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05-20-2013 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS May 20, 2013 4:00 p.m. w The City Commission convened at 3:45 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, 9 City -County Building. A roll call was taken followed by the Pledge of Allegiance and a ' moment of silence. Those present and comprising a quorum: Mayor Barbara V. Shirley (presiding), Commissioners Jon R. Blanchard, Kaye J. Crawford, Randall R. Hardy, and Aaron Householter Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager, Greg Bengtson, City Attorney; and Lieu Ann Elsey, City Clerk AWARDS AND PROCLAMATIONS (3.1) The week of May 19-25, 2013 as "National Public Works Week' in the city of Salina. Christina Franklin with the Public Works Department read the proclamation and announced upcoming events. (3.2) The day of May 25, 2013 as "Poppy Day" in the city of Salina. Sue Herrman, Vice - President of the American Legion Auxiliary, read the proclamation and announced upcoming events. CITIZEN FORUM Tracey Sin, 340 1/2 S. Connecticut, thanked Martinilli s and Santa Cruz Burritos for setting up a program for our youths that would like to become a chef. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME ' None. CONSENT AGENDA (6.1) Approve the minutes of May 13, 2013. (6.2) Resolution No. 13-7008 appointing members to the Business Improvement District (Lee District) Board of Advisors and Convention and Tourism Committee. 13-0156 (Moved by Commissioner Crawford, seconded by Commissioner Householter, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. ADMINISTRATION (8.1) Resolution No. 13-7007 initiating proceedings for the Ninth and Cloud intersection improvements. Rod Franz, Director of Finance and Administration, explained the project and funding. A discussion followed between Commissioner Hardy, Mr. Franz, City Manager Jason Gage regarding cost allocations, state funding, project design, bonding levels, mill levy, debt service, and sales tax funding, 13-0157 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to adopt Resolution No. 13-7007. Aye: (5). Nay: (0). Motion carried. Approve Change Order No. 1 for the Sanitary Sewer Improvements, Project No. 12- 2933 (to Stevens Contractors, Inc. in the amount of $16,997). Martha Tasker, Director of Utilities, explained the project and funding. Ms. Tasker then responded to Mayor Shirley's questions on whether she foresaw this issue to occur with other locations; she responded by explaining that this was an unique situation, but could not say if it would not happen again. Page 1 Further discussions followed with Commissioner Blanchard, Ms. Tasker, Commissioner Householter, City Manager Jason Gage, and Commissioner Hardy regarding the project specifications, location verification, depth of the force main, utility markings and locates, and use of the TV camera equipment. 13-0158 Moved by Commissioner Hardy, seconded by Commissioner Crawford, to approve Change Order No. 1 for the Sanitary Sewer Improvements, Project No. 12-2933 to Stevens Contractors, N Inc. in the amount of $16,997 for a total contract amount of $131,359. Aye: (5). Nay: (0). Motion carried. (8.3) Authorize Stevens Contractors, Inc. to install a water main connection from Quail Meadows Estates Addition to the Bonnie Ridge Addition. Martha Tasker, Director of Utilities, explained the location of the platted areas, Quail Meadows infrastructure project, connection into the existing system, fire flows, and scope of work., funding. 13-0159 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to authorize Stevens Contractors, Inc. to install a water main connection from Quail Meadows Estates Addition to the Bonnie Ridge Addition in the amount of $10,998. Aye: (5). Nay: (0). Motion carried. (8.4) First reading of Charter Ordinance 37 repealing Charter Ordinance 14 exempting the city from provisions of K.S.A. 41-719 pertaining to consumption of alcoholic liquor in public places. Michael Schrage, Deputy City Manager, explained the state statutes, Charter Ordinance 14, and proposed ordinance. Mr. Schrage also responded to Commissioner Blanchard's questions regarding charter ordinance voting requirements and petition referendums. 13-0160 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to pass Charter Ordinance No. 37 on first reading. Aye: (5). Nay: (0). Motion carried. ' (8.5) First reading Ordinance No. 13-10697 amending Chapter 5, Article II and IV of the Salina Code by permitting microbreweries to engage in activities authorized by Kansas law. Greg Bengtson, City Attorney, explained the state regulations, definitions, and proposed regulations. A discussion followed between Commissioner Hardy, City Manager Jason Gage, Mayor Shirley, Commissioner Householter, Commissioner Blanchard, Deputy City Manager Michael Schrage regarding days of sales for consumption and package sales. Commissioner Hardy expressed his concerns with restraining trade by anot allowing Sunday sales. Tracey Sin, 340 1/2 S. Connecticut, expressed his support of Sunday sales and the need for fair trade. 13-0161 II Moved by Commissioner Householter, seconded by Commissioner Hardy, to pass Ordinance No. 13-10697 on first reading. Aye: (5). Nay: (0). Motion carried. 13-0162 11 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to move Other Business prior to the executive session. Aye: (5). Nay: (0). Motion carried. ' OTHER BUSINESS Commissioner Crawford commented on the article in The Salina Journal on Bill Talley, a Vietnam POW and guest speaker at a recent Rotary Club meeting. She urged everyone to remember our soldier from the Vietnam War. (8.6) Request for executive session (legal). 13-0163 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to recess into executive session for 15 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 5:30 p.m. Aye: (5). Nay: (0). Motion carried. Page 2 13-0164 z a w N ADJOURNMENT Moved by Commissioner Householter, seconded by Commissioner Hardy, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:40 p.m. [SEAL] T ST: Lieu Ann Elsey, CMC, City erk Barbara V. Shirley, Mayor Page 3