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01-06-1997 MinutesAction 97-874 97-875 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 97-876 97-877 97-879 • .. 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 ENIM • m 97-891 97-892 97-893 97-894 97-895 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 m 97-897 ;. .13 ;.. (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 97-900 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