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02-03-2014 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS February 3, 2014 y , 4:00 p.m. w The City Commission convened at 2:30 p.m. in a Study Session on the Capital y Improvement Plan. The Regular Meeting of the Board of Commissioners was called to 8 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. U 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 Shandi Wicks, Interim City Clerk AND PROCLAMATIONS (3.1) The month of February, 2014 as "National AMBUCS Month" in the city of Salina. Natasha Gawith, President of Noon Network AMBUCS, read the proclamation and announced upcoming events. (3.2) The month of February, 2014 as "Black History Month" in the city of Salina. Private 1st Class Sean Udofia read the proclamation and announced upcoming events. (3.3) The month of February, 2014 as "Teen Dating Violence Awareness Month" in the city of Salina. Sheila Beeson, LBSW- Teen Violence Coordinator, read the proclamation and announced upcoming events. CITIZEN FORUM ' None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of January 27, 2014. (6.2) Award the East Magnolia Landscape project, Project No. 13-2997, to Landscape Consultants of Salina for $135,112.04 plus a 5% construction contingency of $6,755.60. Commissioner Hard), would like Item 6.2 removed from the consent agenda and placed on the regular agenda. 14-0038 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to approve the consent agenda except item 6.2. Aye: (5). Nay: (0). Motion carried. 14-0039 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to recess into executive session for 30 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, to discuss confidential data relating to the financial affairs and trade secrets of a corporation and for the reason that public discussion of the information would competitively disadvantage the corporation and for the purpose of discussing matters pertaining to non -elected City personnel for the reason that public discussion of the matter would violate the privacy rights of the non -elected personnel involved and reconvene at 4:45 p.m. The City Commission recessed into executive session at 4:15 p.m. and reconvened at 4:49 p.m. No action was taken. Page 1 (6.2) Award the East Magnolia Landscape project, Project No. 13-2997, to Landscape Consultants of Salina for $135,112.04 plus a 5% construction contingency of $6,755.60. Dan Stack, City Engineer, explained the project, bidding process and staff w recommendations. y Mr. Stack responded to Commissioner Hardy's question pertaining to the status of the project and the original bidder. Mr. Gage also responded. g Commissioner Householter noted that Mr. Wagoner originally owned Earthcare and repurchased the business upon closure and hired employees back to keep a good business in Salina. Mr. Stack and Mr. Gage responded to Commissioner Hardy's question pertaining to the smaller rock size than what was originally specified in the bid. Mr. Gage provided the Commission with recommended motion information pertaining to the original specifications. Commissioner Blanchard provided his thoughts on the size of rock for the project. Mr. Stack responded to Commissioner Blanchard's question pertaining to the project timeline. 14-0040 Moved by Commissioner Hardy, seconded by Commissioner Householter, to authorize the East Magnolia Landscape construction project, Project No. 13-2997, to Landscape Consultants of Salina for $135,112.04 plus a 5% construction contingency of $6,755.60 with staff recommendations with the original rock or a suitable substitute. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) First reading Ordinance No. 14-10730 amending section 5-25 of the city code ' to permit consumption of alcoholic liquor on the Salina Bicentennial Center parking lot and grounds. Dion Louthan, Director of Parks and Recreation, explained the state statute, current city code and proposed amendment. Mr. Louthan and Mr. Gage responded to Commissioner Hardy's question pertaining to the identification of the Bicentennial Center grounds. Greg Bengtson, City Attorney, responded to Commissioner Blanchard's questions pertaining to the state statute pertaining to the consumption of alcohol on parking lots and grounds. Commissioner Blanchard stated the need for specific defined rules and regulations to be put into place for liability reasons. Commissioner Crawford concurred with Commissioner Blanchard. Mr. Gage provided an example. Commissioner Blanchard noted his concerns. Mr. Louthan provided additional information on the ability for the Bicentennial Center to hold events outside the building and information on requests received from event participants for the need of outside tailgating abilities. A conversation ensued between Commissioner Blanchard, Mr. Louthan and Mr. Gage on the need ' for signage on the property, if the request is a city or Global Spectrum driven request and if it is a profitable and marketable idea. Ron Rideout, Global Spectrum also responded. 14-0041 Moved by Commissioner Householter, seconded by Commissioner Hardy, to pass Ordinance No. 14-10730 on first reading. Aye: (5). Nay: (0). Motion carried. (7.2) Resolution No. 14-7078 authorizing the sale and conveyance of certain property to Ovation Cabinetry, Inc. Greg Bengtson, City Attorney, explained the industrial revenue bonds for Ovation Cabinetry, Inc. and the process to transfer the property back to Ovation Cabinetry. Mr. Bengtson responded to Commissioner Householter's question pertaining to the Page 2 property on the tax rolls. 14-0042 Moved by Commissioner Crawford, seconded by Commissioner Blanchard, to adopt Resolution No. 14-7078. Aye: (5). Nay: (0). Motion carried. IIDEVELOPMENT BUSINESS w None. OTHER BUSINESS (9.1) Request for executive session (legal, trade secrets and personnel). 14-0043 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to recess into executive session for 60 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, to discuss confidential data relating to the financial affairs and trade secrets of a corporation and for the reason that public discussion of the information would competitively disadvantage the corporation and for the purpose of discussing matters pertaining to non -elected City personnel for the reason that public discussion of the matter would violate the privacy rights of the non -elected personnel involved and reconvene at 6:20 p.m. The City Commission recessed into executive session at 5:20 p.m. and reconvened at 6:20 p.m. No action was taken. 14-0044 Moved by Commissioner Crawford, seconded by Commissioner Householter, to extend the current executive session for an additional 15 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:20 p.m. and reconvened at 6:35 p.m. No action was taken. 1 14-0045 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to extend the current executive session for an additional 15 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:35 p.m. and reconvened at 6S0 p.m. No action was taken. 14-0046 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to extend the current executive session for an additional 5 minutes. Aye: (5). Dray: (0). Motion carried. The City Commission recessed into executive session at 6:50 p.m. and reconvened at 6:55 p.m. No action was taken. 14-0047 Moved by Commissioner Blanchard, 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 6:55 p.m. [SEAL] arbara V. Shirley, Mayor ATTEST: IlShandi Wicks, CMC, Interim City Clerk Page 3