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10-16-2017 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 16,2017 4:00 p.m. The City Commission convened at 3:30 p.m. for the Lower Smoky Hill Water Supply Access District, Inc.4th Quarter Board Meeting and 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, 1-6 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 Kaye J. Crawford (presiding),Commissioners Jon Blanchard,Trent Davis, Melissa Rose Hodges, and Karl Ryan. Also present: Jason Gage, City Manager; Michael Schrage, Deputy City Manager; Greg Bengtson, City Attorney; and Shandi Wicks,City Clerk. AWARDS AND PROCLAMATIONS (3.1) The month of October, 2017 as "Bullying Prevention Month" in the city of Salina. Chantal Torres read the proclamation and announced the associated events. Vickie Price, CAPS, announced the availability of shirts for sale for the Bullying Prevention Month on the CAPS website. CITIZENS FORUM Tim Howison, a real estate agent and private developer, provided his thoughts on the necessity of special assessments in the community but allowing for flexibility in the policy that governs special assessments. Commissioner Davis asked what percentage a developer would need in order to make a development work. Mr. Howison stated the developers did not have the money to put down a percentage for new development. He continued to provide his thoughts on the effects of the lack of development to sub-contractors. Commissioner Hodges asked when the special assessment policy would be brought back to the City Commission for action. Jason Gage, City Manager, stated staff was in the process of developing a draft and it could be available in 2 to 3 weeks. Commissioner Ryan stated staff provided an update to the City Commission during study session on the Markley Road Sanitary Sewer Project and asked if the item could be added to the agenda or would now be the time for the citizens in attendance to speak to the City Commission. Commissioner Blanchard stated he would prefer the item be added to the agenda as discussion to allow for the citizens to have the same information as was provided to the City Commission. 17-0294 Moved by Commissioner Blanchard, seconded by Commissioner Hodges, to add Item No. 7.2 to the agenda for Discussion with staff regarding Markley Road Sanitary Sewer Project. Aye: (5). Nay: (0). Motion carried. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. Page 1 CONSENT AGENDA (6.1) Approve the minutes of October 9, 2017. (6.2) Approve Change Order No. 2 for the Sanitary Sewer Line Maintenance, Project No. 63105 to Mayer Specialty Services, LLC, in the amount of $66,260.26 (Revised Total Contract Amount $196,301.43) and revised Contract Time of Completion from May 31,2017 to December 31,2017. (6.3) Approve Resolution No. 17-7486 authorizing the Mayor to execute an agreement between the City of Salina and Mize Houser and Company, Certified Public Accountants for an audit of City records for the year ending December 31, 2016. (6.4) Approve Resolution No. 17-7484 amending the Solid Waste Management Plan for Salina/Saline County as part of the Kansas Department of Health and Environment (KDHE) five-year review process. (6.5) Approve Resolution No. 17-7487 authorizing the Mayor to sign an agreement for permanent trail easement with Bill S. Medina Trust and authorize the Mayor to accept the executed permanent frail easement from the Bill S. Medina Trust. (6.6) Accept the offered sidewalk easements located in part of Lot Three (3), Block Three (3), Replat of Shippel Addition; Blocks Four (4), Five (5), and Part of Three (3), also known as 1802 Fawn Street; and in part of Lots One (1) and Two (2), Block One (1), Riffel Addition No. 2 for the 2017 New Sidewalk Project, Project No. 70020. Commissioner Blanchard thanked staff for their work with Noel and Billie Jo Stephenson and Riffel Development on the sidewalk easements for the 2017 New Sidewalk project. 17-0295 Moved by Commissioner Blanchard, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Approve Change Order No. 2 for the Downtown Wellfield Improvements, Contract 2- Air Strippers, Project No. 10-2840. Martha Tasker, Director of Utilities, explained the project, change order, fiscal impact and action options. 17-0296 Moved by Commissioner Hodges, seconded by Commissioner Davis, to approve Change Order No. 2 for the Downtown Wellfield Improvements,Contract 2- Air Strippers, Project No. 10-2840 to Walters-Morgan Construction, Inc. of Manhattan, Kansas in the amount of $32,000 (Revised Total Contract Amount$1,086,448) and revised Contract Time from June 1, 2015 to February 15, 2017. Commissioner Blanchard asked if the revised contract time was exclusive for the change order only or the entire project. Ms. Tasker stated the revised contract time would be for the entire project. Commissioner Blanchard asked if there was a necessity to have a separate motion for the revised contract time. Greg Bengtson, City Attorney, stated it could be made in two (2) motions. Ms. Tasker stated the revised contract time was included in the change order. Mayor Crawford restated the motion to approve Change Order No. 2 for the Downtown Wellfield Improvements, Contract 2 - Air Strippers, Project No. 10-2840 to Walters-Morgan Construction, Inc. of Manhattan, Kansas in the amount of $32,000 (Revised Total Contract Amount $1,086,448) Page 2 and revised Contract Time from June 1, 2015 to February 15, 2017. Aye: (5). Nay: (0). Motion carried. (7.2) Discussion with staff regarding Markley Road Sanitary Sewer Project. Greg Bengtson, City Attorney, provided a brief description of the project, stated the petition was filed with the City Clerk on Friday, October 13, 2017, the needed easements were obtained for the project, described the benefit districts and the remaining steps of the project. He continued to state a letter was sent out by Clark, Mize and Linville on 1 September 14, 2017, which stated the item would be on the agenda for the October 16, 2017 0 City Commission meeting for approval of the resolution of advisability. Due to the timing of the filing of the petition and needed work by bond counsel, the item was not ready for today's agenda. He continued by stating the item would be placed on the agenda for the November 13, 2017 City Commission agenda. Rod Hancock, 1928 S. Valley View, stated he signed the petition and was in favor of the project and stated it was a long time coming. Dwayne Deturk, 1854 S. Valley View, stated he signed the petition and was in favor of the project and was ready to get rid of the septic system he had been using for years. Mr. Bengtson asked if it would be in the interest of the City Commission to notify the property owners in writing of the resolution of advisability on the agenda for the November 13, 2017 City Commission meeting. The City Commission reached a consensus to mail letters to the affected parties. DEVELOPMENT BUSINESS None. OTHER BUSINESS Mayor Crawford thanked the NAACP for their work on the Candidate Forum event on Sunday, October 15, 2017. Commissioner Hodges stated she had received an inquiry from a citizen for the need of five point safety harness swings for special needs children at the Salina parks. She continued by stating there were currently none of the five point safety harness swings in the parks system but was happy to report that it was scheduled to install new five point safety harness swings in Sunset Park with the equipment replacement. Commissioner Ryan stated there was an advisory opinion (2017-07) posted on the Kansas Ethics Commission website concerning the Salina City Commission regarding a recent executive session discussion pertaining to a commissioner and their spouse as a realtor. He continued to state he would like to discuss with the commissioners what type of answers they could give the public on the matter. He continued by stating he felt the need to be open when responding to questions and the potential to waive the executive privilege that applied to the specific executive session. Greg Bengtson, City Attorney, stated the questions that were raised would be best discussed in executive session or the Commission could discuss the matter as they wish. He continued by stating anything pertaining to the attorney-client privilege was subject to waiver but as a Governing Body, the decision would have to be by a majority of the Governing Body. Page 3 Commissioner Davis asked what Commissioner Ryan's purpose was for the request. Commissioner Ryan stated he was not sure what he could say to the press regarding the matter. Commissioner Davis stated the results of any opinion received might be stated in general terms regarding conflicts of interest without disclosing any details discussed in the executive session. Commissioner Ryan provided his thoughts regarding the future potential questions of himself and other parties involved. = Commissioner Blanchard asked what the role of the Kansas Ethics Commission was. Mr. Bengtson stated the role of the Kansas Ethics Commission in relation to local bodies was to provide advisory opinions based on factual scenarios presented by the requestor. 0 Commissioner Blanchard asked if this was an advisory opinion. Mr. Bengtson stated yes. Commissioner Blanchard asked Commissioner Ryan what the difficult question was he would have to answer in regard to an advisory opinion. Commissioner Ryan stated he was not sure what they would ask him but he would like to cooperate with the will of the fellow commissioners and there was more meat in the meeting that might be fair for the public to know. Commissioner Blanchard asked if the Kansas Ethics Commission 2017-07 advisory opinion was upon the request of the City of Salina or an individual commissioner. Mr. Bengtson stated the requestor was the City of Salina. Commissioner Blanchard also asked if the advisory opinion in 2015 was also at the request of the City of Salina. Commissioner Ryan stated no, it was at his request. Commissioner Blanchard asked if Commissioner Ryan would like to discuss the advisory opinion of 2015. Commissioner Ryan stated no, it had already been discussed. Commissioner Blanchard provided his thoughts on the matter and waiving an attorney- client privilege for the specific executive session in question. Commissioner Ryan provided his opinion on waiving the attorney-client privilege for the executive session in question. Mayor Crawford asked for the consensus of the City Commission on waiving the attorney- client privilege for the specific executive session in question. Commissioner Davis stated he did not have a reason to discuss anyone else's questions but could provide an answer to a question regarding his own situation without disclosing any executive session communications that would be protected otherwise. Mr. Bengtson stated he would stand available for future executive session discussions if a majority of the Commission would find it beneficial. He continued to state the privilege was the Governing Body's to waive not legal counsel and any waiver of the privilege would require a majority of the board. He also stated the facts leading to or surrounding the circumstances that might be the basis for an executive session was not subject to the privilege but the discussion within the executive session was subject to the privilege. Commissioner Blanchard stated an ethics policy was recently adopted and asked Commissioner Ryan if it would be helpful to him to use the advisory opinion as a learning opportunity to discuss why the points would be important during a study session or an open meeting. Commissioner Ryan stated it would be fine with him but it did not answer the question. A conversation ensued between the Commission and Mr. Bengtson regarding the advisory opinion, the future questions that could occur and waiving the attorney-client privilege. Page 4 Commissioner Blanchard asked how often a commissioner had made a request like this. Jason Gage, City Manager, stated it was the first time for this specific request and it was up to a majority of the Governing Body. He continued by stating the possible need to go into executive session to further discuss the matter. 17-02p7 Moved by Commissioner Davis, seconded by Commissioner Ryan, to discuss the potential waiver of the attorney-client privilege with legal counsel pursuant to the attorney-client privileged - communications with legal counsel exception, K.S.A. 45-7319(b)(2), for 10 minutes. The open meeting will resume in this room at 5:15 p.m. Aye: (4). Nay: (1) Blanchard. Motion carried. 3 The City Commission recessed into executive session at 5:05 p.m. and reconvened at 5:15 p.m. 17-0298 Moved by Commissioner Davis, seconded by Commissioner Ryan, to extend the current executive session for an additional 15 minutes. Aye: (4). Nay: (1) Blanchard. Motion carried. The City Commission recessed into executive session at 5:15 p.m. and reconvened at 5:30 p.m. No action was taken. ADJOURNMENT 17-0299 Moved by Commissioner Ryan, seconded by Commissioner Davis, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:33 p.m. [SEAL] K.ye C Grd, ti ayo P ATTEST: v \ Shandi Wicks,CMC,City Clerk Page 5