08-11-2014 MinutesL
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
August 11, 2014
4:00 p.m.
The City Commission convened at 3:15 p.m. for Budget 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, and Barbara V. Shirley.
Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager; Greg
Bengtson, City Attorney; and Shandi Wicks, City Clerk.
AWARDS AND PROCLAMATIONS
None.
CITIZEN FORUM
Randall Holm, 848 Custer, asked the City Commission to look at better moves for water
conservation and would like a plan adopted to promote not regulate drought tolerant
plants and grasses and suggest the use of gray water or rain water. Mr. Holm would also
like to see the city look into enforcement on lawn sprinklers and excess water on roads.
Mayor Householter and Jason Gage, City Manager, responded.
Ernest Vinson, 2633 E. Key Avenue, spoke about better enforcement on watering in Salina,
registering of guns in the State of Kansas and the need to increase the minimum wage.
Jason Gage, City Manager, provided information on the water conservation plan and the
levels of restrictions on watering.
Commissioner Shirley asked how the cities in western Kansas handle water regulations.
Mr. Gage and Martha Tasker, Director of Utilities responded.
Commissioner Hardy asked if we have invoked water restrictions while using the inflow of
water from Kanopolis Lake. Ms. Tasker and Mr. Gage responded.
Commissioner Hardy spoke about the percentage of water used by municipalities.
Commissioner Blanchard asked for a summary of the effluent reuse program. Ms. Tasker
responded.
Ray Hruska, 235 N. Santa Fe, asked what the cost is to send an automated notification to
the citizen for a late water bill. Jason Gage, City Manager responded. A conversation
ensued between the City Commissioners regarding the automated notification for a late
water bill. Rod Franz, Director of Finance responded.
Norman Mannel, 7532 W. Pleasant Hill Road, provided information on the need for water
conservation.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on the proposed 2015 budget.
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(5.1a) First reading Ordinance No. 14-10751 adopting the budget.
Mayor Householter opened the public hearing.
Rod Franz, Director of Finance, summarized the proposed budget, challenges, revenues,
proposed mill levy and expenditures.
Commissioner Blanchard asked if the city has an accounting on the property tax
abatements (IRB and neighborhood revitalization rebate) the city commission has passed in
the past and how much the amount would be. Jason Gage, City Manager, responded.
Commissioner Blanchard noted the increase in the mill levy for 2014 and asked if this
increase will continue for 2015. Mr. Franz responded.
Mr. Gage provided information on the number of city employees currently on staff and the
change from last year, the transition to decrease the number of employees through attrition
and continuous process improvement (CPI).
Ray Hruska, 235 N. Santa Fe, asked for the definitions of the types of property tax
abatements available. Jason Gage, City Manager, responded.
Mary Mertz, 1936 Queens Road, asked why the budget increased for 2015 even though the
health department is no longer part of the city departments and the animal shelter has been
added. Mr. Franz responded.
Randall Holm, 848 Custer, thanked staff for their work on the 2015 budget and would like
to encourage and challenge the commissioners and city staff to save money. Jason Gage,
City Manager, responded.
There being no further comments the public hearing was closed.
Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to pass Ordinance No. 14-
10751 on first reading. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve minutes of August 4, 2014.
(6.2) Authorize the Mayor to sign the Kansas Department of Transportation Agreement to accept
funding to interconnect and adjust timings for traffic signals along the Ohio Street corridor.
Moved by Commissioner Crawford, seconded by Commissioner Blanchard, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Second reading Ordinance No. 14-10747 providing for 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, Kansas.
Mayor Householter noted that Ordinance No. 14-10747 was passed on first reading on
August 4, 2014 and since that time no comments have been received.
Moved by Commissioner Shirley, seconded by Commissioner Blanchard, to adopt Ordinance No.
14-10747 on second reading. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Hardy,
Shirley, Householter. Nay: (0). Motion carried.
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(7.2) Second reading Ordinance No. 14-10746 relating to establishing zoning regulations
governing the permitted location of e -cigarette establishments, tobacco shops and hookah
establishments within the city of Salina.
Dean Andrew, Director of Planning, explained the ordinance modifications, moratorium
and the effect on the two electronic cigarette establishments currently open.
Commissioner Blanchard asked if the two businesses affected are aware of the conditions.
Mr. Andrew responded.
Greg Bengtson, City Attorney, provided additional information regarding the moratorium
and the additional motion regarding the deadline for the two businesses currently open.
Ray Hruska, 235 N. Santa Fe, would like to repeat his objection to this ordinance and asked
if the zoning code for the City of Salina is complaint driven. Jason Gage, City Manager,
responded. Mr. Hruska does not think business owners should have to get a permission to
operate in the city. A conversation ensued between Mr. Hruska and Mr. Gage regarding the
regulating of businesses in the city and the requirements for licenses. Mr. Andrew provided
additional information regarding the businesses allowed to be performed in your home
under a home occupation certificate.
Moved by Commissioner Hardy, seconded by Commissioner Shirley, to adopt Ordinance No. 14-
10746 on second reading. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Hardy,
Shirley, Householter. Nay: (0). Motion carried.
Moved by Commissioner Hardy, seconded by Commissioner Crawford, to allow the business
known as Juicy's located on South Ninth Street and the business known as Vape's located on East
Iron Avenue until October 31, 2014 to diligently pursue and complete the process necessary to
determine whether it can obtain a conditional use permit for its current location. Aye: (5). Nay:
(0). Motion carried.
(7.3) First reading Ordinance No. 14-10748 levying special assessments against certain lots and
pieces of property to pay the cost of abatement of nuisances.
Andi Willems, Deputy Director of Finance, explained the assessments.
Commissioner Hardy asked if an administrative fee is included for the abatements and if
staff sees an increase in the number of nuisance abatements in the future. Gary Hobbie,
Director of Development Services, responded.
Commissioner Crawford spoke of being amazed about the number of owners that do not
care for their properties.
Commissioner Hardy asked if the majority of the abatements are for absentee property
owners. Mr. Hobbie responded.
Commissioner Crawford asked if the city can assess the abatements for foreclosed
properties to the banks. Mr. Hobbie responded.
Commissioner Blanchard asked if staff has mapped the abatements from the community on
a map. Mr. Hobbie responded.
Randall Holm, 848 Custer, spoke about properties located next to a railroad and the
perception of the community on the difference in treatment between the property owners
and the railroad. Jason Gage, City Manager, Michael Schrage, Deputy City Manager, and
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Mr. Hobbie responded.
Ray Hruska, 235 N. Santa Fe, asked how the administrative costs are determined. Mr.
Hobbie and Mr. Gage responded.
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14-0Z1 Moved by Commissioner Crawford, seconded by Commissioner Blanchard, to pass Ordinance No.
a. 14-10748 on first reading. Aye: (5). Nay: (0). Motion carried.
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(7.4) Consideration of Ordinance No. 14-10749 repealing Ordinance No. 7096, which authorized
and directed the Water Department of the City of Salina, Kansas to install and operate
equipment which will fluoride the water supply system in the City of Salina, Kansas.
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Consideration of Ordinance No. 14-10750 calling a special election submitting to the vote of
the electors of the City of Salina, Kansas, in accordance with the initiative and referendum
statute (K.S.A. 12-3013), an Ordinance repealing Ordinance No. 7096, which authorized and
directed the Water Department of the City of Salina, Kansas to install and operate
equipment which will fluoride the water supply system in the City of Salina, Kansas.
Mayor Householter requested a five minute break at 5:35 p.m. and reconvened at 5:40 p.m.
Greg Bengtson, City Attorney, explained the Kansas statutes, submission of the petition,
and the proposed ordinances.
Ray Hruska, 235 N. Santa Fe, asked if the City Commission would repeal Ordinance No.
7096, when can the item be acted on again. Mr. Bengtson responded.
A conversation ensued between the Commission, Mr. Hruska and Mr. Bengtson regarding
the appealing of the original ordinance, the referendum and the ability to re -adopt the item
in the future.
Mr. Bengtson provided information from the state statute regarding the ability to act on the
item in the future.
Randall Holm, 848 Custer, provided his thoughts on fluoridation and the health affects to
the citizens.
Judy Larson, 715 N. Ninth, provided information on fluoridation and when it was adopted
in the mid 1950's.
Alan Reid, Orthodontist, 920 E. Cloud, would like the commission to make a conscious
decision and provided information on the benefits of fluoride and suggested the
commission letting the matter go to a vote.
Lou Tryon, 2122 Leland Way, provided information on the use of fluoride and the
American Dental Association.
Alison Lesco, Salina Dental Arts, 1829 South Ohio, provided information on the use of
fluoride, the health facts regarding dental health. Commissioner Hardy asked what the
differences are in the level of fluoride. Ms. Lesco responded.
Dennis Benoit, 1723 N. 20th Road, Kanopolis, provided information on the risks of fluoride.
14-0232 Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to pass Ordinance No. 14-
10750 calling a special election submitting to the vote of the electors of the City of Salina, Kansas, in
accordance with the initiative and referendum statute (K.S.A. 12-3013), an Ordinance repealing
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Ordinance No. 7096, which authorized and directed the Water Department of the City of Salina,
Kansas to install and operate equipment which will fluoride the water supply system in the City of
Salina, Kansas, on first reading.
Mr. Bengtson requested the Mayor request possible action on Ordinance No. 14-10749.
Mayor Householter asked if a commissioner would like to make a motion on Ordinance
No. 14-10749 repealing Ordinance No. 7096, which authorized and directed the Water
Department of the City of Salina, Kansas to install and operate equipment which will
fluoride the water supply system in the City of Salina, Kansas.
Ordinance No. 14-10749 died due to a lack of a motion.
Mayor Householter called the question for the first reading of Ordinance No. 14-10750.
Aye: (5). Nay: (0) . Motion carried.
Jason Gage, City Manager, asked for a clear direction from the City Commission for staff on
how to direct citizens regarding the facts on fluoride. The City Commissioners responded.
(7.5) Resolution No. 14-7127 adopting fees and charges for the management of the public right-
of-way and for the placement of wireless telecommunication facilities in the public right-of-
way.
Dan Stack, City Engineer, explained the proposed fees.
Norman Mannel, 7532 West Pleasant Hill Road, Salina, asked why the city is allowing for
the placement of facilities in the right-of-way. Jason Gage, City Manager, responded.
Commissioner Hardy responded that most of the facilities are located underground.
Randall Holm, 848 Custer, asked if the citizens and property owners that paid for
underground utilities will now see above ground utilities in their subdivision. Mr. Gage
responded.
Mr. Holm also asked if the wireless telecommunications facilities will place equipment
above ground, how staff will handle that for subdivisions with buried utilities. Mr. Gage
responded.
Moved by Commissioner Crawford, seconded by Commissioner Blanchard, to adopt Resolution
No. 14-7127. Aye: (5). Nay: (0). Motion carried.
(7.6) First reading Ordinance No. 14-10742 granting an amended telecommunications franchise
to IdeaTek Telcom, LLC, formerly known as Wildflower Telecommunications, LLC, a
wholly-owned subsidiary of IdeaTek Systems, Inc.
Jason Gage, City Manager, explained the original approval, amendment, Kansas Statues
and recommended action.
Greg Bengtson, City Attorney, announced Aaron Martin from Clark, Mize & Linville, Jody
Droge with IdeaTek Telcom, LLC and Eddie Watson with Fulston, Siefkin LLP, Wichita.
Mr. Watson thanked staff and legal counsel for all their work and thanked the commission
for hearing the item that day. Ms. Droge provided information from a powerpoint
presentation regarding the services available.
Commissioner Hardy asked about the open ended nature of the application, and the future
need for additional telecommunication businesses. Ms. Droge responded.
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Commissioner Hardy asked about the capacity of the towers and the potential need for a
study. Ms. Droge responded.
Commissioner Hardy asked if an individual cell tower would be a better option than the
distributed antenna system option. Ms. Droge responded.
Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to pass Ordinance No.
14-10742 on first reading. Aye: (5). Nay: (0). Motion carried.
Mayor Householter requested a short break at 6:49 p.m. and reconvened at 6:53 p.m.
DEVELOPMENT BUSINESS
(8.2) Resolution No. 14-7124 authorizing the Mayor to execute a license agreement with Lee
Haworth Construction Company, Inc. and the Cedar Ridge Homeowners Association to
allow the placement and maintenance of a subdivision entrance sign for the Cedar Ridge
Addition in the Marymount Road right-of-way adjacent to Lot 19, Block 1 of the Cedar
Ridge Addition.
Dean Andrew, Director of Planning, explained the current request, affected public and
franchise utilities and recommended action.
Moved by Commissioner Shirley, seconded by Commissioner Blanchard, to adopt Resolution No.
14-7124 authorizing the Mayor to execute a license agreement with Lee Haworth Construction
Company, Inc. and the Cedar Ridge Homeowners Association to allow the placement and
maintenance of a subdivision entrance sign for the Cedar Ridge Addition in the Marymount Road
right-of-way adjacent to Lot 19, Block 1 of the Cedar Ridge Addition. Aye: (5). Nay: (0). Motion
carried.
(8.1) Application #Z13-9, (filed by the Salina City Planning Commission), requesting
amendment of the surfacing requirements for off-street parking and driving areas in Article
XI, Division 2, Section 42-552(e)(2) of the Salina Code.
(8.1a) First reading Ordinance No. 14-10745.
Dean Andrew, Director of Planning, explained the amendment, current paving exemptions,
Planning Commission previous action and current recommended action.
Commissioner Crawford asked if a change of ownership would change the grandfather
status. Mr. Andrew responded.
Mayor Householter asked if there were standards in place for changes in appearance to a
gravel drive. Mr. Andrew responded.
Jason Gage, City Manager, asked for clarification on the distinction of a grandfathered
parking lot. Mr. Andrew responded.
A conversation ensued between Mr. Andrew and the City Commission regarding the
regulations on paving off-street parking and the requirement for some zoning districts to
have paved off-street parking when some of the city streets in some areas are not paved.
Commissioner Hardy asked if there are ways to know if something was graveled
previously. Mr. Andrew responded.
Commissioner Hardy stated if the grandfathering would take effect, the grandfathering
could go on for a century or more. Mr. Andrew responded.
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Commissioner Hardy asked if this ordinance would be hard to enforce. Mr. Andrew
responded.
Commissioner Blanchard asked what the vision was behind the need to update the surface
requirements for paving off-street parking and driving areas. Mr. Andrew responded.
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Commissioner Blanchard asked about the level of soliciting for the expression of interest
for those serving on the Parking Surfacing Committee. Mr. Andrew responded.
Commissioner Blanchard asked if the item was supposed to make property values increase
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not just increase the paving standards. Mr. Andrew responded.
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Commissioner Crawford asked if the paving regulations were stemmed from a past
situation with a church needing to pave their parking lot. Mr. Andrew responded.
Jason Gage, City Manager, provided information on the implementation of the
comprehensive plan and the challenges of implementing items within the plan.
Commissioner Blanchard stated that he is looking at this in a whole broader picture and
that there is a workable solution for the vision. He also wondered why we are clamping
down on residential areas when there is a far bigger concern in other areas.
Mayor Householter provided his concerns regarding the costs associated to businesses for
paving off-street parking and driving areas.
A conversation ensued between the commissioners, Mr. Andrew and Mr. Gage regarding
the cost associated to paving off-street parking or driving areas and paving regulations in
different zoning districts under the new ordinance.
Randall Holm, 848 Custer, stated his opposition on the change, asked why the city was
treating the residential areas different than industrial areas, provided information on the
grandfathering aspect of the proposed ordinance, and discussed the affects of paving
versus green space. Mr. Holm asked the Commission to table the item today or allow for
additional time to let citizens be heard.
James Hall, Great Plains Mfg, 1535 E. North Street, provided information on a variety of
factors that affect this proposed ordinance, stated that he agrees with the outcome from the
Planning Commission and the Parking Surfacing Committee.
Commissioner Shirley left the meeting at 8:05 p.m.
Jeff Maes, 157 S. Seventh, a member of the Parking Surfacing Committee, provided his
thoughts on the need to follow the comprehensive plan, asked the commission to
recommend passing the proposed ordinance and discussed the affect on future building
plans in the community.
Commissioner Shirley returned at 8:07 p.m.
Commissioner Blanchard asked what 18 out of 20 communities can do that we cannot do
today regarding paving. Mr. Maes responded.
A conversation ensued between Mr. Maes and Commissioner Blanchard regarding the
paving requirements for Salina and other Kansas communities and the increase in property
values.
Dennis Lauver, Salina Area Chamber of Commerce, provided information on the proposed
paving regulations and the potential affect that ordinance would have had on businesses
currently in Salina, if it was in effect before now. Mr. Lauver provided information on the
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development of the Kansas State University Bio Solids facility in Salina.
Commissioner Hardy asked if the area not paved on the lot for the Kansas State University
Bio Solids Facility will be used as green space. Mr. Lauver responded.
Commissioner Hardy asked if people would think it was odd to be parking on gravel at a
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high class, one of a kind facility. Mr. Lauver responded.
Mr. Gage asked if you do not pave it now would you ever pave it. Mr. Lauver responded.
Mr. Gage stated that if he was sitting in the audience today, he would be confused. Mr.
o Gage summarized the item before the commission.
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Mark Augustine, City -Wide Self Storage, 440 N. Ohio, provided information on the paving
of the stalls within the storage areas at his business, the increased property value of the
properties, spoke of the curb appeal of the business, and the concern of water drainage
when developing a property.
Randall Holm, 848 Custer, provided information on community enhancement and
explained the impact on the residential properties and explained the viewpoints of
outsiders on the regulations and stipulations on developing in Salina.
Commissioner Hardy provided his thoughts on the experiences traveling into Salina from
the interstates and the appearance of residential properties in Salina; he continued to
explain the limited number of changes to the regulations in the proposed ordinance.
Mayor Householter provided his thoughts on the proposed ordinance, community
standards, the enforcement of current regulations and what the eighteen communities in
Kansas have that we do not.
Mr. Gage summarized the options available to the commission for action on this item.
Commissioner Crawford was surprised to see the lack of citizen participation on this item.
Mayor Householter provided his additional thoughts on the need for residential paving but
would like additional information on the industrial regulations in other communities.
Commissioner Hardy does not see passing something that does not get the city where they
wanted to be.
A conversation ensued between the commissioners regarding enforcement of off-street
paving and industrial zone regulations in other Kansas communities.
Commissioner Hardy asked if adding or modifying options to the ordinance, that were
provided in the packet, would help.
Commissioner Shirley and Commissioner Blanchard thought it is best to table the item or
send it back to the Planning Commission.
Mr. Gage explained to the commission that it was best to discuss what the commission
wants to see.
14-0236 Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to postpone the item
until August 18, 2014. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
Commissioner Shirley submitted her resignation as a City Commissioner of the City of Salina, she
spoke of her role as a commissioner the past three years, explained that the commission deserves
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someone who can fully commit as time demands. Commissioner Shirley stated she plans to stay on
until the position is filled.
Mayor Householter asked what the process is to fill the vacant seat. Jason Gage, City Manager and
Greg Bengtson, City Attorney, responded.
Mayor Householter asked if this is something we need to discuss as a commission within executive
session. Mr. Bengtson responded.
Commissioner Blanchard thanked Commissioner Shirley for all her hard work since being a
commissioner.
Mr. Gage asked if the commission would like staff to add it to the agenda for next week. The
commission concurred.
Commissioner Shirley stated that Aaron Peck may be interested in stepping up to serve.
A conversation ensued regarding the potential candidates to fill the open seat.
(9.1) Request for executive session (legal).
Moved by Commissioner Crawford, seconded by Commissioner Blanchard, to recess into
executive session for 30 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 9:35 p.m.
The City Commission took a three minute break and then recessed into executive session at
9:05 p.m. and reconvened at 9:35 p.m. No action was taken.
ADJOURNMENT
Moved by Commissioner Blanchard, seconded by Commissioner Hardy, that the regular meeting
of the Board of City Commissioners be adjourned. Aye: ay: (0). Motion carried. The
meeting adjourned at 9:35p.m.
[SEAL]
ATTEST:
Shandi Wicks, CMC, City Clerk
Aaron K. Householter, Mayor
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