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11-02-2020 Minutes CITY OF SALINA,KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS November 2,2020 4:00 p.m. The City Commission convened at 2:30 p.m. for Street Condition Assessment 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. 79, 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 (3.1) Presentation of Certificate of Commendation from the Salina Fire Department. Chief Royse, provided information regarding Sudden Cardiac Arrest (SCA), the incident and rescue efforts. He continued by presenting Riley Hawbaker and Jordan and Adrian Teasley with Certificates of Commendation. He also introduced members of the Salina Fire Department in attendance at the meeting. Lynn Nightingale stated was extremely thankful and appreciated what the system did for him. Mayor Hoppock stated we take our fire department and EMS staff for granted and thanked them for all they do for the community. He continued to thank Jordan and Adrian Teasley &Riley Hawbaker for their help in the situation. CITIZENS FORUM Dalton McDowell, Salina, provided his thoughts on the condition of the city streets. Mayor Hoppock asked Mr. McDowell to review the study session that just occurred today. Deborah Corrales, 124 E. Charlotte, provided information regarding dog DNA. She also provided a handout to the City Commission and staff. Tyler Sartain, 233 N. Kansas, provided his information on the potential in riots tomorrow and asked if Salina was prepared for such an event. Norman Mannel, Salina, provided information on dictatorship, provided his thoughts on citizens providing their name and address in public and on the pay of City employees, specifically refuse workers. Commissioner Davis stated when citizens came to the podium, the Mayor just asks for the person's name and the city they reside. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME Page 1 None. CONSENT AGENDA (6.1) Approve the minutes of October 26,2020. (6.2) Award 2020 Street Markings, Project No. 20008, to K&G Striping in the amount of $20,219.30 with a $4,780.70 (23.6%) construction contingency and a total project authorization of$25,000. 20-038 Moved by Commissioner Ryan, seconded by Commissioner Franz, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Resolution No. 20-7895 authorizing the Mayor to execute a Transferee Agreement with Salina,2020,Inc. and Salina Downtown,Inc. Michael Schrage,City Manager,explained the request,fiscal impact and action options. Commissioner Hodges asked if there was a sense on how the downtown CID district was performing versus the projections. Mr.Schrage stated there was 60% Debbie Pack, Director of Finance & Administration, stated the $200,000 base met in September and the amount would be going out in October to SDI. Commissioner Hodges asked how much would be realized from the CID annually. Ms. Pack stated it was close to$20,000 a month and SDI was eligible for 40.6% of the pot. Commissioner Hodges asked if the parking enforcement and sidewalk dining could be a function that SDI could help with. Mr. Schrage stated both were listed as City functions but SDI may be able to assist with them. Commissioner Hodges asked the upkeep of annual landscaping was listed to be maintained by SDI and asked who the overall point person to make sure the landscape beds looked their best. Mr. Schrage stated he hoped splitting out the roles would help staff in Parks to keep up on other tasks. Penny Betties, Salina Downtown, Inc. (SDI), stated with the money received from the CID funds, would be used to hire either two (2) part-time or one (1) full-time maintenance staff to perform the maintenance necessary. She also stated the annual plantings would be out sourced and would be maintained by the company that installed the plantings. Commissioner Hodges asked how much of a bump in staffing was staff willing to commit for upkeep of the landscape beds. Mr. Schrage stated Parks was trying to address it with part-time staffing and with the help of SDI to maintain the annual plantings, which would be a help. Commissioner Hodges asked for staff to obtain the number of hours staff would devote to the upkeep of the landscape beds. Commissioner Franz asked for additional information on what the billy goat was. Ms. Betties stated it was a large vacuum that could clean out the gutters and drainage. Commissioner Franz asked if the annual plan and financial reporting would include an annual audit. Mr. Schrage stated yes but several agencies had asked for a similar less erroneous report. He continued to state that staff was working on a different type of report to bring a staff report back to the City Commission for consideration. Page 2 Mayor Hoppock asked for more information on the security, Ms. Betties stated SDI was looking to add cameras and additional lighting in back alleyways in Phase II. Commissioner Davis asked who would be watching the cameras. Mr. Schrage stated the ability to have the camera footage for the Police Department would be beneficial. 20-0339 Moved by Commissioner Hodges, seconded by Commissioner Davis, to adopt Resolution No. 20- W 7895 authorizing the Mayor to execute a Transferee Agreement with Salina, 2020, Inc. and Salina N Downtown,Inc. Aye: (5). Nay: (0). Motion carried. (7.2) Resolution No. 20-7896 authorizing the Mayor to sign a resolution declaring the eligibility of the City of Salina to submit an application to the Kansas Department of Transportation (KDOT) for use of transportation alternatives program (TAP) funds for the Magnolia Hike and Bike Trail project. Dan Stack, City Engineer, explained the request, the project, fiscal impact and action options. Commissioner Franz asked if there was enough space east of the veterinary clinic on Magnolia. Mr. Stack stated there was more space in front of the church. Mayor Hoppock asked if there was ten(10) foot right-of-way in the area. Mr. Stack stated a portion of it was City or school owned and could more easily obtain additional area for the sidewalks that some other areas. Mayor Hoppock asked what fund the money would come out of. Mr. Stack stated there was money set aside in the Capital Improvement Program under Hike & Bike Trail and sidewalk dollars in the Sub-CIP. Commissioner Hodges asked if the bicycle advocacy group was still active and if they had a chance to look at this. Mr. Stack stated yes, the group was still active and staff had talked with the group in the past on areas in need. Commissioner Hodges stated it would maybe be beneficial to have the bicycle advocacy group write a letter of support to put with the application. Mr. Stack stated that would be beneficial as well as maybe a letter from the school district. 20-0360 Moved by Commissioner Davis, seconded by Commissioner Hodges, to adopt Resolution No. 20- 7896 authorizing the Mayor to sign a resolution declaring the eligibility of the City of Salina to submit an application to the Kansas Department of Transportation (KDOT) for use of transportation alternatives program (TAP) funds set forth by the Federal Moving Ahead for Progress in the 21st Century Act (MAP-21) for the Magnolia Hike and Bike Trail project.. Aye: (5). Nay: (0). Motion carried. (7.3) Police Citizen Review Board Follow-Up Discussion. Chief Nelson explained past conversations, the proposal, board creation, and action options. Mayor Hoppock asked how staff would like the City Commission to proceed. Michael Schrage, City Manager, stated the intention today was for staff to obtain collectively the information to be included in the creation of the board. Commissioner Davis provided his thoughts on the creation of the board to include member size,board roles and training of board members. Page 3 Commissioner Hodges provided her thoughts on the creation of the board to include member size,board roles and training of board members. Commissioner Ryan provided his thoughts on the creation of the board to include member size and board roles. Commissioner Hodges provided her thoughts on the public outreach role of the board. Commissioner Franz stated he put his thoughts down on paper and provided his additional thoughts on the creation of the board including member size, board liaison, community outreach, and the membership of the board. He also responded to comments made by other commissioners. Commissioner Hodges provided her thoughts on the makeup of the board. A conversation ensued between the City Commission regarding the makeup and member number of the board. Mayor Hoppock provided his thoughts on the creation of the board to include the member size,membership makeup and application questions. Commissioner Davis provided his thoughts on the role of the board, having an active officer on the board, attendance of the police chief in executive sessions, and training of board members. Commissioner Davis asked if family members would seek out positions on this type of board. Chief Nelson stated he did not think they would. A conversation ensued between the City Commission and Chief Nelson regarding the membership of the board including family members of officers. Mr. Schrage stated there was a high likelihood of a lot of the deliberation of this body was going to be in executive session depending on the topic and the personnel nature of the topic and it was important to have either an officer on the board or the chief as part of the conversation to answer questions and provide context but to take away rationale that the board reached the conclusion that they did so the department could implement it. He continued to state his concerns on an independent process that won't have validity with the department and won't be effectively implemented. Chief Nelson stated it was important to include a rank and file officer on the board to have the backing of the department. Mr. Schrage continued to provide information on having a rank and file officer on the board. Commissioner Franz asked if the dis-inclusion of a police department representative in executive session was an issue. Mr. Schrage stated it would create a discretionary decision point out in the future and his concern was that it could be exclusionary when no expectation that the department of leadership votes or participates but to leave them out of the deliberation and did not know how effective that would be. A conversation ensued between the City Commission and Mr. Schrage regarding department representation in executive sessions. Commissioner Davis asked if in this type of scenario, could the board direct that the Chief no be included in the executive session if he normally was expected to go. Greg Bengtson, City Attorney,stated that as long as a person was a member of the board,it was impossible to not include participation. Commissioner Davis asked if other cities had rank and file officers on their board. Chief Page 4 Nelson stated Wichita,Olathe,Topeka and Riley County have an officer either on the board or as the liaison of the board. Mr. Schrage stated deliberations would occur in executive session and the decision would occur in open session. Commissioner Hodges provided her thoughts on the automatic inclusion of the police chief in executive session. Mr. Bengtson stated a clarification, referenced to ex-officio was a basis of membership and full participation and an ex-officio could also be a non-voting member. Commissioner Davis asked if it was common for an ex-officio was a member of a board. Mr. Schrage stated he could think of a past-president seating as an ex-officio on a board. Mr. Bengtson also provided additional information on the ex-officio member. Norman Manuel,Salina,stated it was time for applications to be submitted. Dalton McDowell, Salina, provided his thoughts on the places a complaint could be submitted and the makeup of the board. Miranda Bachman, Salina, provided her thoughts on the need for the board to have authority, the specific roles of the board including transparency of board members. She continued to state the board should be a safe and neutral zone and the City Attorney being at the board meetings for oversight. Commissioner Davis stated the board would not be representing the Police Department or the complainant. Mr. Schrage stated he heard a good consensus and staff would try to go through the conversation and develop the board policy. Commissioner Hodges thanked the Mayor and City Manager for allowing the roundtable discussion. Mayor Hoppock provided his thoughts on the conversation and appreciated all of the work by staff. 20-0361 Moved by Commissioner Franz, seconded by Commissioner Ryan, direct staff to move forward with collecting Expression of Interests (EOI's) to start creating the board which staff was working on drafting the policy. Commissioner Davis asked if it was relevant on the forms to ask if the applicant had a relationship to an officer. Mayor Hoppock stated he thought there were similar questions he thought might need to be included. A conversation ensued between the City Commission on when EOI's should be accepted. Mayor Hoppock called the question: Aye: (3). Nay: (2) Davis,Hodges. Motion carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS Commissioner Hodges asked what the City's plan of action was post-election on potential Page 5 riots and political parades. Michael Schrage, City Manager, explained there were citizens in town that were parading in town using horns and playing songs, the Police Department had received complaints of noise, and the Police Department received complaints over the weekend and the department did not respond and what the Police Department should be doing. Chief Nelson stated he read the code section and the department would respond as they could but it would take a person willing to testify for charges to occur. He also stated staff would be available to handle situations as they occur. ADJOURNMENT 79 20-032 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 6:11 p.m. [SEAL] Michael L. Hop ck,Mayor ATTEST: ('� aitCL- IAOI.Qd Shandi Wicks,CMC,City Clerk Page 6