06-10-1996 MinutesAction
96-601
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JUNE 10, 1996
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, June 10, 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.
CITIZEN FORUM
Commissioner Divine thanked staff and volunteers for work done on
the Smoky Hill River Festival.
Dennis Kissinger gave a brief update on the storm incident which
took place a week ago Friday. While the Post Incidence Analysis report is not
yet ready, staff is looking into several areas for improvements such as road
closures, public information, public safety, engineering, and public works.
He will have a firm date for the Neighborhood Meeting within the next couple
of days.
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of the regular meeting of June 3, 1996.
(6.2) Approval of the plans and specifications for Pump Station Number
13, Project Number 95-925 and authorize staff to set a date to receive bids.
(6.3) Resolution Number 96-5017 authorizing the Mayor to execute an
agreement with the Union Pacific Railroad Company for pipeline encroachment.
Commissioner Seaton noted changes to the Minutes of June 3, 1996.
Mayor Maxwell noted item 6.3 was heavily in favor of the Railroad.
Greg Bengston stated that the Mayor is correct and Don Hoff,
Director of Engineering and Utilities, explained that this was the best staff
could get and detailed the agreement.
Moved by Commissioner Brungardt, seconded by Commissioner
Divine, to approve all items on the consent agenda with corrected minutes.
Aye: (5). Nay: (0). Motion carried.
None.
DEVELOPMENT BUSINESS
Action
96-602
96-603
96-604
96-605
96-606
ADMINISTRATION
(8.1) Second reading Ordinance Number 96-9742 providing for the vacation
of the drainage easements located on Lots 3 through 6, Block 1, Interstate
District Number 2.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to adopt Ordinance Number 96-9742 on second reading.
Barbara Weber, Deputy City Clerk, confirmed no comments had been
received. A roll call vote was taken. Aye: (5), Brungardt, Divine, Seaton,
Perney, Maxwell. Nay: (0) . Motion carried.
(8.2) Resolution Number 96-5016 authorizing and ordering certain street
and utility improvements in the River Meadows Addition, Victoria Heights
Addition and the Unplatted Tract Number 1.
Dennis Kissinger explained the second stage in the Special Assessment
process.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the bid letting.
Moved by Commissioner Brungardt, seconded by Commissioner Perney,
to adopt Resolution Number 96-5016. Aye: (5) . Nay: (0) . Motion carried.
(8.3) Amend Chapter 38 of the Salina Code regarding Traffic and Motor
Vehicles by adding provisions regarding yellow curb parking and the use of
gopeds within the city.
(8.3a) First reading Ordinance Number 96-9743.
Greg Bengston explained this ordinance is clarifying that parking is
prohibited beside yellow curb markings.
Moved by Commissioner Divine, seconded by Commissioner Seaton, to
approve Ordinance Number 96-9743 for first reading. Aye: (5). Nay: (0).
Motion carried.
(8.3b) First reading Ordinance Number 96-9744.
Jim Hill, Chief of Police, explained that "Gopeds" are motorized
skateboards reaching maximum speeds of thirty-five m.p.h. , and the concern
with the steering ability of riders.
Commissioner Perney said he felt these units were toys and this
ordinance excessively prohibitive and unnecessary. If this issue were
addressed with that of bicycles that would be okay. He felt it was unrealistic
to ban these units from the city because it is something new and different
without cause.
Chief Hill informed the Commission that officers on the street have
made this recommendation and explained this ordinance would only allow the
use of gopeds on private property.
Dennis Kissinger clarified that the ordinance prohibited these units on
public streets and sidewalks. In support of the ordinance, he indicated the
units should be prohibited from public sidewalks for consideration of pedestrian
safety or consider them as a toy and prohibited from public streets.
During a discussion regarding the amendment of the ordinance to put
recommended changes with those of bicycles, Chief Hill indicated a person had
escaped an officer on one of these units.
Moved by Commissioner Perney, seconded by Commissioner Divine, to
defer until bicycles, skateboards, and rollerblades will be reviewed. After a
discussion of when staff may be reviewing those issues, both commissioners
withdrew their motions.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to approve Ordinance Number 96-9744. Aye: (0). Nay: (5),
Brungardt, Seaton, Perney, Divine, Maxwell. Motion failed.
Action
96-607
(8.4) Amend Chapter 25 of the Salina Code by adding provisions regarding
Aggressive Begging/Soliciting.
(8.4a) First reading Ordinance Number 96-9745.
Jim Hill, Chief of Police, explained the recent problems encountered
with persons aggressively soliciting/begging for money. He clarified that while
no one was hurt, the implication of harm was there and money was given or
purchases made out of fear. He explained that we do not have an ordinance
to handle the problem which has recently resurfaced.
Dennis Kissinger clarified that this ordinance deals with conduct.
Chief Hill responded to Commission inquiry clarifying that it does not
cover school yard bullying which is provided for in other areas and Greg
Bengston explained the test for qualifying.
Mr. Kissinger stated that the ordinance will be further clarified
between the first and second readings.
Chief Hill detailed further the involuntary donations that have been
extracted from citizens.
Moved by Commissioner Perney, seconded by Commissioner Seaton, to
approve Ordinance Number 96-9745 for first reading. Aye: (5). Nay: (0).
Motion carried.
(8.5) Amend Chapter 25 of the Salina Code by changing the penalty
classification regarding criminal damage to property and by adding provisions
regarding criminal trespass.
(8.5a) First reading Ordinance Number 96-9746.
Jim Hill, Chief of Police, explained the changes in the ordinance that
clarify "trespass". He explained the new fad of "roof jumping" and related to
the Commission that there have been incidences where persons have gone into
open garages and spent the night. He responded to further inquiry that this
ordinance is more restrictive than state statutes.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to approve Ordinance Number 96-9746 for first reading. Aye: (5).
Nay: (0) . Motion carried.
(8.6) Amend Chapter 7 of the Salina Code regarding animals by defining
certain words and phrases and adding provisions regarding dangerous or
vicious dogs.
(8.6a) First reading Ordinance Number 96-9747.
Jim Hill, Chief of Police, explained recent events and the need for
this ordinance to clarify the current chapter of the Salina Code. He informed
the Commission that there are one -hundred -fifty to one -hundred -sixty dog
bites per year of which 5 to 6 are severe enough to require sutures.
Commissioner Divine and Dennis Kissinger agreed that a plain
language pamphlet will be put together for persons licensing their dogs.
Pam Homeier, 1221 Andrew, representing a local kennel club, spoke
regarding the requirement of the animal's owner to report bites as she doesn't
feel all owners will. She asked if veterinarians couldn't be required to report
bites found on other animals they treat.
Dennis Kissinger explained the accountability the ordinance provides.
He informed the Commission that while the issue can be revisited with the
Health Department, he expects the veterinarians to voluntarily comply. He
noted, however, that the Commission can so mandate.
Commissioner Brungardt spoke against mandating the compliance of
veterinarians and supported the revisiting of the issue with the Health
Department.
Mayor Maxwell voiced her concerns regarding animals that attack
other animals may become more aggressive and attack people.
Action #
96-609 Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to approve Ordinance Number 96-9747 as it is written for first
reading. Aye: (5). Nay: (0). Motion carried.
(8.7) Change Order Number 6, in the amount of $26,254, on the 1995
Subdivision Improvements, Project Number 95-938 and an Agreement with the
property owners in Valley View Addition.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the changes which expand the sewer from Valley View Estates into the
older Valley View Addition to replace individual septic tanks. He clarified that
this is the most cost effective method for the 5 owners of 6 lots to upgrade.
The agreement with the additional land owners and payment for all change order
costs including administrative and engineering costs have already been
received from those 5 owners. Each property owner will connect to the public
line on their own, this change order only brings the "T-line" in.
96-610 Moved by Commissioner Seaton, seconded b Commissioner Perney, to
approve Change Order Number 6, in the amount of 26,254 and the agreement
with the property owners. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
(9.1) Mayor Maxwell expressed her dismay at the recent flooding which
took place while she was out-of-town. She thanked the public for coming
forward and sharing their concerns with the staff and commission, and she felt
there was excellent coverage in the local newspaper.
(9.2) Mayor Maxwell expressed her personal and the Commission's
sympathy for the loss of Don Delany who had attended commission meetings.
ADJOURNMENT
96-611 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
5:08 p.m.
CEvelvyrMaxwell, Mayor
[SEAL]
ATTEST:
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Judy Lo g, CMC, CityC k