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06-28-2021 MinutesL - - L "' "' z 0.. lU "' .!: n; Cl( ~ 'C g c: 8 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS June 28, 2021 4:00p.m. The City Commission convened at 2:00 p.m. in Room 107, City-County Building, for the study session consisting of the 2022 Budget Overview. 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. (via Zoom), Michael L. Hoppock, Aaron Peck and Karl Ryan. Also present: Michael Schrage, City Manager; Jacob Wood, Deputy City Manager; Greg Bengtson, City Attorney; and, JoVonna A. Rutherford, City Clerk. AWARDS AND PROCLAMATIONS (3.1) Recognition of the month of June, 2021, as "Elder Abuse Awareness Month" in the city of Salina. Brandi Bohm, DV ACK, read the proclamation and announced related activities . CITIZENS FORUM Norman Mannel, Salina, Kansas, provided his thoughts on free speech, voting laws, and accountability of government officials. Susan LaRue, Salina, Kansas presented issues experienced with the due date on her water bill and the overgrown grass and/ or weeds at Indian Rock Park. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing to consider adoption of Resolution No. 21-7968, declaring a certain structure located at 823 Spruce St., in the City of Salina, to be unsafe and dangerous; directing that the structure be repaired or removed; and establishing a reasonable time within which the repair or removal of such structures shall commence and be completed. Mayor Hodges opened the public meeting. Sean Pilcher, Building Official, explained the request, fiscal impact and action options. Phil Black, 815 Spruce, Salina, Kansas, shared his concerns with the structure at 823 Spruce Street which included possible air contamination. Sierra Hem, Salina, Kansas, current owner of the property, explained her intentions to sell or demolish the structure. A discussion followed regarding notice and due date for action, maintenance of yard, fees assessed to the property, and past due real estate taxes. Mayor Hodges closed the public hearing. Page 1 ...., 21-0167 LJ "' "' Moved by Commissioner Hoppock, seconded by Commissioner Peck, to approve Resolution No . 21-7968. Aye: (5) Nay: (0). Motion carried. CONSENT AGENDA (6.1) (6.2) (6.3) Approve the minutes of June 21, 2021. Approve the donation of 90 hemorrhage control kits to utilize in the event of a traumatic injury to be paid in full by the SPD Excellence Fund. Award the bid for project number 21011 -City Parking Lot Repairs to Davis Concrete Construction in the amount of $31,295.81 with a 5% construction contingency for a total project authorization not to exceed $32,860.60 and authorize the City Manager to execute a contract with Davis Concrete Construction upon fulfillment of all prerequisites under the bid documents. (6.4) Award the bid for project number 21013 -2021 Chip Seal to APAC-Kansas, Inc., Shears Division, Salina Branch, in the amount of $162,974.61witha5% construction contingency for a total project authorization not to exceed $171,123.34 and authorize the City Manager to execute a contract with APAC-Kansas, Inc., Shears Division, Salina Branch, upon fulfillment of all prerequisites under the bid documents. Mayor Hodges expressed gratitude for the donation received by the SPD Excellence Fund. M 21-0168 Moved by Commissioner Ryan, seconded by Commissioner Peck, to approve the consent agenda as presented. Aye: (5) Nay: (0). Motion carried. 1111 r ... ADMINISTRATION (7.1) Second Reading, Ordinance No. 21-11052, amending the Salina Code pertaining to prohibitions of smoking and the use of electronic cigarettes in enclosed public places, public meetings, and enclosed places of employment; prohibitions of smoking, the use of electronic cigarettes, and the use of tobacco products in city outdoor recreational areas; and repealing the existing sections. Mayor Hodges confirmed Ordinance No. 21-11052 was passed, on first reading, on June 21, 2021, and shared the fact that three emails regarding said ordinance had been sent to the City Commission group email. Mike Schrage, City Manager, clarified the current version contained no exemption for the golf course. Chad Farber, Salina, Kansas, stated his adverse opinion related to the Governing Body enacting more restrictions and mandates on the public. He further stated the public had the right to make decisions and asked for reconsideration of the decision made regarding the ordinance at the previous meeting. Norman Mannel, Salina, Kansas, commented "one for all and all for one." Terry White, Salina, Kansas, shared her thoughts against the ordinance and stated she felt there should not be a mandate . Joan Ratzliff, Salina, Kansas, commented she was in favor of the approach taken for the River Festival of designated smoking areas . Page2 Ill M z Q. w "' £ iii (f) 21-0 J 9 g § u Commissioner Davis addressed concerns with smoking, danger to health and subsequent danger of the practice becoming a societal norm. Mr. Davis stated he felt a uniform policy was needed. Commissioner Hoppock, stated it was proven that second hand smoke in enclosed areas was hazardous to health. Mr. Hoppock further commented that the parks and golf course contain acres of land, no complaints had been received related to smoking at the parks; and, as such, he was concerned with overreach on the part of the Governing Body. Moved by Commissioner Davis, seconded by Commissioner Peck, to approve Ordinance No. 21- 11052 on second reading. Aye: (3) Nay: (2 [Hoppock/Ryan]) Motion carried. (7 .2) Salina Media Connection Agreement Discussion. Jacob Wood, Deputy City Manager, explained the request, fiscal impact, and action options. Commissioner Ryan requested a review of costs which Mr. Wood provided. A discussion ensued which included the possibility of a month-to-month arrangement, termination of agreement, transition of service and equipment, disposition of channel 21, and Salina Public Library media proposal. Deborah Cox, Salina Media Connection (hereinafter referred to as SMC), stated her belief that there was a misunderstanding in their proposal in that the proposals were meant to be suggestions. She further stated their desire to negotiate the terms for continuation of funding to SMC. Nancy Klostermeyer, Salina, Kansas, representative of SMC, provided clarification that the request made by them was not for annual funding . Ms. Klostermeyer also requested a break out of costs for the building related to the other occupants and expenses. Sue Buske, via Zoom, stated she was contacted by Greg Stephens, on behalf of SMC, to provide guidance to SMC. Ms. Buske stated she had reviewed all correspondence and information provided to her by SMC, provided her thoughts and ideology on the subject, and indicated her approach was to try to find a happy medium for the needs of all parties involved. Nancy Klostermeyer, reiterated SMC's focus and dedication to its role as a documentarian of community issues, actions, activities and events . David Norlin, Salina, Kansas, commented about a believed perception of delay on the part of SMC. Mr. Norlin further provided his thoughts on the information provided by staff, library participation, and opportunity for collaboration. Mr. Norlin requested the Governing Body provide adequate time and thought to the matter. Further discussion ensued during which Commissioner Davis shared he was in favor of extending the current agreement on a month-to-month basis which would provide an unpressured, relaxed period to negotiate a new contract. Commissioner Hoppock provided his thoughts on channel 21 as well as channel content and viewing. Mr. Hoppock further commented that the present issues related to SMC are issues that have been discussed for years and he is in favor of terminating the contract. Commissioner Davis stated in response that SMC needed a fair chance to succeed. Page 3 - L "' "' Commissioner Ryan added his frustration with the promises made by SMC which failed. Commissioner Ryan stated a fresh start was needed as well as possible change of leadership. Commissioner Davis suggested further negotiation with SMC. Commissioner Peck inquired about the potential division of equipment. Michael Schrage, City Manager, stated that pursuant to terms in the agreement, the equipment would revert back to the city . Mayor Hodges indicated she shared the frustrations with Commissioner Hoppock and Commissioner Ryan in that the city has dealt with these issues again and again. May or Hodges further indicated that she believed channel 21 had potential that had not been met but she was not interested in a continued partnership. Mayor Hodges realized the importance of the citizens being able to learn, create and upload their own content, provided thoughts on creative access for our citizens and commended city staff for their actions. Sue Buske added additional comments in support of SMC. 21-0170 Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to allow the contract to terminate on June 30, 2021, and discontinue use of channel 21. No vote was taken as Commissioner Davis requested discussion. A discussion follow ed related to further information being requested, budget and the appropriate action to be n taken. .. 21-0171 Moved by Commissioner Davis to amend the original motion to send out Request for Proposal for organizations that would like to assume responsibility for channel 21. There was no second, motion died. 21-0172 Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to allow the contract to terminate on June 30, 2021, and discontinue use of channel 21. Aye: (4) Nay: (1 [Davis]) Motion carried. DEVELOPMENT BUSINESS (8.1) Second Reading, Ordinance No. 21-11063, vacating the existing utility easement located at 3344 Scanlan Avenue. Commissioner Hoppock recused himself. Mayor Hodges stated Ordinance No. 21-11063 was passed, on first reading, on June 21, 2021, and no comments have been received since that date. 21-0173 Moved by Commissioner Ryan, seconded by Commissioner Peck, to approve Ordinance No. 21- 11063 on second reading. Aye: (4) Nay: (0). Motion carried. Commissioner Hoppock returned to the meeting. OTHER BUSINESS Commissioner Davis noted that restricting smoking in public parks was not going to receive any news anywhere in the United States. Page 4 ADJOURNMENT 21-0174 Moved by Commissioner Ryan, 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 5:56 p.m. ~'tM~?/lv~~ Melissa Rose Hodges, Mayor [SEAL] ATTEST : ~---... Page 5