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08-23-2004 MinutesCommission Action # IC1, 1111d S11 11 1 1 04-6538 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 23, 2004 4:00 p.m. The City Commission convened at 3:45 p.m. in a Study Session for a Citizens' Open Forum. The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City - County Building. A roll call was taken followed by the Pledge of Allegiance and an extra moment of silence in honor of Public Works employee Shannon Helms. There were present: Mayor Monte Shadwick, Chairman presiding Commissioner Deborah P. Divine Commissioner Alan E. Jilka Commissioner Donnie D. Marrs Commissioner Paul G. Webb comprising a quorum of the Board, also present: Dennis M. Kissinger, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: None CITIZEN FORUM Tom Martin, Salina Regional Health Foundation, commented on the City Commission's decision on the proposals from the house located at 130 W. Prescott. Mr. Martin felt the process was confusing and would like the Commission to reconsider their decision. A discussion followed between the City Commissioner, City Manager Dennis Kissinger, City Attorney Greg Bengtson, Deputy City Manager Michael Morgan and Mr. Martin regarding the city, state and federal historic district guidelines and the proposal process. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of August 16, 2004. (6.2) Authorize purchase of a Total Organic Carbon (TOC) Analyzer from Ionics Instrument Business Group in an amount of $22,500. (6.3) Authorize the City Manager to accept the 2004 Local Law Enforcement Block Grant Program award and appoint an advisory board for the purpose of making recommendations to the City Commission regarding the proposed use of the grant funds. Moved by Commissioner Divine, seconded by Commissioner Webb, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #Z04-18, filed by George Johnson on behalf of Quick Lube Shop, requesting a change in zoning district classification from PC -2 (Planned Neighborhood Shopping) to PC -3 (Planned Shopping District) on property legally described as Lot 1 and the East 130 feet of Lot 2, Block 2, Brock Addition and addressed as 1930 S. Ohio Street. Page 1 Commission Action # 1 04-6539 (7.1a) First reading Ordinance No. 04-10229. Dean Andrew, Director of Planning and Community Development, explained the request, neighborhood characteristics, conformance with the comprehensive plan, and the Planning Commission's recommendations and conditions of approval. A discussion followed with Commissioner Divine, Commissioner Marrs, and Mr. Andrew regarding landscaping and screening requirements, hazardous waste disposal and flushing, vacating of the utility easement, and plans for the remaining part of Lot 2. George Johnson, applicant, responded to Commissioner Divine's questions regarding hazardous waste disposal and flushing and location of the storage tanks. Mr. Johnson then responded to Commissioner Webb's question regarding EPA guidelines. Mr. Andrew then responded to Commissioner Webb's question pertaining to signage. A discussion followed between Commissioner Marrs and Director of Public Works Shawn O'Leary regarding parking concerns. Moved by Commissioner Divine, seconded by Commissioner Webb, to pass Ordinance No. 04-10229 on first reading. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Receive and review the 2003 Audit Report from Lowenthal, Singleton, Webb and Wilson, Professional Association (LSWW). Rodney Franz, Director of Finance and Administration, explained that LSWW has given the City of Salina an unqualified or "clean" opinion, meaning that financial statements are presented fairly in all material respects and in conformance to Generally Accepted Accounting Principles (GAAP). Tom Singleton, LSWW, summarized the audit, management letter and audit committee letter. (8.2) Staff report and recommendation on prohibiting minors from adult drinking establishments. Mayor Shadwick noted that he is currently a license holder of a drinking establishment. Chief James Hill explained that Kansas law set the age of 21 as the minimum drinking age for alcoholic liquor. Chief Hill continued to explain that numerous incidents have occurred within the city involving persons under the age of 21 being admitted to drinking establishment and either being served or otherwise obtaining alcoholic liquor. He continued to note recommendations from the American Medical Association's Office of Alcohol and Other Drug Abuse and the U.S. Department of Justice's Office of Juvenile Justice and Delinquency Prevention. He also informed the Commission that the City of Wichita and Saline County have enacted such a prohibition. Chief Hill then listed several incidents that have taken place within the city. A discussion followed between the City Commission and Chief Hill regarding any problems with drinkers over 21, problems with bar ownership, intoxication of minors before entering a drinking establishment. City Manager Dennis Kissinger and City Attorney Greg Bengtson responded to Commissioner Jilka's question regarding the number of bars serving 3.2% beer. Earl Graybeal, Rendezvous Bar, 249 N. Santa Fe, asked if the ban would allow minors into the establishment at any time. Mr. Graybeal commented that many minors come in for lunch with an adult. Mr. Graybeal suggested that if they would prohibit minors into an establishment, that a time restriction of no minors after 9:00 p.m. be in place. Mr. Kissinger commented on the possibility of staff drafting an ordinance considering minors accompanied by a parent or guardian. Kevin Rome, Tequilaz, 232 N. Santa Fe Avenue, commented that prohibition would greatly affect his business. Mr. Rome responded to Commissioner Jilka, Commissioner Webb, and Mayor Shadwick regarding how his business handles minors, age of door personnel at the establishment, and what surrounding areas have done to cope with the issue. Page 2 Commission Action # 1 1 1 04-654C 04-6541 04-65421 04-6543 Mayor Shadwick, Commissioner Jilka and Commissioner Divine commented on their opposition of the regulation. They noted that they felt that it is a problem, but this was not the right solution. Mayor Shadwick suggested that the Police continue to work with the establishment owners. Commissioner Marrs felt that an ordinance would be a tool to help with the problem and minors should be excluded from adult drinking establishments. Commissioner Webb felt that the city is not being protected with the police having to watch the drinking establishments, which is unfair to the rest of the citizens. Commissioner Webb believes that the problems created with minors in the establishments have an adverse effect on the city's reputation. Moved by Commissioner Marrs, seconded by Commissioner Webb, to direct staff to prepare an ordinance that prohibits minors from entering, remaining in or loitering about drinking establishments with a parent/guardian provision. Commissioner Divine explained that the issue needs to be looked at more carefully before making an ordinance. She suggested that staff invest other police options and schedule an additional study session with the Commission. Commissioner Webb commented on the lack of interest from establishment owners and that they should be bringing ideas and helping with the solution. failed. Mayor Shadwick called the question. Aye: (2). Nay: (3) Divine, Jilka, Shadwick. Motion Commissioner Marrs commented on the need for the future study sessions. (8.3) Authorize Supplemental Agreement No. 1 for the Markley and Sunset Towers Maintenance, Project No. 04-1427. Commissioner Divine excused herself from the quorum due to conflict of interest. Martha Tasker, Director of Utilities, explained the project, agreement and project funding. Ms. Tasker responded to Commissioner Marrs' question regarding the cost of the original contract. Moved by Commissioner Webb, seconded by Commissioner Jilka, to approve Supplemental Agreement No. 1 with Bucher, Willis & Ratliff Corporation for the Markley and Sunset Towers Maintenance, Project No. 04-1427 in an amount not to exceed $17,567. Aye: (3). Nay: (1) Marrs. Abstain: (1) Divine. Motion carried. Commissioner Divine returned. (8.4) Resolution No. 04-6114 appointing members to various boards and commissions. Mayor Shadwick asked the Commission to table the resolution. Moved by Commissioner Divine, seconded by Commissioner Jilka, to table Resolution No. 04-6114. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Michael Morgan, Deputy City Manager, asked for City Commission approval on placing an additional soccer field at Bill Burke Park. A discussion followed between Commissioner Divine, Commissioner Webb, Director of Public Works Shawn O'Leary and Mr. Morgan regarding the additional cost of the field and the required earthwork and irrigation system. Moved by Commissioner Divine, seconded by Commissioner Webb, to authorize staff to negotiate change orders for earthwork and irrigation for the additional soccer field to be located at Bill Burke Park. Aye: (5). Nay: (0). Motion carried. (9.2) Mayor Shadwick expressed the City Commission's condolences to the family of Shannon Helms. 8.5) Request for executive session (legal). Page 3 Commission Action # aaieasa��a 04-6545 1 1 Moved by Commissioner Jilka, seconded by Commissioner Divine, to recess into executive session for 20 minutes to discuss with the City Attorney a matter subject to the attorney-client privilege for the reason that public discussion of the matter would waive that privilege and adversely affect the City's interests in the matter; and reconvene at 5:25 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:05 p.m. and reconvened at 5:30 p.m. No action was taken. ADJOURNMENT Moved by Commissioner Divine, seconded by Commissioner Webb, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:30 p.m. /Monte'Shadwick, Mayor [SEAL] ATTEST: Lieu Ann Elsey, City Clerk Page 4