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12-14-2020 Minutes CITY OF SALINA,KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS December 14,2020 4:00 p.m. The City Commission convened via Zoom meeting at 2:30 p.m. for 2021-2025 Water and Wastewater Rates Analysis. 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. via Zoom meeting. Roll call was taken followed by 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 None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing of the Kansas Water Pollution Control Revolving Fund (KWPCRF) (Project No. C20 2049 01) for improvements to the Wastewater Treatment Plant. (5.1a) Resolution No. 20-7895 authorizing the filing of application with the Kansas Department of Health & Environment for a loan under the Kansas Water Pollution Control Revolving Fund Act. Mayor Hoppock opened the public hearing. Martha Tasker, Director of Utilities, explained the loan, project, fiscal impact and action options. Mayor Hoppock asked if the interest rate and loan amount would be locked in soon. Ms. Tasker stated the interest rate was set last month and once the application was submitted, the interest rate and loan amount would be locked in. Mayor Hoppock asked if the full loan amount would be collected and if interest would be paid for the entire amount. Ms. Tasker stated the City would be reimbursed for the dollars spent and only pay interest on the amount reimbursed. Commissioner Franz wanted to clarify that the interest amount paid would be based on the amount reimbursed. Ms. Tasker stated that was correct. There being no further comments the public hearing was closed. Page 1 IF 20-0406 Moved by Commissioner Davis, seconded by Commissioner Franz, to adopt Resolution No. 20- 7895 authorizing the filing of application with the Kansas Department of Health & Environment for a loan under the Kansas Water Pollution Control Revolving Fund Act. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of December 7, 2020. (6.2) Approve Resolution No. 20-7923 accepting the 2020 Salina Land Bank Conveyance Report. (6.3) Approve Resolution No. 20-7920 authorizing the City Manager to renew an agreement for life insurance benefits with MetLife. 1 20-0407 Moved by Commissioner Hodges, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Resolution No. 20-7914 authorizing the Mayor to execute an agreement with Overland Contracting Inc. for Phase 1A of the Wastewater Treatment Plant Improvement Project,Project No. 20028. Martha Tasker, Director of Utilities, explained the agreement, project, fiscal impact and action options. Greg Bengtson, City Attorney, stated the need for participants to announce themselves and the need for roll call vote for the remainder of the meeting according to the Kansas Attorney General's office. Mayor Hoppock asked how the maximum project cost was determined. Ms. Tasker stated she worked with the Kansas Department of Health & Environment to help determine the estimated project cost. She continued to state if the project cost was less than the estimated total,the loan amount would not be less. 20-0408 Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Resolution No. 20- 7914 authorizing the Mayor to execute an agreement with Overland Contracting Inc. for Phase 1A of the Wastewater Treatment Plant Improvement Project,Project No. 20028. Aye: (5) (Davis,Franz, Hodges,Ryan,Hoppock). Nay: (0). Motion carried. (7.2) Resolution No. 20-7922 approving a support letter for the Salina Housing Authority's participation in the Department of Housing and Urban Development's (HUD) Section 18 and RAD Conversion Programs. Lauren Driscoll, Director of Community & Development Services, explained the request, fiscal impact and action options. Holly Knight, BGC Advantage & Phil Knix, Salina Housing Authority Executive Director, provided information from a presentation regarding the request and the participation in the Section 18 and RAD Conversion Programs. Commissioner Davis asked if the overall plan was to more centralize the housing managed by the Salina Housing Authority eliminating housing within neighborhoods and what would the distribution look like ten (10) years from now. Ms. Knight stated there would Page 2 still be housing scattered around town but there would be new housing in blighted areas of town. Commissioner Davis asked of the remaining eliminated housing, would those be replaced with single family housing. Ms. Knight stated they would not necessarily be replaced with single family housing. She continued to state there had to be a benefit for the residents. She further stated there would not be a one (1)for one (1) replacement of the housing. Commissioner Davis asked what the intent was for the conversion. Ms. Knight stated the purpose of the conversion was to get funding that was secure and was on an annual contract basis to replace what was unknown in the current method. Commissioner Davis asked what the options were for maintaining the current housing if the conversion was not an option. Ms. Knight stated the funding was dwindling and it was getting harder to afford the basics. Mr. Knix stated there had been a housing funding shortage for years and the current situation of dwindling money from the federal government would continue to see the properties dilapidated in an increased state. Ms. Knight stated HUD would take care of the residents but would not take care of the units. Commissioner Davis asked if housing would be available for residents that were in rehabilitation. Ms. Knight stated the Salina Housing Authority would accumulate vacant units six (6) months in advance for residents to move to during the rehab period. Commissioner Hodges asked if the housing authority would be looking at specific streets the development would be bounded by within the next ten (10) years. Ms. Knight stated the consolidation would be within the city limits. She continued to state there was not a specific boundary but there was housing on both the north end and south end of the community that were being looked at getting rid of. Ms. Driscoll stated the ability to consolidate the housing to an overall area instead of a spread out area would help the housing authority. Commissioner Hodges asked what role the City Commission had in the conversion of the housing. Ms. Knight stated the board members were appointed by the City Commission and were setting policy on what was best for the housing authority. Greg Bengtson, City Attorney, stated the introductory information in the staff report was intended to be helpful for the City Commission in terms of the relationship with the housing authority. He continued to state the relationship had worked well over time and the housing authority had conducted a successful program largely independently without any direct involvement by the City other than the titling of the housing units. He continued to state the City Commission was the delegating the authority and the delegating authorities could be modified over time and whatever degree of input the Governing Body would like to make was within their purview. Commissioner Hodges stated she received a message from a citizen regarding any City Commissioner involved in real estate not being involved in the sale of the properties and asked how the individual roles of the City Commission were. Mr. Bengtson stated the State law covered that and the City's ethics policy would handle any conflicts of interest in the matter. He continued to state the conflicts of interest would be the same for the board members of the Salina Housing Authority. Commissioner Hodges asked for clarification on the highlighted portion of the Centennial/Indian Hills area. Michael Schrage, City Manager, stated the highlighted area was a portion of Centennial Park. Ms. Knight stated that the area was not under Page 3 consideration. Mr. Schrage stated the remainder of the decisions to be made would be handled by the Salina Housing Authority and would not come back before the City Commission for consideration. Mayor Hoppock asked who the guarantee would be on the bonds for the project. Ms. Knight stated the developer would be responsible for the backing, guarantee and letter of intent. Mayor Hoppock provided his thoughts on the need for clean,safe housing. Commissioner Davis asked how low income housing would be placed so they could utilize neighborhood parks and services. Ms. Knight stated the developers would do what was called knock and talks to talk to neighbors or banks in the area to determine the best neighborhood for the housing. She continued to state a rebranding would be include in the renovation process. Commissioner Franz stated the conversion program covered the 162 current units and not the voucher program. He continued to state the operating flow from the rental supplement was minimal and if the fuel for the maintenance trucks took the operating expenses down even lower, he asked were the money came from to pay the debt. Ms. Knight stated the money to pay the debt would be the tax credit equity and payments would only be paid to the sales note would only be paid based on current cash flow. She continued to state the subsidy would remove the vouchers and there would be replacement vouchers issued in addition to the current vouchers and would be called project based vouchers. Mayor Hoppock asked what Commissioner's Franz concern was on the debt. Commissioner Franz stated he would hate to see the project move down the road if there would potentially be debt in the future. A conversation ensued between Mr. Bengtson, Ms. Knight and Mr. Knix regarding the financing and debt responsibility of the various parties included on the Salina Redevelopment Homes organizational chart,the seller takeback note and the expectation in the City of Salina or Salina Housing Authority being responsible for the project. Eric Brown, Salina Area Chamber of Commerce President and Salina Housing Authority Board Member, provided information on the housing challenges in Salina and rehabilitating housing stock in the community. 20-0409 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to adopt Resolution No. 20- 7922 approving a support letter for the Salina Housing Authority's participation in the Department of Housing and Urban Development's (HUD) Section 18 and RAD Conversion Programs. Aye: (5) Davis,Franz,Hodges, Ryan,Hoppock. Nay: (0). Motion carried (7.3) Authorize the purchase of several items to be maintained, stored and utilised by the Salina Police Department. Brad Nelson, Police Chief, provided information on the request, fiscal impact and action options. Commissioner Davis asked if the maintenance would be relatively low that the him department's budget could handle. Chief Nelson stated the maintenance would be low especially in the first five (5) years. Page 4 Commissioner Franz provided his thoughts on building the picnic area at the training facility and would like a shelter at Jerry Ivey Park to be enhanced for the department's use and possibly name the shelter after John Charley Stonebraker who was killed in the line of duty. Commissioner Davis asked if the picnic shelter was a canvas top shelter. Chief Nelson Q_ stated it was a permanent structure similar to that in Jerry Ivey Park. Chief Nelson stated the intent was to allow the officers to have events within the department without being in the public eye. Commissioner Hodges stated she did not have an issue putting a shelter at the training facility but it was disingenuous to promote it as public outreach. She continued to state the facility had limited access to the public. She further thanked the Police Department Excellence Fund and the Wilson Family Trust for their generosity. Commissioner Davis stated it would be a good location for officers to rest and relax at the facility. Chief Nelson stated the idea came from the officers and they wanted to be at a location that would allow them to comingle without attention of the public. 20-0410 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve the construction of the picnic shelter and purchase the training mat, enclosed cargo trailer and utility terrain vehicle to be paid in full by the Salina Police Department Excellence Fund. Aye: (5) Davis, Franz, Hodges, Ryan,Hoppock. Nay: (0). Motion carried. Commissioner Ryan asked if any of the shelter houses at Jerry Ivey Park were currently named and if they were not, maybe one could be named after Officer Stonebraker. Michael Schrage, City Manager, stated the shelters were not named and could be named. Commissioner Ryan provided his thoughts on the possibility of allowing the naming of the shelters in the future and use of the shelter by the police department for events as well as the new picnic shelter. Mr. Schrage stated staff could look at the possibilities. (7.4) Second reading Ordinance No. 20-11046 adopting new Article IV, Chapter 30 of the Salina Code pertaining to the establishment and operation of the Citizen Review Board. Mayor Hoppock asked if a Commissioner had any questions regarding the amendments of the ordinance. Commissioner Davis provided his thoughts on the deadline of the Expression of Interest (EOI) forms for the board when the board establishment was not even complete. Mayor Hoppock would like the item to be discussed under Other Business. Commissioner Hodges provided her thoughts on opening up the EOI form acceptance at an early timeframe and wanted to know why the timeline was shortened. Mayor Hoppock stated the news release for the Citizen Review Board was sent out separately without a deadline and a deadline was established under a separate board notice. Commissioner Davis provided his thoughts on the deadline of the EOIs and the creation of the board. Commissioner Hodges provided her thoughts on the current Law Enforcement Advisory Board and stated she was not able to tell citizens on the parameters on the board and when two they would meet. She continued to state if something more collaborative needed to be done to appoint members of the board that was a possibility. She continued to state she would like to postpone the second reading to address the concerns of the Governing Body. Page 5 Mr. Schrage stated the City Commission voted and instructed staff to solicit EOI's. He continued to state he was slow in doing that to allow the information through Governing Body action on the creation of the board to develop to include in the application for solicitation. 2 Z Commissioner Davis provided his thoughts on the makeup of the board and the lack of w knowledge if a citizen was a relation to a police officer. A conversation ensued between the City Commission and Mr. Schrage regarding the 11 solicitation of the EOI's for the board. Jon Blanchard, Salina, NAACP Treasurer, provided his thoughts on solicitation of applications for the board and the process of appointing members of the community to the board. Bryan Frazier, Salina, provided his thoughts on the deadline for solicitation of applications and the creation of the board. Greg Bengtson, City Attorney, stated he inadvertently missed adding the words Law Enforcement to the title and the publication summary before Citizens Review Board. He continued to state he did not think it was necessary to make an amendment. 20-0411 Moved by Commissioner Davis, seconded by Commissioner Hodges, to extend the submission deadline for the Citizens Review Board back to January 4th. Mayor Hoppock accepted responsibility in the confusion and stated there was enough confusion that he agreed the deadline should be moved to January 4th. ...... A roll call vote was taken. Aye: (5) Davis, Franz, Hodges, Ryan, Hoppock. Nay: (0). Motion carried. 20-0412 Moved by Commissioner Davis, seconded by Commissioner Franz, to adopt Ordinance No. 20- 11046 adopting new Article IV, Chapter 30 of the Salina Code pertaining to the establishment and operation of the Citizen Review Board on second reading. Commissioner Davis asked if there was any thought on the terms of the board members or if that would be left up to the Mayor's discretion. Mr. Schrage stated there was a provision in the ordinance for the varied terms but the terms of the members would need to be determined as part of the appointment process. Mr. Bengtson stated the Mayor making the appointments would make the designations with the City Commission providing their thoughts on the decision. Commissioner Hodges stated she was grateful to her fellow commissioners, to the members of the community, the previous Law Enforcement Advisory Board for the time spent on the issue and allowed the already strong and functioning Police Department to not only be satisfied with the job they were doing but to push forward and push to be better and exercise their desire to be better and hoped the board would function well and stated she still had some concerns that ran the risk of potentially compromising the ordinance under Section 30-83. (Membership) a member of the police department serving as a voting board member and Section 30-93 the board having enough IL autonomy to hold an executive session without the police chief's presence. She stated it was going to be a very reluctant no vote but hoped it would be a productive, relevant, transparent, trust building board for the community that will serve us in the years to come. Page 6 A roll call vote was taken. Aye: (4) Davis, Franz, Ryan, Hoppock. Nay: (1) Hodges. Motion carried. (7.5) Resolution No. 20-7911 amending fees in the 2021 Comprehensive Fee Schedule related to Ambulance Fees. Debbie Pack, Director of Finance & Administration, explained the amended fees, fiscal N impact and action options. Commissioner Davis asked what the percentage of cash payments was. Ms. Pack stated if a person accepted assistance through the hospital, the City accepted that recommendation 0 (") which was typically the Medicaid rate. She also stated she was not aware of the percentage but could get that information for the commission. 20-0413 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to adopt Resolution No. 20- 7911 amending fees in the 2021 Comprehensive Fee Schedule related to Ambulance Fees. Aye: (5) Davis,Franz,Hodges,Ryan,Hoppock. Nay: (0). Motion carried (7.6) 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. Natalie Fischer, Director of Human Resources, explained the renewal, fiscal impact and action options. Michael Schrage, City Manager, recapped the renewal, fiscal impact to maintain the current coverage and prescription coverage options. Commissioner Davis asked for the pharmacy stop loss,would the deductible be met with a $2,000 payment or what the combined exposure would be with the existing plan. Ms. Fischer stated if the City moved to the new plan, medical would continue at $2,000 but there would be a $5,000 out of pocket for prescription coverage. She continued to state with the current plan, an individual would either have an out of pocket for $6,150 for prescription with the$2,000 deductible met with a total of$8,150. She continued to state for a family, the prescription with the medical out of pocket would be$12,400. A conversation ensued between the City Commission, Ms. Fischer and Mr. Schrage regarding out of pocket costs for prescription and medical, Tria Health agreement and medical and prescription stop-loss. Bob Charlesworth, Charlesworth Consulting, LLC, provided information on the prescription coverage through Blue Cross Blue Shield of Kansas and the deductibles for both prescription coverage and medical coverage. Mayor Hoppock provided his thoughts on the coverage options. Mr. Charlesworth provided information on the current prescription company. Commissioner Davis asked if Tria Health reviewed the drug prior to it first being filled. Mr. Charlesworth stated Tria Health would be involved after the prescription was filled the first time. Mr. Schrage explained the action options. Commissioner Hodges asked which coverage option would have a lower out of pocket for the employee. Ms. Fischer stated option#2. Page 7 Ms. Fischer asked if a plan amendment could be made with Elixir below the affordable care act maximums. Mr. Charlesworth stated yes but it had to be below the affordable care act maximum. A conversation ensued between the City Commission and Mr. Schrage regarding the coverage options and out of pocket costs. Commissioner Franz asked if the difference was in the administrative fees and stop loss. Ms. Fischer stated yes. Commissioner Franz asked how the census number of 474 was established. Ms. Fischer 79, stated she thought at the time the renewal documents were created that was the census. 20-0414 Moved by Commissioner Davis, seconded by Commissioner Hodges, to adopt 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 with the 50/50 cost share plan structure and adding prescription benefit management with Prime Therapeutics. Aye: (5) Davis, Franz, Hodges, Ryan, Hoppock. Nay: (0). Motion carried. (7.7) Resolution No. 20-7919 amending the City of Salina personnel manual. Natalie Fischer, Director of Human Resources, explained the amendments, fiscal impact and action options. Michael Schrage, City Manager, asked staff to explain the function of Human Resources (HR) in managing employee's vacation cap. Ms. Fischer stated HR staff would calculate the vacation usage and anyone that had a balance above the cap, staff would pay those employees, in a separate payroll, so they do not forfeit the money. She continued to state a few employees had grandfather caps and anyone who had hours over their specific cap, HR staff would Commissioner Franz asked if someone had a grandfather cap, HR staff would allow them to keep that cap and not pay down to the next cap. Ms. Fischer stated yes. Commissioner Franz stated it was his understanding that there were several employees that, every year that lose vacation or don't get paid for it because they do not go to HR to ask. Ms. Fischer stated or an employee would ask but maybe forget to submit the buyback form or they worry about the vacation they have to use and do not look at their pay stub or ask and fail to submit a buyback form. 20-0415 Moved by Commissioner Franz, seconded by Commissioner Davis, to adopt Resolution No. 20- 7919 amending the City of Salina personnel manual. Aye: (5) Davis, Franz, Hodges, Ryan, Hoppock. Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Resolution No. 20-7918 authorizing the Mayor to execute an amended and restated Small Cell Master License Agreement with USCOC Nebraska/Kansas,LLC. Dean Andrew,Director of Planning, explained the amendments and action options. 111 Ana Ruge-Rodela,US Cellular,explained the requested changes pertaining to the fees. 20-0416 Moved by Commissioner Hodges, seconded by Commissioner Davis, to adopt Resolution No. 20- 7918 authorizing the Mayor to execute an amended and restated Small Cell Master License Page 8 Agreement with USCOC Nebraska/Kansas, LLC. Aye: (5) Davis, Franz, Hodges, Ryan, Hoppock. Nay: (0). Motion carried. OTHER BUSINESS Z (9.1) Request for executive session(legal). I move the city commission recess into executive session for _ minutes to discuss legal considerations related to the City's obligation to fund the 2020 transportation services grant under the City's agreement with OCCK for funding public transportation services with legal counsel based upon the need for consultation a 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. 20-0417 Moved by Commissioner Davis, seconded by Commissioner Hodges, to recess into executive session for 20 minutes to legal considerations related to the City's obligation to fund the 2020 transportation services grant under the City's agreement with OCCK for funding public transportation services 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 9:00 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed for a 6 1/2 minute recess at 8:33 and into executive session at 8:40 p.m. and reconvened at 9:00 p.m. No action was taken. Also present in executive session: Debbie Pack, Director of Finance and Administration; Mike Schrage, City Manager; Greg Bengtson, City Attorney; and Jacob Wood, Deputy City Manager 20-0418 Moved by Commissioner Davis, seconded by Commissioner Ryan, to recess into executive session for 15 minutes to legal considerations related to the City's obligation to fund the 2020 transportation services grant under the City's agreement with OCCK for funding public transportation services 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 9:20 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 9:05 p.m. and reconvened at 9:20 p.m. No action was taken. Also present in executive session: Debbie Pack, Director of Finance and Administration; Mike Schrage, City Manager; Greg Bengtson, City Attorney; and Jacob Wood, Deputy City Manager (9.1a) Possible action to follow. Mayor Hoppock stated there was not action to be taken at this time. Commissioner Davis mentioned the need for City Manager's performance review and re- establishing City Commission pay. Michael Schrage, City Manager, stated all employees were re- Page 9 established and he would try to find examples of performance evaluations from the City Manager's association to forward to the City Commission. ADJOURNMENT 20-0419 Moved by Commissioner Davis, seconded by Commissioner Hodges, that the regular meeting of W the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 9:21 p.m. 0 [SEAL] Michae L. oppo ,Mayor ATTEST: IOUAOL (1°( r Shandi Wicks,CMC, City Clerk Page 10