11-18-1996 MinutesAction
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
NOVEMBER 18, 1996
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, November 18, 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.
The
Regular Meeting of
the Board of
Commissioners was called to
order at 4:01
p.m. The Pledge of
Allegiance was
recited followed by a moment
of silence.
A roll call was taken. All
were present.
CITIZEN FORUM
Don
Darling, 1036 Scott,
referred to a
letter he passed out to the
Commissioners
and staff regarding
flood issues.
He also spoke regarding the
flow of water
from last Saturday's 3
inch rain.
AWARDS - PROCLAMATIONS
(4.1) The Week of November 17th through 23rd, 1996 as "AMERICAN
EDUCATION WEEK" in the City of Salina. The proclamation was read by Reggie
Benoit, a sixth grade student at Barlett, and Lindsey Harkhill, a fifth grade
student at Whittier, who were introduced by Stan Standridge, NEA -Salina
President.
(4.2) The Mayor announced Cable Access Television programs for the
evening and noted when they would be repeated.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Continuation of report and public hearing on Petition Number 4127,
requesting the vacation of part of the existing street right-of-way on Graves
Boulevard.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained that the hearing had to be continued from October 28, 1996. Due to
schedule conflicts he recommended continuing the hearing until December 2,
1996.
Moved by Commissioner Divine, seconded by Commissioner Seaton, to
continue the the public hearing on Petition Number 4127 to December 2, 1996.
Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of the regular meeting of November 4, 1996.
(6.2) Approval of the Memorial Hall Parking Lot Improvements, Project
Number 96-990, and authorization to set the bid date.
(6.3) Approval of the Water Distribution System Improvements, Project
Number 96-982, and authorization to set the bid date.
Action
(6.4) Approval of the State Street Bridge Replacement, Project Number
96-989, and authorization to set the bid date.
Moved by Commissioner Perney, seconded by Commissioner Brungardt,
to approve all items on the consent agenda with the correction of a misspelling.
Questions were asked of staff regarding items 6.3 and 6.4.
96-808 The Mayor then called for a vote to the motion to approve the consent
agenda. Aye: (5) . Nay: (0) . Motion carried.
DEVELOPMENT BUSINESS
(7.1) Consider Application Number HC96-1, filed by Donnie D. Marrs,
requesting local landmark designation for the former Marymount College
Administration Building, located at 2035 E. Iron Ave.
(7.1a) First reading Ordinance Number 96-9772.
Roy Dudark, Director of Planning and Community Development,
explained the application noting the Heritage Commission recommendation and
clarifying that the local landmark designation does not change the zoning or
uses and it would not apply to the interior of the structure. When asked, he
advised Commissioner Divine that this designation covers the grounds as
indicated in item 2 of the Blue Sheet as well as the building.
96-809 Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to approve the first reading of Ordinance Number 96-9772. Aye:
(5) . Nay: (0) . Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance Number 96-9767 pertaining to the
consumption of alcoholic liquor in certain public buildings.
Judy Long explained the previous presentation of this ordinance and
noted that no comments have been received.
The Mayor stated that this ordinance has to do with the consumption
of alcohol and called for public comment. There being none, she asked for
further question or comment from the Commission.
96-810 Moved by Commissioner Seaton, seconded by Commissioner Perney,
approval on second reading of Ordinance Number 96-9767. A roll call vote was
taken. Aye: (5) Brungardt, Divine, Perney, Seaton, Maxwell. Nay: (0) .
Motion carried.
(8.2) Resolution Number 96-5085 authorizing the Mayor to sign an agreement
with DMA Architects, P.A. for the design of certain improvements to the
Smoky Hill Museum.
Don Hoff, Director of Engineering and Utilities, explained the
agreement and answered Commission questions concerning heating, cooling, and
humidity control.
Dennis Kissinger explained the attempt to accomplish the highest goals
and allow budget flexibility. He further clarified staff's approach and assured
the Commission of the City's resources and reserves. He again stated this
gives the maximum flexibility to the Commission.
96-811 Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to adopt Resolution Number 96-5085 and enter into an agreement
with DMA Architects for an amount not to exceed $92,000. Aye: (5) . Nay:
(0) . Motion carried.
(8.3) Award of contract for Water Distribution Improvements, Project
Number 96-978.
Don Hoff, Director of Engineering and Utilities, explained the project
and the bids received November 12, 1996.
96-812 Moved by Commissioner Perney, seconded by Commissioner Divine,
that the contract for Water Distribution Improvements, Project Number 96-978,
be awarded to Stevens Contractors in the amount of $118,400. Aye: (5) .
Nay: (0) . Motion carried.
Action
96-813
(8.4) Award of bids for five police package vehicles.
Jim Hill explained the bids received and the recommendation to
purchase locally due to the proximity and experience with this type of
purchase.
Moved by Commissioner Divine, seconded by Commissioner Seaton, to
award the bid in an amount not to exceed $91,865 to Long McArthur Ford for
the purchase of five police package vehicles. Aye: (5) . Nay: (0) . Motion
carried.
(8.5) Discussion of possible changes to the annual Mayor's Christmas Party.
Dennis Kissinger explained the activities normally held at the annual
event called "The Mayor's Christmas Party." He made the correction that the
event is at the Bicenter instead of the Friendship Center. He went on to
explain the Mayor's concerns regarding the use of the word "Christmas" to
describe this event. He explained the Commission's options to change the title
of the event or to possibly change the activities of the event. In closing he
stated that staff needs a directive to Parks and Recreation.
The Mayor asked for the original intent of this activity.
Steve Snyder, Director of Parks and Recreation, explained that the
event has had this title since approximately 1981. Before that time it had
various names.
The Mayor stated her support of the event.
Commissioner Brungardt asked if there was a legal opinion if the city
was in violation of the separation of church and state.
Greg Bengtson noted that it did not meet the tests which would put it
in violation.
Herman Weisner asked Mr. Bengtson if there was any violation of
Church and State in using public monies to sponsor this event using
"Christmas" in the title.
Mr. Bengtson answered that he did not interpret this to be a
violation.
Mr. Weisner went on to read a letter he had presented to the
Commissioners. He asked that the name of "Christmas" remain.
Sam Corey, 1008 Funston, stated he has played Santa Claus for over
20 years. He suggested that other religions be incorporated and to that to
rename Christmas would be like calling "Thanksgiving" "National Food Day."
John Curtis, 333 North 11th Street, felt we have slipped away from
our religious background by eliminating God and Christ out of everything. He
feels everyone goes to the Christmas Party.
The Mayor spoke regarding freedom of religion.
Jeannette Curtis, 333 North lith Street, noted that if the title is not
going to be "Christmas" then it should be renamed and scheduled for another
time and leave this event titled as "Christmas."
The Mayor spoke in support of upholding traditions and asked if this
event were designed today if it would be the same.
Amanda Dearing, 916 Manchester, agreed with everyone who had
spoken. She noted the Jaycees are still sponsoring a "Christmas Fantasy"
every year for children and she will participate unless they take out the name
"Christmas. "
Loretta Bell, 1305 East Magnolia, spoke in support of what everyone
else had said. She felt this is a tradition, that no one has to be forced to
attend, and that it should be left as it is.
Rhonda Stenner, 146 South Ninth Street, feels that as a nation and
community we should "come together" and that it will be a disappointment to
children to take out "Christmas" from the party.
Action
96-814
E
The Mayor noted that the City provides Santa Claus at the party .
Ken Robison, 325 Sunset, Chairman of the Parks and Recreation
Advisory Board, spoke as a citizen to say he has attended the "Mayor's
Christmas Party", confirmed it is a non -secular activity that occurs during the
"Christmas Season" which children enjoy and asserted it should continue to be
called the "Mayor's Christmas Party." He did not see any problem with church
and state issues nor did he find any validity with the issues raised by the
Mayor. He felt it awkward to even address this issue and asked what message
was being sent. He noted that we are still under majority rule and clarified
that laws eliminate rights they do not provide them.
The Mayor stated that it sounded like there is no concern.
Commissioner Divine suggested that the Commission take no action,
noting that this is a public relations activity and simply shows that the City
as a whole supports the holiday spirit.
The Mayor stated that those who had not had a chance to speak may
do so.
Commissioner Seaton noted that she felt there was no Commission
support to change the title and supported Commissioner Divine in not taking
any action on this issue.
The Mayor stated her intention to hear from everyone who had come
to speak to this issue and asked the Commission's patience.
Sam Corey spoke again suggesting the possibility of getting together
a group of religious leaders, headed by which ever Commissioner had the
problem with the issue, to discuss and resolve the matter.
Rhonda Stenner asked the Commission, "Why not let it be called,
"Salina Christmas?"
Commissioner Brungardt informed the Mayor that there is no action,
will not be any action, and asked that she address the issue personally.
No action was taken.
OTHER BUSINESS
(9.1) Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, that the City Commission recess into executive session for the purpose
of discussing with the City Attorney a matter subject to the attorney-client
privilege for the reason that public discussion would waive the attorney-client
privilege and would adversely affect the City's position in the matter; and
that the Commission reconvene in this room in fifteen minutes or at 5:39 p.m.
Aye: (5) . Nay: (0) . Motion carried.
The Board of Commissioners recessed at 5:24 and reconvened at 5:39
p.m. No action was taken.
ADJOURNMENT
Moved by Commissioner Brungardt, 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 5:40 p.m.
[SEAL]
ATTEST:
- 1 Lo
Ju D. Vong, CMC, y Clerk
istin M. Sea on, Vice -Mayor