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2.2 03-27-2023 Regular Meeting AgendaCity of SALINA CITY COMMISSION REGULAR MEETING AGENDA CITY -COUNTY BUILDING, 300 W. ASH, ROOM 107 SALINA, KANSAS Sarna MARCH 27, 2023 4:00 P.M. 1. CALL TO ORDER a. Mayor request staff confirmation that the Kansas Open Meeting Act required notice has been properly provided. b. Roll call. 2. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE 3. AWARDS AND PROCLAMATIONS 4. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (4.1) Continuation of public hearing and providing direction regarding a Tennis Complex Naming Rights Agreement and Agreement Related to Funding & Construction of Tennis Building Renovations. 5. CONSENT AGENDA (5.1) Approve the minutes of March 20, 2023. (5.2) Award the bid for project number 23004, Oakdale Avenue Bridge Painting to Southern Coatings of Tarpon Springs, LLC in the amount of $119,995.95 with a 5% ($5,999.80) construction contingency for a total project authorization not to exceed $125,995.75 and authorize the City Manager to execute a contract with Southern Coatings of Tarpon Springs, LLC upon fulfillment of all prerequisites under the bid documents. (5.3) Award the bid for project number 23016, 2023 Mill and Inlay to APAC Kansas Shears Division of Salina in the amount of $1,016,049.40 with a 5% ($50,802.47) construction contingency for a total project authorization not to exceed $1,066,851.87 and authorize the City Manager to execute a contract with APAC Kansas Shears Division of Salina upon fulfillment of all prerequisites under the bid documents. 6. ADMINISTRATION (6.1) Approve Ordinance No. 23-11148 establishing a Turf Maintenance and Replacement Fund and authorize staff to make a $75,000 contribution to the fund in 2023. (6.2) Approve Resolution No. 23-8121 authorizing the City Manager to execute agreements for the purchase of vehicles and equipment approved under the 2023 Sub-CIP. (6.3) Approve Ordinance No. 23-11147 unconditionally approving the issuance of General Obligation Bonds by the Salina Airport Authority for the purpose of financing the cost of certain capital improvements located at the Salina Regional Airport and Airport Industrial Center. (6.4) Authorize the City Manager to execute an agreement with WSKF Architects for Phase 1 Design Services for Fire Station No. 4 in the amount of $147,760. (6.5) Background and discussion of advisability of the issuance of $21,000,000.00 Taxable Industrial Revenue Bonds (Project J.R.) for Becks Superior Hybrids of Atlanta and establishing a Public Hearing Date of April 10, 2023. 7. DEVELOPMENT BUSINESS (7.1) Approve Ordinance No. 23-11149 (repealing and replacing Ordinance No. 22-11139) amending the PC -2 (Planned Neighborhood Shopping) district boundary and approve an amended site development plan for the former Town & Country Veterinary Clinic property at 1001 Schippel Drive. (7.2) Ordinance No. 23-11150, changing the zoning district classification from A-1 (Agricultural) to I-2 (Light Industrial) to allow construction of a sales office and warehouse space for property located on the west side of North Ohio Street south of 1-70, directly south of Foley Equipment Company. 8. OTHER BUSINESS 9. CITIZENS FORUM 10. ADJOURNMENT Cityof CITY COMMISSION AGENDA J GENERAL ORDER OF BUSINESS AND PUBLIC PARTICIPATION POLICY 1. CALL TO ORDER/ROLL CALL 6. ADMINISTRATION 2. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE 7. DEVELOPMENT BUSINESS 3. AWARDS — PROCLAMATIONS 8. OTHER BUSINESS 4. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME 9. CITIZENS FORUM 5. CONSENT AGENDA 10. ADJOURNMENT Study Sessions and City Commission meetings will take place in—person at the City/County Building in Room 107 and via Zoom until further notice. Meetings can be viewed at the City of Salina YouTube channel, https://www.Voutube.com/citVofSalinaKansas. To participate via Zoom, citizens will need to use the following link: https://us02web.zoom.us/i/89275984587 The 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 attending via Zoom must raise their hand so that the meeting host can allow them to speak. Those who attend the in-person meeting will have the opportunity to speak at the podium. Citizens can also send written comments or questions to City Commissioners by visiting the City of Salina's website at www.salina-ks.gov and using the "Email City Commission" icon on the home page. 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 public 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 First 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 three (3) minutes but may be altered and announced by the Mayor based upon the number of persons expected to speak during the 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 efficiency 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 allowed 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 matter, 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. 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 typically 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 on 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 staff 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 matter, 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 interests 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 agreement 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. 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"