09-13-2021 Minutesr
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
Septelllber13,2021
4:00 p.lll.
The City Commission convened at 2:30 p.m. in Room 107, City-County Building, for the study
session which consisted of a Parks and Recreation presentation on ballfields and bathrooms.
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. A 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), Trent W. Davis,
M.D., Michael L. Hoppock, Aaron Peck and Karl Ryan.
Also present: Mike 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 September 18, 2021, as Relay for Life Day in the city of Salina.
(3.2)
Shandi Wicks, Relay for Life Event Leadership Member read the proclamation and
announced related activities.
Recognition of the week of September 19, 2021, to September 25, 2021, as Adult
Education and Family Literacy week in the city of Salina. Kelly Mobray read the
proclamation and announced related activities.
(3 .3) Recognition of the month of September, 2021, as Childhood Cancer Awareness
Month in the city of Salina. Bryce Doonan read the proclamation and announced
related activities.
CITIZENS FORUM
Deborah Corrales, Salina, Kansas, presented Overland Park's renewed breed neutral dog
ordinance. Ms. Corrales stated she had requested information from city staff regarding
intake/ outcome from the animal shelter as well as DNA test results. Ms. Corrales further
stated she had received the intake/ outcome records but had not received the DNA t est
results as there had been issues with a possible charge for downloading and/ or inspection
of those records . Mike Schrage, City Manager, invited Ms. Corrales to contact him outside
the meeting to sort through the matter. Mayor Hodges requested she be kept apprised of
the situation.
Rosemary Mai, Salina, Kansas, inquired as to how much it was costing the taxpayers to pay
for two attorneys to fight the petition (limiting the power of the Governing Body) that had
been signed by several citizens to go to vote in November.
Carol Reed, Salina, Kansas, reviewed the contents of the Petition referenced by Ms . Mai.
Ms. Reed further reviewed a portion of the Kansas Emergency Management Act and stated
counties should respond to emergencies, not cities. Ms. Reed also touched on the home
rule authority enacted by the city of Salina. Ms. Reed stated that voting yes would prevent
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the Governing Body from infringement on individual liberties and on the operation of local
businesses in response to an emergency. Ms. Reed also shared that the city of Salina had
filed a lawsuit in the Saline County District Court fighting the validity of the petition. In
closing, Ms. Reed stated she wanted voices to be heard at the ballot box and provided
information on making donations to the cause.
Dalton McDowell, Salina, Kansas, shared his thoughts on the current state of landscape
maintenance at the Ohio Street overpass .
Cheri Harp, Salina, Kansas, stated she agreed there was a maintenance issue for entry ways
into Salina including roadways and sidewalks. Ms. Harp further stated that Friday,
September 17th, was Constitution Day and Citizenship Day and that children should be
taught about the constitution and freedoms. Mayor Hodges stated she will follow up on
the comments on maintenance as she had heard those comments as well.
Brian Duncan, Salina, Kansas, citizen and assistant tennis coach at South Middle School,
spoke on the tennis situation and stated he was speaking as a citizen, not on behalf of the
school. Mr. Duncan stated they practice at Sunset Park and the courts are in really bad
shape there. Mr. Duncan further stated he was concerned that if the tennis courts were
taken out, it would be a challenge to get kids to the new facility as well as a detriment to
the neighborhood kids that play there. A discussion followed related to the Sunset courts
being used for school practice, the conversations that had taken place in that regard
between the city of Salina and school representatives and best possible use of the space.
Norman Mannel, Salina, Kansas, stated that whenever an issue comes up that would be a
concern of the people, it should be put in front of the people to vote on. Mr. Mannel
provided further thoughts on the upcoming election and commission vacancies.
Commissioner Davis commended all of the city staff and individuals who were involved in
the Smoky Hill River Festival and the success of the event after many adjustments were
made so the event could proceed.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing -Rural Housing Incentive District
Lauren Driscoll, Director of Community & Development Services, explained the request,
fiscal impact and action options.
(5.la) Conduct Public Hearing.
Commissioner Davis inquired and Ms. Driscoll confirmed that there would be two separate
public hearings to give citizens at the meeting the opportunity to speak and said citizen
statements would be made part of the record on October 18, 2021.
Mayor Hodges opened the public hearing.
Eric Brown, President of Salina Area Chamber of Commerce and speaking on behalf of the
Salina Area Chamber of Commerce in support of the Rural Housing Incentive, shared the
importance of housing in our community at the present time. Mr. Brown stated any county
or community under 66,000 population in the state of Kansas do qualify and can use this
tool. Mr. Brown further stated that this tool will go a long way in helping create housing
levels that are needed and make sure employers have employees that can find housing.
Mr. Brown, in addition, confirmed support of the Moderate Income Housing grant.
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Mitch Robinson, Salina, Kansas, Executive Director of Salina Community Economic
Development Organization, shared his support of the project and congratulated the city of
Salina on the work that has been completed. Mr. Robinson stated that with the
development of new tools such as the Rural Housing Incentive Development (RHID) and
Industrial Revenue Bonds will help bring attention to the local development community
and across the state.
"' ~ Mayor Hodges closed the public hearing.
(/) J (5.lb) Approve Resolution No. 21-7985 and set a public hearing date for the
~ Creation of a Rural Housing Incentive District.
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21-0266 Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to approve Resolution No.
21-7985 and set a public hearing date of October 18, 2021, for the creation of a Rural Housing
Incentive District. Aye: (5). Nay (0). Motion carried.
21-0267
(5.lc) Approve Resolution No. 21-7986 and approve submittal of an MIH
application.
Mayor Hodges stated she noticed as part of the application it was required that an
emergency access plan be included which took her back to a previous subdivisions that had
been discussed in regards to access roads and requested an update on inventory for access
roads for subdivisions, conditions and usability. Lauren Driscoll, Director of Community
Services, clarified that Mayor Hodges was referencing the application for RHID and not the
MIH and noted an inventory had been compiled and could be included in the meeting
packet. A discussion followed regarding plan requirements, statutory requirements,
expediting of construction, entrance points, and waiver of permit fees .
Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve Resolution No. 21-
7986 and approve submittal of an MIH application. Aye: (5). Nay (0). Motion carried.
(5.2) Superior Contracting & Management Services
Mike Schrage, City Manager, explained the request, fiscal impact and action options.
(5 .2a) Public Hearing -Issuance of Industrial Revenue Bonds for Superior
Contracting & Management Services in the Approximate Principal Amount
of $9,000,000 .
Mayor Hodges opened the public hearing.
Mark Millard, Salina, Kansas, Chief Financial Officer of Superior Contracting
Manufacturing Services, corrected the company name and offered appreciation for all the
help in the process.
Mitch Robinson, Salina, Kansas, Executive Director of Salina Community Economic
Development Organization, shared his support of the project and stated he has visited the
facilities and they are a great addition.
Mike Schrage, City Manager, confirmed the company name was stated correctly in the
resolution related to the matter.
Mayor Hodges closed the public hearing.
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21-0269
21-0270
(5.2b) Resolution No. 21-7987 Determining the Advisability of Issuing Industrial Revenue
Bonds and Entering into a Performance Agreement with Superior Contracting &
Management Services.
Moved by Commissioner Ryan, seconded by Commissioner Hoppock, to approve Resolution No.
21-7987 determining the advisability of issuing industrial revenue bonds and entering into a
performance agreement with Superior Contracting & Management Services . Aye: (5). Nay (0).
Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of August 23, 2021.
Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve Item 6.1 of the
consent agenda as presented. Aye: (5). Nay (0). Motion carried.
ADMINISTRATION
(7.1) Second reading, Ordinance No. 21-11078, unconditionally approving the Issuance of
General Obligation Bonds by the Salina Airport Authority for the Purpose of
Financing the Cost of Certain Capital Improvements Located at the Salina Regional
Airport and Airport Industrial Center.
Mayor Hodges stated Ordinance No. 21-11078 was first passed on August 23, 2021,and
there have been no comments received since that time .
Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to approve Ordinance No .
21-11078 on second reading. A roll call vote was taken. Aye: (5). Nay (0). Motion carried.
(7.2) Approve Resolution No. 21-7984 expressing the support of the Governing Body of
the City of Salina, Kansas, to participate in a Land Water Conservation Fund
(LWCF) matching grant opportunity for the City of Salina.
Chris Cotten, Director of Parks and Recreation, explained the request, fiscal impact and
action options .
A discussion followed related to the grant process, work being delayed on the fields due to
grant application, grant specifics, timeline of grant process, and possible amount of grant
funds to be received
Carol Reed, Salina, Kansas, shared her thoughts on the entrance and exit at Bill Burke, as
well as the Magnolia soccer fields, being extremely dangerous at times of weather
emergencies . Mike Schrage, City Manager, indicated there was an exit installed over the
levy that is not accessible all the time but is available for emergency use.
Norman Mannel, Salina, Kansas, inquired about the representatives of the Kansas
Department of Wildlife and Parks who would be awarding this grant.
Cheri Harp, Salina, Kansas inquired if the additional exit at Bill Burke was by foot. Mike
Schrage, City Manager, confirmed it was for use by vehicles in an emergency situation.
Dalton McDowell, Salina, Kansas, questioned the possibility of a storm shelter being
installed at Bill Burke with the funds being put into the park.
Mayor Hodges indicated the safety issues presented merited ongoing discussion.
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,... 21-0271 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve Resolution No. 21-
7984 . Aye: (5). Nay (0). Motion carried.
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21-0272
(7 .3) Agreement and Agreement Amendments Pertaining to Campbell Plaza, Ad Astra
Plaza and Wheat State Hospitality Transferee & License Agreements.
(7.3a) Authorize Guaranteed Maximum Price Contract with Restore Construction
Regarding Campbell Plaza and Ad Astra Plaza.
Commissioner Ryan recused himself on Item 7.3a.
Commissioner Hoppock recused himself on Items 7.3a, 7.3b, and 7.3c.
Mike Schrage, City Manager, explained the request, fiscal impact and action options for
7.3a.
A discussion ensued related to preparedness of contractors to begin project, scope of
renovations, clarification of applicant and property owner, transfer of property,
construction timelines and lack of prohibitions on ability of work being completed on
property.
Moved by Commissioner Davis, seconded by Commissioner Peck, to authorize the City Manager
to execute a Guaranteed Maximum Price Contract with Restore Construction, LLC in the amount
of $322,367.75 for the purpose of renovating Campbell Plaza, constructing a new stage in the
southwest corner of Santa Fe Avenue and Ash Street and relocating the overhead structure from
Campbell Plaza to the new stage location as further detailed in the contract project description and
Exhibit B of the contract. Aye: (3). Nay (0). Motion carried.
Commissioner Ryan rejoined the meeting.
(7 .3b) First Amendment to Wheat State Hospitality Transferee Agreement
Regarding Project Completion Date.
Mike Schrage, provided a recapitulation of Item 7.3a.
A discussion followed which entailed the liquor license, sidewalk entrance, restricted
access of licensed area to minors, hours of operation, proposed timeline, relocation of the
stage structure, frustration with delays in construction, responsibility for delays and
financial issues, the structure being open to the elements, programming planning,
completion date and additional action options.
21-0273 Moved by Commissioner Davis, seconded by Commissioner Peck, to reconsider Item 7.3a. Aye:
(4). Nay (0). Motion carried .
21-0274
Commissioner Ryan recused himself.
Options were discussed on action to be taken. Further discussion followed on the
construction completion date and defined term of substantial completion.
Moved by Commissioner Davis, seconded by Commissioner Peck, to amend the Guaranteed
Maximum Price Contract with Restore Construction, LLC to change the substantial completion
date to March 1, 2022. Aye: (3). Nay (0). Motion carried.
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,..... Greg Bengtson, City Attorney, confirmed the original motion was before the Governing
Body as amended.
... 21-0275 Moved by Commissioner Davis, seconded by Commissioner Peck, that the Guaranteed Maximum
Price Contract with Restore Construction, LLC be authorized regarding Campbell Plaza and Ad
Astra Plaza, as amended. Aye: (3). Nay (0). Motion carried.
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Commissioner Ryan rejoined the meeting.
Mayor Hodges reiterated the action taken on Item 7.3a.
Discussion continued on Item 7.3b which consisted of the completion date.
Chad Farber, Salina, Kansas, clarified 7.3a was in regards to the city's aspect of the project
and 7.3b was in regards to Wheat State's project which was the restaurant and confirmed
the plaza work was to be done by March 1st and the restaurant would be May 1st.
21-0276 Moved by Commissioner Davis, seconded by Commissioner Peck, to authorize the City Manager
to execute the First Amendment to the Wheat State Hospitality Transferee Agreement amending
the completion deadline from September 1, 2021 to May 1, 2022. Aye: (4). Nay (0). Motion carried .
(7.3c) Wheat State Hospitality License Agreement revised to further address hours
of operation & site control by the Licensee and utilization of the Licensed
Plaza as an extension of the licensed premises associated with Licensee's
drinking establishment license for the adjoining restaurant.
No discussion took place.
.. 21-0277 Moved by Commissioner Ryan, seconded by Commissioner Davis, to authorize the City Manager
to execute the revised License Agreement with Wheat State Hospitality, Inc . as described. Aye: (4).
Nay (0). Motion carried.
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Commissioner Hoppock rejoined the meeting.
(7.4) Consider Ordinance No. 21-11077 Prohibiting Public Camping.
Brad Nelson, Chief of Police, explained the request, fiscal impact and action options as well
as provided a presentation on homelessness with the city of Salina.
Commissioner Davis asked what would happen after educating a person, they do not move
and you cannot fine them. Chief Nelson provided that an individual could move spot to
spot to spot much like hourly parking and, in a perfect world the individual would go to the
shelter and try to get help.
Chad Young, Salina, Kansas, Salina Rescue Mission, provided education on the different
levels of homelessness, the number of homeless individuals in the city of Salina, facilities that
house homeless individuals, opportunities being provided to the homeless, the willingness
of homeless individuals to receive those opportunities and services. A discussion followed
regarding addiction, redirection, enforcement, and the availability of a social crisis response
team or related resource and funding needed.
Chaz Coberly, Salina, Kansas, Assistant Saline County Attorney, and Salina Community
Theatre Board President. Mr. Coberly stated he was present on behalf of the theatre and in
support of the ordinance. Mr. Coberly further stated his understanding that homelessness
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was a real issue and provided his thoughts and concerns about safety of the hundreds of
people that cycled through the theatre.
Chad Farber, Salina, Kansas, shared his thoughts on homelessness and stated all citizens
have compassion and love of the community. Mr. Farber further stated camping presents a
danger to the public, he is in favor of the ordinance as a tool for law enforcement and would
love to see more information on this matter and what opportunities are available to help .
Dalton McDowell, Salina, Kansas, inquired about training and safety equipment provided to
any individuals performing cleanup of the campsites, as well as disposal of biohazards.
Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to approve Ordinance No.
21-11077, on first reading. Aye: (5). Nay (0). Motion carried.
Mayor Hodges announced there were four executive sessions on the agenda and due to the
county planning meeting in the same room, the Governing Body would recess and
reconvene in Room 105 to proceed with the executive sessions. Mayor Hodges noted that
the remainder of the meeting would not be televised but should be available for viewing on
You Tube.
Mayor Hodges mentioned an email she had received regarding a confrontation involving
face masks at the river festival that she would be sharing with staff.
(9.1) Executive Session -Attorney-Client Relationship.
n 21-0279 Moved by Commissioner Ryan, seconded by Commissioner Hoppock, that the city commission
recess into executive session, in Room 105, for 20 minutes, to include a 5-minute break, to discuss
• the subject of the legal aspects relating to the contract between the City of Salina and Community
Access Television dba Salina Media Connection 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 KS.A. 75-7319(b)(2). The open meeting will resume in
this room at 7:15 p.m. Aye: (5). Nay (0). Motion carried.
,., 21-0280
(9.la) Possible action to follow.
The City Commission recessed into executive session at 6:55 p.m. and reconvened at 7:15
p.m.
Also present in executive session: Mike Schrage, City Manager; Jacob Wood, Deputy City
Manager, and Greg Bengtson, City Attorney.
Mike Schrage, City Manager, summarized agreement reached between Salina Media
Connection and the city of Salina and stated legal counsel was authorized to prepare a final
agreement to be signed.
Nancy Klostermeyer, Salina, Kansas, on behalf of Salina Media Connection agreed with the
summarization and stated the process had taken longer than anticipated.
A discussion took place regarding the archiving of historical recordings and information.
Moved by Commissioner Hoppock, seconded by Commissioner Davis, to direct city legal counsel
to draft final terms based on the September 13, 2021, summary of settlement statement along with
continued conversations dealing with archived files. Aye: (5). Nay (0). Motion carried.
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21-0282
(9.2) Executive Session -Attorney-Client Relationship.
Moved by Commissioner Ryan, seconded by Commissioner Peck, that the city commission recess
into executive session, in Room 105, for 30 minutes to discuss with defense counsel the subject of
the legal aspects of a notice of claim asserted against the City under the Fair Labor Standards Act,
Kansas Common Law Whistle Blower Protection, and Defamation Under Kansas Law 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. 75-7319(b)(2). The open meeting will resume
in this room at 7:55 p.m. Aye: (5). Nay (0). Motion carried.
(9.2a) Possible action to follow.
The City Commission recessed into executive session at 7:25 p.m. and reconvened at 7:55
p.m. No action was taken.
Also present in executive session: Mike Schrage, City Manager; Jacob Wood, Deputy City
Manager, and Greg Bengtson, City Attorney, Natalie Fischer, Director of Human
Resources, and Terelle Mock, Attorney.
(9.3) Executive Session -Attorney-Client Relationship .
Moved by Commissioner Hoppock, seconded by Commissioner Peck that the city commission
recess into executive session for 10 minutes to discuss the subject of the legal aspects of potentially
engaging defense counsel in relation to pending personnel matters under the purview of the City
Manager 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. 75-7319(b)(2). The
open meeting will resume in this room at 8:05 p.m. Aye: (5). Nay (0). Motion carried.
(9.3a) Possible action to follow.
The City Commission recessed into executive session at 7:55 p .m . and reconvened at 8:05
p.m.
Also present in executive session: Mike Schrage, City Manager; Jacob Wood, Deputy City
Manager, and Greg Bengtson, City Attorney, and Natalie Fischer, Director of Human
Resources.
21-0283 Moved by Commissioner Hoppock, seconded by Commissioner Peck that the city commission
recess into executive session for 10 minutes to discuss the subject of the legal aspects of potentially
engaging defense counsel in relation to pending personnel matters under the purview of the City
Manager 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. 75-7319(b)(2). The
open meeting will resume in this room at 8:15 p.m. Aye: (5). Nay (0). Motion carried.
(9.3a) Possible action to follow .
The City Commission recessed into executive session at 8:05 p.m. and reconvened at 8:15
p .m.
Also present in executive session: Mike Schrage, City Manager; Jacob Wood, Deputy City
Manager, and Greg Bengtson, City Attorney, and Natalie Fischer, Director of Human
Resources.
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21-0285
Mike Schrage, City Manager, summarized the discussion to engage the law firm of Fisher
Patterson Sayler & Smith with regard to personnel matters.
Dalton, McDowell, Salina, Kansas, inquired about the additional cost of this engagement to
the city of Salina.
Moved by Commissioner Ryan, seconded by Commissioner Hoppock, to authorize the City
Manager to engage the law firm of Fisher, Patterson, Sayler & Smith in relation to personnel
matters under the purview of the City Manager. Aye (5). Nay (0). Motion carried.
(9.4) Executive Session -Attorney-Client Relationship.
Moved by Commissioner Hoppock, seconded by Commissioner Davis, that the city commission
recess into executive session for 10 minutes to discuss with defense counsel the subject of the legal
aspects relating to pending personnel matters under the purview of the City Manager 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. 75-7319(b)(2). The open meeting will resume
in this room at 8:28 p.m.
(9.4a) Possible action to follow.
The City Commission recessed into executive session at 8:18 p.m. and reconvened at 8:28
p.m. No action was taken.
Also present in executive session: Mike Schrage, City Manager; Jacob Wood, Deputy City
r Manager, and Greg Bengtson, City Attorney, and Natalie Fischer, Director of Human
Resources, and Terelle Mock, Attorney.
1111 21-0286 Moved by Commissioner Hoppock, seconded by Commissioner Peck, that the city commission
recess into executive session for 10 minutes to discuss with defense counsel the subject of the legal
aspects relating to pending personnel matters under the purview of the City Manager 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. 75-7319(b)(2). The open meeting will resume
in this room at 8:39 p.m.
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(9.4a) Possible action to follow.
The City Commission recessed into executive session at 8:29 p.m. and reconvened at 8:39
p .m . No action was taken.
Also present in executive session: Mike Schrage, City Manager; Jacob Wood, Deputy City
Manager, and Greg Bengtson, City Attorney, and Natalie Fischer, Director of Human
Resources, and Terelle Mock, Attorney.
OTHER BUSINESS
None.
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ADJOURNMENT
21-0287 Moved by Commissioner Hoppock, seconded by Commissioner Peck, that the regular meeting of
the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
:g adjourned at 8:39 p.m.
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[SEAL]
ATTEST : -~---
M!VW71P~
Melissa Rose Hodges, Mayor
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