07-21-2014 Minutes7
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
July 21, 2014
4:03 p.m.
The City Commission convened at 2:30 p.m. for Budget: Issues and Options and at 3:45 p.m. for
Citizens Forum.
The Regular Meeting of the Board of Commissioners was called to order at 4:03 p.m. in Room 107,
City -County Building. Roll call was taken followed by the Pledge of Allegiance and a moment of
silence.
Those present and comprising a quorum: Mayor Aaron Householter (presiding), Commissioners
Jon R. Blanchard, Kaye J. Crawford, Randall R. Hardy, and Barbara V. Shirley.
Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager; Greg
Bengtson, City Attorney; and Shandi Wicks, Citv Clerk.
AWARDS AND PROCLAMATIONS
None.
CITIZEN FORUM
Lou Tryon, 2122 Leland Nay, Salina Cares, announced the submittal of the fluoride petition
to the City Clerk the morning of July 21, 2014.
Dennis Benoit, 1723 N. 20th Road, Kanopolis, provided information on fluoride in the water
in Salina.
John Perez, 2262 Sherwood Lane, Salina, provided his thoughts on fluoride in the city
coater.
Taber Perez, 728 Max Avenue, Salina, provided his thoughts on fluoride and the effects on
citizens' health.
Ray Hruska, 235 N. Santa Fe, provided information on fluoride in the city water.
Barbara Young, Triad Manufacturing and President of North Salina Community
Development, thanked the City Commissioners for their support for the East Iron
Neighborhood Grocery Store.
John Melvin, 1125 Columbine Circle, wanted to thank those involved for getting the new
grocery store in Salina. Mr. Melvin also provided information on fireworks, the current law
and affects on citizens.
Ray Hruska, 235 N. Santa Fe, asked if the City puts on the fireworks show at East Crawford
Recreation Area. Mavor Householter and Jason Gage, City Manager, responded.
Mr. Hruska also asked how many injuries occurred relating to the 4th of July fireworks,
questioned the involvement of AMBUCS selling fireworks and their participation with the
Skyfire event. Mayor Householter, Commissioner Blanchard and Mr. Gage responded.
Mr. Hruska asked who was investigating the information related to injuries, police and fire
calls due to fireworks. Mayor Householter, Commissioner Blanchard and 1\4r. Gage
responded.
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Vicki Kerbs, 2150 Roach, Salina, a volunteer at the Salina Animal Shelter, asked for
information on the status of a new dog park in south Salina. Jason Gage, City Manager, and
City Commissioner Blanchard responded.
Commissioner Blanchard thanked everyone who worked on the fluoride petition; citizens
z coming forward who expressed concerns with fireworks; and those who were involved in
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bringing the East Iron Avenue grocery store to Salina.
m PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
1 None.
U CONSENT AGENDA
(6.1) Approve minutes of July 14, 2014.
(6.2) Authorize the submittal of fiscal year 2014 Justice Assistance Grant program funds.
(6.3) Award of contract for Concrete Rehabilitation (Project No. 14-3019) to Bryant g Bryant
Construction, Inc. in the amount of 5362,834.96 with a 5% construction contingency of
$18,141.75.
Commissioner Blanchard requested that Item 6.2 be removed from the consent agenda.
14-0201 Moved by Commissioner Blanchard, seconded by Commissioner Shirley, to approve the consent
agenda as presented less item 6.2. Aye: (5). Nay: (0). Motion carried.
(6.2) Authorize the submittal of fiscal year 2014 Justice Assistance Grant program funds.
Sean Morton, Deputy Chief of Police, explained the program and use of funds.
14-0202 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to authorize the submittal
of fiscal year 2014 Justice Assistance Grant program funds. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Second reading of Ordinance No. 14-10741 providing for the vacation of a portion of a 7
foot east -Hest utility easement running along the South 7 feet of Lot 12, Block 1 of the
Holiday Addition and the vacation of a portion of the 7 foot east -west utility easement,
which occupies the North 7 feet of Lot 15, Block 1 of the Holiday Addition.
Mayor Householter noted that Ordinance No. 14-10741 was passed on first reading on July
14, 2014 and since that time no comments have been received.
14-0203 Moved by Commissioner Shirley, seconded by Commissioner Blanchard, to adopt Ordinance No.
14-10741 on second reading. A roll call vote was taken. Ave: (5) Blanchard, Crawford, Hardy,
Shirley, Householter. Nay: (0). Motion carried.
(7.2) Resolution No. 14-7122 authorizing the Mayor to sign the agreement with Union Pacific
Railroad to perform at -grade public road crossing improvements on Ninth Street, Project No. 14-
3045.
Dan Stack, City Engineer, explained the agreement, improvements, funding and fiscal
impact.
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Commissioner Shirley asked if a timeline has been set for the project. Mr. Stack responded.
Commissioner Blanchard asked if the railroad portion of the project is four weeks or if that
includes the city work. Mr. Stack responded.
Commissioner Crawford thanked Mr. Stack for all his work on this project.
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w Jason Gage, City Manager, explained the maintenance obligation of the Union Pacific
= Railroad.
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Commissioner Hardy asked if the cost of the crossing was based on wood or concrete
° materials and what the benefits were to using concrete over wood. Mr. Stack and Mr. Gage
responded.
Commissioner Blanchard asked if there are just three crossings on Ninth Street. Mr. Stack
responded.
14-0204 Moved by Commissioner Hardy, seconded by Commissioner Shirley, to adopt Resolution No. 14-
7122. Aye: (5). Nay: (0). Motion carried.
(7.3) Amendments to Salina Code and Resolution prompted by enactments of the 2014 Kansas
Legislature relating to regulation of firearms and knives.
(7.3a) First reading Ordinance No. 14-10743 amending Salina Code Sections 25-151 and
25-153, clarifying the City's statutory authority to regulate firearms and knives in
accordance with Chapter 97 of the 2014 Kansas Session Laws.
(7.3b) Declare an emergency exists for second reading on the same day.
(7.3c) Second reading Ordinance No. 14-10743.
(7.3d) Resolution No. 14-7121 prohibiting the open carrying of firearms in municipally -
owned buildings under resolution option #1, which applies this prohibition to all
municipally -owned buildings or resolution option #2, which applies only to those
municipally -owned buildings in which the concealed carrying of firearms is already
prohibited under the statutorily authorized, four-year exemption.
Jason Gage, City Manager, explained the amendment, state law changes, resolution options
and recommended action.
Commissioner Hardy asked if there was a certification class for open carry. Mr. Gage
responded.
Commissioner Hardy asked if open carry was available for everyone. Mr. Gage responded.
Commissioner Blanchard asked if employees would be allowed to open carry and/or
conceal carry. Mr. Gage responded.
Commissioner Blanchard expressed his concerns with employees being allowed to conceal
carry.
Commissioner Crawford noted that she did not understand the whole thing and that the
state has taken away local government power. Mr. Gage responded.
Commissioner Hardy asked about word selection in Section 25-151 (a) 3 within the draft
ordinance provided to the commission. Mr. Gage, Jake Peterson, Clark, Mize & Linville,
and Christopher Getty, City Prosecutor, responded.
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Mayor Householter asked for a four minute break.
Jason Freeman, 2515 S. Ohio, asked for a clarification on what was going to be voted on.
Mr. Gage and Mayor Householter responded.
Mr. Freeman asked if open carry is currently legal in Salina. Mr. Gage responded.
w Mayor Householter asked if open carry has always been legal in Salina. Mr. Getty and Mr.
Gage responded.
N
Mr. Freeman asked if the current topic is for city owned buildings only and what defines
open carry and conceal carry. Mr. Getty responded.
Commissioner Blanchard asked about the blanket liability exemption. Mr. Peterson
responded.
14-0205 Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to pass Ordinance No. 14-
10743 on first reading. Aye: (5). Nay: (0). Motion carried.
14-0206 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to declare a compelling
public purpose exists for second reading approval of Ordinance No. 14-10743 on the same day as
the first reading. Aye: (5). Nay: (0). Motion carried.
14-0207 Moved by Commissioner Blanchard, seconded by Commissioner Shirley, to adopt Ordinance No.
14-10743 on second reading. A roll call vote was taken. Ave: (5) Blanchard, Crawford, Hardy,
Shirley, Householter. Nay: (0). Motion carried.
Commissioner Hardy provided his thoughts on the options available for open carry.
Mayor Householter provided his thoughts and concerns on open carry.
Commissioner Blanchard provided his thoughts on the distractions of open carry.
Commissioner Hardy noted there was a big difference between open carry and conceal
carry.
Commissioner Crawford provided her thoughts on the allowing of guns in municipal
buildings.
Mayor Householter provided additional thoughts on the allowing of guns in municipal
buildings.
Mr. Freeman asked if additional costs will be incurred if open carry guns are not allowed in
municipal buildings. Mr. Gage responded.
Mayor Householter provided his thoughts on regarding law abiding gun owners.
Commissioner Hardy stated that it has not been an issue in the thirty years he has lived in
Salina and that discussing it may bring more attention to the matter.
14-0208 Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to adopt Resolution
No. 14-7121 directing staff to post all municipally -owned buildings with signage to prohibit the
open carrying of firearms as specified by the Kansas Attorney General's Office. Aye: (5). Nay: (0).
Motion carried.
(7.4) First reading Ordinance No. 14-10740 managing the use and occupancy of the public right-
of-way by utility service providers in the City of Salina, Kansas.
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Dan Stack, City Engineer, explained the background, fiscal impact and recommended
action.
Jason Gage, Citv Manager, asked for Mr. Stack to explain how staff has worked with the
utility companies in receiving comments on the ordinance drafts submitted to them. Mr.
z Stack responded.
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Commissioner Hardy asked how the city can be competitively neutral with providers in the
right-of-way specifically in relation to telephone poles and the potential of cable not being
o placed in the exact spots shown on the as -build drawings. Mr. Gage and Mr. Stack
responded.
Commissioner Hardy asked about the general right-of-way use regulations and the city's
ability to reserve sufficient space within the right-of-way for existing or future public
improvements. Air. Gage and Mr. Stack responded.
Commissioner Blanchard asked if restoring property in the right-of-wav was included in
the right-of-way management ordinance. Mr. Stack responded.
14-0209 Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to pass Ordinance No. 14-
10740 on first reading. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(8.1) Application #Z14-5 (filed by Salina City Planning Commission), requesting the addition of
Section 42-70 to establish zoning regulations for siting and placement of wireless
telecommunications facilities, including antennas and equipment, within public rights-of-
way in the city, of Salina.
(8.1a) First reading Ordinance No. 14-10744.
Dean Andre,,v, Director of Planning, explained the request, proposed zoning text
amendment, permit requirements, Planning Commission recommendations and the
recommended action.
Commissioner Blanchard asked about the waiver and the need to go back to the Planning
Commission for approval. Mr. Andrew responded.
Commissioner Crawford asked if there were trees in the way for an antenna to be placed on
top of a power pole in the right-of-way, who is responsible for trimming the trees. Mr.
Andrew responded.
Commissioner Blanchard asked how often the cabinets would need maintenance and if it's
an administrative role to recommend a specific color of cabinet in a specific neighborhood.
Mr. Andrew responded.
Commissioner Hardy asked if the pole owner would have the right to deny an antenna
mounted on top of the pole and if the provider could then request a ground mounted
cabinet. Mr. Andrew, Jason Gage, City Manager, and Aaron Martin, Clark, Mize 8r Linville,
responded.
Mr. Gage asked if the antenna could not be placed on the pole and required a cabinet
installed next to the pole, would this need a special permit for placement. Mr. Martin
responded.
Commissioner Hardy asked if it is more of a convenience to place on the pole instead of
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putting in a new pole or installing a cabinet next to the pole. Mr. Martin responded.
Mr. Gage read a section of the draft ordinance pertaining to support structures and
equipment.
Commissioner Blanchard asked if service was discontinued and the box is unused and
w abandoned, were there any regulations for removal of the facility. Mr. Martin responded.
N Greg Bengtson, City Attorney, noted the revisions and modifications that staff had added
to the ordinance and the action on this item will need to include whether the commission
wants to include those items.
14-0210 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to pass Ordinance No. 14-
10744 on first reading and approve proposed zoning text amendment on first reading with any
revisions and modifications as added by staff. Ave: (5). Nay: (0). Motion carried.
OTHER BUSINESS
(9.1) Request for executive session (legal/ personnel).
14-0211 Moved by Commissioner Crawford, seconded by Commissioner Shirley, to recess into executive
session for 45 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 for the purpose of discussing matters pertaining to non-
elected City personnel for the reason that public discussion of the matter would violate the privacy
rights of the non -elected personnel involved and reconvene at 7:35 p.m.
The City Commission recessed for a five minute break and then into executive session at
6:50 p.m. and reconvened at 7:35 p.m. No action was taken.
ADJOURNMENT
14-0212 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, that the regular meeting
of the Board of City Commissioners be adjourned. Aye: (5). (0). Motion carried. The
meeting adjourned at 7:35 p.m.
[SEAL]
ATTEST:
ShaAdi Wicks, 4C, City Clerk
n
Aaron K. Householter, Mayor
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