Loading...
08-04-2014 MinutesN N Z w ca En N C U CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 4, 2014 4:00 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 4:00 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. Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager; Greg Bengtson, City Attorney; and Miki Orr-Muths, Administrative Assistant. Absent: Commissioner Barbara V. Shirley AWARDS AND PROCLAMATIONS None. CITIZEN FORUM Dennis Benoit, 1723 North 20th Rd Kanapolis, Kansas, spoke about fluoride in tap water and staying hydrated during hot weather and the concentration of fluoride in the water. Commissioner Blanchard encouraged citizens to stay hydrated in hot weather and if they had a concern regarding fluoride in the water, they should consult their physician. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Comments on proposed 2015 budget. Mayor Householter opened the floor regarding the proposed budget. No comments received. (5.2) Public hearing and report on Petition No. 4366, (filed by Rusty Leister), requesting the vacation of the North 10 Feet of East Lincoln Avenue abutting Lot 10 plus the abutting vacated alley right-of-way, in Block 11 of the Calkins Addition to the City of Salina, Saline County, Kansas. (5.2a) First reading Ordinance No. 14-10747. Dean Andrew, Director of Planning, explained the current request, affected public and franchise utilities and recommended action. Commissioner Hardy asked if Mr. Andrew thought other businesses would need the same considerations in the future. Mr. Andrew responded. Commissioner Blanchard asked about the 5 feet of the vacated alley, the buildings encroaching .10 feet on the right-of-way and zoning of the area. Mr. Andrew responded. Page 1 u 14-0219 14-0220 14-0221 /loved by Commissioner Crawford, seconded by Commissioner Blanchard, to pass Ordinance No. 4-10747 on first reading requesting the vacation of the North 10 Feet of East Lincoln Avenue butting Lot 10 plus the abutting vacated alley right-of-way, in Block 11 of the Calkins Addition to he City of Salina, Saline County, Kansas. Aye: (4). Nay: (0). Motion carried. AGENDA 6.1) Approve minutes of July 28, 2014. 6.2) Resolution No. 14-7126 authorizing the Mayor to execute a contract with Glassman Corporation, setting forth the terms and conditions for the replacement of the chiller at the Salina Police Department Administrative Building, Project No. 14-3036. 6.3) Award of contract for the Wastewater Collection System Telemetry Improvements, Project No. 13-3009 to HOA Solutions, Inc. in the amount of $537,500. 4oved by Commissioner Hardy, seconded by Commissioner Blanchard, to approve the consent genda as presented. Aye: (4). Nay: (0). Motion carried. MINISTRATION .1) Resolution No. 14-7125 authorizing the Mayor to execute an Extension to Management Agreement with Global Spectrum, LP, to extend the term of the Bicentennial Center Management Agreement for an additional one year. Dion Louthan, Director of Parks and Recreation, explained the extension, fiscal impact and recommended action. Rick Hontz, Global Spectrum, spoke to the Commission regarding past events, successes, and future events. Commissioner Blanchard commented that Global Spectrum has been doing a spectacular job and has heard positive comments from citizens in the community. Commissioner Hardy asked who made money from the events and added Global Spectrum was doing a great job. Mr. Hontz responded. Commissioner Crawford noted that at the time of the initial contract there was some controversy and was happy that it has been successful. Mayor Householter commented on the remodeling. Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to adopt Resolution No. 14-7125 executing an Extension to Management Agreement with Global Spectrum, LP, to extend the term of the Bicentennial Center Management Agreement for an additional one year. Aye: (4). Nay: (0). Motion carried. IDEVELOPMENT BUSINESS (8.1) Application #Z14-4 (filed by the Salina City Planning Commission) requesting amendment of Chapter 42 of the Salina Code relating to electronic cigarettes, electronic cigarette establishments, hookah establishments and tobacco shops. (8.1a) First reading Ordinance No. 14-10746. Dean Andrew, Director of Planning, explained the amendment, Planning Commission recommendation and recommended action. Page 2 L C 7 Commissioner Hardy asked about electronic cigarettes being used in establishments that do not allow smoking and inquired about a slide from the presentation that stated electronic cigarettes may contain carcinogenic materials. Mr. Andrew, Jason Gage, City Manager, and Greg Bengtson, City Attorney, responded. Commissioner Hardy stated that he felt there could be a concern about what was being expelled in the vapor of the electronic cigarette. Mayor Householter stated that at this time he did not want to address health concerns that haven't had data collected or been reported on by the FDA. Commissioner Crawford stated she appreciated Commissioners Hardy's concerns about health issues. Commissioner Blanchard questioned age restrictions, FDA regulations on nicotine in electronic cigarettes and zoning specifications for conditional use. Mr. Andrew and Mr. Gage responded. Ray Hruska, 235 N Santa Fe, stated his concerns with conditional use permits and felt unnecessary rules were not needed. Mayor Householter stated that it is difficult to regulate new businesses, and understood Mr. Hruska's point of view, but there are standards and codes that need to be followed. Mayor Householter stated he preferred having things in place prior to any issues occurring and that business licensing could address these types of issues. Mayor Householter stated that currently there is not business licensing in the City, but that it could help with potential problems. Mr. Hruska asked why a person had to ask for permission to open a business. Commissioner Blanchard responded that there were zoning issues that needed to be adhered to and stated that is what was being discussed at this time. Commissioner Hardy stated that he was not interested in regulating these types of establishments; he was trying to make a distinction between mixed crowds and asked for clarification on hookah bars. Greg Bengtson, City Attorney, and Mr. Andrew responded. Jason Gage, City Manager, explained permitted uses and conditional uses. Commissioner Hardy asked for clarification on the reasons for prohibiting hookah establishments and how tobacco shops were affected. Greg Bengtson, City Attorney, and Mr. Andrew responded. Commissioner Crawford asked why we are looking at this Ordinance, and were there applications. Mr. Andrew responded. Commissioner Blanchard asked about pre-existing and non conforming uses. Mr. Andrew responded. Greg Bengtson, City Attorney, explained the Moratorium that was brought to the Commission so that staff could make decisions based on the direction of the Commission through the process. Mr. Hruska asked how this would apply to his business and what he could do. Mr. Gage responded. The Commission, Mr. Andrew and Mr. Gage discussed various options for a motion. Mayor Householter stated his desire to have a business licensing process in the City of Salina. He felt having a process in place would have stopped this type of concern in regards to zoning codes and would consider voting against the passing of the ordinance. Mr. Gage and Mr. Bengtson responded. Page 3 N N Z w C 14-0223 Commissioner Crawford asked what would happen if no changes were made. Mr. Gage responded. Mr. Gage asked for clarification from the Commission for existing businesses, the time frame for them to obtain conditional use permits and asked Mr. Bengtson about verbal direction concerning existing businesses. Commissioner Hardy asked about sampling in e -cigarette establishments and tobacco shops. Mr. Andrew, Mr. Gage and Mr. Bengtson responded. Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to pass Ordinance No. 14- 10746 on first reading establishing electronic cigarette establishments and tobacco shops as conditional use in all commercial districts except C-1, C-7 and in I-2 and I-3 zones. Aye: (4). Nay: (0). Motion carried. Mr. Bengtson explained that the moratorium is still in effect and existing establishments could be addressed upon second reading of the ordinance. I OTHER BUSINESS (9.1) Fireworks report from City Manager. Jason Gage, City Manager, explained the report that was given to the Commissioners regarding fireworks complaints, Police Department calls for services and citations issues, Fire Department injury responses and fire -related calls for service, and nuisance related (trash and noise) calls or complaints. Commissioner Blanchard asked about the number of service calls on the report, and if there were any citations on illegal fireworks. Captain Sean Morton, Salina Police Department, Mr. Gage and Dean Andrew, Director of Planning, responded. Commissioner Crawford stated that she hoped we didn't have to wait until someone was hurt to make a change like what happened with Pit Bulls. Commissioner Hardy spoke about a discussion he had with local youth regarding fireworks and stated that having a designated area may be helpful. Commissioner Blanchard stated that it was fortunate that it was a wet year. Chief Larry Mullikin, Salina Fire Department, responded. Commissioner Hardy stated that it was difficult to have an Ordinance on record that is unenforceable. Mr. Gage, Chief Mullikin, and Captain Morton responded. Commissioner Crawford expressed condolences for the Pemey family. (9.2) Request for executive session (legal/ personnel). Moved by Commissioner Crawford, seconded by Commissioner Blanchard, 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 for the purpose of discussing matters pertaining to non -elected City personnel for the reason that public discussion of the matter would Page 4 14-0224 N Z a W ® 14-025 violate the privacy rights of the non -elected personnel involved and reconvene at 6:35 p.m. Aye: (4). Nay: (0). Motion carried Moved by Commissioner Hardy, seconded by Commissioner Crawford, to extend the current executive session for an additional 5 minutes. Aye: (4). Nay: (0). Motion carried The City Commission recessed into executive session at 6:35 p.m. and reconvened at 6:40 p.m. ADJOURNMENT Moved by Commissioner Hardy, seconded by Commissioner Crawford, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (4) N : (0). Motion carried. The meeting adjourned at 6:40 p.m. [SEAL] I ATTEST: Wicks, CMC, City Clerk Aaron J. Householter, Mayor Page 5