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10-27-2014 MinutesD N N Z W 0 U 14-0308 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 27, 2014 4:00 p.m. The City Commission convened 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, Trent Davis, and Randall R. Hardy. Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. I AWARDS AND PROCLAMATIONS (3.1) The day of November 1, 2014 as "Extra Mile Day" in the city of Salina. Clay Thompson, Serving Salina Together Chair read the proclamation. I CITIZEN FORUM Lou Tryon, 2122 Leland Way, addressed the commission regarding a water quality data table that was provided in the city water bill. Alan Reed, 920 E. Cloud, provided information regarding fluoride. Ray Hruska, 235 N. Santa Fe, provided handouts regarding the harm to citizens in cities with fluoride in their water. Dr. Allison Lesko, 1920 S. Ohio, provided information regarding cavities in children and fluoride in the water. Dennis Beniot, 1773 20th Road, Kanopolis, addressed the commission on fluoride in the water. Dr. Alison Riekhof, 700 S. Front Street, provided information regarding fluoride. Dr. Cindy Reed, 920 E. Cloud, provided information from a Harvard University study pertaining to fluoride and the harms to an unborn child. I PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. I CONSENT AGENDA 1(6.1) Approve minutes of October 20, 2014. (6.2) Authorize the Mayor to sign the Construction Observation Services Agreement with Schwab Eaton for the Water Tower Maintenance, City Project No. 14-3037, with a not -to - exceed amount of $49,286. Moved by Commissioner Davis, seconded by Commissioner Crawford, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. Page 1 E 711 ADMINISTRATION (7.1) Resolution No. 14-7146 demonstrating governing body support for the downtown field house proposal and directing staff to commence formal conversations with the property owner and private investment group to address property acquisition and creation of a project development agreement. Jason Gage, City Manager, explained the community needs, project concept and the proposal. Pat Beatty, citizen, donator and supporter, thanked the Commission for hearing this proposal. Tiffany Bienen, Visit Salina, addressed the commission regarding support of the project and ability to attract additional tournaments to Salina. Jeff Andrews, Teacher and Coach at Salina Central High School, addressed the commission regarding the availability of gym space for the players. Doug Finch, Teacher and Coach at Salina Central High School, addressed the commission regarding the need for additional gym space. Marissa Bradshaw, Student Athlete at Salina Central High School, addressed the commission regarding the current limited opportunities for students to practice and how the field house will help the community in positive ways. Mark Speer, Youth Coach in Salina, addressed the commission regarding the availability of gym space for practicing and the need for additional space in Salina. Damon Boyer, Director of World Class Sports and Youth Coach in Salina, addressed the commission regarding the current cost for travel for the teams and the need for a large facility. Hank Boyer, citizen, provided information regarding the need for the facility. Trace Walker, citizen, addressed the commission regarding the facility location, the civic donation that his company has contributed to the facility and the need in the community for the facility. Larry Britegam, citizen, addressed the commission regarding the facility location and his support for the facility. Angie Lassley, President of Salina YMCA, provided information regarding the YMCA's support of the facility and the needs of the youth. Melissa Hodges, Salina Downtown, Inc., addressed the commission regarding Salina Downtown's support of the facility and provided information regarding her personal experiences with traveling and the lack of gyms available for the players. Darrell Holting, Athletic Director for Salina South High School, addressed the commission with his support for the facility and felt that it is definitely overdue. Commissioner Blanchard requested a five minute break. The City Commission recessed into a five minute break at 5:44 p.m. and reconvened at 5:49 p.m. Commissioner Hardy asked how our charter ordinance compares to those in other first class cities and if other cities utilize sales tax or property tax for projects. Mr. Gage Page 2 N N Z W C 0 0 U n 14-0309 14-0310 responded. Commissioner Crawford asked if the charter ordinance was amended for the Ohio Overpass project. Mr. Gage responded. Commissioner Blanchard asked what the process was to amend a charter ordinance, when the dollar amount within the charter ordinance was adopted and if the charter ordinance was used for the Stiefel Theatre project. Mr. Gage responded. Commissioner Blanchard asked to discuss the general provisions of the presented resolution one by one. The Commission concurred. A discussion ensued between the Commission, Dion Louthan, Director of Parks & Recreation, and Mr. Gage regarding the general provisions, the public's knowledge of the facility and the need for the formation of a long term investment group or community foundation for fundraising in the future. Commissioner Crawford asked how the facility project works into the 5 year Capital Improvement Plan. Mr. Gage responded. Commissioner Crawford provided her thoughts on the project, her concerns with the financing of the facility and thanked everyone that has been involved in the process to this point and those citizens/ investors for putting money into this facility. Commissioner Blanchard provided his thoughts on the facility and thanked the citizens of Salina for their partnership of the facility. Commissioner Davis provided his thoughts on the proposed location in downtown Salina, and the need for the facility in Salina. Mayor Householter provided his thoughts on the facility and thanked the private sector for all their hard work and support of the facility. Commissioner Blanchard asked if it would be easier to make a motion with his language for a new resolution or amend the written resolution for the motion. Mr. Gage responded. Commissioner Hardy noted the need to stay away from exact numbers and just note the provisions. Mr. Gage responded. Greg Bengtson, City Attorney, provided information on the need to make a motion for the resolution and second then build the amendment from there. Moved by Commissioner Davis, seconded by Commissioner Blanchard, to adopt Resolution No. 14-7146 demonstrating governing body support for the downtown field house proposal and directing staff to commence formal conversations with the property owner and private investment group to address property acquisition and creation of a project development agreement. Moved by Commissioner Blanchard, seconded by Commissioner Hardy to amend the title of the resolution to read: A RESOLUTION EXPRESSING GOVERNING BODY SUPPORT FOR A PUBLIC/PRIVATE PARTNERSHIP FOR THE DOWNTOWN FIELD HOUSE PROPOSAL and Section 1 paragraph to read The Governing Body expresses support for a public/private partnership for the downtown field house proposal and directs staff to commence formal conversations with the property owner and private investment group to address property acquisition and creation of a project development agreement, consistent with the following general provisions and Section 1d to read Operating Model: Hybrid Model allowing for both Page 3 u Z a LU D UJ D O 0 U 14-0311 14-0312 14-0313 programmed, leased space, competitive tournaments, and with a goal to maximize open use. Aye: (5). Nay: (0). Motion carried. Mayor Householter called the question to adopt Resolution No. 14-7146 as amended. Aye: (5). Nay: (0). Motion carried. (7.2) First reading Ordinance No. 14-10756, amending Salina Code Sections 38-57 to 38-62 pertaining to the towing and storage of vehicles. Jason Gage, City Manager, explained the amendments. Commissioner Hardy asked about the passed date on the ordinance and the need to change. Mayor Householter responded. Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to pass Ordinance No. 14- 10756 on first reading. Aye: (5). Nay: (0). Motion carried. (7.3) Resolution No. 14-7145 authorizing the Mayor to enter into an agreement for animal control services with Saline County. Jason Gage, City Manager, explained the agreement. Commissioner Crawford asked who provided the services in the County at this point and if the County had a vehicle for transporting the animals. Mr. Gage responded. Commissioner Davis asked if the animal shelter has the capacity to perform the tasks as they did in the past. Mr. Gage responded. Conu-n.issioner Hardy asked if the animal shelter vehicle went into the county to perform services and the cost allocation for the service. Mr. Gage responded. Commissioner Blanchard asked what the definition of a feral cat was. Mr. Gage responded. Commissioner Hardy asked about the cost for services. Mr. Gage and Dion Louthan, Director of Parks & Recreation, responded. Judy Larson, 715 N. Ninth Street, asked who citizens need to contact to report an incident regarding a dog or cat. Moved by Commissioner Davis, seconded by Commissioner Blanchard, to adopt Resolution No. 14-7145 authorizing the Mayor to enter into an agreement for animal control services with Saline County. Aye: (5). Nay: (0). Motion carried. (7.4) Resolution No. 14-7147 affirming the need for Saline County's proposed expansion of criminal justice facilities to provide all services at one justice center location, including additional jail space and space for district court and community corrections. Jason Gage, City Manager, explained the proposal and commission action. Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to adopt Resolution No. 14-7147 affirming the need for Saline County's proposed expansion of criminal justice facilities to provide all services at one justice center location, including additional jail space and space for district court and community corrections. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS Page 4 1 14-0314 14-0315 (8.1) Consider a motion to extend the Conditional Use Permit deadline for the electronic cigarette establishment know as Juicy's and the electronic cigarette establishment known as Vape's. Dean Andrew, Director of Planning, explained the applications received and request for extension. Commissioner Davis asked how applications have been handled in the past when they are inadequate or incomplete. Mr. Andrew responded. Commissioner Crawford asked if the owners of either business have been a business owner prior to owning the current bar. Mr. Andrew responded. Commissioner Blanchard asked if the applications remain incomplete, will the item be placed on the Planning Commission agenda. Mr. Andrew, Greg Bengtson, City Attorney, and Mr. Gage responded. Commissioner Blanchard asked if the questions listed on the application are listed in the Salina Code. Mr. Andrew and Mr. Gage responded. Commissioner Blanchard asked if any other citizens have expressed interest in opening this type of business. Mr. Andrew responded. Commissioner Hardy asked if the application was handed out as a two sided document. Mr. Andrew responded. Commissioner Blanchard asked if the moratorium would need to be extended as well. Mr. Andrew and Michael Schrage, Deputy City Manager, responded. Mr. Gage asked if the Planning Commission denied the application, when can the applicant reapply. Mr. Andrew responded. Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to allow the businesses known as Juicy's located at 2314 South Ninth Street and Vape's located at 117 East Iron Avenue until 5:00 p.m., Wednesday, October 29, 2014, to submit amended applications for consideration by the Planning Commission on November 4, 2014, and allow the continued operation of the bar(s) currently open and operating pending the full consideration of their applications by the City of Salina. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS NONE. ADJOURNMENT Moved by Commissioner Crawford, seconded by Commissioner of the Board of City Commissioners be adjourned. Aye:: ( meeting adjourned at 8:00 p.m. [SEAL] ATTEST: Aaron K. y, that the regular meeting (0). Motion carried. The ter, Mayor Page 5 Shandi Wicks, CMC, City Clerk J 1 ■ Page 6