06-21-2004 MinutesCommission
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04-6435
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
June 21, 2004
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session for Miscellaneous Staff Reports. The
Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City -
County Building. A roll call was taken followed by the Pledge of Allegiance and a moment of silence.
There were present:
Mayor Monte Shadwick, Chairman presiding
Commissioner Deborah P. Divine
Commissioner Alan E. Jilka
Commissioner Donnie D. Marrs
Commissioner Paul G. Webb
comprising a quorum of the Board, also present:
Dennis M. Kissinger, City Manager
Greg Bengtson, City Attorney
Lieu Ann Elsey, City Clerk
Absent: None
CITIZEN FORUM
None.
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of June 14, 2004.
(6.2) Award of contract for the 2004 Structures Demolition, Project No. 04-1431 to G & G
Dozer in the amount of $24,057.
(6.3) Authorize purchase and maintenance of a lead-based paint analyzer.
(6.4) Award of contract for the 2004 Water System Enhancements (Bromac Avenue, Graves
Blvd, and Crawford Street), Project No. 04-1426 to Smoky Hill, L.L.C. in the amount of $252,242.60.
(6.5) Resolution No. 04-6086 initiating proceedings for street and intersection improvements
(intersections of Broadway Blvd/North Street, Broadway Blvd/Ninth Street/Pacific Avenue, and Santa
Fe/Pacific).
Rod Franz, Director of Finance and Administration, responded to Commissioner Jilka's
questions regarding the assessments not appearing on the tax roll until December of 2005 (Item 6.2).
Moved by Commissioner Divine, seconded by Commissioner Webb, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
None.
DEVELOPMENT BUSINESS
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ADMINISTRATION
(8.1) Second reading Ordinance No. 04-10207 vacating a 16 -foot platted alley in Block 9,
Pacific Addition.
Mayor Shadwick noted that Ordinance No. 04-10207 was passed on first reading on June
14, 2004 and since that time no comments have been received.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to adopt Ordinance
No. 04-10207 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb,
Shadwick. Nay: (0). Motion carried.
(8.2) First reading Ordinance No. 04-10208 amending Chapter 8, Article I through IX of the
Salina Code by adopting the 2003 International Building Code with local amendments.
(8.3) First reading Ordinance No. 04-10209 amending Chapter 14, Article III, Divisions 1 — 3
of the Salina Code by adopting the 2003 International Fire Code with local amendments.
Commissioner Marrs asked that Item 8.2 and 8.3 be postponed until the July 12, 2004
meeting, so the Commission has more time to review the changes.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to postpone the
consideration of Ordinance Nos. 04-10208 and 04-10209 until July 12, 2004. Aye: (5). Nay: (0).
Motion carried.
(8.4) Consideration of ordinance options which would govern ownership of pit bull dogs in
Salina, Kansas. (Ordinance to be numbered 04-10210)
Dennis Kissinger, City Manager, explained the ordinance options. Mr. Kissinger
explained that Option A would prohibit pit bull ownership with a grandfather clause; Option B
determines that pit bull dogs are dangerous with stringent ownership requirements; and Option C
determines that pit bull dogs are potentially dangerous with moderate ownership requirements.
A discussion followed between Commissioner Marrs, Mr. Kissinger, and City Attorney
Greg Bengtson regarding licensing of pit bulls and penalties for unlicensed pit bulls.
Commissioner Divine commented on the definition of dangerous and read from the
American Veterinary Medical Association stating there is no method for identifying pit bulls and
would make breed specific regulations enforcement difficult.
A discussion followed between the City Commission and Mr. Kissinger pertaining to the
shelter staffing and resource needs, licensing categorizing, pet owner responsibilities, and
>n for pet owners.
Commissioner Jilka commented that the proposed system should be tried and would support
«A„
Bob Pickerell, 360 S. Morris Drive, commented on his support of pit bull regulations, but not
banning of pit bulls. Mr. Pickerell also commented on owner responsibilities, owner education needs,
harsher penalties. He also suggested changing the color of the collar from orange to another color.
Mr. Pickerell then responded to Mayor Shadwick and Commissioners Marrs and Divine,
clarifying that he suggested a combination of Option A and B, penning of the dogs, and humane treatment
of the dogs.
Theresa Royal, 314 N. Kansas Avenue, commented that show dogs are not able to be spayed
neutered. She also commented on her opposition of the muzzle requirement and concrete paving of
e pen. She was in favor of concrete around the fencing. Ms. Royal responded to Commissioner Marrs'
iestions on how many years she has owned her pit bulls and licensing of the animals.
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04-6443
04-6444
04-6445
04-6446
Sondra Lee, Salina, commented on a recent attack by a loose dog that was in the back of a pick
She commented that owners should be held liable and impose harsher penalties and jail time.
Merlin Stephens, 340 Maple Avenue, commented on his opposition of the breed -specific ban.
Stephens also questioned if the dog owners were homeowners or renters and suggested that a list be
of City Commission and city staff showing the types of dogs they own.
Commissioner Marrs commented on public safety and dog owner responsibilities.
ssioner Marrs also commented on his concerns of humane treatment of the animals; and favoring
A of the proposed ordinances.
Commissioner Webb commented that he did not want to penalize current responsible dog
but that there is a need to control the pit bull population. He felt that Option A would not
current owners, but was concerned with the muzzle element of the ordinance. Commissioner
ebb also expressed the need for an age limit on handling of dogs.
Commissioner Divine expressed her opposition on all of the options, feeling that the
would not address the need. Commissioner Divine commented on the need to hold pet owners
for their pets.
Mayor Shadwick commented on his support of Option A, past Supreme Court rulings, and
safety.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to introduce Option A
with the elimination of the muzzle requirement and changing of the color of the collar on first reading
(Ordinance No. 04-10210). Aye: (4). Nay: (1) Divine. Motion carried.
(8.5) Second reading of cost recovery ordinances relating to water, sanitary sewer, street, and
drainage improvements in the Yost Addition.
(8.5a) Second reading Ordinance No. 02-10118 (water).
(8.5b) Second reading Ordinance No. 02-10119 (sanitary sewer).
(8.5c) Second reading Ordinance No. 02-10120 (street & drainage).
Brad Johnson, City Engineer, explained the project and cost recovery ordinances. Mr.
Johnson then responded to Commissioner Divine's question on the exclusion of the cost of sanitary
sewer on Tract 4.
Moved by Commissioner Webb, seconded by Commissioner Jilka, to adopt Ordinance No.
02-10118 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb,
Shadwick. Nay: (0). Motion carried.
Moved by Commissioner Marrs, seconded by Commissioner Webb, to adopt Ordinance
No. 02-10119 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb,
Shadwick. Nay: (0). Motion carried.
Moved by Commissioner Jilka, seconded by Commissioner Webb, to adopt Ordinance No.
02-10120 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb,
Shadwick. Nay: (0). Motion carried.
(8.6) Award of contract for the 2004 Subdivision Improvements, Yost Addition and River
Meadows Addition (Holly Lane Phase I), Project No. 03-1423.
Brad Johnson, City Engineer, explained the project, bids received and project financing.
Moved by Commissioner Divine, seconded by Commissioner Webb, to award the contract
for the 2004 Subdivision Improvements, Yost Addition and River Meadows Addition, Project No. 03-
1423 to APAC-Kansas, Inc., Shears Division in the amount of $910,092.10. Aye: (5). Nay: (0).
Motion carried.
(8.7) Resolution No. 04-6085 initiating proceedings for the construction of sewer, street and
storm drainage improvements in the Yost Addition.
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Rodney Franz, Director of Finance and Administration, explained the project financing.
Moved by Commissioner Webb, seconded by Commissioner Jilka, to adopt Resolution No.
04-6085. Aye: (5). Nay: (0). Motion carried.
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Webb, seconded by Commissioner Divine, 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.
[SEAL]
ATTEST:
Lieu Ann Elsey, City Cler
IL44L
Monte Shadwick, Mayor
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