01-06-1997 MinutesAction
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JANUARY 6, 1997
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, January 6, 1997, at 4:00 p.m.
There were present:
Mayor Evelyn Maxwell, Chairman presiding
Commissioner R. Abner Perney
Commissioner John Divine
Commissioner Peter F. Brungardt
Commissioner Kristin M. Seaton
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger; City Manager
Judy D. Long, City Clerk
None.
The Regular Meeting of the Board of Commissioners was called to
order at 4:02 p.m. A roll call was taken followed by the Pledge of Allegiance
and a moment of silence.
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) Resolution Number 97-5097 expressing gratitude and appreciation to
Glen F. Kochanowski for serving as a Police Officer, Police Sergeant, Detective,
Police Lieutenant, Police Captain and Assistant Police Chief for the Police
Department of the City of Salina from February 21, 1966 to December 31, 1996.
Mayor Maxwell presented a plaque to Glen F. Kochanowski and
thanked him for his service to the City.
Moved by Commissioner Brungardt, seconded by Commissioner
Divine, to approve Resolution Number 97-5097. Aye: (5) . Nay: (0) . Motion
carried.
(4.2) Resolution Number 97-5098 expressing gratitude and appreciation to
Everett E. Boyle for serving as a Maintenance Worker 1, Parking Meter
Technician and Building Maintenance Mechanic for the General Services
Department of the City of Salina from October 1, 1967 to January 3, 1997.
Moved by Commissioner Divine, seconded by Commissioner Seaton, to
approve Resolution Number 97-5098. Aye: (5) . Nay: (0) . Motion carried.
Mayor Maxwell presented a plaque to Everett E. Boyle and thanked
him for his service to the City.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Continuation of public hearing and report on Petition Number 4127
requesting the vacation of part of the existing street right of way on Graves
Boulevard.
(5.1a) First reading Ordinance Number 97-9782.
Shawn O'Leary, Assistant Director of Engineering and Utilities, gave
the staff report explaining the petition and associated agreement. He then
responded to Commission inquiry.
Mayor Maxwell called the public hearing to order.
Dana Morse, representing Blue Beacon, stated that they don't have
any problems with the conditions.
Action
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There being no other comments the Mayor declared the public
hearing closed .
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to approve Ordinance Number 97-9782 for first reading. Aye: (5).
Nay: (0) . Motion carried.
(5.2) Previously scheduled public hearing and report on Petition Number
4132 requesting the vacation of the 30' right-of-way easement on East 4th Street
from Cloud to Albert.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reported that the petition had been withdrawn.
Mayor Maxwell called the public hearing to order.
There being no comments the Mayor declared the public hearing
closed.
Moved by Commissioner Divine, seconded by Commissioner Seaton, to
accept the withdrawal of the petition. Aye: (5) . Nay: (0) . Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of the regular meeting of December 16, 1996.
(6.2) Resolution
Number 97-5099
authorizing the sale of
a certain dwelling
unit as requested by
the Salina Housing Authority.
(6.3) Authorize
staff to set
a bid date for the
Police Department
Evidence/Squad Room
Project Number
97-1012.
Moved by
Commissioner
Seaton, seconded
by Commissioner
Brungardt, to approve the consent
agenda as submitted.
Aye: (5). Nay:
(0) . Motion carried.
DEVELOPMENT BUSINESS
(7.1) Consider adoption of HOME Housing Rehabilitation Program guidelines
for 1997.
Roy Dudark, Director of Planning and Community Development,
explained the proposed changes for the program in 1997.
Moved by Commissioner Perney, seconded by Commissioner Seaton, to
approve the adoption of HOME Housing Rehabilitation Program guidelines for
1997 dated 1/6/1997. Aye: (5) . Nay: (0) . Motion carried.
(7.2) Consider adoption of City Housing Rehabilitation Program guidelines.
Roy Dudark, Director of Planning and Community Development,
explained the proposed changes to the City Rehabilitation Program guidelines
for 1997.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to approve the adoption of the City Housing Rehabilitation Program
guidelines for 1997. Aye: (5). Nay: (0). Motion carried.
(7.3) First reading Ordinance Number 97-9781 granting final approval of a
property tax exemption to ADM Milling Company.
Roy Dudark, Director of Planning and Community Development,
explained the ordinance.
Moved by Commissioner Brungardt, seconded by Commissioner
Divine, to approve Ordinance Number 97-9781 for first reading. Aye: (5).
Nay: (0) . Motion carried.
(7.4) Application #Z96-11, filed by Kaw Valley Engineering, requesting a
change in zoning district classification from PC -3, Planned Shopping Center
District, to PC -5, Planned Service Commercial District, at 2610 S. 9th St.
(7.4a) First reading Ordinance Number 97-9783.
Action
Roy Dudark, Director of Planning and Community Development,
explained the rezoning request.
97-882 Moved by Commissioner Perney, seconded by Commissioner Seaton, to
approve the rezoning request and Ordinance Number 97-9783 for first
reading. Aye: (5). Nay: (0). Motion carried.
(7.5) Application #P96 -2A, filed by John Melvin, requesting approval of a
final plat of Cedar Creek Addition a 37 acre tract located south of Country
Oak Estates and West of 1-135.
Roy Dudark, Director of Planning and Community Development,
explained the final plat.
97-883 Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to authorize the Mayor to sign the final plat and accept the easement
dedication. Aye: (5). Nay: (0). Motion carried.
(7.6) Second reading Ordinance Number 96-9739 providing for the
annexation of Cedar Creek Addition.
Judy Long confirmed that no comments have been received.
97-884 Moved by Commissioner Seaton, seconded by Commissioner Divine, to
approve Ordinance Number 96-9739 on second reading. A roll call vote was
taken. Aye: (5), Brungardt, Divine, Perney, Seaton, Maxwell. Nay: (0).
Motion carried.
(7.6a) Ordinance Number 96-9738 providing for the rezoning of Cedar
Creek Addition.
Judy Long confirmed that no comments have been received.
97-885 Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to approve Ordinance Number 96-9738 on second reading. A roll
call vote was taken. Aye: (5) , Brungardt, Divine, Perney, Seaton, Maxwell.
Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance Number 96-9776 amending Section 42-508 of
the Salina Code pertaining to temporary signs.
Judy Long confirmed that no comments have been received.
97-886 Moved by Commissioner Seaton, seconded by Commissioner Perney, to
approve Ordinance Number 96-9776 on second reading. A roll call vote was
taken. Aye: (5), Brungardt, Divine, Perney, Seaton, Maxwell. Nay: (0).
Motion carried.
(8.2) Second reading Ordinance Number 96-9779 providing for the vacation
of the 20' street right-of-way in Block 12, Leavenworth Addition.
Judy Long confirmed that no comments have been received.
97-887 Moved by Commissioner Perney, seconded by Commissioner Brungardt,
to approve Ordinance Number 96-9779 on second reading. A roll call vote was
taken. Aye: (5), Brungardt, Divine, Perney, Seaton, Maxwell. Nay: (0).
Motion carried.
(8.3) Resolution Number 97-5100 designating downtown parking zones.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the proposed changes.
97-888 Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to approve Resolution Number 97-5100. Aye: (5) . Nay: (0) .
Motion carried.
(8.4) Resolution Number 97-5101 authorizing the Mayor to execute a license
agreement with Mowery Clinic to a place private communication cable in the
public right-of-way and to allow construction of a building over an existing
utility easement.
Commissioner Seaton stated that she will abstain due to conflict.
Action
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Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the request for waiver and agreement.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to approve Resolution Number 97-5101. Aye: (4) . Nay: (0) .
Abstain: (1) , Seaton. Motion carried.
(8.5) Revised petition and engineering feasibility report for public
improvements in Belmont Plaza Addition.
(8.5a) Resolution Number 97-5102 finding the advisability and
authorizing construction of certain street and utility improvements in
Belmont Plaza Addition.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the necessity of the revised petition.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to approve the revised petition, feasibility report, and Resolution
Number 97-5102. Aye: (5). Nay: (0). Motion carried.
(8.6) Resolution Number 97-5103 expressing the intent of the Governing
Body to favorably consider a petition for vacation of certain access control on
South Ninth Street.
Dennis Kissinger explained the request from the current owners of
Mid -State Mall for a second access onto South Ninth Street.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to approve Resolution Number 97-5103. Aye: (5) . Nay: (0) .
Motion carried.
(8.7) Approval of 1997 Vehicle and Equipment Plan.
Rod Franz, Director of Finance and Administration, explained the 1997
Vehicle and Equipment Plan and Dennis Kissinger elaborated on flood related
equipment being purchased.
Moved by Commissioner Brungardt, seconded by Commissioner Perney,
to approve the 1997 Vehicle and Equipment Plan. Aye: (5) . Nay: (0) .
Motion carried.
(8.8) Consider approval of 1997 Public Buildings and Facilities Program
and Roof Replacement Program.
Roy Dudark, Director of Planning and Community Development,
explained the 1997 Public Buildings and Facilities Program and Roof
Replacement Program.
Moved by Commissioner Perney, seconded by Commissioner Seaton, to
approve the 1997 Public Buildings and Facilities Program and Roof Replacement
Program. Aye: (5). Nay: (0). Motion carried.
(8.9) Authorize the City Manager to change the city holiday schedule for
1997 for some employees and operations.
Dennis Kissinger explained the proposed change.
Moved by Commissioner Divine, seconded by Commissioner Seaton, to
authorize the City Manager to change the 1997 holiday schedule as he sees
fit. Aye: (5). Nay: (0). Motion carried.
(8.10) Discussion of possible pre -application for community policing funds.
Dennis Kissinger explained the possibility of starting a school
resource officer program. He clarified that this is still in the discussion stage,
however, the time frame for applying for federal funds is rapidly
approaching. He requested permission to do a pre -application to determine
cost/benefit and if this program would qualify for the funds. He also noted
that the officer is a role model and mentor for youth and not a security guard.
Moved by Commissioner Seaton, seconded by Commissioner Perney, to
give permission to the City Manager and Police Chief to submit a pre -application
for community policing funds. Aye: (5) . Nay: (0) . Motion carried.
Action
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(8.11) Request for Executive Session to discuss a legal issue.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, that the City Commission recess into executive session for the
purpose of discussing with the City Attorney a matter subject to the
attorney-client privilege, for the reason that public discussion would waive the
attorney-client privilege and would adversely affect the City's position in the
matter; and that the Commission reconvene in this room in 20 minutes or at 5:40
p.m. The discussion will be limited to legal issues arising under the Worker
Adjustment and Retraining Notification Act as it relates to the S.P. Plastics
plant closing. It is anticipated that the Commission will take action in the open
meeting following the executive session. Aye: (5) . Nay: (0) . Motion
carried.
The Board of Commissioners recessed at 5:20 p.m. and reconvened
at 5:42 p.m.
Moved
by
Commissioner
Brungardt, seconded by Commissioner
Seaton, to recess
for an additional 8
minutes and reconvene in this room at 5:50
p.m. Aye: (5).
Nay:
(0). Motion
carried.
The Board of Commissioners recessed at 5:42 p.m. and reconvened
at 5:50 p.m.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to recess for an additional 10 minutes and reconvene in this room
at 6:00 p.m. Aye: (5). Nay: (0). Motion carried.
The Board of Commissioners recessed at 5:51 p.m. and reconvened
at 6:04 p.m.
James Butts, lives out of town now, is a former employee, asked
what is being done.
Moved by Commissioner Divine that the City of Salina not pursue, at
this time, the enforcement through the federal court system of the Federal
Worker Adjustment and Retraining Notification Act, as it pertains to the recent
plant closing by S.P. Plastics in Salina, Kansas, for the following reasons: The
City Attorney has interpreted the federal law to preclude the City from
pursuing the remedy available to the employees by filing court action under
the W . A . R . N . Act. The City's maximum potential remedy is limited to the $500
per day penalty (for 60 days) . Costs of pursuing this litigation on the City's
behalf could be significant, while not directly benefiting the affected employees.
Motion was seconded by Commissioner Perney.
Commissioner Brungardt commented that the company did not give
notice to its employees and violated the Act. He supports not pursuing action
for the reasons given.
Commissioner Divine noted his frustration with the wording that puts
some responsibility on the City but almost to the point where "you can't do
what needs to be done." He also noted that the Federal Government won't
step up to their responsibility after passing the legislation and gives no remedy
to anyone except the employees limiting the City's involvement. He stated that
there is a right thing to do and that the business needs to be looking at that.
Mayor Maxwell wondered if there might need to be a policy by the
City notifying people who have this arrangement with the City indicating that
when they have difficulty to contact the City and be aware of their
responsibilities under the law.
Dennis Kissinger responded that he thinks it is something that can
definitely be considered for the future and then discussed administrative
options that can be taken for employees or groups of employees in absence of
current legal action.
Commissioner Seaton recommended that at a minimum S.P. Plastics
make some contribution to the retraining program which the Chamber provides
to assist these displaced employees.
Mr. Kissinger stated that he will be making contact with the company
and will encourage and urge responsible action on their part.
Action
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Commissioner Divine asked for clarification from Mr. Kissinger that he
did make the statement that if a group of employees wanted to get together we
could at least share what knowledge we have at this point.
Mr. Kissinger confirmed the statement clarifying that contact could be
made through the City Manager's Office and if there is enough interest among
former employees the City will pursue it further.
Mayor Maxwell asked for further comments and, hearing none, noted
that she was personally regretful that the Commission could not take direct
action on behalf of the employees.
Mr. Kissinger commented on the legislative review scheduled for the
next few weeks noting contact with legislators in March clarifying that this
would be a good case study of some difficulty with Federal Law.
Mayor Maxwell encouraged any employees in attendance to stay after
this meeting and talk with Mr. Kissinger and Greg Bengtson regarding what
they have discovered employees can do. She then called for a vote to the
motion on the floor.
Aye: (5). Nay: (0). Motion carried.
(8.12) Request for Executive Session to discuss a legal issue.
Moved by Commissioner Perney, seconded by Commissioner Seaton,
that the City Commission recess into executive session for the purpose of
discussing with the City Attorney matters subject to the attorney-client
privilege, for the reason that public discussion would waive the attorney-client
privilege and would adversely affect the City's position in the matter; and that
the Commission reconvene in this room in 20 minutes or at 6:32 p.m. The
discussion will be limited to legal issues relating to pending litigation and claims
involving the City. It is anticipated that the Commission will not take action in
the open meeting following the executive session. Aye: (5) . Nay: (0) .
Motion carried.
The Board of Commissioners recessed at 6:12 p.m. and reconvened
at 6:36 p.m. No action was taken.
(9.1) None.
OTHER BUSINESS
ADJOURNMENT
97-901 Moved by Commissioner Divine, seconded by Commissioner
Brungardt, that the Regular Meeting of the Board of Commissioners be
adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at
6:37 p.m.
[SEAL]ATTEST: Eve n Maxwell, Mayor
Judy
4. Lo CMC, Ci Clerk