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07-06-2020 Minutes CITY OF SALINA,KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS July 6,2020 4:00 p.m. Mayor Hoppock asked the Clerk for verification that notice had been sent for today's City Commission meeting. The Clerk replied yes. 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 Michael L. Hoppock (presiding), Commissioners Trent W. Davis,M.D.,Rod Franz, Melissa Rose Hodges,and Karl Ryan. Also present: Michael Schrage, City Manager; Greg Bengtson, City Attorney; and Cheryl Mermis, Deputy City Clerk. AWARDS AND PROCLAMATIONS (3.1) Presentation of the AAA Community Traffic Safety Award to the Salina Police Department by Bob Hamilton with the Kansas Department of Transportation. Bob Hamilton presented Chief Brad Nelson and Officer Brent Rupert with the Salina Police Department a Platinum AAA Kansas Community Traffic Safety Award for the department work in 2019. Mayor Hoppock introduced a discussion item, for the Commissioners' consideration and Commissioners' consensus, to be added to the meeting agenda, an ordinance for requiring the wearing of masks or other face coverings in public spaces, in response to Governor Kelly's Executive Order and the Saline County Commissioner decision to opt out of that directive. After some lengthy discussion it was consensus of the members to add an additional item to the meeting agenda. 20-0205 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to suspend rule number three requirement and add an additional item to the agenda to occur in the other business segment of the meeting. Aye: (5). Nay: (0). Motion carried. 20-0206 Moved by Commissioner Hodges, seconded by Commissioner Davis, to add Ordinance No. 20- 11034 Requiring the Wearing of Masks or Other Face Coverings in Public Spaces to today's meeting agenda . Aye: (5). Nay: (0). Motion carried. CITIZENS FORUM Vicki Ritter, Salina, representing Salina Women's Municipal Golf Association made a request to revise operation schedules at the golf course. Michael Schrage, City Manager, indicated that staff will attempt to make modifications, if there was a cost associated with any change in schedule, approval from the City Commission will have to be obtained. Mayor Hoppock asked about the number of plays occurring, Mr. Schrage stated he did not know the specifics at this time. Dalton McDowell,McDowell Lawn&Landscape,Salina, stated that he had put in a request to volunteer with the River Project but person in charge of the project doesn't contact him. He continued to state he was willing to volunteer to help maintain the Veterans Memorial Page 1 in Sunset Park at no cost to the City. He lastly provided his thoughts on the overgrown conditions on the North Ohio viaduct and asked if that area was going to be maintained. Mayor Hoppock responded that there were hard budget adjustments that had to be made due to Covid-19 and thanked Mr. McDowell for his very generous offer to volunteer his time and services. Mr. Schrage stated that some mowing schedules have been cut back to monthly with some areas a lower priority because of finances. Mr. Schrage shared contact information with Mr. McDowell and stated he would contact him and try to formulate an arrangement for utilizing volunteers. Patrick Harrington, Salina, reminded everyone speaking, to speak up so people watching remotely could hear. Mr. Harrington stated his appreciation for the Salina Police Department (SPD) and congratulated Chief Nelson on the award he received for his department. Norman Howell, Salina, questioned transparency on the Expo Center lease issue that the City Commissioners were scheduled to discuss in executive session. Mayor Hoppock stated that any actions that the Commission would consider, would take place in an open and public forum,allowing for public comment. Sergio Carillo, Salina, expressed his appreciation for Salina Parks/Recreation Program (P&R) for starting to mow a portion of the soccer fields but stated that it was still not viable for practice or play. He continued to state he was part of a group parents that were willing volunteer to mow fields. Mayor Hoppock asked about the cost, Mr. Schrage stated that program cost is $85,000.00 for a full year but did not have the specifics on the actual mowing budget. Tisha Keller, Salina, stated her concerns for the soccer youth that were not allowed to participate in their sport. Mayor Hoppock made an inquiry as to the duration of the soccer season. Ms. Keller indicated soccer is played all year. Commissioner Hodges stated that soccer advocates have appeared at the last three city commission meetings and asked staff if there had been any attempt to make allowances as had been done with the baseball/softball group. Mr. Schrage stated that because of the budget shortfall all Parks and Recreation (P&R) Programs were cut; he would work with Chris Cotton, Director of Parks &Recreation,upon his return, and try to identify tasks that could be divided up since there was not as much maintenance involved in soccer fields. Laneya Meyer, Salina, stated she supported youth sports but City Commissioners needed to take Covid-19 in to consideration. Hernan Hernandez, Salina, stated his support for soccer and mentioned the large group of other supporters that were present and willing to volunteer to do what is necessary to save the Fall and Winter soccer program. Sheila Lafort,Salina, state she was a soccer supporter willing to volunteer. Steve Sweeney, Salina, had concerns about the City's ability to attract industry which creates jobs. Mr. Sweeney also stated he was an avid golfer and member of the Salina Municipal Golf Course, shared his frustration about the restricted hours of operation and limited play at the golf course. Don Crew, Salina, pleaded with the City Commissioners to reinstate the soccer program and stated his willingness to volunteer. Caleb Williams,Salina, stated he was a soccer supporter and willing to volunteer. Page 2 Darwin Ritter, Salina, stated that City parks, the golf course and the soccer program were all important to citizens. He continued to provide his thoughts on the annual fee at the golf course and his frustrations with the restricted hours and limited play. Dina Hoekstra, Salina, commented on the national and regional discussions that were occurring that pertain to race relations and demographic and her belief that a positive W incremental change could be realized if move away from race bias identifiers on questionnaires. Ms. Hoekstra further stated that if Salina is to be a leader in addressing racial inequality, there is a need to equalize the demographic questions on surveys and other modes of gathering information. Mayor Hoppock inquired if she was referring to a City of Salina questionnaire, Ms. Hoekstra said no, that she could not locate one but in general terms,her past experience with questionnaires. Carol Reed, Salina, asked if the City was seeing any issues of rebellion, on city property as related to the current race relation issues that are occurring nationally. Ms. Reed stated she has strong feeling about the need for a community square. Mr. Schrage stated that a proposal has been brought forward and staff is currently researching the feasibility to that proposed project. Cheryl Harp, Salina, stated Salina was a great community to raise children and didn't see racial biases occurring,further stated her appreciation for the Salina Police Department. Mayor Hoppock addressed the group in attendance saying that the City will try to address some of issues raised, but hard decisions and restrictions had to be made due to Covid-19, and people have strong feelings about those decisions. Mayor Hoppock stated that most City staff are working reduced hours, and he was encouraged that so many people are will to volunteer and make things happen for the soccer program. It is difficult to know about financing, City staff is waiting on sales and property tax numbers, have to monitor reserves, a higher mill levy could impact decisions that we make. Mayor Hoppock thanked everyone for their comments. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of June 22,2020. (6.2) Approve the minutes of June 24,2020. (6.3) Approve the minutes of June 29, 2020. 20-0207 Moved by Commissioner Ryan, seconded by Commissioner Franz, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Resolution No. 20-7839 authorizing the Mayor to enter into an agreement with HDR Engineering, Inc. (HDR) to provide Owner's Representative Services for the Wastewater Treatment Plant Improvement Project. Martha Tasker, Director of Utilities, explained the proposed agreement to address the operational needs at the wastewater treatment plant (WWTP) on equipment replacement Page 3 costs for continued compliance with National Pollutant Discharge Elimination System (NPDES) permit, through Kansas Department of Health and Environment (KDHE). Ms. Tasker stated that in order to meet revised permit limits,significant plant upgrades must be made to the WWTP,requires compliance by December 31, 2024. Ms. Tasker provide an overview of the engineering scope of services to be provided by HDR with representatives Jessica Adams and Pat Young,present to answer any questions. Mayor Hoppock wanted confirmation that December 31, 2024 was the mandated date for all work to be completed, based on all the previous delays. Ms. Tasker stated it would be y doable if the work stayed focused with no further delays. She continued to state the goal was to utilize many of the existing structures for the most cost effective approach. 20-0208 Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Resolution No. 20- 7839 authorizing the Mayor to enter into an agreement with HDR Engineering, Inc. (HDR) to provide Owner's Representative Services for the Wastewater Treatment Plant Improvement Project. Aye: (5). Nay: (0). Motion carried. (7.2) May 31, 2020 Financial Update. Debbie Pack, Director of Finance & Administration, provided the financial update on the General Fund and the impact of Covid-19, providing projected financial numbers through the end of 2020. Ms. Pack stated the biggest revenue drivers is sales and property tax, actual numbers not known for two months after people actual spend money. In June, the numbers reflected were April sales which were down due the shut-down. The reports show some increases in some categories compared to same time periods from 2019 but the future fiscal impacts of COVID-19 are unknown and could cause significant deviation from past performance and or the modeled projections presented. Commissioner Franz asked about enforcement on the state level. Ms. Pack stated the State of Kansas implemented additional enforcement of use tax and additional law in October 2019 and the use tax was up in almost every month this year. Michael Schrage, City Manager, stated that staff would continue to review project-by- project as issues arise and stay on fiscally conservative course, preserving reserve balances. He continued to state there were a lot of variables still on the horizon with regards to unemployment benefits which were set to expire and other financial factors starting to impact spending decisions, additionally the rising number of Covid-19 exposures should be factored in to the unknowns and how that may impact financial projections. (7.3) Consider contract addendums that cease work on previously approved contracts in furtherance of Covid-19 budget reductions. Jim Kowach, Director of Public Works, explained the postponed capital improvement projects, proposed contract extensions,fiscal impact and action options. Commissioner Hodges stated the City Commission received an email from a citizen regarding the need for tree trimming of trees over the street due to the added height of the new sanitation trucks and asked if there was staff to help perform the trimming and what the timeline might look like. Mr. Kowach stated staff had considered this and had conversations with Parks&Recreation staff. He continued to state that most trees would be high enough but there could be some isolated locations that the trees may need to trim. He also stated there may be additional trees that may need to be trimmed to allow the carts to Page 4 reach the truck with the arm. Michael Schrage, City Manager, stated if Parks staff was not available to help, staff could hire a tree company to perform the services utilizing funds from the sanitation fund. Mr. Kowach provided information on the funding for the new sanitation trucks and carts. Mayor Hoppock asked if the funding for the trucks was through general obligation bonds and payment for the carts was utilizing cash. Mr. Kowach stated yes. Commissioner Hodges asked with this plan, it would give two (2) additional trucks. Mr. Kowach stated yes, there would be (5) five automated trucks and one (1) semi-automated truck. Commissioner Franz asked what the current fund balance was for the sales tax fund. He continued to state there was more than enough money to cover the mill and inlay contract. Debbie Pack, Director of Finance &Administration, stated yes, with the additional sales tax collected over the next six (6) months, she anticipated there would be enough money to cover the mill and inlay project. Mayor Hoppock asked what the gas tax balance was. Ms. Pack stated it was $1.7 million dollars. Commissioner Franz provided his thoughts on a 90 day extension and his willingness to move forward with all four (4) projects now. A conversation ensued between the City Commission regarding the lack of value in the 90 day extensions. Commissioner Hodges provided her thoughts on the effects of COVID-19 and her preference to wait another month. Commissioner Ryan asked if there was any advantage to moving forward with the projects now as opposed to the 90-day delay. Mr. Kowach stated for the trucks and carts, staff felt it would just delay putting them into service. He continued to state both of the contractors for the mill and inlay project and chip seal project felt they could complete the work but the mill and inlay contractor requested an extension to next spring if the project was delayed 90 days due to the project being larger and more time consuming. Mr. Schrage stated we struggle staffing the Sanitation operation with part-time employees or temp service employees and the sooner we received the automated trucks, the less need we had for hiring those individuals. Mayor Hoppock stated the purchases for the trucks and carts were coming out of an enterprise fund so they did not have any effect on the sales tax or gas tax. Mr. Schrage stated yes, staff did promise to bring a big-picture spending plant as it related to landfill cell replacement and equipment replacement. He stated it seemed like there was a big fund balance in sanitation but a lot of that was spoken for but financially he did not think that would cause staff to say to cancel either of those contracts but staff would know more about the big-picture financial plan then,maybe. Commissioner Hodges asked when staff was planning on doing some sort of presentation. Mr. Schrage stated 60 days would be aggressive but thought staff could prepare the presentation. Mr. Kowach stated the sanitation fund balance was somewhat separate from the solid waste fund balance. Commissioner Franz asked how the sanitation fund balance helped with the big-picture items. Mr. Schrage stated he apologized for his error in Page 5 combining the sanitation and solid waste funds. Commissioner Franz provided his thoughts on the mill and inlay project and the chance for a road to be part way through the project and bad weather hit, it would leave the road with either traffic cones or not drivable for a few months. Mr. Kowach stated yes. 20-(1209 Moved by Commissioner Franz, seconded by Commissioner Davis, to proceed with all four contracts (2020 Mill and Inlay contract; 2020 Chip Seal contract; Fully Automated Sanitation Truck contract; and Sanitation Cart contract) in the most expeditious manner. Aye: (4). Nay: (1)-Hodges. Motion carried. O (7.4) Consider buds for Simpson Road Storm Pipe,Project No. 200017 Jim Kowach, Director of Public Works, explained the 1950's flood control work, the project, bids received,project timeline,fiscal impact and action options. Commissioner Hodges asked if the property owner had any obligation to keep the site free of debris and trees. Mr. Kowach stated there was an easement that had a white spot where the pipe was and that was the City's responsibility to maintain. Norman Mannel,Salina, asked if staff had spoken with the Corp of Engineers. Mr. Kowach stated no. Mr. Mannel stated staff should. 20-0210 Moved by Commissioner Ryan, seconded by Commissioner Davis, to award Project No. 20017, Simpson Road Storm Pipe, to T & R Construction of Salina in the amount of $63,812.00 with a $2,188.00 (3.4%) construction contingency and a total project authorization of $66,000. Aye: (5). Nay: (0). Motion carried. (7.5) Law Enforcement and Community & Race Relations Forum Follow-up Discussion. Michael Schrage, City Manager, provided an overview of the recent peaceful protests, rallies, citizen comments at previous meetings, the June 29, 2020 Law Enforcement & Community & Race Relations Forum, the 4 highest topics from prior Citizen Forums, additional talking points identified,future meetings and action options. Mr. Schrage stated that clear direction from the Governing Body was needed, to address the issues presented by the citizenry and setting additional dates for other community forums. A lengthy discussion ensued regarding continuing the conversations on review of the advisory board, rules of engagement, a defined use of force policy, and continued acquisitions from the 1033-Program. It was the consensus of the Commissioners that sufficient time be allowed for citizens to voice their concerns and asked staff to explore other options for public meetings, seeking improvement to audio quality, factoring in the social distancing guidelines. Luke Stanford, Salina, representing the Sunflower Coalition, thanked the City Commission for providing the public forum, his conversations with Mr. Schrage and Commissioner Davis regarding concerns from the public forum and explained the concerns to the entire Commission on the visibility and ADA regulations. He continued to state the desire for the presentation and information presented at the public forum be distributed in Spanish. He also stated the doors to the facility used for the public forum were locked shortly after the forum started and one of the coalition members could not get in. He lastly asked when the Page 6 next public forum was planned to be held and had policy proposals the group would like to present to the City Commission. Mr. Schrage mentioned the conversation with the Sunflower Coalition to set up a meeting date would need to occur during the meeting so there was no meeting violation. Commissioner Davis stated it might be a good idea to have the meeting before school started. Commissioner Franz asked if Commissioner Davis was talking about setting up the listening session or the meeting with the coalition. Commissioner Davis stated both, Mr. Stanford and Mr. Vasquez would be going to college soon and would like to take advantage of their wisdom before they leave. Mr. Schrage stated he did not know what the TR- expectation expectation was but if the City Commission was going to meet representing the Governing Body,it would need to be an open meeting. A conversation ensued between the City Commission and Mr. Schrage on the format of the Sunflower Coalition proposal presentation, the needed documents to include in the meeting packet. Santiago Vasquez,Salina, thanked the Commissioners for providing the citizen's forum,his thoughts on the public forum, requested that the public forum presentation and documents be translated to Spanish and made available to the public and have Spanish translation for future meetings. He continued by requesting a follow-up public forum be setup soon. Norman Mannel,Salina, stated that he would like the City to consider a change to the color of police officers' uniforms, that the current color is black which is intimidating and may factor in initial hostile reactions from some citizens when encountering law enforcement personnel. A citizen thanked the Sunflower Coalition for their efforts in addressing the topic and the research and work they were doing, encouraged the City Commission setting up a meeting with the coalition, thanked the Salina Police Department for their use of proper restraint and engagement in non-violent conflict resolution and his concerns on the use of an acquisition of surplus military personnel. Jeff Bennett, Salina, provided his thoughts on the police officers uniforms and his appreciation to the Salina police officers for their work every day. Mr. Schrage stated that he heard consensus from the City Commission on the citizen advisory board, the 1033 Exchange Program, the Sunflower Coalition proposal at a future meeting. A conversation ensued between the City Commission and Mr. Schrage regarding the topics for future discussion. Mr. Schrage state that City staff could begin with further review and investigation but would need to hear from the Sunflower Coalition. He continued to state staff would need the information from the Sunflower Coalition in 48 hours for the presentation to be added to the July 13th meeting and thought the July 20th meeting was probably a target date for the item to be on the agenda. A conversation ensued between the City Commission, Mr. Schrage and Mr. Stanford regarding the timing of the presentation by the Sunflower Coalition to the City Commission. Mr. Stanford stated July 20th worked for the coalition. Mr. Schrage stated he would need the information submitted to him on the morning of July 15th to be included in the meeting packet for July 20th. Mr. Stanford stated okay, they would have it submitted by that date. Page 7 A conversation ensued between the City Commission regarding setting up another public forum and additional questions the Commissioner's would like responses from staff on. Mayor Hoppock stated the City Commission would wait to hear the presentation by the Sunflower Coalition on July 20th and decide how to move forward at that time. Commissioner Davis mentioned the cost for hiring a consultant and provided his thoughts on the potential cost savings by going that route. A conversation ensued between the City Commission regarding the hiring of a consultant. (7.6) Ordinance No. 20-11034 requiring the Wearing of Masks or Other Face coverings in Public Spaces. Mike Schrage, City Manager, provided an overview of Governor Kelly's Executive Order No. 20-52, the Kansas Attorney General Memorandum Addendum to House Bill 2016, the outcome of the Saline County Commission Special Meeting and the draft ordinance staff prepared. Mr. Schrage led the discussion on how the City may adopt an ordinary ordinance to exercise its home rule authority. Commissioner Ryan asked for clarification on the wearing of masks for those hard of hearing. Mr. Schrage provided a response stating there were exceptions made for those with a hearing impairment. A conversation ensued between the City Commission regarding the exemption for those with hearing impairment. Commissioner Franz stated his concern regarding businesses requiring customers and employees to wear a mask and the enforcement of such policy. He stated his preference would be to post signage rather than ask employers to enforce the policy. A conversation ensued between Mr. Schrage and the Commission regarding enforcement of a mask policy. Mr. Schrage stated that the adoption of an ordinance outside of the Governor's order would not be subject to the limitations of the Governor's order. Commissioner Hodges provided her thoughts on the possibility of including language from the clean air ordinance in the ordinance being proposed to provide expectations to business owners. She also requested a document that business owners may access to post a sign that would be compliant. Mr. Schrage stated that a document could be provided. Mr. Schrage also discussed the implications of including the language from the clean air act in the proposed ordinance and conversation ensued between the Commission and Mr. Schrage. Commissioner Davis provided his thoughts on the need for masks to be worn due to exponential growth in the number of cases. Mayor Hoppock provided his thoughts on the Governor's order being cumbersome and contradictory at times. He stated that simple rules may be easier to follow and less contradictory, such as if you were not able to maintain a six foot distance a mask is required. A conversation ensued between Mayor Hoppock, Mr. Schrage and the Commission. Commissioner Hodges thanked the citizens that reached out regarding the mask issue. She stated her thoughts regarding not getting too caught up in the wording and exemptions. She continued to state that if we make our expectations known, she did not believe that citizens will violate the ordinance. A conversation ensued between the City Commission. The Commissioners discussed the suggested ages masks were required. Commissioner Davis stated he had no reason to change the age recommendations as they were stated. Page 8 Discussion continued with the overall goal being increased wearing of masks to protect public health. Mayor Hoppock provided his thoughts on passing a resolution strongly recommending the wearing of masks rather than passing an ordinance requiring the wearing of masks. A conversation ensued between the City Commission. Mayor Hoppock questioned if there should be a timeline placed on the ordinance. Mr. w Schrage replied stating that much like moratoriums, if we were to place a timeline on this we may be continually extending and that staff's thinking was that it may be best to repeal the ordinance when the liming was appropriate. Commissioner Davis requested staff bring up the slide showing the transmission probability and success rates increasing by individuals wearing masks. Commissioner Franz thanked citizens for reaching out regarding this issue and stated that emails received were about eight to one in favor of wearing masks. A conversation ensued between the City Commission regarding the fact that a mask ordinance may help to ease the burden of business owners by having the City require masks. A lengthy discussion continued regarding expectations for businesses and enforcement. Possible amendments to the wording of the proposed ordinance were discussed. A lengthy conversation ensued between the City Commission and Mr. Schrage on the wording of the proposed ordinance. A citizen asked Commissioner Davis how many testing kits came back as false positives and went on the record as Coronavirus active cases. Commissioner Davis responded by stating that he can't provide an exact number, but he can tell us how many chest x-rays came back showing classic COVID that had a negative test result. The citizen continued by sharing his thoughts on types of masks and their intended uses and ineffectiveness. Commissioner Davis responded with his thoughts on the importance of wearing masks and conversation ensued between the citizen and Commissioner Davis. Ms. Meyer, Salina, provided her thoughts on the importance of wearing masks and thanked the Commission for wearing masks as a sign of respect and concern for our fellow citizens. She continued to state her disappointment in the Saline County Commission for not passing the mask ordinance. Finally she asked the Commission to put politics aside and to do what's best for the citizens of Salina. Anne Hookstra, 2062 Raymond, Salina, provided her thoughts on the importance of wearing masks to help those that were weak. Haley Helzer, Salina, provided her thoughts on the death rate from COVID and our number of cases compared to Wichita. She continued to state the need to protect our clients as a business owner. Norman Mannel, Salina, provided his thoughts on the wearing of masks and stated that individuals should have a choice on the matter. Darla Hasler, Salina, thanked the Commission for addressing this topic. She continued by stating that she would like for the City to use the Home Rule Authority to enforce the wearing of masks for the safety of all of our community members. Santiago Vazquez, Salina, expressed his disappointment with the results of the recent Saline County Commission meeting. He provided his thoughts on the importance of Page 9 wearing masks and how doing so could help to minimize the economic impact of COVID. Mona Hargrave, 704 S 10th St., Salina, stated that we've asked others to wear masks and they were not following the suggestions. She continued to state that with case numbers increasing she was hesitant to go out and shop and to support local businesses. Jeff Bennett, 748 Duvall, Salina, stated that the only thing really exploding was the number of tests being done. He continued by providing his thoughts on the payments for certain causes of deaths and how that may be impacting the number of COVID deaths being reported by medical facilities. Mr. Bennett also provided his thoughts on the wearing of masks and a quote from Dr. Fauci stating that masks should only be worn by the medical community and those that are sick. Joe Robino, Republic Ave Salina, thanked staff and the Commission for the effort in reviewing the Governor's order and identifying the possible holes. He continued by stating that now is the time to act due to the number of cases and deaths increasing and that economically, a mask ordinance will protect and empower businesses. Luke Stanford provided his thoughts on the wearing of masks as an act of compassion. Joe Robino,Salina, stated that the Saline County Commission may be revisiting the wearing of masks at their upcoming meeting. A conversation ensued between the City Commission regarding whether there is a compelling public interest to have a second reading on the same day as the first reading. Commissioner Franz provided his thoughts on the need for transparency of the process. Mayor Hoppock raised the question of when the ordinance would be effective. Mr. Schrage replied it would be effective upon publication in the local newspaper. Mr. Bengtson stated that it is a statutory requirement that the ordinance must be published before it may be effective. Mayor Hoppock questioned how the County decision may impact the proposed ordinance if it would be passed. Mr. Schrage stated that if the County were to opt back in there would still be the criminal vs civil issues and that the City's was more stringent as we are able to impose fines. Mayor Hoppock asked if the County were to reconsider, would the City be able to rescind at that time. Mr. Bengtson stated that with a Home Rule Authority he was confident after discussing with peers that any action the City would take would stand independently from anything that may occur at the Governor or County level. 20-0211 Moved by Commissioner Hodges, seconded by Commissioner Davis, to adopt on first reading Ordinance No. 20-11034 requiring the wearing of Masks or Other Face Coverings in Public Spaces with the amended language in Section 3 to read: All businesses, organizations or non-profit associations in Salina must require all employees, customers, visitors, members of members of the public to wear a mask or other face covering when: 3.a. Employees are working in any space visited by customers, members of the public or co-workers who are present at the time. Aye: (5). Nay: (0). Motion carried. 20-0212 Moved by Commissioner Davis, seconded by Commissioner Hodges, to declare a compelling public interest exists for second reading approval of Ordinance No. 20-11034 on the same day as the first reading. Aye: (4). Nay: (1) Hoppock. Motion carried. Page 10 20-0213 Moved by Commissioner Davis, seconded by Commissioner Hodges, to adopt Ordinance No. 20- 11034 on second reading. A roll call vote was taken. Aye: (4) Davis, Franz, Hodges,Ryan. Nay: (1) Hoppock. Motion carried. 0 DEVELOPMENT BUSINESS W None. OTHER BUSINESS (9.1) I move the city commission recess into executive session for _ minutes to discuss with legal counsel the subject of the legal considerations relating to specific points of negotiation raised by Saline County upon review of the draft Expo Center lease, 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. 75-4319(b)(2). The open meeting will resume in this room at p.m. 20-0214 Moved by Commissioner Davis, seconded by Commissioner Hodges, to recess into executive session for 20 minutes to discuss with legal counsel the subject of the legal considerations relating to specific points of negotiation raised by Saline County upon review of the draft Expo Center lease, 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. 75-7319(b)(2),. The open meeting will resume in this room at 9:57 p.m. Aye: (5). Nay: (0). Motion carried. 20-0215 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to authorized City Manager to deliver the latest draft of the lease agreement between the City of Salina and Saline County for the Expo Center. Aye: (5). Nay: (0). Motion carried. Commissioner Franz noted that the General Order of Business provided information on the citizen comments and the conduct of the citizens specifically refraining from clapping or booing during, before or after a person spoke. He continued to state he thought the City Commission needed to make a point at the next meeting to provide the information on addressing the Commission and the conduct of citizens. He further provided his thoughts on the type of environment it created for individuals that wished to speak either for or against a topic. ADJOURNMENT 20-0216 Moved by Commissioner Hodges, 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 9:39 p.m. re-"- [SEAL] Michael L. Hopp•4 Mayor ATTEST: Cheryl /fermis, Deputy City Clerk Page 11