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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 Action 96-542 96-543 DEVELOPMENT BUSINESS (7.1) Application #Z96-3, filed and withdrawn by the Salina City Planning Commission, requesting an amendment to Article X., Signs, by amending Section 42-504(1) dealing with flags as exempt signs and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