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08-27-2012 MinutesCITIZEN FORUM Luella Tryon, 2122 Leland Way, expressed her concerns and opposition on water fluoridation. Dennis Bennott expressed his concerns on water fluoridation. AWARDS AND PROCLAMATIONS None. ' PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of August 20, 2012. (6.2) Resolution No. 12-6929 appointing members to various boards and commissions. 12-0214 Moved by Commissioner Householter, seconded by Commissioner Crawford, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application No. Z12-5 (filed by the Planning Cornmission) requesting the review and consideration of a possible amendment to the current prohibition on outdoor storage and outdoor display of goods in the C4 (Central Business) district. (7.1a) First reading Ordinance No. 12-10654. Dean Andrew, Director of Planning, explained the request, proposed amendment, and the Planning Commissions recommendation. Mr. Andrew noted that Phyll Klima with Salina Downtown, Inc. was present for any questions. ' A discussion followed between Commissioner Householter, Mr. Andrew, Mayor Jennings, and City Manager Jason Gage regarding the display of used goods, display of assembled merchandise for sale, display of boxed merchandise, defining merchandise, use of demonstration displays, and storage of inventory. Phyll Klima, SDI, commented on the property setback, and use of the property. 12-0215 Moved by Commissioner Householter, seconded by Commissioner Crawford, to pass Ordinance No. 12-10654 on first reading as modified and to include a definition of merchandise. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 12-10652 amending Chapter 5 regarding alcoholic beverages pertaining to the issuance of a Special Event Alcoholic Liquor Retailer's Permit, clarifying Page 1 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 27, 2012 4:00 p.m. E 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 Norman M. Jennings, Presiding Officer Commissioner Kaye J. Crawford Commissioner Aaron Householter Commissioner Barb Shirley Absent: Comrnissioner Samantha P. Angell comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk CITIZEN FORUM Luella Tryon, 2122 Leland Way, expressed her concerns and opposition on water fluoridation. Dennis Bennott expressed his concerns on water fluoridation. AWARDS AND PROCLAMATIONS None. ' PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of August 20, 2012. (6.2) Resolution No. 12-6929 appointing members to various boards and commissions. 12-0214 Moved by Commissioner Householter, seconded by Commissioner Crawford, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application No. Z12-5 (filed by the Planning Cornmission) requesting the review and consideration of a possible amendment to the current prohibition on outdoor storage and outdoor display of goods in the C4 (Central Business) district. (7.1a) First reading Ordinance No. 12-10654. Dean Andrew, Director of Planning, explained the request, proposed amendment, and the Planning Commissions recommendation. Mr. Andrew noted that Phyll Klima with Salina Downtown, Inc. was present for any questions. ' A discussion followed between Commissioner Householter, Mr. Andrew, Mayor Jennings, and City Manager Jason Gage regarding the display of used goods, display of assembled merchandise for sale, display of boxed merchandise, defining merchandise, use of demonstration displays, and storage of inventory. Phyll Klima, SDI, commented on the property setback, and use of the property. 12-0215 Moved by Commissioner Householter, seconded by Commissioner Crawford, to pass Ordinance No. 12-10654 on first reading as modified and to include a definition of merchandise. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 12-10652 amending Chapter 5 regarding alcoholic beverages pertaining to the issuance of a Special Event Alcoholic Liquor Retailer's Permit, clarifying Page 1 the title and application of the Cereal Malt Beverage Retailer's Permit and the sale of cereal malt beverages on licensed premises. (8.1a) Resolution No. 12-6931 adopting guidelines for approving and issuing Special Events Retailer's Permit for Alcoholic Liquor and Cereal Malt Beverages for sale and consumption on public property. w Mayor Jennings noted that Ordinance No. 12-10652 was passed on first reading on August A 13, 2012 and since that time no comments have been received. ' y Michael Schrage, Deputy City Manager, explained the proposed ordinance and guidelines. Greg Bengtson noted an email received in opposition of the ordinance. 12-0216 Moved by Commissioner Crawford, seconded by Commissioner Shirley, to adopt Ordinance No. 12-10652 on second reading. A roll call vote was taken. Aye: (4) Crawford, Householter, Shirley, Jennings. Nay: (0). Motion carried. 12-0217 Moved by Commissioner Householter, seconded by Commissioner Shirley, to adopt Resolution No. 12-6931. Aye: (4). Nay: (0). Motion carried. (8.2) Resolution No. 12-6930 amending Resolution No. 09-6681 authorizing and providing for the improvements to Fire Station #1 and providing for the payment of the costs. Rod Franz, Director of Finance and Administration, explained the authorization and project estimate costs. 12-0218 Moved by Commissioner Shirley, seconded by Commissioner Householter, to adopt Resolution No. 12-6930. Aye: (4). Nay: (0). Motion carried. (8.3) Resolution No. 12-6932 authorizing the submittal of an application to the Kansas Housing Resources Corporation for a Moderate Income Housing Grant and authorize the Mayor to sign the application. Gary Hobbie, Director of Development Services, explained the program, application, and financial requirements. 12-0219 Moved by Commissioner Crawford, seconded by Commissioner Householter, to adopt Resolution No. 12-6932. Aye: (4). Nay: (0). Motion carried. OTHER BUSINESS Jason Gage, City Manager, provided the Commission with an update on Petition No. 4349 and noted that the City Commission would consider that at their September 10, 2012 meeting. Don Merriman, County Clerk, and Greg Bengtson, City Attorney, responded to Commissioner Crawford's question regarding how the item will appear on the ballot. Both Mr. Merriman and Mr. Bengtson clarified that it would be the same as submitted by the petition. 12-0220 Moved by Commissioner Shirley, seconded by Commissioner Householter, to recess into executive session for 15 minutes to discuss with legal counsel matters subject to the attomey-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 at 5:05 p.m. Aye: (4). Nay: (0). Motion carried. The City Commission recessed into executive session at 4:50 p.m. and reconvened at 5:25 p.m. No action was taken. ADJOURNMENT 12-0221 Moved by Commissioner Shirley, seconded by Commissioner Householter, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting adjourned at 5:25 p.m. [SEAL] 4TTEST: r Lieu Ann Elsey%CMC, y Clerk %9 Norman . Jennings, Mayor Page 2