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09-28-2020 Minutes CITY OF SALINA,KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS September 28,2020 4:00 p.m. W The City Commission convened at 2:30 p.m. for Major Capital Expenditures Update for Solid Waste Landfill 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 Hodge. Also present: Jacob Wood, Deputy City Manager; Greg Bengtson, City Attorney; and Cheryl Mermis, Deputy City Clerk. Michael Schrage, City Manager participated by telephone. Absent: Commissioner Karl Ryan. AWARDS AND PROCLAMATIONS (3.1) The month of October,2020 as "National Arts and Humanities Month" in the city of Salina. Brittany Willer,Chairman of the Salina Arts &Humanities Commission read the proclamation and announced associated events. CITIZENS FORUM Dalton McDowell, 514 S 9th St., Salina, shared his thoughts on a public posting by Commissioner Hodges. Commissioner Hodges stated she stood by her public comments which were posted to Facebook. Reverend Deloris Williamston, 635 Georgetown Ct, Salina, asked about a future public forum dates pertaining to the Sunflower Coalitions' proposals. Mayor Hoppock stated that some October dates had been sent out to the Commissioners regarding an evening meeting that would start at 6 or 7:00 p.m. Joan Ratzlaff,Salina, stated she wanted to follow-up on her e-mail that was sent to the City Commission regarding the face masks and social distancing ordinance. Jacob Wood, Deputy City Manager stated that he was the point of contact for citizens to lodge complaints and that he interacted with businesses in the community, to discuss those requirements. Mr. Wood further stated that staff did not anticipate the number of citizens that attended the study session held at the Tony's Event Pizza Center on 9/21/2020 and that future events would allow for more space for citizens to social distance and that masks would be required. Ken Krier, 2730 Deborah Dr., Salina, stated that he was present to provide input regarding the removal of covenants to the Holiday Resort Edition and inquired if the issue was going to be addressed in the meeting. Jacob Wood,Deputy City Manager stated that issue would be on the agenda in the next couple of weeks. Mr. Krier asked if notices would be sent out. Mr. Wood stated there was no requirement for notices to be sent. Mayor Hoppock stated meeting agendas were posted to the City's website on Thursdays, prior to a scheduled city Page 1 commission meeting. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME t0 None. Z CONSENT AGENDA (6.1) Approve the minutes of September 21,2020. 24-0315 Moved by Commissioner Davis, seconded by Commissioner Hodges, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION (7.1) Second reading Ordinance No. 20-11042 authorizing the execution of a Loan Agreement between the City of Salina, Kansas and the State of Kansas for the purpose of financing improvements to the City's water distribution system, (Kansas Public Water Supply Loan Fund Project No. 2997). Debbie Pack, Director of Finance and Administration, stated Commissioner Franz asked whether additional debt authorization for the project was required,at the last meeting. Ms. Pack indicated that she consulted with bond counsel, they advised it would be necessary if staff wanted the ability to a refund the loans with general obligation bonds or revenue bonds but it would not be necessary for this particular loan. L 20-0314 Moved by Commissioner Hodges, seconded by Commissioner Davis, to adopt Ordinance No. 20- 11042 authorizing the execution of a Loan Agreement between the City of Salina, Kansas and the State of Kansas for the purpose of financing improvements to the City's water distribution system, (Kansas Public Water Supply Loan Fund Project No. 2997) on second reading. A roll call vote was taken. Aye: (4) Davis,Franz,Hodges,Hoppock. Nay: (0). Motion carried. (7.2) First reading Ordinance No. 20-11043 authorizing and providing for a countywide public safety communications system and authorizing the issuance of Temporary Notes and/or General Obligation Bonds of the City to pay the costs thereof. Debbie Pack, Director of Finance& Administration,explained the project, fiscal impact and action options. Commissioner Franz stated his understanding, proposing the issue of $2.4 million dollars in bonds which included all closing costs and that there was $300,000.000 set aside for the project. Commissioner Franz asked if a better approach would be, to issue $2.1 million dollars in bonds and use the $300,000.00 up front, thereby lowering future debt service schedule. Ms. Pack stated that would be discussed in the next agenda item; the current agenda item was seeking authorization for the project total. 20-0315 Moved by Commissioner Davis, seconded by Commissioner Franz, to pass Ordinance No. 20- 11043 authorizing and providing for a countywide public safety communications system and authorizing the issuance of Temporary Notes and/or General Obligation Bonds of the City to pay the costs thereof on first reading. Aye: (4). Nay: (0). Motion carried. Debbie Pack, Director of Finance & Administration, stated that the City's financial advisor was scheduled to attend the meeting for the next agenda item but was not present at the time and made a request to delay the next agenda item,to later in the meeting. Page 2 L 20-0316 Commissioner Hodges, seconded by Commissioner Davis, to table agenda item 7.3 until the financial advisor could be present,. Aye: (4). Nay: (0). Motion carried. (7.4) Resolution No. 20-7876 authorizing staff to submit the Fiscal Sustainability Plan for Z the Wastewater Collection and Treatment System to the Kansas Department of W Health and Environment. ul Martha Tasker,Director of Utilities,explained the plan,fiscal impact and action options. t Mayor Hoppock noted that the report depicted that the Kanas Department of Health and 6, Environment (KDHE) reviewed and determined compliance. Ms. Tasker affirmed that KDHE had reviewed the entire plan, from proposed document through all the appendices submitted; Ms. Tasker wanted assurance that the project would met their requirements before it was brought before the Commission. Commissioner Franz commended staff, for their work managing the system with existing protocols; staff was able to assemble existing documentation utilized to manage the system, to comply with a new state requirement for a sustainability plan. 20-03r Moved by Commissioner Franz, seconded by Commissioner Hodges, to adopt Resolution No. 20- 7876 authorizing staff to submit the Fiscal Sustainability Plan for the Wastewater Collection and Treatment System to the Kansas Department of Health and Environment. Aye: (4). Nay: (0). Motion carried. L (7.5) Resolution 20-7875 reaffirming the Saline County Solid Waste Management Plan with addenda. Jim Teutsch, Operations Manager, explained the amendments to the plan and the action options. A discussion ensued between the City Commission and Mr. Teutsch regarding the role of the committee, 10-year planning cycle, discussed topics of single-use plastics and yard waste composting and the committees' role in those discussions. Commissioner Franz asked if the plan document was available on the City's website. Mr. Teutsch stated the document was extensive, uploaded years ago and to his knowledge, he believed that it was still posted. Phil Black, 815 Spruce St., Salina, announced that he was a member of the Solid Waste Committee and he was unclear on the role of committee members, stated city ordinance specified that no employees could be members of the committee but state statue allowed for anyone to be on the committee. Mr. Black further stated that he believed that the committee was responsible for determining the agenda, accountable for preparing and finalizing a solid waste management plan, conduct an annual review, and provide the City/County Commission a report. Mr. Black further stated that city staff had similar but broader roles; to provide a solid waste management plan, conduct an annual review, and hold a public hearing every five years. Mayor Hoppock asked staff to review the City's ordinance and State requirements, to determine if there were any conflicts. L20-0318 Moved by Commissioner Davis, seconded by Commissioner Hodges, to adopt Resolution No. 20- 7875 reaffirming the Saline County Solid Waste Management Plan with addenda for the required 2020 annual review. Aye: (4). Nay: (0). Motion carried. Page 3 20-031? Moved by Commissioner Hodges, seconded by Commissioner Davis to remove the tabled item (7.3). Aye: (4). Nay: (0). Motion carried. (7.3) General Obligation Bonds. (7.3a) Resolution No. 20-7880 authorizing the offering for sale of General Obligation Internal Improvement and Refunding Bonds,Series 2020-B of the City of Salina. (7.3b) First reading Ordinance No. 20-11041 authorizing the issuance and delivery of General Obligation Internal Improvement and Refunding Bonds, Series 2020-B. Debbie Pack, Director of Finance &Administration, explained the project, fiscal impact and action options. A discussion ensued between the City Commission and Ms. Pack regarding $300,000.00 that was collected in 2020;taxes levied in December or November 2019 that remained in the debt service fund which could only be applied to any debt service, reduce the cost of the current project, or reduce the funding proposal; and a suggestion made by Commissioner Franz in the earlier action item [7.2]. Commissioner Franz stated his personal preference would be to reduce the amount to be issued for the radio system from $2,440.000 to $2,140.000, using the money for its intended purpose,saving money down the road. David Arteberry, Stifel, Nicolaus & Company, stated the City was set to receive bids October 19th on the issue. Mayor Hoppock asked if there would be three separate bond issues. Mr. Arteberry stated the bond was structured in individual components; one for the quint, one for the breathing apparatus, and one for radios; for the refinancing piece, each individual component would have their own individual maturity schedule but would be combined into a single maturity schedule,when the bonds were sold. 20-0320 Moved by Commissioner Franz, seconded by Commissioner Hodges, to adopt Resolution No. 20- 7880 authorizing the offering for sale of General Obligation Internal Improvement and Refunding Bonds, Series 2020-B with the provision that the total funding amount be reduced by $300,000. Aye: (4). Nay: (0). Motion carried. 20-032: Moved by Commissioner Franz, seconded by Commissioner Hodges, to adopt on first reading Ordinance No. 20-11041 authorizing the issuance and delivery of general obligation internal improvement and refunding bonds Series 2020-B to fund the Emergency Radio Project, the Fire Equipment Project and refund the 2010-B bonds, 2012-A bonds and the 2014 KDHE loan conditioned that the total funding amount be reduced from the prosed amount by $300,000. Aye: (4). Nay: (0). Motion carried. (7.6) Consider purchase of survey equipment for the Solid Waste Division and consider Resolution No. 20-7881 authorizing the City Manager to execute a cost-sharing memorandum of understanding(MOU)with Saline County. Jim Kowach, Director of Public Works, explained the purchase, agreement, fiscal impact and action options. Page 4 Commissioner Franz noted that the equipment was not budgeted as a capital expense. Mr. Kowach stated that $61,000 was budgeted but due to the cuts earlier in the year it was eliminated from this year's budget. 2(5-0321 Moved by Commissioner Hodges, seconded by Commissioner Davis, to authorize the purchase of RTK/GNSS survey equipment for the Landfill in the amount of$32,039.00 and approve Resolution No. 20-7881 authorizing the City Manager to execute a cost-sharing memorandum of understanding(MOU)with Saline County. Aye: (4). Nay: (0). Motion carried. Jim Kowach, Director of Public Works, stated that the agenda item was his last formal action with the City of Salina, as he retired his position and will move to Nebraska. Mr. Kowach stated that Salina was a wonderful place to live and work; thanked the City Commission for the opportunity. Mayor Hoppock thanked Jim Kowach for his dedication and leadership during his tenure. Michael Schrage, City Manager, [participating by telephone] wanted to publically express his appreciation and recognize Mr. Kowach for his contributions to the City of Salina and the streetscape project. (7.7) Authorize the fire department to utilize sole source purchasing to purchase 5 Stryker Powerload Cot loading systems and 1 Stryker Power ProXT Cot. Kevin Royse,Fire Chief,explained the purchase,fiscal impact and action options. Commissioner Franz asked for clarification on the power cot loading system and whether it included the cots. Chief Royse stated that the track system, mounted in the floor of the ambulance would support cots already in use. Jacob Wood, Deputy City Manager, explained the City would make the purchase and submit documentation for reimbursement from the County. Mr. Wood further stated that the first round of CARES money of $905,000 was received from the County the previous week. 20-032 Moved by Commissioner Davis, seconded by Commissioner Hodges, to authorize the department to utilize sole source purchasing to purchase 5 Powerload cot loading systems and 1 Power ProXT Cot from Stryker Medical Corporation in the sum of $130,954.05. Aye: (4). Nay: (0). Motion carried. (7.8) First reading Ordinance No. 20-11039 amending and repealing certain sections of Chapter 25, Article I of the Salina Code by adopting the 2020 Uniform Public Offense Code for Kansas Cities. Christina Trocheck, City Prosecutor, explained the amendments, local amendments and action options. A discussion ensued between Commissioner Davis and Ms. Trocheck on the section pertaining to unlawful possession of marijuana [while under twenty-one (21) years of age] and completion of a treatment program. Commissioner Davis wanted clarification on the 2020 Uniform Public Offense Code for Kansas Cities (UPOC), Section 10.29 violation of a public health order, if the State issued a mandatory order and whether state law would replace what Section 10.29 would have provided for any violation. Ms.Trocheck stated yes. Page 5 A discussion ensued between Commissioner Hodges and Ms.Trocheck concerning citizens traveling from one state to another and through Kansas; the citizen had a legal prescription for medical marijuana from another state would be subject to the penalties under Kansas law regardless of any medical card issued by a state where marijuana was legal. Ms. Trocheck stated that the ordinance was referring to CBD oil which was allowed for medical treatment in Kansas.She continued to state CBD oil had a small amount of THC,in Kansas, u, the amount must be less than five percent. Commissioner Hodges asked if a law enforcement officers would be violating any HIPAA laws if they would make inquiry of a citizen, and that citizen's medical information. Ms. Trocheck stated that generally law enforcement was not subject to HIPAA requirements; the individual who claimed use of CBD oil for medicinal purposes, the onus was on the individual, to present a letter from their physician, which entitled that individual to use CBD oil in Kansas. Commissioner Hodges commended and thanked Ms. Trocheck for her presentation a few months back, at the Masonic Temple, explaining the diversions and treatment plans she had implemented,to keep citizens out of jail. A discussion ensued between the City Commission and Ms. Trocheck pertaining to section 10.29 violation of a public health order specific to face masks. Commissioner Franz questioned the justification for removing a substantial list of items and inquired whether removal was due to decreased staffing or increased workload in the court system. Ms. Trocheck stated that the court had never prosecuted the particular offenses depicted, it had been within the last two years that the Salina Municipal Court started to adopt the uniform public offense code. Ms. Trocheck further stated that prior to that time the court was limited to specific ordinance with the Salina city code, a smaller list than what is prosecuted now. 20-0324 Moved by Commissioner Davis, seconded by Commissioner Franz, to approve Ordinance No. 20- 11039 with the amendment of retaining section 10.29 violation of a public health order, list of offenses. Aye: (4). Nay: (0). Motion carried. (7.9) First reading Ordinance No. 20-11040 amending Chapter 38, Article I of the Salina Code by adopting the 2020 Standard Traffic Ordinance. Christina Trocheck, City Prosecutor, explained the amendments, local amendments and action options. Commissioner Hodges stated she received an inquiry from citizen concerning Article 13, Section 88, prohibiting placing a for sale sign on a car parked at the curb, on a city street; further adding that if a person habitually parks in a legal parking spot, on the city street and happened to have a for sale sign on the vehicle. Ms. Trocheck stated Section 88 contained two separate subsections; no person shall park a vehicle upon any roadway for the principal purpose of displaying such vehicle for sale, or washing, greasing,or repairing such vehicle except repairs necessitated by an emergency. Ms. Trocheck stated the intent it was a public safety issue and law enforcement would have to determine if the placement of that vehicle is for the primary purpose of offering or displaying that vehicle for sale. Commissioner Hodges stated that other public inquires she had received pertain to Section 93; allowed towing of a legally parked and titled vehicle, on a public street, for more than 48 hours. Ms. Trocheck stated that Section 93 referred to disabled vehicles or public Page 6 nuisance vehicles which was a public safety issue; Salina police officers primarily cite city codes which dealt with public nuisance vehicles, or vehicles parked on private or public property without the consent of the owner, and/or parking, storing, or depositing an inoperable motor vehicle without enclosing it in a garage or other building. Ms. Trocheck further stated that if a vehicle was to be towed, law enforcement officers would place a tow w sticker on the vehicle advising the registered owner that they had 48 hours to remove the vehicle because the vehicle was not legal to operate in its current condition whether it was due to a mechanical situation. 2( .032p Moved by Commissioner Davis, seconded by Commissioner Franz, to pass Ordinance No. 20- 11040 amending Chapter 38, Article I of the Salina Code by adopting the 2020 Standard Traffic Ordinance. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Consider acceptance of proposed easement and restricted access dedications on the proposed final plat of the Tony's Subdivision, a proposed replat of the Tony's Pizza/Schwan's corporate campus. Mayor Hoppock stated that previously he recused himself from discussions and actions related to the Tony's Pizza/Schwan's matter based on his work responsibilities. Mayor Hoppock further stated his work related Tony's Pizza/Schwan's had concluded; during a recent consultation with the City's legal counsel, it was determined that he would have no conflict and would not be recusing himself from the agenda item. Dean Andrew, Director of Planning, explained the history of the original plat, the current request,Planning Commission action and action options. 20-0326 Moved by Commissioner Davis, seconded by Commissioner Hodges, to accept the offered easement and restricted access dedications and authorize the Mayor to sign the plat of the Tony's Subdivision on behalf of the City. Aye: (4). Nay: (0). Motion carried. OTHER BUSINESS Commissioner Davis shared his opinions on the behavior exhibited by some of the City's citizens during the study session that occurred at the Tony's Event Pizza Center on 9/21/2020. Mayor Hoppock stated he had conferred with Mr. Schrage following the study session a consensus was reached, prior to all future public forums or public comment segments of city commission meetings,an opening statement would occur to announce the City's policy on proper decorum. Commissioner Franz stated that there were defined rules of procedures, it was important that public comments were heard from everyone without booing and hissing. Mayor Hoppock made a request for guidance, from legal counsel, to define the City Commission's limitations with regards to citizens' public comments, displayed signage, or public behavior during an open meeting. Greg Bengtson, City Attorney, stated further examination was to be done on public forum law, factoring in the environment in which the matter was being considered and apply 1st Amendment/Public Forum Law which may affect the City Commission's latitude Commissioner Hodges stated she had heard from several individuals that shared their Page 7 comments that the audio,at the study session,was of poor quality and it was her hope that better sound quality could be realized for future meetings. Jacob Wood, Deputy City Manager, stated that the number of people in attendance at that study session was not expected but that future meetings staff would seek outside technical assistance. Lu R in ADJOURNMENT 20032' Moved by Commissioner Hodges, seconded by Commissioner Davis, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting adjourned at 6:27p.m. [SEAL] Michael L.Hoppo ayor ATTEST: ,/1(RA hh ''//NN Shandi Wicks,CMC,City Clerk Page 8