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02-11-2002 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS February 11, 2002 4:00 p.m. The City Commission convened at 3:30 p.m. for a Citizen 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 Deborah P. Divine Commissioner Don Heath Commissioner Alan E. Jilka Commissioner Monte D. Shadwick comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Lieu Ann Nicola, City Clerk None. None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The week of February 17d' through the 23rd as "National Engineers Week" in the City of Salina. The proclamation was read by Rob Mahan, President of the Smoky Valley Chapter of Kansas Society of Professional Engineers and civil engineer with Bucher, Willis and Ratliff Corporation. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on Application #CU01-11, filed by Rusty Leister, requesting a Conditional Use Permit to allow a drinking establishment in the C-4 District on property addressed as 117 N. Santa Fe, legally described as the South half of Lot 100 on Santa Fe Avenue in the Original Town of Salina. The public hearing was opened. Commissioner Shadwick excused himself from the meeting due to conflict of interest. Dean Andrew, Director of Planning and Community Development, explained the request, City Commission alternatives, events taken place to date, and the Planning Commission's recommendation. A discussion followed with Commissioner Divine, City Manager Dennis Kissinger, and Mr. Andrew regarding conditions placed on the property and safety concerns. Ken Wasserman, 213 S. Santa Fe, explained modifications made to the plans and requested the application be returned to the Planning Commission for further consideration. 02-3181Moved by Commissioner Divine, seconded by Commissioner Heath, to return Application #CU01-11 to the Planning Commission for further consideration and to be more specific on conditions placed. Aye: (4). Nay: (0). Abstained: (1) Shadwick. Motion carried. Commission Action # 02-31 02-3183 02-3184 — 02-31851 Mr. Kissinger responded to Commissioner Jilka's question regarding the Conditional Use Permit process. Commissioner Shadwick returned to the meeting. CONSENT AGENDA (6.1) Approve the minutes of February 4, 2002. (6.2) Resolution No. 02-5812 authorizing the public sale of approximately $4,865,000 principal amount General Obligation Temporary Notes, Series 2002-1. (6.3) Approval of the 2002 Parks and Recreation Capital Improvement Program. Steve Snyder, Director of Parks and Recreation, summarized the Capital Improvement Program. Moved by Commissioner Divine, seconded by Commissioner Shadwick, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Second reading Ordinance No. 02-10072 vacating Reserve "A" in the Riffel Addition. Mayor Seaton clarified that Ordinance No. 02-10072 was passed on first reading on February 4, 2002, no comments have been received, and the property owner signed and recorded an affidavit with the Register of Deeds acknowledging and consenting to the loss of the public street access. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt Ordinance No. 02-10072 on second reading. A roll call vote was taken. Aye: (5) Divine, Heath, Jilka, Shadwick, Seaton. Nay: (0). Motion carried. (8.2) First reading Ordinance No. 02-10071 designating certain streets as main trafficways and designating certain additional streets as trafficway connections. Dennis Kissinger, City Manager, summarized the ordinance and changes. Mr. Kissinger also responded to Commissioner Divine's question regarding the removal of Bishop and College Streets. Moved by Commissioner Shadwick, seconded by Commissioner Divine, to pass Ordinance No. 01-10071 on first reading. Aye: (5). Nay: (0). Motion carried. (8.3) Resolution No. 02-5811 initiating proceedings for main trafficway and main trafficway connection improvements involving North Ohio Street and related streets. Rodney Franz, Director of Finance and Administration, explained the proceedings. Moved by Commissioner Heath, seconded by Commissioner Jilka, to adopt Resolution No. 02-5811. Aye: (5). Nay: (0). Motion carried. (8.4) City Commission direction to staff regarding the restaurant smoking ban issue. Dennis Kissinger, City Manager, summarized the request and City Commission options. He also responded to Commissioner Shadwick's question regarding smoking on public property. Commission Action # cors000aieose�e 02-318( 02-318' 02-318 02-3189 02-31 Commissioner Shadwick thanked the coalition for their work, but expressed opposition toward considering a smoke-free ordinance. Also thanking the coalition, each remaining Commissioner gave their reasons for staffs continued work on the matter. Moved by Commissioner Divine, seconded by Commissioner Heath, to direct City Staff to complete the legal and management research necessary to prepare an issues and options report and draft a smoke-free restaurant ordinance for further discussion and consideration. Aye: (4). Nay: (1) Shadwick. Motion carried. (8.5) Preliminary consideration of two separate property transactions involving surplus city property at Belmont and Ohio, and a parking lot property at Santa Fe and Ash in downtown Salina. Dennis Kissinger, City Manager, explained the transactions. Mr. Kissinger and Shawn O'Leary, Director of Engineering and General Services, responded to Commissioner Heath's and Commissioner Divine's questions regarding property ownership and estimated cost of lighting. Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve both transactions in concept, and authorize the City Manager and City Attorney to negotiate appropriate agreements with Sunflower Bank and the Chamber of Commerce. (8.6) Approve the remaining 2002 Vehicle and Equipment, Phase 1 purchases. Jason Gage, Assistant City Manager, explained the purchases. Moved by Commissioner Shadwick, seconded by Commissioner Divine, to approve the purchase of the remaining 2002 Vehicle and Equipment, Phase 1 purchases. Aye: (5). Nay: (0). Motion carried. (8.7) Moved by Commissioner Heath, seconded by Commissioner Jilka, to recess into executive session for 30 minutes for preliminary discussion relating to the acquisition of real estate for the reason that public discussion of the matter could jeopardize the ability of the City to acquire the real estate; and reconvene at 5:32 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:02 p.m. and reconvened at 5:32 p.m. Moved by Commissioner Jilka, seconded by Commissioner Divine, that the City Commission reconvene into the current executive session for an additional 15 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:32 p.m. and reconvened at 5:47 p.m. No action was taken. None. OTHER BUSINESS ADJOURNMENT 02-3191 Moved by Commissioner Shadwick, seconded by Commissioner Heath, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:47 p.m. 4stin M. Se on, Mayor [SEAL] ATTEST: va&aaj�1 Lieu Ann Nicola, City Clerk