04-22-1996 MinutesAction
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE
APRIL 22, 1996
4:00 p.m.
BOARD OF COMMISSIONERS
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, April 22, 1996, 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.
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The Week of April 21st through 27th as "NATIONAL CRIME VICTIMS'
RIGHTS WEEK" in the City of Salina. The proclamation was read by Nancy
Bonawitz, Victim/Witness Assistance Coordinator, who also shared statistics on
violence.
(4.2)
The Week of
April 21st through 27th as "NATIONAL VOLUNTEER
WEEK" in
the City of Salina. The proclamation was read
by Sharon Wilson,
Volunteer
Coordinator,
RSVP/The Volunteer Center. Ms.
Wilson presented a
simulated
check to the
City Commission for $338,520.00
representing 67,704
hours of
volunteer service
in 1995.
(4.3) The Day of April 23, 1996 as "A NATIONAL DAY OF COMMITMENT
TO ELIMINATE RACISM" in the City of Salina. The proclamation was read by
Pat Kinnard, Executive Director of the YWCA.
(4.4) The Day of April 26, 1996 as "ARBOR DAY" in the City of Salina.
The proclamation was read by Dan Fiorillo, Vice -Chair of the Salina Tree
Advisory Board.
(4.5) The Day of May 2, 1996 as "NATIONAL DAY OF PRAYER MAYOR'S
PRAYER BREAKFAST" in the City of Salina. The proclamation was read by
Roberta Huseman, Committee for Mayor's Prayer Breakfast Chairman.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of the regular meeting of April 15, 1996.
(6.2) Resolution. Number 96-5005 authorizing the Mayor to execute
Supplemental Agreement Number 1, with Wilson and Company, to perform
consulting engineering services in connection with the construction phase of
certain water distribution system improvements, for an amount not to exceed
$31,400; Project Number 95-944.
96-541 Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to approve all items on the consent agenda. Aye: (5) . Nay: (0) .
Motion carried.
Action
96-542
96-543
DEVELOPMENT BUSINESS
(7.1) Application #Z96-3, filed and withdrawn by the Salina City Planning
Commission, requesting an amendment to Article X., Signs, by amending Section
42-504(1) dealing with flags as exempt signs and adding Section 42-511, Flags,
to limit the size and height of flags displayed on private property.
(7.1a) First reading Ordinance Number 96-9733.
Moved by Commissioner Divine, seconded by Commissioner Seaton, to
take the item off the agenda since it was not recommended by the City
Planning Commission.
Commissioner Seaton was concerned that this matter came before the
City Commission when the applicant, the Planning Commission, no longer
recommended the request. With Commissioner Divine's consent the motion was
amended to also change the policy to reflect this.
A vote was called to remove the item from the agenda and make this
a matter of policy. Aye: (5). Nay: (0). Motion carried.
(7.2) Application #Z96-2, filed by Elly Ritter, requesting a change in
zoning district classification from R, Single -Family Residential, to R-1,
Single -Family Residential, on property known as 2100-2124 Pheasant Lane, Lots
1 - 6, Block 2, Georgetown Addition.
(7.2a) First reading Ordinance Number 96-9734.
Roy Dudark, Director of Planning and Community Development,
explained the location of the property and the purpose of the request to
increase the number of homesites . He responded to questions regarding the
frontage footage in the supporting documents, explained what development will
go in around this area and clarified the lots would be split.
No comments were offered from the public, Mayor Maxwell called for
a motion.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to accept the application as approved for first reading; Ordinance
Number 96-9734. Aye: (5). Nay: (0). Motion carried.
(7.3) Application #A96-3, filed by Melvin Bergkamp Trust, requesting
annexation of the North 250' of Lot 1, Block 1, Bergkamp Subdivision; 2.7
acres.
(7.3a) First reading Ordinance Number 96-9735.
Ken Wasserman, attorney for
the developer, explained
his client's
request,
noting that most of the area is
already zoned R-1. He
clarified that
the first
lot will not remain with 80 feet
of frontage and that the
frontage will
shift across the block. He also indicated
the patio homes for these lots were a
good transition between the residential
and commercial on either
side of the
lots.
changes
made
to the application at
No comments were offered from the public, Mayor Maxwell called for
a motion.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to accept the application as approved for first reading; Ordinance
Number 96-9734. Aye: (5). Nay: (0). Motion carried.
(7.3) Application #A96-3, filed by Melvin Bergkamp Trust, requesting
annexation of the North 250' of Lot 1, Block 1, Bergkamp Subdivision; 2.7
acres.
(7.3a) First reading Ordinance Number 96-9735.
Dennis Kissinger, City Manager, spoke regarding his discussion of
the overall concept with the applicant.
a motion.
No comments were offered from the public, Mayor Maxwell called for
96-544 Moved by Commissioner Perney, seconded by Commissioner Divine to
approve the application and Ordinance Number 96-9735 for first reading. Aye:
(5) . Nay: (0) . Motion carried.
Roy
Dudark, Director of
Planning and
Community
Development,
explained
the
annexation application,
the request
to receive
city services,
primarily
water
and sewer, and the
location of the
tract. He
explained the
changes
made
to the application at
the Planning
Commission
Hearing. He
responded
to Commission
inquiry that
the first 250 feet of road
to be annexed
will not be City
maintained.
Dennis Kissinger, City Manager, spoke regarding his discussion of
the overall concept with the applicant.
a motion.
No comments were offered from the public, Mayor Maxwell called for
96-544 Moved by Commissioner Perney, seconded by Commissioner Divine to
approve the application and Ordinance Number 96-9735 for first reading. Aye:
(5) . Nay: (0) . Motion carried.
Action
ADMINISTRATION
(8.1) Resolution Number 96-5006 accepting certain cable television rates and
access television fees.
Dennis Kissinger, City Manager, explained the new Basic Service
rates proposed by TCI to go into effect June 1, 1996 and remain in effect until
May 31, 1997. He explained that the calculations were very complex and were
a 7.7 to 8 percent increase for the Basic Service. He went on to explain the
fee for P.E.G. Access and the request for only a 3 percent increase of 2 cents
for this support. He further explained the change to annual rate adjustments.
Greg Bengston, City Attorney, and Mr. Kissinger explained that the
P.E.G. would not loose the capability for further adjustments.
Rick Christy, General Manager for TCI, explained that most of the
increase was due to inflation and programming costs. He concurred this is
now an annual rather than quarterly rate adjustment.
Commissioner Divine advised citizens that TCI raised their rates and
that the City Commission has no regulatory ability to object. Mr. Christy
confirmed this is correct.
a motion.
No comments were offered from the public, Mayor Maxwell called for
96-545 Moved by Commissioner Seaton, seconded by Commissioner Divine, to
approve Resolution Number 96-5006. Aye: (4). Nay: (1), Perney. Motion
carried.
(8.2) Public Employer -Employee Relations (P.E.E.R.) Act; Consideration of
bringing the City of Salina under the act.
Dennis Kissinger, City Manager, explained the history and option for
collective bargaining. He also explained that Local 782 of Firefighters has
asked that the City of Salina come under the P.E.E.R. Act.
Rick Nicholson, 349 West Ellsworth, Salina
Fire Department,
explained the jobs of Firefighters
and
EMS workers.
He reminded the
Commissioners that these employees
risk
their lives and
save others as a
matter of routine where others would
receive
a plaque or
commendation. He
noted the current systems for testing
and
grievances are bad systems and that
these employees deserve the best for what
they do.
Commissioner Divine clarified that there will not be any retaliation for
comments made today.
Steve Moody, 2528 Edward, Salina Fire Department, spoke regarding
prior problems and the feeling that the best way to address them was through
the P.E.E.R. Act . He clarified that this request was not meant to have a
negative impact and would have preferred it not gone public. He continued
that the last thing that is wanted is additional cost to citizens and the intent
is to avoid discussing individual problems as the problems are with the system.
Willis Sutton, 9103 West Healy Road, Brookville, Salina Fire
Department, said he was offended by the City Manager's memorandum stating
that a list of problems from a survey was delivered to the Chief and distributed
the list to the City Commissioners. He advised the Commission that the list was
of issues he hasn't seen any improvement on. He recommended Option Number
2, a follow up survey of the 1990 Survey to identify problems as suggested by
the City Manager.
Commissioner Divine asked Mr. Kissinger if the follow up had been
done in the 2 years following the 1990 survey.
Mr. Kissinger advised the problems were overall, not just
departmental and that he had not seen the survey since 1990.
Commissioner Seaton expressed her confusion on how the current
grievance system was not working.
Mr. Nicholson explained in detail how a rookie would face up to 4
superiors alone and that the system could at least allow a one-to-one discussion
with the City Manager.
Mr. Kissinger clarified why he doesn't meet one-on-one with
employees explaining the intent was to have problem solvers at the meeting. He
stated that he is open to suggestions to improve the system, noting that the
Employee Council should be involved in making any changes.
Mr. Nicholson spoke again stating the Employee Council won't work
as the members are hand picked and employees can't use the grievance system
because they are afraid.
Commissioner Seaton acknowledged the system is intimidating and
asked how members are selected for the Employee Council.
Dennis Kissinger explained that recently 6 members were retained
and 6 were selected from nominations by fellow employees.
Mayor Maxwell inquired about the law regarding prohibited practices.
Greg Bengston, City Attorney, explained that while it is unlawful
for public employees to strike, the P.E.E.R. Act replaces the injunctive relief
available to public employers. In summary, he informed the Commission that it
is unlawful for public employees to strike with or without the P.E.E.R. Act .
Mr. Kissinger responded to Mayor Maxwell's question asking if the
common law also protects the employees from a "Lock -Out."
Commissioner Brungardt stated that he was impressed with the
Firefighters presentation regarding options offered. He asked Mr. Kissinger
to speak regarding confirming the current system of employee relations, with
possible improvements as outlined by the City Manager.
Mr. Kissinger stated that he inherited the system. He suggested that
if there are better systems, better ideas, more problem solving methods they
should be handed back to the employees to improve. He stated he is
absolutely open to improvement. He spoke regarding promotion cases with
Firefighters stating they were not in bad faith, but there were a difference of
opinions and judgements. He clarified that there will be something overlooked
in any process. He suggested individual employees review the promotion
process and improve it suggesting a Promotion Advisory Board within
departments. In closing, he stated that under the P.E.E.R. Act there will be
less opportunity to help employees.
Mr. Moody and Mr. Nicholson noted that Fire Lieutenants are
included with the rest of the Firemen under the P.E.E.R. Act.
Moved by Commissioner Divine, seconded by Commissioner Seaton, to
give City Management time to work on improvements in the current system,
with a public review in 6 months.
Commissioner Divine commented that the issue is how to work best
with all employees and he objected to it becoming an adversariel role. He
indicated he is in support of following the "Chain of Command." He feels the
City should set the model for the rest of the Community and suggested
training for management staff, second level and up, based on how they relate
to and affect their employees. He prefers a less formal approach than the
P.E.E.R. Act provides. In closing, he stated he appreciates all who came
forward to say the system isn't working right.
Commissioner Brungardt agreed with Commissioner Divine saying that
being a government employee was first and what they do as part of the team
was second. He supported the City Manager's suggestions and how business
handles its situations. He is in favor of keeping it informal and will vote for
the motion.
Commissioner Seaton spoke regarding the awareness of the
situation. She noted that the City Manager is aware and believes he is sincere
in working out problems. She will support the motion.
Commissioner Perney spoke in support of previous statements. He
feels that bringing in the P.E.E.R. Act brings in another level of bureaucracy
Action
96-546
96-547
96-548
giving the employees 2 bosses. He suggested the possibility of doing a
complete survey again. He stated he will support the motion.
Mayor Maxwell spoke regarding the perception of values of
management styles and the attempt to obtain more employee input and
involvement. She supports the training of management staff, especially in the
area of communication. She spoke regarding formalized groups to ask employees
to make suggestions through their department and pass those suggestions on
to the Employee Council. She suggested enlarging the way the council has
been used in the past. She feels we need flexibility for changes by working
together to work in an informal setting. She spoke regarding the difference
between cities and businesses and is interested in what the cities are doing who
remain outside the P . E . E . R . Act. The process is to address all departments.
She, too, believes the City Manager and other staff want it to work.
Mr. Nicholson spoke again stating that the P . E . E . R . Act is "a meet
and confer act" where what we have now is pretty much one-sided. Now,
one side is not being flexible and the other side is not being heard. He noted
no progress had been made in 3 years and doubts there will be any in 6
months.
No other comments were offered. Mayor Maxwell called for a vote on
the motion to work on the current system and review progress in 6 months.
Aye: (5) . Nay: (0) . Motion carried.
(8.3) Second reading Ordinance Number 96-9732 amending Chapter 23 of
the Salina Code regarding bail bonding regulations.
Judy Long, City Clerk, advised no comments have been received.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to adopt Ordinance Number 96-9732 on second reading. A roll call
vote was taken. Aye: (5), Perney, Seaton, Divine, Brungardt, Maxwell.
Nay: (0) . Motion carried.
OTHER BUSINESS
(9.1) Regarding Stewart School safety.
Shawn O'Leary spoke regarding the Belmont reconstruction project,
stating the project is ahead of schedule. The contractor is being paid for
safety crossings and panels have been constructed to carry children through
the construction area safely.
(9.2) Mayor Maxwell stated that money remains for the Mulching Mower
Rebates and encouraged citizens to use the program.
ADJOURNMENT
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
5:53 p.m.
[SEAL]
ATTEST:
yng, City C1 k
vel Maxwell, Mayor