01-24-2022 Minutes...
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
January 24, 2022
4:00 p.m.
Mayor Davis asked the Clerk for verification that not ic e had been se nt for today's City Comm iss ion meeting.
The Clerk replied yes.
The Regular Meeting of the Board of Commissioners was called to o rder at 4:00 p.m. in Room I 07 , City-
County Building. A roll call was taken followed by the Pledge of Allegiance and a moment of s il ence.
Those present and comprising a quorum: Mayor Trent W. Davi s, 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 He nessee, Ass istant
City Manager , Greg Bengtson, City Attorney; and JoYonna A. Rutherford , City Clerk.
AWARDS AND PROCLAMATIO S
(3 .1) Recognition of the month of January , 2022, as National Stalking Awarenes s Month in the
city of Salina. Jarah Cooper, Domestic Violence Advocate for DY ACK , read the
proclamation and announced related events.
(3.2) Recognition of the month of January , 2022, as National Slavery a nd Human T rafficking
Prevention Month in the city of Salina. Aries Duran , Housing Specialist for DY ACK , 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 o n th e ballot , the purpo se
of the vote , legal process, judicial scrutiny, constitutionality a nd validity of the petition , the pending
case in Saline County District Court, attorney's fees expended on sa id case , taxpayer expense ,
justification of expense, and the return of authority to the Governing Body to make deci s io ns in all
emergency situations, not just COYID related s ituation s, if the Judge rul es on the s ide of th e
Governing Body.
Carol Reed , Salina, Kansas , stated she was in agreement with Mr. O'Shea and inquir ed as to the
amount spent on attorney's fees to fight the ordinance a nd what attorney or attorneys were working
on it. Greg Bengtson, City Attorney , confirmed Jake Pet e rson , a partner at C la rk , Mize & Linvill e,
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 ju st Mr. Bengtson him se lr, and that
currently approximately $36,000 had been spent on attorney 's fees .
Kevin Korb , Salina , Kansas, indicated he was the individual that initiat ed the petiti on and po int ed
out that through the month of November, 2021 , $36,00 0 had been spe nt by the C it y of Sa lin a
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 vvho ove rwhelmin g ly indi cated
they wanted the ordinance and asked that the lawsuit be dropped.
Dalton McDowell , Salina, Kansas , inquired as to where the Governing Body was gett in g a ll of their
medical information to which Mayor Davis replied the CDC.
Cheri Harp, Salina, Kansas , shared that many people who s igned the petition and voted for th e
ordinance do not even make $36,000 per year and asked the Governing Body to drop the cour t case.
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Greg Bengtson , City Attorney, stated the petition was probably the most s ignificant governing iss ue
the City of Salina has ever been confronted with s ince he ha s served as the C it y Attorney .
Further discussion ensued related to the form of the petition , hom e rul e aspect of th e pet1t1 on,
constitutionality of the petition , intention of the petition , expenses involved in the proc ess, current
stage of the process and related documents being available to the public for rev iew.
Greg Bengtson , City Attorney , shared that the reason he wears a mask during meeting s is o ut of an
abundance of caution to protect his grandchildren and it was not meant to be a political statement.
Norman Manne!, Salina , Kansas , shared his thoughts on the water crisis and the di sc uss ions takin g
place across the country as a result of said crisis .
Chad Farber , Salina , Kansas , welcomed the new commissioners and new mayor. Mr. Farber s har ed
his thoughts on liberty and justice , as well as the March for Life that wa s held in Washington D.C.
last week to advocate for the unborn that do not have a voice as a result of abortion. Mr. Fa rb e r also
shared his thoughts on the recently passed ordinance and the response of the citiz ens to lac k of
freedom.
A brief discussion was held to clarify judicial sc rutiny as to form of the petition as well as s ub stanc e
of the petition , judicial review and purpose of petition.
Mayor Davis suggested everyone should go ho me and read the ord inanc e so ther e would be a bet te r
understanding as to its content.
PUBLIC HEARINGS ANO ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing-Naming Initiative for Future Tennis Co mpl ex.
(5.la) Conduct Public Hearing .
(5.1 b) Approve Resolution No . 22-8017 for the phil anthropic namin g 1n1t1 at1 ve fo r
construction of a future tennis complex by Salina Tennis All iance in agreement with
the city of Salina.
Jeff Hammond , Interim Director of Parks & Recreati on, explained the request, fi sca l impact and
action options.
Clark Renfro , Salina Tennis Alliance, gave a pre se ntation on the propo sed tennis faci lit y to include
diagrams , timeline of fundraising , naming rights opportunities , facility and court map s, s ign s and
dimensions , shelter, donor wall idea s, donor recognition , and recognition of the Ken Nordb oe family.
Mayor Davis opened the public hearing .
There were no comments or questions.
Mayor Davis closed the public hearing .
Moved by Commissioner Ryan , seconded by Commissioner Hoppock , to approve Resoluti on No. 22-8017
for the philanthropic naming initiative of the future tennis complex by Sa lin a Tennis A lli ance. Aye: (5). Nay
(0). Motion carried .
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(5 .2) Pub I ic Hearing -Vacation of a 5 ft. North-South alley located at the rear of the lots located
on the east side ofN01th 3rd Street between Otis Avenue and Euclid Avenue .
(5.2a) Conduct Public Hearing.
(5.2b) Approve Ordinance No. 22-1 I 097 vacating the 5 ft. alley between Otis A venue and
Euclid Avenue.
Dean Andrew, Director of Planning , explained the request , fiscal impact and action opt ions.
A sho1t 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 .
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 .
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 Co de regard in g
contractor licensing .
Mike Schrage, City Manager, explained revisions to the ordinance and confirmed the origina l intent
of the ordinance remains the same.
Lauren Driscoll , Director of Community and Deve lopment Services , further exp lain ed the revi s ion s.
A discussion followed in relation to testing and the approval process for future testing .
Moved by Commissioner Hoppock, seconded by Commissioner Rya n, to approve Ord in ance No. 22-11095 ,
as amended, on second reading. Aye: (5). ay (0). Motion carried.
(7.2) Consider Constitutional T ax Abatement for Expansion of REP CO.
Mike Schrage, City Manager , explained the connection between the city of Salina and the Sa lin a
Community Economic Development Organization which was the prep a re r of the inform ation for the
agenda item.
Mitch Robinson, Executive Director of the Salina Community Economic Development Orga ni zat ion,
explained the request, fiscal impact and action options .
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Mr. Schrage continued with a process overview and indicated a po lic y wa s in pl ace , which was
adopted back in 1991 , containing information on property tax abatement calculation s as we! I as
provisions related to the Governing Body 's discretion for action.
A discussion ensued which included the 1991 policy , current status of pol ic y, revi ew of po li cy , need
for update of policy , use of policy, new job requirements , hirin g tim e lin e, edu cat iona l job
requirements and wages.
Monte White, President of REPCO , thanked the Governin g Bod y for it s co ns iderati on and pr ese nt ed
information on REPCO and the nature of the business .
Moved by Commissioner Ryan, seconded by Commissioner Longbine, that staff be in s tru cted to move
forward with this matter and set a date of February 7, 2022 , fo r th e publi c he a rin g. Aye: (5). Nay (0).
Motion carried .
DEVELOPMENT BUSINESS
None .
OTHER BUSINESS
(9.1) Request for executive session (real estate).
(9. la) Possible action to follow .
Moved by Commissioner Longbine , seconded by Commis s ioner Ryan to rec ess int o executiv e sess ion, afte r
a 5-minute break , for 30 minutes for preliminary discussions regardin g the potential acqui s iti o n o r s pec ific
real estate , the identification of which would be contrary to the public int e res t, ba se d up on th e nee d fo r
preliminary discussion of the acquisition of real property , pursuant to K.S.A . 75-43 I 9(b)(6). T he o pe n
meeting will resume in this room at 6:45 p.m . Aye : (5). Nay (0). Motion carri ed .
The City Commission recessed into executive se ssion at 6: 15 p.m. and rec onvened at 6:45 p.111 . No
action was taken.
Also present in the executive session were Mike Schra ge, City Mana ger , Jaco b Woo d, De put y C it y
Manager , Shawn Henessee , Assistant C it y Manager , Gre g Ben gtso n, C it y Att orn ey, and .l im
Teutsch , Director of Public Works.
ADJOURNMENT
Moved by Commissioner Hoppock , seconded by Commi ss ioner Lenki ewicz , that th e reg ul a r mee tin g of th e
Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carri ed. Th e mee tin g adj ourn ed at
6:46 p.m .
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Trent W. Davi s, M.D., Ma yo r
[SEAL]
ATTEST:
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