01-05-2015 Minutesu
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
January 5, 2015
4:00 p.m.
The City Commission convened at 3:45 p.m. for Citizens Forum.
The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in: Room 107,
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.
Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager; Greg
Bengtson, City Attorney; and Shandi Wicks, City Clerk.
Absent: Commissioner Trent Davis
AWARDS AND PROCLAMATIONS
None.
CITIZEN FORUM
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve minutes of December 29, 2014.
(6.2) Award contracts for the Right -of -Way Concrete Sidewalk Repairs, Project No.: 14-3060 to
Lancaster Construction in the amount of $21,254.29 and Davis Construction in the amount
of $7,287.50, with 5% construction contingencies for each.
Moved by Commissioner Crawford, seconded by Commissioner Blanchard, to approve the
consent agenda as presented. Aye: (4). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Oral report from legal counsel and possible action by Governing Body regarding proposed
initiative and referendum petition relating to Resolution No. 14-7152 as it amended Section
2 of Resolution No. 13-6988.
Moved by Commissioner Crawford, seconded by Commissioner Hardy, 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 4:20 p.m.
The City Commission recessed into executive session at 4:05 p.m. and reconvened at 4:20 p.m. No
action was taken.
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Greg Bengtson, City Attorney, provided information regarding the proposed initiative and
referendum petition that seeks to rescind Resolution No. 14-7152 that amended Section 2 of
Resolution No. 13-6988 pertaining to the improvements of the Salina Bicentennial Center.
Mr. Bengtson continued to talk about the differences between administrative and
legislative matters and provided examples of both matters. Mr. Bengtson provided his
opinion of the proposed petition and provided detailed information pertaining to the
various actions taken by the City Commission regarding the Bicentennial Center
Improvements since 2012. Mr. Bengtson continued to provide information regarding the
Kansas Supreme Court test and applying the test to the initiative and referendum petition.
Mr. Bengtson provided information regarding the next steps necessary to obtain the
answer.
Jason Gage, City Manager, provided information regarding the opinion of the City
Attorney and Saline County Attorney and felt comfortable with the recommendation of
Legal Counsel.
Commissioner Blanchard asked for a timeline to obtain an answer from the Saline County
District Court. Mr. Bengtson responded by stating that Legal Counsel hopes that the item
can be heard quickly.
Mayor Householter asked if the cost to replace the Bicentennial Center would be close to
$50 - $65 million dollars. Jason Gage, City Manager, responded by stating yes and provided
information regarding a recent article on the cost estimates of the renovations of the
Hutchinson Community College Field House.
Mayor Householter provided information regarding the improvements of the building and
the added enhancements of the building.
Mr. Gage provided information regarding the amount of money that could be spent to
improve a building.
Commissioner Hardy asked if a resolution equaled administrative and an; ordinance
equaled legislative. Mr. Bengtson responded by stating that a resolution was generally
administrative and an ordinance was generally legislative. Mr. Bengtson also responded by
stating that the initiative and referendum statute refers to an ordinance.
Commissioner Hardy asked if the petition was meant for the City Commission to create an
ordinance to rescind the resolution approved. Mr. Bengtson responded by stating that the
petition requests that the City Commission rescind the approval of Resolution No. 14-7152
and obtain a decision if the matter was administrative or legislative.
Ray Hruska, 235 N. Santa Fe, provided information regarding the right to freedom, the
need to obtain a decision if the matter was administrative or legislative, and the structural
integrity of the Bicentennial Center roof. Mr. Hruska asked if the matter was a quasi-
judicial matter. Mayor Householter provided his thoughts on the improvements to the
building.
Mr. Bengtson spoke about the information he provided to Mr. Hruska regarding the
petition. Mr. Bengtson asked Mr. Hruska if he was still obtaining signatures on the petition.
Mr. Hruska asked if the City would still obtain a decision through the courts in order to
obtain a decision.
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Mayor Householter asked Mr. Hruska if he was obtaining signatures for the petition. Mr.
Bengtson provided information regarding the need for a response to the question in order
for Legal Counsel to prepare needed documents.
Mr. Hruska responded by stating that Mr. Bengtson already received an email from him
indicating he would continue to circulate the petition to obtain signatures.
Commissioner Hardy asked if Mr. Hruska's issue was with the City Commission spending
money was on the Bicentennial Center or spending money period. Mr. Hruska, responded
by stating that to the citizens the spending was out of control.
Mr. Gage clarified that he did not speak about the needed repairs to the Bicentennial Center
roof.
Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to authorize Legal
Counsel to prepare a petition to file in Saline County District Court naming Mr. Ray Hruska
seeking a judgment regarding proposed initiative and referendum petition relating tolResolution
No. 14-7152 as it amended Section 2 of Resolution No. 13-6988. Aye: (4). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
None.
OTHER BUSINESS
Mayor Householter provided his thoughts and thanked City staff for all the (hard work
performed. Mr. Gage thanked Mayor Householter for the compliment.
Commissioner Crawford would like to thank the VFW Ladies Auxiliary for putting
together and providing lap quilts and the Disabled Veterans Americans Auxiliary for the
work they have done.
Commissioner Hardy provided his thoughts on the care and maintenance of Oakdale Park
and the effect the KKOA Car Show had on the grass in the park. Commissioner Hardy
continued to provide his thoughts on the revenue of the KKOA Car Show andthe lack of
the City obtaining any revenue from the car show. Commissioner Hardy would like to see
an event policy created to help maintain the park and the potential to have a moratorium in
place for park use during seeding season. Jason Gage, City Manager, responded by stating
the use of a special events permit and the ability to have a special events pricing policy.
Mayor Householter stated that the pricing policy would be a good thing to look at.
Commissioner Blanchard provided thoughts on the previous week's events involving the
Saline County Commission and the City's Continuous Process Improvement program.
Commissioner Blanchard suggested cutting the City Commission salaries by 12% to finance
the City Employee Appreciation Breakfast. Commissioner Blanchard also requested a
proclamation for "Good Government Day" at the next City Commission meeting.
Jason Gage, City Manager, provided his thoughts on the events that took place last week by
the Saline County Commission.
(9.1) Request for executive session (legal).
Moved by Commissioner Crawford, seconded by Commissioner Hardy, to recess into executive
session for 30 minutes to discuss with legal counsel matters subject to the attorney-client privilege
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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 6:05 p.m.
The City Commission recessed into executive session at 5:35 p.m. and reconvened at 6:05 p!m. No
action was taken.
Moved by Commissioner Hardy, seconded by Commissioner Blanchard, 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 6:05 p.m. and reconvened at 6:35 p.m. No
action was taken.
Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to extend the current
executive session for an additional 15 minutes. Aye: (4). Nay: (0). Motion carried.
The City Commission recessed into executive session at 6:35 p.m. and reconvened at 6:50 pm. No
action was taken.
ADJOURNMENT
Moved by Commissioner Hardy, seconded by Commissioner Crawford, that the regular meeting
of the Board of City Commissioners be adjourned. Aye: (4). N • (0). Motion carried. The
meeting adjourned at 6:50 p.m.
[SEAL]
ATTEST:
Shandi Wicks, CMC, City Clerk
Aaron K. Householter, Mayor
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