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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