10-24-2011 Minutes1
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
October 24, 2011
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session on the Cultural Plan Update. The
Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City -
County Building. A roll call was taken followed by the Pledge of Allegiance and . a moment of
silence.
There were present:
Mayor Samantha P. Angell, Presiding Officer
Commissioner Kaye J. Crawford
Commissioner Aaron Householter
Commissioner Norman Jennings
Commissioner Barb Shirley
comprising a quorum of the Board, also :resent:
Jason A. Gage, City Manager
Greg Bengtson, City Attorney
Lieu Ann Elsey, City Clerk
CITIZEN FORUM
Guy Reinbold, 715 E. Neal, stated that he had thought there was an agreement regarding
the streetlights on South Ninth. Street where every other one was to be on in an effort to
make the cost more economical. .
AWARDS AND PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULE D FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of October 17, 2011.
(6.2) Authorize the Mayor to sign an agreement with the Kansas Department of Transportation
to exchange federal funds for the. East Magnolia Improvements, City Project No. 10-2808.
(6.3) Award of contract for the replacement of roof system membranes on the Public Works
vehicle barn and Memorial Hall to Arrow Roofing & Sheet Metal in the amount of $31,394
and $18,869.
(6.4) Authorize the purchase of a 2016, Ford Crown Victoria police package vehicle from Philpott
Motors, Ltd., in the amount of $21,715.
Moved by Commissioner Shirley, seconded by Commissioner Jennings, to approve the consent
agenda as presented. Aye: (5). Nay: (0), Motion carried.
DEVELOPMENT BUSINESS
None.
ADMINISTRATION
(8.1) Authorize staff to commence r.egotiations of a contract with Global Spectrum for- the
private management and operation of the Bicentennial Center.
Jason Gage, City Manager, explained the open records regulations specifically dealing with
trade secrets and that what was characterized in the Salina Journal was not accurate. Mr.
Gage continued to explain the Bicentennial Center's financial status, tirneline of requesting
qualifications, proposals received, review process and performance factors. He also
elaborated on the City of Saliva's past and present support to the Community Theatre,
Salina Arts Center and the Stiefel'Theatre.
Commissioner Shirley commewed that she noticed that Global Spectrum visiting and
meeting with community leaders and individuals and wondered if any of the other
companies did so. Mr. Gage re"ponded that he knew that Global Spectrum did, but was
not sure about the others.
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Rick Hontz, Global Spectrum, c�)rifirmed that they did come and met with community
members and past and present Bicentennial Center employees, current and potential
sponsors, current users, and promoters. He continued to explain that he had tried to
contact Jane Gates with the Stiefel Theatre on a few occasions and they were not returned.
Mr. Hontz then informed the ,Commission on his company's mission, goals for the
Bicentennial Center, and community collaboration. Mr. Hontz then responded to Mayor
Angell's question on how often lie goes to the buildings he manages.
Mr. Gage commented on the regional management structure used by all companies
submitting a proposal.
Christopher Kruep, 438 Mercu-y, expressed his concerns regarding the Bicentennial
Center's current policy regarding seating requirements and use of mosh pits. Mr. Kruep
then questioned why Live Nation was not contacted and expressed the importance of
personal experience in running z arena and why he felt that the Bicentennial Center has
not been successful.
Mayor Angell responded by outlining the reasons why the City Commission was
considering the option of using a private management company.
Mr. Kruep then questioned if the credentials of the company being selected were checked
and whether the current Bicentennial Center's policies would be changed.
Commissioner Jennings commented future management of the Bicentennial Center and use
of sales tax funds.
Mr. Kruep then expressed his cor.cerns regarding upper City management interference.
Mr. Gage clarified that Live Nation was a promoter, not a facility management company
and the City of Salina's insurance carrier's recommendation on mosh pits.
A discussion followed between Tom Kruep, 438 Mercury, Mr. Gage, and Commissioner
Householter regarding the use `of nosh, pits. Specifically Mr. Kruep wanted to know
whether the current policy would be changed.
Michael Spicer, Salina Com —hui- ity Theatre, thanked the City of Salina for their past
support and expressed the importance of cultural art. Mr. Spicer continued by stating that
he was confident that the City �,vill keep the Community Theatre's best interest in mind,
and the other entities would still -be viable.
Jane Gates, Stiefel Theatre, expressed that she is proud of the cultural life within the
community. She continued to express her concern of the financial status of the Stiefel and
how this would affect them. ` -As. Gates felt that VenuWorks was a better fit for the
Bicentennial Center and that Vc nuWorks have expressed their willingness to work with
them if chosen.
Joe Briglia, VenuWorks, coinriented oh. the selection process, current use of the
Bicentennial Center, and the economic impact. Mr. Briglia felt that their company was a
better fit because they are sma iter and work with small budgets. He then urged the
Commission to requester a Performa from each of the companies that sent in qualifications
so they can be reviewed prior to overning body making a decision.
A discussion continued between the Commission, Mr Hontz, Mr. Briglia, and Mr. Gage on
their proposals, missions, management fees, competitive aspects, community collaboration,
bid specifications, requesting a Performa, booking of events, insurance requirements, and
the companies' past experiences at different locations.
Sylvia Rice, Chamber of Commerce, responded to the Commissions questions regarding
booking conventions and the market. Commissioner Jennings asked Ms. Rice what was her
feelings on staff's recommendation. She confirmed that she agreed with staff that any of
the companies would be able to aerform, and also agreed with staff's recommendation on
the selected company.
Mr. Gage stated that staff was :'onfident in the recommendation and they may want to
consult with legal counsel if con,idermg on requesting financial information
Moved by Commissioner Jennings, s^conded by Commissioner, Aouseholter, to recess into
executive session for 10 minutes to discuss confidential data relating to the financial affairs and
trade secrets of a corporation for the' reason that public discussion of the information would
competitively disadvantage the corporation and reconvene at 6:25 p.m. Aye: (5). Nay: (0). Motion
carried.
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Moved by Commissioner Jennings to authorize to negotiate a contract for the private management
and operation of the Bicentennial Center with Global Spectrum. Motion failed due to lack of a
second.
Moved by Commissioner Householter, seconded by Commissioner Shirley, to postpone the item
until November 7, 2011. Aye: (3). Nay: (2) Jennings, Angell. Motion carried.
Mr. Gage then suggested that the Commission consult with legal counsel regarding
communications between the companies and them between now and November 7, 2011.
Moved by Commissioner Householter, seconded by Commissioner Shirley, to recess into executive
session for five minutes to discuss with legal counsel matters subject to the attorney-client
privilege for the reason that public discussion of those matters would waive the privilege and
adversely affect the City's interest in the matters and reconvene at 6:35 p.m. Aye: (5). Nay: (0).
Motion carried.
Mayor Angell clarified that the postponement is to allow Commissioner Householter time
to review the proposals that have been submitted and that the Commissioners were to have
no contact with representatives of the companies that have submitted proposals.
(8.2) Authorization to extend the current Interlocal Disposal Agreement with McPherson Area
Solid Waste Utility until December.
Michael Fraser, Director of Public Works, explained the current agreement and the
extension.
Moved by Commissioner Householter; seconded by Commissioner Shirley, to authorize the
extension of the current Interlocal Disposal Agreement with McPherson Area Solid Waste Utility
until December. Aye: (5). Nay: (0). Motion carried.,
(8.3) Award of architectural contract -for the remodel of the Police Administration Building
converting a basement storage room into a women's locker room, Project No. 11-2566 (to
DMA Architects in the amount of $12,500).
Dion Louthan, Director of Parks and Recreation, explained the project and funding.
Moved by Commissioner Jennings, seconded by Commissioner Shirley, to award the architectural
contract for the remodel of the Police Administration Building, Project No. 11-2566 to DMA
Architects in the amount of $12,500. Ayer. (5). Nay: (0). Motion carried.
(8.4) Second reading Ordinance No. 11-10621 amending Chapter 38, Article III of the Salina
Code by adding Division 2 pertaining to towing and storage of vehicles.
Mayor Angell noted that Ordin�nce No. 11-10621 was passed on first reading on October
10, 2011 and that second reading; of the ordinance was postponed from the October 17, 2011
meeting to allow staff to reviews, tate statutes relating to private property.
Moved by Commissioner Shirley, seconded by Conunissioner Jennings, to adopt Ordinance No.
11-10621 on second reading. A roll call 'Vote was taken. Aye: (5) Crawford, Householter, Jennings,
Shirley, Angell. Nay: (0). Motion carried.
OTHER BUSINESS
None.
ADJOURNMENT
Moved by Commissioner Householter seconded by Commissioner Shirley, that the regular
meeting of the Board of City Commiss=oners be adjourned. Aye: (5). Nay: (0). Motion carried.
The .meeting adjourned at 6:40 p.m.
[SEAL]
A TEST:
Lieu Ann Elsey, CMC, Ci lerk
Samantha P. Ang&ll, Mayor
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