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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: /0- Judy Lo g, CMC, CityC k