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12-07-2020 Minutes CITY OF SALINA,KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS December 7,2020 4:00 p.m. The City Commission convened via Zoom meeting at 2:30 p.m. for Salina Net Generation Tennis Project Presentation. 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. via Zoom meeting. Roll call was taken followed by the Pledge of Allegiance and a moment of silence. Those present and comprising a quorum via the Zoom meeting: Mayor Michael L. Hoppock (presiding), Commissioners Trent W. Davis, M.D., Rod Franz, Melissa Rose Hodges, and Karl Ryan. Also present via Zoom meeting: 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 the appointment of the Citizen Review Board. Mayor Hoppock noted that board appointments were appointed by the entire City Commission. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing regarding issuance of Taxable Industrial Revenue Bonds for Great Plains Manufacturing No.2,LLC. (5.1a) Resolution No. 20-7916 determining the advisability of issuing Taxable Industrial Revenue Bonds and entering into a performance agreement with Great Plains Manufacturing No. 2, LLC. Mayor Hoppock recused himself due to a conflict of interest. Vice-Mayor Hodges opened the public hearing. Michael Schrage, City Manager, explained the project, bond issuance, fiscal impact and action options. Commissioner Davis provided his thoughts on the detail of the information provided. Commissioner Franz stated he did not see anything in the resolution relating to their consent to annex and asked if at this point, the consent to annex was in writing or verbal only. Mr. Schrage stated there was a verbal commitment. Commissioner Franz asked if the action taken today could be rescinded in the future. Sarah Steele, Gilmore &Bell, L.P., stated there would be an option to rescind in the future but the current process did require Saline County consent due to the location of the facility. Page 1 Vice-Mayor Hodges asked if the annexation item could be included in the resolution if the Governing Body would all agree. Ms. Steele stated that would need to go through the City Attorney due to the complexity of the annexation process. Commissioner Davis asked how deep into the process could you go in order to rescind. Ms. Steele stated there was some time prior to significant funds were spent but Great Plains was moving forward with the project as of right now. Greg Bengtson, City Attorney, stated the arrangements with the county and the current property owner would be the parties involved in the consent to the annexation. He continued by asking how confident the property would be changing hands to Great Plains. " He further continued by stating there were three (3) parties involved and a matter to determine the sequence of events to accomplish the annexation. Commissioner Davis asked if the annexation could occur prior to the transfer of property to Great Plains. Mr. Bengtson stated it was possible. James Hall, Great Plains Manufacturing No. 2, LLC., stated he had conversations with staff to start the process of the annexation and close into a timetable that would be the first day of September 2021. Mr. Schrage asked if Section 3 of the resolution could be modified to add the consent to annexation request. Ms. Steele asked if the Governing Body would be in favor of consenting to the annexation. A conversation ensued between the City Commission, Mr. Bengtson, Mr. Schrage and Ms. Steele regarding the process of annexation. Mr. Schrage asked if adding a subsection h to Section 3 of the resolution stating the execution of a Consent to Annexation into the City would be acceptable to Great Plains. Mr. Hall stated yes. Linda Salem, Great Plains Manufacturing No. 2, LLC, provided additional information regarding the expansion of Great Plains and the new facility including additional staff moving to the City. There being no further comments the public hearing was closed. 20-0391 Moved by Commissioner Ryan, seconded by Commissioner Franz, to adopt Resolution No. 20- 7916 determining the advisability of issuing Taxable Industrial Revenue Bonds adding subsection h. to Section 3 to include the execution of a Consent to Annexation into the City and entering into a performance agreement with Great Plains Manufacturing No. 2, LLC. Aye: (4). Nay: (0). Motion carried. Mayor Hoppock returned. CONSENT AGENDA (6.1) Approve the minutes of November 23,2020. (6.2) Approve Resolution No. 20-7915 describing the corporate limits of the City of Salina. _r. (6.3) Approve Resolution No. 20-7912 adopting the 2021-2025 Capital Improvement Program for the City of Salina,Kansas. Page 2 (6.4) Approve Resolution No. 20-7909 authorizing the Mayor to execute an Agreement for the Installation of Natural Gas Facilities by Kansas Gas Service for the South Water Treatment Plant. (6.5) Approve Resolution No. 20-7904 authorizing the City Manager to execute an agreement for the placement of public art between the City of Salina and Saline County to allow for placement of the statue "Farmer" at the Salina Senior Center on property owned by Saline County. Commissioner Hodges and Commissioner Franz requested that Item 6.3 be removed from the consent agenda. 20-0392 Moved by Commissioner Hodges, seconded by Commissioner Davis, to approve the consent agenda less Agenda Item No. 6.3. Aye: (5). Nay: (0). Motion carried. (6.3) Approve Resolution No. 20-7912 adopting the 2021-2025 Capital Improvement Program for the City of Salina,Kansas. Commissioner Hodges stated in the 2022 projects the Smoky Hill River Renewal Construction was listed and it was struck out in 2023. Debbie Pack, Director of Finance & Administration, stated based on conversation with Martha Tasker, Director of Utilities, it was best to split the project out but after reviewing the performance of the sales tax capital fund, the money for 2023 may not be available. Ms. Pack continued to state there was a lot of unknown with the phasing of the project. Commissioner Franz stated he would like to reduce the commitment for Streets from $3.2 Million to $3 Million. He continued to provide his thoughts on the need for sidewalk repairs or installation throughout the City and the potential need to pursue the sidewalk repair policy discussion. Commissioner Hodges asked what the annual sidewalk improvement budget. Commissioner Franz stated $50,000 out of the gas tax fund for arterial street or sidewalk ramps. Mayor Hoppock asked if there was an inventory of sidewalks in need of a repair. Michael Schrage, City Manager, stated there would be a need to do an inventory of sidewalks and neighborhoods that did not have sidewalks. Commissioner Davis asked if there was a significance to the additional amount requested by Commissioner Franz. Mr. Schrage stated typically the amount allotted was $50,000 and was not always used in full each year. A conversation ensued between to the City Commission and Mr. Schrage regarding the complete street concept,usage of street funds and repairing of sidewalks. Commissioner Ryan would like to see an inventory of the needs before reallocating the funds. Commissioner Davis asked if there was anything that prohibited street money to be used for sidewalks. Mr. Schrage stated no. Commissioner Franz provided his thoughts on the process for sidewalk repairs. Commissioner Hodges stated she was open for reallocation of the funds but would like to see some type of prioritization list. She continued to state a portion of the funds for 2021 Page 3 could be to develop a prioritization list. Mayor Hoppock stated there was a difference in sidewalk repairs and putting in new sidewalks. N 20-033 Moved by Commissioner Franz, seconded by Commissioner Davis,to adopt Resolution No. 20-20- 7912 adopting the 2021-2025 Capital Improvement Program for the City of Salina, Kansas with the shift in resources of$200,000 from Streets to Sidewalk Improvements in 2021. Commissioner Hodges asked if the $200,000 was to develop a plan or just to reallocate the money. Commissioner Franz stated there was a necessity to develop a plan or an inventory list but that would be best to discuss as part of the program discussion next year. Mayor Hoppock called the question. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Resolution No. 20-7906 authorizing the City Manager to execute renewals of Agreement to Provide Administrative Services for a Self-Funded Health Benefit Plan and Individual and Aggregate Stop-loss with BlueCross BlueShield of Kansas. Commissioner Franz requested the agenda item be postponed to next week to obtain additional information needed. Mayor Hoppock asked if staff needed additional time to process the request. Michael Schrage, City Manager, stated staff had worked on the 5 page request but did not make it all the way through the request. Commissioner Davis asked if there was information that could be provided to the additional commissioners. Commissioner Franz stated once he read through the staff report,he felt it would be helpful for additional information. 20-0394 Moved by Commissioner Franz,seconded by Commissioner Davis,to postpone Resolution No. 20- 7906 authorizing the City Manager to execute renewals of Agreement to Provide Administrative Services for a Self-Funded Health Benefit Plan and Individual and Aggregate Stop-loss with BlueCross BlueShield of Kansas to the December 14, 2020 Commission meeting. Aye: (5). Nay: (0). Motion carried. (7.2) Resolution No. 20-7917 amending and restating Section 3 of Resolution No. 20-7825 addressing Covid-19 paid leave in response to the Covid-19 public health emergency and ratifying all other provisions of Resolution No. 20-7825. Natalie Fischer, Director of Human Resources, explained the request, usage, fiscal impact and action options. Commissioner Davis thanked staff for being proactive on the item. Commissioner Franz asked if there was a correlation to June 15th. Michael Schrage, City Manager,stated he was the one that chose the date. 20-0395 Moved by Commissioner Davis, seconded by Commissioner Hodges, to adopt Resolution No. 20- 7917 amending and restating Section 3 of Resolution No. 20-7825 addressing Covid-19 paid leave 111 in response to the Covid-19 public health emergency and ratifying all other provisions of Resolution No. 20-7825. Aye: (5). Nay: (0). Motion carried. Page 4 (7.3) First reading Ordinance No. 20-11046 adopting new Article IV, Chapter 30 of the L Salina Code pertaining to the establishment and operation of the Citizen Review Board. n Brad Nelson, Police Chief, explained the new board makeup and operation, fiscal impact Z and action options. a w Commissioner Davis asked if it was the intent for the CRB to develop a policy for reviewing complaints of force or other policies. Chief Nelson stated yes, there were current policies in place but the CRB could review policies. Mr. Schrage stated it was contained in the resolution with the exception of intelligence information, technical plans, resource deployment which were exempt from public disclosure and the core. Commissioner Davis asked if there were polices the City Commission would like the CRB to review,was that possible. Mr.Schrage stated yes,he would expect that. Commissioner Davis provided his thoughts on the experience levels of the board members and asked if the membership of person with interest or experience in Community Relations was more specific than was currently used to describe the other citizen boards. Chief Nelson stated staff was trying to include both Community Relations and police staff. Mr. Schrage stated staff struggled with trying to detail the specifics of the member demographics. He continued to read a portion of the resolution that matched the current criteria of the Law Enforcement Advisory Board. Mr. Schrage stated the Expression of Interest form did add language allowing the applicant to provide additional information. Commissioner Davis asked about the inclusion of persons serving on the board having participated in the citizens' police academy. Chief Nelson stated he was an advocate for board members taking the course within two (2) years of the board appointment. Commissioner Franz provided his thoughts on the time commitment of the board members participating in the academy. Commissioner Davis asked what the basis was on the appointment terms for the board members. Chief Nelson stated that question would maybe be best asked to the Mayor. Commissioner Davis asked if a board member could be compensated for participating in the academy. Greg Bengtson, City Attorney, stated it would be outside of the regular meeting schedule and was typically not compensated for. Commissioner Ryan provided his thoughts on the requirement of the academy. He continued to ask if the current Law Enforcement Advisory Board members could serve on the CRB. Chief Nelson stated the current members of the Law Enforcement Advisory Board were interested on serving but he did not know if they had submitted an application. Commissioner Franz provided additional information regarding a similar board in Wichita. Commissioner Hodges provided her thoughts on Section 30-82 (1) and the need to break out the contents to two (2) separate components (1) assist in policy development and (2) educate the public on the CRB. She continued to provide her thoughts on the need to list diversity in Section 30-85 in a more positive way. She further provided her thoughts on the involvement of a police department officer on the board and preferred the board utilize its staff persons and not have a police department officer on the board. Commissioner Hodges stated in Section 30-83, she felt board members should be Page 5 encouraged to attend the citizen academy but not make it a requirement. She continued by stating she would like to see the citizen academy being an opportunity but not a requirement. Commissioner Hodges stated in Section 30-93 (d), she would like the wording to state may instead of shall for the staff liaison or Chief of Police be included in the executive session. Commissioner Davis provided his thoughts on the citizen academy and the potential to incorporate portions of the training into the board meetings. Mayor Hoppock stated he was not aware of what the Police Citizen Academy entailed and N was not sure how it could be modified for board members. Commissioner Davis asked if Chief Nelson could give a short overview of the role of the Citizen Police Academy. Chief Nelson stated at least half of the academy was classroom and the other half included tours of the police department, the jail, evidence and exercises of the SWAT team and the K-9 unit. Mayor Hoppock stated he would like to see a modified course for board members to attend potentially at the training facility. Mr. Schrage stated it may be better to review the ordinance by section and propose amendments, obtain a second and take action. Mr. Bengtson provided information on the action options. 20-0396 Moved by Commissioner Davis,seconded by Commissioner Ryan, to pass Ordinance No. 20-11046 adopting new Article IV, Chapter 30 of the Salina Code pertaining to the establishment and kil operation of the Citizen Review Board on first reading. 20-0397 Moved by Commissioner Davis, seconded by Commissioner Franz, to amend Section 30-82 (1) advise and assist the Police Department in policy development, education, and community outreach and communications related to racial or other biased-based policing by police officers and police department (2) promote and educate the citizens of the purpose and advocacy of the role of the Citizens Review Board and the remaining items would be renumbered accordingly. Aye: (5). Nay: (0). Motion carried. 20-0398 Moved by Commissioner Davis, seconded by Commissioner Franz, to amend Section 30-87 (1) a board member shall be highly encouraged to enroll in and attend the 10 week 40-hour citizens' police academy. Commissioner Hodges provided her thoughts on the board members attending the citizens' police academy. A conversation ensued between the City Commission and Mr. Bengtson regarding participation on the citizens' police academy. Commissioner Hodges asked if the ordinance needed to be addressed in sequential order. Mr. Bengtson stated it would be best to act on Section 30-87 then Section 30-83. Mayor Hoppock called the question to amend Section 30-87 (1) a board member shall be highly encouraged to enroll in and attend the 10 week 40-hour citizens' police academy: Aye: (5). Nay: (0). Motion carried. Page 6 20-0399 Moved by Commissioner Davis to amend Section 30-88 to add the requirement of completion of the 10 week 40-hour citizens' police academy prior to reappointment as long as the first term was three (3) years long. Commissioner Ryan provided his thoughts on the amendment. Mayor Hoppock stated the motion died due to lack of second. 20-04D0 Moved by Commissioner Hodges, seconded by Commissioner Davis, to remove (2) from Section ro 30-83. Commissioner Franz provided his thoughts on the removal of the police department member. Chief Nelson provided his thoughts on including a police department member as a member of the board. Mayor Hoppock also provided his thoughts on including a police department member on the board. Greg Bengtson, City Attorney, asked Chief Nelson if he would be picking the police department member. Chief Nelson stated he would make a recommendation and the Mayor could pick the person or not. Commissioner Franz stated interested police officers could submit an Expression of Interest form if they were interested in serving. Mr. Schrage stated it was currently drafted for a police officer to complete an Expression of Interest form. Commissioner Hodges stated any police officer that fit the parameters of the board may submit an interest form and the applicants would be treated the same way. Commissioner Davis asked if there were no police officers interested in serving on the board, would there be an open position. Mr.Schrage stated it would be a vacancy on the board. Mayor Hoppock stated an amendment to strike (2) of Section 30-83. Aye: (1). Nay: (4) Ryan,Franz, Davis,Hoppock. Motion failed. Commissioner Davis asked if there was any other qualification of a Human Relations Commissioner to serve on the board. Mr. Schrage explained the Planning Commission would vote on a member to serve on the Board of Zoning Appeals and Heritage Commission and staff thought of a similar approach but was not sure if it was included in the ordinance. Mr. Bengtson stated he had a miscommunication of staff on the intention. Mr. Schrage stated his intention was to replicate the process the Planning Commission used. The City Commission reached a consensus. Mr. Schrage stated staff would work to develop the appropriate language between first and second reading. 20-0401 Moved by Commissioner Hodges seconded by Commissioner Davis, to amend Section 30-93 (d) the Chief of Police and Staff Liaison may participate in executive sessions as informational resources, along with any other persons the board chooses to invite to participate as informational or advisory resources relevant to its deliberations. Mr. Schrage explained the reasoning for including the current wording in Section 30-93 (d). A conversation ensued between the City Commission and Mr. Schrage regarding the wording of the section and staff inclusion in executive sessions. Commissioner Davis asked if the language could be modified to recuse the Chief of Police if the personnel issue involved the Chief of Police. Commissioner Hodges stated she was still okay with listing may instead of shall. Mr. Schrage explained the intention of the CRB role in Section 30-93. Page 7 Mayor Hoppock called the question to amend Section 30-93 (d) the Chief of Police and Staff 111 Liaison may participate in executive sessions as informational resources, along with any other persons the board chooses to invite to participate as informational or advisory resources relevant to its deliberations. Aye: (2). Nay: (3) Franz, Ryan, Hoppock. Motion failed. Commissioner Franz asked if (d) of Section 30-83 could be wordsmithed to reflect a better representation of minority populations. Commissioner Davis provided his thoughts on how to reword the sentence. Mr. Schrage provided information on how staff worked through the development of the sentence. A conversation ensued between the City Commission, Mr. Bengtson and Mr. Schrage regarding minority populations. Mr. Schrage asked if under referenced populations was an improvement to overrepresentation of minority populations. Commissioner Hodges asked if the Governing Body could think about it and get staff any suggestions. Mayor Hoppock stated it could be looked at as part of second reading. Mr. Bengtson suggested reflect without correlation with population the racial and ethnic diversity of the city of Salina. Mr. Bengtson stated the need to go to the original motion and the maker restate the motion and add as amended. Commissioner Davis restated the motion to adopt Ordinance No. 20-11046 on first reading as amended,seconded by Commissioner Ryan. Aye: (4). Nay: (1) Hodges. Motion carried. DEVELOPMENT BUSINESS None. OTHER BUSINESS Commissioner Hodges provided information on an article in the Kansas Government Journal relating to Dodge City's South Wastewater Treatment Plant and their reuse of biogas to bring in additional income yearly. She noted Martha Tasker, Director of Utilities in the Zoom meeting and wanted to bring it up to see if staff could look into it as a possibility for Salina. Commissioner Hodges noted an email the City Commission received from Alexander Novak, General Manager with GSS, Inc. and asked if the U.S. Cellular item would be on an agenda soon. Michael Schrage, City Manager, stated the item would be on the agenda next week. Commissioner Franz asked for an update on 120 S. Penn and stated he had noticed an orange fence in the backyard and did not know when it was put up. Lauren Driscoll, Director of Community & Development Services, stated staff was advised of an open door in the back of the house and staff abated that issue the day after last week's meeting to secure the door. Commissioner Davis encouraged citizens to shop local for their holiday shopping. Chief Nelson stated staff was performing mask enforcement 4 to 5 days a week with a 97% conformance rate. Page 8 (9.1) Request for executive session(legal). I move the city commission recess into executive session for_minutes to discuss the subjects of (1) the legal considerations relating to the Governing Body's potential consent to representation of the City by the City's legal counsel, the firm of Clark, Z Mize &Linville,in the matter of a proposal by a private entity to purchase real estate W owned by the City under circumstances in which the private entity (a) is also a client T of the firm, (b) has consented to the firm's representation of the City in the matter, and (c) has not been provided legal advice by the firm regarding the matter; and, if To' the Governing Body anticipates publicly consenting to representation by the firm in 0 the matter, (2) the legal considerations involved in responding to the proposal to purchase real estate owned by the City with legal counsel 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 p.m. (9.1a) Possible action to follow. 20-0402 Moved by Commissioner Davis, seconded by Commissioner Hodges, to recess into executive session for 25 minutes to discuss the subjects of (1) the legal considerations relating to the Governing Body's potential consent to representation of the City by the City's legal counsel, the firm of Clark,Mize &Linville,in the matter of a proposal by a private entity to purchase real estate owned by the City under circumstances in which the private entity (a) is also a client of the firm, (b) has consented to the firm's representation of the City in the matter, and (c) has not been provided legal advice by the firm regarding the matter; and, if the Governing Body anticipates publicly consenting to representation by the firm in the matter, (2) the legal considerations involved in responding to the proposal to purchase real estate owned by the City with legal counsel 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 7:15 p.m. Aye: (5). Nay: (0). Motion carried Jacob Wood, Deputy City Manager, explained the participants of the executive session would brand off to another meeting and the City Commission meeting would remain live and the participants of the executive session would rejoin the regular meeting. Mayor Hoppock recused himself due to a conflict of interest. The City Commission recessed at 6:45 for a 5 minute break and then into executive session at 6:50 p.m. and reconvened at 7:15 p.m. Also present in executive session: Greg Bengtson, City Attorney; Mike Schrage, City Manager;and Jacob Wood,Deputy City Manager. Michael Schrage, City Manager, stated decision point number one would be in the Governing Body would be consent Clark,Mize &Linville's representation of the City in the matter. Mayor Hoppock continued to recuse himself due to a conflict of interest. Page 9 Greg Bengtson, City Attorney, stated we learned that the proposal presented to the City of Salina had been presented by Restore Properties and in doing so, recognized that Clark, Mize &Linville,had and does represent Restore Properties but did not provide legal advice to Restore Properties in relation to this matter at hand, the offer to purchase property owned by the City. Mr. Bengtson stated under the ethical rules that govern the conduct of professional practices and by the lawyers of the State of Kansas the matter then becomes a question of consent by the affected clients in the case. He continued to state given the ongoing and extended roles in relation to representation to the City of Salina, his partner responsible for the representation of Restore Properties consulted with the principal of Restore Properties and obtained an indication that they would consent in writing to our representation of the City this matter. He further stated that was what precipitated bringing the question to the Governing Body as a preliminary question. He lastly stated we were following the rules of professional conduct but those rules call for the informed consent of both clients and that was what prompted the discussion. Commissioner Hodges stated that there would be no counsel of Clark, Mize & Linville representing Restore Properties on the matter. Mr. Bengtson stated the law firm did understand there were other capable law firms to represent in the matter. 20-0403 Moved by Commissioner Ryan, seconded by Commissioner Franz, the Governing Body consent to Clark, Mize &Linville's representation of the City in the matter and authorize the City Manager to execute the consent. Aye: (4). Nay: (0). Motion carried. Mr. Schrage stated the original motion contemplated the legal considerations involved in responding to the proposal to purchase real estate owned by the city, as (2) in the motion and there would be a need to go back into executive session to discuss that portion of the motion. 20-0404 Moved by Commissioner Davis, seconded by Commissioner Ryan, to recess into executive session for 25 minutes to discuss the legal considerations involved in responding to the proposal to purchase real estate owned by the City with legal counsel 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 7:50 p.m. Aye: (4). Nay: (0). Motion carried Mayor Hoppock recused himself due to a conflict of interest. The City Commission recessed into executive session at 7:25 p.m. and reconvened at 7:53 p.m. No action taken. Mayor Hoppock returned. ADJOURNMENT 20-0405 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 7:55 p.m. *:7; [SEAL] Michael L. Hoppo ,Mayor Page 10 ATTEST: • Shandi Wicks,CMC,City Clerk Z w c N t N l0 a O O U Page 11