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04-19-2021 Minutesr .. ,... ,... 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 Page 1 "' "' z c.. UJ "' .s iii en i :2 g c: 8 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. Page 2 ,..., .. - L "' "' 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. Page 3 21-0094 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to approve 6.2 as presented. Aye: (4). Nay: (0). Motion carried. "' "' z 0.. w "' _!'; 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 Page 4