04-19-2021 Minutesr
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
April 19, 2021
4:00p.m.
The City Commission convened at 2:00 p.m. for the Housing Presentation -Tools and Techniques,
at City-County Building, Room 107.
Mayor Hodges 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.
Those present and comprising a quorum: Mayor Melissa Rose Hodges (presiding), Commissioners
Trent W. Davis, M.D., Michael L. Hoppock, and Karl Ryan via Zoom.
Also present: Michael Schrage, City Manager; Jacob Wood, Deputy City Manager; Greg Bengtson,
City Attorney; Shandi Wicks; and, JoVonna A. Rutherford, City Clerk
AWARDS AND PROCLAMATIONS
The month of April, 2021, was proclaimed as "Child Abuse Prevention Month" in the city
of Salina. Lora Kirmer, Community Engagement Coordinator with CAPS of $alina read the
proclamation and announced associated events.
The month of April, 2021, was proclaimed as "Fair Housing Month" in the city of Salina.
Yvonne Montoya, Community Relations Division Supervisor, read the proclamation and
announced associated events.
The week of April 18-24, 2021, was proclaimed as "National Volunteer Week" in the city of
Salina. Susan Eberwein and Rosa De LaCruz, Salina Arts & Humanities, jointly read the
proclamation and announced associated events. In addition, they thanked the many
volunteers for their efforts in clean up.
CITIZENS FORUM
Michael Schrage, City Manager, provided the weekly COVID-19 update for Salina/Saline
County.
Denise Ward, Salina, Kansas voiced her opposition to the city of Salina imposing a mask
mandate that businesses are required to enforce. She indicated that eating and drinking
establishments are restricted in how they do business with this mandate. Businesses are
limited in capacity and are having to tum away customers. Denise stated that Senate Bill
40 gives citizens a quick and ready recourse to file an action in district court. Grievances
filed must be heard by the Court within 72 hours. Denise further stated that Senate Bill 40
applies to all levels of government and was providing an opportunity for the mask
mandate to be removed in order for business to get back to normal. Denise provided
copies of the information she obtained regarding filing a grievance.
Kelly Bush, Saline County, Kansas, stated he lives on the outskirts of Salina but works and
shops in Salina. Kelly indicated he was aggrieved with the city of Salina mask mandate.
Senate Bill 40 allows citizens who are aggrieved with mandates put in place due to any
disaster order by any level of government to file an action with the district court. He stated
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it was his intention to file such action should the mask mandate remain in place. Based on
current information, he does not believe there to be a great emergency. He believes it is
time to quit penalizing businesses and people that frequent these businesses and the people
should decide.
Rachel Davis, Lincoln County, operates a business in Salina. Rachel stated it has been very
difficult to staff because staff cannot make the kind of money needed to make with the
restrictions on tables . Rachel stated she is aggrieved with the limitations that the city mask
mandate places on the industry as well as reduced capacity due to social distancing. She
indicated that revisiting the issue does not provide an end date. She also stated it was her
intention to file a grievance in district court as allowed by Senate Bill 40 should the
mandate remain in force.
Dalton McDowell, Salina, Kansas, questioned how a city council meeting could be run as
he believed legally there was supposed to be an odd number so there is no tie or the Mayor
does not vote. Mr. McDowell stated he believes the governing body needs to revisit
making a mayor an elected official not just give it to another City Commissioner the next
year. It should be voted on by the people. He indicated it was ridiculous to bring the mask
law up last week, knowing that two would vote no, and now waiting until the end of May.
He believes the city will lose money over people filing court cases.
Norman Mannel, Salina, Kansas, referenced an article in a public newspaper regarding the
COVID-19 vaccine and a YouTube video he thought should be watched.
Mayor Hodges noted vaccine efficacy rate is never 100%, these vaccinations have an
efficacy rate of about 90% to 95%.
Brian Frazier, Salina, Kansas, spoke in support of the mask mandate. Mr. Frazier
empathizes with businesses that are struggling but also noted the need to take care of each
other, i.e. a little inconvenience now is a lot better than the inconvenience if one does get ill .
Chad Farmer, Salina, Kansas, expressed thoughts and prayers for Commissioner Franz. Mr.
Farmer noted several had mentioned Senate Bill 40, and defined the word aggrieved as
being pained, afflicted, or civilly or politically oppressed. Mr. Farmer understood those
speaking previously to be civilly and politically oppressed and it could cost the city money
once these grievances are filed in the district court. Mr. Farmer stated the mandate is not
helping and masks are not the number one tool to fight the virus. In closing, Mr. Farmer
stated he believes it is a bad precedent to set that a governing body determine health
decisions of the citizens and encouraged Salina to peacefully stand up against the
government overreach of this mask ordinance.
Mayor Hodges expressed deepest sympathy for business owners that are struggling
through all the impacts COVID has made on the community. Mayor Hodges noted that the
first lawsuit related to Senate Bill 40 was filed, there was a hearing and it was dismissed.
Each individual has a different set of circumstances and the governing body is prepared to
address those as they come. Mayor Hodges confirmed the present plan of action remains
to revisit this May 24th or upon the return of Commissioner Franz.
UBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
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CONSENT AGENDA
(6.1) Approve the minutes of April 12, 2021.
(6 .2)
(6.3)
Authorize the City Manager to execute a three-year agreement (2021-2023 mowing
seasons) with Fox Lawn and Landscape, LLC for City of Salina Mowing Services in
the amount of $97,873.00.
Approve Change Order No. 2 for the Markley /Magnolia Sewer System
Improvements Project No. 08-2713, Kansas Water Pollution Control Revolving
Fund.
(6.4) Award the bid for project number 21007, 2021 Brick Street Rehab to Bryant & Bryant
Construction, Inc. of Halstead, Kansas, in the amount of $104,595.50 with a $5,229 .78
(5%) construction contingency for a total project authorization not to exceed
$109,825.28 and authorize the City Manager to execute a contract with Bryant &
Bryant Construction, Inc. of Halstead, Kansas.
Commissioner Hoppock requested that Item 6 .2 be removed from the consent agenda.
21-0093 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve the consent agenda
as presented. Aye: (4). Nay: (0). Motion carried.
(6.2) Authorize the City Manager to execute a three-year agreement (2021-2023 mowing
seasons) with Fox Lawn and Landscape, LLC for City of Salina Mowing Services in
the amount of $97,873.00 .
Commissioner Hoppock noted that Fox Lawn and Landscape was less than half of the
other two bids which threw up a red flag. He inquired as to what the bid was last year and
who the prior contract was with.
James Teutsch, Director of Public Works, explained the last two contracts were with Fox
Lawn and Landscape. Mr. Teutsch compared elements of the previous contract with the
current proposal. Four new locations were added to the new contract. The difference
between the old and new contract, not taking into account the new locations, is an increase
of1 %.
Commissioner Hoppock inquired as to satisfaction with service from Fox Lawn and
Landscape.
Mr. Teutsch confirmed satisfaction of services indicating the company has had the contract
for six years. Mr. Teutsch added that any company is going to have issues simply because
of the number of locations; however, found the company to be extraordinarily responsive .
Commissioner Hoppock stated he feels much better since the company has done it in the
past. Mr. Hoppock is not questioning the company and was just surprised by the pricing.
Dalton McDowell, Salina, Kansas, stated he has been in the industry and it was way too
much to give to one company. Mr. McDowell indicated Wichita split into zones and it
would be better not to give the contract to one company.
City Manager, Michael Schrage, clarified that competitive requests for proposals were
solicited. The request was divided into four zones and the bidders had the opportunity to
bid selected zones or all zones. Fox Lawn and Landscape was the lowest bidder on all.
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21-0094 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to approve 6.2 as
presented. Aye: (4). Nay: (0). Motion carried.
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ADMINISTRATION
(7 .1) Authorize the City Manager to execute a Fourth Amendment to the Transferee
Agreement with Salina Educational Automotive Museum of America, Inc.
~ Martha Tasker, Director of Utilities, explained the request, fiscal impact and action options.
* ~ Commission Hoppock inquired about the water line and where it runs. A discussion
8 ensued regarding the location of the line and replacement/ relocation of the same.
21-0095 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to authorize the City
Manager to execute a Fourth Amendment to the Transferee Agreement with the Salina Educational
Automotive Museum of America, Inc . Aye: (4). Nay: (0). Motion carried.
(7 .2) First reading of Ordinance No. 21-11057 authorizing the execution of a Loan
Agreement between the City of Salina, Kansas and the State of Kansas for the
purpose of financing improvements to the Wastewater Treatment Plant.
Martha Tasker, Director of Utilities, explained the request, fiscal impact and action options.
Mayor Hodges inquired as to whether or not prepayment is an option to which Martha
Tasker confirmed prepayment is an option.
21-0096 Moved by Commissioner Davis, seconded by Commissioner Ryan, to pass Ordinance No. 21-11057
on first reading authorizing the execution of a Loan Agreement between the City of Salina, Kansas
and the State of Kansas for the purpose of financing improvements to the Wastewater Treatment
Plant. Aye: (4). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
None.
OTHER BUSINESS
None.
ADJOURNMENT
21-0097 Moved by Commissioner Davis, seconded by Commissioner Ryan, that the regular meeting of the
Board of City Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting
adjourned at 5:57p.m.
M,wer~1i,,(0i~\~
[SEAL] Melissa Rose Hodges, Mayor
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