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06-08-2008 MinutesCommission Action # 0 E U 1 1• 09-783' CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS June 8, 2009 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for a Development Services Overview. 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 M. Luci Larson, Chairman presiding Commissioner Samantha Angell Commissioner Tom Arpke Commissioner Norman Jennings Commissioner Aaron Peck comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: None CITIZEN FORUM James O'Shea, 2314 Hillside Drive, questioned whether the Commission had any plans to legalize fireworks. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of June 1, 2009. (6.2) Resolution No. 09-6629 expressing gratitude and appreciation to Galen E. Crum for his employment with the City of Salina from October 15, 1978 to June 15, 2009. Moved by Commissioner Peck, seconded by Commissioner Arpke, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Acceptance of offered easement, right-of-way and restricted 'access dedication and authorize the Mayor to sign the Mulberry Creek Addition plat. Dean Andrew, Director of Planning, explained the request, driveway access, and Planning Commission's recommendation and conditions for approval. Mr. Andrew then responded to Mayor Larson's question regarding the location of the city limits and Commissioner Jennings' question regarding signage. Moved by Commissioner Angell, seconded by Commissioner Jennings, to accept the offered easement, right-of-way and restricted access dedication and authorize the Mayor to sign the Mulberry Creek Addition plat. Aye: (5). Nay: (0). Motion carried. (7.2) Application #Z09-5, filed by John Ward, requesting a change in zoning district classification from A-1 (Agricultural) to C-5 (Service Commercial) on a tract of land located on the east side of North Fifth Street, north of I-70. (7.2a) First reading Ordinance No. 09-10503. Page 1 Commission Action # 0 09-83 Z W 1 1 Dean Andrew, Director.of Planning, explained the request, difference between commercial and industrial zoning, buffering, lot frontage, infrastructure, and the Planning Commission's recommendation. Mr. Andrew then responded to Mayor Larson's question regarding the surrounding property owner's drainage concerns. Moved by Commissioner Peck, seconded by Commissioner Arpke, to pass Ordinance No. 09-10503 on first reading. Aye:' (5). Nay: (0). Motion carried. (7.3) Consider protest of approval of Application #CU09-4 to allow an outdoor patio within the C-4 district located at 249 N. Santa Fe. Dean Andrew, Director of Planning, explained the regulations for drinking establishments in the C-4 district, request to construct outdoor patio, parking, Planning Commission's approval of the application, protest petition, and the City Commission alternatives. A discussion followed between the Commission and Mr. Andrew regarding the entrances and exits, parking, fencing, location of the patio, security, how this request compared to Big Nose Kate's, affects the patio of the Paramount to the surrounding property and licensing requirements. Earl Graybeal, applicant, responded to Commissioner Peck's question regarding the exits and entrances. Ray Hruska, Electronics of Salina, commented on how drinking establishments affects the downtown area, and felt that the fencing was an inappropriate frontage. Mr. Hruska continued to express his concerns and requirements of the exits and entrances to the establishment and impact to the surrounding property. Mr. Hruska then responded to Commissioner Arpke, Commissioner Angell, and Mayor Larson's questions regarding the fencing and parking. Warren Ediger, architect for the applicant, referenced the PUMA report, and explained the conditional use permit requirement, conditional uses of the property, exits of the facility, painting of the fence, issuance of the building permit, alcohol regulations, location of the patio and access. Mr. Ediger also responded to Commissioner Arpke's and Commissioner Peck's question regarding the planter boxes and painting of the fence. Commissioner Jennings questioned Mr. Ediger regarding the storefront, gateway, and installation of an egress door. Mr. Ediger responded. Mr. Graybeal responded to Mayor Larson's inquire on the hours of operation of the establishment. A discussion followed between City Manager Jason Gage and Mr. Ediger regarding parking and maintenance access. Mike Forristal, property owner with the Lee District, expressed that he agreed with Mr. Hruska's concerns. Mr. Forristal noted that he had offered to purchase the ornamental fencing instead of using the wooden fence. He continued to express his concerns of parking and that the wooden fence would not be compatible to the district. A discussion followed between Mr. Forristal, Commissioner Arpke, Mayor Larson, and Commissioner Angell regarding the ornamental fencing. Mr. Forristal continued to express his concerns of deterioration of the wooden fence and commented on the development of the Lee Building. Commissioner Peck felt that this would be an immediate impact that meets the applicant's needs, and it was uncertain when the surrounding property would be developed. Dave Bierberly, 222 N. Santa Fe, commented that he concurred with Mr. Forristal, and expressed his concerns with the additional noise that would be generated. He felt that the patio should be pushed to the back. Kevin Rome, 219 N. Santa Fe, commented on the addition to the patio at the Paramount. Mr. Rome expressed his concerns of installing a rod iron fence, explaining that it would not block the wind and trash would blow onto and off the property. Page 2 Commission Action # 1 z a w D Z C 0 U 09-783 09-784 09-784: A discussion followed between Mayor Larson, City Manager Jason Gage, Commissioner Peck, and Mr. Andrew regarding noise regulations. Mr. Hruska expressed his concerns with noise. Dennis Collier, downtown property owner, expressed his concerns of the aesthetics not being compatible. Merlin Stephens, 340 Maple Avenue, commented on the issuance of a noise permit, and felt that the real issue is the clean air ordinance. Mr. Forristal asked that the Commission to table the request until the smoking issue has been resolved. Mr. Ediger commented on the PUMA report and the characteristics of the mill district. He then also responded to Mayor Larson's question regarding the offer of the iron fencing. Additional discussion followed between Mr. Ediger and Commissioner Jennings regarding the PUMA report. Mr. Hruska commented on the curb cut and setting the patio to the back of the property. Phylla Klima, Salina Downtown, Inc., commented that the property owners have been notified and Salina Downtown has not taken an official position on: this request. Ms. Klima also responded to Commissioner Jennings question regarding whether the PUMA report had been updated. Ms. Klima clarified that it had not up to this date. Mr. Hruska felt that the clean air ordinance has caused this issue. City Manager Jason Gage responded to Commissioner Jennings' question on how the clean air ordinance would affect the patio area. Moved by Commissioner Peck, seconded by Commissioner Arpke, to approve the conditional use permit and eliminate the front entrance and retain the back exit. Moved by Commissioner Jennings, seconded by Commissioner Peck, to amend Motion 09- 7839 to include the painting or staining of the fence after one year to help preserve the life of the fence. Aye: (5). Nay: (0). Motion carried. carried. Mayor Larson called the question for Motion 09-7839. Aye: (5). Nay: (0). Motion ADMINISTRATION (8.1) Second reading Ordinance No. 09-10501 providing a change in zoning district classification from R-3 to C-1 on property legally described as the East 85 feet of Lot 7 on Ninth Street in Bishop's Addition (155 N. Ninth Street). Mayor Larson noted that Ordinance No. 09-10501 was passed on first reading on June 1, 2009 and since that time no comments have been received. Moved by Commissioner Peck, seconded by Commissioner Angell, to adopt Ordinance No. 09-10501 on second reading. A roll call was taken. Aye: (5) Angell, Arpke, Jennings, Peck, Larson. Nay: (0). Motion carried. (8.2) Second reading Ordinance No. 09-10502 amending Chapter 8, Division 2 of the Salina Code by adding Section 8-54.1 providing for an amendment to Section 602.3.1 of the 2003 International Residential Code to create a new exception allowing certain walls to exceed current height limitations. Mayor Larson noted that Ordinance No. 09-10502 was passed on first reading on June 1, 2009 and since that time no comments have been received. Page 3 Commission Action # 1 1 L 09-784 N 2 a m N v N U IIIb Moved by Commissioner Jennings, seconded by Commissioner Peck, to adopt Ordinance No. 09-10502 on second reading. A roll call was taken. Aye: (5) Angell, Arpke, Jennings, Peck, Larson. Nay: (0). Motion carried. (8.3) Item removed from the agenda. (8.4) Resolution No. 09-6626 authorizing an agreement with Saline County for the County's acquisition of an easement on City property along Farrelly Road. Dan Stack, City Engineer, explained the project, and replacement of the trees. Moved by Commissioner Peck, seconded by Commissioner Jennings, to adopt Resolution No. 09-6626. Aye: (5). Nay: (0). Motion carried. (8.5) Discussion of the Clean Indoor Air Ordinance approved by the City Commission on January 12, 2009. Jason Gage, City Manager, asked the Commission to provide Staff direction with their concerns with the current ordinance, possibility of exemptions, what information the City Commission would like to see, and -discuss future enforcement of the ordinance. ' James O'Shea, 2314 Hillside Drive, commented that the City Commission needs to make a decision and move to other issues. Teresa Fairchild, owner of Chuck's Bar located at 600 N. Santa Fe, commented on how the ordinance has affected their business. She stated that has caused a loss in business and asked that the Commission repeal the ordinance. Merlin Stephens, 340 Maple, felt that clubs should be exempted, and that the ordinance causes a bigger problem in littering. Leslie Berry, owner of the Labor Building Social Club, explained that his establishment was only open to members and how the ordinance has affected his business. He felt that smoking should be allowed in the bars and clubs. Terry Johnson, no address given, commented that everyone is affected by second hand smoke and not only children. She felt that there was a need for government regulations to protect the citizens. Carolyn Carpenter, 1413 Sherwood Lane, felt that it is the government's responsibility to protect the safety of the citizens and those exemptions should not be considered by the Commission. Ray Hruska commented on the other causes of cancers. Tammy Kimminau, Salina, commented on other communities that have adopted a smoke free ordinance. She suggested that the Commission take a look at how the ordinance has affected businesses in Manhattan and Lawrence. She felt that the ordinance should stay in place. James O'Shea commented that people who do not like it, should leave the community. Mike Forristal, no address given, explained that he avoids places where there is smoking and the Commission should exempt place where adults frequent. Jerry Vargas, 1417 Ponca, felt that there has been business loss due to the ordinance. Trent Davis, 2145 Hillside Drive, commented that everyone in society is paying the cost of tobacco, and the need for Salina to create a good image. Dr. Davis urged the Commission not consider any exemptions to the ordinance. Denise Ward, 902 Twin Oaks Drive (owner of the Blind Pig), commented on how the ordinance has affect her business. She suggested that businesses that would like to allow smoking be able to purchase a permit. Page 4 Commission Action # 1 Reverend Patrick Broz, 901 W. Neal, urged the Commission to support the current ordinance. A discussion followed between Commissioner Peck and Mr. Hruska regarding the statistics on second hand smoke. W Mr. Stephens commented on the pollution caused to motor vehicles. ro Shane Wright, 2363 Chapel Ridge, commented on the statistics on the Kansas Department N of Health and Environment's website. He continued to state that this was a public health issue. o U Susan Tucker, 126 W. Hillside Terrace, commented on the elimination of smoking areas in the schools and urged the Commission not to change the ordinance. Commissioner Arpke felt that adults should model no smoking in front of children, and the need for education and to continue to encourage not smoking. However, he felt that the ordinance is a burden on businesses and businesses have the right to determine what happens within their establishment. Commissioner Angell had hoped to reach majority agreement on the exemptions to avoid a special election. She felt that an agreement would not be met, and ;the issue is going to a special election either way. Commissioner Jennings agreed with Commissioner Angell. Commissioner Jennings felt that the issued has been presented as a business owners' rights issue, and if you do not support it you are looked at as being against the owners' rights. He continued to state that it was not true and is a public health concern. Commissioner Peck agreed with Commissioners Angell and Jennings and felt they would not find any middle ground. He expressed his support to allow the ordinance to stand, and allow the citizens opposing the ordinance submit a petition for a special election.. Mayor Larson commented on her last vote against ban and she was not advocating for either side. She continued to express that she agreed with Commissioner Angell's comments. She urged the opposition side to file the petition and allow the people to vote on the issue. Commissioner Angell noted again that she felt that the Commission would not agree on the exemptions. No action was taken by the Commission. 09-7844 Moved by Commissioner Peck, seconded by Commissioner Angell, to recess for a five minute break and return at 6:17 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission meeting reconvened at 6:24 p.m. (8.6) Request for executive session (legal and trade secrets). 09-784z Moved by Commissioner Peck, seconded by Commissioner Arpke, to recess into executive session for 15 minutes to discuss confidential data relating to the financial affairs and trade secrets of a corporation for the reason that public discussion of the information would competitively disadvantage the corporation and reconvene at 6:40 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:25 p.m. and reconvened at 6:55 p.m. 09-784 Moved by Commissioner Peck, seconded by Commissioner Jennings, to recess into executive session for 15 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 7:10 p.m. Page 5 Commission Action # N N z w w 09 U 1 1 The City Commission recessed into executive session at 6:55 p.m. and reconvened at 7:22 p.m. No action was taken. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Peck, seconded by Commissioner Jennings, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 7:22 p.m. [SEAL] ATTEST: r yqt4�� � Lieu Ann Elsey, CMC, Ci Clerk Page 6