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06-18-2018 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS June 18,2018 4:00 p.m. w The City Commission convened at 2:30 p.m. for the Saline County Perimeter Roads at Saline County Health Department Conference Room, 123 W. Elm, Salina, Kansas and at 3:45 p.m. for N Citizens Forum at City-County Building, 300 West Ash, Room 107B, Salina, Kansas. The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, 8 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 None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of June 11, 2018. • (6.2) Authorize the purchase of fire hydrants from HD Supply Waterworks, McPherson, Kansas in the amount of$52,428.85. (6.3) Authorize the purchase of five remote telemetry units at three wells, a booster station, and a water tower from R.E. Pedrotti Co., Inc., Mission, Kansas, in the amount of$98,980. 18-0216 Moved by Commissioner Hay, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) The Alley Entertainment Center (7.1a) Second reading Ordinance No. 17-10914 ordering the vacation of a portion of a north-south alley located on the block bordered by North Fifth Street on the east, East Ash Street on the south, North Santa Fe Avenue on the west and East Elm Street on the north in the Original Town (now city) of Salina, Saline County, Kansas. Page 1 (7.1b) Resolution No. 18-7564 pursuant to Salina Code Section 42-63(a) authorizing the issuance of a footing and foundation permit for the downtown Alley Entertainment Center project, subject to conditions. Mayor Ryan noted that Ordinance No. 17-10914 was passed on first reading and since that time no comments have been received. W 18-0217 Moved by Commissioner Hay, seconded by Commissioner Davis, to adopt Ordinance No. 17- 10914 ordering the vacation of a portion of a north-south alley located on the block bordered by North Fifth Street on the east, East Ash Street on the south, North Santa Fe Avenue on the west and East Elm Street on the north in the Original Town (now city) of Salina, Saline County, Kansas on second reading. A roll call vote was taken. Aye: (5) Davis, Hay, Hodges, Hoppock, Ryan. Nay: (0). Motion carried. Commissioner Hodges asked if the public sanitary sewer had been installed at this point. Martha Tasker, Director of Utilities, stated the sewer line had not been installed yet but would be in approximately a month. Commissioner Hodges asked if the environmental clearance had been cleared for the property. Michael Schrage, Deputy City Manager, stated that the phase one of the report had not been received but the importance for the City of Salina would be how the environmental clearance would affect the utility work on the property. Ms. Tasker stated staff would work closely with the developer on the project and wait for the environmental report to be submitted for staff to review and proceed as necessary. Commissioner Hodges stated the importance for staff to work with the Kansas Department of Health and Environment on the environmental clearance to not put staff or contractors in harm's way. Commissioner Hoppock asked if the footing and foundation permit was being requested prior to the vacation of the sewer line. Ms. Tasker stated the request was similar to the action previously taken for the downtown hotel. .She continued to state the sewer line ran into a dead end and currently only serviced a small building and staff could redirect the service if necessary. Commissioner Hodges asked if there was a sense on when the footing and foundation would begin. Mr. Schrage stated the project had been run through Building Services and the project could proceed at the owner's discretion. 18-0218 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to adopt Resolution No. 18- 7564 pursuant to Salina Code Section 42-63(a) authorizing the issuance of a footing and foundation permit for the Alley Entertainment Center project, subject to conditions. Aye: (4). Nay: (1) Hodges. Motion carried. (7.2) Downtown Community Improvement Districts (7.2a) First reading Ordinance No. 18-10947 an ordinance amending Ordinance No. 16-10863 of the City of Salina, Kansas, to commence a Community Improvement District Sales Tax on July 1, 2019 (Downtown CID). (7.2b) First reading Ordinance No. 18-10945 an ordinance amending Ordinance No. 16-10864 of the City of Salina, Kansas, to commence a Community Improvement District Sales Tax on July 1, 2019 (Alley CID). Pale 2 (7.2c) First reading Ordinance No. 18-10946 an ordinance amending Ordinance No. 16-10865 of the City of Salina, Kansas to commence a Community Improvement District Sales Tax on October 1, 2019 (Downtown Hotel CID). Michael Schrage, Deputy City Manager, explained the amendments and action options. Mr. i Schrage noted the commencement date for the Alley CID was supposed to be listed as October 1, 2019. Commissioner Davis asked for clarification on the commencement dates. Mr. Schrage ° stated the commencement date for the Downtown CID would be July 1, 2019 and the commencement date for the Alley CID and Downtown Hotel CID would be October 1, u 2019. Commissioner Hodges asked for clarification of Section 3b of the method of financing on the staff report and stated the ordinances did not list the same information. Mr. Schrage stated the funding was determined to be pay as you go funds. Guy Walker, 500 Graves thvd, thanked staff for preparing the item and would be happy to answer any questions. 18-0219 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to pass Ordinance No. 18- 10947 an ordinance amending Ordinance No. 16-10863 of the City of Salina, Kansas, to commence a Community Improvement District Sales Tax on July 1, 2019 (Downtown CID) on first reading. Aye: (5). Nay: (0). Motion carried. I18-0220 Moved by Commissioner Davis, seconded by Commissioner Hay, to pass Ordinance No. 18-10945 an ordinance amending Ordinance No. 16-10864 of the City of Salina, Kansas, to commence a Community Improvement District Sales Tax on October 1, 2019 (Alley CID) on first reading. Aye: (5). Nay: (0). Motion carried. 18-0221 Moved by Commissioner Hodges, seconded by Commissioner Hay, to pass Ordinance No. 18- 10946 an ordinance amending Ordinance No. 16-10865 of the City of Salina, Kansas to commence a Community Improvement District Sales Tax on October 1, 2019 (Downtown Hotel CID) on first reading. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS Commissioner Hoppock requested to add the topic of having cell phones and Ipads at the dais during City Commission meetings as well as Planning Commission meetings and Zoning Commission meetings. He continued to state the commission should give their full attention to city staff and to presenters. He also stated having cell phones and Ipads leaves room for a commissioner to receive a private message via email or text that would not be available to other commissioners that could cause an ex-parte issue. 1 18-0222 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to add the discussion on the use of cell phones and tablets at the dais for City Commission meetings and other citizen boards at the next meeting. Aye: (5). Nay: (0). Motion carried. (9.1) Request for executive session (personnel). Page 3 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. 18-0223 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to recess into executive session for 30 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 2, open meeting will resume in this room at 4:57 p.m. Aye: (5). Nay: (0). Motion carried. 0 The City Commission recessed into executive session at 4:27 p.m. and reconvened at 4:57 p.m. (9.1a) Potential actions resulting from executive session discussion. Mayor Ryan stated after the executive session he believed there was a consensus and there would be potential action resulting from the executive session discussion. 18-0224 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to approve the interim City Manager employment agreement by and between the City of Salina and Michael D. Schrage. Aye: (5). Nay: (0). Motion carried. Mayor Ryan stated the commission would be finalizing the agreement with Michael D. Schrage and thanked Mr. Schrage. Michael Schrage, Deputy City Manager, thanked the City Commission and stated he appreciated the support and hoped he could live up to it. Mayor Ryan stated the Commission wanted to take the process one step at a time and the Commission was focused on process. He continued by asking Greg Bengtson, City Attorney, on how the Commission should proceed. Greg Bengtson, City Attorney, stated this was a transition point with the City Commission's approval of Mr. Schrage as the interim city manager. He continued by stating the City Commission's discussions leading up to that action in executive session were related specifically to that appointment as it relates to the interest of Mr. Schrage as an individual employee of the city. He also stated the City Commission would now need to transition any discussion dealing with process as a public discussion. He further stated there would be a time when the City Commission would consider a particular individual that would allow for discussion to occur in an executive session as a personnel matter. Mayor Ryan stated his inclination would be to get this scheduled as soon as possible and if the commission agreed we could add it to next week's agenda with a motion. 18-0224 Moved by Commissioner Davis, seconded by Commissioner Hodges, to take up discussion for the continued process of the City Manager search at the next City Commission meeting. Aye: (5). Nay: (0). Motion carried. (9.2) Request for executive session (legal). I move the city commission recess into executive session for minutes to discuss with legal counsel the City's legal position and options in the context of the application of K.S.A. 21- 6412 - Cruelty to Animals 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. Page 4 18-0225 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to recess into executive session for 20 minutes to discuss with legal counsel the City's legal position and options in the context of the application of K.S.A. 21-6412 - Cruelty to Animals 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 5:22 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:02 p.m. and reconvened at 5:22 p.m. No action was taken. 18-0226 Moved by Commissioner Hay, seconded by Commissioner Davis, to extend the current executive session for an additional 20 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:23 p.m. and reconvened at 5:43 p.m. No action was taken. 18-0227 Moved by Commissioner Hay, seconded by Commissioner Hoppock, to extend the current executive session for an additional 20 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:45 p.m. and reconvened at 6:05 p.m. No action was taken. 18-0228 Moved by Commissioner Hay, seconded by Commissioner Davis, to extend the current executive session for an additional 15 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:07 p.m. and reconvened at 6:22 p.m. No action was taken. 18-0229 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 6:24 p.m. and reconvened at 6:34 p.m. No action was taken. ADJOURNMENT 18-0230 Moved by Commissioner Hay, 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 6:34 p.m. 41475)4.._ [SEAL] Karl F. Ryan, Mayor ATTEST: " y , �/ /, O N 'tcl/lWL tibiA Shandi Wicks, CMC, City Clerk 1 Pale 5