08-23-2004 MinutesCommission
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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.
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(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.
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04-654C
04-6541
04-65421
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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).
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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
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