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02-06-2012 MinutesCITY OF SALINA, KANSAS ,REGULAR MEETING OF THE BOARD OF COMMISSIONERS February 6, 2012 4:00 p.m. W The City Commission convened at 3:45 p.m. in a Study Session on 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 o N C moment of silence. O " There were present: Mayor Samantha P. Angell, Presiding Officer Commissioner Kaye J. Crawford Commissioner Aaron Householter Commissioner Norman Jennings Commissioner Barb Shirley comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk CITIZEN FORUM Janice Norlin, 608 E. Republic, urged the City Commission to amend Chapter 13 of the Salina Code by adding sexual orientation and gender identity to the list that precludes discrimination. She continued to outline the proposed amendments and statistics regarding discrimination. Commissioner Householter asked that Ms. Norlin explain the current state law. Ms. Norlin responded. Larry Bunker, 821 Highland Avenue, urged the Commission to pass the proposed ordinance. Mr. Bunker felt that the ordinance would be a step towards equality. David Silverman, 803 Highland Avenue, commented that Kansas Wesleyan University recently added LGBT to their protected status at their campus. Jim. Leckliter, .Salina, Kansas, explained that he was kicked out of the military for being gay and expressed the importance of the ordinance. Claudette Almarez, ' Rachel Humphrey, 1951 Glendale, felt that it is vital to the community to stop discrimination and urged the commission to act on the ordinance. Rev William Salmon, 744 S. 10th, commented that the Pledge of Allegiance states "justice for all" and all means all. Sherry Harp, 821 Hancock, expressed her opposition. She feels that our community treats people fairly. Tracey Sin, 229 S. 2nd, felt that the proposed ordinance is needed- and that there is a lot of bigotry. Hugh Irvin, Kansas State University, outlined new programs introduced within the university. He continued to state that there are people who would be fired if they let people know that they are LGBT. Beverly Cole, 720 Colonial Court, felt that the community should affirm people no matter who they are. Stephanie Mott, Topeka, KS, Chair Kansas Equality Coalition, has done workshops across 'the state " on LGBT and transgender issues. She explained' her personal experiences and that it is not right to discriminate. Shirley Jacques, 509 W. Republic, supported the amendment because she felt it is the decent thing to do. Kathleen Willow, 817 W. Ash, wants the children of Salina to grow up knowing that this is a place that supports equal rights for all. Page 1 1 1 Robert Noland, Kansas Family Policy Council in Wichita, KS, felt that the effects of the amendment will not be minimal and these are very subjective categories. Mr. Noland encouraged the Commission to slow down and seek opinions from citizens. Carol Reed, 417 Venus, felt that everyone has human rights issues and thinks Salina z does a good job of respecting each other. a w Kay Tar, 2327 Northwood Lane, commented on laws that are in place to protect against color and the proposed ordinance would make sure everyone is aware that everyone is equal. N o C Tonda McGrath, 810 Mike Drive, shared her experiences with discrimination at her employment and there currently is no protection in this area. Jason Gage, City Manager, outlined the rules and procedures of adding the item to today's or a future agenda. Mr. Gage continued to explain that historically Salina has followed federal and state regulations on protected classes and whether the City Commission sees them in a representative or parental role. Commissioners Householter and Shirley commented that they were in support of placing the item on a future agenda. 12-0011 Moved by Commissioner Shirley to place the item on the agenda for February 201h. Commissioner Crawford felt that the issue should go through the Human Relations Commission. She continued to explain that the Human Relations Commission is a civil rights office and responsible for enforcement and public education. She continued to comment that there are still a lot of other things that need to be looked at and the public has the right to have input. Mr. Gage then noted the option of special election. Commissioner Householter felt that a special election was not necessary. A discussion followed between the Commission; Mr. Gage, and City Attorney Greg" Bengtson regarding the responsibilities of the Human Relations Commission and using the Human Relations Commission as a . recommending body, placing the item on a future agenda, enforcement, public forums, gathering information, class protection, and future presentations. Commissioner Householter stated that the issue is not to refuse someone and wasn't sure what was to be gained by hearing more people. He felt that this was basic fundamentals. A discussion followed between Commissioner Householter, Commissioner Jennings, Commissioner Crawford and Mr. Gage regarding placing the item on the agenda, going through a review process, and public education. Commissioner Shirley restated her motion to place the item on the agenda in the next 90 days, to direct staff to look into the issue, have the Human Relations Commission conduct the public forums and provide a recommendation to the City Commission. Commissioner Householter seconded the motion. Mayor Angell called the question. Aye: (3) Crawford, Householter, Shirley. Nay: (2) Jennings, Angell. Motion carried. AWARDS AND PROCLAMATIONS (4.1) The month of February 2012 as "National AMBUCS Month" in the city of Salina. Amanda Groh, Noon Network AMBUCS Chapter Vice President, read the proclamation. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of January 23, 2012. Page 2 (6.2) Award of contract for the 2012 Microsurfacing, Project No. 12-2901 to Ballou Construction Company in the amount of $217,875 with a 3% construction contingency of $6,536.25. (6.3) Authorize the purchase of six turbidimeters at the Water Treatment Plant Filter Building from R.E. Pedrotti Company, Inc. in the amount of $14,973. W Mayor Angell questioned on how the budget overage in Item 6.2 would be handled. Dan Stack, City Engineer, explained that future projects would be adjusted. 12-0012 Moved by Commissioner Householter, seconded by Commissioner Crawford, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application Z11-7 (filed by the Salina City Planning Commission) requesting a comprehensive review of the permitted and conditional uses allowed in the C-1 through C-3 and C-5 through C-7 Commercial zoning districts, the I-1 through 1-3 Industrial zoning districts and the Home Occupation regulations in Section 42-60 to determine in which districts and under what circumstances tattoo parlors and body piercing studios should be permitted to locate within the city limits. (7.1a). First reading Ordinance No. 12-10629. Dean Andrew, Director of Planning, explained the request and the Planning Commission's recommendation. Mr. Andrew then responded to Commissioner Jennings' question regarding distance requirements, and Commissioner Householter's question regarding zoning for beauty parlors. 12-0013 Moved by Commissioner Jennings, seconded by Commissioner Householter, to pass Ordinance No. 12-10629 on first reading. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Award of contract for the Ohio and Crawford Intersection Improvements, Project No. 10-2815. Dan Stack, City Engineer, explained the project, bids received, and funding. Mayor Angell thanked staff for meeting with the surrounding neighborhood. Mr. Stack responded to Commissioner Jennings' question regarding the construction timeframe for the East Magnolia improvements. He then responded -to Commissioner -Shirley's question regarding the engineer's estimate. 12-0014 Moved by Commissioner Shirley,second ed by Commissioner Householter, to award the contract for the Ohio and Crawford Intersection Improvements, Project No. 10-2815. Aye: (5). Nay: (0). Motion carried. (8.2) Award of contract for the East Magnolia Road Improvements, Project No. 10-2808. Dari Stack, City Engineer, explained project, bids received, and funding. 12-0015 Moved by Commissioner Jennings, seconded by Commissioner Crawford, to award the contract for the East Magnolia Road Improvements, Project No. 10-2808 to Smoky Hill, LLC for $2,745,579.85 and allow a 3% construction contingency of $82,367.40. Aye: (5). Nay: (0). Motion carried. Mayor Angell asked for clarification of the project award of Item 8.1 12-0016 Moved by Commissioner Shirley, seconded by Commissioner Householter, to award the contract for the Ohio and Crawford Intersection Improvements, Project No. 10-2815 to Pavers, Inc. in the amount of $466,290.29, which includes a 5% contingency of $21,347.16 and $18,000 in potential bonus. Aye: (5). Nay: (0). Motion carried. (8.3) Authorize a contract for the purchase and implementation of Development Services software. Michael Schrage, Deputy City Manager, explained the current practice, review process, potential improvements, recommendation, and funding. Page 3 A discussion followed Mayor Angell, Mr. Schrage, City Manager Jason Gage, Commissioner Jennings, Commissioner Householter, and Director of Development Services Gary Hobbie regarding efficiencies and required hardware. 12-0,017 Moved by Commissioner Crawford, seconded by Commissioner Householter, to authorize an agreement with GovPartner for software implementation and annual software licensing at a cost not to exceed $60,000 for the first year and $30,000 per year for the following four years. Aye: (5). Nay: (0). Motion carried. (8.4) First reading Ordinance No. 12-10628 amending Section 8-185 of the Salina Code to make allowances under certain conditions for a master skilled tradesman to serve as the designated master for more than one business entity. Elvin DeVorss, Building Official, explained the request, the Building Advisory Board's recommendation, and future review of serving as a master or qualified individual for more than one company. 12-0018 Moved by Commissioner Householter, seconded by Commissioner Jennings, to pass Ordinance No. 12-10628 on first reading. Aye: (5). Nay: (0). Motion carried. City Manager Jason Gage commented on the future review of skilled trades and qualified individual working for more than one licensed contractor. It was the City Commission's consensus to direct the Building Advisory Board to review the matter. (8.5) Resolution No. 12-6876 making the Bicentennial Center basketball court a "qualified" municipal facility for naming purposes. Jason Gage, City Manager, explained the naming policy and request. He also noted that staff had checked potential management company on whether they are in agreement with the request. He confirmed that they were. John Blanchard, 1117 State Street, expressed his support of the request. 12-0019 Moved, by2 Commissioner Jennings, seconded. by _Commissioner, Householter, to;:.adopt Resolution No. 12-6876. Aye: (5). Nay: (0). Motion carried. (8.6) Request for executive session .(legal). 12-0020 Moved by Commissioner Jennings, seconded by Commissioner Householter, to recess into executive session for 20 minutes to discuss with legal counsel matters subject to the attorney- client privilege for the reason that public discussion of those matters would waive the privilege and adversely affect the City's interest in the matters and reconvene at 6:40p.m. The Commission recessed into executive session at 6:20 p.m. and reconvened' at 6:50 p.m. No action was taken. OTHER BUSINESS None. ADJOURNMENT 12-0021 Moved by Commissioner Shirley, seconded by Commissioner Crawford, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:50 p.m.. [SEAL] S an aWnfl, or ATTEST: Shandi Wicks, Deputy City Clerk Page 4