03-18-2024 Special Meeting Minutes CITY OF SALINA, KANSAS
SPECIAL MEETING OF THE BOARD OF COMMISSIONERS
March 18,2024
6:00 p.m.
Mayor Longbine asked the Clerk for verification that notice had been sent for today's City
Commission meeting. The Clerk replied yes.
The Special Meeting of the Board of Commissioners was called to order at 6:00 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 Bill Longbine (presiding), Trent W. Davis, M.D.,
Mike Hoppock, Jerry Ivey, and Greg Lenkiewicz.
Also present: Mike Schrage, City Manager; Jacob Wood, Deputy City Manager; Shawn Henessee,
Assistant City Manager; and Nikki Goding, City Clerk. Greg Bengtson, City Attorney, attended via
Zoom.
ADMINISTRATION
(3.1) Request for Executive Session—Attorney/Client Privileged
24-0059 Moved by Commissioner Hoppock, seconded by Commissioner Davis, that the City Commission
recess into executive session for 20 minutes to discuss with special legal counsel the subject of legal
considerations relating to the Cozy Inn vs. City of Salina case 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 K.S.A. 75-4319(b)(2). The open meeting will resume in this room at 6:23
p.m. Aye: (5)Nay: (0). Motion carried.
The meeting adjourned at 6:03 p.m. and reconvened at 6:23 p.m.
Also present in the executive session were City Manager Mike Schrage, Deputy City
Manager Jacob Wood, Assistant City Manager Shawn Henessee, City Attorney Greg
Bengtson via Zoom, Director of Community and Development Services Lauren Driscoll,
and Special Legal Counselors Amanda Jokerst and Todd Messenger via Zoom.
Possible action to follow.
24-0060 Moved by Commissioner Hoppock, seconded by Commissioner Davis, that the City Commission
approve the following Stipulation in the Cozy Inn vs. City of Salina case and authorize the Mayor to
sign the Stipulation along with the City's special counsel and local counsel for filing in the case:
Plaintiffs brought a lawsuit against the City of Salina ("City") challenging the constitutionality of
certain portions of the City's Sign Code. The parties have stipulated to maintain the status quo
during the pendency of the civil action Case No. 6:24-CV-01027-TC-ADM ("Civil Action"), which
may be concluded by dismissal, settlement,judgment of the United States District Court, District of
Kansas, or further written agreement of the parties. The parties stipulate that, without prejudice to
the City of Salina's defenses as to the merits of this matter, the City of Salina will not take any
enforcement action against the Plaintiffs respecting the sign located at 108 N. 7th Street Salina,
Kansas that is the subject matter of Plaintiffs' Verified Complaint (Doc. 1), during the pendency of
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the Civil Action. This includes the assessment of fines, fees, or other penalties from November 3,
2023, through the pendency of the Civil Action. The parties further stipulate that, without prejudice
to Plaintiffs' claims as to the merits of this matter, Plaintiffs will maintain the status quo of the sign
located at 108 N. 7th Street Salina, Kansas that is the subject matter of Plaintiffs' Verified
Complaint and Plaintiffs will take no further action to modify or complete the sign during the
W pendency of the Civil Action. Except as provided herein, each party reserves any and all rights
concerning their respective claims and defenses in this case, whether in this proceeding or in some
subsequent proceeding. This stipulation and any statements made in this stipulation shall not be
admitted into evidence in any court or proceeding for purposes of proving or supporting a claim or
defense of any party hereto, however, this stipulation may be admitted for the sole purpose of
enforcement of its terms. Aye: (5)Nay: (0). Motion carried.
OTHER BUSINESS
None.
ADJOURNMENT
24-0061 Moved by Commissioner Hoppock, seconded by Commissioner Davis, that the special meeting of
the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
adjourned at 6:26 p.m.
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Bill Longbine, Mayor
[SEAL]
ATTEST:
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Nikki Goding, City Clerk
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