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08-20-2018 Minutes • CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 20,2018 4:00 p.m. The City Commission convened at 2:30 p.m. for Tennis Presentation 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. 8 Those present and comprising a quorum: Mayor Karl F. Ryan (presiding), Commissioners Trent Davis,Joe Hay,Jr., Melissa Rose Hodges (via phone), and Mike Hoppock. Also present: Michael Schrage, Interim City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. AWARDS AND PROCLAMATIONS None. CITIZENS FORUM Mayor Ryan provided information on citizen forum, reminding citizens of the time limit and asked for those in attendance to be respectful, and courteous. He continued by asking those in attendance that wished to speak on items not related to the animal shelter to speak first. Joan Ratzlaff, Salina, provided her thoughts regarding the overhead structures as part of the downtown development project. Pat Harrington, 730 Manchester, asked how much the cost was for caring for the animals that were housed due to the animal cruelty case. Michael Schrage, Interim City Manager, stated approximately $118,000 but also stated the citizen's forum relating to the animal shelter was last. Mr. Harrington also provided his thoughts regarding the overhead structures as part of the downtown development project. Michael Schrage, Interim City Manager, provided information on how personnel matters were handle and the history of city commission/manager form of government. Mayor Ryan asked for those in attendance in support of Ms. Vanessa Cowie and her employment with the animal shelter to stand and asked for staff to get an estimated.count of those in attendance. The estimated attendance for those in support of Ms. Cowie was approximately 100 individuals. Deborah Corrales, 124 E. Charlotte, read a letter written by an animal services employee who wished to remain anonymous regarding Ms. Vanessa Cowie and her employment with the animal shelter. James O'Shea, 2314 Hillside Drive, provided his thoughts on Vanessa Cowie and her love for Salina and dedication to the animal shelter. Nancy Hodges, Salina, provided a history of the animal shelter from back in the 1970's to current. She also provided her thoughts on Vanessa Cowie as an employee. Page 1 Judy Larson, Salina, provided her thoughts on Vanessa Cowie as an employee of the animal shelter and her relationship with Ms. Cowie. Pat Harrington, 730 Manchester, provided his thoughts on dealing with personnel matters and asked who ordered the animals be removed from the property. Mr. Schrage stated it was a matter of the Saline County Prosecutor and the Saline County Sheriff's office. Mr. Harrington continued to provide his thoughts regarding the personnel matter of Ms. Vanessa Cowie. Randall Hardy, 816 Highland Avenue, provided his thoughts on the animal shelter serving under the Parks & Recreation Department and the need for a change. He continued to provide information on a class for the Kansas Legislature regarding animal cruelty put on by Vanessa Cowie. Maggie Gillam, 860 S. Santa Fe, Volunteer of the Salina Animal Shelter and board member and Treasurer of the Friends of the Animal Shelter, provided information on tasks performed by Vanessa Cowie that go unrecognized. David Norlin, 608 E. Republic, stated he was here to speak for those that could not be in attendance, stated he respected both Ms. Vanessa Cowie and Michael Schrage, Interim City Manager, and continued by providing his thoughts on the personnel matter. Joan Ratzlaff, Salina, representing the Saline Area Worker's Coalition, wanted to applaud the public for their support of the city's employees. Barb Jansen, Volunteer at the Salina Animal Shelter, provided her thoughts on the personnel matter regarding Ms. Vanessa Cowie. Patsy Stockham provided information on her son's Eagle Scout project and the interaction with Vanessa Cowie and the Parks & Recreation Department and asked why the benches that were completed 2 years ago were not installed in Barkley Park. Kimberly Cunningham, 623 Georgetown Road, board member of the Animal Control Advisory Board, provided information on Vanessa Cowie's performance as an employee of the Salina Animal Shelter and Ms. Cowie's accomplishments. Garnett Zamboni, Volunteer of Salina Animal Shelter, provided information on changes to the Salina Animal Shelter with Vanessa Cowie as an employee. Nicole Krob, 231 S. Clark, provided information on Vanessa Cowie as an employee of the Salina Animal Shelter. Eric Stockham, Salina, provided information on his Eagle Scout project and the help of Vanessa Cowie for supporting his project. Sue Voll, 2338 Edward, Chairwoman of the Friends of the Salina Animal Shelter, stated the volunteers stand behind Vanessa Cowie 100% and provided information on the money raised by Ms. Cowie to keep from spending taxpayers' dollars and her accomplishments. Dr. Brad Crauer, Assistant Clinical Professor at Kansas State University, traveled to Salina in the Kansas State University College of Veterinary Medicine's Shelter Medicine Mobile Surgery Unit. He provided information on the Salina Animal Shelter and the level of the shelter compared to other shelters in Kansas, due to Vanessa Cowie and her hard work. Dory Pickering, 1442 Haven, provided her thoughts on the personnel matter of Vanessa Cowie. Page 2 Shealey Johnson, Clay Center, provided information on Vanessa Cowie's help outside of work hours to help the Clay Center Animal Shelter improve their processes. Jenny Solden, 902 Gypsum Avenue, provided information on the personnel matter regarding Vanessa Cowie. John Blanchard, 1117 State Street, stated the personnel matter of Vanessa Cowie needed to be looked into and asked that a commissioner be a leader and add an item to the agenda to hire an outside auditor to look into the animal cruelty case. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME 3 (5.1) Public Hearing for Kansas Water Pollution Control Revolving Loan Fund (KWPCRF), Project No. C20 2050 01 to finance improvements to the City's sanitary sewer collection system. (5.1a) Resolution No. 18-7579 authorizing the completion of an application to the Kansas Department of Health & Environment regarding a loan from the Kansas Water Pollution Control Revolving Loan Fund Project No. C20 2050 01. Martha Tasker, Director of Utilities, explained the project, fiscal impact and action options. Michael Schrage, Interim City Manager, asked Ms. Tasker how long she had been working on the project. Ms. Tasker stated the Valley View project was in place before her employment with the City of Salina almost 14 years ago. Commissioner Davis asked if any portion of the project would be repaid by a form of special assessments. Ms. Tasker stated the Valley View portion of the project within city limits would be through special assessments and there would be an option for those outside the city limits to pay their share when they connect to the city sewer. Commissioner Hoppock asked if the sewer would connect to Magnolia Hills. Ms. Tasker stated there were 12 or 15 homes that were on the west side of the slope that currently had a temporary pump station serving those residents, there was a gravity sewer installed to the west and the temporary pump station would be converted to a manhole for the sewer line to connect to for gravity flow at no costs to those residents. 18-0329 Moved by Commissioner Hay, seconded by Commissioner Hoppock, to adopt Resolution No. 18- 7579 authorizing the completion of an application to the Kansas Department of Health & Environment regarding a loan from the Kansas Water Pollution Control Revolving Loan Fund Project No. C20 2050 01. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of August 13, 2018. Commissioner Hoppock noted a correction to the minutes. 18-0330 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to approve the minutes of August 13, 2018 as amended. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 18-10962 levying special assessments against certain lots and pieces of property to pay the cost of abatements of nuisances. Page 3 Mayor Ryan noted that Ordinance No. 18-10962 was passed on first reading on August 13, 2018 and since that time no comments have been received. 18-0331 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to adopt Ordinance No. 18- 10962 levying special assessments against certain lots and pieces of property to pay the cost of abatements of nuisances on second reading. A roll call vote was taken. Aye: (5) Davis, Hay, L., Hodges, Hoppock, Ryan. Nay: (0). Motion carried. 8 (7.2) Second reading Ordinance No. 18-10963 levying special assessments against certain s lots and pieces of property to pay the cost of the repair of sidewalks. S Mayor Ryan noted that Ordinance No. 18-10963 was passed on first reading on August 13, 2018 and since that time no comments have been received. 18-0332 Moved by Commissioner Hoppock, seconded by Commissioner Hay, to adopt Ordinance No. 18- 10963 levying special assessments against certain lots and pieces of property to pay the cost of the repair of sidewalks 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. 18-10964 approving the Feast on the Fe as a special event and authorizing the sale, possession and consumption of alcoholic liquor within the boundaries of barricaded public areas at such event. Mayor Ryan noted that Ordinance No. 18-10964 was passed on first reading on August 13, 2018 and since that time no comments have been received. 18-0333 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to adopt Ordinance No. 18- 10964 approving the Feast on the Fe as a special event and authorizing the sale, possession and consumption of alcoholic liquor within the boundaries of barricaded public areas at such event on second reading. A roll call vote was taken. Aye: (5) Davis, Hay, Hodges, Hoppock, Ryan. Nay: (0). Motion carried. (7.4) Adopt 2019 Budget and related items. (7.4a) Second reading Ordinance No. 18-10961 adopting and appropriating the 2019 annual budget. (7.4b) Resolution No. 18-7592 adopting the position classification and salary schedule for City employees for 2019. (7.4c) Resolution No. 18-7593 adopting the 2019 Comprehensive Fee Schedule for the City of Salina, Kansas. Debbie Pack, Director of Finance & Administration, explained the request, corrections to the position classification and salary schedule and 2019 Comprehensive Fee Schedule from what was provided in the packet and action options. Commissioner Hoppock stated some of the fees for the Fire Department and Municipal Court were set by resolutions and asked if they were reviewed yearly. Ms. Pack stated the 1 fees for the Fire Department were reviewed by the Fire Chief and the EMS billing office and determined that the amounts were consistent with the fees charged by Medicaid and Medicare. She also stated the fees for Municipal Court were reviewed by the Municipal Court Judge on a yearly basis. Page 4 18-0334 Moved by Commissioner Davis, seconded by Commissioner Hay, to adopt Ordinance No. 18- 10961 adopting and appropriating the 2019 annual budget on second reading. A roll call vote was taken. Aye: (5) Davis, Hay, Hodges, Hoppock, Ryan. Nay: (0). Motion carried. 18-0335 Moved by Commissioner Davis, seconded by Commissioner Hay, to adopt Resolution No. 18-7592 adopting the position classification and salary schedule for City employees for 2019. Aye: (5). Nay: (0). Motion carried. to 18-0336 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to adopt Resolution No. 18- 7593 adopting the 2019 Comprehensive Fee Schedule for the City of Salina, Kansas. Aye: (5). Nay: (0). Motion carried. (7.5) First reading Ordinance No. 18-10965 levying Salina Business Improvement District Number 1 service fees for 2019. Debbie Pack, Director of Finance & Administration, explained the district and fees. 18-0337 Moved by Commissioner Hay, seconded by Commissioner Davis, to pass Ordinance No. 18-10965 levying Salina Business Improvement District Number 1 service fees for 2019 on first reading. Aye: (5). Nay: (0). Motion carried. (7.6) First reading Ordinance No. 18-10953 authorizing the execution of a Loan Agreement between the City of Salina, Kansas and the State of Kansas for the purpose of financing improvements to the City's water distribution systems. Martha Tasker, Director of Utilities, explained the improvements, loan agreement and action options. Commissioner Hoppock asked, based on current utilities rates and usage, if there were sufficient revenues to support the debt. Ms. Tasker stated staff looked 5 years out and evaluated the water and sewer rates each year to ensure the City of Salina is meeting their obligations with the projections and review of the projects. Mayor Ryan noted an article in the recent Kansas League of Cities magazine about women in public service that highlighted Ms. Tasker, among other women in public service, and thanked her for her service. The Commission thanked Ms. Tasker for her hard work as well. 18-0338 Moved by Commissioner Davis, seconded by Commissioner Hay, to pass Ordinance No. 18-10953 authorizing the execution of a Loan Agreement between the City of Salina, Kansas and the State of Kansas for the purpose of financing improvements to the City's water distribution systems on first reading. Aye: (5). Nay: (0). Motion carried. (7.7) Beechcraft Road Project. (7.7a) First reading Ordinance No. 18-10960 unconditionally approving the issuance of General Obligation Bonds by the Salina Airport Authority for the purpose of financing the cost of certain capital improvements located at the Salina Regional Airport and Airport Industrial Center and the Salina Municipal Airport, and approving the First Amendment to a contract between the City and the Board of Directors of the Salina Airport Authority. Page 5 (7.7b) Resolution No. 18-7588 authorizing the improvement and reimprovement of certain public buildings within the City of Salina, Kansas; and providing the payment of the costs thereof. Mike Schrage, Interim City Manager, explained the project, current request, fiscal impact and action options. 2 Commissioner Davis provided his thoughts on the project and asked if Hein Drive was a drive and if there were any street signs for it. Tim Rogers, Salina Airport Authority $ Director, stated they were actually driveways and at one time Hein Drive was a platted street. He continued to state the driveways provide access to the west side of Hangar 724 8 and K-State Polytechnic Aero Department ramp and on the south side of Beechcraft Road for access to Hangar 713 and the Salina Airport Authority maintenance operation shop. Commissioner Davis asked if Hangar 713 was in use now. Mr. Rogers stated yes. Commissioner Davis asked if the lease arrangements for the occupants of the hangars would include the paving of the driveways. Mr. Rogers stated not at this time. Commissioner Davis asked if Hangar 724 would be used for K-State. Mr. Rogers stated the hangar was identified to be renovated to become the home for the K-State Polytechnic Applied Aviation Research Center which would include the UAS department office. Commissioner Davis asked if the City Commission were to provide the funds for the maintenance to the Hangar 724 was it possible to later designate that as part of the contribution towards that initiative. Mr. Schrage stated certainly and stated that Mr. Rogers had worked with K-State Polytechnic in greater detail. Mr. Rogers stated yes, but the idea and recommendation was to complete Beechcraft Road as it was and enable the City to realize the savings on the project and reduce the amount by $396,410. He continued by stating this would enable the director of finance to proceed with the closing of the general obligation bond issuance, which would reimburse the Salina Airport Authority for the cost of the temporary notes on the project. He continued to state the discussion was very helpful in prioritizing the needed maintenance on Hangar 724 both inside and out and wait until the project is better defined to bring an item before the City Commission for an option to participate in the project at that time. A conversation ensued between the Commission, Mr. Rogers and Mr. Schrage regarding the current request and a potential future project for Hangar 724. Commissioner Hodges asked if there was no action taken today, would the bonding amount be reduced by the $396,410. Mr. Schrage stated yes, the bonding amount would be reduced and there would be flexibility in the financing of the bonds. Commissioner Davis asked if there was a practical sense to pave the Hein driveways at this time. Mr. Rogers stated from a Salina Airport Authority standpoint, staff would take the request back and find the funding for the Hein driveways by adding it back into the airports capital improvement program either this year or next year. 18-0339 Moved by Commissioner Hay, seconded by Commissioner Hoppock, on Ordinance No. 18-10960, to take no action on the attached item resulting scope of work for the Beechcraft Road project being the authorized scope of work and financial reimbursement. Page 6 Commissioner Hoppock asked if there was a need for a motion or if the item would just be allowed to die. Greg Bengtson, City Attorney, stated it would be best to have a motion since the item was assigned an ordinance number to help staff track the action on the item. Mayor Ryan called the question. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS Commissioner Hodges stated due to a lag in her phone transmission she was unable to comment at that time. She continued by stating the last comment made in citizen forum regarding a call for an outside audit of the animal services, and due to the tremendous outpour of citizens both Salinans and across the state that spoke today, she would support the initiative to putting a discussion item on next week's agenda to explore an outside audit. She also stated she did not know if any of the other commissioners were affected by the testimony the way she was but would support that effort. Commissioner Hoppock asked with the ongoing issue, if the commission would even consider an outside audit, would it be best to be done after the personnel matter of Vanessa Cowie. Michael Schrage, Interim City Manager, stated with the respect of an audit of the animal shelter, staff had already engaged the National Animal Control Association to observe the operations of the Salina Animal Shelter. He continued to state the performance audit was forthcoming. He understood the citizen's comments to be more pointed toward what was known about the Fullen animal cruelty case and the costs incurred. He also stated some communities had done that but it would definitely either supplant or postpone the personnel matter that was before him at this time. Commissioner Davis stated he was under the impression there was not a question in what invoices that were received; there was an accounting for them that was the nature of the approval. Mr. Schrage stated with the action item the City Commission took previously authorized payment of the expense that was incurred, the agreement that was entered into by the prosecutor's office provided for ceasing the animals in place and had a third party caring for the animals, so the financial clock was not running at this time. He continued to state there was the outside possibility that if the terms of that agreement were violated, the third party would lose custody of the animals but city manager, Jason Gage, at the time spoke with the Saline County Sheriff's office and confirmed, and it was incorporated into the agreement, the animals would return to the county or the sheriff's office. He also stated the City of Salina was no longer directly in line for those costs. Mr. Schrage stated there were a lot of assumptions being made about the basis of the personnel item and he was not at liberty to discuss them but he did not think there was a direct full on relationship of the costs. Commissioner Davis provided his thoughts on the audit. Mr. Schrage stated the audit would not be a financial audit but would be a third party investigation. Commissioner Hodges stated her request would be for a third party investigation. Commissioner Hay asked if an audit was performed would it create a problem on the animal cruelty case currently before the district court. Mr. Schrage stated tomorrow the courts were hearing motions to dismiss the case submitted by the defendant's attorneys and if the case wasn't Paye 7 dismissed, the case would proceed to prosecution for animal cruelty. He also stated he did not 1 think the personnel matter would impact that case. Commissioner Davis asked if there was an internal audit performed on the situation. Mr. Schrage _ stated the process more generally was for the supervisors to conduct whatever due diligence they need to conduct and submit their findings along with a recommendation to the city manager for the city manager's review. He continued by stating at that point the city manager would review y that information and if necessary could gather additional information. Commissioner Davis asked -g if Mr. Schrage was referring to a personnel issue or the financial matter. Mr. Schrage stated a personnel disciplinary matter in general. 3 A conversation ensued between the Commission and Mr. Schrage regarding the type of audit. Commissioner Hoppock provided his thoughts on the external audit. Commissioner Hodges asked if there was a consensus from the commission to proceed with any kind of an independent audit of the process or the financials and stated she assumed there was not. Mayor Ryan stated that was correct. Mr. Schrage asked if there was a motion that died due to the lack of a second or was that just discussion. Mayor Ryan stated he did not think she phrased it as a motion but if that was the case he would ask for a second. I18-0340 Moved by Commissioner Hodges to add a discussion item on next week's agenda to explore an outside audit. Motion died due to lack of second. ADJOURNMENT 18-0341 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 6:20 p.m. llllll [SEAL] Karl F. Ryan, Mayor ATTEST: ebtaAACIts lv Shandi Wicks, CMC, City Clerk I Page 8