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05-03-2016 Special Meeting MinutesC' 'ITY OF SALINA, KANSAS PECIAL MEETING OF THE BOARD OF COMMISSIONERS 4ay 3, 2016 :00 P.M. Special Meeting of the Board of Commissioners was called to order at 1:00 p.m. in Room 107, -County Building. Roll call was taken followed by the Pledge of Allegiance and a moment of Those present and comprising a quorum: Mayor Kaye J. Crawford (presiding), Commissioners Jon Blanchard and Randall Hardy. Also present: Jason Gage, City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. Absent: Karl Ryan and Trent Davis. ADMINISTRATION (3.1) Matters pertaining to Charter Ordinance No. 39 petition. Greg Bengtson, City Attorney, explained the ordinance, petition filed, Kansas Statute regulations pertaining to protest petitions and commission action options. Commissioner Blanchard asked if the petition lacked the sufficient language and the exact copy of the charter ordinance. Mr. Bengtson stated yes, the petition did not include a copy of the charter ordinance. Commissioner Blanchard asked how many circulators there were and how many did not include their residence address. Mr. Bengtson stated there were thirteen (13) circulators and stated the reasons the circulator's residence address was needed. Mayor Crawford asked about the dates of certain signatures predating the date of the adoption of the charter ordinance. Mr. Bengtson stated there were a few signatures that predated the adoption of the charter ordinance. Commissioner Hardy asked what the County Clerk would verify. Mr. Bengtson stated the County Election Officer would check the validity of the signatures and the dates of the signatures. A conversation ensued between the Commission and Mr. Bengtson regarding the process of the petition. Commissioner Hardy asked if there was an option for the petition organizers to withdraw the petition. Mr. Bengtson stated it would be up to the prerogative of the petition organizer to withdraw the petition. Mayor Crawford asked how long the court would have to hear the matter. Mr. Bengtson stated the District Court Judge had twenty (20) days to address the matter. If the paperwork was submitted on Wednesday, May 4, 2016, May 24.2016 would be the end of the twenty (20) days. Ray Hruska, 235 N. Santa Fe, provided his thoughts regarding the validity of the petition, the predating of the signatures within the petition and the additional time required if it goes before the Saline County District Judge. Commissioner Hardy asked if Mr. Hruska was a circulator of the petition and if he Page 1 provided a copy of the charter ordinance to those signing the petition. Mr. Hruska stated he was a circulator and the wording on the petition was based on the charter ordinance per the State Statute regulations. 16-014 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to adopt Resolution No. Z 6-7347 and direct City Counsel to file a petition in the Saline County District Court challenging W the validity of the protest petition for Charter Ordinance No. 39. Aye: (3). Nay: (0). Motion ca carried. A conversation ensued between Commissioner Blanchard and Mr. Bengtson regarding the N resolution. 16-0185 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, that the motion be amended to strike Charter Ordinance No. 39 and direct staff to file the paperwork with the Saline County District Court no later than tomorrow. Aye: (3). Nay: (0). Motion carried. Hruska asked who the City of Salina will sue. Mr. Bengtson stated the case would be filed nst the circulators of the petition. ADJOURNMENT 16-0186 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (3). Nay: (0). Motion carried. The meeting adjourned at 1:40 p.m. [SEAL] aye ra ATTEST: Shanks CMC, City Clerk Page 2