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07-20-2020 Minutes CITY OF SALINA,KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS July 20,2020 4:00 p.m. The City Commission convened at 3:00 p.m. for Budget: Review 2021 Draft Budget and at 3:45 p.m. for Citizens Forum at City-County Building, Room 107. 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; Greg Bengtson, City Attorney; and Cheryl Mermis, Deputy City Clerk. AWARDS AND PROCLAMATIONS None. CITIZENS FORUM Brian Frazer, Salina, President of the local chapter of the NAACP, stated his support of the Sunflower Coalition, and read a prepared and joint statement from the President of the National NAACP. Clark Sanders, Salina, read a guidance issued by Secretary of State, Scott Schwab regarding face masks and voting. Mr. Sanders requested that the Commissioners add a face mask exemption from polling places. Laneya Meyer,Salina,supports the face mask ordinance. Norman Mannel, Salina, spoke on freedom of speech and the mask issue. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of July 13, 2020. (6.2) Approve Resolution No. 20-7846 appointing members to the Saline County Community Corrections Advisory Board. 20-0225 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION Page 1 (7.1) Resolution No. 20-7849 authorizing the staff to submit an application on behalf of eligible local sub-agencies for the 2020 Kansas Emergency Solutions Grant- Coronavirus Program(ESG-CV-2020). Lauren Driscoll, Director of Community & Development Services, explained the program, application process,funding,fiscal impact, and action options. Commissioner Hodges asked about application restrictions. Ms. Driscoll stated that the State of Kansas distributed the funds and allows municipalities to distribute accordingly. Commissioner Hodges asked about individual applicants, if funding was available for landlords or tenants that may be behind on rent. Ms. Driscoll stated there were very specific areas the grant addresses: street outreach to the homeless, emergency shelter which were different than chronic homelessness or an individual seeking housing, emergency shelter, rapid rehousing and Homeless Management Information System (HMIS)-a database management system. Commissioner Hodges asked if the Housing Authority applied for funding. Ms. Driscoll stated no, the Housing Authority's focus was more long-term placement, that agency did not qualify because several programs receive federal funding, there were no provisions for overlap. Commissioner Hodges asked if Salina Journal's publication deadlines create difficulty for grant submissions and if other options for publication were available. Ms. Driscoll stated that for this particular grant there were no publication requirements but staff was following last year's directive, to make sure the public was made aware that monies were available and provide information on how to apply. Michael Schrage, City Manager, stated that there was no publication requirement for this particular situation but City staff did so voluntarily. Mr. Schrage further stated that staff will continue to use social media and the City's website to get the word out but in many instances publication in the Salina Journal was a required element for publication. Commissioner Franz asked if submitting grant applications through the U.S. Mail/certified return receipt, on an application deadline, would be acceptable by the granting authority. Ms. Driscoll responded yes. 20-0226 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to adopt Resolution No. 20- 7849 authorizing the staff to submit an application on behalf of eligible local sub-agencies for the 2020 Kansas Emergency Solutions Grant-Coronavirus Program (ESG-CV-2020). Aye: (5). Nay: (0). Motion carried. (7.2) Resolution No. 20-7850 expressing intent to apply for and accept funds from the Coronavirus Relief Fund. Jacob Wood, Deputy City Manager, explained the funds, eligible expenses, fiscal impact and action options. Michael Schrage, City Manager further stated that this first round was for expenses incurred to-date and that there would be an opportunity to apply for anticipated expenses through year-end. Mayor Hoppock wanted confirmation that it was just expenses and not loss of income. Mr. Wood stated yes. Page 2 Mayor Hoppock asked about funding for the Salina Public Library. Mr. Wood stated that after July 24, 2020 it would be opened up to a broader audience and that the $11 million dollars would have to be allocated or returned to the State by August 15,2020. Michael Schrage, City Manager stated that while the Airport Authority, Housing Authority and the Library Board all had a relationship with the City, staff felt it more appropriate that those entities apply independently rather than under the City umbrella because there were not enough linkage or oversight for what was applied and accountability on expenditure of those funds. Commissioner Hodges asked if those entities would be able to apply in the next round. Mr. Schrage stated yes. Commissioner Hodges stated that she had received a public request for consideration, for mask distribution to people who could not afford or have access to masks, if funds were available. Cheryl Harp, Salina, stated that she personally knows friends and family members who were reusing masks and asked if any funds or masks would be allocated to nursing home workers. Mr. Wood stated that there may be some funds set aside for public health agencies and that he would look in to that. 20-0227 Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Resolution No. 20- 7850 expressing intent to apply for and accept funds from the Coronavirus Relief Fund. Aye: (5). Nay: (0). Motion carried. (7.3) Consider additional authorization to complete the 2019 Mill and Inlay project (Project No. 90014). Jim Kowach, Director of Public Works, explained the project, request, fiscal impact and action options. Commissioner Hodges wanted assurance that regrading manholes and valves to create a smoother ride was factored in the cost of a project. Mr. Kowach responded that current resurfacing projects have manhole adjustments included in the cost. Commissioner Hodges asked about the ongoing projects (Ohio St) and if those will be taken care of as the project was completed. Mr. Kowach responded yes. 20-0228 Moved by Commissioner Ryan, seconded by Commissioner Franz, to authorize an additional $31,320.40 to complete 2019 Mill and Inlay project, Project No. 90014. Aye: (5). Nay: (0). Motion carried. (7.4) Resolution No. 20-7842 adopting the Kansas Homeland Security Region F Hazard Mitigation Plan. Michael Schrage, City Manager, briefly explained the request and introduced Michelle Barkley, Director, Saline County Emergency Management. Ms. Barkley explained the plan and presented a plan breakdown. Mayor Hoppock asked how often the plan is reviewed or revised. Ms. Barkley stated every four years. Mr. Schrage explained the fiscal impact and action options and deferred to Ms. Barkley to respond to a hypothetical scenario if the City chose not to adopt the resolution. Ms. Page 3 Barkley stated it would have no impact on the region, the City would be held liable for any loss of life due to flooding and no Federal money would be available to the City. L20-0229 Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Resolution No. 20- 7842 adopting the Kansas Homeland Security Region F Hazard Mitigation Plan. Aye: (5). Nay: (0). Motion carried. (7.5) Sunflower Coalition Presentation. Michael Schrage, City Manager, provided a brief overview and introduced Luke Stanford and Santiago Vasquez with the Sunflower Coalition. Mr. Stanford and Mr. Vasquez explained the proposal. Commissioner Davis stated that some of the suggestions presented by the Sunflower Coalition (S.C.) go beyond review, advising and setting policy with respect to authority, punitive and personnel actions, with capability to approach City Commission and bypass the Police Chief. Commissioner Davis further stated that the S.C. proposal was more descriptive of an elected police commission which had much broader duties which was much different than a review board and asked Mr. Vasquez which model the group was proposing. Mr. Vasquez responded that he believed there were review boards in other nearby municipalities that had the ability to overstep the police chief if the review board's recommendations were ignored. Mr. Vasquez stated that the S.C. would like to see the City Commissioners develop a Citizen's Review Board (CRB) within city government, setting policy, giving a CRB the ability to enforce recommendations. Commissioner Davis asked Mr. Vasquez if the S.C. had any data on use of the APC within the Salina Police Department (SPD) and his opinion of the Commissioners setting policy for oversight on any requested equipment from the 1033-Program verses banning any acquisitions from that program. Mr.Vasquez stated that the S.C.'s position that banning the use of the 1033-Program would greatly outweigh any possible negative consequences. Commissioner Hodges stated that she appreciated all the research and work that the S.C. had done presenting the information and submitting the proposal; thanked the S.C. for providing the Commissioners a place to start the deliberation. Commissioner Ryan asked if a membership list of the S.C. was available and how did the group acquire the expertise for the subject matter. Mr. Vasquez stated membership consisted of 30 active members, the S.C. did not reveal personal information on membership for safety reasons; some members had experience on collegiate level that helped to review policies and present a set of guidelines that a lot of communities were interested in implementing. Commissioner Ryan thanked Mr. Vasquez and commended the efforts of the S.C. Commissioner Franz stated the proposal was clear and understandable and greatly appreciated all the work that went in to the proposal by the S.C. Mayor Hoppock thanked the S.C. for providing a good platform to work from and stated that the priority of the City Commissioners were protecting the citizens of Salina. The Commissioners would ask staff to work on several things and schedule study sessions. Commissioner Hodges stated her appreciation of the S.C.'s dedication in attending multiple meetings and presenting proposed solutions to highlighted issues with the Salina/Saline County Law Enforcement Advisory Board (SCLEAB). Page 4 Commissioner Franz made a procedural suggestion to open the floor for public comment. Mr. Vasquez stated that the S.C. group wanted to ensure that the proposal was reviewed and considered for future restructuring of the SCLEAB. Jack Hinnenkamp, Salina, thanked the City Commissioners for taking the time to allow time for public comment and appreciated the S.C. for submitting the proposal. Mr. Hinnenkamp provided his comments on the S.C.'s proposal to eliminate the use of the 1033-Program and offered to send the Commissioners his other thoughts that he had documented in written form. Dalton McDowell,Salina, stated his support for the S.C. but did not favor the elimination of the Armored Personnel Carrier (APC) already in use at the SPD. Miranda Bachman, Salina, provided her thoughts on the APC vehicle and the SPD budget and purchase authority. Joel Wimer, Salina, current member of the Salina/Saline County Law Enforcement Advisory Board (SCLEAB) and member of the Salina Police Department Excellence Board made a statement in response to the public criticisms, directed towards him at past City Commission Meetings. Theresa Hernandez, Salina, former member of the SCLEAB, thanked Mr. Wimer for his statement and provided her difference of opinion to identify and select committee members to the SCLEAB. Ms. Hernandez provided her suggestions on restructuring of the current SCLEAB. Carol Reed, Salina, commended the S.C. on their proposal and asked whether that group hds met with the Salina Police Chief. Luke Stanford responded that the S.C. was planning to try to set an appointment with Police Chief Nelson to get his thoughts on the S.C. proposal. Ms. Reed provided her suggestions for open communications with S.C. from the City Commissioners,SCLEAB and the SPD. Norman Mannel, Salina, asked if the City Commissioners were prepared to set a timeline for a study session or implementing changes. Sandra Beverly, Salina, stated she had been aware of the discussions that led to the formation of the S.C. and provided her comments on the issues that have been presented. Mayor Hoppock asked the public members in attendance to refrain from clapping or booing. Commissioner Davis, asked for a correction to the record pertaining to the individual that she identified in her comment, stated that Ms. Beverly was referring to Mr. Wimer but named Mr. Hinnenkamp. Ms. Beverly apologized for not accurately recognizing the proper person. Carolyn Peterson, Salina, commended the S.C. for their hard work on their presentation and proposal to the City Commissioners. Ms. Peterson stated her support for the SPD. Sam Marcotte,Salina,stated his support of a CRB on the SPD. Bart Allen, Salina, stated his support for the S.C. and asked that the City Commissioners take the advice of the group. Robert Bester, Salina, stated he was a member of the S.C. and provided his comments on the groups' membership need for anonymity. Mr. Bester also suggested that reallocating Page 5 money currently used for acquisitions from the 1033-Program be directed toward the implementation of the CRB. Luke Stanford,Salina, stated he was proud of the policy the S.C. has presented and pleased with the citizen engagement, with the broad spectrum of opinions that have been brought about with the issues raised and his hopes that the City Commissioners take all of citizen's views in consideration. Jerry Ivey, Salina, stated his support of Chief Nelson and the SPD. Sara George, Salina, member of the Salina Police Department Excellence Board stated she had been in attendance at the previous commission meetings and was aware of S.C.'s statements and policy proposals from some of its members. Ms. George provided her thoughts on a poorly funded, poorly training and ill-equipped police department. Ms. George was asking the City Commissioners to delay setting up an entirely new citizen's review board and asked that the Commission publicly support the SPD. Phil Black,Salina, stated his support for the S.C. Joe Hay, Salina, supports the SCLEAB, thanked Chief Nelson and the SPD for doing a great job. Blaze Johnson, Salina, stated the S.C.'s proposal for the review board was not implying that Chief Nelson and the SPD were doing a bad job, but the problems the S.C. was talking about was occurring in America and was systemic. Ilenia Schoval, Salina, stated the S.C. was formed in early June 2020 in response to the tragic death of George Floyd. Ms. Schoval read the S.C. mission statement and stated there was no membership listing available for safety reasons and no donations are accepted, more information is available on the groups' Facebook page, Instagram, and TicToc. Santiago Vasquez, Salina, stated he and the S.C. would continue to defend the proposals presented. Mr. Vasquez provided his thoughts on the need to replace the SCELAB with the CRB and discontinue acquisitions from the 1033-Program. Mayor Hoppock stated that the City Commissioners will not be making any decisions at this time. A conversation ensued about restructuring of the SCLEAB and how the City would proceed since the current review board was formed as a joint venture with the City and County. Legal counsel indicated that if there was a change to occur that statute would dictate how that would happen. Commissioner Franz thanked all volunteers who serve both past and present on the SCLEAB, created in 2007 under the auspices of the Police Chief and Sheriff, at that time; thirteen years later expectations have changed regarding the Board's role and structure. City staff has been tasked with developing and presenting to the City Commission a proposal that addresses current expectations, role, transparency and accountability. Commissioner Franz stated his appreciation for the Sunflower Coalition's hard work and well written proposal. Commissioner Hodges stated every person brings a different perspective on the issues presented; she stated her appreciation for SPD's willingness to address citizen's comments. Commissioner Hodges personally thanked, Carolyn Peterson, James Talley, Andrew Couch, Bryce Jones,Steven Pappy, and speakers at the Kansas Wesleyan Citizen's Forum as Page 6 well as Miranda Bachman, and members of the Sunflower Coalition. Commissioner Davis stated that he would like to identify the scope of a new review board or an actual police commission, defining chain of command, membership, transparency, managing conflicts of interest,and oversight on donations to the Police Excellence Fund. A conversation ensued on how to keep the conversation moving forward. Michael Schrage, City Manager stated he understood the urgency but staff would need some time to review all the material, identify options, work with the Sunflower Coalition and suggested that study sessions would be the best format to report back to the City Commissioners. Commissioners and Staff were targeting for early September to schedule a study session. DEVELOPMENT BUSINESS (8.1) Resolution No. 20-7847 authorizing the Mayor to execute a Sidewalk Café License Agreement with Dagney's Ice Cream, LLC authoring the placement and construction of an outdoor sidewalk dining area on the sidewalk in front of Dagney's Ice Cream at 105 E. Iron Avenue. Dean Andrew, Director of Planning, explained the application requirements, review process, application proposal, the fixtures and furnishings, Design Review Board recommendation and action options. Commissioner Davis asked if there was enough sidewalk clearance with the benches already in place and the proposed new table and chairs, Mr. Andrew responded yes, there would be a path of travel in the area with the existing benches. Commissioner Davis asked about public access to the table/chairs and benches after-hours, Mr. Andrew stated that the existing benches and proposed table/chairs are on the public right-of-way and did not believe the business could limit seating; nothing will be taken in at night. Commissioner Franz stated that an action item comment mentioned a concern about anchor bolts and the ability to dissemble without damage to concrete. Mr. Andrew, stated the bolts that were proposed had been reviewed and approved by the Public Works Department. Ken Stromberg, stated that the stainless steel bolts have been approved were corrosion resistant, would not breakdown with chlorine or salt, could be ground down flush and are the same fasteners used on other Downtown fixtures. Mr. Stromberg stated there would be no restrictions for public use of the benches, tables and chairs and with regards to distance and spacing, there was plenty of room for the six foot distance in all locations. Commissioner Ryan asked about the umbrella use, Mr. Stromberg stated that they would be removed in inclement weather and brought in at night. Norman Manuel, provided his comments on public verses private property and the use of public property for profit. Mayor Hoppock thanked Mr. Stromberg and his wife Dagney, for the exterior improvements made to the building, stating it looked great and was a real asset for the City. Mr. Andrew stated that the face of the building was on the property line, the benches, and proposed table/chairs were in the public right-of-way. Page 7 20-0230 Moved by Commissioner Ryan seconded by Commissioner Hodges, to adopt Resolution No. 20- 7847 authorizing the Mayor to execute a Sidewalk Café License Agreement with Dagney's Ice Cream, LLC authoring the placement and construction of an outdoor sidewalk dining area on the sidewalk in front of Dagney's Ice Cream at 105 E. Iron Avenue. Aye: (5). Nay: (0). Motion carried. 2 (8.2) Resolution No. 20-7848 authorizing the Mayor to execute a Sidewalk Café License Agreement with DDR Concepts, LLC authoring the placement and construction of an outdoor sidewalk dining area on the sidewalk in front of Martinelli's restaurant 0 at 158 S. Santa Fe Avenue. U Dean Andrew, Director of Planning, explained the application requirements, review process, application proposal, the fixtures and furnishings, Design Review Board recommendation and action options. 20-0231 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to adopt Resolution No. 20- 20-7848 authorizing the Mayor to execute a Sidewalk Café License Agreement with DDR Concepts, LLC authoring the placement and construction of an outdoor sidewalk dining area on the sidewalk in front of Martinelli's restaurant at 158 S. Santa Fe Avenue. Aye: (5). Nay: (0). Motion carried. (8.3) First reading Ordinance No. 20-11024 amending Chapter 35 of the City Code by adding a new Article XIV to Chapter 35, establishing standards for the construction, maintenance and modification of small cell wireless facilities in the public right-of- way and repealing Section 42-70 of the Salina Code. Dean Andrew, Director of Planning, explained small cell networks, current franchise agreements, 2014 ordinance, fees, recent FCC and Legislative actions, staff recommendation, Planning Commission recommendation and action options. Mr. Andrew also discussed that he and Mr. Martin, legal counsel, responded to the concerns of US Cellular and they have been resolved to their satisfaction. Commissioner Ryan asked if there could be several providers each with their own systems. Mr. Andrew stated that historically state law and FCC rules forced co-location and we have required towers to be built for co-location. He continued to state the state legislature and FCC have since taken away the city's ability to require co-location. Commission Ryan asked if you could get two of these in your front yard. Mr. Andrew responded that there were spacing requirements. He also stated that companies were not interested in co-location or cooperation but were interested in establishing their own networks. Mayor Hoppock asked if this agreement would have any effect on the East Crawford towers. Mr. Andrew responded it did not have any impact on those towers and that they provide coverage to a broad area and they were primarily used for voice transmission for cell phone calls. He continued by stating the 5G network was for data transmission. Mayor Hoppock asked how many of those would we have for a city the size of Salina within the city limits. Mr. Andrew responded that we had a pre-application meeting with US Cellular and they had about twenty five locations identified. Michael Schrage, City Manager, stated this was an ongoing discussion and it was considered an essential service by the Federal Government. Commissioner Davis asked who would be an arbitrator if there was a dispute as far as Page 8 location or some other dispute. Mr. Andrew stated that if they could show it was not feasible to locate on an existing pole, they could propose a new location. He continued to state that staff would then review the location and Westar,now Evergy,was not required to allow placement on their poles but in the past had worked with them and had pole attachment agreements. He further stated W since they had been bought out and merged it was unknown if they would be equally receptive. ro Commissioner Davis asked if you weren't able to come to an agreement, who decides if the pole was placed where it was wanted. Mr. Andrew stated that currently he was the staff person that would review these, and if denied we would see what happened. Michael Schrage, City Manager stated that the City could end up in court. Aaron Martin, legal counsel, stated that there was pre-emption at the federal and state level in this area. He continued to state the most direct pre-emption on that topic would be the state statutory pre-emption that prohibits cities from evaluating an application based on the availability of other locations. He further continued to state the current framework under the zoning code that would be repealed by this was that the City is in the driver's seat as far as proposing alternative locations, evaluating locations and suggesting alternate locations. He lastly stated under the current state and federal framework, the City has very limited ability to say no at a particular location unless it is pursuant to the objective criteria in this ordinance or in the case of public safety and welfare problem with the location. Commissioner Davis asked if the City were to not approve a particular location, could the utility company still put it there; for example in front of a building with sentimental importance. Mr. Martin stated there were some criteria in the ordinance that would go to that issue, for example, in a residential neighborhood a new pole must be placed at the lot line rather than in front of the property. He continued to state in a non-residential area a pole or small cell facilities could not obstruct access to the building. Commissioner Davis asked if that was enforceable. Mr. Martin replied that it is an objective criteria that would be enforceable unless a provider could demonstrate that it was the only location in the world that would work for their service. 20-0232 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to pass Ordinance No. 20- 11024 amending Chapter 35 of the City Code by adding a new Article XIV to Chapter 35, establishing standards for the construction, maintenance and modification of small cell wireless facilities in the public right-of-way and repealing Section 42-70 of the Salina Code on first reading. Aye: (5). Nay: (0). Motion carried. Mayor Hoppock asked about the timing of the second reading. Mr. Andrew stated he would need time to identify changes pursuant to the conversation with US Cellular and would also be bringing the fee resolution. OTHER BUSINESS Mayor Hoppock recused himself due to a conflict of interest. Page 9 (9.1) Request for executive session (trade secrets). L 20-0233 Moved by Commissioner Davis, seconded by Commissioner Franz, to recess into executive session for 25 minutes 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 8:00 p.m. Aye: (4). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:35 p.m. and reconvened at 8:00 p.m. Also present in executive session: Mitch Robinson, Salina Community Economic Development Organization, Inc. Director; Mike Schrage, City Manager; Greg Bengtson, City Attorney. Vice-Mayor Hodges reconvened the meeting in open session at 8:00 p.m. No action taken. Mayor Hoppock returned. (9.2) Request for executive session (legal). 20-0234 Moved by Commissioner Davis, seconded by Commissioner Hodges, to recess into executive session for 30 minutes to discuss with legal counsel the subject of the legal considerations relating to final points of negotiation relating to the Expo Center lease, 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. 75-4319(b)(2). The open meeting will resume in this room at 8:32 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 8:02 p.m. and reconvened at 8:33 p.m. No action was taken. Also present in executive session: Mike Schrage, City Manager; Greg Bengtson, City Attorney. ADJOURNMENT 20-0235 Moved by Commissioner Ryan, 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 8:34p.m. [SEAL] icha L. H..p.c ayor A TEST: Cheryl rmis, �, eDeputy City Clerk Page 10