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12-09-2019 Minutes CITY OF SALINA,KANSAS REGULAR MEETING OF THE BOARD OF°COMMISSIONERS December 9,2019 4:00 p.m. The City Commission convened at 2:30 p.m. for June 28,2019 Housing Summit Report Overview& Recommendations and at 3:45 p.m.for Citizens Forum at City-County Building,Room 107. Mayor Davis 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 Trent W. Davis, M.D. (presiding), Commissioners Joe Hay,Jr.,Melissa Rose Hodges,Mike Hoppock, and Karl Ryan. Also present: Michael Schrage, City Manager;Jacob Wood, Deputy City Manager; Greg Bengtson, City Attorney; and Shandi Wicks,City Clerk. AWARDS AND PROCLAMATIONS None. CITIZENS FORUM Deborah Corrales, Salina, handed out information to the City Commission on pit bulls and provided information on why breed specific legislation does not work. Tyler Sartain, 233 N. Kansas, requested the pit bull ban be repealed and provided information on the ban and requested the City Commission take action on the ban sooner rather than later, Kinn Cunningham, 683 Georgetown Road, provided her thoughts on pit bulls and the ban and the book that was distributed to the City Commission called "Misunderstood Nanny Dogs" by Jesse Thomas Beasley. She went on to provide information on other books pertaining to pit bulls. She handed out information titled "How America's Dog Became Public Enemy#1-And Why They're Making Such A Comeback." Dr. James Nolan, PhD, Associate Professor of Psychology at Bethany College, residing at 317 S. 12th Street, Salina, provided information on animal behavior and neuroscience of pit bulls and the creation of breed specific bans. Norman Mannel, Salina, asked the City Commission to bring the item up and asked why there had been a delay. Michael Schrage, City Manager, stated staff had worked through the agenda item over the weekend and the item will be on the agenda at the December 16, 2019 meeting. Ms. Cunningham asked if the City Commission wanted the item to be on the agenda. Mr. Schrage stated the agenda item would be on the agenda for the December 16,2019 meeting. Ms. Cunningham asked if that would be a time when outside parties should attend. Mr. Schrage stated yes. Commissioner Hodges asked if the action alternatives would include repealing the ban or keeping the ban in place. Mr. Schrage stated those were two (2) of the options but there Page l were other options that could be used. Commissioner Hodges provided her thoughts on the book provided by staff. Mr. Schrage provided information on the book and the outline of the agenda item that will be on the December 16,2019 agenda. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of December 2,2019. (6.2) Adopt Resolution No. 19-7775 describing the corporate limits of the City of Salina. (6.3) Adopt Resolution No. 19-7779 authorizing the Mayor to execute an agreement with Union Pacific Railroad Company (UPRR) for a Pipeline Crossing and Encroachment of railroad property at the intersection of Mulberry and 4th Street. 19-0382 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Resolution No. 19-7768 adopting the 2020-2024 Capital Improvement Program budget. Debbie Pack,Director of Finance and Administration,explained the program. Commissioner Hodges asked if the Emergency Radio System was specifically the equipment the City needs to coordinate with the County. Michael Schrage, City Manager, stated the amount listed was staff's best guess on the financing needed for the system. Commissioner Hodges asked how many years the Tony's Pizza Events Center basketball floor would last. Mr. Schrage stated staff assured him that the use would exceed the payment schedule of 15 years. Jim Kowach, Director of Public Works, stated the original floors were purchased in 2000. Mayor Davis asked if there would be another option for financing of the Tony's Pizza Events Center basketball floors and stated that the financing currently chosen would cost $50,000 in interest payments. Mr. Schrage stated it was not currently listed in the Parks Master Plan but the funding could come from that budget. Ms. Pack stated if cash was used, the project would take up a huge portion of the budget and would eliminate other projects in the program. Commissioner Hodges asked if items listed in 2024 or beyond or where in the projects for further review and asked if some of the items could be moved up in the list. Ms. Pack stated that Finance staff works with each department to determine the level of need for the project and stated that staff could work to determine when the project needed to be replaced. 19-0383 Moved by Commissioner Hay, seconded by Commissioner Ryan, to adopt Resolution No. 19-7768 adopting the 2020-2024 Capital Improvement Program budget. Aye: (5). Nay: (0). Motion carried. I Page 2 i Mayor Uavis thanked the Parks & Recreation Department for their hard work on the Mayor's Christmas Party and mentioned it was a huge success. (7.2) Authorize the addition of a Power-LOAD cot system in the 2019 remount ambulance for the fire department. Kevin Royse,Fire Chief,explained the request,fiscal impact and action options. Commissioner Hoppock asked if the cot system would be installed on all units from here on out. Mr. Royse stated the request for the purchase of the cot installation would be within + the capital improvement program and staff would install it in the units. 19-03$4 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to authorize the addition of the Power-LOAD cot system in the amount of$27,660.00 for 2019 Ambulance remount. Aye: (5). Nay: (0). Motion carried. (7.3) Consider Change Order No. 2 for the 2019 Mill and Inlay Project, City Project No. 90014. Dan Stack, City Engineer, explained the project, change order, fiscal impact and action options. Commissioner Hoppock asked if we did not have areas that needed the concrete rehabilitation. Mr. Stack stated staff did not get a good concrete rehabilitation project bid and finalized this year and there were several concrete rehabilitation projects to be bid out in 2020. Mayor Davis asked how the street striping would look like for this project. Mr. Stack stated it would look exactly like Santa Fe does south of Crawford with a single lane each way with a turn lane in the middle with bike lanes on both sides and parking on both sides of the street. Mayor Davis asked if street parking would be allowed on Santa Fe by the hospital. Mr. Stack stated there was parking on Santa Fe between Crawford and Prescott and parking between Prescott and South Street although South Street to Mulberry had not been developed at this time and would need to be looked at. Mayor Davis and Commissioner Ryan both stated it would be difficult to have parking on Santa Fe Avenue between Prescott and South Street. A conversation ensued between the City Commission and Mr. Stack regarding street parking for the project. Commissioner Hodges asked if staff could reach out to Salina Regional Health Center to get their thoughts. Michael Schrage, City Manager, stated in light of the parking garage and off street parking, on street parking would maybe not be a good option. Mr. Schrage stated if there was consensus on leaving the parking as it was, staff would leave it as it was to avoid public discussion. Commissioner Hodges encouraged staff to work with property owners when looking at on- street parking in the community. 19-0385 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to authorize the City Manager to approve Change Order No. 2 in the amount of $252,593.24 with a $5,434.96 (2.2%) Construction contingency. Aye: (5). Nay: (0). Motion carried. Page 3 (7.4) Discuss Single Use Plastic Bag use in the City of Salina,Kansas. Jim Kowach, Director of Public Works, explained the information provided, fiscal impact, and recommendations. Commissioner Hoppock asked if the City of Lawrence was completely doing away with plastic bags and charging for bags. Mr. Kowach stated the City of Lawrence was trying to do away with the bags but it has since been moved back to the committee. Michael Schrage,City Manager,stated that included in the staff report staff listed questions in the recommendation section. Mayor Davis read the recommendations listed on the agenda item staff report. Norman Mannel, Salina, provided his thoughts on the health hazard of single use plastic bags and alternatives uses. Deborah Corrales,Salina,provided her thoughts on recycling and the use of plastic bags. Joan Ratzlaff, Salina, provided her thoughts on single use plastic bags and the need to ban them. Ken Reitz,Salina,provided information on single use plastic bags and how time consuming recycling of bags was. He continued to provide information on taxing of single use bags and the use of the funds. Mr. Schrage stated that staff had addressed concerns at the outset and remained concerned about the taxing of bags. Mayor Davis asked if there was a charge for a bag, would that be considered taxing a bag. Mr.Schrage stated at his first reaction,was yes,it would be considered a tax. Commissioner Hay provided his thoughts on the impact of the single use bags and what other cities have been able to accomplish. He continued to provide information on the reusable plastic bag given to him from Ms. Corrales for Wal-Mart. He further continued to commend Dillon's, Wal-Mart and Aldi for their work on single use plastic bags and would like to work toward banning plastic grocery sacks. Commissioner Ryan stated that staff was saddled with ground water contamination, downtown ordinances and housing and would like to see someone else take this up and it was too large of a distraction for staff. Commissioner Hoppock stated that he tended to agree with Commissioner Ryan that if we were flush with money and needed projects to work on, it would be a good project for staff to do. He continued to state the need to educate the public on reusable bags. Commissioner Hodges stated that she thought she had her mind made up but the more people learn the more they can make a better discussion. She continued to provide information on the most successful program for plastic bags and the need for public buy-in. She further stated that she was willing to go ahead and pursue the plastic bag ban with the understanding that(1)it was going to have to be a very inclusive approach; (2) now that we have looked at what works and does not work in different communities and states, we need to be open to fee per bag,banning a particular type of bag or whatever we need to do to make the most impact,and (3) find ways to make a bigger impact. Mayor Davis provided information on how the use of plastic bags began and how stores were making it without plastic bags. He continued to state that use of cloth bags was an Page 4 option and the process would have to be done in baby steps and it would not occur overnight. He further stated it was a health hazard and thought it needed to be explored and did not need it to impact staff right now. Commissioner Hay stated when he said he only had three (3) meetings left, he would like to see an ordinance and a timeline for when the ban would go into effect. Commissioner Ryan stated there needed to be a public participation opportunity for this item. Mr. Schrage stated that a motion to direct staff would be needed. 19-0386 Moved by Commissioner Hay, seconded by Commissioner Hodges, to direct staff to proceed with a plastic bag ban with a formal public engagement process. Aye; (4). Nay: (1) Hoppock. Motion carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS Commissioner Hodges would like to discuss the email the City Commission received Tuesday morning regarding Urgent: Expo Center Update and asked legal counsel if it should be discussed in open session. The City Commission recessed at 5:33 p.m. for a 5 minute break. The meeting resumed at 5:38 p.m. Greg Bengtson, City Attorney, stated the question he thought needed to occur at the outset of an executive session. He continued to state the issue had been discussed publicly and he understood there was new information that potentially warrants a discussion with him and information that would qualify for executive session. Commissioner Hodges wanted to talk about the process and the direction that the Governing Body gave last week and if it was more germane to discuss that before that executive session or now. She continued to state with members of the public waiting for the first executive session, she would wait until preceding the executive session on the topic. (9.1) Request for executive session(trade secrets). 1 move the city commission recess into executive session for — minutes to discuss the subject of a specific economic development prospect based upon the need to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trusts, and individual proprietorships pursuant to K.S.A. 75- 4319(b)(4). The open meeting will resume in this room at p.m. 19-0387 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive session for 30 minutes to discuss the subject of a specific economic development prospect based upon the need to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trusts, and individual proprietorships pursuant to K.S.A. 75-4319(b)(4). The open meeting will resume in this room at 6:11 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:41 p.m. and reconvened at 6:11 p.m.No action was taken. Page 5 Also present in executive session: Tim Rogers, Airport Authority Executive Director; Mitch Robinson, Salina Community Economic Development Organization, Inc. Executive Director; Debbie Pack, Director of Finance and Administration; Mike Schrage, City Manager; and Jacob Wood, Deputy City Manager, Greg Bengtson, City Attorney; and Eric Brown,Salina Area Chamber of Commerce CEO. Commissioner Hodges spoke about an email the City Commission received from Michael Schrage on December 3, 2019 titled "Urgent: Expo Center Update'. She stated that the consensus included in the minutes of December 2, 2019 stated that the City Coninussion would wait to hear from Saline County. She continued to state that the Governing Body had not authorized the mayor and did not know if the County Commission had authorized Chairman Vidricksen to proceed with negotiations on our behalf and asked how the conversation and negotiations with Chairman Vidricksen occurred. Mayor Davis stated that at the end of the December 2, 2019 meeting he mentioned that he had Chairman Vidricksen's number and Chairman Vidricksen had his. He continued to state he had a conversation with Chairman Vidricksen one on one to bounce ideas off each other, trying to keep the conversation going and for each of the parties to individually and independently bring the ideas back to their respective bodies knowing that it may be a failed effort but if there was a chance to get the topic moving to avoid what looked like it was becoming a stalemate in a hurry. Commissioner Hodges stated that she understood that Mayor Davis and Chairman Vidricksen were working to get to a solution but the email received, not specifically, but discussed the proposed approach, proposals and counterproposals. She continued to state that her take from the email was a much higher degree of detail of discussion. She continued to explain a situation when she acted outside of the Governing Body and stated she was trying to understand what the rules were on the playing field because it seemed like certain rules applied at certain times and situations. Mayor Davis stated neither of the parties were acting out of their respective parties. He continued to state that Chairman Vidricksen and Mayor Davis walked around the Expo Center to seek opportunities for adjustments as an opportunity to get something settled. Commissioner Hodges stated she had a concern about where the email fell with Kansas Open Records Act (KORA) and Kansas Open Meetings Act (KOMA), assuming that the communication was public communication. Mr. Schrage stated it was written with that possibility in mind that it was an open document. He continued to state that it was written on a Tuesday so it did include a statement that we did not elaborate yesterday but the City Attorney would need to review our options for future deliberations in executive session in light of the most recent deliberations in open session. He further stated that staff was already aware of the open communication and the possibility of going back into executive session questions and staff was prepared to speak to that. Commissioner Hodges stated conversations that occurred at the Saline County Commission meeting was the need for the conversations to be held in public and among the public at-large. She continued to state she was concerned with how the conversation occurred and once the City Commission got back into executive session, she may be less concerned. Page 6 Mayor Davis provided his thoughts on the use of executive session and the Expo Center topic. Commissioner Hodges asked Mayor Davis if he didn't consider his actions in any way acting outside the Governing Body specific direction. Mayor Davis stated no,he could have just as easily had a conversation with a fellow City Commissioner. Mr. Schrage stated he was not able to attend the County Commission meeting on Tuesday but was able to listen to the entire video and was aware of the conversation that occurred. He continued to state he was familiar with the comments Commissioner Hodges was referencing about a desire for open conversation and felt the City Attorney may want to elaborate on the basis for the Governing Body being able to go into executive session. Greg Bengtson, City Attorney, asked Mayor Davis if he knew what the county's expectation is of the governing body at this point. Mayor Davis stated no, he did not think Chairman Vidricksen had broached the ideas with his board yet and he had not either. Mr. Bengtson asked if Mayor Davis knew if Chairman Vidricksen intended to take it to his board. Mayor Davis stated he thought he would be did not know when. Mr. Bengtson stated that there had been extensive public conversations about this topic,the conversations between the Mayor and Chairman Vidricksen were not privileged in any way, meaning there was not a basis for confidentiality as to those conversations and the only basis for a consultation on a privileged basis would be the extent to which your fellow commissioners might want to address the new information and a position in response to and in light of the new information,but stated that was a rather narrow conversation in the whole big picture. He continued to state that if the City Commission chose to go into executive session it was going to be difficult to parse to bring it back into a privileged conversation but there was some room there but it was going to be a little tedious. Mayor Davis stated he was prepared to discuss it in open session and stated there had been a fair amount of conversation in open session. He continued to state that if the two commissions would meet jointly it would be done in open session. Commissioner Hoppock stated he was not surprised that Mayor Davis spoke to Chairman Vidricksen and the fact that he told us they had each other's phone numbers. He asked the City Attorney, if it would be appropriate for Mayor Davis to provide information in the public meeting about their conversations. Mr. Bengtson stated the City Commission had articulated their opinions in open meeting and the response on the conversation between Mayor Davis and Chairman Vidricksen, He then stated if they feel they need to hold a private conversation,it would be allowed. Mayor Davis asked if he was correct that he could list his suggestions but if it needed to go to further discussion.,it would need to go in executive session. Mr. Bengtson stated yes. Mr. Bengtson stated if the conversation could be limited to the elements of the lasted discussion and not discuss previously discussed information. Commissioner Hodges asked if Mr. Bengtson would be able to stop a commissioner if a conversation goes too far and should be discussed in open session. Mr. Bengtson stated he viewed that as his job. Page 7 Mr. Schrage stated staff could provide a refresher on the actions that had occurred until now. He continued to state that staff had created a notebook for each commissioner on the chronology on the topic. Commissioner Hay stated he did not agree with the deflating the balloon theory because the discussion never ended and the County Commission stated they were going to table sending the letter out and was hoping for further negotiations. Mr. Schrage stated, the City Attorney could correct me if I am wrong but what Mr. Bengtson was saying was everything that had been discussed in open session probably needs to be discussed in open session and the information that was eligible for executive session conversation would be the new information related to continuation of that negotiation alternate approaches proposals. Mr. Bengtson stated yes, as soon as you all start articulating your own position and breaking rank with open public discussion of individual's own positions, it was hard to sustain a true negotiation model. He continued to state if we could stick to the new information and if there were positions to be derived from that new information that would be an appropriate attorney-client privilege executive session. Mr. Schrage stated after the last executive session, there was open discussion that addressed each commissioner's opinions. Commissioner Hodges stated the conversation in executive session could occur on new information from Mayor Davis and Commissioner Hoppock's ideas. Mr. Bengtson stated we have had very public discussions and thought the Governing Body could discuss the ideas as long as it was on the new information. Mr. Schrage stated if the wish to discuss a new alternate proposal, what would be Mr. Bengtson's opinion of discussing that in executive session. Mr. Bengtson stated it could be discussed in executive session if it was based on the new information. (9.2) Request for executive session(legal). I move the city commission recess into executive session for minutes to discuss the subject of negotiations with Saline County relating to the Expo Center Lease agreement 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) and for the reason that the public discussion of the matter would adversely affect the interests of the City. The open meeting will resume in this room at p.m. 19-0388 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive session for 20 minutes to discuss the subject of negotiations with Saline County relating to the Expo Center Lease agreement 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) and for the reason that the public discussion of the matter would adversely affect the interests of the City. The open meeting will resume in this room at 6:56 p.m. ye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:36 p.m. and reconvened at 6:56 p.m. No action was taken. i Page 8 Also present in executive session: Mike Schrage, City Manager; and Jacob Wood, Deputy City Manager; and Greg Bengtson,City Attorney. 19-0389 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive session for 15 minutes to discuss the subject of negotiations with Saline County relating to the Expo Center Lease agreement 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 l pursuant to K.S.A. 45-7319(b)(2) and for the reason that the public discussion of the matter would P A adversely affect the interests of the City. The open meeting will resume in this room at 7:13 p.m. T Aye. (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:58 p.m. and reconvened at 7:13 p.m. No action was taken. Also present in executive session: Mike Schrage, City Manager; and Jacob Wood, Deputy City Manager;and Greg Bengtson,City Attorney. Mr. Bengtson stated he wanted to express his appreciation of the City Commission and for staying on the topic of the new information. Mayor Davis stated a request for the need for additional discussion with our County colleagues for a request to meet with Saline County on Thursday,December 19,2019, 19-0390 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to direct staff to propose a joint city/county meeting on Thursday, December 19,2019 in the evening with public input to be taken at that time, if the date does not work, for staff to work with Saline County to schedule a meeting in early 2020. Aye: (5). Nay: (0). Motion carried. (9.3) Request for executive session(personnel). I move the city commission recess into executive session for _ minutes to discuss the City Manager's performance evaluation 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. 19-0391 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive session for 30 minutes to discuss the City Manager's performance evaluation 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 7:55 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission to a 7 minute break at 7.18 p.m., recessed into executive session at 7.25 p.m. and reconvened at 7:55 p.m. No action was taken. Also present in executive session:Natalie Fischer,Director of Human Resources. 19-0392 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to recess into executive session for 5 minutes to discuss the City Managers performance evaluation based upon the need to discuss personnel matters of non-elected personnel pursuant to K.S.A. 75-4319(b)(1). The open sheeting will resume in this room at 8:02 p.m. Aye: (5). Nay: (0). Motion carried. Page 9 The City Commission recessed into executive session at 7:57 p.m. and reconvened at 8:02 p.m. No action was taken. Also present in executive session: Natalie Fischer,Director of Human Resources. ADJOURNMENT 19-0393 Moved by Commissioner Hoppock, 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 8:03 p.m. r [SEAL] Trent W. Davis, M.D.,Mayor ATTEST: Shandi Wicks,CMC, City Clerk Page 10