07-19-2021 Minutes-
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
July 19, 2021
4:00p.m.
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, 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
None.
CITIZENS FORUM
David Norlin, Salina, Kansas, via Zoom, offered key perspectives to be reviewed by the
Governing Body during the executive session related to Salina Media Connection which
included provisions of the agreement, date of termination of city support, unrealistic
expectations, misinformation, staff, partnership, and assets. Clarification was provided on
the date of the agreement being referenced by Mr. Norlin.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6 .1) Approve the minutes of July 12, 2021.
(6.2) Authorize the Mayor to execute an agreement with the Kansas Department of
Transportation (KDOT) for the Magnolia Road sidewalk project accepting up to
$422,892.00 of federal funds .
21-0182 Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) 2021 Bond Refunding
(7.la) Approve Resolution No. 21-7969 authorizing the offering for sale of General
Obligation refunding bonds Series 2021-B of the City of Salina.
(7.lb) Adopt on first reading Ordinance No . 21-11064 authorizing the issuance and
delivery of general obligation refunding bonds Series 2021-B .
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21-0184
21-0185
(7.lc) Authorize the City Manager to enter into an agreement with Stifel, Nicolaus
& Company, Inc. to provide Financial Advisor services for the City of Salina
for the issuance of the 2021 General Obligation refunding bonds .
Debbie Pack, Director of Finance and Administration, explained the request, fiscal impact
and action options.
A discussion followed regarding monetary amounts, funding period, reduction of
payments and reduction of debt.
Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to approve Resolution No.
21-7969 authorizing the offering for sale of General Obligation refunding bonds Series 2021-B of
the City of Salina. Aye: (5). Nay (0). Motion carried.
Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to adopt, on first reading,
Ordinance No. 21-11064 authorizing the issuance and delivery of general obligation refunding
bonds Series 2021-B. Aye: (5). Nay (0). Motion carried.
Moved by Commissioner Hoppock, seconded by Commissioner Davis, to authorize the City
Manager to enter into an agreement with Stifel, Nicolaus & Company, Inc. to provide Financial
Advisor services for the City of Salina for the issuance of the 2021 General Obligation refunding
bonds. Aye: (5). Nay: (0). Motion carried.
(7.2) Authorize the Mayor to execute Amendment No. 1 with Overland Contracting, Inc.
for Phase lB of the Wastewater Treatment Plant Improvement Project, Project No.
20028 .
Martha Tasker, Director of Utilities, explained the request, fiscal impact and action options.
A discussion ensued which encompassed financing options, economic development funds,
utility reserve funds, and review of engineering expenses.
21-0186 Moved by Commissioner Ryan, seconded by Commissioner Peck, to authorize the Mayor to
execute Amendment No. 1 with Overland Contracting, Inc. for Phase lB of the Wastewater
Treatment Plant Improvement Project, Project No. 20028. Aye: (5). Nay: (0). Motion carried.
(7.3) Campbell Plaza Guaranteed Maximum Price Proposal Discussion.
Commissioner Ryan and Commissioner Hoppock recused themselves due to conflicts of
interest.
Mike Schrage, City Manager, explained the request, fiscal impact and action options .
A discussion followed which included the guaranteed maximum price, estimates, and the
logistics of relocating the existing stage currently located at Campbell Plaza. Commissioner
Davis inquired about public access to the plaza. Mr. Schrage confirmed the plaza would be
available for public reservation and utilization. Commissioner Davis further inquired
about the possibility of having to build another stage in the future. Further discussion
developed related to proposed costs, relocation of the existing stage, building an additional
stage and what that would entail. Commissioner Peck asked if Mr. Wilson (Restore) would
provide a proposal and formalized agreement. Mr. Schrage indicated responsibilities
would need to be divided between the city and Restore. Additional discussion took place
regarding the relocation of the existing stage.
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Tim Blake, Wheat State Hospitality, Salina, Kansas, indicated that he has gotten very little
accomplished due to the city's cumbersome bid process and having one approved
contractor would greatly expedite the project.
Commissioner Davis questioned whether moving the stage would require special expertise
or subcontracting. Mr. Schrage indicated Restore would be the general contractor. Further
discussion was then pursued relating to the cost of relocating the existing stage, the
expanded construction scope, change in budget, value of the stage structure being
relocated, and reasoning for expedition of the project. Commissioner Peck shared concern
about circumventing the process to avoid bureaucracy when not all projects are allowed to
proceed in that manner.
Further discussion followed related to logistics of relocating the existing stage and the Ad
Astra location. Mr. Schrage indicated the existing stage has to be removed from Campbell
Plaza and the city would need to decide where it would be relocated to for the Campbell
Plaza project to proceed. Mayor Hodges inquired about repurposing at the river area and
using that as a possible location. Mr. Schrage advised the river area project was a ways out
and there was not enough information to make that determination.
Brad Anderson, Director of Arts and Humanities, indicated his department had looked at
river plans thus far, looked at the building authorities' plans and other downtown
locations. Mr. Anderson further indicated that the support of Campbell Plaza was driven
by more programming space as crowd capacity was already being exceeded for some
programming. Mr. Anderson addressed the concerns of Commissioner Peck and indicated
the reason for relocation of the stage to Ad Astra was visibility and the fact the stage would
compliment other overhead structures in the downtown area. Mr. Anderson also
addressed Mayor Hodges indicating the largest concern with the river location was
competition with the performing arts center (Salina Community Theatre) located across the
street.
Commissioner Peck asked if it would matter if Ad Astra were to leave the current location.
Mr. Anderson provided proximity to Ad Astra would have no effect and the possibility
existed of the parking lot being renamed.
James Teutsch, Director of Public Works, reiterated the opportunity for naming rights to
the parking lot and indicated the subject corner had been underutilized. Mr. Teutsch
offered his knowledge related to the logistics of relocation of the stage and suggested there
were a large number of tasks that Restore could integrate that would normally require a
separate contracts/bid process which would result in additional costs .
Commissioner Peck inquired if Restore had worked on a project similar to the subject
project. Dr. Moeller, Restore, Salina, Kansas, indicated they had not moved a structure
such as the one being discussed and Ferco, Inc . would be subcontracted for that purpose.
Additional discussion ensued related to timeline of project, bidding process and bid
expectations.
Dan Stack, City Engineer, explained the development agreement process and added it
would be a challenge to obtain bids at the current time with increased prices. Costs and
expectations were again discussed.
Ken Reitz, Salina, Kansas, provided his thoughts on the project.
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,. 21-0187 Moved by Commissioner Davis, seconded by Commissioner Peck, to instruct staff to proceed with
negotiation of a guaranteed maximum price contract with Restore Construction for the purpose of
constructing the Ad Astra stage, relocating the existing overhead structure from Campbell Plaza to
the Ad Astra stage and completion of the Campbell Plaza improvement and new Campbell Plaza
stage construction. Aye: (3). Nay: (0). Motion carried.
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The City Commission recessed at 5:46 p.m. for a 5 minute break. The meeting resumed at
5:51 p .m.
Commissioner Ryan and Commissioner Hoppock returned .
DEVELOPMENT BUSINESS
(8.1) Approve Ordinance No. 21-11065, approving the Feast on the Fe as a special event
and authorizing the consumption of alcoholic liquor within the boundaries of
barricaded public areas at such event.
Mayor Hodges advised the ordinance had been amended to include an alternate date.
There were no additional questions or comments.
21-0188 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve Ordinance No. 21-
11065, on second reading, approving the Feast on the Fe as a special event and authorizing the
consumption of alcoholic liquor within the boundaries of barricaded public areas at such event.
Aye: (5). Nay: (0). Motion carried.
(8 .2) Authorize the City Manager to execute a Sidewalk Cafe License Agreement with
Chuck's, Inc . dba Paramount Bar authorizing the placement and construction of an
outdoor sidewalk dining area in front of the Paramount Bar at 219 North Santa Fe
Ave.
Dean Andrew, Director of Planning, explained the request, fiscal impact and action options.
A discussion followed regarding clearance surrounding the area, as well as features of the
overhead door located in the area, location of entry to the area, and by what manner the
fencing was connected to the building.
21-0189 Moved by Commissioner Ry an, seconded by Commissioner Hoppock, to authorize the City
Manager to execute a Sidewalk Cafe License Agreement with Chuck's, Inc. dba Paramount Bar
authorizing the placement and construction of an outdoor sidewalk dining area in front of the
Paramount Bar at 219 North Santa Fe Ave. Aye: (5). Nay: (0). Motion carried.
(8.3) Approve Resolution No. 21-7971 Adopting The Salina Housing Policy .
Lauren Driscoll, Director of Community & Development Services, explained the request,
fiscal impact and action options.
A discussion followed related to basic criteria for the policy, the approval process, and
annual review. It was determined the policy would be amended to include annual review
language.
r 21-0190 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to approve Resolution No.
21-7971 adopting the Salina Housing Policy as amended to include annual review. Aye: (5). Nay:
(0). Motion carried. ...
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21-0191
21-0192
O THER B USINESS
Commissioner Davis inquired about a Community Relations office organizational chart.
Mike Schrage, City Manager, indicated an internal conversation would be arranged and the
conclusions would be reported to the Governing Body.
Mayor Hodges stated there was a significant increase in Covid-19 and variants of the virus
and asked for information regarding vaccination percentage of first responders, strategies
put in place, and transmissions within city departments.
Commissioner Hoppock commented on the Broadway street improvements and thanked
staff for a job well done.
(9.1) Request for executive session (Attorney-Client Privilege).
(9.la) Possible action to follow.
Moved by Commissioner Ryan, seconded by Commissioner Hoppock that the City Commission
recess into executive session for 45 minutes to discuss with legal counsel the subject of the legal
aspects of the City's rights and remedies relating to enforcement of the Agreement between the
City of Salina and Community Access Television of Salina, Inc. d/b/ a Salina Media Connection
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 KS.A. 45-7319(b)(2). The open
meeting will resume in this room at 7:17 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 6:32 p.m. and reconvened at 7:17
p .m. Also present in executive session: Mike Schrage, City Manager; Jacob Wood, Deputy
City Manager; Greg Bengtson, City Attorney.
Moved by Commissioner Ryan, seconded by Commissioner Davis that the City Commission recess
into executive session for 20 minutes to discuss with legal counsel the subject of the legal aspects of
the City's rights and remedies relating to enforcement of the Agreement between the City of Salina
and Community Access Television of Salina, Inc. d/b/ a Salina Media Connection 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 KS.A. 45-7319(b)(2). The open meeting will resume in
this room at 7:37 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 7:17 p .m. and reconvened at 7:37
p.m. Also present in executive session: Mike Schrage, City Manager; Jacob Wood, Deputy
City Manager; Greg Bengtson, City Attorney.
Mike Schrage, City Manager, provided an account of the conversations that have occurred
between the city and Salina Media Connection (SMC) over the years and provisions of the
agreements and amendments entered into related to termination of the agreement, fund
balance. Mr. Schrage indicated there were three points to be discussed relating to non-
renewal of the agreement which were identified as equipment, detailed accounting of
funds and occupancy of Memorial Hall. Mr. Schrage also indicated staff had been in
contact with SMC regarding the provisions of the agreement and the documentation
required from SMC. SMC did provide a list of equipment funded by grants and a list of
additional equipment they requested to retain; however, no accounting for funds was
received distinguishing between city funds and other sources of funds . Mr. Schrage further
provided that there would be a need for communication from the city to SMC to set
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expectations and work through the transition. Mr. Schrage suggested an approach and
outline for said communication.
Nancy Klostermeyer, SMC, stated the document received by SMC indicated to provide a
list of items that were non-city funded, which was provided. Ms. Klostermeyer also stated
that all invoices were ready to be submitted, a spreadsheet had been prepared for all
income and expenses since the initiation of SMC and it seemed that communication had
been an issue.
Deborah Cox, SMC, mentioned SMC did need to have a conversation with their attorney,
who has been on vacation and not able to contact the city, and said attorney will be touch.
Further discussion followed regarding contribution percentage, detailed accounting, and
need for articulated communication. A timeline was provided for equipment inventory
and accounting, as well as delivery of communication and possession of Memorial Hall.
21-0193 Moved by Commissioner Hoppock, seconded by Commissioner Ryan, that city staff and legal
counsel be directed to complete a communication to be signed by the Mayor and delivered to
Salina Media Connection based upon legal advice provided by legal counsel and direction given
by the Governing Body, City Manager and Deputy City Manager during today's executive session
and subsequent open meeting. Aye: (5). Nay: (0). Motion carried.
ADJOURNMENT
21-0194 Moved by Commissioner Ryan, seconded by Commissioner Peck, that the regular meeting of the
Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
adjourned at 7:58 p.m.
~~1tALlL~
Melissa Rose Ho~g:, ~ayor
[SEAL]
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