10-07-2019 Minutes CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
October 7,2019
4:00 p.m.
The City Commission convened at 2:30 p.m. for Recycling Update and at 3:45 p.m. for Citizens
Forum at City-County Building, Room 107.
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
8 silence.
Those present and comprising a quorum: Mayor Trent W. Davis, M.D. (presiding), Commissioners
Melissa Rose Hodges, Mike Hoppock and Karl Ryan.
Also present: Michael Schrage, City Manager; Jacob Wood, Deputy City Manager; Greg Bengtson,
City Attorney;and Shandi Wicks, City Clerk.
Absent: Commissioner Joe Hay,Jr.
Mayor Davis asked the Clerk for verification that notice had been sent for today's City
Commission meeting. The Clerk replied yes.
AWARDS AND PROCLAMATIONS
(3.1) The month of October, 2019 as "National Arts and Humanities Month" in the city of
Salina. Brittany Riffel, Arts & Humanities Commission Chair, read the
proclamation. Anna Pauscher, Arts Education Coordinator, and Kay Quinn,
Marketing& Development Coordinator, announced associated events.
(3.2) The week of October 6-12, 2019 as "Fire Prevention Week" in the city of Salina. Fire
Chief Kevin Royse read the proclamation and announced associated events.
(3.3) The month of October, 2019 as "Community Planning Month" in the city of Salina.
Greg Lenkiewicz, Planning Commission Chair, read the proclamation and
announced associated events.
(3.4) The day of October 12, 2019 as "Serving Our Veterans With Aloha" day in the city
of Salina. Kathy McCandless, Lt. Col. John Riddell Post 1432 VFW Auxiliary, read
the proclamation and announced associated events.
(3.5) The month of October, 2019 as "Bullying Prevention Month" in the city of Salina.
Libby Kierscht and Daniel Green read the proclamation and announced associated
events.
CITIZENS FORUM
Phil Black, Solid Waste Management Committee board member, provided information on
an article relating to climate change.
Dave Clintsman, 872 Birch Drive, thanked the audience for being here today and handed
out an invitation to the City Commission and audience members from The Friends &
Families of Centennial Park to attend a special public meeting in regards to Centennial
Family Park & Recreation Area at Calvary Apostolic Church (east of Sunset School) on
Tuesday, October 8, 2019 at 6:30 p.m.
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James Bowden, 1111 E. Iron, thanked Commissioner Hodges for putting the agenda on
social media and asked that the agenda, minutes and meeting summary be put on social
media by the City Commission as a whole. He continued to provide his thoughts on
recycling and proposed a Sustainability & Community Resilience Advisory Board and
asked for direction on the creation of a new advisory board. Mayor Davis asked for the
E name of the proposed board and stated that information on the creation of a new board
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could be provided.
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B Norman Mannel,Salina,provided his thoughts on recycling.
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Deborah Corrales provided her thoughts on the pit bull ban. Commissioner Hodges asked
if a reconsideration of the pit bull ban would be in a few weeks. Michael Schrage, City
Manager, stated that staff planned to bring an item to the City Commission on the pit bull
ban along with an item relating to support animals.
Tonya Greer, Salina, provided her thoughts on recycling and would like the community to
have recycling bins at every residence. She continued to provide her thoughts on the pit
bull ban.
Rita LaShelle asked if the City Commission had done their own research on pit bulls and
provided information on pit bulls.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
1 CONSENT AGENDA
(6.1) Approve the regular meeting minutes of September 23, 2019.
(6.2) Approve the special meeting minutes of September 30, 2019.
(6.3) Approve Resolution No. 19-7729 authorizing the city manager to permit the
Muscular Dystrophy Association (MDA) to solicit within the City's rights-of-way
utilizing off-duty firefighters on October 11-13, 2019
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19-0288 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to approve the consent
agenda as presented. Aye: (4). Nay: (0). Motion carried.
: ADMINISTRATION
(7.1) Amending the Future Land Use Map in the Salina Comprehensive Plan to show the
future land use designation of six lots on the north side of Claflin Avenue and four
lots on the south side of Kirwin Avenue west of South Fourth Street as Public/Semi-
Public instead of Urban Residential in order to be consistent with a U (University)
district zoning designation.
(7.1a) Second reading Ordinance No. 19-11014.
Mayor Davis noted that Ordinance No. 19-11014 was passed on first reading on September 23,
2019 and since that time no comments have been received.
I19-0289 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to adopt Ordinance No.
19-11014 amending the Future Land Use Map in the Salina Comprehensive Plan to show the future
land use designation of six lots on the north side of Claflin Avenue and four lots on the south side
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of Kirwin Avenue west of South Fourth Street as Public/Semi-Public instead of Urban Residential
in order to be consistent with a U (University) district zoning designation on second reading. A
roll call vote was taken. Aye: (4) Hodges, Hoppock, Ryan, Davis. Nay: (0). Motion carried.
(7.2) Changing the zoning district classification of six lots on the north side of Claflin
Avenue and four lots on the south side of Kirwin Avenue west of South Fourth
W Street, that are owned by Kansas Wesleyan University, from R-1 (Single-Family
N Residential), R-2 (Multi-Family Residential) and R-3 (Multi-Family Residential) to U
(University) district.
is
B (7.2a) Second reading Ordinance No. 19-11015.
. Mayor Davis noted that Ordinance No. 1941015 was passed on first reading on September 23,
2019 and since that time no comments have been received.
19-0290 Moved by Commissioner Hodges, seconded by Commissioner Ryan, to adopt Ordinance No. 19-
11015 Changing the zoning district classification of six lots on the north side of Claflin Avenue and
four lots on the south side of Kirwin Avenue west of South Fourth Street, that are owned by
Kansas Wesleyan University, from R-1 (Single-Family Residential), R-2 (Multi-Family Residential)
and R-3 (Multi-Family Residential) to U (University) district on second reading. A roll call vote
was taken. Aye: (4) Hodges, Hoppock, Ryan, Davis. Nay: (0). Motion carried.
(7.3) Resolution No. 19-7747 authorizing the Mayor to execute a license agreement with
Clark, Mize & Linville Chartered for the cooperative placement and maintenance of
landscape planters in the Eighth Street right-of-way.
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Greg Bengtson, City Attorney, stated that Clark, Mize & Linville Chartered had no
involvement in the creation of the documents but only were provided a copy of the
document. He continued to explain that he was a member of Clark, Mize & Linville
Chartered and would recuse himself for this agenda item. He further stated the agreement
would be signed by Pete Peterson who is the treasurer of the firm since he was the current
president of the firm.
Dean Andrew, Director of Planning, explained the request, affected public and franchise
utilities and action options.
Commissioner Hodges asked if the license agreement ran with the parcel and if any future
owners would be required to maintain the planters. Mr. Andrew stated the signed,
executed agreement would be recorded at the Register of Deeds office and if there was
change in ownership, the new owner would be required to perform the same tasks. He also
noted that there was a condition in the agreement that the City Commission could
terminate the agreement.
Commissioner Hodges asked if the agreement was terminated by either party, would the
City of Salina be responsible for maintaining the planters. Mr. Andrew stated that if the
agreement was terminated the property owner would be required to remove the planters at
the cost of the owner.
I19-0291 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to adopt Resolution No.
19-7747 authorizing the Mayor to execute a license agreement with Clark, Mize & Linville
Chartered for the cooperative placement and maintenance of landscape planters in the Eighth
Street right-of-way. Aye: (4). Nay: (0). Motion carried.
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(7.4) Consider request of the Salina Innovation Foundation for the use of 575,000 for the
first phase of the roof repairs.
Jacob Wood, Deputy City Manager,explained the request, fiscal impact and action options.
Mayor Davis asked if there were any special regulations on allocations of money for this
type of request. Michael Schrage, City Manager, stated there was a history that predated
him on roof repairs that were funded by the City of Salina.
Commissioner Hodges asked if they had re-applied for the grant. Mary Landes, Salina
= Innovation Foundation Executive Director, stated she had been working with Doug
McKinney, North Central Regional Planning Commission, on reapplying for the grant and
would be notified of the award in February, 2020. She continued to provide information on
the damage to the building, historic backdrops, and a fundraiser event planned in the
future.
Commissioner Hodges asked if the insurance company was in favor of using the 565,000 in
insurance claims as part of the matching funds. Ms. Landes stated that the 565,000 could be
used as part of the matching funds and hoped that additional funds raised could go to that
as well.
Commissioner Hoppock asked what type of damage was done to cause the insurance
claim. Ms. Landes stated hail damage. She continued to state that$120,000 was paid out to
the masons and was fraudulently used and was not used for the roof.
Commissioner Hoppock asked how the money would be released from the insurance
company. Ms. Landes stated that the contractor would have to submit their invoices to the
insurance company directly for reimbursement.
Commissioner Hoppock asked what type of roof material was used. Ms. Landes stated it
was a PVC roof and the current roofing material would be removed and the contractor
would reinstall the PVC roof for that portion of the roof and there would be a 15 year
warranty on that portion of the roof.
Commissioner Hodges stated that there had been events on the roof in the past and asked
how that would be handled in the future. Ms. Landes stated that she initially wanted to get
the history of the building out to the community and having tours of the building including
on the roof were performed. She continued to state that she thought they could continue to
use the roof but in smaller groups of people.
19-0292 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to approve the request from
the Salina Innovation Foundation for the use of 575,000 for the first phase of the roof project.
Commissioner Ryan provided his thoughts on the request.
Mr. Schrage stated that the City of Salina owned the Stiefel Theatre building at the time their roof
replacement request was made,but the building was then transferred to the foundation.
Commissioner Hodges provided her thoughts on the request.
Commissioner Hoppock provided his thoughts on the request.
Mayor Davis called the question: Aye: (4). Nay: (0). Motion carried.
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(7.5) Resolution No. 19-7744 authorizing the Mayor to enter into an agreement with
Community Access Television of Salina, Inc. dba Salina Media Connection (SMC)
for public, educational, and governmental television programming services through
a public access channel and a governmental/educational access channel.
Jacob Wood, Deputy City Manager, explained the request, agreement, fiscal impact and
action options.
,R Mayor Davis asked if the $1.2 million dollar amount was a one-time payment. Michael
Schrage, City Manager, stated that $1.2 million dollar estimation was a one-time ongoing
value of the channel.
Mayor Davis asked if the remaining amount should be higher than $227,000. Mr. Schrage
stated yes, it should be$327,630.
Mayor Davis asked if the agreement in 2015 included closed captioning all along. Mr.
Wood stated it was for training of the staff at SMC.
Commissioner Hodges asked if the FCC decision would create a rubric. Mr. Schrage stated
that the FCC guideline did not include when it would be done.
Commissioner Hodges asked who owned the equipment in the room. Mr. Wood stated the
City of Salina purchased the equipment originally and turned over to SMC and the City of
Salina would be responsible for purchasing the new equipment.
Commissioner Hoppock asked if the City of Salina would be responsible for the new
equipment or SMC. Mr. Wood stated the new equipment could be purchased by the City of
Salina or SMC. He continued to state that new equipment to meet the new agreement was
intended to be purchased by SMC. Mr. Schrage provided additional information on the
ownership of the current equipment.
Commissioner Hoppock asked what we owe the public as far as broadcasting. Mr. Schrage
stated he was not sure that there was a requirement but more what our preference was. He
continued to state it was common for communities our size to have the meetings available
on television.
Mayor Davis asked what targets would need to be met. Mr. Wood stated there was no
baseline data to base anything from.
Mayor Davis asked where the equipment would need to be returned to. Mr. Schrage stated
if SMC could determine the equipment purchased by grants, they could retain that
equipment and City of Salina would have to look at what we have and what its value was.
Commissioner Ryan asked, if a person simply clicked on the YouTube link for a video, does
that count as a "view" or does the person have to actually watch the entire video for it to
add to the "view" count. Mr. Wood stated he was not sure but could do some research to
find an answer.
Greg Stephens, SMC Board Chairperson, provided information on the creation of SMC, the
work over the last several months, additional information on the FCC decision, and the
needed equipment SMC intended to purchase. He also clarified information that was
provided in the agenda packet.
Commissioner Hoppock asked how the community would know where to access the
information on SMC. Mr. Stephens stated a better job of marketing needed to be done and
he provided information on how staff was currently working on marketing the
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information.
Commissioner Hoppock asked if the new contract in one year renewals would be
detrimental to hiring an executive director. Mr. Stephens stated it was a detriment to hiring
an executive director and stated that SMC would be able to raise funds to help with the
Z salary of the executive director.
Commissioner Hoppock stated his concerns of SMC regarding their board and staff.
Mr. Stephens stated that if the public was making a show, they could take it to SMC and
put it on the air for little to no cost.
79,
0 Commissioner Hoppock asked if there were any guidelines to what the show content was
to be. Mr. Stephens stated it could not have any commercials. He continued to state that
KSN utilized the studio on a regular basis.
Mayor Davis stated that the City of Salina really didn't have a year if they do not intend to
renew or renegotiate the contract. He continued by asking what Mr. Stephens thought SMC
could accomplish by June 30th. Mr. Stephens stated new equipment at SMC that allowed
for closed captioning.
Mayor Davis asked how staffing was to post the meetings within 48 hours. Mr. Stephens
stated that the meetings currently were being posted in 24 hours even though the contract
stated within 48 hours. He continued to provide information on the self-reporting
condition of the contract.
Mayor Davis stated from the outside looking in, it looked like rocky seas for the board. He
then asked how stable was the board now and was there any problem with the board
before and currently that should cause the City Commission concern in being able to
deliver the pieces of the contract. Mr. Stephens stated the board had not been a working
board for a long time but there are new board members that were working board members.
He continued to state some of the turnover was personnel related and he would not go into
specifics but thought the board had done what needed to be done.
Mayor Davis asked if there was a plan to reengage the past board members or volunteers.
Mr. Stephens stated there was no intent to not include anyone, the past board members and
volunteers were still welcome to participate.
Mayor Davis provided his thoughts on the services of SMC.
Mayor Davis asked if the SMC board was engaged in fundraising. Mr. Stephens stated a
better job was done in fundraising.
Commissioner Ryan asked if it could get back to utilizing community members to help
create content. Mr. Stephens stated they moved away from volunteers and moved to staff
driven organization in the not so recent past, but there was a need for volunteers and had
some ideas to explore local content once every two weeks.
Commissioner Hoppock asked if Mr. Stephens would not have been available and stepped
up, where would we be now. Mr. Stephens stated that he was thinking about going off the
board at the beginning of the year but had a real passion for media. He continued to
provide information on the staff of SMC.
Commissioner Hodges asked if we had contemplated cross promoting SMC and adding a
rotating banner on the City's website. Mr. Stephens stated it would be real beneficial and
once the new equipment was installed, it would be easier to post the SMC information on
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the City's website. He continued to state that it would be a benefit to have a commission
member or staff member on the SMC board.
Mayor Davis asked if'a commission member had been on the SMC board in the past. Mr.
Schrage stated there was a provision for it but it had not been utilized.
Mr. Schrage stated that if a vision was intended to be included in the agreement that would
need to be communicated as part Of the agreement.
E : Nancy Klostermeyer, 660 S. Santa Fe, stated there was an active board at SMC and there
was a new energy and a lot that would be happening at SMC.
Bruce Lacy, 449 Claremont Drive, provided information on his history in Salina and his
passion for the SMC.
Phil Black, 504 Spruce, provided information on his history at SMC and the need for
oversight on the contract with SMC.
Mayor Davis stated he would like an inventory of the equipment and a provision for a staff
member or commission liaison added to the agreement. Mr. Schrage stated that any items
that the commission felt needed to be added to the agreement would need to be
communicated today.
• Commissioner Ryan provided his thoughts on the transmission of the City meetings and a
decrease of funding to SMC.
A conversation ensued between the City Commission, Mr. Schrage and Mr. Wood
regarding the transmission of the City meetings and the funding to SMC.
Commissioner Hodges provided her thoughts on the new agreement and the funding to
SMC.
Commissioner Hoppock provided his thoughts on the new agreement.
19-0293 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, to adopt Resolution No.
19-7748 authorizing the Mayor to enter into an agreement with Community Access Television of
Salina, Inc. dba Salina Media Connection (SMC) for public, educational, and governmental
television programming services through a public access channel and a governmental/educational
access channel. Aye: (3). Nay: (1) Ryan. Motion carried.
DEVELOPMENT BUSINESS
(8.1) Consider request, (filed by Hasu Bhakta and Roger Bhakta), to change the official
street name of Coachlight Lane, which is located on the south side of Interstate 70
west of North Ninth Street, to Bhakta Court.
(8.1a) First reading Ordinance No. 19-11017.
Dean Andrew, Director of Planning, explained the request, procedure for changing street
names, Coachlight Lane background information, Planning Commission recommendation
and action options.
I19-0294 Moved by Commissioner Ryan, seconded by Commissioner Hoppock, to pass Ordinance No. 19-
11017 changing the name of Coachlight Lane to Bhakta Court and repealing Ordinance No. 82-8939
on first reading. Aye: (4). Nay: (0). Motion carried.
OTHER BUSINESS
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Commissioner Hodges thanked staff for the update on legal expenses and thought it would
merit an agenda item or brief study session. She continued to state she had some questions
regarding the information provided and asked for a consensus of the Governing Body.
Mayor Davis was fine with either option and asked if Commissioner Hodges could outline
her questions to staff. Commissioner Hodges listed a couple of her questions regarding the
W information provided. Michael Schrage, City Manager, asked if Commissioner Hodges
could email her questions to him and the City Commission and he could look at a possible
study session date. Commissioner Hodges provided additional information on the legal
expenses and the legal expenses of peer communities.
Commissioner Hoppock mentioned STAR Bonds, remediation, KOMA/KORA and asked if
there was a way to get some numbers on some extraordinary events.
A conversation ensued between the City Commission and Mr. Schrage regarding the legal
expense date and the expectation of staff for a study session.
Commissioner Hodges provided additional information on the legal services provided by
peer communities.
Greg Bengtson, City Attorney, provided information on how long Clark, Mize & Linville
(CML) had performed services for the City of Salina and stated there was a specific rubric
that was used for billing services by CML.
Mayor Davis asked how many commissioners planned to attend the Centennial Park
meeting tomorrow evening. Both Mayor Davis and Commissioner Hodges indicated they
would be in attendance. Mayor Davis asked if Mr. Bengtson could provide information on
the open meeting laws. Mr. Bengtson provided detailed information on the open meeting
laws.
Michael Schrage, City Manager, reminded the City Commission of the special meeting
tomorrow at 1:30 p.m. at Tony's Pizza Event Center.
ADJOURNMENT
19-0295 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, that the regular meeting
of the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The
meeting adjourned at 7:10 p.m.
s /-,"11-94"9 Prn°
[SEAL] Trent W. Davis, M.D., Mayor
ATTEST:
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l�lQ lk
Shandi Wicks, CMC, City Clerk
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