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02-01-2021 Agenda - AMENDED CITY COMMISSION AGENDA GENERAL ORDER OF BUSINESS AND PUBLIC PARTICIPATION POLICY 1. CALL TO ORDER/ROLL CALL 6. CONSENT AGENDA 2. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE 7. ADMINISTRATION 3. AWARDS – PROCLAMATIONS 8. DEVELOPMENT BUSINESS 4. CITIZEN FORUM 9. OTHER BUSINESS 5. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME 10. ADJOURNMENT Study Sessions and City Commission meetings will take place via Zoom until further notice. You can view the meetings at the City of Salina YouTube channel, https://www.youtube.com/cityofSalinaKansas To participate in the meetings, citizens will need to use the Zoom link: https://us02web.zoom.us/j/89275984587 The Zoom meeting can also be accessed by phone at 1-346-248-7799. Enter Meeting ID: 892 7598 4587 when prompted. If citizens wish to speak, either during the public forum or when the Mayor requests public comment on an item, citizens must raise their hand so that the meeting host can allow them to speak. Citizens can also send written comments or questions to City Commissioners via email at citycommission@salina.org. In order for the commissioners to have an opportunity to review comments in advance of the meeting, please email your comments or questions by 5:00 p.m. the Sunday prior to the Monday meetings. Introduction Under the Kansas Open Meetings Act (KOMA), the pu blic has the right to observe the meetings of the Salina City Commission, unless the City Commission has recessed into a lawfully conducted executive session. The KOMA does not require the opportunity for public comment – that opportunity is provided at the discretion of the City Commission, except as required by State law or City ordinance in certain specific circumstances. This policy outlines the various circumstances under which the City Commission meets and elaborates on the City Commission’s Rules of Procedure by addressing the rules regarding the time, place, and manner of public participation in the City Commission meetings from the standpoint of the participating member of the public. This policy is intended to strike a lawful balance between Firs t Amendment protections and the substantial public interests of (1) assuring that meetings of the City Commission can occur in an efficient, orderly, and safe manner and (2) promoting productive public discourse regarding the governance and administration of the City while maintaining decorum in an environment free from interference, distraction, or intimidation, whether real or perceived, by any person present in the meeting room toward Commissioners or members of the public. Submission of Written Information Written information may be submitted to the City Clerk prior to a City Commission meeting for distribution to Commissioners and key staff members or may be presented during the meeting upon recognition by the Mayor as a speaker in the manner described below. Ten (10) copies should be provided to insure that all applicable parties are able to receive and review the information provided. Citizen Forum Citizen Forum provides an opportunity for Salina citizens to address the City Commission on a topic which is not on the meeting agenda. After the Mayor announces Citizen Forum, any citizen wishing to address the City Commission should, in turn, approach the podium to be recognized by the Mayor. Upon recognition by the Mayor, the speaker must indicate his or her name and city of residence and may address the City Commission for no longer than the allowed time period which is typically five (5) minutes but may be altered and announced by the Mayor based upon the number of persons expected to speak during th e Citizen Forum. While addressing the City Commission, the speaker may request permission from the Mayor to distribute any written information to Commissioners, the City Manager, and the City Clerk. The City Commission is not expected to take immediate action in response to the presentation. At the discretion of the City Commission, subjects introduced under Citizen Forum may be referred to City staff for follow-up or may become an agenda item for a future meeting. A speaker should not expect to engage in two-way dialogue with the City Commission. A speaker should provide his or her comments for commissioners’ consideration at their discretion. Consent Agenda The Consent Agenda assembles routine action items for collective approval in the interest of effic iency of the meeting. Any item may be removed from the Consent Agenda for separate consideration either (a) at the request of a Commissioner or City staff, or (b) by majority vote of the City Commission upon request by a Salina resident directed to City staff or a Commissioner either prior to the start of the meeting or during Citizen Forum without discussion. Public Hearings and Regular Agenda Items Following introduction of any public hearing or regular agenda item, consideration of the item will ordinarily begin with a staff report followed by Commissioners’ questions of staff. If the matter involves an applicant, the applicant or the applicant’s representative will be given the opportunity to address the City Commission. In the case of a public hearing, the public hearing shall be conducted in the manner required by State law or Salina ordinance and any person entitled to address the City Commission shall be provided that opportunity, regardless of his or her viewpoint on the matter, subject to the al lowed time period. In the case of a regular agenda item, subject to the discretion of the City Commission, any interested persons wishing to address the City Commission regarding the subject of the agenda item, regardless of his or her viewpoint on the ma tter, may be given the opportunity do so, subject to the allowed time period. In the case of either a public hearing or regular agenda item, those allowed to address the City Commission may do so by, in turn, approaching the podium to be recognized by the mayor. Public Hearings and Regular Agenda Items , Cont’d. Upon recognition by the Mayor, the speaker must indicate his or her name and city of residence and may address the subject of the agenda item for no longer than the allowed time period which is t ypically three (3) minutes but may be altered and announced by the Mayor based upon the number of persons expected to speak during the public hearing or regular agenda item. While addressing the City Commission, the speaker may request permission from the Mayor to distribute any written information regarding the subject of the agenda item to City Commissioners, the City Manager, and the City Clerk. The speaker should avoid repeating what has already been said and should feel free to simply state whether he or she is or is not in support of the matter being discussed. A speaker should not expect to engage in two-way dialogue with the City Commission. A speaker should provide his or her comments for commissioners’ consideration at their discretion. Executive Session The Kansas Open Meetings Act allows the City Commission to recess into an executive session based upon certain justifications outlined in the act. The City Commission may recess into executive session based upon a motion that includes (1) a statement describing the subjects to be discussed during the executive session, (2) the statutory justification for the executive session, and (3) the time and place at which the open meeting shall resume. Executive sessions are closed to the public, however, when conducting an executive session, the City Commission will recess to another location so that members of the public attending the open meeting will be allowed to remain in the meeting room. Study Session The City Commission may meet in study session o n topics determined by the City Manager or the City Commission on a specific date and time. As the name suggests, the study session is intended to provide a less formal opportunity for the City Commission to study, discuss, and provide direction to City s taff regarding the subject under study. Study sessions are open to the public, however, the extent of public participation is subject to the discretion of the City Commission based upon available time during the study session and the need for public input in order to accomplish the objectives of the City Commission in studying the subject of the study session. Special Limited Public Forum A special limited public forum may be called by the City Commission for the purposes of (a) conducting public discussion and (b) seeking public comment and/or the submission of written information regarding a particular subject matter. A special limited public forum may be convened in the City Commission’s regular meeting room or at an alternative, publicly accessible site suitable for the anticipated number of participants in the forum. At the appointed time on the agenda, any persons wishing to address the City Commission regarding the subject of the special limited public forum, regardless of their viewpoint on the m atter, may do so by, in turn, approaching the podium or microphone to be recognized by the Mayor. Upon recognition by the Mayor, the speaker must indicate his or her name and city of residence and may address the subject of the special limited public forum for no longer than the allowed time period determined and announced by the mayor based upon the number of persons expected to speak during the forum. While addressing the City Commission, the speaker may request permission from the Mayor to distribute any written information regarding the subject of the special limited public forum to City Commissioners, the City Manager, and the City Clerk. Forms of Communication or Expression Not Allowed in the Meeting Room To assure fulfillment of the substantial public interests outlined above, no member of the public attending the City Commission meeting shall in the meeting room engage in the following forms of communication or expression found by the City Commission to be in conflict with the substantial public int erests outlined above and, therefore, not allowed in the meeting room (the “disallowed conduct”): Before, during, or after the meeting: (1) Possessing, placing, or displaying a sign, placard, flag, or banner, regardless of its size, the material of which it is made, or its written, graphic, or symbolic content; During the meeting: (2) Audibly speaking, or making any sound or noise other than while speaking as a speaker recognized by the mayor; (3) Applauding, whistling, cheering, clapping or otherwise expressing ag reement with a speaker recognized by the mayor; (4) Booing, jeering, taunting, ridiculing, mocking or otherwise expressing disagreement with a speaker recognized by the mayor; (5) Inaudibly mouthing or gesturing messages deemed to be distracting to other persons in the meeting room; (6) Making available or distributing written materials to those in attendance. Forms of Communication or Expression Not Allowed in the Meeting Room , Cont’d. Persons attending a City Commission meeting must turn off or set on vibrate all cellular telephones. Any person exhibiting any form of the disallowed conduct will first be warned by the Mayor to cease. If the person continues the disallowed conduct, the Mayor may ask the person to leave the meeting room. If the person does not promptly leave the meeting room, the Mayor may direct that the person be escorted from the meeting room. Agenda Information Copies of the agenda are available in the Office of the City Clerk on Thursday afternoon preceding the regular meetings. Items for the agenda should be submitted to this office prior to noon the Wednesday preceding a regularly scheduled Monday meeting. Information regarding the agenda may be obtained from Room 206 in the City-County Building, located at 300 W. Ash, Salina, KS or visiting our website at www.salina-ks.gov. “CITIZEN PARTICIPATION IS THE CORNERSTONE OF DEMOCRACY” SALINA CITY COMMISSION REGULAR MEETING AGENDA - AMENDED CITY-COUNTY BUILDING, 300 W. ASH, ROOM 107 SALINA, KANSAS FEBRUARY 1, 2021 4:00 P.M. 1. CALL TO ORDER a. Mayor request staff confirmation that Kansas Open Meeting Act required notice has been properly provided b. Roll call 2. MOMENT OF SILENCE 3. AWARDS AND PROCLAMATIONS (3.1) The month of February 2021 as “Black History Month” in the city of Salina. Sandra Beverly will read the proclamation. (3.2) The month of February 2021 as “Teen Dating Violence Awareness Month” in the city of Salina. Caitlyn Butts will read the proclamation. 4. CITIZENS FORUM 5. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME 6. CONSENT AGENDA (6.1) Approve the minutes of January 25, 2021. (6.2) Resolution No. 21-7934 concluding the 2020 Evaluation of the City Manager’s Performance. (6.3) Consider Resolution No. 21-7931, authorizing and providing for the replacement of four (4) rooftop HVAC units in Great Plains Manufacturing Convention Hall and relocation of HVAC controls for these units to connect to the main floor control system at Tony’s Pizza Event Center and authorizing the issuance of Temporary Notes and/or General Obligation Bonds of the City to pay the costs thereof. (6.4) Consider Resolution No. 21-7932, authorizing and providing for the replacement of portable basketball floors at Tony’s Pizza Event Center and authorizing the issuance of Temporary Notes and/or General Obligation Bonds of the City to pay the costs thereof. 7. ADMINISTRATION (7.1) Second reading Ordinance No. 21-11050 amending the Future Land Use Map of the Salina, Kansas Comprehensive Plan to change the future land use designation of property located on Cortland Circle south of Schilling Road and west of South Ohio Street from future Employment to future Neighborhood Center and amending the text of the narrative describing the Neighborhood Center land use category of the Salina Comprehensive Plan to add C -5 and PC-5 to the list of Potential Zoning Districts under the Neighborhood Center land use category. (7.2) Second reading Ordinance No. 21-11051 changing the zoning district classification from PC-6 (Planned Heavy Commercial) to PC-5 (Planned Service Commercial) for the property that is legally described as Lots 1-5, Block 4 and Lots 1-4, Block 5 in the Corrected Plat of Liberty Addition No. 2, an addition to the City of Salina, Saline County, Kansas. (7.3) Resolution No. 21-7935 authorizing the Mayor to enter in to a lease with the Saline County Fair Association. 8. DEVELOPMENT BUSINESS None 9. OTHER BUSINESS (9.1) Request for executive session (legal). I move the City Commission recess into executive session for ___ minutes to discuss with legal counsel the subject of legal considerations relating to defense of the case of William Sheppard and Cornerstone Development Group, L.L.C. v. City of Salina and City of Salina Planning Commission based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship pursuant to K.S.A. 75-4319(b)(2). The open meeting will resume via the same Zoom link and the City of Salina YouTube channel at _____ p.m. (9.1a) Possible action to follow. 10. ADJOURNMENT