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07-01-1996 Minutes96-636 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS JULY 1, 1996 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, July 1, 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 Merlin J. Stephens, 340 Maple, spoke regarding sewer drainage problems in his basement. He felt that Yale and Maple streets are getting more water because of new houses put in on surrounding streets and asked the Commission to consider how sump pumps are being used in the city. His concern that when he watered his yard his sewer bill increased was resolved by Dennis Kissinger who clarified that only during the months of December, January and February does a citizen's water usage account for the sewerage bill. AWARDS - PROCLAMATIONS (4.1) The Day of July 4, 1996 as "IMOGENE NORTH DAY" in the City of Salina. The proclamation was read by Roger Steinbrock, Coordinator of the All American 4th. (4.2) The Month of July, 1996 as "NATIONAL RECREATION AND PARKS MONTH" in the City of Salina. The proclamation was read by Steve Snyder, Director of Parks and Recreation. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing and report on Petition Number 4118 requesting vacation of the existing public street right-of-way for North 5th Street north of North Street and south of the Union Pacific Railroad tracks in Calkins and Jones Additions. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained that there were several areas of the requested petition that staff needed to clarify with the Petitioner. He recommended the matter be tabled to allow staff and the applicant more time to resolve several issues related to the petition. Mayor Maxwell called the Public Hearing to order. Moved by Commissioner Brungardt, seconded by Commissioner Divine, to continue the Public Hearing to July 15, 1996. Aye: (5). Nay: (0) . Motion carried. (5.2) Public Hearing and report on Petition Number 4119 requesting vacation of the existing public street right-of-way for Ridgelea Drive west of Starlight Drive in Rolling Hills Addition. (5.2a) First reading Ordinance Number 96-9750. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the petition request and noted that an issue has arisen regarding the retention of the public access. He recommended the matter be continued to July 22, 1996 to allow residents of the neighboring subdivision time to respond to the vacation request. Action 96-637 96-638 Mayor Maxwell called the Public Hearing to order. Moved by Commissioner Divine, seconded by Commissioner Seaton, to continue the Public Hearing until July 22, 1996. Aye: (5) . Nay: (0) . Motion carried. CONSENT AGENDA (6.1) Approve the minutes of the regular meeting of June 24, 1996. (6.2) Consideration of an agreement between the City of Salina and Crestwood, Inc. for water and sanitary sewer service. (6.3) Resolution Number 96-5028 authorizing the Mayor to execute a professional services agreement with DMA Architects for the design of certain improvements to the Smoky Hill Museum, in an amount not to exceed $6,500. Commissioner Perney noted a correction to Commission Action Number 96-631 in the Minutes of June 24, 1996. His motion in item 8.6 of that date referred to the second alternate listed on the blue sheet rather than the second construction option. Don Hoff, Director of Engineering and Utilities, responded to concerns regarding the agreement in item 6.2 on this agenda. Moved by Commissioner Divine, seconded by Commissioner Seaton, to approve all items on the consent agenda as amended. Aye: (5) . Nay: (0) . Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Ordinance Number 96-9749, amending Chapter 21 of the Salina Code pertaining to minors and repealing the existing chapter. Dennis Kissinger defined the objectives of this ordinance. He explained the background concerning the update of the "Curfew Ordinance." He reviewed the exceptions list and asked the Commission to clarify a specific time giving examples of how an 11:00 p.m. curfew would create a vague interpretation and the goal is to generate the most voluntary compliance possible. He also explained the reasons for municipal utilization of a curfew and its application in Salina. He stated the punishment for violation is designed to be problem solving, spoke regarding the difference between fear and fact in the citizenry, and clarified what the ordinance was and was not intended to do. Greg Bengston explained the statutes regarding "Child in Need of Care" and how it worked with the proposed ordinance. Neal Zouzas, Director of Juvenile Intake and Assessment, explained the 3 functions of their service and how a curfew violation would be addressed through mediation for problem resolve. He responded to Commission inquiry that most juvenile problems occur between 10:00 p.m. and 2:00 a.m. and that of nine -hundred cases he estimated only 10% to 11% would be placed outside of their home. Julie McKenna, County Attorney, was asked to explain what repeat offenders of a curfew violation could expect. She clarified that there is no across the board answer however if detained a juvenile must have a hearing within forty-eight hours. If the case warranted, there would be court proceedings and a temporary custody hearing. She clarified that they do not take children out of their homes without parental participation. She also indicated that in the most extreme case parental rights can become severed but clarified that a situation of that magnitude would involve much more than curfew violations. She also clarified that there was no set number of violations that would warrant a Child in Need Of Care Petition from her office. One situation may not warrant such a petition after 4 violations while another may warrant it upon the first violation. Jim Hill, Police Chief, indicated that, where applicable, telephone intervention was used with the offender usually sent home. He clarified that when a youth is taken to the Police Station there is usually another problem involved either with the activities accompanying the curfew violation, an Action inability to find the guardians or an inability of the guardians to provide a safe environment for the youth. He noted that officers are able to identify when a child is in danger and clarified that officers do not sweep the streets for everyone under a certain age. He informed the Commission that while there is not a special training for officers to deal with this issue the Police Department has a policy to use the least restrictive means possible with youths. Officers do attend training classes and go through the academy so they are sensitive to working with youths. He explained that there specific policies in the use of handcuffs, explained what those situations are and closed saying that in most situations their use is left to the discretion of the officers involved. 96-639 Moved by Commissioner Brungardt, seconded by Commissioner Seaton, to approve Ordinance Number 96-9749 for first reading with the time of midnight as the operable time. Greg Bengston further explained the Care Act, noting that anytime a child appears to need care an officer can interact at the officer's discretion. Teri Hernandez, 2026 Simmons, member of the Curfew Working Group and concerned parent, indicated the children she spoke with agreed with the 11:00 p.m. curfew and she felt that younger children were already covered. A vote was called to the motion on the floor. Aye: (3). Nay: (2), Perney, Maxwell. Mayor Maxwell indicated she was against the removal of the parental section and indicated those things she did like about the new ordinance. She would like to see a blending of the new with the old. Commissioner Perney stated that he was not convinced an ordinance was needed at all. Commissioner Brungardt noted that the Commission's task was to pick a minimum time after which youths should not be out. Commissioner Seaton indicated this ordinance provides a safety net and specific guidelines to police officers. The intent is to provide a safe environment for children. Commissioner Divine supports the ordinance as it lets intervention come in the first time it is needed to open dialog between parents and children. Dennis Kissinger requested the second reading of this Ordinance be on July 15, 1996, and asked if the Commission wanted to make a Policy Philosophy statement in a companion resolution to express legislative policy. He was instructed to present the resolution for Commission determination. Mr. Kissinger again thanked all who worked on this task. Commissioner Divine left the meeting at 5:35 p.m. (8.2) Resolution Number 96-5025 providing authorization for wire transfers and investment services approval for effecting securities purchases and sale. Rod Franz, Director of Finance and Administration, explained the resolution and the need for additional authorization signatures. 96-640 Moved by Commissioner Perney, seconded by Commissioner Seaton, to adopt Resolution Number 96-5025. Aye: (4). Nay: (0). Motion carried. (8.3) Resolution Number 96-5027 declaring the intent of the City to issue Revenue Bonds to finance the construction of three wastewater pump stations. Rod Franz, Director of Finance and Administration, explained the resolution. 96-641 Moved by Commissioner Seaton, seconded by Commissioner Brungardt, to adopt Resolution Number 96-5027. Aye: (4) . Nay: (0) . Motion carried. (8.4) Award of contract for the rehabilitation of wastewater Pump Station Numbers 2 and 19, Project Number 95-952. Don Hoff, Director of Engineering and Utilities, explained the rehabilitation projects for the City's Pump Stations, the bids received and the staff recommendation. He responded to Commission inquiry that Mr. Stephens has a separate issue as the property owners in the area he spoke of did not Action 96-642 96-643 have an interest in the upgrade previously offered. Mr. Hoff invited discussion on improvements with those interested. Moved by Commissioner Brungardt, seconded by Commissioner Seaton, to award the contract for the rehabilitation of wastewater pump stations 2 and 19, to Walters -Morgan Construction, Inc. in the amount of $864,000. Aye: (4) . Nay: (0) . Motion carried. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Brungardt, seconded by Commissioner Perney, that the Regular Meeting of the Board of Commissioners be adjourned. Aye : (4) . Nay: (0) . Motion carried. The meeting adjourned at 5:45 p.m. Eveln Maxwell, Mayor [ SEAL] ATTEST: D. ng, City C1 k