09-14-2020 Minutes CITY OF SALINA,KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
September 14,2020
4:00 p.m.
The City Commission convened at 3:00 p.m. for a tour of the Lee Buildings at 254 N. Santa Fe
a.
Avenue.
Mayor Hoppock asked the Clerk for verification that notice had been sent for today's City
Commission meeting. The Clerk replied yes.
C
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.
Those present and comprising a quorum: Mayor Michael L. Hoppock (presiding), Commissioners
Trent W. Davis,M.D.,Rod Franz.
Also present: Michael Schrage, City Manager; Greg Bengtson, City Attorney; and Shandi Wicks,
City Clerk.
Absent: Commissioner Melissa Rose Hodges and Commissioner Karl Ryan.
AWARDS AND PROCLAMATIONS
(3.1) The month of September, 2020 as "National Childhood Cancer Awareness Month"
in the city of Salina. Bryce Doonan read the proclamation and Heidi Feyerherm-
Smith announced associated events.
(3.2) The month of September 15th through October 15th, 2020 as "Hispanic Heritage
Month" in the city of Salina. Martiza Rodriquez shared her personal story and read
the proclamation.
CITIZENS FORUM
Martha Oakes, 2706 Deborah Drive, thanked Deputy City Manager (Jacob Wood) for his
military service to our country and as a quilter, she chose to honor him by making a quilt
that was registered through an organization called the Quilts of Valor. She continued to
provide information on the organization, Mr. Wood's years of service and what the quilt
represented. She lastly presented Mr. Wood with a Quilt of Valor. Mayor Hoppock also
recognized the family for their sacrifice during Mr. Wood's deployments.
Deborah Corrales, provided a handout of information regarding pit bulls to the City
Commission and provided her thoughts on the genetics of dogs and the need for DNA to
be conducted on all dogs to determine the breed of the dog.
Dalton McDowell, 514 S. Ninth Street, asked if the City Commission could set a meeting
date to end the mask mandate prior to the end of the year.
Ken Reitz, 1314 Parkwood,provided his thoughts on sports and a suggestion for signs to be
made for the teams to cheer loud and cheer proud.
A resident of Salina provided his thoughts on the Law Enforcement Advisory Board and
the 1033 Program that will be discussed at the September 21,2020.
Max Wellbrock-Talley, 514 S. Ninth Street, provided his thoughts on the Sunflower
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Coalition proposal. He continued to provide his thoughts on service of police officers and
the Police Excellence Fund and the 1033 Program.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on naming municipal facility.
(5.1a) Resolution No. 20-7871 re-naming the East Crawford Recreation Area the
"Berkley Family Recreational Area".
Chris Cotten, Director of Parks & Recreation, explained the guidelines for naming a
municipal facility, the application submitted, Parks & Recreation Advisory Board action,
fiscal impact and action options.
Byron Tomlins, Salina Baseball Enterprises, Board Member, provided information on the
baseball complex project, the additional softball complex project in conjunction with USD
No. 305 and announced nominated the Berkley family to rename the East Crawford
Recreation Area as the Berkley Family Recreational Area. He continued to provide additional
information on the history of the community involvement of the Berkley Family and their
donations to the baseball complex project along with an added donation to the softball
complex project. He stated the Salina Baseball Enterprises board would be honored to make
the request on behalf of the Berkley Family.
Mayor Hoppock stated he noticed the staff report talked about signage but did not notice the
sign request as part of the resolution and asked if that was something that needed to be
approved. Mr. Cotten stated it was part of Naming Step #5. Michael Schrage, City Manager,
stated staff had combined Step #4 and #5 together and if the City Commission was
comfortable with the signage and the naming. He continued to state the signage was
consistent with the wayfinding signage.
Commissioner Franz asked if the signs would be the same size although the signs were a
smaller scale. Mr. Schrage stated the size of the signs would be of the same size. Mr. Cotten
stated the family would like to add monument signs similar to what was in Jerry Ivey Park.
He continued to state that staff was investigating the cost of those signs but had investigated
the cost to re-skin the existing signs.
Mayor Hoppock provided his thoughts on the Berkley Family and thanked the family for
their continued support in the community.
Mayor Hoppock opened the public hearing.
There being no further comments the public hearing was closed.
20-0301 Moved by Commissioner Davis, seconded by Commissioner Franz, to adopt Resolution No. 20-
7871 re-naming the East Crawford Recreation Area the "Berkley Family Recreational Area". Aye:
(3). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the regular meeting minutes of August 24, 2020.
(6.2) Approve the joint meeting minutes of September,8,2020.
(6.3) Approve Resolution No. 20-7861 to setting October 19, 2020 as the public hearing
date for the dangerous structure located at 120 S. Penn Avenue.
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20-0302 Moved by Commissioner Franz, seconded by Commissioner Davis, to approve the consent agenda
as presented. Aye: (3). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Approval for replacement of one Police and one Fire Vehicle.
Kevin Rose, Fire Chief, explained the request and fiscal impact.
Mayor Hoppock asked if it was necessary for the purchase of a suburban or if another type
of vehicle would work. Chief Royse stated with the amount of equipment carried by the
vehicle and the potential to pull a trailer, a vehicle of that size was necessary.
Chief Royse explained the action options.
Commissioner Franz asked if the ancillary equipment was being reused. Chief Royse stated
the equipment for the Fire Department vehicle was damaged significantly and staff was
working to try to salvage and use what equipment they could.
20-0303 Moved by Commissioner Davis, seconded by Commissioner Franz, to approve the purchase of one
Ford Explorer from Long McArthur Ford in the amount of $34,401.14 and approve $9,845.48 for
Ka-Comm to outfit the vehicle with the necessary add-on equipment and approve the purchase of
one pre-owned Chevrolet Suburban LT 1500 in the amount not to exceed $45,000.00 and approve
$10,717.76 for Superior Emergency Response Vehicles for the installation of required ancillary
equipment. Aye: (3). Nay: (0). Motion carried.
(7.2) Resolution No. 20-7874 authorizing the Mayor to execute an Amended and Restated
Loan Agreement with Community Housing Development Corporation of Central
Kansas relating to a Loan Agreement entered in to with Lee Lofts Partners, LLC.
Michael Schrage, City Manager, explained the project, amended and restated agreement,
fiscal impact and action options. He continued to explain the need to amend the exhibit in
the agreement to remove the requirement for washer/dryer connection in 1 bedroom units.
Matt Gillam, Lee Lofts Partners, LLC, provided information on the project, explained the
request to remove the requirement for washer/dryer connection in 1 bedroom units.
Gary Hobbie, Director of Community Housing Development Corporation (CHDO),
explained the CHDO's role, introduced members of the CHDO board and announced
potential upcoming projects in the community.
Lance Cochran, Community Housing Development Corporation (CHDO) Board Member,
provided his thoughts on the establishment of the CHDO and the partnership with the Lee
Loft Partners.
Commissioner Franz asked how many units would be market rate. Mr. Schrage stated the
agreement mentioned 33% was market rate. Mr. Gillam stated there were 20 units of
market rate apartments. Mr. Schrage stated 17.99 would be 33%.
Commissioner Franz asked if the property taxes were still being paid by old owner. Mr.
Gillam stated the property was purchased in 2019 and a portion of the property was under
a holding company until it was developed.
Commissioner Franz asked how the loan was structured. Mr. Schrage stated the loan was
between the City of Salina and the CHDO and if there was a default, the money would be
due to the City of Salina by the CHDO.
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Commissioner Franz asked how the default on the loan would work. Mr. Gillam stated the
reason for the CHDO to be involved was it would be a taxable event without their
involvement and with the money going to the CHDO the money would be a donation.
How can the Lee Loft Partners be held accountable to stand behind it. Pat Beatty, Lee Loft
Partners, LLC, stated the CHDO would be a member of the Lee Loft Partners, LLC and in
W the event of a default, the IRS rules would be in place and there would be additional
problems at that point.
Mayor Hoppock asked if the market rate apartment requirement was listed under the
Kansas Housing Resource Corporation. Mr. Gillam stated there was a land use agreement
filed on the property. A conversation ensued between the City Commission, Mr. Beatty and
Mr. Gillam regarding the market rate apartments, the loan and how a default would be
handled.
Greg Bengtson, City Attorney, stated there would be the execution and recording of a
mortgage on the property. Mr. Beatty stated the land use restriction, the mortgage with
Bennington State Bank and this mortgage.
Mr. Schrage explained the commitment of the development. Mr. Beatty explained the
complexity of the funding for the project. Mr. Schrage explained the lack of market rate
apartments and the lack of comparisons.
Commissioner Franz provided his thoughts on the market rate apartments and the loan.
Ken Reitz, Salina, asked how parking would be handled. Mr. Gillam stated there was a
brand new parking lot behind the buildings that had been constructed for the residents
along with on-street parking to the north of the building. He continued to state the rent
ranged from$450 a month to $1300 a month.
Mayor Hoppock asked how many parking spaces there were. Mr. Gillam asked 53 in the
new parking lot.
Reverend Dee Williamston, 635 Georgetown Court, Salina, asked if the building had safe
rooms or a basement and the costs for rent. Mr. Gillam stated the walls on the outside of
the building were a foot to a foot and a half deep and interior hallways do not have
windows which would be a safe place. He continued to mention there was a basement in
the building that was not open to the public via an elevator.
20-0304 Moved by Commissioner Davis, seconded by Commissioner Franz, to adopt Resolution No. 20-
7874 authorizing the Mayor to execute an Amended and Restated Loan Agreement with
Community Housing Development Corporation of Central Kansas relating to a Loan Agreement
entered in to with Lee Lofts Partners, LLC, in the principal amount of $500,000, with Exhibit C
amended to remove the requirement of the washer/dryer connection in 1 bedroom units. Aye: (3).
Nay: (0). Motion carried.
(7.3) Authorize the City manager to authorize the Stinson law firm as environmental
legal counsel to the Salina Public Entities in relation to the Former Schilling Air
Force Base Site environmental matter.
Martha Tasker, Director of Utilities, explained the project, the request, fiscal impact and
action options.
Commissioner Davis asked where the money came from and the money would be
reimbursed at the end of the matter. Ms. Tasker stated there was an account that staff took
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the money from and the reimbursement would probably be at the end of the year.
Commissioner Franz restated the request. A conversation ensued between the City
Commission and Ms. Tasker regarding the request and the City Manager's spending
authority.
Michael Schrage, City Manager, stated staff was hoping to have the consent decree and the
extension at the same time but that did not occur.
Mayor Hoppock asked if the other three (3) boards had reviewed and approved this. Mr.
Schrage stated they had reviewed it, he was not sure if they approved it. He continued to
state the City of Salina was the last board to act on the item.
20-0305 Moved by Commissioner Franz, seconded by Commissioner Davis, to authorize the City Manager
to authorize Stinson law firm to approve the estimated budget amount of $38,000 and the City's
resulting one-fourth share of $9,500 for Draguri s work through November 2020. Aye: (3). Nay:
(0). Motion carried.
DEVELOPMENT BUSINESS
None.
OTHER BUSINESS
(9.1) Request for executive session (Attorney/Client Privilege).
I move the City Commission recess into executive session for_minutes to discuss
with legal counsel the subject of legal considerations relating to the potential
engagement by the law firm of Clark, Mize & Linville, as the City's legal counsel, of
a confidential, privileged expert in the course of providing legal advice to the City
regarding a personnel matter under the City Manager's purview. While relating to a
personnel matter, the justification for the executive session is based upon legal
considerations preliminary to future discussion of the personnel matter as it is
ultimately defined, prompting the need for consultation with legal counsel 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.
20-0306 Moved by Commissioner Davis, seconded by Mayor Hoppock, to recess into executive session for
25 minutes to discuss with legal counsel the subject of legal considerations relating to the potential
engagement by the law firm of Clark, Mize & Linville, as the City's legal counsel, of a confidential,
privileged expert in the course of providing legal advice to the City regarding a personnel matter
under the City Manager's purview. While relating to a personnel matter, the justification for the
executive session is based upon legal considerations preliminary to future discussion of the
personnel matter as it is ultimately defined, prompting the need for consultation with legal counsel
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 5:56 p.m. Aye: (3). Nay: (0). Motion
carried.
The City Commission recessed into executive session at 5:32 p.m. and reconvened at 5:56
p.m.
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Also present in executive session: Mike Schrage, City Manager; and Jacob Wood, Deputy
City Manager,Natalie Fischer,Director of Human Resources,Greg Bengtson,City Attorney
and Jake Peterson,Clark,Mize &Linville.
(9.1a) Possible action to follow.
20-0107 Moved by Commissioner Franz, seconded by Commissioner Davis, the law firm of Clark, Mize &
Linville, as the City's legal counsel,be authorized to engage an expert on a confidential, privileged
basis, and that the City Manager be authorized to reimburse the law firm of Clark, Mize & Linville,
as the City's legal counsel, for the actual cost of engaging an expert, all in the course of providing
legal advised to the City regarding a personnel matter under the City Manager's purview. Aye:
(3). Nay: (0). Motion carried.
Commissioner Davis asked about the ongoing construction on Santa Fe, the center lane that
was set up for deliveries, asked how much of that could be moved to the back of the
building. Michael Schrage, City Manager, stated he could revisit the matter and re-
distribute the communication back out to the downtown merchants with the help of Salina
Downtown, Inc.
Commissioner Franz asked why the newly constructed lanes on Santa Fe from Prescott to
Mulberry were striped differently than the rest of Santa Fe. Michael Schrage, City Manager,
stated staff had consulted the City Commission on the layout and design of the street but
he would look into that again.
ADJOURNMENT
L 20-0308 Moved by Commissioner Davis, seconded by Commissioner Franz, that the regular meeting of the
Board of City Commissioners be adjourned. Aye: (3). Nay: (0). Motion carried. The meeting
adjourned at 6:01p.m.
17Z/,
[SEAL] Michael L. Ho. .',ck,Mayor
ATTEST:
•
Shandi Wicks, CMC, City Clerk
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