10-19-2020 Minutes CITY OF SALINA,KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
October 19,2020
4:00 p.m.
The City Commission convened at 3:00 p.m. for Wastewater Treatment Plant Design-Build Team
Selection 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.
0 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
None.
CITIZENS FORUM
Dalton McDowell, Salina, provided his thoughts on changes to public participation at
meetings.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Conduct a public meeting as a requirement of the Kansas Water Pollution Control
Revolving Loan Fund (KWPCRF) Project (No. C20 2049 01) for improvements to the
Wastewater Treatment Plant.
Mayor Hoppock opened the public forum.
Martha Tasker, Director of Utilities, provided handouts to those in attendance for the
public meeting of the Kansas Water Pollution Control Revolving Loan Fund (KWPCRF)
Project (No. C20 2049 01) for improvements to the Wastewater Treatment Plant interested
and asked that those interested parties add their name and address to the sign-in sheet.
Ms. Tasker explained the meeting requirement,project,fiscal impact and required actions.
Mayor Hoppock asked if any member of the Governing Body had questions.
Commissioner Davis asked if the 3% per year increase was through 2042. Ms. Tasker stated
yearly in November,the rates and costs were reviewed for a 5 year period.
Commissioner Davis asked at what point did the 3% increase comfortably cover the costs
for future projects. Ms. Tasker stated she was not aware of the big project. Commissioner
Davis mentioned the yearly increase getting costly over time. Ms. Tasker stated that was
why staff reviewed the fees yearly to determine if there was a need for an increase.
Michael Schrage, City Manager, stated staff was trying to be mindful of the pressing
projects at the moment and the water main replacement projects. He continued to state the
Page 1
3% increase was not intended to be for the life of the project. Ms. Tasker stated the goal was
to not have an increase unless it was necessary.
Commissioner Hodges stated that KDHE wanted the South Wellfield to be completed prior
to the Wastewater Treatment Plant Improvement Project. Ms. Tasker stated KDHE had
been a part of the studies that had been done in the past and developed a plan that was
affordable for the community.
To
Mayor Hoppock asked if there was any public comment or questions.
Norman Mannel, Salina, asked if the phosphorous could be removed from the water. Ms.
8 Tasker stated yes but it was all about the cost and what would need to be done for the
Smoky Hill River and the maximum loads of the river.
Dalton McDowell, Salina, asked if this project would cause the taxes to increase again. Ms.
Tasker stated the water and sewer rates pay for all of the utility costs. She continued to
state property tax and sales tax were not factored into the project.
Mayor Hoppock closed the public meeting at 4:25 p.m.
CONSENT AGENDA
(6.1) Approve the minutes of October 12, 2020.
20-0345 Moved by Commissioner Hodges, seconded by Commissioner Davis, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Authorize sale of General Obligation Improvement and Refunding Bonds Series
2020-B.
(7.1a) Receive report on bids received.
(7.1b) Second reading Ordinance No. 20-11041 authorizing the issuance and
delivery of General Obligation Improvement and Refunding Bonds, Series
2020-B.
(7.1c) Resolution No. 20-7888 prescribing the form and details of and authorizing
the delivery of General Obligation Improvement and Refunding Bonds,
Series 2020-B.
Debbie Pack, Director of Finance & Administration, explained the issuance, projects
financed, fiscal impact and introduced David Arteberry, Public Finance, Stifel, Nicolaus &
Company, Inc. Mr. Arteberry explained the bond rating and gave an overview of the
results of the bids received.
Mayor Hoppock stated the possible net savings was less and asked if it was due to the
interest rate or the sizing of the bonds. Mr. Arteberry stated it was due to the interest rate.
Commissioner Franz asked if the savings was on the new money or the old. Mr. Arterberry
stated it was a combination of both.
Ms. Pack explained the action options for Ordinance No. 20-11041 and Resolution No. 20-
7888.
20-0346 Moved by Commissioner Davis, seconded by Commissioner Hodges, to adopt Ordinance No. 20-
, 11041 authorizing the issuance and delivery of not to exceed $9,360,000 principal amount of
Page 2
General Obligation Improvement and Refunding Bonds, Series 2020-B on second reading. A roll
call vote was taken. Aye: (5) Davis, Franz,Hodges,Ryan,Hoppock. Nay: (0). Motion carried.
20-0347 Moved by Commissioner Davis, seconded by Commissioner Hodges, to adopt Resolution No. 20-
7888 prescribing the form and details of and authorizing the delivery of $8,450,000 principal
amount of General Obligation Improvement and Refunding Bonds, Series 2020-B. Aye: (5). Nay:
(0). Motion carried.
m
(7.2) Salina Fieldhouse Re-Opening Plan.
8 Travis Scheele,Recreation Superintendent, explained the re-opening plan.
Commissioner Davis asked if there were any provisions for open play. Mr. Scheele stated it
was not included in the recommendation due to staffing.
Commissioner Davis stated he hoped the COVID requirements and guidelines would be
provided to all parties before arriving in the facility. Mr. Scheele stated the software
program would send out the requirements and guidelines along with staff emailing them
and posting to the website and social media.
Commissioner Davis stated the use of a thermometer would be easily done and the possible
use of volunteers to help with the task. Mr. Scheele stated he had priced both the handheld
and automatic thermometer.
Commissioner Franz asked if full-time staff would be able to handle taking temperatures
111 before entering the building.
Commissioner Hodges stated she would like to see temperatures taken upon entrance to
the facility. She also asked if consequences to not following the requirements and make it
abundantly clear if you do not wear a mask or wear it correctly, you would be asked to
leave. She further stated some confusion on the requirements of wearing a mask.
Commissioner Hodges asked if volleyballs would be sanitized down as well as the
basketballs. Mr. Scheele stated all equipment would be sanitized.
Commissioner Hodges asked who registered for use of the facility. Mr. Scheele stated if it
was a team registration, the coach would register the whole team but staff would take it a
step further to send the COVID requirements and guidelines to all of individuals on the
team roster. Commissioner Hodges provided her thoughts on the individual sign-off of the
requirements and guidelines through the software system. Mr. Scheele stated he had talked
with the staff and the software system had the ability to add an individual sign-off on the
requirements and guidelines.
Commissioner Hodges mentioned the limit of 2 spectators to the event and asked for
clarification. Mr. Scheele stated it was per participant and he would correct the
requirements and guidelines.
A conversation ensued between the City Commission and Mr. Scheele regarding the
seating and social distancing.
Commissioner Ryan asked if the reluctance to return to full service was due to the part-
time staffing and asked what the considerable cost was on operating the facility as full
service and stated if possible by January. Mr. Scheele stated staff did not discuss returning
the facility to full service. He continued to state the conversations were focused on the
heavier activities but stated staff could look into the costs to get there by January.
Page 3
Mayor Hoppock stated he was disappointed in the volleyball, basketball and pickle ball
programming not being included. Mr. Scheele stated it was due to the reduction in part-
time staffing. Mayor Hoppock also asked staff if they had a list of officials that normally
were used. Mr. Scheele stated yes.
Commissioner Davis asked what the procedure was to increase the funding for the
w recreation programming. Michael Schrage, City Manager, stated staff would need to
calculate the numbers and bring it back for consideration.
Mayor Hoppock provided his thoughts on the use of facility by the citizens and the need to
get something opened by December.
8
Norman Mannel, Salina, provided his thoughts on the increase in cases due to the cold
weather and the congregating of people.
Commissioner Davis asked Mr. Scheele what staff needed from the City Commission to get
the facility running. Mr. Scheele stated he would like the modified approach approved for
November and December and if the City Commission would like to add programming, he
would like to get that started now.
A conversation ensued between the City Commission, Mr. Scheele and Mr. Schrage
regarding the addition of programming to the facility.
20-0348 Moved by Commissioner Davis, seconded by Commissioner Hodges, to concur with staff's
recommendation to resume the modified operation of the Salina Fieldhouse subject to the
proposed COVID requirements and guidance with requirements to included taking temperatures
111 at the door and COVID requirements and guidance be directed to all participants.
Commissioner Franz provided his thoughts on the case load and modified approach and thought
he would support it with adverse consequences.
Commissioner Hodges provided her thoughts on the modified approach and the caseloads.
Mayor Hoppock called the question. Aye: (5). Nay: (0). Motion carried.
Mayor Hoppock asked if staff needed a motion for the addition of recreational programming. Mr.
Schrage stated he thought staff knew what they needed to work on and bring it back to the City
Commission. Mayor Hoppock asked if staff could bring the item back in a couple weeks.
(7.3) Downtown Streetscape Project punch list, project update and consideration of
Change Order No. 22,City Project No. 70012.
Dan Stack, City Engineer, explained the punch list and project update.
Michael Schrage, City Manager, explained the building renovations adjacent to Campbell
Plaza. Commissioner Hodges asked what the timeline was on the renovation of the
building. Mr. Stack stated staff did not know and the more the project progressed the more
problems they ran into.
Mr. Stack continued to explain intersection bollard lighting, fiscal impact and action
options.
Commissioner Hodges stated she thought it was a product design problem and asked
where the breakdown occurred. Mr. Schrage stated he was not under the impression it was
UL listing and not IP 65 and would need someone to help answer the question.
Page 4
A conversation ensued between the City Commission and Mr. Schrage regarding the
lighted bollards and the process used to select the bollards.
Simon Sun, HDR Engineering, explained the UL listing and IP rating of the lighted
bollards.
Jacob Wood, Deputy City Manager, stated his understanding was the bollards were IP 65
and the lighting inside were not UL listed. Mr. Schrage stated the manufacturer stated the
bollards were not UL listed.
Cory Imhoff, Vice President, HDR Engineering, provided information on the quality of the
3 product in the bollards.
A conversation ensued between the City Commission, Mr. Stack and Mr. Schrage regarding
bollards presented and the update between the contractor and the bollard manufacturer.
A further conversation ensued between the City Commission, Mr. Imhoff and Mr. Stack
regarding the low voltage option.
Mayor Hoppock asked about the cost being split into a third. Mr. Stack stated the cost
would be split between the contractor,HDR Engineering and the City of Salina.
Mr. Schrage explained the costs for moving the bollards back and installation of the low
voltage bollards.
Commissioner Hodges provided her thoughts on the manufacturer and the need to take
legal action and the resolution was not a suitable option.
Commissioner Hodges asked for additional information on how and when the bollards that
were damaged were struck. Mr. Stack stated all of the above and stated there were 2
incidents that tag information was obtained and insurance settlements were processed. He
continued to state there were 11 total that had been hit and it was up to the contractor to
obtain the information or file a police report.
Commissioner Hodges asked how long the warranty period was for. Mr. Stack stated
November, 2019 the job was completed so the warranty period would run to November,
2021, depending on when the project portion was completed.
Commissioner Hodges asked if the Change Order was to accept the rest of the project. Mr.
Stack stated no,just to move forward with the lighted bollards.
Commissioner Hodges asked if a statement could be provided on the contingency fund and
the change orders made and what account would get the windfall of the valued
engineering. Mr. Schrage stated it would depend on when it was realized but it would go
into the overall project and back into the fund.
Commissioner Hodges asked for a summary of the change orders and to assure the valued
engineering was not utilized.
Commissioner Hodges asked who the overall project manager on the project. Mr. Schrage
stated day-to-day project management was public works.
Commissioner Hodges asked if Jim Kowach was the project manager. Mr. Schrage stated
we did not bring HDR Engineering in as a project manager, they were the designer. He
continued to state it was ultimately the Public Works director that was in charge of the
project.
A conversation ensued between the City Commission and Mr. Schrage regarding the
Page 5
project manager and inspection process of the project.
II Mr. Schrage provided his thoughts on his understanding of the manufacturing of the
bollards and if the City could go after Canterbury. Mr. Imhoff stated his understanding was
2 to split the cost in thirds.
A conversation ensued between Mr. Schrage and Mr. Imhoff regarding the manufacturing
of the bollards and meeting the IP rating and UL listing.
Commissioner Franz asked if we asked for the product by name. Mr. Imhoff stated yes. Mr.
Wood stated that was why the City was not holding the contractor fully accountable.
N
C
Commissioner Hodges stated we did not get what we specified.
Commissioner Franz asked who rated it IP 65. Mr. Imhoff stated staff of HDR Engineering
reviewed the information and wishes not that he would have questioned the rating.
Commissioner Hodges asked who made the decision of the bollards. Mr. Imhoff stated it
was based upon the public input from the public outreach participation.
Mr. Schrage stated the decision was ultimately to split the cost sharing.
Mayor Hoppock stated the manufacturer offered to make a change even though it did not
meet specifications. Mr. Schrage stated yes but it was not acceptable.
A conversation ensued between the City Commission regarding the project, lighted
bollards, and proposed solution.
Norman Mannel,Salina,provided his thoughts on the light bollard locations.
20-0349 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve Change Order No.
22 authorizing the City Manager to approve, in an amount not to exceed $37,872.25 ($12,624.08
City portion). Aye: (4). Nay: (1) Hodges. Motion carried.
(7.4) Resolution No. 20-7892 approving the City Commission Agenda General Order of
Business and Public Participation Policy.
Michael Schrage,City Manager,explained the policies,fiscal impact and action options.
Commissioner Franz asked if we were adopting the General Order of Business or the Public
Participation Policy. He continued to provide his thoughts on the items being separated but
saw some items as problematic.
Commissioner Davis asked Commissioner Franz to elaborate on his thoughts.
Commissioner Franz stated the General Order of Business should be kept small and was
what was attached to the agenda and the Public Participation Policy as a separate
document.
Greg Bengtson,City Attorney, explained the setup of the General Order of Business and the
integration of the General Order of Business and Public Participation Policy.
A conversation ensued between the City Commission, Mr. Schrage and Mr. Bengtson
regarding the contents of the General Order of Business.
Mayor Hoppock asked if a person was not a resident of Salina, it did not prevent you from
talking. Mr. Schrage stated that was correct.
,, Mayor Hoppock stated in the items prohibited it mentioned inaudible mouthing or
gesturing messages visible to any other person. A conversation ensued between the City
Page 6
Commission and Mr. Schrage regarding the prohibited item.
Mr. Bengtson provided additional information on the standards within the General Order
of Business and Public Participation Policy and the legal analysis.
A conversation ensued between the City Commission, Mr. Bengtson and Mr. Schrage
W regarding the General Order of Business and Public Participation Policy as drafted.
Mayor Hoppock stated he would like to see whispering removed. A conversation ensued
ra
between the City Commission, Mr. Bengtson and Mr. Schrage regarding the removal of
whispering from number 2 and the removal of number 5 from the prohibited items.
N
C
8 Commissioner Franz provided his thoughts on the first sentence within Forms of
Communication or Expression Not Allowed in the Meeting Room.
A conversation ensued between the City Commission, Mr. Bengtson, and Mr. Schrage
regarding the first sentence within Forms of Communication or Expression Not Allowed in
the Meeting Room.
Commissioner Hodges mentioned a potential change to the document regarding the place
of resident of the citizen speaking and maybe mentioning the city and state of resident.
Mr. Schrage mentioned the edits he had noted: (1) Alter in Citizen's Forum the City and
State of resident instead of resident of Salina, (2) Strike whispering in #2 and (3) Reword
#5.
Mr. Schrage stated there was mention on the radio of the policy stepping on the first
amendment and encourages participants to jeer at the meeting. Mr. Schrage mentioned
what the options were to halting the behavior.
Mr. Bengtson mentioned some potential edits to the policy.
Commissioner Davis asked at what time constituted before and after the City Commission
meeting. Mr. Schrage stated the room was reserved for the City's use on Monday's
otherwise the doors would be locked.
Mr. Schrage stated the amendments (1) amend references to a speaker confirming whether
he or she is a resident of Salina to the speaker must indicate their city of residence in both
incidents that occur; within Forms of Communication or Expression Not Allowed in the
Meeting Section: (2) reformat section to separate out possessing,placing,or displaying sign,
placard,flag, or banner,regardless of its size, the material of which it is made, or its written
graphic, or symbolic content before, during or after a meeting; (3) reformat the remaining
section only be applicable during the meeting; (4) amend the last sentence of the currently
first paragraph to add consequently forms of communication or expression with deemed to
be found by the City Commission to be in conflict with the substantial public interests
outlined above and therefore not allowed in the meeting room; (5) include then the second
point would be amended by striking reference to whispering; (5) amended to read in
audibly mouthing or gesturing in a manner deemed to be distracting to other persons in the
meeting room and in the Public Hearings and Regular Agenda Items Section (6) breaking
the public hearings and regular agenda items into two (2) paragraphs with the second
paragraph starting with Upon recognition by the Mayor,the speaker must.
20-0350 Moved by Commissioner Davis, seconded by Commissioner Ryan, to adopt Resolution No. 20-
7892 approving the City Commission Agenda General Order of Business and Public Participation
Policy, with the following amendments: (1) amend references to a speaker confirming whether he
Page 7
or she is a resident of Salina to the speaker must indicate their city of residence in both incidents
that occur;within Forms of Communication or Expression Not Allowed in the Meeting Section: (2)
reformat section to separate out possessing, placing, or displaying sign, placard, flag, or banner,
N regardless of its size, the material of which it is made, or its written graphic, or symbolic content
before, during or after a meeting; (3) reformat the remaining section only be applicable during the
W meeting; (4) amend the last sentence of the currently first paragraph to add consequently forms of
13 communication or expression with deemed to be found by the City Commission to be in conflict
with the substantial public interests outlined above and therefore not allowed in the meeting room;
(5) include then the second point would be amended by striking reference to whispering; (5)
Ta amended to read in audibly mouthing or gesturing in a manner deemed to be distracting to other
persons in the meeting room and in the Public Hearings and Regular Agenda Items Section (6)
breaking the public hearings and regular agenda items into two (2) paragraphs with the second
paragraph starting with Upon recognition by the Mayor, the speaker must. Aye: (4). Nay: (1)
Franz. Motion carried.
DEVELOPMENT BUSINESS
None.
OTHER BUSINESS
None.
ADJOURNMENT
I20-0351 Moved by Commissioner Ryan, seconded by Commissioner Hodges, that the regular meeting of
the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
adjourned at 7:22 p.m.
[SEAL] Michael L. Ho,,______(....000",..177*,Mayor
ATTEST:
•
StAouitai. woke
Shandi Wicks,CMC,City Clerk
I
Page 8