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09-24-2001 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS September 24, 2001 4:00 p.m. The City Commission convened at 3:30 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 a moment of silence. There were present: Mayor Kristin M. Seaton, Chairman presiding Commissioner Larry L. Mathews Commissioner Deborah P. Divine Commissioner Alan E. Jilka Commissioner Monte D. Shadwick comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Don Hoff, Director of Utilities Lieu Ann Nicola, City Clerk Dennis M. Kissinger, City Manager None CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) Presentation of plaques of appreciation to outgoing Citizen Board Members. Mayor Seaton presented plaques to Debra Cox, Arts and Humanities Commission; LaVelle Frick and Bernard Jilka, Business Improvement District No. 1 Board of Advisors; Shannon Rayl, Tree Advisory Board; and Randy Sterrett, Board of Zoning Appeals. Other members not present included: Lou Ann Dunn and Jeffrey Ingles, Arts and Humanities Commission; Steven Michel, Business Improvement District No. 1 Board of Advisors; Robert Sweney and Daniel Beneteau, Business Improvement District No. 1 Design Review Board; Roger Steinbrock, Convention and Tourism Committee; Larry Moreno, J.Q. Rodriques, and W. Brad Sutton, Disciplinary Advisory Board; Paul Bube, Jan Mendell, and Sandra Beverly, Human Relations Commission; Daniel Fiorillo, Tree Advisory Board. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing to consider the vacation of surplus street right-of-way for Wayne Avenue. (5.1a) First reading Ordinance No. 01-10057. Mayor Seaton opened the public hearing. Shawn O'Leary, Director of Engineering and General Services, explained the vacation and future plans for land use. Mayor Seaton questioned who would maintain the right-of-way. Mr. O'Leary explained that would be addressed in the upcoming agreement, but the City would be responsible. There being no further comments, the hearing was closed. Commission Action # cansooaaieesai�na 01-304 01-3048 01-3049 Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to pass Ordinance No. 01-10057 on first reading requesting the vacation of a portion of the public right-of-way of Wayne Avenue between South Ohio Street and Lewis Street in the Shalimar Plaza Addition and Belmont Addition of the City of Salina, Saline County, Kansas. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of September 17, 2001. (6.2) Resolution No. 01-5760 naming a new street and cul-de-sac as Wayne Court located adjacent to Wayne Avenue, west of Ohio Street. Moved by Commissioner Mathews, seconded by Commissioner Jilka, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #Z01-13, filed by the Salina City Commission, requesting a comprehensive review and amendment to the C-4 (Central Business District) regulations relating to the location of drinking establishments in the Central Business District. (7.1 a) First reading Ordinance No. 01-10056. (7.1b) Declare an emergency exists for second reading on the same day. (7.1c) Second reading Ordinance No. 01-10056. Commissioner Shadwick excused himself from the meeting due to conflict of interest. Dean Andrew, Director of Planning and Community Development, reviewed the schedule of events that has taken place to date. He also explained the proposed ordinance. Commissioner Divine questioned the limitations in the C-4 district and if the Sonic Drive-in was included in the district. Mr. Andrew explained the limitations and clarified that Sonic was not in the district. Commissioner Divine questioned Section 6 of the ordinance pertaining to the definition of restaurant. Mr. Andrew explained the section. Commissioner Divine asked if an establishment serving only alcoholic beverages and has a kitchen would it be considered a restaurant. Mr. Andrew explained the purposes of Sections 4 and 6 of the ordinance. Commissioner Divine expressed her concerns regarding the zoning only being a partial solution to the problem. Mayor Seaton expressed that it would be the intent of City Staff to continue to monitor the activities in the area. Commissioner Jilka expressed his opposition towards the ordinance. Moved by Commissioner Mathews, seconded by Commissioner Divine, to pass Ordinance No. 01-10056 on first reading amending Sections 42-302 and 42-303 of the Salina Code pertaining to permitted and conditional uses in the C-4 zoning district; amending Section 42-306 pertaining to use limitations in the C-4 zoning district and Article XIV by adding definition of restaurant and deleting the definitions of tavern. Aye: (3) Divine, Mathews, Seaton. Nay: (1) Jilka. Abstained: (1) Shadwick. Motion carried. Commission Action # 01-305 01-3051 01-3052 01-3053 Moved by Commissioner Jilka, to amend Ordinance No. 01-10056 to extend conditional use permits to be city-wide and not only the C-4 district. Motion died for lack of second. Mayor Seaton read the changes. Commissioner Mathews explained that he recognized the fact that new applications will need to be studied, but felt that an action is needed. Moved by Commissioner Divine, seconded by Commissioner Mathews, to declare an emergency exists for second reading on the same day. Aye: (4). Nay: (0). Motion carried. Moved by Commissioner Mathews, seconded by Commissioner Divine, to adopt Ordinance No. 01-10056 on seond reading amending Sections 42-302 and 42-303 of the Salina Code pertaining to permitted and conditional uses in the C-4 zoning district; amending Section 42-306 pertaining to use limitations in the C-4 zoning district and Article XIV by adding definition of restaurant and deleting the definitions of tavern. Aye: (3) Divine, Mathews, Seaton. Nay: (1) Jilka. Abstained: (1) Shadwick. Motion carried. ADMINISTRATION (8.1) First reading Ordinance No. 01-10058 approving the issuance of General Obligation Bonds by the Salina Airport Authority in an amount not to exceed $1,450,000 for the purpose of financing the cost of certain capital improvements located at the Salina Airport and Airport Industrial Center. Greg Bengtson, City Attorney, explained the issuance of bonds. Tim Rogers, Salina Airport Authority Executive Director, explained the purpose of the bonds and improvements that are planned. levees. proceeds. Mayor Seaton questioned how the secondary street improvements are being paid. Mr. Rogers explained the street improvements are being paid by the additional mill Commissioner Mathews questioned if there were any concerns regarding the lease Mr. Rogers confirmed that there is an interest of leasing the property and explained the additional cash reserve in the Salina Airport Authority budget. Moved by Commissioner Divine, seconded by Commissioner Jilka, to pass Ordinance No. 01-10058 on first reading approving the issuance of General Obligation Bonds by the Salina Airport Authority in an amount not to exceed $1,450,000 for the purpose of financing the cost of certain capital improvements located at the Salina Airport and Airport Industrial Center. Aye: (5). Nay: (0). Motion carried. None. OTHER BUSINESS ADJOURNMENT 01-3054 Moved by Commissioner Divine, seconded by Commissioner Shadwick, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 4:30 p.m. [SEAL] ATTEST: Aea�" 404e4D Lieu Ann Nicola, City Clerk stin M. S-eat,6n, Mayor