06-03-2013 MinutesCITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
June 3, 2013
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session on the Wings Over Salina Aviation
Experience Report. The Regular Meeting of the Board of Commissioners was called to order at
9 4:00 p.m. in Room 107, City -County Building. A roll call was taken followed by the Pledge of
' a Allegiance and a moment of silence.
3 Those present and comprising a quorum: Mayor Barbara V. Shirley (presiding), Commissioners
Jon R. Blanchard, Kaye J. Crawford, Randall R. Hardy, and Aaron Householter
Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager, Greg
Bengtson, City Attorney; and Lieu Ann Elsey, City Clerk
AWARDS AND PROCLAMATIONS
None.
CITIZEN FORUM
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Continuation of public hearing and report on Petition No. 4353 (filed by John Hendricks on
behalf of Premer Brothers Properties) requesting vacation of 30 feet of platted restricted
access on Lot 3, Block 2 of the Riffel Addition plus the abutting vacated right-of-way (3029
Riffel Drive) to allow a right in - right out driveway opening on the west side of South
Ninth Street (a distance of 515 feet south of Schilling Road). (This public hearing was
continued from the March 25, 2013 meeting.)
Dean Andrew, Director of Planning, explained the petition and request from the petitioner
' to continue the public hearing to June 17, 2013. Mr. Andrew then responded to
Commissioner Hardy's and Commissioner Blanchard's questions regarding continuation of
the hearing and review of the site plan.
Ken Wasserman, legal counsel representing the petitioner, commented on the original site
plan and future site plan. Mr. Wasserman then responded to Commissioner Blanchard on
when plans could be submitted for review.
Commissioner Blanchard felt that plans should be submitted to the Planning staff at least
two weeks prior to consideration to allow for review. Discussions then occurred between
Commissioner Blanchard, City Attorney Greg Bengtson, and Mr. Andrew regarding
revisions from the original petition request. Commissioner Blanchard continued to
comment on the importance of allowing review time and the need to submit completed
projects to the City.
13-0165 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to continue the
public hearing until June 24, 2013. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of May 20, 2013.
(6.2) Authorize purchase of one inline solids meter at the Wastewater Treatment Plant from HK
Instrument Systems in the amount of $16,500.
Commissioner Hardy requested that an "a" be removed from the second paragraph under
Item 8.5 of the minutes.
13-0166 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to approve the consent
agenda as amended. Aye: (5). Nay: (0). Motion carried.
BUSINESS
1) Authorize the Mayor to sign the Airport Industrial Center Subdivision No. 4 plat and
accept the utility easement dedications. (Application #P13 -4/4A)
Dean Andrew, Director of Planning, explained the request and the Planning Commission's
recommendation.
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13-0167 Moved by Commissioner Crawford, seconded by Commissioner Blanchard, to authorize the
Mayor to sign the Airport Industrial Center Subdivision No. 4 plat and accept the utih easement
dedications. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
w (8.1) First reading Ordinance No. 13-10698 amending Chapter 25, Article VIII, Section 25-141 of
the Salina Code pertaining to harassment by telecommunication device.
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(8.1a) Declare an emergency exists for second reading on the same day.
' (8.1b) Second reading Ordinance No. 13-10698.
Jason Gage, City Manager, noted that emergency action would not be necessary.
Christopher Getty, City Prosecutor, explained the proposed amendment.
A discussion followed with Mayor Shirley, Commissioner Crawford, Commissioner
Householter, Commissioner Hardy, and Mr. Getty regarding felony and misdemeanor
charges, enforcement, and work load.
Tracey Sin, 340 1/2 S. Connecticut, shared his experience of harassment.
13-0168 Moved by Commissioner Hardy, seconded by Commissioner Crawford, to pass Ordinance No. 13-
10698 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.2) Resolution No. 13-7009 adopting the Salina & Saline Counhj Economic Development Steering
Council 2013 Priorities.
Jason Gage, City Manager, summarized the plan.
Commissioner Householter encouraged the public to get involved and liked the SEED
money aspect of the plan.
Commissioner Crawford and Commissioner Blanchard commented on the local leadership
section of the plan.
Mr. Gage explained the purpose of the SEED funds.
Commissioner Blanchard expressed the need to monitor and hold accountability of
execution of the plan.
13-0169 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to adopt Resolution
No. 13-7009. Aye: (5). Nay: (0). Motion carried.
(8.3) Resolution No. 13-7006 authorizing an application to be submitted to the Kansas
Department of Transportation for use of Safe Routes to School federal funds and authorize
the City Manager to sign the application.
Dan Stack, City Engineer, explained the program and project.
Commissioner Hardy applauded U.S.D. 305 and staff for applying for grant funding. He
also commented on the community benefit of the trails.
Mr. Stack then responded to Commissioner Blanchard's question on the anticipated project
timeline. Commissioner Blanchard also concurred with Commissioner Hardy's comments.
13-0170 Moved by Commissioner Crawford, seconded by Commissioner Householter, to adopt Resolution
No. 13-7006. Aye: (5). Nay: (0). Motion carried.
(8.4) Authorize Supplemental Agreement No. 3 for construction services for Phase I -
Downtown Wellfield Improvements, Project No. 10-2840.
' Martha Tasker, Director of Utilities, explained the project and agreement. Ms. Tasker then
responded to Commissioner Hardy and Mayor Shirley on the life span of the
improvements and construction timeline.
13-0171 Moved by Commissioner Hardy, seconded by Commissioner Householter, to authorize
Supplemental Agreement No. 3 with HDR Engineering, Inc. for construction services for Phase I -
Downtown Wellfield Improvements, Project No. 10-2840 in an amount not to exceed $199,133.
Aye: (5). Nay: (0). Motion carried.
(8.5) Second reading of Charter Ordinance No. 37 repealing Charter Ordinance 14 that exempted
the City from provisions of K.S.A. 41-719 pertaining to consumption of alcoholic liquor in
public places.
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Mayor Shirley noted that Charter Ordinance No. 37 was passed on first reading on May 20,
(8.7) Second reading Ordinance No. 13-10697 amending Chapter 5, Article II and IV of the Salina
Code by permitting microbreweries.
Greg Bengtson, City Attorney, noted a modification that would need to be done due to the
outcome of Item 8.6.
' 13-0174 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to amend
Ordinance No. 13-10697 by removing Section 3 and adopting the ordinance on second reading as
amended. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Hardy, Householter, Shirley.
Nay: (0). Motion carried.
(8.8) Request for executive session.
13-0175 Moved by Commissioner Householter, seconded by Commissioner Crawford, to recess into
executive session for 20 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 at 5:50 p.m. Aye: (5). Nay: (0).
Motion carried.
The City Commission recessed at 5:30 p.m. and reconvened at 6:48 p.m. No action was
taken.
OTHER BUSINESS
None.
ADJOURNMENT
13-0176 Moved by Commissioner Crawford, seconded by Commissioner Hardy, that the regular meeting
of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 6:48 p.m.
[SEAL] .
ATTEST:
r
Lieu Ann Elsey, CMC, CQ Clerk
reMayor
A
Barbara V. Shi
Page 3
2013 and since that time no comments have been received.
13-0172
Moved by Commissioner Householter, seconded by Commissioner Hardy, to adopt Charter
Ordinance No. 37 on second reading. A roll call vote was taken. Aye: (5) Blanchard, Crawford,
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Hardy, Householter, Shirley. Nay: (0). Motion carried,
(8.6) First reading Ordinance No. 13-10699 amending Chapter 5, Sections 5-18 and 5-67 to allow
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Sunday sales of alcoholic liquor and cereal malt beverage in the original package and sale
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of alcoholic liquor on certain holidays in the original package.
'
Jake Peterson, legal counsel from Clark, Mize & Linville, explained the state statutes,
current regulations, proposed amendments, and petition referendum.
A discussion then followed between Mayor Shirley, Commissioners Householter and
Blanchard, City Attorney Greg Bengtson, Deputy City Manager Michael Schrage, and Mr.
Peterson regarding hours of operation, percentage of food sales, and whether a certain entity
or business advocated the proposed amendment. Mr. Schrage clarified that the original
request was for the City Commission to amend the section that dealt with microbreweries,
and the topic of the Sunday sales was brought forth by the Commission.
Kord Kelley, Big John's Brewing Company, expressed his support of the ordinance.
Commissioner Hardy felt that this amendment is a win, win situation for the city of Salina
and businesses.
13-0173
Moved by Commissioner Hardy, seconded by Commissioner Householter, to pass Ordinance No.
13-10699 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.7) Second reading Ordinance No. 13-10697 amending Chapter 5, Article II and IV of the Salina
Code by permitting microbreweries.
Greg Bengtson, City Attorney, noted a modification that would need to be done due to the
outcome of Item 8.6.
' 13-0174 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to amend
Ordinance No. 13-10697 by removing Section 3 and adopting the ordinance on second reading as
amended. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Hardy, Householter, Shirley.
Nay: (0). Motion carried.
(8.8) Request for executive session.
13-0175 Moved by Commissioner Householter, seconded by Commissioner Crawford, to recess into
executive session for 20 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 at 5:50 p.m. Aye: (5). Nay: (0).
Motion carried.
The City Commission recessed at 5:30 p.m. and reconvened at 6:48 p.m. No action was
taken.
OTHER BUSINESS
None.
ADJOURNMENT
13-0176 Moved by Commissioner Crawford, seconded by Commissioner Hardy, that the regular meeting
of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 6:48 p.m.
[SEAL] .
ATTEST:
r
Lieu Ann Elsey, CMC, CQ Clerk
reMayor
A
Barbara V. Shi
Page 3