6.1 1-24-2022 MinutesCITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF
January 24, 2022
4:00 p.m.
Mayor Davis 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 Trent W. Davis, M.D. (presiding), Michael L. Hoppock,
Greg Lenkiewicz, Bill Longbine and Karl Ryan.
Also present: Mike Schrage, City Manager, Jacob Wood, Deputy City Manager, Shawn Henessee, Assistant
City Manager, Greg Bengtson, City Attorney; and JoVonna A. Rutherford, City Clerk.
AWARDS AND PROCLAMATIONS
(3.1) Recognition of the month of January, 2022, as National Stalking Awareness Month in the
city of Salina. Jarah Cooper, Domestic Violence Advocate for DVACK, read the
proclamation and announced related events.
(3.2) Recognition of the month of January, 2022, as National Slavery and Human Trafficking
Prevention Month in the city of Salina. Aries Duran, Housing Specialist for DVACK, read
the proclamation and announced related events.
CITIZENS FORUM
James O'Shea, Salina; Kansas, inquired about the recent ordinance vote being contested by the
Governing Body. A discussion followed related to the vote being placed on the ballot, the purpose
of the vote, legal process, judicial scrutiny, constitutionality and validity of the petition, the pending
case in Saline County District Court, attorney's fees expended on said case, taxpayer expense,
justification of expense, and the return of authority to the Governing Body to make decisions in all
emergency situations, not just COV1D related situations, if the Judge rules on the side of the
Governing Body.
Carol Reed, Salina, Kansas, stated she was in agreement with Mr. O'Shea and inquired as to the
amount spent on attorney's fees to fight the ordinance and what attorney or attorneys were working
on it. Greg Bengtson, City Attorney, confirmed Jake Peterson, a partner at Clark, Mize & Linville,
Chartered was acting as the lead attorney. Mr. Bengtson further confirmed that Clark, Mize &
Linville, Chartered, as a whole, represents the City of Salina, not just Mr. Bengtson himself, and that
currently approximately $36,000 had been spent on attorney's fees.
Kevin Korb, Salina, Kansas, indicated he was the individual that initiated the petition and pointed
out that through the month of November, 2021, $36,000 had been spent by the City of Salina
fighting the will of the people while he had only spent $5,000 on his attorney. Mr. Korb stated that
the Governing Body was elected to represent the people of Salina who overwhelmingly indicated
they wanted the ordinance and asked that the lawsuit be dropped.
Dalton McDowell, Salina, Kansas, inquired as to where the Governing Body was getting all of their
medical information to which Mayor Davis replied the CDC.
Cheri Harp, Salina, Kansas, shared that many people who signed the petition and voted for the
ordinance do not even make $36,000 per year and asked the Governing Body to drop the court case.
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Greg Bengtson, City Attorney, stated the petition was probably the most significant governing issue
the City of Salina has ever been confronted with since he has served as the City Attorney.
Further discussion ensued related to the form of the petition, home rule aspect of the petition,
constitutionality of the petition, intention of the petition, expenses involved in the process, current
stage of the process and related documents being available to the public for review.
Greg Bengtson, City Attorney, shared that the reason he wears a mask during meetings is out of an
abundance of caution to protect his grandchildren and it was not meant to be a political statement.
Norman Mannel, Salina, Kansas, shared his thoughts on the water crisis and the discussions taking
place across the country as a result of said crisis.
Chad Farber, Salina, Kansas, welcomed the new commissioners and new mayor. Mr. Farber shared
his thoughts on liberty and justice, as well as the March for Life that was held in Washington D.C.
last week to advocate for the unborn that do not have a voice as a result of abortion. Mr. Farber also
shared his thoughts on the recently passed ordinance and the response of the citizens to lack of
freedom.
A brief discussion was held to clarify judicial scrutiny as to form of the petition as well as substance
of the petition, judicial review and purpose of petition.
Mayor Davis suggested everyone should go home and read the ordinance so there would be a better
understanding as to its content.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing—Naming Initiative for Future Tennis Complex.
(5.1a) Conduct Public Hearing.
(5.1b) Approve Resolution No. 22-8017 for the philanthropic naming initiative for
construction of a future tennis complex by Salina Tennis Alliance in agreement with
the city of Salina.
Jeff Hammond, Interim Director of Parks & Recreation, explained the request, fiscal impact and
action options.
Clark Renfro, Salina Tennis Alliance, gave a presentation on the proposed tennis facility to include
diagrams, timeline of fundraising, naming rights opportunities, facility and court maps, signs and
dimensions, shelter, donor wall ideas, donor recognition, and recognition of the Ken Nordboe family.
Mayor Davis opened the public hearing.
There were no comments or questions.
Mayor Davis closed the public hearing.
22-0017 Moved by Commissioner Ryan, seconded by Commissioner Hoppock, to approve Resolution No. 22-8017
for the philanthropic naming initiative of the future tennis complex by Salina Tennis Alliance. Aye: (5). Nay
(0). Motion carried.
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(5.2) Public Hearing — Vacation of a 5 ft. North-South alley located at the rear of the lots located
on the east side of North 3rd Street between Otis Avenue and Euclid Avenue.
(5.2a) Conduct Public Hearing.
(5.2b) Approve Ordinance No. 22-11097 vacating the 5 ft. alley between Otis Avenue and
Euclid Avenue.
Dean Andrew, Director of Planning, explained the request, fiscal impact and action options.
A short discussion took place related to owner access to the property.
Mayor Davis opened the public hearing.
There were no questions or comments.
Mayor Davis closed the public hearing.
22-0018 Moved by Commissioner Hoppock, seconded by Commissioner Greg Lenkiewicz, to approve Ordinance No.
22-11097 vacating the 5 ft. alley between Otis Avenue and Euclid Avenue. Aye: (5). Nay (0). Motion
carried.
CONSENT AGENDA
(6.1) Approve the minutes of January 10, 2022.
22-0019 Moved by Commissioner Longbine, seconded by Commissioner Hoppock, to approve the consent agenda as
presented. Aye: (5). Nay (0). Motion carried.
ADMINISTRATION
(7.1) Approve Ordinance No. 22-11095, on second reading, amending the Salina Code regarding
contractor licensing.
Mike Schrage, City Manager, explained revisions to the ordinance and confirmed the original intent
of the ordinance remains the same.
Lauren Driscoll, Director of Community and Development Services, further explained the revisions.
A discussion followed in relation to testing and the approval process for future testing.
22-0020 Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to approve Ordinance No. 22-11095,
as amended, on second reading. Aye: (5). Nay (0). Motion carried.
(7.2) Consider Constitutional Tax Abatement for Expansion of REPCO.
Mike Schrage, City Manager, explained the connection between the city of Salina and the Salina
Community Economic Development Organization which was the preparer of the information for the
agenda item.
Mitch Robinson, Executive Director of the Salina Community Economic Development Organization,
explained the request, fiscal impact and action options.
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Mr. Schrage continued with a process overview and indicated a policy was in place, which was
adopted back in 1991, containing information on property tax abatement calculations as well as
provisions related to the Governing Body's discretion for action.
A discussion ensued which included the 1991 policy, current status of policy, review of policy, need
for update of policy, use of policy, new job requirements, hiring timeline, educational job
requirements and wages.
Monte White, President of REPCO, thanked the Governing Body for its consideration and presented
information on REPCO and the nature of the business.
22-0021 Moved by Commissioner Ryan, seconded by Commissioner Longbine, that staff be instructed to move
forward with this matter and set a date of February 7, 2022, for the public hearing. Aye: (5). Nay (0).
Motion carried.
DEVELOPMENT BUSINESS
None.
OTHER BUSINESS
(9.1) Request for executive session (real estate).
(9.1a) Possible action to follow.
22-0022 Moved by Commissioner Longbine, seconded by Commissioner Ryan to recess into executive session, after
a 5 -minute break, for 30 minutes for preliminary discussions regarding the potential acquisition of specific
real estate, the identification of which would be contrary to the public interest, based upon the need for
preliminary discussion of the acquisition of real property, pursuant to K.S.A. 75-4319(b)(6). The open
meeting will resume in this room at 6:45 p.m. Aye: (5). Nay (0). Motion carried.
The City Commission recessed into executive session at 6:15 p.m. and reconvened at 6:45 p.m. No
action was taken.
Also present in the executive session were Mike Schrage, City Manager, Jacob Wood, Deputy City
Manager, Shawn Henessee, Assistant City Manager, Greg Bengtson, City Attorney, and Jim
Teutsch, Director of Public Works. g
ADJOURNMENT
22-0023 Moved by Commissioner Hoppock, seconded by Commissioner Lenkiewicz, that the regular meeting of the
Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at
6:46 p.m.
Trent W. Davis, M.D., Mayor
[SEAL]
ATTEST:
JoVonna A. Rutherford, City Clerk
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