08-23-2021 MinutesIll
..
..
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
August 23, 2021
4:00p.m.
The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107,
City-County Building. The City Clerk verified that notice had been sent for today's City
Commission meeting and 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 (via Zoom) and Karl Ryan.
Also present: Mike Schrage, City Manager, Jacob Wood, Deputy City Manager; Greg Bengtson,
City Attorney and Ashley Russell, Deputy City Clerk.
AWARDS AND PROCLAMATIONS
(3.1) Recognition of the month of September 2021 as "National Recovery Month" in the
City of Salina. Valarie Hicks read the proclamation and announced related
activities.
CITIZENS FORUM
Mayor Hodges asked that citizens speak on Item No . 7.4 when it is called .
Chad Farber, Salina, Kansas, spoke about honoring First Responders and remembering the
sacrifices made surrounding the 20 th anniversary of September 11, 2001 terrorists attacks .
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of August 16, 2021.
(6.2) Award Project No. 21018B, minor concreate, curb and gutter repairs to Davis
Concrete Construction of Salina in the amount of $97,355.50 with a 5 % construction
contingency for a total project not to exceed $102,223.54.
(6.3) Authorize the City Manager to execute a Specialty Contractor Agreement with ALS
Global USA Corp for Remedial Design Phase 2 Laboratory Support-Chemical
Testing of Soil and Water at the Former Schilling Air Force Base Site in the amount
not to exceed $156,768.80 .
(6.4) Board Appointments Resolutions .
(6.4a) Approve Resolution No. 21-7978, appointing members to various Boards
and Commissions.
(6.4b) Approve Resolution No. 21-7981, appointing members to the Community
Art and Design Advisory Committee.
Page 1
Mayor Hodges discussed removing Item 7.7 from the agenda due to staff communication
that payment had been made in full and no longer necessary for the City of Salina to assess .
• 21-0239 Moved by Commissioner Ryan seconded by Commissioner Davis, to remove Item 7.7 from the
agenda . Aye: (5). Nay (0). Motion carried.
r
"' "'
z n. w
"' .!'; ;;;
"' 21-0 ~0
"' '2
~ c:
8
21-0241
Mayor Hodges pulls Item 6.3 from the Consent Agenda.
Moved by Commissioner Ryan seconded by Commissioner Davis to approve Item 6.1and6.2 from
the consent agenda as presented. Aye: (5). Nay (0). Motion carried.
(6.3) Authorize the City Manager to execute a Specialty Contractor Agreement with ALS
Global USA Corp for Remedial Design Phase 2 Laboratory Support-Chemical
Testing of Soil and Water at the Former Schilling Air Force Base Site in the amount
not to exceed $156,768.80.
After an inquiry by Mayor Hodges, Martha Tasker brought Matt Schroeder, an engineer with
Dragon Corporation to the podium to answer questions regarding budget amounts needed
for the multiple specialty contractors that were specified in the blue sheets. Mr. Schroeder
confirmed that the specialty contractors were budgeted in the amount given to the
Commissioners.
Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to approve Item 6.3 from
the consent agenda as presented. Aye: (5). Nay (0). Motion carried.
(6.4) Board Appointments Resolutions .
Commissioner Peck recused himself from Item 6.4a due to a conflict of interest.
(6.4a) Approve Resolution No. 21-7978, appointing members to various Boards
and Commissions.
21-0242 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve members to various
Boards and Commissions. Aye: (4). Nay (0). Motion carried.
(6.4b) Approve Resolution No. 21-7981, appointing members to the Community
Art and Design Advisory Committee.
Mayor Hodges recused herself due to a conflict of interest.
21-0243 Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to appoint members to the
Community Art and Design Advisory Committee. Aye: (4). Nay (0). Motion carried.
ADMINISTRATION
(7.1) Second reading, Ordinance No. 21-11069, adopting and appropriation of the 2022
annual budget
Debbie Pack, Director of Finance and Administration, explained the request, fiscal impact and
action options.
r.i.. 21-0244 Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to approve on second
reading Ordinance No. 21-11069, adopting and appropriating the 2022 annual budget. A roll call
was taken. Aye: (5). Nay (0). Motion carried.
Page 2
,.. 21-0245 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to approve Resolution No .
21-7974 adopting the classification salary schedule for city employees for 2022. Aye: (5). Nay (0).
Motion carried.
•
-
L
21-0 ~6
z
0.. w
"' .~
iii
UJ
~
" g
c:
8
Moved by Commissioner Hoppock, seconded by Commissioner Davis, to approve Resolution No.
21-7975 adopting the 2022 comprehensive fee schedule for the City of Salina, Kansas. Aye: (5). Nay
(0). Motion carried.
(7.2) 2020 Audit Report
Debbie Pack, Director of Finance and Administration, explained the request, fiscal impact and
action options .
A discussion followed regarding the use of stock or laser checks, positive pay, pension
obligations, Moody's criteria and KPER' s contribution.
Bill Longbine Salina, Kansas, inquired about availability of audit reports.
Mayor Hodges confirmed the audit report will be posted on the City of Salina website.
21-0247 Moved by Commissioner Ryan, seconded by Commissioner Davis, to receive 2020 audit report
from Gordan CPA. Aye: (5). Nay (0). Motion carried.
(7 .3) Employment Related COVID Update.
Natalie Fischer, Director of Human Resources, explained the request, fiscal impact and
action options .
A discussion followed regarding antibody testing that might be used while citizens are
impacted by Covid-19 and Medicare and Medicaid reimbursement.
Dennis Benoit, Salina, Kansas, questioned if the test swabs used are saturated with graphene
oxide, questioned who wanted the first responders vaccinated and who will take
responsibility.
Commissioner Peck explained his health and vaccination status.
Kristina Humphrey, Salina, Kansas, stated her thoughts on the vaccine, encouraged listeners
to look up the creator of the rnRNA, urged anyone who encourages vaccination to also give
that person the side effects that can happen to their body, commented on face masks, rapid
testing and minorities .
Cheri Harp, Salina, Kansas, questioned the City Commission on their vaccination status and
read portions of a printout regarding the Moderna vaccine and encouraged anyone who
receives the vaccine to assure they receive a fact sheet of side effects.
Kevin Korb, Salina, Kansas, gave his opinion on how incentives and pushing people to
receive the vaccination has an opposite effect and adds to people's distrust in receiving the
vaccine.
Sharon Callabresi, Salina, Kansas, continued to read the remainder of Ms. Harp's printout
regarding side effects from the Modema vaccine .
Page 3
II
-
L.
r
"' "'
z
0.. w
"' .s
iii
Cl)
~
:!2
0
"' c:
0 u
Commissioner Peck inquired why the print out regarding the Moderna vaccine was being
read.
A discussion took place regarding mandates on COVID-19 vaccinations and rapid testing.
Mayor Hodges reiterated that Covid-19 vaccinations are not mandated, the update that was
received was helpful for the Commission to know what the surrounding communities and
federal government has required.
Chad Farber, Salina, Kansas, questioned if the estimated amount to rapid test all City of
Salina employees was based on per instance or per week and if vaccination status would
need to be confirmed prior to the test.
Further discussion ensued which included, rapid testing, mandated vaccinations,
clarification on the estimated amount to rapid test all City of Salina employees, the
importance of keeping staff healthy, updated information and having a plan in place for the
future .
Chad Farber, Salina, Kansas, voiced his concerns on mandates in the City of Salina.
Bryon Fraser, Salina, Kansas, inquired if the City of Salina requires drug testing for their
employees.
Mayor Hodges gave updates on Pfizer's unconditional approval from the FDA, provided
information on the duties of the governing body and thanked the citizens for reading the
warnings for Moderna but encouraged those also to read prescriptions and surgical
procedure warnings as every medical decision comes with a risk. Mayor Hodges also
commented that no action would be taken on this item today but it would be coming up in
the future .
(7.4) Authorize the City Manager to Execute an Agreement with Salina Tennis Alliance
Relating to the Funding and Construction of Tennis Facilities in Kenwood Park.
Mike Schrage, City Manager, explained the request, fiscal impact and action options.
Mayor Hodges thanked Mr. Schrage and asked a representative from Salina Net Generation
to speak.
Clark Renfro, Salina, Kansas, discussed the Salina Tennis Alliance, the designs and
construction of the proposed tennis courts and fundraising.
Mayor Hodges thanked Mr . Renfro, Salina Tennis Alliance and Salina Net Generation for all
their hard work and fundraising that have taken place.
A conversation took place regarding maintenance cost, funds needed by the City of Salina to
start the project, demolition project, demolition contracts, location of current tennis courts,
intentions for and management of Courts, hours of operations, flexibility of hours, security
measures, established line of credit, priority of public use, reservation systems, open courts,
utilization of Parks and Recreation to reserve courts and balancing public use.
Page4
11111
r
...
"' "'
z
0.. w
"' £ n;
CJ)
~
"!1 g
c:
8
Mike Schrage, City Manager, addressed the appropriate changes to state the Salina Tennis
Alliance as the name of the lead group for the tennis complex.
Karody Robbins, Salina, Kansas, spoke about the agricultural background of the City of
Salina, Tri Rivers Stadium, misrepresentation and mismanagement of the Expo Center,
tennis complex, and maintenance of current tennis courts including Jerry Ivy Park pond. Ms.
Robbins requested the Commission postpone their decision on the demolishment of the
stadium to hear more from the citizens on what they want to have.
Jason Bell, Salina, Kansas, begged the City Commission to deny the demolition of the
stadium and requested they postpone their decision making.
Commissioner Davis inquired if the community raised as much awareness to the County
with these same concerns when the county had possession of the arena.
Terri White, Salina, Kansas, gave background information on the Tri Rivers Stadium
including when the arena was established and the historical background it has including
baseball.
Val Gammage, Salina, Kansas, requested to make the Tri-Rivers Stadium an historical site
and gave recommendations on moving the dates of the rodeo to not coincide with Abilene's
rodeo.
Linda Lilly, Salina, Kansas, asked the City Commission to postpone their decision to
demolish the stadium and inquired about the need of a new tennis court complex. Ms . Lilly
stated she felt there is a real need for an outdoor arena and complimented the painting on
the grain elevators.
Bill Longbine, Salina, Kansas, suggested placing the tennis courts where the old pool is
located.
Norman Mannel, Salina, Kansas, spoke of concerns on the reservation system due to the
KDWPT.
Mayor Hodges commented on the minimum number of courts needed for a tennis
tournament destination.
Chad Farber, Salina, Kansas, questioned why the City chose a new tennis complex instead of
maintaining the Tri Rivers Stadium.
Mike Schrage, City Manager, explained the fiscal impact with maintaining the stadium.
A discussion followed regarding meetings between the City and the County, the interest the
County had in the Expo Center, years that the tennis complex has been discussed, County
Commission meetings, funds, negotiations with the County, maintenance expectations,
baseball history of the stadium, public's attention in the past several years to the rodeo
grounds and where the arena is located .
Cheri Harp, Salina, Kansas, expressed an interest in keeping the Tri Rivers Stadium and the
petition surrounding it.
Page 5
-
L
-
11111
-
L
21-0 ?48
21-0249
Further discussion ensued which included the number of Saline County residents who
signed the petition, the cost of moving the stadium, conclusion of the lease with Saline
County, bleachers from the stadium and future conversations regarding rodeo grounds .
Moved by Commissioner Ryan, seconded by Commissioner Hoppock, to authorize the Mayor to
execute an agreement with Salina Tennis Alliance relating to the funding and construction of the
tennis facilities in Kenwood Park. Aye: (5). Nay (0). Motion carried.
A discussion took place regarding possible amendment to the motion, public-private
partnerships, ongoing maintenance responsibility for the rodeo arena, options for the
future of a rodeo arena, and study sessions for future topics .
Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to authorize the Mayor to
execute an agreement with Salina Tennis Alliance relating to the funding and construction of the
tennis facilities in Kenwood Park with the amendments to sections 3.3.2 defining the selection team
criteria and item 4 .2 adding a bullet point under the first section of priority uses. Aye: (5). Nay (0).
Motion carried.
Mayor Hodges thanked Salina Net Generation and Salina Tennis Alliance for the time and
effort they put into the project.
(7.5) Authorize preparation and publication of notice of proposed transfer of park
property to USD305 for the purpose of maintenance, improvement and possible
expansion of tennis court facilities in Jerry Ivey Park.
Mike Schrage, City Manager, explained the request, fiscal impact and action options.
Denise Ward, Salina, Kansas, inquired on the location of the current basketball and
volleyball courts in Jerry Ivey Park.
Mike Schrage, City Manager responded that the basketball and volleyball courts will need to
be relocated.
21-0250 Moved by Commissioner Ryan, seconded by Commissioner Davis, to authorize preparation and
publication of notice of proposed transfer of park property to USD305 for the purpose of
maintenance, improvement and possible expansion of tennis court facilities in Jerry Ivey Park as
required by KS.A. 12-1301 . Aye: (5). Nay (0). Motion carried.
(7 .6) Award demolition contract to G&G Dozer of the new Kenwood Tennis Center to be
constructed by Salina Net Generation.
The City Commission recessed for a five minute break after which the meeting reconvened.
Chris Cotton, Director of Parks and Recreation, explained the request, fiscal impact and
action options.
Commissioner Peck inquired about the process of filling in the pool.
A conversation took place regarding removing the pool and the process that entails, field
house floor cracking, scope of work, soil analysis and compaction process.
Page 6
r
...
,...
..
"' "'
z
0.. w
"' -~
Oi
(/)
i
:2 g
c:
0 u
21-0251
21-0252
Todd Rover, Salina, Kansas stated concerns about the bidding process for this contract
regarding the City allowing bids from contractors that do not attend the mandated bidding
session .
Gary Gorby, Cheney, Kansas, owner of G&G Dozer, explained his absence to the required
bidding session.
A discussion took place regarding mandatory bids, process of making bids, discretion for
certain circumstances, mandates on appearing at bid sites, fair bidding process, the basis of
waiving bids, addendums, who can authorize a contractor to not appear at a mandated bid
site, sizing up the competition within contractors, wavering bid documents, assuring this
does not take place again and best practices for all bidders to be made aware of the absence
of another at mandatory bid sites.
Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to authorize the City
Manager to execute the contract for the demolition of the Kenwood Pool Basin, Kenwood
Pumphouse and the Rodeo Arena with G&G Dozer, LLC located in Cheney, Kansas including a
5 % contingency of $7,120 .00 for a total amount of $149,520.00. Aye: (5). Nay (0). Motion carried.
(7.8) Approve Ordinance No. 21-11078 unconditionally approving the issuance of General
Obligation Temporary Notes by the Salina Airport Authority for the purpose of
financing the cost of improvement.
Debbie Pack, Director of Finance, explained the request, fiscal impact and action options.
Commissioner Hoppock commented on the liability of the City to not act as a guarantor with
the default of the bonds .
Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve Ordinance No. 21-
11078 unconditionally approving the Issuance of General Obligation Temporary Notes by the
Salina Airport Authority for the purpose of financing the cost of the Project. Aye: (5). Nay (0).
Motion carried.
(7.9) Second Reading, Ordinance No. 21-11074, levying a transient guest tax (TGT) upon
the gross receipts derived from or paid directly through an accommodation broker by
transient guests for sleeping accommodations within the City of Salina and repealing
Resolution No. 14-7151
Mayor Hodges stated no questions or comments have been received from the public.
21-0253 Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to approve Ordinance No.
21-11074 on second reading. A roll call was taken. Aye: (5). Nay (0). Motion carried.
21-0254
(7 .10) Initiative and Referendum Petition Follow Up.
(7.10a) Request for executive session.
Moved by Commissioner Hoppock, seconded by Commissioner Davis, to recess into executive
session for 30 minutes to discuss the subject of the legal aspects relating to proposed initiative and
referendum petition with legal counsel based upon the need for consultation with an attorney for
Page 7
-
..
,..
"' "'
21-0255
21-0256
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 8:31 p.m. Aye: (5). Nay (0).
Motion carried.
The City Commission recessed into executive session at 7:59 p.m. and reconvened at
8:31p.m.
Also present in the executive session: Mike Schrage, City Manager; and Jacob Wood,
Deputy City Manager, Greg Bengtson, City Attorney and Jake Peterson, Clark, Mize and
Linville, Chtd.
Moved by Commissioner Hoppock, seconded by Commissioner Davis to recess into executive
session for 20 minutes to discuss the subject of the legal aspects relating to proposed initiative and
referendum petition 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 8:51 p.m. Aye: (5). Nay (0).
Motion carried. A five minute break was added to the recess and the meeting will resume at 8:55
p .m.
Also present in the executive session: Mike Schrage, City Manager; and Jacob Wood,
Deputy City Manager, Greg Bengtson, City Attorney and Jake Peterson, Clark, Mize and
Linville, Chtd.
Mike Schrage, City Manager, discussed options that have been presented to the
Commission .
Kevin Korb, Salina, Kansas, read a document regarding the City of Salina not needing a
disaster agency separate from Saline County, which had been signed by Mike Schrage. Mr.
Korb also stated he would like the petition to be voted on.
Rosemary Mai, Salina, Kansas, indicated she was in agreement with Kevin Korb's
statement of putting the petition on the ballot for the citizens to vote on.
Janet Hansen, Salina, Kansas, stated reasons to get a judicial review of the petition due to
not knowing if it is a legal document.
Cheri Harp, Salina, Kansas, agreed with Kevin Korb' s statements and stated she felt the
petition should be put to the vote of the people.
Denise Ward, Salina, Kansas, commented on Saline County having an emergency
management division, stated she does not feel like the citizens of Salina are being heard by
the Commissioners and requested that the petition be put on the ballot for a vote.
Mayor Hodges asked Greg Bengston, City Attorney, if the governing body could suspend
action on item 7.10 and take up item 8 .1 while verifications were made to item 7.10.
Moved by Commissioner Peck, seconded by Commissioner Hoppock, to suspend action on item
7.10 and take up item 8.1. Aye: (5). Nay: (0). Motion carried.
Page 8
r
"' "'
z
Q._ w
"' \;
Cii en
21-0 25 7
"' :l2 g
c
0
(.)
21-0258
21-0259
21-0260
r-1 21-0261
LI
(8.1) Approve Resolution No. 21-7980, setting a public hearing date for the dangerous
structure located at 133 S. Penn Ave.
Sean Pilcher, Building Official, explained the request, fiscal impact and action
options.
Mayor Hodges stated no questions or comments were received from the public.
Moved by Commissioner Davis, seconded by Commissioner Ryan, to approve Resolution No. 21-
7980 setting October 11, 2021 as the public hearing date for the dangerous structure located at 133 S
Penn Ave. Aye: (5). Nay: (0). Motion carried.
(7 .10) Initiative and Referendum Petition Follow Up.
Discussion continued on Item 7.10.
Mike Schrage explained what City Commissioners would be taking under consideration
regarding the petition.
Greg Bengtson, City Attorney, explained the red line version of Resolution No. 21-7979 and
what options and actions the Governing Body can consider.
Chad Farber, Salina, Kansas, thanked Mr. Bengtson and the Commissioners for their hard
work and assured them the petition was free of illegality but if issues did arise in the court
system, he would correct the issues and bring the petition back to the Commission for
consideration. Mr. Farber requested this matter go on the ballot for the people to vote.
Clark Sanders, Salina, Kansas, requested to have the petition be put on the ballot to prevent
a special election that would cost several thousands of dollars.
A discussion took place regarding the rules of referendums, concerns of past initiatives,
possible ramifications, legalities, special elections.
Moved by Commissioner Hoppock, seconded by Commissioner Davis, to adopt Resolution No . 21-
7979 authorizing pursuit of a declaratory judgement thereby challenging the validity of the
petition and proposed Ordinance. Aye (3). Nay (2-Peck, Hodges). Motion carried.
Moved by Commissioner Hodges, seconded by Commissioner Ryan, to approve Ordinance No.
21-11076 on first reading submitting to the vote of the electors of the City of Salina Kansas at the
November 2n d 2021 city general election, a question presented pursuant to the initiative and
referendum statue. Aye (3). Nay (2 -Peck, Hodges). Motion carried.
Moved by Commissioner Hoppock, seconded by Commissioner Davis, that there is a compelling
public reason for a first and second reading of Ordinance No. 21-11076 on the same day. Aye (4).
Nay (1-Hodges). Motion carried.
Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to pass Ordinance No. 21-
11076 on second reading submitting to the vote of the electors of the City of Salina Kansas at the
November 2, 2021 city general election, a question presented to pursuant to the initiative and
referendum statue. A roll call was taken. Aye (3). Nay (2-Peck, Hodges). Motion carried.
Page 9
.... DEVELOPMENT BUSINESS
None.
OTHER BUSINESS
A discussion took place regarding updates on the Law Enforcement Citizen Review Board,
carry-out signs located downtown, status of resurfacing Markley Road, and proceeding
with the BKD audit report.
Mike Schrage, City Manager, explained a need for an executive session regarding the
deadline for SMC.
21-0262 Moved by Commissioner Ryan, seconded by Commissioner Davis, to recess into executive session
for 20 minutes to discuss the subject of legal aspects relating to the contract that's terminated b y
expiration 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-
4319(b)(2). The open meeting will resume in this room at 10:00p.m. Aye: (5). Nay: (0). Motion
carried.
The City Commission recessed into executive session at 9:40 p .m. and reconvened at 10:00p .m.
Also present in the executive session: Mike Schrage, City Manager; and Jacob Wood, Deputy City
Manager, Greg Bengtson, City Attorney and Jake Peterson, Clark, Mize and Linville, Chtd.
.. 21-0263 Moved by Commissioner Ryan, seconded by Commissioner Davis to recess into executive s ession
for 20 minutes to discuss the subject of legal aspects relating to the contract that's terminated by
expiration 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-
4319(b)(2). The open meeting will resume in this room at 10:22 p.m. Aye: (5). Nay : (0). Motion
carried.
The City Commission recessed into executive session at 10:02 p.m. and reconvened at 10:16p.m.
Also present in the executive session: Mike Schrage, City Manager; and Jacob Wood, Deputy City
Manager, Greg Bengtson, City Attorney and Jake Peterson, Clark, Mize and Linville, Chtd.
21-0264 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to authorize legal counsel
to file suit to enforce the terms of the contract between the City of Salina and Community Access
television doing business as Salina Media Connection. Aye: (5). Nay: (0). Motion carried.
Page 10
•
•
II
21-0265
"' "'
z
0.. w
"' .!:::
<ii
(/)
i
:!2 g
c:
0
()
ADJOURNMENT
Moved by Commissioner Ryan, seconded by Commissioner Hoppock, that the regular meeting of
the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
adjourned at 10:16 p .m .
Melissa Rose Hodges, Mayor
[SEAL]
ATTEST:
Ashley Rus ell, Deputy City Clerk
Page 11