the International Building Code entirely.
Moved by C9mmissioner Jilka, seconded by Commissioner Peck, to authorize staff to
accept Expression ofInterest forms for a Special Inspections Task Force, Aye; (S). Nay:' (0). Motion
carried.
Moved by Commissioner Perney, seconded by Commissioner Peck, to pass Ordinance No.
09-10483 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.3) Authorize purchase of 14 disk drives to upgrade an existing storage area network device.
funding.
Jack Rolfs, Director of Computer Technology, explained the purchase, quotes received, and
09-768 Moved by Commissioner Peck, seconded by Commissioner Perney, to authorize the
purchase of 14 disk drives to upgrade an existing storage area network device from Eagle Software in
the amount of $13,700. Aye: (5). Nay: (0). Motion carried.
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(8.4) Second reading Ordinance No. 09-10481 amending Chapter 30.5 of the Salina Code
pertaining to prohibiting smoking in public places.
Jason Gage, City Manager, explained the adoption process. Mr. Gage then responded to
Commissioner Larson question regarding the ballot deadline.
James O'Shea, 2314 Hillside Drive, expressed his opposition of the ban. Mr. O'Shea
commented on the coalition's financial statement and their grant funding. Mr. O'Shea also responded
to Commissioner Jilka's question regarding the survey Mr. O'Shea conducted.
Commissioner Jilka commented on the calls he has received from veterans that support the
ban.
Daniel Joseph Jackson, 518 S. 12th Street, expressed that citizens have the freedom of
choice and are protected by the Constitution and privacy and property rights should be protected. Mr.
Jackson noted many court cases..
Maria Charvat, 2646 Plantation Drive, commented on the coalition funding and their
employment requirements for receiving the grants; also noting the coalition is primarily ran by
volunteers. Ms. Charvat felt that restaurants have done well in Salina since the last smoking ban and
that there were an increase in number of restaurant inspections done, meaning the number of
restaurants have increased.
Pete Timmons, 633 N..11 th Street, supports the nonsmoking in restaurants, but not in bars.
He felt that this would be taking people's freedoms away.
Jack Petty, 857 Windsor Drive, felt that the ban takes too many rights away from people
and the statistics are simply opinions.
Trent Davis, 2145 Hillside Drive, expressed the need for regulations and for the
community to be proactive. Dr. Davis commented on the cost of health care due to smoking. He felt
that it was local government's responsibility to protect their community.
Gary Swartzendruber, 528 S. College, thanked the City Commission and staff for allowing
the public forums. He felt that the citizens of Salina should vote on the issue.
Jerry Jarvis, 1417 Ponca Avenue, felt that the City Commission should allow the citizens to
vote on the issue. He continued to comment that he supported the current ban on restaurants.
Pete Timmons, 663 N. 11th Street, asked if the City Commission would outlaw him from
walking down the street due to his illness.
Randall Hardy, 816 Highland Avenue, expressed his support on the ban; he felt that the ban
would benefit both the smoker and nonsmoker. Mr. Hardy commented on the smoking ban in
Lawrence, Kansas and the nonsmoking on airlines.
Mr. Gage responded to Commissioner Peck's question regarding the Kansas Supreme
Court's ruling of the Lawrence smoking ordinance. Mr. Gage confirmed that it was upheld.
Susan McClure, 1104 N. 10th Street, thanked the City Commission for the numerous
opportunities to speak; she felt that the government should not tell businesses how to run. Ms.
McClure asked Dr. Davis to respond to her question regarding health care costs related to smoking.
Ms. McClure also stated that majority of the patrons of bars smoke already and the clean air ordinance
would not benefit them.' She felt that the coalition should be petitioning this to place it on the ballot.
Rodney Brown, 433 Rahm, felt that businesses should be able to make a choice on whether
to allow smoking or not. "
Susan McClure, 104 N. l 01h Street, asked the question directed towards the coalition if they
are so worried about health, then why are they drinking.
Yvonne Gibbons, Executive Director of the Salina -Saline County Health Department,
commented that it was essential to regulate public health hazardous. She also commented on the
public health requirements on air pollution, the American Disability Act, restaurants, and daycare
providers.
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Del Meier, Salina -Saline County Health Department, commented that smoking is a legal
activity, but has the ability to harm others. She also noted that smoke free ordinances have been
challenged and upheld in courts and that the rate of hospital admissions for heart attacks declined in
Pueblo, CO that has a smoking ordinance.
Elizabeth Owens, 332 W. Cloud, questioned the amount of money spent on respiratory
illnesses and what studies were used for these regulations. She felt that smoking should be allowed in
bars; or the possible of doing something similar to the City of Wichita where a tax is placed on places
that allow smoking. She requested that the City Commission relook and the ordinance to allow
smoking in certain places.
Marvin Westhaven, 718 N. 7`h Street, asked whether the Commissioners have already made
up their minds. He spoke against the smoking ban and that businesses should decide on whether they
allow smoking.
Mr. Jackson commented on the Manhattan and Lawrence ordinance being upheld in the
state supreme court, and noted that he will be taking these cases to the federal level.
James Wilson, Salina, felt that the ordinance would be infringing on people rights and the
business owners' rights should not be compromised.
Leonard Dahl, 328 Woodlawn, expressed that he felt that he should have the right to run
his business as he sees fit. Mr. Dahl continued to comment that there are nonsmoking bars in Salina.
He felt that the ordinance was very comprehensive. ,
A discussion followed between Mr. Dahl, Commissioner Perney, and Commissioner Peck
regarding public policy.
Mr. Dahl questioned when a private business becomes a public facility.
Commissioner Jilka questioned whether there would be any proposed amendments.
Commissioner Perney commented on the difficulty of making this decision. He also
commented on the roll call vote requirement for second reading of the ordinance.
Moved by Commissioner Perney to postpone the item until April 20 and make this a City
Commission issue for the upcoming election. Motion died due to lack of a second.
Commissioner Jilka commented on the past debate of fluidization. He also stated that
veterans are split on the issue, and the veterans have fought for our right to have public forums and
voting opportunities. He felt that public opinion is strongly in favor of smoking ban ordinance;
however, he does not want outdoor patios to be included.
Commissioner Larson expressed her appreciation to everyone that participated on the issue
from both the coalition and opposing citizens. She urged the citizens that if the vote did not go in
there favor, to take it upon themselves to make a difference and have the question be placed on the
upcoming ballot.
Commissioner Peck noted that he emphasizes with business owners and this is a hot topic.
He felt that this is an extension of the current ordinance that has placed public health and safety over
individual rights, Ike ccptlnued to cypress the rlee4 for a rcgulated society; and felt that the ban would
benefit the overall community.
Mayor Vanier commented that he is a strong believer in personal and individual rights, and
the right of choice; therefore, he could not agree with the ordinance. He felt that property and business
owners' rights are being taken away; and will not support the ordinance. He encouraged the citizens to
make this a public issue and place it on the ballot.
Moved by Commissioner Peck, seconded by Commissioner Perney, to adopt Ordinance
No. 09-10481 on second reading.
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Commissioner Perney commented that amendments should be able to be proposed at any
time. He also felt that posting of signs were unnecessary and costly.
A discussion followed between Commissioner Jilka, Mr. Gage, Mr. Bengtson,
Commissioner Perney, and Commissioner Larson regarding the restrictions on entrances and
enforcement.
A discussion followed between Commissioner Jilka, Mr. Gage, and Commissioner Perney
regarding signage. Commissioner Perney asked if the coalition could provide signage for the
businesses.
Mr. Bengtson noted the minor addition to Section 30.5-7(b)
Moved by Commissioner Jilka, seconded by Commissioner Peck, to amend 30.5-7(b) to
add "except as provided in Section 30.5-6 above". Aye: (4). Nay: (1). Motion carried.
Mayor Vanier called the question for Motion 09-7682. A roll call vote was taken. Aye: (3)
Jilka, Peck, Perney. Nay: (2) Larson, Vanier. Motion carried.
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Peck, seconded by Commissioner Larson that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 6:22 p.m.
J hn K. Vanier II, Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, Ci Clerk
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