12-28-2020 Minutes CITY OF SALINA,KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
December 28,2020
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. 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.
IAlso present via Zoom meeting: Michael Schrage, City Manager; Jacob Wood, Deputy City
Manager; Greg Bengtson, City Attorney; and Cheryl Mermis, Deputy City Clerk
Jacob Wood, Deputy City Manager, facilitator for the Zoom meeting, provided an overview for
citizens' participation with specific tips for iPad users.
AWARDS AND PROCLAMATIONS
None.
ICITIZENS FORUM
I! None.
I PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of December 21,2020.
20-0430 Moved by Commissioner Davis, seconded by Commissioner Hodges, to approve the consent
agenda as presented. A roll call vote was taken. Aye: (5) Davis, Franz, Hodges, Ryan, Hoppock.
Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Second reading Ordinance No. 20-11047 changing the zoning district classification
from C-3 (Shopping Center District) and R-3 (Multi-Family Residential) to C-4
(Central Business District) on property addressed as 303 South Santa Fe Avenue,
300 South Fifth Street and 308 South Fifth Street.
Mayor Hoppock recused himself due to a conflict of interest.
Vice-Mayor Hodges noted that Ordinance No. 20-11047 was passed on first reading on
December 21, 2020 and since that time no comments have been received.
There were no public comments.
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20-0431 Moved by Commissioner Ryan, seconded by Commissioner Davis, to adopt Ordinance No. 20-
11047 changing the zoning district classification from C-3 (Shopping Center District) and R-3
(Multi-Family Residential) to C-4 (Central Business District) on property addressed as 303 South
Santa Fe Avenue, 300 South Fifth Street and 308 South Fifth Street on second reading. A roll call
vote was taken. Aye: (4) Davis, Franz,Hodges, Ryan. Nay: (0). Motion carried.
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Mayor Hoppock returned.
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(7.2) Second reading Ordinance No. 20-11048 granting to Kansas Gas Service, a division
of One Gas, Inc., and its successors and assigns,a natural gas franchise.
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Mayor Hoppock noted that Ordinance No. 20-11048 was passed on first reading on December 21,
2020 and since that time no comments have been received.
There were no public comments.
20-0432 Moved by Commissioner Hodges, seconded by Commissioner Franz, to adopt Ordinance No. 20-
11048 granting to Kansas Gas Service, a division of One Gas, Inc., and its successors and assigns, a
natural gas franchise on second reading. A roll call vote was taken. Aye: (5) Davis, Franz,Hodges,
Ryan, Hoppock. Nay: (0). Motion carried.
(7.3) Second reading Ordinance No. 20-11049 establishing the "Former SAFB
Environmental Project" Fund.
Mayor Hoppock noted that Ordinance No. 20-11049 was passed on first reading on December 21,
2020 and since that time no comments have been received.
There were no public comments.
20-0433 Moved by Commissioner Ryan, seconded by Commissioner Hodges, to adopt Ordinance No. 20-
11049 establishing the "Former SAFB Environmental Project" Fund on second reading. A roll call
vote was taken. Aye: (5) Davis, Franz,Hodges, Ryan, Hoppock. Nay: (0). Motion carried.
(7.4) Resolution No. 20-7925 authorizing the City Manager to execute an agreement with
Charles Lindberg to provide indigent counsel services for the Salina Municipal
Court.
Michael Schrage,City Manager,explained the contract,fiscal impact and action options.
Commissioner Davis asked about the number of cases received with regard to staffing and
whether the amount of money would provide an adequate defense for individuals. Judge
Brenda Stoss provided an overview of the departmental protocols for balancing caseloads.
Commissioner Hodges noted that Mr. Lindberg's practice was a located in Minneapolis,
Kansas and inquired about a requirement for residency in Salina. Judge Brenda Stoss stated
there was no residency requirement.
Mayor Hoppock inquired about the type of cases the court was obligated to provide legal
defense for; Judge Brenda Stoss replied where an individual was sentenced to jail time for
DUI, domestic battery, theft charges, trespassing, burglary, and/or some ordinance
infractions.
There were no public comments.
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20-0434 Moved by Commissioner Davis, seconded by Commissioner Hodges, to adopt Resolution No. 20-
7925 authorizing the City Manager to execute an agreement with Charles Lindberg to provide
indigent counsel services for the Salina Municipal Court. Aye: (5) Davis, Franz, Hodges, Ryan,
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Hoppock. Nay: (0). Motion carried.
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(7.5) Salina Media Connection Agreement Amendment
ii Jacob Wood, Deputy City Manager, explained the amendment, fiscal impact and action
c options to extend the contract until June 30, 2021 with a provision to provide notice of
termination by May 31st or 30 days before the end of the agreement.
Commissioner Davis asked if no action was taken whether the contract would
automatically renew. Mr. Wood stated that the contract would end 12/31/2021.
Commissioner Hodges asked when all the new equipment would be operational and
whether there would be a chance to evaluate whether improvements are realized before the
time to submit a notice of termination. Greg Stevens with SMC stated the new equipment
should be installed and in use by the end of January or earlier.
Commissioner Hodges asked if the new equipment would be compatible with HD or will
another upgrade be required. Greg Stevens stated he would have to confirm whether the
digital equipment would provide an HD signal and further stated he did not believe there
would be any cost to the city.
Commissioner Davis asked if a new executive director had been hired. Greg Stevens stated
the focus has been training and building up current staff and volunteers, to provide more
services to the community. Debora Cox, SMC-Board, Vice Chair confirmed that a
management team was developed to coordinate the business model; to develop new
programing and foster well-trained staff and volunteer base.
A discussion between Commissioner Davis, Greg Bengtson, legal counsel, and Michael
Schrage, City Manager regarding the notice of intent to withdraw and automatic renewal;if
approved, over the course of the next year, the agreement would provide two opportunities
for the Commission to evaluate in July or January, and the notice to terminate had been
reduced to 30 days in advance.
Michael Schrage, City Manager stated that staff would present options in January for the
Commissioners to consider.
There were no public comments.
20-0435 Moved by Commissioner Hodges, seconded by Commissioner Davis, to authorize the Mayor to
sign an amendment to the agreement between the City of Salina and Community Access
Television of Salina, Inc. d/b/a Salina Media Connection for public educational and governmental
television programming services through a public access channel and a governmental/educational
access channel, extending the termination date to June 30, 2021. Aye: (5) Davis, Franz, Hodges,
Ryan, Hoppock. Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
None.
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OTHER BUSINESS
Commissioner Hodges stated that she received a telephone call from a citizen regarding a
notice that was posted by Animal Services at an informal dog park by the Tri River
2 Stadium area; the signage states the dog park will close effective January 1, 2021. Michael
Schrage, City Manager stated that conversations with the Fair Board have not involved any
W indication of interest on their part, to operate that parcel as a dog park, as part of their
lease. Mr. Schrage stated staff would look in to the matter.
1,1 Commissioner Franz stated that he noticed the playground at Hawthorne Park was
demolished and asked if it was permanent or if it was to be replaced. Michael Schrage, City
0 Manager stated was being replaced. Jacob Wood, Deputy City Manager stated it should be
completed in two weeks.
(9.1) Request for executive session (legal).
I move the city commission recess into executive session for _ minutes to discuss the subject of
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 p.m.
(9.1a) Possible action to follow.
20-0436 Moved by Commissioner Davis, seconded by Commissioner Ryan, to recess into executive session
for 20 minutes to discuss the subject of 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) 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. 75-7319(b)(2),. The open meeting will resume in this room at 5:20 p.m. Aye: (5)
Davis, Franz, Hodges, Ryan,Hoppock. Nay: (0). Motion carried.
The City Commission recessed into executive session at 4:55 p.m. and reconvened at 5:20
p.m.
Michael Schrage, City Manager provided an overview of the city's existing agreement, to
fund the 2020 transportation services grant to OCCK for public transportation,entered in to
before the impact of Covid-19.
Mr. Schrage stated additional grant funds were made available through CARES funding
which impact the City's contribution. Mr. Schrage stated that he and Patrick Wallerius,
Vice President and C.F.O. of OCCK discussed a possible resolution; to withhold the last
quarterly payment to OCCK and OCCK would reimburse the City $294,000.00, which
would be a net benefit on the city's finances in the amount of $496,922.50; an equitable
distribution of those grand funds to both entities,if agreeable to the City Commission.
Commissioner Hodges noted an earlier discussion about a City contribution toward a new
garage and service area for OCCK and asked if there any outstanding commitments.
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Mr. Schrage acknowledged there was a request but there was never a commitment and
Lthere was no outstanding obligation.
20-437 Moved by Commissioner Davis, seconded by Commissioner Hodges to adopt Mr. Schrage's
recommendation to accept a $496,922.50 payment adjustment from OCCK. Aye: (5) Davis, Franz,
Hodges, Ryan, Hoppock. Nay: (0). Motion carried.
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Also present in executive session: Debbie Pack, Director of Finance and Administration;
co Mike Schrage, City Manager; and Jacob Wood, Deputy City Manager; Greg Bengtson, City
Attorney and Aaron Matrin, Legal Counsel.
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(9.2) Request for executive session(personnel).
I move the city commission recess into executive session for _ minutes to discuss the City
Manager's performance evaluation based upon the need to discuss personnel matters of non-
elected personnel pursuant to K.S.A. 75-4319(b)(1). The open meeting will resume in this room at
p.m.
(9.2a) Possible action to follow.
20-0438 Moved by Commissioner Davis, seconded by Commissioner Hodges, to recess into executive
session for 20 minutes after a 5 minute break to discuss the City Manager's performance evaluation
based upon the need to discuss personnel matters of non-elected personnel, pursuant to K.S.A. 75-
4319(b)(1). The open meeting will resume in this room at 5:53 p.m. Aye: (5) Davis, Franz, Hodges,
L Ryan, Hoppock. Nay: (0). Motion carried.
The City Commission recessed into executive session at 5:36 p.m. and reconvened at 5:55
p.m. No action was taken.
ADJOURNMENT
20-0439 Moved by Commissioner Hodges, seconded by Commissioner Franz, that the regular meeting of
the Board of City Commissioners be adjourned. Aye: (5) Davis, Franz, Hodges, Ryan, Hoppock.
Nay: (0). Motion carried. The meeting adjourned at 5:56 p.m.
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[SEAL] Michael L. Hopp ,Mayor
ATTEST:
11141,144111 &Oita
Shandi Wicks, CMC,City Clerk
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