06-15-2015 MinutesN
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
June 15, 2015
4:00 p.m.
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The City Commission convened at 2:30 p.m. for Police Department Firing Range Facility Tour and
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Presentation 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
0 silence.
Those present and comprising a quorum: Mayor Jon R. Blanchard (presiding), Commissioners.
Kaye Crawford, Trent Davis, Randall Hardy, and Karl Ryan.
Also present: Jason. Gage, City Manager; Michael Schrage, Deputy City Manager; Greg Bengtson,
City Attorney; and Shandi Wicks, City Clerk.
AWARDS AND PROCLAMATIONS
None.
CITIZEN FORUM
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of June 8, 2015.
(6.2) Resolution No. 15-7248 authorizing the City Manager to enter into an agreement
with Travelers for the renewal of the City's Comprehensive Property/ Casualty
Insurance.
(6.3) Authorize the purchase and installation of a new point of sale system from Bypass
Mobile, Inc. at the Salina Bicentennial Center in the amount of $39,571.
(6.4) Authorize the monetary offers and agreements for five sign easements for the
Wayfinding Signs project, City Project No. 12-2906 in the amount of $800.00 and
authorize the City Manager to sign the easements on behalf of the City of Salina.
(6.5) Authorize the purchase and installation of a new digital marketing display system
from REDI Systems, for installation in the Salina Bicentennial Center in the amount
of $24,150.
(6.6) Resolution No. 15-7249 certifying Right -of -Way and Utility Clearance to the Kansas
Department of Transportation (KDOT) for the Greeley Avenue bridge replacement
over the old Smoky Hill River Channel, City Project No. 08-2709.
Commissioner Hardy requested that Item 6.3 be removed from the consent agenda.
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15-0230
Moved by Commissioner Crawford, seconded by Commissioner Davis, to approve the consent
agenda items 6.1, 6.2, 6.4, 6.5, and 6.6. Aye: (5). Nay: (0). Motion carried.
(6.3) Authorize the purchase and installation of a new point of sale system from Bypass
Mobile, Inc. at the Salina Bicentennial Center in the amount of $39,571.
Steve Hardesty, Deputy Director of Parks & Recreation, explained the Bicentennial Center
project and the replacement of the point of sale system.
Commissioner Hardy asked what the differences were in the two bids received from
Bypass Mobile. Ron Rideout, Bicentennial Center Manager, responded by stating that
differences in the two bids were the length of the agreement and the agreement amount.
Moved by Commissioner Hardy, seconded by Commissioner Davis, to authorize the purchase and
installation of a new point of sale system from Bypass Mobile, Inc at the Salina Bicentennial Center
in the amount of $39,571. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Award of contract for the Lime Sludge Line Relocation along Greeley Avenue
Bridge, Project No. 08-2709.
Martha Tasker, Director of Utilities, explained the project, bids received, and project
budget.
Commissioner Crawford asked why there was such a large difference in the bids amounts.
Ms. Tasker responded by stating that one contractor was local and one was from Goddard.
She also stated that the contractors were busy on other projects.
Commissioner Hardy asked if there was a benefit to burying the line and why the current
line was hung. Ms. Tasker responded by stating that it was cheaper to bury the line than to
hang the line on the bridge and she was not sure why the line was hung originally in 1979.
Moved by Commissioner Davis, seconded by Commissioner Hardy, to award the contract for the
Sludge Line Relocation along Greeley Avenue Bridge, Project No. 08-2709 to Smoky Hill, LLC of
Salina, Kansas in the amount of $48,400. Aye: (5). Nay: (0). Motion carried.
I DEVELOPMENT BUSINESS
(8.1) First reading Ordinance No. 15-10780 amending Salina Code Section 14-57.6 by
increasing the maximum fireworks facility size and the maximum size of an onsite
inventory storage container.
Dean Andrew, Director of Planning, explained the amendment to increase the facility size
and the maximum size of an onsite inventory storage container.
Commissioner Davis asked how the tent size and container size were evaluated. Mr.
Andrew responded by stating that the tent size and the container size were evaluated
separately.
Commissioner Davis asked how the cost of the facility was figured. Mr. Andrew responded
by stating that it was a very staff intense process and typically six (6) staff members were
present for the final inspection of each fireworks facility.
Commissioner Davis asked if the additional fireworks were stored off-site. Mr. Andrew
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responded that some locations stored additional trailers on farm property outside of town,
and other locations stored additional fireworks underneath the tables within the tent.
Commissioner Crawford asked if staff was able to inspect the fireworks in the on-site
trailer. Mr. Andrew responded by stating that when the preliminary site inspection was
Z completed, staff confirmed the size, location of the storage container and that the required
W placard was placed on the container indicating that flammable materials were stored
inside.
Mayor Blanchard asked about the setback of the tent. Mr. Andrew responded that the
setback would remain the same for any size of tent.
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Mayor Blanchard asked if the setback from the tent was the only setback. Mr. Andrew
responded by stating that the setback would be for any buildings in close proximity to the
tent.
Commissioner Hardy asked if the increased size of the storage container was a concern to
the fire department staff. Mr. Andrew responded by stating that the Fire Department's
concern was about having bulk fireworks storage in a container. It was not that having a
larger container would increase the likelihood of something bad happening; it would be if
something bad did happen, the impact would be greater having a larger container filled
with bulk fireworks.
Commissioner Hardy asked if the increase in size of the storage container was for the
convenience of the facility operator. Mr. Andrew responded by stating that the container
had to meet the requirements of the NFDA.
Commissioner Hardy asked if there was a facility or storage container explosion, how
would the adjoining businesses be affected. Mr. Andrew responded by stating that it was a
challenge for the fireworks operators to find a location for a stand due to the size of land
needed.
Commissioner Hardy asked about the burn ban requirement. Mr. Andrew responded by
explaining that if there was a county wide burn ban, the sale and discharge of fireworks
would not be allowed. Michael Schrage, Deputy City Manager, responded by stating that
when the ordinance was written, the intent was to follow a burn ban put into place by
Saline County.
A conversation ensued between the Commission, Mr. Schrage and Jason Gage, City
Manager, regarding a burn ban and whether fireworks were also included in the county
wide burn ban.
Commissioner Hardy also asked if a burn ban decision could be made between the time a
fireworks facility was open and July 4th. Mr. Gage responded by stating that a decision of a
burn ban could go into place at anytime, but the County was contentious in the timing of
their decision. Mr. Schrage also responded by stating that the fireworks operators would
like the burn ban to be put into place as soon as possible.
Commissioner Hardy stated that it would be ideal if a burn ban could be put into place a
week prior to the sale of fireworks. Mr. Gage responded by stating that the burn ban was
not a factor in the sale+of the fireworks and stated that if the majority of the Commissioners
would like the agreement made, staff could take the request to Emergency Management.
Mr. Andrew read the code language pertaining to burn bans.
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Mayor Blanchard stated that he was okay with the way a burn ban was currently laid out.
Commissioner Ryan and Commissioner Crawford agreed.
Mayor Blanchard asked if the increased tent size would allow for storage of additional
fireworks. Mr. Andrew responded by stating that any size of tent loaded with the inventory
can become tight and noted that a majority of Kansas jurisdictions did not have tent size
restrictions in place. A larger tent meant more inventory and more storage space. Mr. Gage
noted that the typical approach of the Fire Department was the concern of the safety.
Ken Wasserman, Norton, Wasserman, Jones & Kelly, asked the Commission to approve the
Planning Commission recommendation and requested that first and second reading of the
ordinances take place today if possible.
Commissioner Hardy asked how many times a tent was typically restocked. Mr.
Wasserman responded by stating that a tent was typically restocked on a daily basis closer
to the 4th of July.
Commissioner Davis asked if the storage of the fireworks under the tables within the tents
would be doubled since the tent was twice the size. Mr. Wasserman responded by stating
that the storage within the tent would probably not double with the inventory of the
fireworks crowding the tents.
Mayor Blanchard asked if there was a minimum isle width for the facilities. Mr. Andrew
responded by stating that there was a minimum isle width in place, along with the
occupant load, fire extinguisher requirements and the number of exits required.
Mayor Blanchard asked if there was someone monitoring the capacity of a tent and the
other requirements. Mr. Andrew responded by stating that the fire department staff would
visit the tents randomly throughout the time period the sales were allowed.
Mr. Gage asked how many of the sites would be able to hold the larger tent size. Mr.
Andrew responded by stating that there would only be certain sites that could support the
larger tent size.
Mr. Gage stated that there were several locations within Salina that could support the
larger tent size but an operator would have to evaluate the requirements to determine if the
location would work.
Mayor Blanchard asked for a summary of the recommended actions for item 8.1. Mr.
Andrew summarized the possible actions.
Commissioner Hardy asked if it would make sense to increase the separation if the storage
container was increased. Mr. Andrew responded by stating that the commission could
make an increase in the separation if they felt necessary.
Mr. Gage asked if there was a difference in_the height of the current trailer allowed and the
proposed trailer size. Mr. Andrew responded by stating that the amount of storage space
would significantly increase.
Greg Bengtson, City Attorney, requested that the Commission meet in executive session
regarding this item.
Moved by Commissioner Ryan, seconded by Commissioner Hardy, to recess into executive session
for 10 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 5:20 p.m.
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The City Commission recessed into executive session at 5:10 p.m. and reconvened at 5:20
p.m. No action was taken.
The commissioners expressed their thoughts on the size of the tents and increasing the size
of the on-site storage container.
Commissioner Davis asked if additional parking would be included in the larger tent. size.
Mr. Andrew responded by stating that when an application was filed, the number of
parking spaces, occupancy load, fire extinguisher and exit requirements would be
evaluated.
Mr. Gage stated that according to Code, the application must be in by May 20th and have
the final version filed by June 1st. He asked how a request to increase the tent size or
increase the on-site inventory storage container could be considered without amending the
application deadlines. Mr. Andrew responded by stating how he interpreted the code but
deferred to Mr. Bengtson.
Mr. Bengtson suggested that the discussion of this question be best addressed in executive
session.
Moved by Commissioner Ryan, seconded by Commissioner Hardy, to recess into executive session
for 10 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 5:40 p.m.
The City Commission recessed into executive session at 5:30 p.m. and reconvened at 5:40
p.m. No action was taken.
Mr. Bengtson stated that a policy discussion did not occur during the executive session and
they were dealing specifically with the section pertaining to the application deadlines.
Mayor Blanchard noted that discussion was on the size of the tent and the size of the trailer.
Moved by Commissioner Ryan, seconded by Commissioner Davis, to concur with the
recommendation of the Planning Commission and approve the proposed amendment to Salina
Code Section 14-57.6; Retail display and sale or other distribution of approved consumer fireworks
subsections C & F, by amending Section 14-57.6(c) to increase the maximum size of consumer
fireworks facilities from 2,400 sq. ft. to 5,800 sq. ft. and Section 14-57.6(f) to increase the maximum
size of a secure onsite storage unit from 120 sq. ft. to 240 sq. ft. but also increase the required
separation to 30 ft..
Commissioner Davis stated that his conflict on the motion was the Fire Marshal's concern
regarding the expansion of the onsite inventory storage container. A conversation ensued
between the Commission regarding their thoughts on the expansion of the tent size and the
onsite inventory storage container.
Mr. Bengtson noted a clarification on the motion if the intent was for the first reading of the
ordinance.
Moved by Commissioner Ryan, seconded by Commissioner Davis, to amend the current motion
from the 240 sq. ft. storage unit size and increasing the separation to 30 ft. to set the storage unit
size at 120 sq. ft. and to keep the separation at 20 sq. ft. Aye: (4). Nay: (1). Crawford Motion
carried.
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15-0235 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve the proposed
amendment to Salina Code Section 14-57.6; Retail display and sale or other distribution of
approved consumer fireworks subsections C & F, by amending Section 14-57.6(c) to increase the
maximum size of consumer fireworks facilities from 2,400 sq. ft. to 5,800 sq. ft. and deny the
request to increase the storage unit size. Aye: (4). Nay: (1) Crawford. Motion carried
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Mr. Gage asked that with regards to the timing, did the Commission concur that a
9 compelling public interest exists. Mayor Blanchard asked where the item currently sat
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with the application date. Commissioner Davis provided his thoughts on the second
reading of the item today. Mayor Blanchard provided his thoughts on the application
" deadline and when he felt the second reading should take place. Mr. Bengtson provided
information on the application deadline and explained the implementation options.
Mr. Gage asked staff if the applicant submitted an application for the increased tent size.
Mr. Andrew responded by stating that the current application on file was for a 40 x 60 size
tent. Mr. Gage stated that the revised. application had not been filed and he provided his
thoughts on the timing of the submittal of and review of an application.
Mayor Blanchard stated that he thought the consensus of the Commission was to not
approve the ordinance on second reading today. Commissioner Hardy stated that he
would feel more comfortable for all applicants to have the fair advantage to utilize the same
tent size.
Mr. Bengtson asked if the Commission had an implementation time in mind. Mayor
Blanchard stated that the Commission felt that the ordinance should run its original course.
Mr. Bengtson asked if allowing the ordinance to run its original course and the second
reading would be on June 22nd with the publication on Friday, June 26th, would the City
expect an application filed in 2015. Mr. Andrew stated that if a revised application was filed
on June 26th, he would feel compelled to review the application in time to allow sales to
begin on Saturday June 27th.
Commissioner Davis stated that he was under the understanding that final applications
were due in by June 1St. Mr. Andrew stated that the applicants had between May 20th and
June 1St to submit all required documents for a complete and final application.
Mayor Blanchard asked if an applicant had a different size tent on the submittal and would
like to change the tent size, would it be due by June 1St. Mr. Andrew responded by stating
that would be correct.
Commissioner Ryan asked if by motion the Commission could state that they did not wish
to change the ordinance timeline.
Mayor Blanchard stated that if staff would like to assist with making a motion. Mr. Gage
stated a recommended motion.
Mr. Gage stated that since the Commission was not in a hurry to implement the ordinance,
staff could develop the ordinance and bring it back to the Commission next week. Mayor
Blanchard agreed with the suggestion.
15-0236 Moved by Commissioner Ryan, seconded by Commissioner Davis, to postpone the adoption of
Ordinance No. 15-10780 on first reading until June 22, 2015. Aye: (5). Nay: (0). Motion carried.
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(8.2) Application #Z15-6 (filed by Norton, Wasserman, Jones and Kelly on behalf of
Farha Fireworks) requesting approval of an amendment to Section 42-59(d)(2) to
increase the maximum allowable size of a consumer fireworks facilities (tents) and
to increase the allowable size of an onsite inventory storage unit.
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Z (8.2a) First reading Ordinance No. 15-10781.
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15-0237 Moved by Commissioner Hardy, seconded by Commissioner Davis, to postpone adopting
a Ordinance No. 15-10781 on first reading until June 22, 2015. Aye: (5). Nay: (0). Motion carried.
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OTHER BUSINESS
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(9.1) Request for executive session (legal).
15-0238 Moved by Commissioner Ryan, seconded by Commissioner Davis, to recess into executive session
for 15 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 6:50 p.m.
15-0239
The City Commission recessed into executive session at 6:35 p.m. and reconvened at 6:50
p.m. No action was taken.
,ved by Commissioner Ryan, seconded by Commissioner Davis, that the regular meeting of the
ird of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
ourned at 6:50 p.m.
[SEAL]
TTEST:
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Shandi Wicks, CMC, City Clerk
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