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06-15-2020 Minutes CITY OF SALINA,KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS June 15,2020 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. U 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) The day of June 19, 2020 as a day to celebrate Juneteenth in Salina. Tiana Marion, Salina South Debate Team Member read the proclamation. Mayor Hoppock asked if there were any events planned; Ms. Marion stated she wasn't aware of anything specific. Commissioner Hodges said she knew that the local chapter of the NAACP will host a Juneteenth event on Thursday,June 18, 2020 from 11:00 am-4:00 pm,in a barn located at 1905 E. Iron, Salina. CITIZENS FORUM Laneya Meyer, Salina, relayed to the Commissioners that she appreciated their willingness to have a citizen's forum and having meetings at special times, allowing for more community involvement. She stated that she was concerned about transparency from all City departments but focused on the police departments' interview process regarding the hiring of police officers and would like to know more about the City's criteria for placement of law enforcement officers. Dean Hanson, Tyler Sartain, Santiago Vasquez, Maxwell Brocktally, Luke Stanford, of Salina, spoke on the need for continued discussions with local leaders, advocating for improvement to law enforcement policies. This group spoke on the need for reform on transparency, accountability and unbiased oversight with regards to the SPD; discussions related to the nation-wide movement for change, sparked by the tragic death of George Floyd,by police in Minnesota. Joel Weimer, Salina, chairman of the Salina/Saline County Law Enforcement Advisory Board and wanted to assure the Commissioners that there is a cohesive, multicultural, multiethnic oversight committee already in place that was established in 2007,which meets every two months, to review citizen complaints filed against local law enforcement. As spokesman for the law enforcement advisory board, Mr. Weimer expressed the Boards' willingness to be part of the ongoing discussions. Miranda Bachman, Salina, presented a proposal for the City Commissioners to consider; utilizing unused city property close to Oakdale Park to establish a community public square where peaceful gatherings can occur,to celebrate diversity. Page 1 Tiana Marion, Salina, asked the Commissioners to ban the Salina Police Department from further procurement of decommissioned military property from the 10-33 Program and stated that the Salina Police Department acquired an armored vehicle from the U.S. Department of Defense. Ms. Marion asked the Commissioners to help stop the militarization of law enforcement by banning the SPD from further purchases from the 10- 33 Program, which would send a clear message to the public, that it is not okay to use excessive force against citizens. Joan Ratzlaff,Salina, transparency of most city offices;with timely responses to open record requests and the nominal fees charged and asked the City Commission to review the police department's cost recovery fees for open records requests and the time parameters in place, by that department. Sergio Correa, Lyle Riffel, Hernan Hernandez, all of Salina and Mark Martin of McPherson County, asked the Commissioners' to re-evaluate cutting the soccer program and expressed their disappointment that the current soccer fields were not maintained. Mayor Hoppock stated that city-wide budget cuts occurred due to COVID-19 and that a private group representing baseball and softball came forward to volunteer their services, to help maintain the baseball fields and assist with the games and tournaments which allowed for baseball and softball to start up. To help facilitate a discussion with the soccer group, City Manager, Michael Schrage shared contact information for the Director of Parks and Recreation. Debra Corrales and Tyler Sartain, Salina, asked the City Commission to consider amendments to (BSL) breed-specific legislation; a law that bans or restricts certain types of dogs based on their appearance, usually because they are perceived as "dangerous" and to put a stop to visual identification and begin DNA testing for canines. Mayor Hoppock thanked all individuals for their time and comments. Mayor Hoppock stated the City Commission and staff had been discussing how to move forward. He continued to state the City Commission and staff realize that we need to discuss the training, the accountability, the enforcement of our Police Department and mentioned that there was a lot the City Commission needed to learn. He further stated the City Commission was working with Michael Schrage, City Manager, on holding public meetings after 5:00 p.m. or 6:00 p.m. to allow more individuals the opportunity to attend. Michael Schrage, City Manager, stated both he and Chief Nelson had reached out to community leaders and stakeholders trying to get then input on what he called listening sessions. He continued to state there were a couple avenues and one (1) would be a listening session to hear about what the issues were in the community and give citizens an opportunity to share their stores and emphasize to leaders in the community the Salina experience. He continued to state to some of the points that were being made, we can't say that it's happening elsewhere and not in Salina. He further stated it had been stated the listening sessions should be more than just the Chief of Police, the City Manager or even the Mayor, it would extend to other leaders and organizations, businesses in the community. He continued to state staff was trying to facilitate that and try to find a group that could put that together as well as a venue and a schedule. He lastly stated the 8 Can't Wait was one example, but staff was also trying to review and inventory various examples of guidance or suggestions about various policies and those type of documents may be some talking points for a study session as well. Mr. Schrage continued to state there were three (3) things going on: (1) multiple listening sessions; (2) review of recommendations Page 2 and (3) reporting out to you the current practices and where there might be opportunities for changes in improvement. Commissioner Hodges asked the Governing Body what they would like to see for getting some of the listening sessions underway. She continued to provide her thoughts on the Z involvement of other leaders and organizations and suggested the 5th Monday in June (June . 29th) as a first meeting at like 7:00 p.m. m c ul Commissioner Franz thanked the citizens that provided their comments today and continued to provide his thoughts on setting up a meeting and the importance of capturing the comments of the citizens both tonight and at those meetings. He continued to state he 0 would like to receive information on the law enforcement advisory board including the role of the board, appointment of members, meeting minutes, mission statement, types of complaints heard by the board, current membership, and if the meetings were open to the public and advertised. He continued to provide his thoughts on the finding out what needed to be addressed and realizing that change would require hard work. Commissioner Davis stated he liked having a specific target date and continued to provide his thoughts on changing the culture and the need to involve the entire community. He continued by providing a list of keywords he took from the comments today: screening, training, transparency, oversight, consequences, community culture, communication, complaint process and the law enforcement board. Mayor Hoppock asked staff if June 29th was workable for staff. Mr. Schrage stated it was a city organized and lead activity he thought that was doable. Mayor Hoppock also stated L the City Commission needed to be more educated on the 1033 program and if the law enforcement advisory board was being used to its fullest potential. He continued to state there was a lot of educating ourselves that need to be done before we move forward and can even help with the discussion. He continued to state he would like use to have some type of community gathering on the 29th at all possible and would like to see that done after 5:00 p.m.,in the 6:00 p.m. timeframe to allow citizens to attend. Mr. Schrage stated yet this week, we would know the mass gathering limitations to help figure out the format but at the moment thought it was doable. Commissioner Franz asked if we shoot for the 29th, could the City Commission get a preview of how the meeting would be organized and what the agenda might incorporate. Mr. Schrage stated he could try. A conversation ensued between the City Commission and Mr. Schrage regarding the format of the meeting and what should be included. Mayor Hoppock provided his thoughts on the performance of the Police Department and the citizens that participated in the peaceful protests. Commissioner Davis asked what type of time table staff would need to consider a proposal for a peace plaza. Mr. Schrage stated it was more of a function of getting specifics and that was a conversation that staff needed to have with Ms. Bachman and whoever else next week. He continued to state that staff could bring something back by July 6th but would need to know what the City Commission would like to see after the meeting. L20-0188 Moved by Commissioner Davis, seconded by Commissioner Ryan, to ask staff to meet with Ms. Bachman regarding a proposed Salina's Know Justice-Know Peace Plaza and report back to the City Commission,if it seems to be a feasible idea. Aye: (5). Nay: (0). Motion carried. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME Page 3 None. CONSENT AGENDA (6.1) Approve the minutes of June 8,2020. 20-089 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Resolution No. 20-7838 authorizing the City Manager to execute a four and one-half U (4.5) year agricultural lease agreement with Lance Nelson for the agricultural portion of the Salina Municipal Solid Waste Landfill property. Dan Stack, City Engineer, explained location, agreement, bids received, fiscal impact and action options. Commissioner Ryan asked if the City was required to accept the higher bid offer. Mr. Stack replied not necessarily and stated you take into account the competitive price, lowest and best bid but stated in this case, it would be the highest and best bid taking into consideration any factors relevant to the furtherance of the public interest. Commissioner Ryan asked how much of a dollar difference was between the 43% and 45%. Michael Schrage, City Manager, stated he calculated $1300.00, which was nominal. Commissioner Franz also stated it was around $1300.00. Mr. Schrage stated if the Governing Body wanted to choose something other than the higher of the two (2) bids, the Governing Body would need to be on record choosing to do so. He continued to state that staff mentioned that we had to put the lease up for bid and he would take full responsibility for making that call. He further stated that even though Mr. Swenson had farmed the property for a long time and was interested in continuing, he felt an obligation from a competitive practices and fiduciary responsibilities standpoint to seek competitive bids. He also stated that he had received questions on the percentage format and stated the format tried to factor in the fluctuations in the market rather than try to lock in some dollar mark amount that might be difficult for a farmer to commit to over time. Commissioner Franz provided his thoughts on the format of the agreement and some risk on the City if the crop did not perform well. He continued by asking if in the case of a crop being hailed out, did the contract contemplate the City getting a portion of the same percentage of insurance. Mayor Hoppock stated the staff report mentioned the City getting the same percentage of the insurance amount. Mr. Stack stated that was correct, the City had received portions of insurance payments periodically over the years. Mr. Schrage stated the difficultly when the bids were so close and the question becomes was one farmer more economical and their cost application more effective in growing a crop and it was a tight margin. Commissioner Ryan asked where Mr. Nelson farmed and where was his equipment. Mr. Stack stated he lived on Simpson Road but was not aware of where is equipment was stored. Commissioner Ryan stated that he was aware that Mr. Swenson was right there. Mr. Stack stated that Mr. Swenson was definitely closer in proximity to the land area. Commissioner Ryan continued to provide information on his past experience with non- profits and individuals that received benefits from farmers working their land through long-term contracts and the farmers that work the land, know the land, the payments were Page 4 consistent and they were stewards of the land because they take care of it. He continued to state his concern was that Lance Nelson worked for the City of Salina before and we were moving away from something known to something unknown. Mayor Hoppock asked if in the proposals, the bidders mention what types of crops would be planted on the ground. Mr. Stack stated no but typically the farmer would rotate milo, wheat, soybeans. Mayor Hoppock asked if either bidder discussed double cropping. Mr. Stack stated no. Mayor Hoppock asked if the Swensons' yields were above or below average. He continued by stating his concern was that the 45% to 43% would make some difference and the variation in the yields. He continued by asking if staff had been satisfied with the Swensons' and with their farming of the ground and keeping the ground up. Commissioner Davis asked if a new farmer chose to go with a different approach requiring more equipment, more expense, do they end up not getting the yield in the first year and negating the 2%. Mr. Stack stated there were a lot of variables with this approach. Mr. Schrage asked if the question was if there was an upfront expense or investment in year one. Commissioner Davis stated yes and asked if there were any other hidden expenses assuming those acres that was not written in the staff report or contract or would show up in the bottom line. Mayor Hoppock stated the only things that the City paid for was the expense,fertilizer,herbicides and crop insurance. Mr. Stack stated that was correct. A conversation ensued between the City Commission regarding the bids received, the farming of the fields in the past, the competitive bidding process and the best option to go with. Mr. Stack asked if the City Commission needed additional information to make a decision. Mr. Schrage stated that he did not think any farmer could predict their yields every year. Commissioner Franz stated that staff mentioned another piece of farm land that was bid out recently and asked for the location of the land and what the bids amounts that were received. Mr. Stack stated it was bottom ground by the Wastewater Plant on Marymount Road farmed by Don Mattison and the bids at that time were 51.5% to 54%. A conversation ensued between the City Commission and Mr. Stack regarding the bids received, the winning bidder and the experience of the winning bidder. Mr. Stack stated that Dennis and Galen Swenson did bid 1% higher than the original contract. He continued to provide additional information on Lance Nelson. Commissioner Hodges asked if both bidders were notified that the City Commission was going to consider the item today. Mr. Stack stated yes. Commissioner Hodges stated that if either bidder wanted to be here today to make their case they could have done that. She continued to state she had not received any email correspondence from either party. She further continued to provide her thoughts on the bids received. Mr. Stack stated he had talked to both bidders and they were aware it was not a qualifications based selection and stated that staff could try to rebid the lease using that bidding process. He continued to explain how the qualifications based selection process worked and stated if the City Commission would like more information or to bid it a different,way that was an option. A conversation ensued between the City Commission on the best bidding option for this type of lease,the bids received, and the best option to select. Norman Manuel, Salina,provided his thoughts on the number of years for the contract and Page 5 if the farmers participate in the federal programs and urged staff to contact the local FSA office for information on the federal programs. Ken Reitz, Salina, provided his thoughts on the complications with federal programs, the various ways of farming,and the need for additional information to make a decision. Commissioner Franz provided his thoughts on the bids received, the money received and Mr. Reitz's comments. A conversation ensued between the City Commission and Mr. Schrage regarding the bids received, farming of the land, stewardship of the land and the best bidding option. 20-010 Moved by Commissioner Davis seconded by Commissioner Hodges, to adopt Resolution No. 20- 7838 authorizing the City Manager to execute a four and one-half (4.5) year agricultural lease agreement with Lance Nelson for the agricultural portion of the Salina Municipal Solid Waste Landfill property. Aye: (3). Nay: (2). Motion carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS Commissioner Davis asked for the plans that were made for the Magnolia soccer fields for the rest of the year as far as mowing. Mr. Schrage stated all of the facilities were on a reduced mowing schedule and he was not aware of the mowing schedule for that facility. He continued to state the speakers were probably correct, the grass was probably four and a half (4.5) or more inches tall and staff was aware of that. He continued to state that staff was not on a multiple times a week mowing schedule at this point and that impacts the ability to use of the facility for practice or fields. Commissioner Davis asked if there was other grass that could be exchanged for that. Mr. Schrage stated it was a function of staffing and the frequency of committing to mow whatever piece of property. He continued to state he made a note to discuss with staff on the possibility of mowing a smaller footprint of the facility to be used for practice. Mr. Schrage explained how soccer was organized, how tournaments were handled, the economic impact of soccer to the community versus baseball and softball. He continued to state the soccer desired more practice space to allow the teams to be competitive in other leagues and one compromise was to finding a smaller footprint to mow rather than mower the entire facility. A conversation ensued between the City Commission and Mr. Schrage regarding the height of the grass and other locations the City Commission would like to see maintained. Mayor Hoppock asked if the use of the fieldhouse over the winter could be addressed and the need to look at the finances the next couple months. Commissioner Ryan stated he thought that was the plan. Mr. Schrage stated staff hoped to have April sales tax at the end of this month and unless there was a reoccurrence, April should be the bottoming out of the economic activity. He continued to state he did now know how to predict the recovery. Mr. Schrage mentioned that the staff scheduling had prompted a lot of retirements and people gravitate that to being a cost savings but when you buy out the employee's vacation and sick leave, there was actually an increased expense for that duration. He continued to state while we look at the financial revenue we are also going to have to look at how well work sharing and other expense control has worked. Page 6 Commissioner Ryan stated that soccer fields seemed different to him than baseball fields and asked if there was a possibility to have volunteers mow the soccer facility. Mr. Schrage stated it may be a possibility and staff was working through a volunteer approach and staff was open to the possibility. He continued to state that he took down the names of the speakers to reach out to those individuals to try to work something out. Commissioner Franz mentioned that he received multiple emails before last week's N meeting regarding the area around Kenwood Cove and staff did get the worse of that knocked down before the meeting. He continued to state the City Commission and staff were going to continue to hear of locations that need to be addressed. Mr. Schrage stated when the health issued fade away, the financial reasons the City was doing this was going to linger and continue for some time and the significance of the service reductions. Commissioner Franz asked for a report on the flower project. Mr. Schrage stated he had statistics from the last weekend. Commissioner Franz stated if the project was not completed he would just like an update when it was completed. Commissioner Davis asked if a soccer organization wanted to contribute to mowing, did staff have an idea how much it would cost to mow the facility. Mr. Schrage stated he did not off the top of his head but staff could quantify the amount of time it took to mow the facility and the staff time to come up with the total. A conversation ensued between the City Commission and Mr. Schrage regarding the maintenance of the fields, setting the fields up for practice or play and working with a volunteer group. (9.1) Request for executive session(legal). I move the city commission recess into executive session for _ 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, and the City's 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. 75- 7319(b)(2). The open meeting will resume in this room at 6:28 p.m. 20-0191 Moved by Commissioner Davis, seconded by Commissioner Hodges, to recess into executive session for 20 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, and the City's 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. 75-7319(b)(2). The open meeting will resume in this room at 6:28 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:08 p.m. and reconvened at 6:28 p.m. No action was taken. Also present in executive session: Mike Schrage, City Manager; and Jacob Wood, Deputy City Manager; Greg Bengtson, Legal Counsel. ADJOURNMENT Page 7 20-0192 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 6:29 p.m. Z %/ 01/ [SEAL] Michael L. o.,:'ck,Mayor ATTEST: / , /, / Cheryl M f mis, puty City Clerk Page 8