06-15-2020 Minutes CITY OF SALINA,KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
June 15,2020
4:00 p.m.
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. in Room 107,
City-County Building. Roll call was taken followed by the Pledge of Allegiance and a moment of
silence.
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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; Greg Bengtson, City Attorney; and Cheryl Mermis,
Deputy City Clerk.
AWARDS AND PROCLAMATIONS
(3.1) The day of June 19, 2020 as a day to celebrate Juneteenth in Salina. Tiana Marion,
Salina South Debate Team Member read the proclamation.
Mayor Hoppock asked if there were any events planned; Ms. Marion stated she
wasn't aware of anything specific. Commissioner Hodges said she knew that the
local chapter of the NAACP will host a Juneteenth event on Thursday,June 18, 2020
from 11:00 am-4:00 pm,in a barn located at 1905 E. Iron, Salina.
CITIZENS FORUM
Laneya Meyer, Salina, relayed to the Commissioners that she appreciated their willingness
to have a citizen's forum and having meetings at special times, allowing for more
community involvement. She stated that she was concerned about transparency from all
City departments but focused on the police departments' interview process regarding the
hiring of police officers and would like to know more about the City's criteria for
placement of law enforcement officers.
Dean Hanson, Tyler Sartain, Santiago Vasquez, Maxwell Brocktally, Luke Stanford, of
Salina, spoke on the need for continued discussions with local leaders, advocating for
improvement to law enforcement policies. This group spoke on the need for reform on
transparency, accountability and unbiased oversight with regards to the SPD; discussions
related to the nation-wide movement for change, sparked by the tragic death of George
Floyd,by police in Minnesota.
Joel Weimer, Salina, chairman of the Salina/Saline County Law Enforcement Advisory
Board and wanted to assure the Commissioners that there is a cohesive, multicultural,
multiethnic oversight committee already in place that was established in 2007,which meets
every two months, to review citizen complaints filed against local law enforcement. As
spokesman for the law enforcement advisory board, Mr. Weimer expressed the Boards'
willingness to be part of the ongoing discussions.
Miranda Bachman, Salina, presented a proposal for the City Commissioners to consider;
utilizing unused city property close to Oakdale Park to establish a community public
square where peaceful gatherings can occur,to celebrate diversity.
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Tiana Marion, Salina, asked the Commissioners to ban the Salina Police Department from
further procurement of decommissioned military property from the 10-33 Program and
stated that the Salina Police Department acquired an armored vehicle from the U.S.
Department of Defense. Ms. Marion asked the Commissioners to help stop the
militarization of law enforcement by banning the SPD from further purchases from the 10-
33 Program, which would send a clear message to the public, that it is not okay to use
excessive force against citizens.
Joan Ratzlaff,Salina, transparency of most city offices;with timely responses to open record
requests and the nominal fees charged and asked the City Commission to review the police
department's cost recovery fees for open records requests and the time parameters in place,
by that department.
Sergio Correa, Lyle Riffel, Hernan Hernandez, all of Salina and Mark Martin of McPherson
County, asked the Commissioners' to re-evaluate cutting the soccer program and expressed
their disappointment that the current soccer fields were not maintained. Mayor Hoppock
stated that city-wide budget cuts occurred due to COVID-19 and that a private group
representing baseball and softball came forward to volunteer their services, to help
maintain the baseball fields and assist with the games and tournaments which allowed for
baseball and softball to start up. To help facilitate a discussion with the soccer group, City
Manager, Michael Schrage shared contact information for the Director of Parks and
Recreation.
Debra Corrales and Tyler Sartain, Salina, asked the City Commission to consider
amendments to (BSL) breed-specific legislation; a law that bans or restricts certain types of
dogs based on their appearance, usually because they are perceived as "dangerous" and to
put a stop to visual identification and begin DNA testing for canines.
Mayor Hoppock thanked all individuals for their time and comments.
Mayor Hoppock stated the City Commission and staff had been discussing how to move
forward. He continued to state the City Commission and staff realize that we need to
discuss the training, the accountability, the enforcement of our Police Department and
mentioned that there was a lot the City Commission needed to learn. He further stated the
City Commission was working with Michael Schrage, City Manager, on holding public
meetings after 5:00 p.m. or 6:00 p.m. to allow more individuals the opportunity to attend.
Michael Schrage, City Manager, stated both he and Chief Nelson had reached out to
community leaders and stakeholders trying to get then input on what he called listening
sessions. He continued to state there were a couple avenues and one (1) would be a
listening session to hear about what the issues were in the community and give citizens an
opportunity to share their stores and emphasize to leaders in the community the Salina
experience. He continued to state to some of the points that were being made, we can't say
that it's happening elsewhere and not in Salina. He further stated it had been stated the
listening sessions should be more than just the Chief of Police, the City Manager or even
the Mayor, it would extend to other leaders and organizations, businesses in the
community. He continued to state staff was trying to facilitate that and try to find a group
that could put that together as well as a venue and a schedule. He lastly stated the 8 Can't
Wait was one example, but staff was also trying to review and inventory various examples
of guidance or suggestions about various policies and those type of documents may be
some talking points for a study session as well. Mr. Schrage continued to state there were
three (3) things going on: (1) multiple listening sessions; (2) review of recommendations
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and (3) reporting out to you the current practices and where there might be opportunities
for changes in improvement.
Commissioner Hodges asked the Governing Body what they would like to see for getting
some of the listening sessions underway. She continued to provide her thoughts on the
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involvement of other leaders and organizations and suggested the 5th Monday in June (June
. 29th) as a first meeting at like 7:00 p.m.
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ul Commissioner Franz thanked the citizens that provided their comments today and
continued to provide his thoughts on setting up a meeting and the importance of capturing
the comments of the citizens both tonight and at those meetings. He continued to state he
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would like to receive information on the law enforcement advisory board including the role
of the board, appointment of members, meeting minutes, mission statement, types of
complaints heard by the board, current membership, and if the meetings were open to the
public and advertised. He continued to provide his thoughts on the finding out what
needed to be addressed and realizing that change would require hard work.
Commissioner Davis stated he liked having a specific target date and continued to provide
his thoughts on changing the culture and the need to involve the entire community. He
continued by providing a list of keywords he took from the comments today: screening,
training, transparency, oversight, consequences, community culture, communication,
complaint process and the law enforcement board.
Mayor Hoppock asked staff if June 29th was workable for staff. Mr. Schrage stated it was a
city organized and lead activity he thought that was doable. Mayor Hoppock also stated
L the City Commission needed to be more educated on the 1033 program and if the law
enforcement advisory board was being used to its fullest potential. He continued to state
there was a lot of educating ourselves that need to be done before we move forward and
can even help with the discussion. He continued to state he would like use to have some
type of community gathering on the 29th at all possible and would like to see that done after
5:00 p.m.,in the 6:00 p.m. timeframe to allow citizens to attend.
Mr. Schrage stated yet this week, we would know the mass gathering limitations to help
figure out the format but at the moment thought it was doable.
Commissioner Franz asked if we shoot for the 29th, could the City Commission get a
preview of how the meeting would be organized and what the agenda might incorporate.
Mr. Schrage stated he could try. A conversation ensued between the City Commission and
Mr. Schrage regarding the format of the meeting and what should be included.
Mayor Hoppock provided his thoughts on the performance of the Police Department and
the citizens that participated in the peaceful protests.
Commissioner Davis asked what type of time table staff would need to consider a proposal
for a peace plaza. Mr. Schrage stated it was more of a function of getting specifics and that
was a conversation that staff needed to have with Ms. Bachman and whoever else next
week. He continued to state that staff could bring something back by July 6th but would
need to know what the City Commission would like to see after the meeting.
L20-0188 Moved by Commissioner Davis, seconded by Commissioner Ryan, to ask staff to meet with Ms.
Bachman regarding a proposed Salina's Know Justice-Know Peace Plaza and report back to the
City Commission,if it seems to be a feasible idea. Aye: (5). Nay: (0). Motion carried.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
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None.
CONSENT AGENDA
(6.1) Approve the minutes of June 8,2020.
20-089 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Resolution No. 20-7838 authorizing the City Manager to execute a four and one-half
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(4.5) year agricultural lease agreement with Lance Nelson for the agricultural
portion of the Salina Municipal Solid Waste Landfill property.
Dan Stack, City Engineer, explained location, agreement, bids received, fiscal impact and
action options.
Commissioner Ryan asked if the City was required to accept the higher bid offer. Mr. Stack
replied not necessarily and stated you take into account the competitive price, lowest and
best bid but stated in this case, it would be the highest and best bid taking into
consideration any factors relevant to the furtherance of the public interest.
Commissioner Ryan asked how much of a dollar difference was between the 43% and 45%.
Michael Schrage, City Manager, stated he calculated $1300.00, which was nominal.
Commissioner Franz also stated it was around $1300.00. Mr. Schrage stated if the
Governing Body wanted to choose something other than the higher of the two (2) bids, the
Governing Body would need to be on record choosing to do so. He continued to state that
staff mentioned that we had to put the lease up for bid and he would take full
responsibility for making that call. He further stated that even though Mr. Swenson had
farmed the property for a long time and was interested in continuing, he felt an obligation
from a competitive practices and fiduciary responsibilities standpoint to seek competitive
bids. He also stated that he had received questions on the percentage format and stated the
format tried to factor in the fluctuations in the market rather than try to lock in some dollar
mark amount that might be difficult for a farmer to commit to over time.
Commissioner Franz provided his thoughts on the format of the agreement and some risk
on the City if the crop did not perform well. He continued by asking if in the case of a crop
being hailed out, did the contract contemplate the City getting a portion of the same
percentage of insurance. Mayor Hoppock stated the staff report mentioned the City getting
the same percentage of the insurance amount. Mr. Stack stated that was correct, the City
had received portions of insurance payments periodically over the years. Mr. Schrage
stated the difficultly when the bids were so close and the question becomes was one farmer
more economical and their cost application more effective in growing a crop and it was a
tight margin.
Commissioner Ryan asked where Mr. Nelson farmed and where was his equipment. Mr.
Stack stated he lived on Simpson Road but was not aware of where is equipment was
stored. Commissioner Ryan stated that he was aware that Mr. Swenson was right there.
Mr. Stack stated that Mr. Swenson was definitely closer in proximity to the land area.
Commissioner Ryan continued to provide information on his past experience with non-
profits and individuals that received benefits from farmers working their land through
long-term contracts and the farmers that work the land, know the land, the payments were
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consistent and they were stewards of the land because they take care of it. He continued to
state his concern was that Lance Nelson worked for the City of Salina before and we were
moving away from something known to something unknown.
Mayor Hoppock asked if in the proposals, the bidders mention what types of crops would
be planted on the ground. Mr. Stack stated no but typically the farmer would rotate milo,
wheat, soybeans.
Mayor Hoppock asked if either bidder discussed double cropping. Mr. Stack stated no.
Mayor Hoppock asked if the Swensons' yields were above or below average. He continued
by stating his concern was that the 45% to 43% would make some difference and the
variation in the yields. He continued by asking if staff had been satisfied with the
Swensons' and with their farming of the ground and keeping the ground up.
Commissioner Davis asked if a new farmer chose to go with a different approach requiring
more equipment, more expense, do they end up not getting the yield in the first year and
negating the 2%. Mr. Stack stated there were a lot of variables with this approach. Mr.
Schrage asked if the question was if there was an upfront expense or investment in year
one. Commissioner Davis stated yes and asked if there were any other hidden expenses
assuming those acres that was not written in the staff report or contract or would show up
in the bottom line. Mayor Hoppock stated the only things that the City paid for was the
expense,fertilizer,herbicides and crop insurance. Mr. Stack stated that was correct.
A conversation ensued between the City Commission regarding the bids received, the
farming of the fields in the past, the competitive bidding process and the best option to go
with. Mr. Stack asked if the City Commission needed additional information to make a
decision. Mr. Schrage stated that he did not think any farmer could predict their yields
every year.
Commissioner Franz stated that staff mentioned another piece of farm land that was bid
out recently and asked for the location of the land and what the bids amounts that were
received. Mr. Stack stated it was bottom ground by the Wastewater Plant on Marymount
Road farmed by Don Mattison and the bids at that time were 51.5% to 54%. A conversation
ensued between the City Commission and Mr. Stack regarding the bids received, the
winning bidder and the experience of the winning bidder.
Mr. Stack stated that Dennis and Galen Swenson did bid 1% higher than the original
contract. He continued to provide additional information on Lance Nelson.
Commissioner Hodges asked if both bidders were notified that the City Commission was
going to consider the item today. Mr. Stack stated yes. Commissioner Hodges stated that if
either bidder wanted to be here today to make their case they could have done that. She
continued to state she had not received any email correspondence from either party. She
further continued to provide her thoughts on the bids received. Mr. Stack stated he had
talked to both bidders and they were aware it was not a qualifications based selection and
stated that staff could try to rebid the lease using that bidding process. He continued to
explain how the qualifications based selection process worked and stated if the City
Commission would like more information or to bid it a different,way that was an option.
A conversation ensued between the City Commission on the best bidding option for this
type of lease,the bids received, and the best option to select.
Norman Manuel, Salina,provided his thoughts on the number of years for the contract and
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if the farmers participate in the federal programs and urged staff to contact the local FSA
office for information on the federal programs.
Ken Reitz, Salina, provided his thoughts on the complications with federal programs, the
various ways of farming,and the need for additional information to make a decision.
Commissioner Franz provided his thoughts on the bids received, the money received and
Mr. Reitz's comments. A conversation ensued between the City Commission and Mr.
Schrage regarding the bids received, farming of the land, stewardship of the land and the
best bidding option.
20-010 Moved by Commissioner Davis seconded by Commissioner Hodges, to adopt Resolution No. 20-
7838 authorizing the City Manager to execute a four and one-half (4.5) year agricultural lease
agreement with Lance Nelson for the agricultural portion of the Salina Municipal Solid Waste
Landfill property. Aye: (3). Nay: (2). Motion carried.
DEVELOPMENT BUSINESS
None.
OTHER BUSINESS
Commissioner Davis asked for the plans that were made for the Magnolia soccer fields for
the rest of the year as far as mowing. Mr. Schrage stated all of the facilities were on a
reduced mowing schedule and he was not aware of the mowing schedule for that facility.
He continued to state the speakers were probably correct, the grass was probably four and
a half (4.5) or more inches tall and staff was aware of that. He continued to state that staff
was not on a multiple times a week mowing schedule at this point and that impacts the
ability to use of the facility for practice or fields.
Commissioner Davis asked if there was other grass that could be exchanged for that. Mr.
Schrage stated it was a function of staffing and the frequency of committing to mow
whatever piece of property. He continued to state he made a note to discuss with staff on
the possibility of mowing a smaller footprint of the facility to be used for practice.
Mr. Schrage explained how soccer was organized, how tournaments were handled, the
economic impact of soccer to the community versus baseball and softball. He continued to
state the soccer desired more practice space to allow the teams to be competitive in other
leagues and one compromise was to finding a smaller footprint to mow rather than mower
the entire facility. A conversation ensued between the City Commission and Mr. Schrage
regarding the height of the grass and other locations the City Commission would like to see
maintained.
Mayor Hoppock asked if the use of the fieldhouse over the winter could be addressed and
the need to look at the finances the next couple months. Commissioner Ryan stated he
thought that was the plan. Mr. Schrage stated staff hoped to have April sales tax at the end
of this month and unless there was a reoccurrence, April should be the bottoming out of the
economic activity. He continued to state he did now know how to predict the recovery.
Mr. Schrage mentioned that the staff scheduling had prompted a lot of retirements and
people gravitate that to being a cost savings but when you buy out the employee's vacation
and sick leave, there was actually an increased expense for that duration. He continued to
state while we look at the financial revenue we are also going to have to look at how well
work sharing and other expense control has worked.
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Commissioner Ryan stated that soccer fields seemed different to him than baseball fields
and asked if there was a possibility to have volunteers mow the soccer facility. Mr. Schrage
stated it may be a possibility and staff was working through a volunteer approach and staff
was open to the possibility. He continued to state that he took down the names of the
speakers to reach out to those individuals to try to work something out.
Commissioner Franz mentioned that he received multiple emails before last week's
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meeting regarding the area around Kenwood Cove and staff did get the worse of that
knocked down before the meeting. He continued to state the City Commission and staff
were going to continue to hear of locations that need to be addressed.
Mr. Schrage stated when the health issued fade away, the financial reasons the City was
doing this was going to linger and continue for some time and the significance of the
service reductions.
Commissioner Franz asked for a report on the flower project. Mr. Schrage stated he had
statistics from the last weekend. Commissioner Franz stated if the project was not
completed he would just like an update when it was completed.
Commissioner Davis asked if a soccer organization wanted to contribute to mowing, did
staff have an idea how much it would cost to mow the facility. Mr. Schrage stated he did
not off the top of his head but staff could quantify the amount of time it took to mow the
facility and the staff time to come up with the total.
A conversation ensued between the City Commission and Mr. Schrage regarding the
maintenance of the fields, setting the fields up for practice or play and working with a
volunteer group.
(9.1) Request for executive session(legal).
I move the city commission recess into executive session for _ minutes to discuss
the subject of the City's claim arising from the detection, isolation, and cleanup of
asbestos materials in the basement and basement stairwell of Fire Station No. 2 with
special legal counsel, Ilene Munk, via telephone, and the City's 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-
7319(b)(2). The open meeting will resume in this room at 6:28 p.m.
20-0191 Moved by Commissioner Davis, seconded by Commissioner Hodges, to recess into executive
session for 20 minutes to discuss the subject of the City's claim arising from the detection,isolation,
and cleanup of asbestos materials in the basement and basement stairwell of Fire Station No. 2
with special legal counsel, Ilene Munk, via telephone, and the City's 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. 75-7319(b)(2). The open meeting will resume in
this room at 6:28 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 6:08 p.m. and reconvened at 6:28
p.m. No action was taken.
Also present in executive session: Mike Schrage, City Manager; and Jacob Wood, Deputy
City Manager; Greg Bengtson, Legal Counsel.
ADJOURNMENT
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20-0192 Moved by Commissioner Hodges, 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 6:29 p.m.
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[SEAL] Michael L. o.,:'ck,Mayor
ATTEST:
/ , /, /
Cheryl M f mis, puty City Clerk
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