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06-11-2018 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS June 11, 2018 4:00 p.m. ii The City Commission convened at 2:00 p.m. for the Salina Field House Qualified Active Low- " Income Community Business, Inc. Board meeting, at 2:30 p.m. for Baseball/Softball Project 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, 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 Karl F. Ryan (presiding), Commissioners Trent Davis,Joe Hay,Jr., Melissa Rose Hodges, and Mike Hoppock. Also present: Jason Gage, City Manager; Michael Schrage, Deputy City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. AWARDS AND PROCLAMATIONS None. CITIZENS FORUM Wayne Nelson, State president of Kansas Society Professional Engineers (KSPE), stated the KSPE held their annual conference in Manhattan last week and Jim Kowach, Director of Public Works, was named as the 2017-2018 Government Engineer of the Year. He continued by mentioning that Jim joins Dan Stack, City Engineer (2016-2017), and Wayne Nelson, Civil Engineer, as Smoky Valley Chapter winners of the Government Engineer of the Year and Wayne Nelson as a state winner. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of June 11, 2018. (6.2) Award bid for the replacement of Fire Station #2 Heating System to Superior Plumbing in the amount of$23,620. (6.3) Award contract for 2018 Bridge Painting, Project No. 80005 to Lindner Painting of Lincoln, Nebraska in the amount of $82,400 with a 5% construction contingency of $4,120. 18-0202 Moved by Commissioner Hodges, seconded by Commissioner Hay, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 18-10938 amending Article XI, Off-Street Parking and Loading, Division 2, of the Salina Zoning Ordinance, by amending Section 42- Pan 1 552 (e)(6) Computation to clarify how the required number of off-street parking spaces for a building or parcel of land is calculated. Mayor Ryan noted that Ordinance No. 18-10938 was passed on first reading on June 4, 2018 and since that time no comments have been received. 18-023 Moved by Commissioner Davis, seconded by Commissioner Hay, to adopt Ordinance No. 18- 10938 amending Article XI, Off-Street Parking and Loading, Division 2, of the Salina Zoning • Ordinance, by amending Section 42-552.(e)(6) Computation to clarify how the required number of off-street parking spaces for a building or parcel of land is calculated on second reading. A roll call vote was taken. Aye: (5) Davis, Hay, Hodges, Hoppock, Ryan. Nay: (0). Motion carried. (7.2) Second reading Ordinance No. 18-10939 amending Article XIV, Definitions, of the Salina Zoning Ordinance, to eliminate terms and definitions that could potentially conflict with the terms and definitions in the recently adopted floodplain regulations in Article VIII of the Salina Zoning Ordinance. Mayor Ryan noted that Ordinance No. 18-10939 was passed on first reading on June 4, 2018 and since that time no comments have been received. 18-0204 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Ordinance No. 18- 10939 amending Article XIV, Definitions, of the Salina Zoning Ordinance, to eliminate terms and definitions that could potentially conflict with the terms and definitions in the recently adopted floodplain regulations in Article VIII of the Salina Zoning Ordinance on second reading. A roll call vote was taken. Aye: (5) Davis, Hay, Hodges, Hoppock, Ryan. Nay: (0). Motion carried. (7.3) Second reading Ordinance No. 18=10940 changing the zoning district classification from C-5 (Service Commercial) and R-1 (Single-Family Residential) to PC-3 (Planned Shopping Center) district on property addressed as 902, 908, 916, 1000, 1004 East Crawford Street, 719 Lewis Street, 714 South Ohio Street and requesting concurrent approval of a final site plan development plan for a proposed Mokas Coffee and Bistro restaurant with a drive up window at 902 and 908 East Crawford Street. Mayor Ryan noted that Ordinance No. 18-10940 was passed on first reading on June 4, 2018 and since that time no comments have been received. 18-0205 Moved by Commissioner Davis, seconded by Commissioner Hay, to adopt Ordinance No. 18-10940 changing the zoning district classification from C-5 (Service Commercial) and R-1 (Single-Family Residential) to PC-3 (Planned Shopping Center) district on property addressed as 902, 908, 916, 1000 and 1004 East Crawford Street, 719 Lewis Street, 714 South Ohio Street and requesting concurrent approval of a final site plan development plan for a proposed Mokas Coffee and Bistro restaurant with a drive up window at 902 and 908 East Crawford Street on second reading. A roll call vote was taken. Aye: (4) Davis, Hay, Hoppock, Ryan. Nay: (1) Hodges. Motion carried. (7.4) Second reading Ordinance No. 18-10941 amending Chapter 8, Article I, Division 4 of the Salina Code by adding Section 8-1-3-111.14.2.1 to add an amendment for Arc- Resistant Jacketed CSST from additional electrical bonding requirements. Mayor Ryan noted that Ordinance No. 18-10941 was passed on first reading on June 4, 2018 and since that time no comments have been received. Pale 2 in 18-0206 Moved by Commissioner Hodges, seconded by Commissioner Hay, to adopt Ordinance No. 18- 10941 amending Chapter 8, Article I, Division 4 of the Salina Code by adding Section 8-1-3- 111.14.2.1 to add an amendment for Arc-Resistant Jacketed CSST from additional electrical bonding requirements on second reading. A roll call vote was taken. Ave: (5) Davis, Hay, Hodges, Hoppock, Ryan. Nay: (0). Motion carried. (7.5) Second reading Ordinance No. 18-10942 amending Chapter 8, Article I, Division 3 of the Salina Code by adding Section 8-1-3-1210.15.2.1 to add an amendment for Arc- Resistant Jacketed CSST from additional electrical bonding requirements. Mayor.Ryan noted that Ordinance No. 18-10942 was passed on first reading on June 4, 2018 and since that time no comments have been received. 18-0207 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to adopt Ordinance No. 18-10942 amending Chapter 8, Article I, Division 3 of the Salina Code by adding Section 8-1-3- 1210.15.2.1 to add an amendment for Arc-Resistant Jacketed CSST from additional electrical bonding requirements on second reading. A roll call vote was taken. Aye: (5) Davis, Hay, Hodges, Hoppock, Ryan. Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS Commissioner Hodges stated she was following up on the inquiry from Valerie Linenburger on busking and asked if staff could provide an update on the inquiry. Greg Bengtson, City Attorney, stated he looked at the Salina Code provisions and checked with the city prosecutor regarding the inquiry and there was no general prohibition of the activity but there were certain restrictions on manner and location that an individual would need to abide by. Commissioner Hodges asked if her fellow commissioners would be open to exploring the opportunity for study sessions being televised. She continued to state there would be a great deal of information that would be available to the public that would be discussed in a study session that the public currently would not know unless they attend the study session. Mayor Ryan stated he was open to it as long as the logistics wouldn't get in the way. Jason Gage, City Manager, stated staff would need to look at the agreement to determine if it would be covered and if it wasn't, staff could contact Salina Media Connection to obtain information for the request. Commissioner Hoppock stated there were some individuals that did not like to speak in front of cameras. Commissioner Davis stated there were individuals that came before the commission for citizen's forum that was during the untelevised portion of the meeting. A conversation ensued between the Commission and Mr. Gage regarding how study sessions and citizens forum would be handled if the study session was televised. Commissioner Hodges stated the commission had received an email from Mr. Gage regarding the commencement of The Alley and an email from Catherine DeSocio regarding Paye 3 the reason the ground breaking had not occurred and asked if there was a response needed on the email. Mayor Ryan provided his thoughts on the email. Commissioner Hoppock asked if staff had a conversation with Mrs. DeSocio. Mr. Gage W stated he did and thanked her for the response and informed her he would forward the email to the City Commission. N Commissioner Hoppock asked when The Alley was supposed to be completed by. Jim Kowach, Director of Public Works,stated July 31, 2019. Commissioner Hodges called out all of the volunteers, artists, vendors and performers for their hard work on the Smoky Hill River Festival. She continued to thank city staff for their hard work as well. Jason Gage, City Manager, stated the motions would need to be separate and asked for the second executive session to be first. (9.1) Request for executive session (legal, property acquisition and personnel). I move the city commission recess into executive session for _ minutes to discuss confidential negotiations relating to the terms of potential future long-term leasing by the City to the County of the area within Kenwood Park commonly known as the "Expo Center" with legal counsel based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship pursuant to K.S.A. 45- 7319(b)(2). The open meeting will resume in this room at p.m. I move the city commission recess into executive session for _ minutes to discuss the potential acquisition of specific real estate, the identification of which would be contrary to the public interest, based upon the need for the preliminary discussion of the acquisition of real property pursuant to K.S.A. 75-4319(b)(6). The open meeting will resume in this room at p.m. I move the city commission recess into executive session for _ minutes to discuss a non- elected employee's performance and status based upon the need to discuss personnel matters of non-elected personnel pursuant to K.S.A. 75-4319(b)(1). The open meeting will resume in this room at p.m. 18-0208 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to recess into executive session for 7 minutes to discuss the potential acquisition of specific real estate, the identification of which would be contrary to the public interest, based upon the need for preliminary discussion of the acquisition of real property, pursuant to K.S.A. 75-4319(b)(6). The open meeting will resume in this room at 4:30 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 4:23 p.m. and reconvened at 4:30 p.m. No action was taken. ,18-0209 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to recess into executive session for 20 minutes to discuss confidential negotiations relating to the terms of potential future long-term leasing by the City to the County of the area within Kenwood Park commonly known as the "Expo Center" with legal counsel based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship pursuant to Paee 4 K.S.A. 45-7319(b)(2),. The open meeting will resume in this room at 4:55 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 4:35 p.m. and reconvened at 4:55 p.m. No action was taken. 18-02TO Moved by Commissioner Davis, seconded by Commissioner Hay, to extend the current executive N session for an additional 15 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 4:55 p.m. and reconvened at 5:10 p.m. No action was taken. 18-0211 Moved by Commissioner Davis, seconded by Commissioner Hay, to extend the current executive session for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:12 p.m. and reconvened at 5:22 p.m. No action was taken. 18-0212 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to extend the current executive session for an additional 7 minutes. Ave: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:23 p.m. and reconvened at 5:30 p.m. No action was taken. 18-0213 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to recess into executive session for 27 minutes to discuss a non-elected employee's performance and status based upon the need to discuss personnel matters of non-elected personnel, pursuant to K.S.A. 75-4319(b)(1). The open meeting will resume in this room at 6:00 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:33 p.m. and reconvened at 6:00 p.m. No action was taken. 18-0214 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to extend the current executive session for an additional 30 minutes. Aye: (5). 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 18-0215 Moved by Commissioner Davis, seconded by Commissioner Hay, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:30 p.m. (SEAL] Karl F. Ryan, Mayor iStado ATTEST: Os' Shandi Wicks, CMC, City Clerk Paee 5