The Governing Body of the City of Emporia, Kansas, met in Regular Session, Wednesday, January 15, 2003, in the City Commission Meeting Room with Mayor Johnson presiding and Commissioners Davis, Myers, Toso and Walters present. Also present were City Manager Commons, Assistant City Manager McAnarney, City Clerk Mendoza and City Attorney Plummer.

City Manager Commons stated he provided a letter to the Commission from the Regional Development Association which provides a recommendation from their Board of Directors on the proposed expansion by Menu Foods Midwest Corporation. He stated they are recommending an incentive which provides the following:

A five-year tax abatement on the equipment acquired in this expansion.


A performance-based cash incentive of $100,000 per year for four years based on $9 million of equipment or $100,000 per year for six years based on $14 million of equipment.

He stated the company will provide 70 new jobs with an additional payroll of $1.75 million and the previously stated range for equipment investment. He stated this expansion will allow them to add a second pouch line.

Mr. Kent Heermann, Director of the Regional Development Association addressed the Governing Body requesting their approval of this Incentive Compliance Agreement for the expansion project for Menu Foods Midwest Corporation.

Following further discussion, Commissioner Davis made a motion agreeing to the concept of the Incentive Compliance Agreement for an expansion project for Menu Foods Midwest Corporation and directed staff to work with a Menu representative to prepare a final document for the Commission’s consideration. Commissioner Toso seconded the motion. The vote follows: Commissioner Davis, aye; Commissioner Toso, aye; Commissioner Myers, aye; Commissioner Walters, aye; and Mayor Johnson, aye.

City Attorney Plummer stated Rural Water District No. 4 of Lyon County approached the City during the summer last year about amending their water supply agreement with the City of Emporia. He stated the Water District supplies water to the Thorndale Addition. The Water District requested an increase in the number of meters authorized. The existing agreement with Water District No. 4 dated 1994, provides for a maximum of 360 meters and a maximum usage of six million gallons per month. He stated the new agreement provides for an increase of 50 meters for a maximum of 410 meters. The maximum gallonage stays the same at up to six million per month. He stated the standard terms and conditions were included in this agreement. Attorney Plummer stated this agreement has been approved by the Rural Water District No. 4 Board of Directors.

Following further discussion, Commissioner Toso made a motion approving an agreement with Rural Water District No. 4. Commissioner Walters seconded the motion. The vote follows: Commissioner Toso, aye; Commissioner Walters, aye; Commissioner Davis, aye; Commissioner Myers, aye; and Mayor Johnson, aye.

AN ORDINANCE PERTAINING TO SOLID WASTES; AMENDING SECTIONS 23-26 OF THE CODE OF THE CITY OF EMPORIA, KANSAS, 1983, AS AMENDED; AND REPEALING SAID SECTIONS AS THEY EXISTED PRIOR TO THE ADOPTION OF THIS ORDINANCE, to which the City Clerk assigned Ordinance Number 03-02, was presented to the Governing Body for their consideration.

City Manager Commons stated approval of this proposed ordinance would adjust Sanitation and Transfer Station rates. He stated the Commission reviewed and discussed a report in an earlier study session relating to fee adjustments for solid waste collection services. The report also recommended reductions in the collection of residential compost material and during the meeting, fee increases for landfill disposal were also discussed. He stated it appeared to be the consensus of the Commission that the residential collection of compost should be discontinued. He stated during the discussion concerning commercial collection charges, it appeared that the City’s rate schedule is not compatible with the marketplace in some areas. It appears that our fee structure is higher for less frequent volume collections and lower for more frequent higher volume collections. He stated staff is recommending that we evaluate this situation over the course of this year and develop recommendations for the Commission to determine if changes need to be pursued in these commercial collection rates. He stated if the Commission decides to eliminate the residential compost collection service, staff can develop a program that encourages the public to acquire mulching mowers through a cash rebate provided by the City. City Manager Commons stated this proposed ordinance represents a 7 1/2% increase in the Sanitation rates.

Commissioner Myers stated he had been contacted by a few citizens requesting the compost program be retained. He stated he would rather wait on this decision to see if we can come up with some more creative ways to address this.

Commissioner Davis stated his concern was the $65,000 cost to provide this compost service representing a substantial amount of money, especially with the general state of the budget.

Commissioner Toso stated there are relatively few people in the community that use the compost service. He stated if we are going to try and find ways to help with the budget constraint, this is one of the best places that would affect the least amount of people.

Commissioner Myers stated he was not in favor of spreading out the cost of subsidizing this service to the general public to cover for the ones that actually use the program.

Following further discussion, Commissioner Walters made a motion approving Ordinance Number 03-02, an ordinance increasing Sanitation rates 7 1/2% as proposed. Commissioner Myers seconded the motion. The vote follows: Commissioner Walters, aye; Commissioner Myers, aye; Commissioner Davis, aye; Commissioner Toso, aye; and Mayor Johnson, aye.

It was the consensus of the Commission to postpone the compost discussion allowing staff more time to establish a rebate program that would encourage the use of mulching mowers.

City Engineer Beatty was recognized and addressed the Governing Body. He stated as established with phase two of the Federal Clean Water Act the City of Emporia must establish regulations outlining Best Management Practices (BMPs) to regulate small Municipal Separate Storm Sewer Systems. The consortium is being established to help with the development of Notice of Intents to KDHE and training. The training is to help with developing the BMPs for each town within the consortium in a workshop atmosphere. He stated a web site will be developed to help with questions and resources for managing permits to KDHE and local developers. He requested the Commission authorize the Mayor to sign a resolution joining a consortium of communities relating to Storm Water Phase II permitting.

Commissioner Davis made a motion approving Resolution Number 3096, a resolution establishing city policy regarding participation with the Kansas American Public Works Association National Pollution Discharge Elimination System Storm Water Phase II consortium. Commissioner Toso seconded the motion. The vote follows: Commissioner Davis, aye; Commissioner Toso, aye; Commissioner Myers, aye; Commissioner Walters, aye; and Mayor Johnson, aye.

City Manager Commons stated bids were received for three new patrol cars for the Police Department. He stated in the past, police vehicles were fairly large units that had ample interior room for the limited equipment that law enforcement officers utilized in the past. Today, the equipment utilized in the patrol car has gotten must more sophisticated and literally it provides a mobile office for the patrolman. He stated as our space requirements increased, our available police package units in a full-size automobile half decreased. He stated each of the units specified meets our specifications. He stated staff believes that the Chevrolet Impala and the Dodge Intrepid are fairly comparable units in providing interior space. He stated the Ford Crown Victoria is a larger vehicle and provides more usable interior room. He stated currently our fleet of 12 patrol units is made up of eight Chevrolet and four Fords. Three of the Ford units will rotate out of the fleet. The department would prefer to replace all of these units with the Ford patrol car. He stated they recognize the fiscal issues associated with the difference in bids and would like the Commission to possibly consider purchasing at least one or two of the units from Ford.

Police Chief Heffron was recognized and addressed the Governing Body to answer questions concerning the vehicle purchase.

Commissioner Davis he could not justify buying vehicles to fit employees.

Mayor Johnson stated this was a difficult decision because in many ways the vehicle is the office for that employee and you tend to work better in a more comfortable situation, however, it is hard to justify the additional expense when there are severe budget constraints.

Commissioner Davis than made a motion to approve two Chevrolets and one Ford.

Commissioner Toso stated he remembered a few years ago the Commission expressed concern because they were dealing with a sole Ford purchase, now two other types of cars have bid and we are saying we still want to go with Ford. He stated we might as well write the specifications for Ford so that no one else could bid them or go sole source.

Commissioner Davis stated his motion stood. The motion died for a lack of a second.

Jeff Butcher, Fleet Manager for North Larson Motors addressed the Governing Body. Mr. Butcher stated the Crown Victoria made by Ford is a true police car and has features the other models do not. He stated they are stronger, safer and last longer, it’s not just a bigger car.

Commissioner Myers made a motion to purchase one Chevrolet and two Fords as recommended by the City Manager. Commissioner Walters seconded. The vote follows: Commissioner Myers, aye; Commissioner Walters, aye; Commissioner Davis, nay; Commissioner Toso, nay; and Mayor Johnson, nay.

Commissioner Davis then made a motion to accept the low bid and purchase three Chevrolets at a cost of $60,334.17. Commissioner Toso seconded the motion. The vote follows: Commissioner Davis, aye; Commissioner Toso, aye; Commissioner Myers, aye; Mayor Johnson, aye; and Commissioner Walters, nay.

Police Chief Mike Heffron was recognized and addressed the Governing Body. Chief Heffron stated he was appearing before the Commission to discuss emergency radio system replacement. He stated the current walkie-talkie and mobile units used by the Police Department were purchased in the 1980's and parts for them are no longer available. He stated his department purchased radios from the Lyon County Sheriff’s Department, that they were no longer using, in order to cannibalize them for parts. He stated parts are not available for the City’s Dispatch Center. He stated much of the radio equipment is nearing the end of its useful life. Dead spots that the radios can’t reach have been found in the county and equipment failures have occurred. He stated in addition, the radios police and firefighters use are falling behind new national standards adopted after the September 11 attacks. He stated Motorola has been one of the traditional sources for municipal radio systems and they were invited to submit a proposal by January 1, 2003. He stated the proposal was incomplete.

Sgt. Rick Frevert, Supervisor of the Dispatch Center, stated that might be due to the fact that the City is still interested in using UHS equipment while Motorola is committing itself more to 800 mhz radio systems.

Chief Heffron stated he did receive an offer by Ka-Comm that could go up in three phases. The first phase being new walkie-talkies and mobile radios which could be available in three or four weeks of an agreement being reached. Phase Two would be for a new console and 911 system. Phase Three would include a new 300' tower, repeaters and booster system. He stated as currently priced this system would run $751,616.00 for all three phases.

City Manager Commons stated the City has sold $600,000.00 in bonds for replacing the radio system and also has $115,000.00 in 911 funds that can be spent on the system. He stated if everything goes ahead the City intends to set up the tower at the Water Treatment Plant for better security.

Chief Heffron stated the Dispatch Center would be relocated to another location within the Police Department and that the system would be compatible with that used by the Lyon County Sheriff’s Department.

Following further discussion, it was the consensus of the Commission to direct staff to contact Ka-Comm and see if the price offered could be reduced by a package deal. Staff is to bring this item back to the Commission for their consideration at their next Regular meeting. No further action was taken on this item.

Representatives of Sacred Heart School of Emporia, and St. Joseph School of Olpe, were in attendance to present a proclamation declaring January 27 through February 2, 2003 as “Catholic School Week.” They stated America’s Catholic schools are internationally acclaimed for their academic excellence but provide students more than a superior scholastic education. Sacred Heart and St. Joseph schools represent two of 8,144 Catholic schools in the United States with an enrollment of 225 students and an average student to teacher ratio of 15 to 1. They stated Catholic schools produce students strongly dedicated to their faith, values, families, and communities by providing and intellectually stimulating an environment rich in spiritual, character, and moral development. They called upon the people of Emporia, Kansas, to join their fellow citizens across the United States in recognizing and participating in this special observance.

Following the reading of the proclamation by the Mayor, it was moved by Commissioner Toso, seconded by Commissioner Walters that the Mayor be authorized to sign a proclamation declaring January 27 through February 2, 2003 as “Catholic School Week.” The vote follows: Commissioner Toso, aye; Commissioner Walters, aye; Commissioner Davis, aye; Commissioner Myers, aye; and Mayor Johnson, aye.

Representatives from Emporia High School were in attendance to present a proclamation declaring the month of February as “Project Emporia Month” in Emporia. Ann Krestsinger, EHS student, stated the Emporia High Student Council challenges individuals, organizations, schools, and businesses to join in collecting non-perishable food items and paper products to help re-stock the food pantries of the Salvation Army, SOS and the Emporia Rescue Mission. She stated during this month, all over Emporia, service projects will be performed to increase the public’s donation to and awareness of the plight of Emporia’s hungry. She urged all citizens to join the Emporia High School’s Student Council in donating and collecting food and paper items for the City’s hungry.

Following the reading of the proclamation by the Mayor, it was moved by Commissioner Davis, seconded by Commissioner Walters, that the Mayor be authorized to sign a proclamation declaring the month of February as “Project Emporia Month” in Emporia. The vote follows: Commissioner Davis, aye; Commissioner Walters, aye; Commissioner Myers, aye; Commissioner Toso, aye; and Mayor Johnson, aye.

Mr. Jim Chamberlin, representing the Emporia Junior Chamber of Commerce, was in attendance to present a proclamation declaring January 19 through 25 as “Emporia Junior Chamber of Commerce Week” in Emporia. He stated the Emporia Junior Chamber of Commerce has actively involved itself in the life of our community for the future development of community leaders as an organization, nationally and in the State of Kansas for the past 63 years. The Emporia Junior Chamber of Commerce has contributed humanitarian projects such as Eastgate Plaza Low-Income Housing, Stanton Heights Apartments, Fourth of July Celebrations, and Kansas Jaycee Cerebral Palsy Ranch. He urged all Emporia citizens to recognize the importance of community service to all of us citizens.

Following the reading of the proclamation by the Mayor, it was moved by Commissioner Walters, seconded by Commissioner Toso, that the Mayor be authorized to sign a proclamation declaring January 19 through 25 as “Emporia Junior Chamber of Commerce” in Emporia. The vote follows: Commissioner Walters, aye; Commissioner Toso, aye; Commissioner Davis, aye; Commissioner Myers, aye; and Mayor Johnson, aye.

This is a verbal report that announces upcoming events, recognizes employees for outstanding contributions and provides the public information that may be of general interest. The following information was presented at the meeting:

CALENDAR:

	January 17 3:00pm Jerry Moran Listening Tour - Lyon County Courthouse
	January 24 All Day City Manager’s Winter Conference - Wichita
	January 25 8:30am Eggs and Issues - Flint Hills Technical College
	January 30 City Hall Day at the Capital
	January 22 - Study Session @ 10:30 a.m.
	Discuss traffic signal at 7th and Merchant
	Discuss proposed adjustments in the 2003 Budget in response to State Budget cuts
	Request of Teresa Walters to discuss the seizure of vehicles on repeat violators with the Commission
	Discuss upcoming meeting on February 5
	January 22 - Conduct a noon Joint Luncheon with the Human Relations Commission as part of your annual meetings with your appointed boards
	January 29 - No meeting is scheduled as this is the fifth Wednesday of the month.

It was moved by Commissioner Davis, seconded by Commissioner Toso that the Consent Agenda listed below be ratified as a whole:

	a.	Consider Minutes of the Regular meeting on January 2, 2003.
	b.	Consider ratification of Payroll Ordinance for the period ending January 4,2003.
	c.	Consider approval of annual certification for the UH-1Helicopter at the All Veteran’s Memorial.
	d.	Set 2:00 p. m. February 4, 2003 as the time and date to receive bids for a new ambulance.
	e.	Consider change Order #1 with APAC for the 2002-1 Hazardous Sidewalk Project.

The vote follows: Commissioner Davis, aye; Commissioner Toso, aye; Commissioner Myers, aye; Commissioner Walters, aye; and Mayor Johnson, aye.

Commissioner Davis made a motion to adjourn into Executive Session to discuss possible property acquisition, from 9:00 p.m. to 9:05 p.m., this same date. Commissioner Walters seconded the motion. The vote follows: Commissioner Davis, aye; Commissioner Walters, aye; Commissioner Myers, aye; Commissioner Toso, aye; and Mayor Johnson, aye.

Upon reconvening the meeting in Regular Session at 9:05 p.m., this same date, in the City Commission Meeting Room, Mayor Johnson stated they had discussed possible property acquisition.

Commissioner Davis then made a motion to adjourn. Commissioner Myers seconded the motion. The vote follows: Commissioner Davis, aye; Commissioner Myers, aye; Commissioner Toso, aye; Commissioner Walters, aye; and Mayor Johnson, aye.

ATTEST:
Susan Mendoza, City Clerk