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02-03-2020 Minutes CITY OF SALINA,KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS February 3,2020 4:00 p.m. The City Commission convened at 3:00 p.m. for Lower Smoky Hill Water Supply Access District Special Board Meeting and 2019 Year-End Financial Update and at 3:45 p.m. for Citizens Forum at City-County Building,Room 107B. 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;Jacob Wood, Deputy City Manager;Greg Bengtson, City Attorney;and Shandi Wicks,City Clerk. AWARDS AND PROCLAMATIONS (3.1) The month of February 2020 as "Black History Month" in the city of Salina. Ras- Janelle Edwards,will read the proclamation and announced associated events. CITIZENS FORUM Deborah Corrales, 124 E. Charlotte, provided her thoughts on the need to contact those with expertize on breed specific legislation and requested the item be placed on the ballot for a public vote. Phil Black. 815 Spruce, Apt B, provided his thoughts on the livable minimum wage and announced an event he had coming up regarding a livable minimum wage on Sunday, February 9,2020 and asked the Mayor to be on the panel. Melanie Terrill, Salina Art Center, provided an invitation to the City Commission and information on an opening reception on Shattering the Void: Realms of Meaning in East Asian Art on Friday, February 7,2020 from 5:00 p.m. to 7:00 p.m. Norman Mannel, Salina, provided his thoughts on the minimum wage and Black History Month. Joan Ratzlaff, Salina, provided information on the need for ethics training for all citizen boards and commissions and asked that the City Commission ensure the board members get the training necessary. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the regular meeting minutes of January 27,2020. Page 1 (6.2) Approve the special meeting minutes of January 29,2020. 20-0041 Moved by Commissioner Hodges, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye. (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Resolution No. 20-7802 accepting the 2020 Census Complete Count Committee Action Plan, Lauren Driscoll, Director of Community & Development Services, explained the U.S. Census,the committee and action options. Commissioner Davis stated there were areas of town that were predicted to be low response areas based on the last census and asked if there was an effort to reach out to a historically low response area prior to canvasing. Ms. Driscoll stated that North Salina generally had a low response rate, that was identified in the plan and staff had it setup to attend a North Salina Economic Development Organization meeting and there had been conversations with business owners in that area. She further stated that staff was trying to utilize other methods of contact that had not been used in the past to educate the public on the census. Commissioner Davis mentioned the announcement in the newspaper and asked how much of the initial information could be translated to other languages to capture members of the public. Ms. Driscoll stated that she could work on creating the newspaper notices in other languages and there were media information from other sources that were available in multiple languages. A conversation ensued between Commissioner Davis and Ms. Driscoll regarding the information available in multiple languages to capture all citizens. Commissioner Hodges provided her thoughts on why the census was important and why a citizen should participate. Ms. Driscoll stated that a list of sources that could distribute and provide important documents relating to the census had been identified along with an online census participation option. Commissioner Hodges stated she learned a lot reading through the action plan and thanked staff for all of their work on the plan.She also stated she was not aware of the need to list every physical address in a database and then respond to challenges from the Census Bureau and asked how many challenges staff had to address. Ms. Driscoll stated she did not have the number off the top of her head but it was always a good handful every year. She continued to state you were taking two data sets that were compared to identify inconsistencies, the list of inconsistencies would be sent to the census for review, and if they did not agree with the list,the City could appeal the decision. Commissioner Ryan asked at what point we would know what areas were in need of additional work. Ms. Driscoll stated that the committee should know by June what areas of town needed more attention. Commissioner Franz thanked staff for their work on the action plan. Mayor Hoppock stated there was a change in executive director for one of the organizations. Ms. Driscoll stated that the organizations were the members and those organizations would determine an individual that would regularly attend. Page 2 Commissioner Hodges stated that in the event we do not receive the grant funding, and asked if there was any contemplation in the future on setting up a budget for this and what staff thought that would look like. Ms. Driscoll stated that a lot of times the money would come from the state but municipalities could set aside a budget amount. She continued to state there was some public outreach money available to help reach the spots needed but she did think it would be helpful to budget a small amount for census outreach in 2030. 20-0042 Moved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Resolution No. 20- 7802 accepting the 2020 Census Complete Count Committee Action Plan. Aye: (5). Nay: (0). Motion carried. (7.2) Consider bids for Dean Evans Stadium Drainage Improvements,Project No. 90005. Dan Stack, City Engineer, explained the project, bids received, fiscal impact and action options. Commissioner Franz restated the project briefly. Mr. Stack stated the trench on the map would take the water away from the field. Commissioner Hodges asked if the project would be able to satisfy the drainage problems if the agreement with Baseball Enterprises did not go through, Mr. Stack stated that it would hopefully resolve the drainage problems whether the patio was built or not. Commissioner Hodges mentioned information listed in the Kaw Valley Engineering report. Chris Cotten, Director of Parks & Recreation explained the holes bored and the flow of the water around the outside of the field. A conversation ensued between the City Commission, Mr. Stack, Mr. Cotten, and Michael Schrage, City Manager, regarding the drainage issues, the recommendations on the Kaw Valley Engineering Report and other improvements and changes staff had made. 20-0043 Moved by Commissioner Hodges, seconded by Commissioner Davis, to award Project Number 90005, Dean Evans Stadium Improvements, to T&R Dirt Construction of Salina in the amount of $55,360.12 with a$4,639.88 (8.3%) construction contingency. Aye: (5). Nay: (0). Motion carried. (7.3) Resolution No. 20-7796 authorizing the City Manager to execute an Agreement for Cost-Sharing of Pictometry Imagery and Software with Saline County. Dan Stack, City Engineer, explained the agreement, cost-sharing, fiscal impact and action options. Norman Mannel, Salina, asked who the agreement was with and who was performing the work. Mr. Stack stated the City of Salinas agreement was with Saline County and Saline County's agreement was with Pictometry International Corporation. Mr, Mannel provided his thoughts on the cost of the agreement and other options for acquiring aerial mapping. Ken Reitz provided information on old pictometry maps at the Salina Public Library. 20-0044 Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Resolution No. 20- 7796 authorizing the City Manager to execute an Agreement for Cost-Sharing of Pictometry Imagery and Software with Saline County. Aye: (5). Nay: (0). Motion carried. (7.4) Approve Supplemental Agreement No. 1 with HDR, Inc. for additional engineering design services related to the Smoky Hill River Renewal Greenway Trail, Project No. 90037. Page 3 Dan Stack, City Engineer, explained the project, supplemental agreement,fiscal impact and action options. Commissioner Franz asked what the traffic count was on Ohio Street currently. Mr. Stack stated approximately 15,000. Commissioner Franz asked if there was a potential.issue with this crosswalk being a couple blocks from Crawford. Mr. Stack stated staff would need to keep an eye on it and coordinate it the best we could. Commissioner Franz asked what was included in the grant request to the Kansas Department of Transportation (KDOT). Mr. Stack stated that$160,000 was received for the grant from KDOT with$300,000 internal money with this project being around $70,000. Commissioner Franz provided his thoughts on the project, the surface crossing and the use of the capital improvement program sales tax money. Commissioner Hodges provided her thoughts on the amount of money the City of Salina was putting in to get the grant money. Jim Kowach, Director of Public Works, provided additional information on the trails, reducing retaining walls,the Ohio Street corridor and the HAWK signal. A conversation ensued between the City Commission and Mr. Stack regarding the fiscal impact of the project,the supplemental work and the grant money. Commissioner Davis asked if the delay going under Ohio was a functional issue or a financial issue. Mr. Kowach stated there was a lot more engineering work that needed to go into the design of the box culvert and drainage. Commissioner Davis asked if the Ohio Street undercrossing was part of the project. Mr. Kowach stated it was part of the master plan. Commissioner Davis asked how long it would take to get the Ohio Street undercrossing completed. Mr. Kowach stated at least a couple years. Commissioner Ryan stated that the underground culvert was also to help with the water flow. Mr. Kowach stated yes. Mayor Hoppock provided his thoughts on the project,the surface crossing and the safety of the walking or biking public. Commissioner Hodges asked if the grant was available on a yearly basis. Mr. Stack stated it was available every two (2) years. Mr. Kowach provided information on the necessity of the crossing. Commissioner Ryan provided his thoughts on the need for a crossing at the specific location. Commissioner Franz asked if the box culvert that was proposed was necessary for the river project. Mr. Stack stated yes to let the water pass and it would also allow pedestrians to cross. Commissioner Franz provided his thoughts on the need to review the Capital Improvement Project(CIP) for sales tax and review what types of unfunded liabilities were in the projects. Mr. Schrage stated that there were conversations when the CIP was brought before the City Commission for approval. Page 4 Commissioner Davis asked if the funds could be put back into sales tax, Mr. Schrage stated that the payments would need to come out of the sales tax fund. Commissioner Davis asked if there was time to wait and think about this. Mr. Kowach stated the latest the project could be bid was September but staff would need to begin working on the acquisition of property before the work could begin. Jane Anderson, 636 E. Iron Avenue, provided information on the grants available in the future if the grant was not accepted. She also stated that the most liked piece of the river project was the trails. She further provided information on the relationship with the Corp of Engineers that could lead to further money for the project. Ken Reitz, Salina, asked what signal was at the crosswalk at the hospital. Mr. Kowach stated it was a solid red light with a white flashing rim but it was a normal red light. Norman Mannel, Salina,provided information on the potential sales tax increase for a new jail. Commissioner Franz provided his thoughts on the trail and the funding of the project. 20-0045 Moved by Commissioner Franz, seconded by Commissioner Ryan, to approve Supplemental Agreement No. 1 with HDR, Inc. for additional engineering design services in the amount of $11,600. Mr. Stack stated the approval was simply for the $11,600 to cover the additional engineering design services. He continued to state that staff would be back to the City Commission for approval on additional items for the project. Commissioner Hodges provided her thoughts on the engineering design costs for the project. Mayor Hoppock provided his thoughts on the engineering services and asked when we would know what the engineering cost would be. Mx. Stack stated the cost for the engineering services was brought to the City Commission on August 5, 2019. Mayor Hoppock called the question to approve Supplemental Agreement No. 1 with HDR, Inc. for additional engineering design services in the amount of$11,600. Aye: (5). Nay: (0). Motion carried. (7.5) Resolution No. 20-7800 authorizing the acceptance of the 2019 people's choice sculpture for placement on public property. Brad Anderson, Director of Arts and Humanities, briefly explained the Sculpture Tour, fiscal impact and action options. Penny Bettles, Salina Downtown, Inc. Executive Director and Sculpture Tour Salina, provided information on the Sculpture Tour, presented the third choice, second choice and the 2019 People's Choice winner. Mr. Anderson provided additional information on the program and noted the fiscal impact and action options. Commissioner Ryan provided his thoughts and complements to the artist of the 2019 People's Choice winner. Commissioner Hodges wanted to recognize Penny Bettles and Melanie Sanders on their work on Sculpture Tour and recognized Mayor Hoppock for the vision. She lastly Page 5 recognized Trey Mowery for his work on the tour. 20-0046 Moved by Commissioner Davis, seconded by Commissioner Hodges, to adopt Resolution No. 20- 7800 authorizing the acceptance of the 2019 people's choice sculpture for placement on public property. Aye: (5). Nay: (0). Motion carried. (7.6) Kansas Attorney General Response to City of Salina Self-Report of Kansas Open Meetings Act Violation. Michael Schrage, City Manager, explained the Kansas Open Meetings Act, the violation and the correspondence from the Kansas Attorney General's Office, Mayor Hoppock asked if individuals would like to be notified about a specific topic but not all agendas. Mr. Schrage stated that staff would work with citizens to add them to the email notification list for those boards and commissions they were interested in. Mayor Hoppock asked if there was a time limit on regular mail. Mr. Schrage stated no but it does take longer to get the agenda to the person. Mayor Hoppock stated there was not a requirement for publication of the agenda to the newspaper. Mr. Schrage stated correct but there was a requirement for sending meeting agendas to those that request it. Commissioner Davis provided his thoughts on the error and stated he did not want any lack of faith in the staff due to this error. Joan Ratzlaff, Salina, provided her thoughts on the error that occurred, the ease in subscribing to the email notification lists and the lack of knowledge of staff across the City organization of the Kansas Open Meetings Act(KOMA). Commissioner Hodges thanked the Kansas Attorney General Assistant, Lisa Mendoza, for her detailed information,Joan Ratzlaff for notifying the City Commission and thanked Jon Blanchard for recommending the self-reporting of the violation. She continued to thank Ms. Ratzlaff for her suggestion to gather staff that prepared packets and agendas to ensure they were created correctly and submitted to the city clerk. Norman Mannel,Salina,provided his thoughts on the violation. DEVELOPMENT BUSINESS None. OTHER BUSINESS Commissioner Davis asked about the status of official training for boards and commissions. Michael Schrage, City Manager, stated staff had established training based on the City Commissions request and there was minimal attendance. He stated that staff had looked at a video with a quiz but the cost for software was significant so staff went with the Kansas Open Meetings Act/Kansas Open Records Act training as an alternative. Michael Schrage, City Manager, stated that there were three (3) executive sessions on the agenda and he would prefer to start with Agenda Item No. 9.1 then move Agenda Item No. 9.3 next with Agenda Item No. 9.2 last. Commissioner Hodges recognized Salina Police Department officers for their recognition to Torn Highsmith during his service yesterday. Page 6 Commissioner Hodges asked with a new member of the Governing Body, would it be a good idea to look at the Capital Improvement Project (CIP). Mr. Schrage stated that he looked at a draft today that was intended for an action item but the discussion could be a study session. t2 Z (9.1) Request for executive session(legal). LUa I move the city commission recess into executive session for _ :minutes to discuss y the subject of the City's claim arising from the detection, isolation, and cleanup of asbestos materials in the basement and basement stairwell of Fire Station No. 2 with special legal counsel, Ilene Munk, via telephone, 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 p.m. 20-0047 Moved by Commissioner Davis, seconded by Commissioner Ryan, to recess into executive session for 25 minutes to discuss the subject of the City's claim arising from the detection, isolation, and cleanup of asbestos materials in the basement and basement stairwell of Fire Station No. 2 with special legal counsel, Ilene Munk, via telephone, 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 7:10 p.m. with a five (5) minute break preceding.Aye: (5). Nay: (0). Motion carried. The City Commission recessed for a five (5) minute break at 6:40 p.m. and recessed into executive session at 6:45 p.m. and reconvened at 7:10 p.m. No action was taken. Also present in executive session: Mike Schrage, City Manager; and Jacob Wood, Deputy City Manager;Greg Bengtson,City Attorney. (9.3) Request for executive session(trade secrets). I move the city commission recess into executive session for minutes to discuss I 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. 20-0048 Moved by Commissioner Davis, seconded by Commissioner Hodges, to recess into executive session for 25 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 7:40 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:15 p.m. and reconvened at 7:40 p.m. No action was taken. Also present in executive session: Tim Rogers, Airport Authority Executive Director; Mitch Robinson, Salina Community Economic Development Organization, Inc. Executive Director; Mike Schrage, City Manager; and Jacob Wood, Deputy City Manager, Greg Bengtson,City Attorney. (9.2) Request for executive session(legal). Page 7 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. 20-0049 Moved by Commissioner Davis, seconded by Connnissioner Hodges, to recess into executive session for 33 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 8:15 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:42 p.m. and reconvened at 8:15 p.m. No action was taken. Also present in executive session: Mike Schrage, City Manager; and Jacob Wood, Deputy City Manager; Greg Bengtson,City Attorney. 20-0050 Moved by Commissioner Davis,seconded by Commissioner Franz,to recess into executive session for 13 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 8:30 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 8:17 p.m. and reconvened at 8:30 p.m.No action was taken. Also present in executive session: Mike Schrage, City Manager; and Jacob Wood, Deputy City Manager;Greg Bengtson,City Attorney. ADJOURNMENT 20-0051 Moved by Commissioner Ryan, seconded by Commissioner Franz, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 8:30 p.m. [SEAL] Michael L. Hoppo ,Mayor ATTEST: Shandi Wicks,CMC, City Clerk Page 8