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10-10-2011 Minutes1 1 1 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 10, 2011 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 - ca County Building. A roll call was taken followed by the Pledge of Allegiance and a moment of silence. There were present: 0 Mayor Samantha P. Angell, Presiding Officer Commissioner Aaron Householter Commissioner Norman Jennings Commissioner Barb Shirley comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: Commissioner Kaye J. Crawford CITIZEN FORUM None. AWARDS AND PROCLAMATIONS (4.1) The week of October 16-22, 2011 as "Friends of the Library Week" in the city of Salina. Marcia Anderson, Friends of the Salina Public Library Board member read the proclamation and announced upcoming events. (4.2) The day of October 10, 2011 as "Put the Brakes on Fatalities Day" in the city of Salina. David Greiser, Public Affairs Officer with the Kansas Department of Transportation, read the proclamation and announced upcoming events. (4.3) The week of October 9-15, 2011 as "Fire Prevention Week" in the city of Salina. Roger Williams, Fire Marshal, read the proclamation and announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of September 26, 2011. (6.2) Resolution No. 11-6855 appointing members to the Accessibility Advisory Board, Convention and Tourism Committee, and the Heritage Commission. (6.3) Authorize the repair of the sewer vacuum trailer unit by Key Equipment & Supply Company in the amount of $24,580.65. (6.4) Resolution No. 11-6857 authorizing the purchase of wellness fair services from Comcare. 11-1258 Moved by Commissioner Householter, seconded by Commissioner Shirley, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) First reading Ordinance No. 11-10622 requesting approval of a text amendment to Article IV, Division 14 of the Salina Zoning Ordinance to amend the C-4 Central Business District regulations to remove tattoo parlors and body piercing studios from the list of prohibited used in Section 42-303.1 and add tattoo parlors and body piercing studios to the list of Conditional Uses in Section 42-303. Dean Andrew, Director of Planning, explained the district, PUMA study, conditional uses, request, state licensing requirements, comprehensive plan, and the Planning Commission s recommendation. A discussion followed between, Commissioner Jennings and Mr. Andrew regarding the make up of the BID Board of Advisors, notification area, and mixed use. Page 1 N z EL LUm J 1 11-1251 Mr. Andrew also responded to Mayor Angell's questioned on the number of signatures on the petition that listed 101 N. Santa Fe as an address. ' A discussion followed between City Manager Jason Gage, Mr. Andrew, Mayor Angell, and Commissioner Householter regarding studies that show the effects of this type of business in certain areas. Mayor Angell clarified that the text amendment does not approve the parlor going into a certain location, but allows someone to apply to. Kenneth Stromberg, commented that the City of Wichita does not allow this .type of business in the downtown district and was restricted in certain districts and locations from residential areas. He expressed his concerns it would have on the surrounding property and negativity portrayed from the social media has affected their business and them personally. He then responded to Mayor Angell's question on how many feet away was his property from the Inferno Bar. Jim Ravenkamp, 652 S. Santa Fe, commented on his request of the text amendment. Mr. Ravenkamp continued to explain that he did not understand why there is such a negative view on the parlors and does not believe it would have a negative impact. He also commented on the poster that was circulated in the downtown area and felt that it was not appropriate. Phyll Klima, Salina Downtown, Inc. Executive Director, clarified that all members of the BID (Lee District) Board of Advisors were property or business owners or employees within the district. She also noted that all members within the district received notification of the proposed amendment. Andra Pfeifer, 523 W. Jewell, expressed her opposition of the amendment and that the people that had booths within her business also signed the petition. Commissioner Shirley questioned Ms. Pfeifer on her intentions when distributing the poster; if the businesses and individuals approved their logos and pictures being placed on the poster. Ms. Pfeifer responded that the poster was not meant to be made public and did not mean to offend anyone. Mayor Angell question on how many people are employed within the district. Ms. Klima stated that there were roughly 2,500 people and this did not include vendors or booths that are considered consignment. William Justice, Woods Cafe, felt that because there was no real argument that these parlors have a negative effect on surrounding business, that it would send a negative message if it was not allowed. He also felt that the picture of the individual with his face fully covered with tattoos and piercings is not realistic and showed a sign of prejudice. Jessica Thornhill felt that majority of the people either knows someone or has a tattoo or, tattoos and they are not bad people. Alan Strong explained that he is an associate at Wal-Mart and sees a lot of diversity in his workplace. He has always received compliments on his tattoos and never had a negative reaction. Travis Thornhill felt that individuals that are opposed to the amendment do not have a valid reason. He continued by stating that the market demographics have changed; in addition he has never tattooed a person's face nor would he do it. Commissioner Shirley questioned Mr. Thornhill on how they dispose of the needles. Mr. Thornhill responded noting the regulations they follow. Moved by Commissioner Shirley, seconded by Commissioner Householter, to pass Ordinance No. 11-10622 on first reading. A discussion followed between the Commission, Mr. Gage, Mr. Andrew and City Attorney Greg Bengtson on land use, applying of conditions, state regulations, and notification of the surrounding property owners. Commissioner Jennings felt that: the entire business district should receive notification and not just the 200 feet radius. Commissioner Householter expressed his concerns of alienating this type of business to different requirements; however, he would support it if needed to pass the ordinance. Page 2'I 1 1 n 11-1260 Moved by Commissioner Householter, seconded by Commissioner Shirley, to amend Motion No. 11-1259 by increasing the notification area to include the entire Lee District. Aye: (4). Nay: (0). Motion carried. Mayor Angell called the question to Motion No. 11-1259 as amended. Aye: (4). -Nay: (0). Motion carried. Z Ld ADMINISTRATION c (8.1) Authorize the purchase of two used vehicles for the Fire Department from the Kansas 0 Highway Patrol. N C Chief Larry Mullikin explained the purchase and funding. 11-1.261 Moved by Commissioner Householter, seconded by Commissioner Shirley, to authorized the City Manager to purchase two used vehicles from the Kansas Highway Patrol in the amount of $29,400. Aye: (4). Nay: (0). Motion carried. (8.2) First reading Ordinance No. 11-10620 amending Chapter 38, Article I11, Section 38-45 of the Salina Code by increasing overtime parking fines. Chief James Hill summarized the current fines, proposed fines, and booting and towing of vehicles. Chief Hill then responded to Commissioner Jennings' question regarding the fine for over 30 days. John Blanchard, 1117 W. State Street, asked if there were any consideration made on when the parking ticket fee becomes a burden on the person and then decide to take their business out of the downtown area. Jason Gage, City Manager, commented on the use and the demand of spacing. Phyll Klima, Salina Downtown, Inc. noted that the membership was made fully aware of the increase and there is ample long term parking. 11-1262 Moved by Commissioner Jennings, seconded by Commissioner Householter, to pass Ordinance No. 11-10620 on firs reading. Aye: (4). Nay: (0). Motion carried. (8.3) First reading Ordinance No. 11-10621 amending Chapter 38, Article III of the Salina Code by adding Division 2 pertaining to towing and storage of vehicles. Chief James Hill outlined the proposed ordinance. A discussion followed between Commissioner Householter, Mayor Angell, City Manager Jason Gage, Commissioner Jennings, and Chief Hill regarding obtaining personal property from towed vehicles. Micah Wenger, Auto House Towing, responded to the Commissions concerns regarding the proper identification required to obtain personal property. Sharon Unruh, Auto House Towing, commented on the retrieval and releasing of personal property from towed vehicles. A discussion followed between Commissioner Householter, Mayor Angell, Chief Hill, City Manager Jason Gage, Commissioner Jennings and Ms. Unruh regarding receipt of payment for towing, release of personal property, towing with prior consent, and towing notices. 1.1-1263 Moved by Commissioner Householter, seconded by Commissioner Shirley, to pass Ordinance No. 10-10621 on first reading with the amendments to modifying the demonstrating of proof, towing notification, and allowing notification to the Police Department by e-mail, fax, or phone. Aye: (4). Nay: (0). Motion carried. OTHER BUSINESS None. ADJOURNMENT 11-1264 Moved by Commissioner Shirley, seconded by Commissioner Householter, that the regular meeting of the Board of City Commissioners be adjourned. Aye:(4). WAnelM1,Mayor 'n carried. The meeting adjourned at 6:04 p.m. [SEAL] Samantha T* Lieu Arm Elsey, CMC, C Clerk Page 3