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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