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07-02-2018 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS July 2, 2018 4:00 p.m. The City Commission convened 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 Bryan Frazier, President of the local NAACP Chapter 4041, provided his comments regarding the phrase "tar baby" used by Mayor Ryan at the June 23, 2018 meeting. Millie Moye, 2701 Bobby Place, provided her thoughts on the "tar baby" reference. Mayor Ryan stated he was sorry, it was an embarrassing incident for him and it was a learning experience for him. Erin Berquist, 2013 East Bank Drive, provided her thoughts on the meaning of "tar baby" and provided copies of advertisements using the "tar baby". She continued to provide additional information regarding the history of the use of"tar baby". Karen Jore, 112 S. Tenth Street, provided her thoughts on the use of the phrase "tar baby" and asked for the Mayor to apologize to the community and stated he already did. Norman Mannel, Salina, Kansas, provided his thoughts on the use of the phrase "tar baby". Sandy Beverly,141 S. Clark, provided her thoughts on the use of the term"tar baby". Willie Isom, Salina, Kansas, provided his thoughts on lack of African American representation in Salina. Jonathan King, provided his thoughts on the use of the phrase "tar baby" and the feeling of the community in the use of the term. He continued to state the need for the mayor to step down. James Talley, 422 S. Ninth Street, provided his thoughts on the remark of the mayor, the remark of the mayor in the newspaper and the need for the mayor to expand his learning and be a better public servant. Commissioner Davis provided his thoughts on the remarks of the mayor and thanked the community for their words. Commissioner Hodges provided her thoughts on the matter and asked what the best path forward was. She continued by stating she was sorry for her lack of response on the matter Page 1 during the June 25th meeting and asked for suggestions moving forward and forgiveness as she continues to do a better job representing the community. Commissioner Hoppock stated he looked up the term of "tar baby" and stated it was a learning opportunity for the commission and the community. He continued to state everyone came from a different background and appreciated the comments of the citizens and thanked them for attending the meeting. Mayor Ryan stated he took the comments of Mr. Talley to heart and he would continue to learn from the experience. Jon Divine, 1748 Glen, provided information on cell phones at commission meetings and the perception when an individual pulls out a cell phone during a meeting. He continued by stating Salina was not the first city to deal with the issue. Kaye Crawford, 845 Manchester, provided her thoughts on cell phone usage by the commissioners. She also wanted to clarify that her cell phone did ring during a commission meeting and she was concerned regarding the health of her husband. She continued by congratulating the commission for appointing Michael Schrage as interim city manager and asked the commission to give serious consideration to appointing Mr. Schrage as city manager. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of June 25, 2018. (6.2) Adopt Resolution No. 18-7567 authorizing access to the Municipal Investment Pool Account with the Pooled Money Investment Board. (6.3) Adopt Resolution No. 18-7568 authorizing an agreement with USD #305 assigning three uniform law enforcement officers to serve in the School Resource Officer program. (6.4) Adopt Resolution No. 18-7569 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, 2017. (6.5) Approve Change Order No. 3 for the 2016 Water Main Replacement Project, Project No. 63150, to Stevens Contractors, Inc. of Salina, Kansas in the amount of$96,483.20 (Revised Total Contract Amount $2,104,025.26), and revise the Contract Time for Final Completion from November 9, 2017 to December 14, 2017. Commissioner Hodges requested that Item 6.3 & 6.4 be removed from the consent agenda. 18-0251 Moved by Commissioner Hay, seconded by Commissioner Hodges, to approve the consent agenda less Items 6.3 & 6.4. Aye: (5). Nay: (0). Motion carried. (6.3) Adopt Resolution No. 18-7568 authorizing an agreement with USD #305 assigning three uniform law enforcement officers to serve in the School Resource Officer program. Page 2 Mike Sweeney, Captain of Salina Police Department, provided information regarding the school resource officer program. Commissioner Hodges asked which schools would receive school resource officers and which schools would not. Captain Sweeney stated Central High School and South High School would have a full time officer each and the middle schools would have one officer shared between the schools. Commissioner Hodges asked what the current staffing level was at the Salina Police Department and what the staff level would need to be to increase the school resource officers. Chief Nelson stated the department would be fully staffed with 84 officers. He continued by stating the department was currently staffed with 73 officers. Commissioner Hodges asked staff for an update on staffing for the police department and all departments within the organization. • 18-0252 Moved by Commissioner Hodges, seconded by Commissioner Hay, to adopt Resolution No. 18- 7568 authorizing an agreement with USD #305 assigning three uniform law enforcement officers to serve in the School Resource Officer program. Aye: (5). Nay: (0). Motion carried. (6.4) Adopt Resolution No. 18-7569 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, 2017. Commissioner Hodges asked what the typical audit timeline was. Debbie Pack, Director of Finance& Administration, stated the typical audit timeline was 4 to 6 months. Commissioner Hodges asked what the status was of the 2016 audit. Mrs. Pack stated the audit work was completed but staff was waiting on components of external agencies to supply the auditors for completion of the final audit document. Commissioner Hodges asked if the audits were funded by the water and sewer funds. Jason Gage, City Manager, stated the funds represented within the audit would pay for the audit. Commissioner Hodges asked how the selections of the governing body members were chosen. Ms. Pack stated she could check with the auditing firm on how the members are selected. Commissioner Hodges provided her thoughts on the purchasing authority of the city manager. Mr. Gage stated it was not a process issue but the spending issue was brought to the city manager's attention. He also stated the spending authority would be spread through the organization. Commissioner Hodges stated there was a level of oversight and she would like to make a specific request to Mize Houser & Company to ensure it was a one-time situation. Mrs. Pack stated the audit firms would do testing of all systems but could not test all instances within the systems. Commissioner Hodges asked when the 2018 budget would be online. Mrs. Pack stated the 2018 budget book was completed earlier this year and she thought it was already on the city website but would clarify that it was. Page 3 Mr. Gage asked what Commissioner Hodges meant by throw a department under the bus. Commissioner Hodges stated she would like to have a complete audit of the processes of the city. _ Mr. Gage provided the definition of the term "throw someone under the bus". He continued z by asking what Commissioner Hodges would like staff to do. Commissioner Hodges stated w there was a need for special auditing of the processes and the auditors would need to be N aware of the incident. Mr. Gage stated he wanted to make sure it didn't happen again. A conversation ensued between Commissioner Hodges and Mr. Gage regarding the spending authority and a complete audit of the processes. Commissioner Hodges stated she would like to have the auditor pay special attention to the spending authority within the city and would like to have a separate audit of the over spending situation that occurred. Mayor Ryan provided his thoughts on the situation and stated he had confidence in the city manager. Commissioner Hoppock asked if that was why the City of Salina would hire a third party auditing firm to audit the City of Salina. Mrs. Pack stated the third party auditing firm would test the practices and processes of the city. Jon Blanchard, 1117 W. State Street, provided his thoughts on staff looking up the definition throwing someone under the bus and not looking up the definition of"tar baby" last week. 18-0253 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to adopt Resolution No. 18-7569 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, 2017. Aye: (4). Nay: (1) Hay. Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 18-10943 adopting amendments to Chapter 13 of the Salina Code pertaining to equal opportunity. Mayor Ryan noted that Ordinance No. 18-10943 was passed on first reading on June 25, 2018 and since that time no comments have been received. 18-0254 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to adopt Ordinance No. 18-10943 adopting amendments to Chapter 13 of the Salina Code pertaining to equal opportunity 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. 18-10948 changing the zoning district classification from R-2 (Multi-Family Residential) to C-5 (Service Commercial) on property legally described as Lot 7, Block 6 of the Episcopal Military Institute Addition. Mayor Ryan noted that Ordinance No. 18-10948 was passed on first reading on June 25, 2018 and since that time no comments have been received. 18-0255 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to adopt Ordinance No. 18-10948 changing the zoning district classification from R-2 (Multi-Family Residential) to C-5 (Service Commercial) on property legally described as Lot 7, Block 6 of the Episcopal Military Pape 4 Institute Addition 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. 18-10949 changing the zoning district classification from R-1 (Single-Family, Residential) to C-5 (Service Commercial) on property 2 addressed as 1038 Johnstown Avenue. Mayor Rvan noted that Ordinance No. 18-10949 was passed on first reading on June 25, 2018 and since that time no comments have been received. 75 Michael Schrage, Deputy City Manager, stated the agenda item was pending the sale of the property. Dean Andrew, Director of Planning, stated the closing for the sale of the property was delayed and provided action options. Commissioner Hay asked if Mr. Richardson had any issues with delaying the second reading of the ordinance. Mr. Andrew stated the zoning of the property would be of no value until Mr. Richardson owned the property. Commissioner Hoppock asked if the property was not sold could the property be rezoned in the future. Mr. Andrew stated yes, but the property would have to go back through the complete rezoning process. 18-0256 Moved by Commissioner Davis, seconded by Commissioner Hay, to postpone Ordinance No. 18- 10949 changing the zoning district classification from R-1 (Single-Family Residential) to C-5 (Service Commercial) on property addressed as 1038 Johnstown Avenue on second reading to July 16, 2018. Ave: (5). Nay: (0). Motion carried. (7.4) Consideration of proposed city manager executive search firms and transmittal letter inviting statements of qualifications. Greg Bengtson, City Attorney, explained the list compiled, the transmittal letter and information needed from the commission. Commissioner Hoppock asked for information on the timeline. Natalie Fischer, Director of Human Resources, stated the initial phase of the search for profile development could occur within two (2) weeks. Commissioner Hay stated he was in favor of the two (2) week timeline. A conversation ensued between the Commission and Ms. Fischer on the list of search firms. 18-0257 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to allow staff to mail out the letter of call to the listed search firms to be back to us and presented to the City Commission on July 23, 2018. Ave: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS Jason Gage, City Manager, introduced Scott Gardner as the new Process Improvement Director and provided a little background on Mr. Gardner. Mayor Ryan asked if staff had any communication with the baseball enterprises group. Mr. Page 5 Gage stated staff would need to bring the discussion back to the City Commission for discussion on the request and the capital improvement program. (9.1) Request for executive session (legal). I move the city commission recess into executive session for _ minutes to discuss with the City's special environmental legal counsel confidential matters relating to the pending litigation between the Salina Public Entities (including the City of N Salina) and the United States of America relating to the site of the former Schilling Air Force Base, based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship o pursuant to K.S.A. 45-7319(b)(2). The open meeting will resume in this room at p.m. 18-0258 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to recess into executive session for 20 minutes to discuss with the City's special environmental legal counsel confidential matters relating to the pending litigation between the Salina Public Entities (including the City of Salina) and the United States of America relating to the site of the former Schilling Air Force Base, 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 6:10 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:50 p.m. and reconvened at 6:10 p.m. No action was taken. 18-0259 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, 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 6:10 p.m. and reconvened at 6:20 p.m. No action was taken. (9.2) Request for executive session (real estate and legal). 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) and to discuss with legal counsel confidential negotiations relating to the potential acquisition of the real estate 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. 18-0260 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to recess into executive session for 20 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) and to discuss with I legal counsel confidential negotiations relating to the potential acquisition of the real estate 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 6:42 p.m. Aye: (5). Nay: (0). Motion carried. Page 6 The City Commission recessed into executive session at 6:22 p.m. and reconvened at 6:42 p.m. No action was taken. 18-0261 Moved by Commissioner Davis, seconded by Commissioner Hodges, 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 6:42 p.m. and reconvened at 6:52 9 p.m. No action was taken. 18-0242 Moved by Commissioner Hodges, seconded by Commissioner Davis, 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 6:52 p.m. and reconvened at 7:02 p.m. No action was taken. ADJOURNMENT 18-0263 Moved by Commissioner Hay, seconded by Commissioner Hodges, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 7:03 p.m. [SEAL] Karl F. Ryan, Mayor ATTEST: IOW). andi Wicks, CMC,City Clerk 1 Page 7