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12-02-2013 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS December 2, 2013 4:00 p.m. i w The City Commission convened at 2:30 p.m. in a Study Session on the Chamber of N Commerce Economic Development Plan. The Regular Meeting of the Board of B 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. Those present and comprising a quorum: Vice -mayor Aaron Householter (presiding), Commissioners Jon R. Blanchard, Kaye J. Crawford, and Randall R. Hardy. Absent: Mayor Barbara V. Shirley Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, Deputy City Clerk ARDS AND PROCLAMATIONS None. FORUM Tracey Sin, 3401/2S. Connecticut, would like an explanation of what the Chamber of Commerce does for the community. Jason Gage, City Manager, responded. Mr. Sin also wished Commissioner Crawford a happy birthday. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of November 25, 2013. 13-0399 Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION (7.1) First reading Ordinance No. 13-10720 amending Article VI of Chapter 13 of the Salina Code pertaining to public contracts. Greg Bengtson, City Attorney, explained the current code language, statutory requirements and the repealed sections. 13-0400 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to pass Ordinance No. 13-10720 on first reading. Aye: (4). Nay: (0). Motion carried. (7.2) Resolution No. 13-7042 amending Resolution No. 13-6987 authorizing the improvement or re -improvement of certain main trafficways and providing for the payment of the costs. Rod Franz, Director of Finance and Administration, explained the originally authorized improvement, change order and the increased bond authorization. Mr. Franz responded to Commissioner Blanchard's question regarding increase in fees or interest rates with the added amount. Jason Gage, City Manager, responded to Commissioner Hardy's question pertaining to the life expectancy of the wiring project. 13-0401 Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to adopt Resolution No. 13-7042. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. Page 1 OTHER BUSINESS (9.1) Request for Executive Session (legal) 13-0412 Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to recess into executive session for five minutes to discuss with legal counsel matters subject to the w attorney-client privilege for the reason that public discussion of those matters would 9 waive the privilege and adversely affect the City's interest in the matters and reconvene at :20 p.m. Aye: (4). Nay: (0). Motion carried. eThe City Commission recessed at 4:15 p.m. and reconvened at 4:23 p.m. Greg BengtCity Attorney, explained that the Memorandum of Understanding from the C;euRt) of Appeals was received today on the tipping case. He urged the Commission to put together a statement of endorsement. Vice -mayor Householter read the following statement of endorsement: The decision of the Kansas Court of Appeals was received today in Saline County's appeal of the Saline County District Court judgment entered in favor of the City in what has come to be known as the "tipping fee' case. The Court of Appeals reversed the ruling of the District Court and directed the District Court to enter judgment in favor of the County. The City (1) expresses its appreciation for the role of the Saline County District Court and the Kansas Court of Appeals in addressing the matter, (2) will not petition the Kansas Supreme Court to review the decision of the Kansas Court of Appeals, and (3) will promptly reimburse the County for the $148,845 bond payment at issue in the case, following entry of judgment by the District Court as directed by the Court of Appeals. 13-0403 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to endorse the statement as read by Vice -mayor Householter. Aye: (4). Nay: (0). Motion carried. 13-0404 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, 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 4:45 p.m. Aye: (4). Nay: (0). Motion carried. City Commission recessed at 4:25 p.m. and reconvened at 4:48 p.m. 13-0405 Moved by Commissioner Hardy, seconded by Commissioner Blanchard, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting adjourned at 4:48 p.m. fSEALI Barb ra V. Shirley, Mayor 1 Lieu Ann Elsey, CMC, City Clerk Page 2