07-15-1996 MinutesAction
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JULY 15, 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 15, 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:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Judy D. Long, City Clerk
Absent:
None.
None.
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Continuation of 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 the vacation request noting that the applicant will grant the
necessary easements. He discussed the issue of vacating half a public street
and the objections the adjacent owner has to the vacation. He recommended
the public hearing be continued until August 5, 1996.
Mayor Maxwell called the public hearing to order.
Leroy Loder, petitioner, said he is willing to accept any portion of
the vacation so that he may put up a fence. He stated he has been working
within the right of way since 1976 and supposed the objection from the
adjacent property owner may be for a proposed future use.
There being no other comments the Mayor declared the public
hearing closed .
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to continue the public hearing until August 5, 1996. Aye: (5) .
Nay: (0) . Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of the regular meeting of July 8, 1996.
(6.2) Petition Number 4121, filed by Dickinson, Inc., requesting certain
street and utility improvements in the Belmont Plaza Addition.
Moved by Commissioner Divine, seconded by Commissioner Perney, to
approve all items on the consent agenda. Aye: (5) . Nay: (0) . Motion
carried.
Action
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DEVELOPMENT BUSINESS
(7.1) Resolution Number 96-5034 authorizing the Mayor to execute an
agreement with Saline County for the development, use and maintenance of a
parking lot to be located at the southeast corner of Park and Tenth Streets.
Roy Dudark, Director of Planning and Community Development,
explained the purpose of the joint parking lot. In response to Commissioner
Divine's inquiry if lighting and sidewalks would be part of this project he
stated that they plan on looking at the issue.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to adopt Resolution Number 96-5034. Aye: (5) . Nay: (0) . Motion
carried.
(7.2) Resolution Number 96-5036 allowing a change to the timetable for the
start of project and completion regarding 245 S. Santa Fe Ave.
Mike Peterson, Building Inspector and Zoning Administrator,
explained the proposed timetable changes and responded to Commission inquires.
Moved by Commissioner Seaton, seconded by Commissioner Perney, to
adopt Resolution Number 96-5036. Aye: (5) . Nay: (0) . Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance Number 96-9749 amending Chapter 21 of
the Salina Code pertaining to minors and repealing the existing chapter.
The Mayor called for comments from the floor.
Pastor Bill Lepping, Salina resident and Pastor of the Abilene Calvary
Freewill Baptist Church, having discussed this issue with the Mayor, asked
questions of the Commission regarding delinquency, abduction and the abuse of
children. He recommended the Commission stay with the current 10:30 p.m.
curfew stating that the Commission would be partly responsible if something
tragic were to happen.
Helen Snyder, 703 N. 4th, Middle School student and Chairman of
the Youth Task Force associated with the Prevention Partnership, read a
statement supporting a 9:30 p.m. curfew for kids 15 and under.
Commissioner Seaton said she has received 2 phone calls on this
issue both regarding the time. She noted that the recommendation had been for
11:00 p.m. from the group working on the changes and then explained why
the time was moved to midnight. She stated this was not a parenting issue
but a public safety issue and asked for Commission comment.
Commissioner Divine noted that he too had received only a couple
phone calls and supported the position that this is not a parenting issue. He
clarified that the City has other ordinances to address misbehaving youths.
Commissioner Perney noted that he had received several comments.
He felt that people should set their own limits and restated his position that
there is no need for a curfew clarifying that it should not be against the law to
be out. He closed stating he will vote against the ordinance.
Commissioner Brungardt noted that he too had received a few
comments. He commented on the need for the Commission to use prudence and
wisdom. He clarified that parents are responsible for their children and
supported the previous Commission position that it will be unenforceable if made
too early. In closing, he further clarified that the Commission does not
endorse children being out at midnight and offered to make the same motion as
before.
Mayor Maxwell indicated that the youths she spoke with were
concerned for those 12 and under. She indicated she had received a half dozen
phone calls, one in support of the midnight curfew the remainder supported
11:00 p.m. She noted that parents need community support to control their
children and closed stating she could not support midnight.
96-654 Moved by Commissioner Brungardt, seconded by Commissioner
Divine, to approve Ordinance Number 96-9749 on second reading.
Action #
Mayor Maxwell called for additional comments.
Pastor Lepping spoke again on the state of society. He felt that
hildren are taking care of their parents. He noted that most late night church
nd school activities are supervised by adults and felt a lower curfew would
.elp the police department.
96-655 Moved by Commissioner Divine, seconded by Commissioner Seaton, to
amend the ordinance to 11:00 p.m. The Mayor called for a vote on this
motion. Aye: (3). Nay: (2), Perney, Brungardt. Motion carried.
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The Mayor called for a roll call vote on the amended ordinance.
Aye: (3), Seaton, Divine, Maxwell. Nay: (2), Perney, Brungardt. Motion
carried.
(8.1a) Resolution Number 96-5032 setting out the policy considerations
relating to adoption of an amended curfew ordinance.
The Mayor explained the resolution asking the City Clerk for further
clarification who deferred to Mr. Kissinger.
Dennis Kissinger explained
the resolution
is guidance
for this and
future Commissions. He responded
to Commission
inquiry that it will be
acceptable procedure for an officer to
asked children
to go home
and clarified
that there is no intent to keep track
of verbal only
requests for
a juvenile to
go home.
Moved by Commissioner
Divine, seconded by
Commissioner
Brungardt, to adopt Resolution Number 96-5032.
Aye: (5) .
Nay: (0) .
Motion carried.
Mr. Kissinger suggested monitoring this ordinance and bringing a
report back to the Commission in 6 or 12 months.
(8.2) First reading Ordinance Number 96-9750 amending Section 25-63 of the
Salina Code pertaining to Violation of Protective Orders.
Greg Bengston explained the proposed code change. The changes
will bring the City into conformity with State Statutes regarding domestic
violence.
Moved by Commissioner Seaton, seconded by Commissioner Divine, to
approve Ordinance Number 96-9750 on first reading. Aye: (5) . Nay; (0) .
Motion carried.
(8.3) Ordinance Number 96-9751 amending Chapter 34 of the Salina Code
by establishing the membership of the Salina/Saline County Solid Waste
Management Committee.
Dennis Kissinger explained this ordinance implements the permanent
creation of a committee to comply with State Law and prior Commission action.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to approve Ordinance Number 96-9751 for first reading. Aye: (5) .
Nay: (0) . Motion carried.
(8.4) Resolution Number 96-5033 authorizing the filing of an application for
funding under the Local Law Enforcement Block Grants Program.
Dennis Kissinger explained the resolution and application noting that
it would be premature to decide how the money should be spent before the
required advisory board is set up. The federal grant amount to Salina will be
$31,990 requiring a 10% matching requirement of $3,554 in local funds.
Moved by Commissioner Brungardt, seconded by Commissioner Perney,
to adopt Resolution Number 96-5033. Aye: (5). Nay: (0). Motion carried.
(8.5) Report on validity and submittal of engineering feasibility report for
Petition Number 4120, filed by Mr. Ken Nordboe, requesting certain street and
utility improvements in Nord Subdivision and Wallerius Addition.
(8.5a) Resolution Number 96-5035.
Action
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Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the petition and the unique request to upgrade an established
development. He declared the petition to be valid and noted the resolution has
been combined to include both the resolution of advisability and resolution of
authorization.
Moved by Commissioner Divine, seconded by Commissioner Seaton, to
accept the fesibility report and approve Resolution Number 96-5035. Aye: (5) .
Nay: (0). Motion carried.
OTHER BUSINESS
(9.1) The Mayor reminded citizens that they must register on or before
July 22, 1996 if they wish to vote in the primary and that this can be done in
the County Clerk's Office.
ADJOURNMENT
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, that the Regular Meeting of the Board of Commissioners be adjourned.
Aye: (5) . Nay: (0) . Motion carried. The meeting adjourned at 5:07 p.m.
[ SEAL]
ATTEST:
44�D. ong, City Jerk
Evel Maxwell, Mayor