July16, 2002

The Board of Commissioners of the City of Lawrence met in regular session at 6:35 p.m., in the City Commission Chambers in City Hall with Mayor Hack presiding and Commissioners Dunfield, Rundle, Henry, and Kennedy present.   

Mayor Hack recognized Walker Douglas for being selected to participate in the 29^th Annual Kansas Shrine Bowl game. 

Mayor Hack recognized the Lawrence Alliance for its work in the City of Lawrence.

Mayor Hack proclaimed Tuesday, July 16, 2002, to be “National Therapeutic Recreation Day.”

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approve the City Commission meeting minutes of July 9, 2002.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approve the Draft Planning Commission meeting minutes of June 26, 2002; the Traffic Safety Commission meeting minutes of July 1, 2002; the Board of Plumbing and Pipe Fitters meeting minutes of February 20, 2002; and, the Sister Cities Advisory Board meeting minutes of June 12, 2002.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approve claims to 393 vendors in the amount of $2,613,235.99 and payroll from June 30, 2002 to July 13, 2002, in the amount of $1,357,570.63.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to concur with the recommendation of the Mayor and appoint Willie Amison to the Lawrence/Douglas County Housing Authority for a four year term which will expire on June 30, 2006; and, the appointments of  Norma Harrod, Dick & Madge Fraley; Tony Johnson, Jerry Niebaum, Lynne Renick, Marsha Goff, and, Evelyn Senecal to the Lawrence Sesquicentennial Commission.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approve the Drinking Establishment Licenses for Cross-Town Tavern, 1910 Haskell, Suite 6; Eldridge Hotel, 701 Massachusetts; Shenago Lounge, 2907 West 6^th Street (Contingent Upon State License); 8^th Street Tap Room, 801 New Hampshire; and, La Parilla, 814 Massachusetts (Contingent Upon State License & 55% Food Sale Requirement).  Motion carried unanimously.

            As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to set a bid date of July 30, 2002, 2:00 p.m., for the 2002 Overlay and Curb Repair Program, Phase 3.  Motion carried unanimously.                                                                                                           (1)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to place on first reading Ordinance No. 7548, rezoning (Z-02-07-02) approximately 2.02 acres from RS-1 (Single Family Residence District) to RS-2 (Single Family Residence District).  The property is located at 1829 Riverridge Road.  Motion carried unanimously.                                 (2)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to place on first reading Ordinance No. 7549 rezoning (Z-04-11-02) approximately 35.825 acres from A (Agricultural District) and A-1 (Suburban Home Residential District) to RS-E Single Family Residence Estate District).  The property is north of Clinton Parkway and south and west of Lake Alvamar, formerly known as Yankee Tank Lake.  Motion carried unanimously.                            (3)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to place on first reading Ordinance No. 7550, annexing (A-04-05-02) approximately 30.256 acres, generally located north of Clinton Parkway and south and west of Lake Alvamar.  Motion carried unanimously.                                                                                                                                    (4)

Ordinance No. 7537, rezoning (Z-02-06-02) 23.2827 acres from A-1 (Suburban Home Residential District) to PRD-1 (Planned Residential District), north of Clinton Parkway and west of Lake Alvamar was read a second time.  As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                            (5)

Ordinance No. 7541, annexing (A-02-01-02) property north of Clinton Parkway and west of Lake Alvamar was read a second time.  As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                  (6)

Ordinance No. 7543, amending the City Sign Code to remove the durational limit on political signs was read a second time.  As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                              (7)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt Resolution No. 6398, authorizing the Mayor to execute Agreement No. 57-02 with the Kansas Department of Transportation for 23^rd (K-10) and East Hills Drive Geometric Improvements.  This project is funded eighty percent by the State with the City funding the remaining twenty percent.  This project is scheduled for bid in September 2002.  Motion carried unanimously.                                                                                                                                         (8)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt Resolution No. 6400, annexing (A-04-06-02) approximately 14,41 acres of land north of North 1700 Road between East 1000 Road (Queens Road) and East 1100 Road (Folks Road).  Motion carried unanimously.                                                                                                          (9)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt Resolution No. 6401, annexing (A-04-07-02) 40 acres of land approximately 1/8 mile west of the intersection of East 1100 Road (Folks Road and Peterson Road).  Motion carried unanimously.                                                                                                                                       (10)

After noting a correction to the Planning Staff’s recommendation of the site plan, noting reflecting that the tower location is permanent and not temporary, and as part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approve the site plan (SP-06-40-02) for a 99’ Telecommunications Tower, located at 1112 West 6^th, subject to the following conditions:

1.                  Execution of a Site Plan Performance Agreement; and,

2.                  Provision of a photometric plan for any ground mounted lighting per staff approval.

 

Motion carried unanimously.                                                                                                         (11)

 

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-05-13-02) of approximately 9.69 acres from RM-1 (Multiple Family Residence District) to RS-2 (Single Family Residence District); and, direct staff to prepare the appropriate ordinance.  The property is generally described as being in the Westgate Subdivision, Lots 1-9, Block 1; Lots 1, 3-5, Block 2; Lots 2-10, Block 3; Lots 1-8, Block 4.  Lot 1, Block 3, and Lot 2, Block 2 are excluded from this request.  Motion carried unanimously.           (12)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to concur with the Planning Commission recommendations to adopt the findings of fact and approve the UPR (UPR-05-02-02) for the Kaw Water Treatment Lime Residuals Processing Facilities, to eliminate lime residual discharge to the Kansas River through transport for treatment at the Wastewater Treatment Plant, subject to the following conditions:

1.                  Provision of a revised site plan to show and note the existing Qwest Fiber Optics Line; and,

2.                  Provision of a revised site plan to amend the line location within Burcham Park closer to the Qwest Fiber Optics Line, per Staff approval.

 

Motion carried unanimously.                                                                                                         (13)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to authorize the Mayor to execute a Supplemental Agreement to Agreement No. 240-01, with the Kansas Department of Transportation for Project No. 53-G12-901(S) 6^th & Kasold Geometric and Traffic Signal Improvements.  This project is funded ninety percent by the State with the City funding the remaining ten percent.  This project is scheduled for bid in January 2003.  Motion carried unanimously.                                                                                                                           (14)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to authorize submission of a replat of city property at 242 Michigan Street.  Motion carried unanimously.                                                                                                                                 (15)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to concur with the Traffic Safety Commission’s recommendation to establish “no parking” along the west side of Barker Avenue between Pawnee Avenue and Winona Avenue.  Motion carried unanimously.                                                                                                                                          (16)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to concur with the Traffic Safety Commission’s recommendation to table the review of the City Truck Delivery Routes and to solicit comments from the Neighborhood Association; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                    (17)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to receive FY2002 Triennial Review for the City of Lawrence Transit System.  Motion carried unanimously.                                                                                                                                 (18)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to authorize the Mayor to sign a Subordination Agreement for Lawrence Women’s Transitional Care Services, Inc.  Motion carried unanimously.                                                                                 (19)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to receive the staff report on the status of 1307 Brook.  Motion carried unanimously.               (20)

During the City Manager’s report Mike Wildgen reported that 15^th and Wakarusa is now opened in both directions.  He said the temporary signage is gone and the alternative routes are in place. 

He also indicated his written report had information concerning the guest tax reserve fund and the City Commission’s agenda for the goal setting session scheduled for Friday and Saturday.   

Judy Billings, Director, Lawrence Convention and Visitors Bureau, presented a request from the bureau for Visit 2020 Reserve Funds for the purpose of managing the Visitor’s Center.  She explained to the public that the Visit 2020 Reserve Funds is funded through a percentage of the projected bed tax which is collected throughout the year and applied to that fund. 

She said their request was for the use of $43,900.  The majority of the money would be used for staffing the Visitor Center.  She presented the City Commission with some information to clarify a mistake in a Journal World article last week.  The article stated that the Visitor Bureau’s staff served 692 people at the center in 2001.  She said she could understand why that mistake was made.  That figure reflects the number of people who came into that building and asked staff about rental of that facility which she referred them to Parks & Recreation.   She said 13,143 visitors signed the register in the year 2001 which was up 5 percent from the year 2000.  The total amount of visitors, who have signed the register this year, to date, was approximately 6,000 visitors. 

Billings said CVB estimated 900,000 visitors came to our Lawrence community in the year 2001.  She said the center did not get that many visitors, but are currently working on this issue.  She said by encouraging visitors to come to the center the staff provides them with information and encourages them to spend more money in the community.  She said the visitor’s center in the Depot Building is a wonderful partnership and appreciated the use of that building for that purpose.  She said she wanted to point out there is a benefit to the City in terms of having staff at that location. 

Mayor Hack said she appreciated Billings’ clarification concerning the number of people that had visited the Convention and Visitors Bureau.         

Mayor Hack called for public comment on the Visit 2020 Reserve Funds.

After receiving no public comment, Commissioner Rundle said these funds are generated from the guest tax and they are specified for a narrow range of uses.  Tourism generates sales tax and sales taxes are a large part of the City’s budget.  He said this was a proper use of these funds.

Commissioner Kennedy said the visitor’s center was a great facility and needs to be managed properly.  If the center needs the funds to assist with programs with the positive impact it has with our community, he believed it was a justifiable expense.

Commissioner Henry concurred.     

Vice Mayor Dunfield said obviously the hotel occupancy rates are determined by a lot of different factors.  He said the City was in a low cycle at this time and thought that allowing the funding for the Visitors Bureau would bridge it over.

Mayor Hack said she and her fellow Commissioners appreciated the work Billings has done for the Lawrence Community. 

            Moved by Rundle, seconded by Dunfield, to approve the request from the Convention and Visitor's Bureau for Visit 2020 Reserve Funds in the amount of $43,900. Motion carried unanimously.                                                                                                                                (21)

C.L. Maurer, Landplan Engineer, presented cost estimates and findings for a proposed T-Hangar Project at the Lawrence Municipal Airport.   He said currently there was 1 building that housed 10 hangars.  Landplan was selected to provide engineering services to construct 2 additional buildings housing 10 hangars in each and plan a public road and parking to get to these hangars.  He presented a map of the public road and taxiway at the airport.  He said this was reviewed to make sure there was enough width between the T-hangars.  He said the taxiway was 8-inch asphalt.  Fire Protection was a waterline loop around the structure with two fire hydrants on the south end with adequate water pressure.

Maurer said there is existing underground electric to the pumps and was connecting to that electric line for power to the T-hangars. 

Commissioner Kennedy asked if there is underground access to get to this new detention pond where it will be drained to address stormwater issues.

Maurer said the west side was flat and they were providing a ditch at that location to allow stormwater to flow into the detention pond.  The stormwater will be held at the pond and goes all the way down the airport road and will release into the wetlands. 

Mayor Hack asked what the T-hangars would look like.

Alan Belot, Engineer, said the architectural side of this project was in its infancy.  The civil engineering work had data and plans and this was just an extension.  He said all he had done to this point is to contact T-hangar companies and metal building manufacturers that provide T-hangars and generically ask them pricing of 10 or 20 unit hangars in Lawrence, Kansas.  He said there were a number of metal building manufacturers that say they provide T-hangars, but there were specialized T-hangar manufacturers that provided accurate and quick information.  He said these T-hangars were not a challenging architectural project.

Rick Bryant, Aviation Advisory Board, said he wanted to ask Landplan a few questions concerning stormwater management issues.  He asked if the slough on the west side of the existing hangars could go underneath the taxiway and tie into the drainage slough that is around the north side of the apron and then exit out north and east as opposed to cutting through property.  He said he was curious about the size of the detention pond on their plans because it measured 200 feet long by 100 feet.

Maurer said it was the same as shown on the stormwater study that was approved.  He said they could investigate whether to change it because this was just for cost purposes.

Bryant said one of the concerns airports face is standing water left after a rainy season and how quickly the water left the area.  This could attract other problems such as attracting birds.  He also mentioned that the detention pond also took away a small footprint of property that could be developed.  He asked that this matter be addressed and redesign for Phase 2 of this project.  Landplan’s numbers are fairly accurate based upon his research on T-hangar construction.

Commissioner Rundle asked if this was part of the City’s Stormwater Master Plan for the airport and also asked if Chad Voigt, Storm Water Engineer was involved.

Mike Wildgen, City Manager, said he was involved with the platting process.  Wildgen pointed out that this was “detention” not “retention” so it was meant to drain and not be permanent standing water.

Commissioner Rundle asked Chuck Soules, Public Works Director, if utilizing the Public Works Department could cut the cost for this project.

Soules said this project was quite large for the Public Works crews.  He said they could potentially do some of the concrete apron work, but they could not lay all that asphalt or erect those buildings.  He said crews could do some grading and detention work, but it would take much longer because his staff did not have the equipment and still had to address all the in town issues. 

Commissioner Kennedy asked if the interior slabs and aprons for the T-hangars were concrete.      

Belot said “yes”, but that was an option.  He said it’s not necessary to have a concrete slab inside the hangar, it could be compacted gravel.  He reiterated that this project, from an architectural point of view, was in its infancy.  He said he has taken what the Airport Advisory Board suggested and discussed those specifications with various manufacturers.  The prices were for complete concrete slabs within the hangars.  This is something that needs to be discussed in the design selection process.

Commissioner Rundle asked if the engineering could be done in house.

Soules said anything could be done if the Commission directs staff to do so.  The buildings Belot discussed were pre-engineered buildings.  He said basically it was the site layout and drainage.  He said again, this was a timing issue.   

Mayor Hack said the Public Works Department already had several things put on their plate.

Soules said it was better to keep busy.  He said staff could work with Debbie Van Saun, Assistant City Manager, and Landplan to take a look at what could be done in house.

Commissioner Henry said he would like to see if staff could cut cost, whether it was fence or topsoil removal.

Soules said staff might be able to do some of the storm sewer work.

Commissioner Rundle asked if Part 2 of the project was the actual construction.

Wildgen said Part 2 was the actual design.

Commissioner Rundle asked if the Commission was considering the issue of how much of the cost to assess to rent the hangars tonight.

Wildgen said staff would like some direction on that issue.  Some of the work the Airport Advisory Board did used approximately $625,000, so the actual cost was what the top dollar estimates were.  He said Ed Mullins, Finance Director, had worked with the Airport Advisory Board on some possible per monthly cost for renting the hangars.  Wildgen said the final design would determine the rent.

Commissioner Kennedy asked shouldn’t we go ahead and do the final design, vote on going ahead to continue to get to that final design, bid the project, and come up with a final number and then determine what the rental rates would be.   

Wildgen said you could do that and you could also ask the Airport Advisory Board to start marketing some of these.  Ultimately, some of the costs that are not covered in the unit price such as insurance, electricity, and property tax would determine how much the City-at-Large is going to be covering. 

Commissioner Rundle said a feasible rate for these hangars needed to be considered.  Some of these improvements are of a broader benefit than just to the T-hangars and in his mind he hopes to see the airport develop.  He asked if staff has considered benefit districts to spread some of these benefits to future development.  He said the people who are leasing hangars, perhaps have a clause that improvements can be included into their leases as they’re renegotiated.

Wildgen said some of those hangars are long-term leases so the opportunity to do this in the next 6 months is not something that could be done.       

Mayor Hack said the balance that needed to be looked at was that the rent covers the cost as much as possible, but the fact is if they were too high, we would not have to worry because there would not be anyone in them.  This is something that could be a two-pronged approach, where the Commission considers approving Part 2 of the project and move on the next phase and ask at that time for City staff with the help of the Aviation Advisory Board to market the T-hangars at an agreed upon rate.

Commissioner Rundle asked if the $625,000 was for the T-hangars and not the associated cost.

Wildgen said $625,000 was the number used in December to get the schedule.  He said it is closer to $600,000.

Commissioner Rundle said one of the rates suggested by the Advisory Board had at least some added cost.

Wildgen said the Engineering fees were included.

Vice Mayor Dunfield asked if the rate projections that were given of $205 a month and $190 a month were based strictly on the cost of the T-hangars and not the stormsewer improvements, taxiways and various other items.

Wildgen said yes.

Vice Mayor Dunfield also commented that not included in those rents were property tax and insurance.  He asked if in the comparative numbers that were given for other airports, were those items covered or excluded from those comparative prices.

Debbie Van Saun, Assistant City Manager, said most of them are going to include utilities and some insurance.

Vice Mayor Dunfield said as we move forward and develop a clearer picture of the cost, we would want to know this when comparing to make sure we have people to fill those hangars.  He said they needed to know how all those different items factor in.

Commissioner Henry said he was concerned about the rates people are willing to pay for hangar rentals in other areas and wanted a clearer picture of what those rates would cover.  He said it was not a case of building it and they will come, because if you price yourself out, they won’t come.

Mayor Hack said the City Commission’s action is to authorize staff to negotiate a contract with Landplan Engineering for Part 2 and maybe as a part of the contract, as for some fee marketing.

Commissioner Rundle said the cost estimates were accurate enough and certainly encouraged staff to work where ever possible to cut the cost of this project.

Commissioner Kennedy said once they get to the bidding process, the Commission would see that there is a market out there.   

Moved by Kennedy, seconded by Rundle, to authorize staff to negotiate a contract with Landplan Engineering for Part 2 of the T-Hangar Project at Lawrence Municipal Airport.  Motion carried unanimously.                                                                                                                     (22)

The next regular agenda item concerned public comment on fireworks.  Mayor Hack asked for a show of hands of people who were planning to speak on this issue.  In preparation, the Commission will take a 10-minute break in order for people to sign in.  She said it was appropriate since there were numerous people signing in to talk about this issue, to limit conversation to 3 minutes.  She asked the public for non-repetitive comments and to speak on this issue in a respectful and civilized manner because it is a critical issue.  She said it is important to respect each other’s opinion.

The City Commission recessed at 7:20 for 10 minutes.

Patricia Sinclair, Lawrence, read the following statement “Tonight I speak in favor of a full ban of all fireworks in Lawrence with the exception of professional displays.  I will touch on the dangers of the “lesser” fireworks, enforcement issues, and stormwater issues related to fireworks.

Many years ago when I was young, I enjoyed sparklers and works and firecrackers.  Today we know that even these items are very dangerous.  Back the, we even thought cigarettes were safe.  Sparklers account for many eye injuries and burns, most often in children, since they get hot enough to melt gold.  Firecrackers are little sticks of dynamite capable of injury, starting fires, and disturbing the peace.  Sparklers are responsible for an apartment fire started by children this year.

Of course fireworks ban can work.  But it will need the full cooperation of the Lawrence Police Department.  It will also need close coordination between City Hall and the Police Department as well as a clearly defined enforcement policy that is stated in advance and carried out.  This year I asked for such a policy in writing, but did not get it.

The only way to eliminate the noise, danger, and pollution of fireworks is to ban them completely.  This will make enforcement easier.  Restrictions have not worked in the past.  There is no reason to think that further restrictions will work.

I contacted the Lawrence Police Department and the Municipal Court to determine how many citations had been made for fireworks violations this year.  The Police Department statistics department had no calls for service for fireworks violations July 1 through 4 and12 calls for service for noise violations.  According to my source, apparently there were no citations given out.  There was only one police report written up and received by this source as of today.  Not surprisingly, that report was written at my request.

Municipal Court receives citations from the police department.  They reported to me form July 1 – 5 no citations for fireworks and one noise violation, disturbing the peace, that at this time was not clearly linked to fireworks.

Clearly enforcing restricted fireworks are throughout the city is too large a job. However, I found these statistics to be disappointing and not reflective of the violations that others and I observed.

As a small example, I’ve brought along these sticks which are the remains of bottle rockets, according to our Fire Department.  Bottle rockets are illegal throughout the Sate of Kansas.  Also, a mobile device that was lodged in the tree in front of my house.

In September 2001 Ordinance 7373 went into effect in the city of Lawrence.  This ordinance pertains to stormwater pollution prevention.  With very few minor exceptions, it outlaws the discharge of anything but uncontaminated stormwater into our storm drainage system which flows directly into the Kaw River.

According to our Stormwater Engineer Chad Voigt, who is responsible for administering this ordinance, our current fireworks ordinance is not in compliance with our new stormwater ordinance.  He also stated his opinion that even an ordinance which further restricted the public use of fireworks would not conform to the terms of the stormwater ordinance.  Any fireworks debris or residue which washes into the storm drainage system, whether it is in the street, in a yard, on the roofs, or elsewhere is an illegal contaminant.  It is my understanding that this ordinance was put into place so that the city can in the future be in compliance with the terms of the Clean Water Act which is administered by the EPA for the federal government.”

Scott Morgan, Lawrence, said he was there to speak because of his family’s strong tradition of fireworks.  He said in the interest of time he tried to e-mail several Commissioners and staff members to provide what he views as a compromise that might allow us as a community to continue to celebrate it in some fashion while recognizing those who have legitimate problems with fireworks.    He suggested a compromise of limiting the number of days with which we are allowed to light off firecrackers and to limit the types of firecrackers.  He also suggested working with the County and the vendors to find common ground so that those who appreciate fireworks can continue to celebrate while again, respecting those who have problems.  He said ultimately the Commission needed to do what was best for the community and he respected that.  He appreciated the fact that the Commission was willing to step up to consider this issue.  This is clearly an area of concern of this community and he said he may not agree with what the Commission decides, but he respected the fact that the Commission has taken this issue on.  He said it was almost awkward to say, but it was a defense of liberty.  He said “awkward” because it is almost old fashion and sounded ultrapatriotic or nationalistic and it as sort of sad when you think about what liberty actually means.  He said he thought it was relevant in this context because we hear talk of how government needs to take the privilege of fireworks away.   Ultimately, of course it is a privilege, but then we have liberty in this country to live our lives the way we would want to live.  Liberty is clearly two sided, there is “liberty to do things” and “liberty from things.”  The people who are against fireworks had the absolute right for “liberty from things” just as he has “liberty to things.”  The beauty of the community as that you find compromise and that is what he was urging the City Commission to do.  It is very easy to say “no” to something, but that is not right.  Liberty goes away pebble by pebble.  He urged the City Commission to find common ground. 

Larry Bartz, Lawrence, presented the City Commission information concerning statistics from the Association of Pyrotechnics that gives facts and figures on injuries, what causes injuries and other statistics.  Bartz presented to Mayor Hack a petition of 4,234 signatures in favor of fireworks and a separate petition for the children.  He said this is a family event.  He said he sold fireworks and his family got into the fireworks business by helping with fireworks stands and now they have an actual business.  One of the issues in the forefront was there were already ordinances concerning shooting fireworks in public places and the hours allowed for shooting fireworks.  If we cannot enforce what is already on the books, he did not see anyway the City could enforce the fireworks issue if they ban them completely.  He said the debris that was left at Prairie Park, he agreed should not have been left there.  It was against the law for them to shoot off fireworks at that location to begin with and people shouldn’t have left the debris. 

Eric Garrett, Eudora, said he was representing a fireworks operation.  They also circulated a petition and talked to several people who were concerned about banning fireworks.  He said he would hate to see that right taken away.  There are just a few radicals in the City who want to take our rights away.

Jeremy Long, Lawrence, said he owned and operated a fireworks stand outside the City limits.  He said he was almost positive that the Lawrence economy would suffer if the City Commission bans fireworks.  Firework stands employ numerous amounts of people over the week of the 4^th of July.  Some of these jobs are filled by teenagers, approximately 100, with this possibly being there only summer job.  The right to discharge fireworks draws many people to Lawrence and in turn provides other businesses with customers such as grocery stores, restaurants and department stores.  He said a ban of fireworks would hurt him financially since he was using the income from his fireworks stand to fund his college education.  He said as a vendor he is willing to do his fair part so that we could continue to shoot fireworks in the City of Lawrence.

Mel Wedermyer, Lawrence, thanked the City Commission for the opportunity to speak on this proposed fireworks ban.  He said he did not envy their position, but he hoped the Commission would listen to everyone before a decision was made.  He also requested to not implement a total ban, but maybe work with a compromise to one day.  He said he has a big fireworks display in his area and only shoot fireworks on the 4^th of July because it was a celebration.  He understood that other people weren’t obeying the law and like other people have said, tougher laws aren’t going to get you compliance, you need to enforce the laws you have.  He said he was a very patriotic person and has been that way most of his life.  He said he volunteered for service in the early 70’s at the end of the Vietnam War and also became a service connected disabled veteran.  He voted in every Federal elections since he was 18 year of age and 80% of all elections since that time.  He said he flew his flag a lot and not just after September 11, 2001.  He said he equate the fireworks he displays as a sign of his support and celebration of this great country.  On the cul-de-sac that he lives in, they have three parties of different individuals in different houses and had over a total of 40 people attending with the culmination of the fireworks displayed by these three parties.  He said they spent well over $1,000 and finished shooting off the fireworks at 10:40 p.m.  By 11:30, 95% of all debris in their area was cleaned up and the next morning, before work, people cleaned up the remainder and their area was 100% clean.  He said he did not think the City Commission should take away the liberties for the people who do abide the law when the City should be enforcing the laws.  He lived in many towns that had a total fireworks ban and there were still a lot of fireworks going on.  They didn’t enforce just like here.  A lot of the problems were pushed out into the country because where are people going to shoot them off.  They’re going to go off on some country road and maybe start a field on fire.  If the City does have a total fireworks ban, they have one area, the Jaycees, who have a big display.   He said there were already problems with this because people complained about the parking and trampling in their yard.  He said the City should have more than one display to spread it out.

Owen Lehman, Lawrence, said there was an all out fireworks ban in Salina and they do enforce it.  He said the amount of fireworks shot off in that town is much lower than what is shot off in Lawrence.  The amount of people in Salina on the 4^th of July was minimal.  He said in that town, 90% of the people his age buy a cooler full of beer and go out to the lake.  There are a lot of problems that go along with people traveling.  The reason why they have that fireworks ban is because of the wheat harvest and the dry harvest getting plowed over and that is why they enforce that ban.  He said having lived in a place that does not have fireworks and a place that does, he is much happier living in Lawrence because we break the mold.  He said he has read many articles in the paper about Ottawa’s ban on fireworks and how they thought it was nice.  He said he did not want to be compared with Ottawa.  We need to focus on how to fix this problem.  He said he would bend over backwards to help.  He said he read in the paper about a couple of kids starting an apartment fire and did $5,000 worth of damage with a firework.  To light a firework takes an open flame, those children had an open flame in that house, there’s a problem there.  An open flame in the house is a parental problem.  Through restrictions and parental restrictions and empowerment of police officers we can handle this issue quickly.  He suggested increasing fines for using bottle rockets. 

Ken Meyer, Lawrence, said he used fireworks for 10 years in his cul-de-sac and his neighbors use the 4^th as a community-building device.  He said they have 50 to 60 people who get together for a barbeque.  He said their community is a bedroom community where people leave at 7:00 a.m. and get home at 7:00 p.m.  He said if the City Commission was serious about banning fireworks, put it to a vote of the people.  If you pass an ordinance and a lot of people did not like it, they may end up like they did in Salina, and force a vote on it.  He said let the people decide what they want or don’t want it Lawrence.  If the Commission is going to use the logic they are currently using to justify a ban of fireworks then apply it fairly across the board and that includes the Jaycee’s display and other public safety issues here in town.

Mike Pisani, Lawrence, said he did not own a fireworks stand, never worked in one, but was against having an all out ban of fireworks in the City of Lawrence.  He said he has been around fireworks his entire life and lived in Lawrence his entire life.  He said he was at a party with a group of friends on the 4^th of July, approximately 40 people, and by 11:20 everything that had made it to the street was not only picked up, but also swept up.  No one was injured or upset and the entire neighborhood came up to enjoy the time with them.  He said he wanted to go on record as supporting fireworks in Lawrence and would hate to see anything happen to our rights and privileges.     

Ray Finch, Lawrence, asked the City Commission if his house burns because of some errant bottle rocket, could he hold the Commission responsible.  He said he wanted to remind the Commission that their first obligation is the safety of all the residents including the children.  He agreed that a ban won’t work, but it is a step in the right direction.  He said he knew the Commission had to balance between personal safety and freedom, but you never want to err against the side of safety.  You’ve heard from those who profit from the sales of fireworks.  They might not be so objective in their assessment as to what fireworks are all about.  He asked the Commission to do the courageous thing, the thing that takes a little bit of leadership, ban fireworks in Lawrence.

John Barber, President of the Kansas Fireworks Association, said he was asked to attend the City Commission meeting by the Bartz family.  He said he has been around fireworks for many years.   He said his company goes to China to import fireworks and sell all over the United States.  Because the Consumer Product Safety Commission has made fireworks a lot safer, more states are allowing fireworks such as Minnesota, Connecticut, Maryland.  New York is seriously looking at allowing fireworks.  He said he thought approximately 44 states allow fireworks.  The trend is for fireworks to become legal rather than more restrictive because they’re safer. 

Barber commented on the citizen who asked the Commission if they would be responsible for a bottle rocket landing on his roof and caught his house on fire.  He said if you ban the use of fireworks in the City, the chances of bottle rockets coming into the City are greatly increased.  He said they know that with their experience in dealing with this issue in many areas. Typically when fireworks are banned that opens the door for the illegal fireworks because people are still going to shoot fireworks.  He said bottle rockets are illegal in Kansas and thought they were not safe.  He said he agreed if someone brings bottle rockets into the City, they should be fined. 

William Dann, Lawrence, said most people here are opposed to disturbances of the peace.  He said a person in North Lawrence endured 7 days of excessive activity.  He said she called the police and got some response, but she was not the only one that had to do this.  Last July 4^th, in the response to the person who said fireworks were getting safer, there were 3 fires started by fireworks.  He said Scott Morgan suggested compromise was the way the City Commission should address this issue.  He said freedom ends where another persons freedom starts. 

Jim Pine, Lawrence, said he sold fireworks and his family has been involved in fireworks for 54 years.  He said he has seen children buy fireworks with their parents and the children say the 4^th of July is their favorite holiday even over Christmas time. 

He said fireworks safety has been improved, but have they made Christmas trees any safer and wrapping paper any safer for Christmas time?  More houses burn from faulty wiring on Christmas trees along with the gift-wrapping paper.  He said heaven forbid, lets not listen to anyone whine about how his or her house might burn down because of a Christmas tree.  He said lets let the children have a good time and be as safe as we can.

Sue Novak, Lawrence, said she did not have a lot to add to the discussion, but would like to point out that for 3 days every July, she has to fight with her dogs to get them out the door.  She said she has talked to people whose babies cry late into the night because they are afraid of the noise.  She said as a homeowner she is getting tired of this.  As much as bottle rockets are illegal she would like to invite all those people to come and clean the mess out of her yard every July 5.  On the other had, she said she could say that she enjoyed the 4^th of July as a kid too.  She said she likes an orderly display and didn’t think the City needed an individual set of fireworks going up in every single yard in Lawrence.  If we have to have fireworks, why can’t we compromise and cut it from 3 days to 1 day.                         

Mayor Hack said from a personal standpoint she would like to initiate some conversation with the County and have a tentative possibility of a study session which for August 21st.  This might give the Commission some time to look at the different options and consequences.

Commissioner Kennedy said he has lived in Lawrence for approximately 52 years.  He said fireworks displays have grown.  He said he has been to “the big dance” and did not need to have fireworks around anymore, but for the individuals that do, he said he saw a number of issues that the community needed to come together and address such as: Disrupting neighbors and friends; the huge aerial displays; and, abuse by specific individuals who shoot off fireworks longer than the ordinance allows.

He said he believed there should be some open communication with the County because that is where the sales occur.  With the sales occurring in the County he said he believed it was their obligation to get with the fireworks distributors and come to a consensus of how big is too big.  He said environmentally he thought it was abused in some neighborhoods also.  He said he wanted to see some communication with the fireworks distributors; find out what the County’s plan is to selling fireworks in the County for use in the City.  He said he did not believe an all out ban was a necessity at this time.  He said as already discussed, maybe we need to put this issue to a vote.        

Mayor Hack asked Larry Bartz what the timeline was for ordering fireworks for 2003.

Bartz said they start making preparations in January.  He said he has actually made commitments for next year on the land because they had to sign leases.

Jim Pine said as far as his fireworks, they will go to Kansas City next week and make their arrangements for next year’s order.  He said at that time, they needed to be somewhat committed shortly after January.

Mayor Hack asked Pine if they are making their financial commitments next week in terms of their order.

Pine said that was correct.

Commissioner Rundle asked Pine if they did not commit fully until January.

Pine said that was correct.

Mayor Hack said if there is money out of your pocket within the next month, the Commission needed to have that information.

Pine said there is really no money out of your pocket until just prior to delivery, but you need a fairly firm commitment.

Commissioner Rundle said he would like it to go on record that he was definitely in favor of considering a ban.  He said people are talking about a few bad eggs.  If you take one percent out of our population of approximately 90,000, you have 900 people spread out shooting bottle rockets or roman candles.  He said even when they had their annual 4^th of July display which went on for approximately 15 years, he said they were responsible, but one of their beautiful aerial fireworks fell off the curb and shot up right across the street to the neighbor’s house.  He said the City was playing with odds and in a large community it was only a matter of time before a freak incident will occur causing multiple fires.  He said he thought they were putting the community at risk and there was no way to have enough police or fire to make sure everyone is safe.  He said he did hear clearly the need for the community to come together to find ways to celebrate such as more than one public display or maybe having more than one day for a public display might be a possibility.  He said he did not feel that a person did not have to shoot them off personally to enjoy fireworks.  He said at one time, the City had Independence Day as a big community event and thought there were ways to join together.  He said obviously there is still a long discussion that needed to take place.

Commissioner Henry said in e-mails, phone calls, personal contacts and people who approached him on the street was probably 20 –1 in favor of a total ban of fireworks.  He said as he was quoted in the Journal World that he noted violations of the law.  He said he noticed 1 cul-de-sac that the residents had barricaded the street with barrels and were using the barrel to shoot large aerial mortars and the debris was showering down on rooftops.  He said the City was fortunate this 4^th of July because it rained that day and there was no wind that night.  He said he was afraid they were asking for trouble if they did not address this issue soon.  He said he wanted to know what the County’s thoughts were in regards to sales of fireworks.

Vice Mayor Dunfield said he grew up with fireworks and looked forward to the 4^th of July as much as any kid and had worked in a fireworks stand for a couple of summers.  He said his son very recently has worked in fireworks stands for several summers.  He said sitting on this side of the table, he saw himself leaning towards a ban on fireworks because of safety, public health, and pollution issues.  He said his own personal celebration is one thing, but to him sitting on the other side of the table and having to look at the effects on the City and the people that he has heard from, he was leaning towards a ban.  Intuitively it made more sense to him and the most enforceable to have the strictest restrictions on fireworks.  He said he wanted to get more information from the police department on the enforcement issues because they have heard a lot of questions about enforcement and needed answers to these questions.  The Commission needed to talk to the County about their intentions and what the City might be able to work out with them and continue this discussion.

Mayor Hack said the Commission could ask staff from the Police and Fire/Medical Departments to attend the study session to address this issue.  She said she would agree with Commissioner Dunfield leaning toward that way, but it is a difficult issue.  She said she did not want to put Fire/Medical Personnel, Law Enforcement or a child of this community at risk.  She said she is certainly willing to continue this discussion.  She said they have had some wonderful events in her neighborhood and wouldn’t want to give those up either.  We’re all wrestling with the issue of personal versus community responsibility.  She said she appreciated all of the public comments, e-mails, and letters.  She said they needed to discuss this issue with the County to see where we go from there. 

Commissioner Kennedy said he wanted to address the comment from the person who stated that we have other States out there that are reversing their bans.  He said he wanted to know what they were reversing and what they were allowing in that state.

Barber asked if there were any firework distributors invited to the study session.  He said he thought they needed someone there to provide statistics and information. 

Mayor Hack asked if Barber could get the Commission the information that he quoted because that was in contrast with things that she has heard.  She said their study sessions were information gathering from City and County staff.

Commissioner Kennedy said he would also like to know from staff what it would take to get this issue on one of a ballot.                                                                                                     (23)

Mayor Hack called a public hearing on the proposed special assessment benefit district for the permanent improvement of Wakarusa Drive between Eisenhower and Queens Road. 

David Corliss, Assistant City Manager/ Legal Services Director, presented the staff report on the proposed special assessment benefit district.  He said the benefit district was already established to build Wakarusa from Overland Drive to Eisenhower and that was currently in the early stages of construction.  He said the City established the benefit district to improve Wakarusa Drive from Eisenhower to Queens as a temporary road because there was no development on the south and there was going to be some development in the Westwood Hills neighborhood.  In future years, on the north, the City wanted to have the temporary connection all the way to Queens Road which was done earlier this year.  It may be a statement about development in our community, but since that time the property on the north has come in and has been rezoned.  Last Tuesday the Commission approved the Final Plat for a development called Park West that is located between what would be Overland Drive (extended) and this temporary Wakarusa Road.  When the City established this benefit district for Wakarusa, the City was going to assess the property for those improvements in order to compensate the City for buying some additional right-of-way for Wakarusa. 

Corliss said this was how the City got the temporary road and now is ready to build the permanent road.  He said this is in keeping with the Commission’s direction to get public infrastructure in with roughly contemporaneous development.  The Park West Development is likely to move along in a fairly quick pace.  That is why Overland Drive is already under construction because they think it makes sense to go ahead a build Wakarusa Drive.  Again, it requires a little bit of imagination on the Commission’s part because there is no road there.  Queens Road is already there, but it is an old gravel County Road.  In the weeks and months to come the Commission will want to consider the necessary steps to do the benefit district for Queens Road between Wakarusa  (extended) and Overland Drive (extended).

He said tonight is to receive public comment and if the Commission is ready to proceed then staff will work on drafting the resolution and will be back on the agenda to establish the benefit district.  He said while the contractor is in the field, improving Wakarusa, they will look at those unit prices and see if that is the most economical means to build Wakarusa all the way over to Queens Road.  He said another comment was that he wanted to make sure that the Commission knew that there would be a roundabout at Queens and Wakarusa.      

Upon receiving no public comment, it was moved by Henry, seconded by Dunfield to close the public hearing.  Motion carried unanimously.                                                                

Moved by Henry, seconded by Kennedy, to direct staff to draft a resolution creating a benefit district for the permanent improvement of Wakarusa Drive between Eisenhower and Queens Road.  Motion carried unanimously.                                                                               (24)

Dave Corliss, presented a resolution authorizing $7.7 million in general obligation bond issuance authority for storm sewer improvements on 21^st Street between Stewart Avenue and Naismith.

After receiving no public comment, it was moved by Rundle, seconded by Kennedy, to adopt Resolution No. 6399, authorizing $7.7 million in general obligation bond issuance authority for storm sewer improvements on 21^st Street between Stewart Avenue and Naismith.  Motion carried unanimously.                                                                                                                       (25)

The City Commission reviewed the bids for 21^st Street, Stewart Avenue to Naismith Drive Storm Sewer Improvements.  The bids were:

Moved by Rundle, seconded by Kennedy, to award the bid to Rose-Lan Contractors, Inc., in the amount of $1,564,560.41.  Motion carried unanimously.                                 (26)

                Chuck Soules, Public Works Director, presented the staff report for the proposed application to KDOT for funding by KLINK Resurfacing program, Geometric improvement of City Connecting Links and City Economic Development Program.  He provided projects that Public Works would like to submit for state funding.  KLINK for FY 2005 is a 50/50 project typically a milling/overlay project at 6^th from Arkansas to Arizona.  The estimated project cost is $480,000 and should be done in the spring of 2004.  Geometric Improvement for FY2006 is an 80/20 participation with maximum of $900,000.  Staff was also looking at submission of a roundabout at the intersection of 23^rd and East Hills Drive.  He said the project has some merit and feels that it will keep the traffic moving.  The estimated cost of this project is 1.1 million dollars.   For the Economic Development Project, the local government must provide 25% and KDOT’s maximum will be about 2 million dollars.  Soules also stated that they would like to submit the purchase and consolidation of curb cuts and acquisition of public access easements along 23^rd from Iowa to Louisiana.  This is in conformance with the 23^rd Street Access Management Plan.  The estimated cost of this is $548,000. These projects will be presented to the Planning Commission for approval.  The date for project submission to KDOT is August 1^st.

            Vice Mayor Dunfield asked if all items stand on their own and are not ranked. 

            Soules said yes.

            Wildgen said they are ranked within their own category, but not ranked in the submittal. 

            After receiving no public comment Mayor Hack said the Commission action is to direct staff to submit the applications.

            Commissioner Kennedy said one comment that was not made about the roundabout at K-10 and East Hill was that it will slow the traffic down and keep it moving.

            Mayor Hack said yes.  She said she tried to negotiate that intersection and it was a challenge.

            Commissioner Rundle said KDOT has seemed to speed traffic up in this corridor.  He asked if there were other ways to somehow alert the vehicles to slow down.

            Soules said staff would look into slowing vehicles down.  One way is when they approach the roundabout, staff will try to offset or bring some curbs into the road to slow the vehicles down along with signage.  He said initially it will be something different and people will need to learn that this roundabout is there.

            Commissioner Rundle suggested that KDOT would probably want to engage in the discussion on how to make the roundabout successful.

            Mayor Hack said she liked the idea of incorporating it as an entrance to the community.     

            Moved by Rundle, seconded by Dunfield, to direct staff to proceed with the KDOT applications concerning the funding by the KLINK Resurfacing Program, Geometric Improvements of City Connecting Links, and Economic Development Program.  Motion carried unanimously.                                                                                                                                   (27)

            Mayor Hack said there would be a change in the arrival in the students from Hiratsuka, Japan.  They will be at the Arts Center at 1:15 PM on Tuesday the 23^rd of July.  Mayor Hack asked if any Commissioner or staff member would be able to welcome them.  The morning after arrival, the students will go to the Depot and to meet with the Fire/Medical and Police Departments.  Mayor Hack stated that if anyone could come, the students would love to see them. 

            There will be no City Manager Evaluation July 17^th.  The evaluation will not be possible since some evaluations have not been turned in yet.  Meeting postponed until August 7^th.

            Moved by Dunfield, seconded by Rundle to adjourn at 8:25.  Motion passed unanimously.      

                                               

                                                                                    APPROVED:

 

                                                                        _____________________________

Sue Hack, Mayor

ATTEST:

 

___________________________________                                                                       

Frank S. Reeb, City Clerk

COMMISSION MEETING JULY 16, 2002

 

1.                  Bid Date – 2002 Overlay and Curb Repair Program, Phase 3, July 30, 2002 at 2:00 p.m.

 

2.                  Ordinance No. 7548 – 1^st Reading, Rezone (Z-02-07-02) 2.02 acres from RS-1 to RS-2, 1829 Riverridge Rd.

 

3.                  Ordinance No. 7549 – 1^st Reading, Rezone (Z-04-11-02) 35.825 acres from A  and A-1 to RS-E, N of Clinton Pkwy & S & W of Lake Alvamar.

 

4.                  Ordinance No. 7550 – 1^st Reading, Annex (A-04-05-02) 30.256 acres, N of Clinton Pkwy & S & W of Lake Alvamar.

 

5.                  Ordinance No. 7537 –  2^nd Reading, Rezone (Z-02-06-02), 23.2827 acres, A-1 to PRD-1, N of Clinton Pkwy & W of Lake Alvamar.

 

6.                  Ordinance 7541 – 2^nd Reading, Annex (A-02-01-02) N of Clinton Pkwy & W of Lake Alvamar.

 

7.                  Ordinance No. 7543 – 2^nd Reading, Amend Sign Code to remove durational limit on political signs.

 

8.                  Resolution No. 6398 – Agreement with KDOT, 23^rd (K-10) & E Hills Drive Geometric Improvements.

 

9.                  Resolution No. 6400 – Annex (A-04-06-02) 14.41 acres, N of N 1700 Rd between E 1000 Rd (Queens Rd) & E 1100 Road (Folks Rd.)

 

10.              Resolution No. 6401 – Annex (A-04-07-02) 40 acres, 1/8 mile W of intersection of E 1100 Rd (Folks & Peterson).

 

11.              Site Plan – (SP-06-40-02) 99’ Telecommunications Tower, 1112 W 6^th.

 

12.              Zoning – (Z-05-13-02) 9.69 acres from RM-1 to RS-2, Westgate Subdivision.

 

13.              UPR – (UPR-05-02-02) Kaw Water Treatment Residuals Processing Facility.

 

14.              Supplemental Agreement – KDOT for 6^th & Kasold Geometric & Traffic Signal Improvements.

 

15.              Submission of a replat – City property at 242 Michigan.

 

16.              TSC – “No Parking” W side of Barker between Pawnee Ave & Winona Ave.

 

17.              TSC – table review of City Truck Delivery Routes

 

18.              Transportation – FY2002 Triennial Review for Transit System.

 

19.              Subordination Agreement – Women’s Transitional Care Services.

 

20.              Status Report – 1307 Brook

 

21.              Funds – Lawrence Convention & Visitors Bureau, Visit 2020 Reserve Funds.

 

22.              Contract – Landplan Engineering, Part 2, T-Hanger Project at Lawrence Municipal Airport.

 

23.              Fireworks discussion.

 

24.              Benefit District – Wakarusa Drive between Eisenhower & Queens.

 

25.              Resolution No. 6399 – GOB, $7.7 million, storm sewers on 21^st between Stewart Ave & Naismith.

 

26.              Bid – 21^st, Stewart Ave to Naismith Dr. storm sewer improvements to Rose-Lan Contractors for $1,564,560.41.

 

27.              KDOT – KLINK Resurfacing Program, Geometric Improvements of city Connecting Links & Economic Development Program.