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06-09-2014 Minutes• CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS June 9, 2014 4:02 p.m. w The City Commission convened at 2:30 p.m. for Access TV Performance Review and at 3:45 p.m. for Citizens Forum. The Regular Meeting of the Board of Commissioners was called to order at 4:02 p.m. in Room 107, a City -County Building. Roll call was taken followed by the Pledge of Allegiance and a moment of ' silence. Those present and comprising a quorum: Mayor Aaron Householter ,(presiding), Commissioners Jon R. Blanchard, Kaye J. Crawford, and Randall R. Hardy. Absent: Commissioner Barbara V. Shirley. Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. AWARDS AND PROCLAMATIONS None. CITIZEN FORUM • None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME CONSENT AGENDA (6.1) Approve minutes of June 2, 2014. (6.2) Resolution No. 14-7113 appointing members to various boards and commissions. (6.3) Award of contract for the Vortex Avenue Waterline, Project No. 14-3033 to Stevens ' Contractors, Inc. in the amount of $45,690. (6.4) Authorize the Mayor to execute a specialty contractor agreement for Laboratory Support -1st Quarter Groundwater Monitoring Event to ALS Environmental,1 in an amount not to exceed $19,108; a specialty contractor agreement for Surveying Support-1�t Quarter Groundwater Monitoring Event to Wilson & Company, Inc., in an amount not to exceed $4,975; and a specialty contractor agreement for Waste Disposal Services -1st Quarter Groundwater Monitoring Event to Environmental Management, in an amount not to exceed $6,003. (6.5) Resolution No. 14-7112 authorizing the City Manager to submit, on behalf of the City, a video service provider agreement letter to Southwestern Bell Telephone Company, d/b/a AT&T Kansas. (6.6) Resolution No. 14-7105 adopting a management method of street regulatory and warning • signs in accordance with standards set forth in the 2009 Manual of Uniform Traffic Control Devices (MUTCD). Commissioner Hardy requested that Item 6.5 be removed from the consent agenda. Page 1 JgW4-0160 Moved by Commissioner Crawford, seconded by Commissioner Blanchard, to approve the consent agenda except Item No. 6.5. Aye: (4). Nay: (0). Motion carried. (6.5) Resolution No. 14-7112 authorizing the City Manager to submit, on behalf of the City, a video service provider agreement letter to Southwestern Bell Telephone Company, d/b/a w AT&T Kansas. N Jason Gage, City Manager, explained the request, agreement and letter. Commissioner Hardy asked if the service was going to be offered through the DSL channel ' o or in association with DirecTV and if AT&T could provide better broadband service for the Government channel than Cox Communications. Mr. Gage responded. 14-0161 Moved by Commissioner Crawford, seconded by Commissioner Hardy, to adopt Resolution No. 14-7112. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION (7.1) Resolution No. 14-7109 approving a license agreement with Perry Residual Trust to allow for the construction and maintenance of a private sanitary sewer service line to serve the property located at 1613 E. Cloud Street. Dan Stack, City Engineer, explained the request, agreement and recommended action. Commissioner Blanchard asked if there is a requirement for a manhole and if there is anticipation of upgrading Cloud Street. Mr. Stack, Jason Gage, City Manager, and Wayne Nelson, Civil Engineer, responded. Commissioner Blanchard asked if the rest of the homes east of this residence are on private or public systems. Mr. Nelson responded. Commissioner Hardy asked how the cost is calculated for installing the line. Mr. Nelson responded. Commissioner Blanchard asked if there is a hookup fee charged by the city. Mr. Nelson ' responded. Greg Bengtson, City Attorney, provided information on the indemnification and insurance requirements left out of the license agreement. Jason Gage, City Manager, provided information within the license agreement explaining the requirement of the property owner if the road is developed down the line and it affects the private line. 14-0162 Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to adopt Resolution No. 14-7109 approving a license agreement with Perry Residual Trust to allow for the construction and maintenance of a private sanitary sewer service line to service the property located at 1613 E. Cloud Street. Aye: (4). Nay: (0). Motion carried. (7.2) General Obligation Bonds and Notes (7.2a) Resolution No. 14-7110 authorizing the offering for public sale of general obligation temporary notes and bonds. (7.2b) First reading Ordinance No. 14-10737 authorizing the issuance and delivery of General Obligation Internal Improvement Bonds, Series 2014-A. Page 2 n E E • Rod Franz, Director of Finance and Administration, explained the issuance and recommended action. 14-0163 Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to adopt Resolution No. 14-7110 authorizing the offering for public sale of general obligation temporary notes and bonds. z Aye: (4). Nay: (0). Motion carried. w 14-01$4 Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to pass Ordinance No. 14- 1 10737 on first reading authorizing the issuance and delivery of General Obligation Internal Improvement Bonds, Series 2014-A. Aye: (4). Nay: (0). Motion carried. o (7.3) First reading Ordinance No. 14-10739 allowing the extension of restaurant dining areas into the public sidewalk within the Lee District (Salina Business Improvement District No. 1) area of the C-4 Central Business District, allowing the consumption of alcoholic beverages through the approval of a Sidewalk Cafe License Agreement, and providing for the related administrative regulations. Jason Gage, City Manager, explained the amendment, license agreement, code changes and recommended action. Commissioner Hardy asked for clarifications in the definitions within the ordinance and for the Lee District to be capitalized in multiple places within the'ordinance. Jake Peterson, Clark, Mize & Linville, and Mr. Gage responded. Commissioner Hardy asked for the definition to be clarified for direct access to the patio. A • conversation ensued between the Commissioners, Mr. Peterson and Mr. Gage. Commissioner Hardy asked for clarification on liability insurance requirements for the sidewalk cafe license agreement. Mr. Peterson and Greg Bengtson, City Attorney, responded. Commissioner Hardy asked for clarifications on the administrative regulations. Mr. Peterson and Mr. Gage responded. ' Judy Larson, 715 N. Ninth, asked for clarification on the times the outside dining is allowed and if the hours are the same as a bar. Mr. Peterson & Mr. Gage responded. Melissa Hodges, Salina Downtown, Inc. asked if the definition wording for barriers can be modified. Mr. Peterson and Mr. Gage responded. 14-0165 Moved by Commissioner Hardy, seconded by Commissioner Crawford, to pass Ordinance No. 14- 10739 on first reading. Aye: (4). Nay: (0). Motion carried. (7.4) Second reading Ordinance No. 14-10736 ordering the vacation of a ten foot alley located on the north ten feet of Lot 103 on Second Street in the Original Town of (now City) of Salina, Saline County, Kansas. Mayor Householter noted that Ordinance No. 14-10736 was passed on first reading on June 2, 2014 and since that time no comments have been received. 14-0166 Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to adopt Ordinance No. 14-10736 on second reading. A roll call vote was taken. Aye: (4) Blanchard, Crawford, Hardy, Householter. Nay: (0). Motion carried. Page 3 0 0 0 m • DEVELOPMENT BUSINESS (8.1) First reading Ordinance No. 14-10738 extending a temporary moratorium on new hookah bars and vapor bars or the expansion of existing ones in the city of Salina, Kansas. i (8.1a) Declare an emergency exists for second reading on the same day. a (8.1b) Second reading Ordinance No. 14-10738. Jason Gage, City Manager, explained the extension and recommended action. ' 14-017 Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to pass Ordinance No. 14-10738 on first reading. Aye: (4). Nay: (0). Motion carried. 14-0168 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to declare that a compelling public purpose exists for second reading approval of Ordinance No. 14-10738 on the same day as the first reading. Aye: (4). Nay: (0). Motion carried. 14-0169 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to adopt Ordinance No. 14-10738 on second reading. A roll call vote was taken. Aye: (4) Blanchard, Crawford, Hardy, Householter. Nay: (0). Motion carried. OTHER BUSINESS MAYOR HOUSEHOLTER WANTED TO REMIND CITIZENS THAT THIS WEEKEND IS THE SMOKY HILL • RIVER FESTIVAL. (9.1) Request for executive session (trade secrets/ legal). 14-0170 Moved by Commissioner Crawford, seconded by Commissioner Blanchard, 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 and to discuss confidential data relating to the financial affairs and trade secrets of a corporation for the reason that public discussion of the ' information would competitively disadvantage the corporation and reconvene at 6:05 p.m. The City Commission took a five minute break. The City Commission recessed into executive session at 5:00 p.m. and reconvened at 6:00 p.m. No action, was taken. 14-0171 Moved by Commissioner Blanchard, seconded by Commissioner Hardy; to extend the current executive session for an additional 30 minutes. Aye: (4). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:00 p.m. and reconvened at 6:30 p.m. No action was taken. ADJOURNMENT 14-0172 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 6:30 p.m. • Page 4 M 0 r� U r L m 0 [SEAL] z a w n U ATTEST: n Shanldi Wicks, CA4C, City Clerk Aaron K. Householter, Mayor I Page 5