October 22, 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 members Dunfield, Henry, Kennedy, and Rundle present.  High School representatives Zack Elmore and Caroline Nobo were present.    

With Commission approval, Mayor Hack proclaimed Thursday, October 31, 2002 as “Halloween Beggars Night.”

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the Public Transit Advisory Committee meeting minutes of September 17, 2002.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve claims to 360 vendors in the amount of $1,402,842.75 and payroll from October 6, 2002 to October 19, 2002, in the amount of $1,285,492.21.  Motion carried unanimously. 

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the Retail Liquor License for Jensen Retail Liquor, 620 West 9^th Street.  Motion carried unanimously.

The City Commission reviewed the bids for repair of the drill tower facility at 1931 Haskell for the Fire/Medical Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award the bid to Fire Facilities, Inc., in the amount of $17,965.  Motion carried unanimously.    (1)

The City Commission reviewed the bids for Kaw Clarifier Bearing Rehabilitation Project for the Utilities Department.  The bids were:

 

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award the bid to Jayhawk Millwright, in the amount of $19,450.  Motion carried unanimously.   (2)

The City Commission reviewed the bids for Lime Residuals Processing Facility (Contract No. 1) for the Utilities Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award the bid to CAS Construction, in the amount of $3,229,000.  Motion carried unanimously.(3)

The City Commission reviewed the bids for brick street repair for the 900 block and 1200 block of Rhode Island, 900 block of Louisiana, 1200 block of New York, and the 1000 block of Ohio for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award Section 1, 2 & 3 to Penny Construction Co., for the total amount of $36,344.84; and, Section 4 to Kansas Heavy Construction, in the amount of $38,663.50.  Motion carried unanimously.                                                                                                                                       (4)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to place on first reading, Ordinance No. 7589, rezoning (Z-09-33-99) 1.5783 acres from R-1 (Single-Family Residence District) to RS-1 (Single-Family Residence District), located south of Peterson Road on the west side of Monterey Way, East 1150 Road.  Motion carried unanimously.                                                                                                                                   (5)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to place on first reading, Ordinance No. 7584, annexing approximately 11 acres, generally located south of West 6^th Street, west of Queens Road.  Motion carried unanimously.                            (6)

Ordinance No. 7586, prohibiting parking on the south/east side of Edgehill Drive northeasterly 270 feet east of Louisiana Street, was read a second time.  As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                    (7)

Ordinance No. 7588, allowing the possession and consumption of alcoholic liquor at the Prairie Park Nature Center on Friday, November 1, 2002, between the hours of 5:00 p.m. – 11:00 p.m., was read a second time.  As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                   (8)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to declare surplus property and establish Saturday, October 26, 2002 as the date for the Evidence/Found Property Auction.  The auction will begin at 10:00 a.m., at the Traffic Division garage, 5^th and Mississippi; and, public viewing will begin at 9:00 a.m.   Motion carried unanimously.                                                                                                                                   (9)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the site plan (SP-08-65-02) for contractor office/shop/vehicle storage on Lot 2 of Polk Subdivision, located at 11^th Street east of Haskell, subject to the following conditions:

1.                  Submission of a revised site plan indicating:

           

a.                  A note stating that public improvement plans for storm drainage systems, culverts, roadside ditches, sidewalk, curb and other work in the right-of-way must be submitted to the Public Works Department for review prior to release of the plan to the building inspector;

b.                  A note stating that occupancy permits for proposed buildings will not be issued until the required public drainage improvements are complete, final inspected and accepted by the Public Works Department;

c.                  Relocation of the ADA parking space to the Westside of parking lot, so that it is closer to the entrance;

d.                  Buried telephone line location;

e.                  Proper area specifications, including updated stormwater information;

f.                    10’ Utility easement between Lots 1 & 2, as well as between Lots 2 & 3; Show book and Page reference on plan;

g.                  Additional landscape screening along the southern boundary of the parking lot;

h.                  Proposed sanitary main and building service lines;

i.                     Lot 2 area should be shown as 21,512.23 sq. ft;

2.                  Execution of an Agreement Not to Protest the formation of a benefit district for street and sidewalk improvements;

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

4.                  Dedication of 10’ Utility easements between Lots 1 & 2, as well as between Lots 2 & 3 by separate instrument.

 

Motion carried unanimously.                                                                                                         (10)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the site plan (SP-08-66-02) for contractor office/shop/vehicle storage on Lots 3 & 4 of Polk Subdivision, located at 11^th Street east of Haskell Avenue, subject to the following conditions:

1.                  Submission of a revised site plan indicating:

a.                  A note stating that public improvement plans for the storm drainage system, culverts, roadside ditches, sidewalk, curb and other work in the right-of-way must be submitted to the Public Works Department subsequent to the formation of a benefit district;

b.                  A note stating that occupancy permits for proposed buildings will not be issued until the required public improvements are complete, final inspected and accepted by the Public Works Department;

c.                  Relocation of the ADA parking space to the Westside of parking lot on Lot 3, so that it is closer to the entrance;

d.                  Buried telephone line location;

e.                  Sanitary sewer main and service lines;

f.                    10’ Utility easement between Lots 2 & 3, as well as Lots 3 & 4;

g.                  Proper area specifications, including updated stormwater information;

h.                  Provide additional landscape screening along the southern boundary of the parking lots;

i.                     Removal of depiction of gravel area; this is not an approved part of the site plan absent a variance from the BZA;

j.                     A note stating that all parking lots shall have concrete curb and gutter built to city standards;

k.                   A note regarding the use of the area at the east end of Lot 4;

l.                     A revised Note 1.2 to reflect proper legal description;

m.                A revised Note 1.12 listing both building sizes;

2.                  Execution of an Agreement Not to Protest the formation of a benefit district for street and sidewalk improvements; and,

3.                  Execution of a Site Plan Performance Agreement.

 

Motion carried unanimously.                                                                                                         (11)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to authorize the Mayor to sign a Release of Mortgage for Patrick and Tracy Kite, 1125 New Jersey.  Motion carried unanimously.                                                                                                         (12)

            During the City Manager’s Report, Mike Wildgen said the federal government is defining the new designation of Combined Statistical Areas.  House Representative Dennis Moore had written Commissioner Rundle to ask if the City of Lawrence had any opinions on combining with the Kansas City, Kansas and Missouri area.  Staff recommended that the Mayor be authorized to sign a letter indicating that Lawrence should not be combined with the KCMO-KS Metropolitan statistical area.  One reason for not combining is because the KCMO-KS area might become an air containment area because while our area might be fine, if we we’re under that umbrella, it might cause funding restrictions.

            After no public comment, it was moved by Dunfield, seconded by Kennedy, to authorize the Mayor to sign a letter indicating that Lawrence should not be combined with the KCMO-KS Metropolitan statistical area.  Motion carried unanimously.                                        (13)

            Also, during the City Manager’s Report, Commissioner Kennedy asked that the public be informed about the odor and taste from the water in East Lawrence.

            Wildgen said while City staff was cleaning the basin, that odor and taste went into the system.  Staff has flushed those lines at the hydrants and the water meets all standards.  This issue was not common, but happens at times when staff cleans the basins.  

            Also, during the City Manager’s Report, Ed Mullins, Finance Director presented the Third Quarter Financial Report.  He said unemployment went down from 5.7% to 5.6% while unemployment claims increased.  Personal incomes continued to increase faster than the rate of inflation, which seemed to indicate that people have more money to spend, but with all the lay-offs they aren’t spending.  He said housing and automobiles are still doing well, but overall retail is not. 

            In terms of the economic environment, we are hearing the word “deflation” which would occur when prices go down.  That is particularly evident in the retail sector because the demand is not there.  In order for the retailer to sell their goods, they have to lower the price.  In order to lower their price and make money, they have to cut their cost and typically that is done by laying people off.  He said when you lay people off, you have fewer people to buy, so things start spiraling downwards.  He said we have dealt with inflation before, but have never dealt with deflation.  Mullins said economic indicators try to predict where the economy is going, but the economy has been down for four consecutive months. 

            He said the last distribution of sales tax in September was down $100,000, but it was down throughout the State.  For some reason, the Department of Revenue processed sales tax for three weeks instead of four weeks.  He said they had heard from the State Department of Revenue’s Finance Director, that distribution was down 10% statewide.    

            He said overall the revenues as percent of budget are over 75% except for sales tax and interest earnings.  On the expenditure side, the City departments have been keeping their budgets in line.  He said our major taxes and franchise fees have already been received so during the 4th quarter, we are not going to receive the amount of revenue that we had during the first three quarters, but the expenditures would be approximately the same.  He said we would see a decrease in the 4^th quarter and anticipated approximately $1,000,000 decrease.  

            Mullins said gas franchise fees, because of the relative warm winter, were down approximately $200,000 from last year, but the good side of that was that we had a hot summer which made up some of that money on the Electric Franchise Fee which was significantly higher than it had been.

            He said in early November, he informs City Departments to start their end of the year purchasing procedures and the departments need to have money in their line items in order to have funds.  He said the departments become much more aware of the amount of expenditures because they are getting close to the end of the year.  He said the City still has a payment for State revenue sharing, which is approximately $280,000 in December.

            Moving on to the recreation fund, it received approximately 50% of its revenue through users fees.  A big source of this revenue is the indoor and outdoor pools.  The outdoor pool received approximately $216,000 and budget at approximately $230,000, which makes them down about $14,000.  The indoor pool, the City budgets approximately $322,000, and that would bring approximately $312,000 and it was down approximately $10,000.  The other user fees that are down are the class enrollment and building rental.  The good news is that youth sports and field rental are both up.  Overall the recreational fund would be down about $80,000 for the year.  In order to make up for this loss, the Parks and Recreation Department has been aggressive in moving money out of budgeted line items like operating supplies and contractual services and putting it in a contingency account.        

            In the transportation fund the City budgeted $32,000.  The Fare Box Revenue has reached over $93,000 in nine months.

            In the Enterprise Funds, looking at the net income line for the golf course, they are about $66,000 dollars short.  He said he predicted that the golf course would be down approximately $50,000.  Their expenses are going to exceed their revenues.  He said the dry summer was good for the water revenue, which was up approximately $250,000. 

            When looking at investments, we had about $94,000,000 in cash and investments at the end of the year.  However, the return on those investments at the end of the quarter was 1.27%.     

            He said in conclusion, the appropriate measures have been taken in the recreation fund and the golf course fund to keep the expenditures down because we’re seeing more problems on the revenue side, but certainly not on the expenditure side because the departments have done a good job controlling those funds.  In the 4^th quarter, we would spend more money than we collect.            

            Commissioner Henry said when looking at the report, the golf course and cart rental fees in 2003 are slightly increased.  He said this should result in some increase in the budget.

            Mullins said the fees go up every year and would be eaten up by the expenditures.  He said that is what the City has to decide.  We’ll either have to increase faster or do something on the expenditure side.

            Mayor Hack said Wildgen in a cover letter that he had written, had indicated that there were some points the Commission would need to discuss and asked if he would keep the Commission informed.

            Wildgen said yes.  Some of the points are related to what the State would do.  The State is headed for even more trouble.  He said the word from the Kansas League of Municipalities is there could be some City, County, or local government revenues that are on their list.  He said the State is looking at not carrying over into their next fiscal year, which starts in July of next year.                                                                                                                                                        (14)

            Karin Rexroad, Public Transit Administrator, presented the staff report on the recommendation from the Public Transit Advisory Committee (PTAC) concerning the Santa Fe Depot.  She said they have been studying the use of the Santa Fe Depot for quite a long time and have finally decided that it was time to make a decision.  The Public Transit Advisory Committee recommended to the City Commission, not to use the Santa Fe Depot because they did not feel that was the right location for a transfer center and this location would require a rerouting of the system.  Also, there would be a major capital expense for that building because the building was not ADA compliant, there were structural issues, and it was not a City owned building.  She said the Santa Fe has not expressed any interest in selling the depot to the City or even working with City staff on this issue.   

            She said the major issue was funding for this project and the City had applied for a federal earmark that was turned down by the Senate, but there had been some interest by the House of Representatives. 

            Rexroad said PTAC would like to look at options in the downtown area.       

            Mayor Hack said the recommendation was to abandon the idea of the depot as a potential transfer site. 

            Commissioner Kennedy said the depot would be a great place for a transfer site and thought that five blocks east of Massachusetts Street was not far away.  Finding a location was a challenge for the transfer site.  He concurred with the recommendation from the Public Transit Advisory Committee.    

            Commissioner Rundle said he was glad PTAC had to grapple with this issue to bring the City Commission a recommendation.

            Vice Mayor Dunfield said if there was any indication that Amtrak would become a bigger part of our community in the future, then that might sway the decision.

                Moved by Rundle, seconded by Henry, to accept the recommendation from the Public Transit Advisory Committee that the Santa Fe Depot, 413 East 7th, no longer be considered as a possible transit center.  Motion carried unanimously.                                                               (15)

            Mayor Hack explained that the action for this issue was to limit comments to 3 minutes concerning possible amendments to City laws governing fireworks.  She said, in terms of logistics, if the City amended this law that would be the Commission’s action.   If there is no action, the ordinance stays the same.

            Commissioner Rundle said, regarding public comment, it did not seem that the Commission would be as inundated as was first thought.  He asked if the 3-minute time limit should apply.

            Mayor Hack said the 3-minute time limit was publicized and thought it should apply.  She asked if the Commission had the information from Chad Voigt, Stormwater Engineer, concerning the storm drainage as it related to fireworks.

            Commissioner Kennedy thought that the public was not aware of the storm drainage issue as it related to fireworks. 

            Wildgen said fireworks are not even mentioned in the Code under the Storm Water Pollution Act, but varieties of pollutants were mentioned.  He said this doesn’t mean that it is legal, but that you have to use good practices such as street cleaning and education. 

            Commissioner Kennedy asked Chuck Soules, Public Works Director, if the City runs the street sweepers after this particular event.

            Soules said the street sweepers are running everyday during the summer.  At certain times during the summer, the City runs two shifts.  He reiterated that one good management practice is to educate the public on cleaning up after the 4^th of July.

            Mel Wedemeyer, Lawrence, asked the Commission not to change the fireworks ordinance, but if the Commission felt that they had to do something, he said he preferred they did not ban fireworks.  He was a Disabled American Veteran, treated fireworks as a patriotic act, voted in every election, and flew his flag. 

            Wedemeyer said he lived in other cities with a ban and it pushed the problem out to the County.  This act would solve the City Commission’s problem, but it would not help the County.  Enforcement of the existing laws was probably the best solution.  He said he would be willing to compromise, but he did not want a total ban.

            Wedemeyer said the vocal minority that did not want fireworks in Lawrence would always be complaining.  Even if the Commission decides to ban fireworks, there would be people who break the law.  Therefore, you would never make the complainers happy.  He said the City Commission would be punishing the people that do abide by the laws.

            Wedemeyer said their cul-de-sac had 3 major parties on the 4^th of July and had over $1,500 in fireworks.  Ninety percent of the debris was cleaned up that night and the next morning, the neighbors completely cleaned up the area.

            He said if the Commission bans fireworks, there is only one major display in the City and more people would attend which would compound the problems of parking and trespassing.  He said if the Commission subsidized the fireworks display, it would be a great expenditure that the City did not need.

            Patricia Sinclair, Lawrence, asked for additional time to respond to this fireworks issue because the stormwater issue was a complete surprise.  She said regarding Stormwater Ordinance No. 7373 that went into effect on September 2001, she spoke with Voigt on two occasions.  Voigt told her specifically that he was the director under this ordinance and he would make the determination, even though fireworks weren’t specifically sited, he told her the general categories under which fireworks would apply.  She said Voigt said as our fireworks ordinance stood, at that time, that fireworks would be in violation of the Stormwater Ordinance even if we modified and cut back the number of items that were allowed.  She said that was her testimony at the July 2002 City Commission meeting.  She had requested this testimony in writing, but never received it.  She said instead of sending her a confirmation of what he told her in July, he sent an email to the City Commission, at the last minute, stating that this was what was said in July, but was a much more watered down version.   She said this email stated public education a head of time and what types of penalties which this essentially meant sweeping up after yourself.  She said when she talked to Voigt in July they discussed fireworks residue and how you couldn’t clean up, even if you wanted to.               

            Sinclair then reads a letter, which stated, “I am hopeful that tonight we will finally see a vote for a complete fireworks ban in Lawrence, allowing only licensed public displays.  I know that this has been a difficult issue for you all and that there is no way that you can make everybody happy here.  But happiness is not the issue.  The important issues are public safety, public health, quality of life, environmental pollution, and the costs to the city.

            Three months ago we met here to discuss a possible fireworks ban.  At that time, three Commissioners expressed their willingness to vote for a ban, one seemed uncertain, and Mayor Hack stated to me personally that she supported a ban.

            What has taken place during those three months?  Two months ago, a joint study session between the Douglas County and the Lawrence City Commissioners seemed to indicate that the County Commissioners were not interested in changing their existing laws governing the sale of fireworks.  Mayor Hack then arranged for a private meeting between fireworks vendors, herself, and a County Commissioner.  Some vendors chose to organize themselves into a group called the DCFA and presented the City Commissioners with a letter.

            In my opinion, these vendors came to the table at a very late date, only after it seemed that a ban was going to be passed.  The general public has been asking for a ban for over a year.  The vendors have engaged in intensive lobbying, been treated to a private meeting, and have delayed a decision on this issue.

            Several issues continue to be raised.  One of the chief issues is that of enforcement.  At the study session, Police Chief Ron Olin stated that a total ban would be more enforceable than a partial ban.  I believe that the majority of citizens would comply with a ban since they are law-abiding.

            Another issue is that of fireworks which are illegal in Kansas such as bottle rockets.  There is plenty of evidence that they are widely used in Lawrence.  The vendors claim that 40% of our problem in Lawrence comes from fireworks bought out of area.  I question the source of these statistics.  Even if that were the case, then merely limiting what is allowed to be used in Lawrence would not affect what is brought into Lawrence.

            I investigated the revenue to Douglas County from the sale of fireworks.  Each vendor pays $100 for a permit and then is supposed to forward their sales tax to the state.  The state in turn gives Douglas County one percent of the total sales.  While this figure is not broken out separately, the treasurer’s office told me that it is not a significant amount.

            What DCFA has proposed appears to be chiefly public safety measures.  Most are similar to those instituted by the mayor this year with little apparent success.  They have also made a rather vague statement about what devices they may be willing to discontinue selling “pending enforcement by the city of Lawrence and/or Douglas County.”  This essentially guarantees nothing.  Unless Douglas County bans the sale of fireworks, any person can purchase a permit and sell any legal firework.  So, any agreement with DCFA without a ban by Douglas County is meaningless since their membership did not include all vendors.

            There is no viable proposal on the table here tonight except the complete ban of private fireworks.”

            Gary Bartz, Co-Chairman of the Douglas County Fireworks Association, said this association was formed to see, as local vendors, what they could do to alleviate some of the problems with fireworks in Lawrence and Douglas County.  After spending a number of hours addressing this issue, they came up with an idea of the elimination of certain fireworks.  He said those items on the list that were presented to the Commission were basically self-standing rockets and propeller driven fireworks.  

            He said the association has also discussed, for educational purposes, a campaign on safety and disposal of fireworks.  He said they were willing to place banners in their tents, televise and post paper ads to see if they could help educate the public.  The problem lies in responsibility.  

            He said in 1990 the U.S. Consumer Safety Commission started testing fireworks that were imported in the United States and that the commission was stringent on what happens with these fireworks.  This is one of the most regulated industries, as far as imports were concerned.  Since then, the amount of fireworks sold in the United States had increased three times, yet the injuries from fireworks had been reduced 86%.  He said he knows that we’re doing a good job at getting the product, we just need to educate the people  

            Kathleen Rood, Lawrence, said the 4^th of July has always been a special day in her family.  She said they might miss getting together for Christmas and Thanksgiving, but they always are together for the 4^th of July.  She said they shoot fireworks, clean up after themselves and are careful.  She said the City Commission has the power to take that from the public.    She asked the Commission not to ban fireworks.

            Steven Watts, Lawrence, said he wanted to state his support of a total ban.  He said the people in community view Lawrence as a progressive town and it made sense to join the rest of the progressive bandwagon and stop this non-sense. 

            He spent the last 11 years living in Hawaii, and Hawaii is one place that loves fireworks, but it came to the point where the State of Hawaii passed a law banning fireworks in the entire state. 

            A reasonable compromise might be for the creation of an ordinance that requires the purchase of a permit in order to buy fireworks as an individual.  He said another idea would be to have designated places to light off fireworks. 

            Watts said he did not understand how the use of fireworks is anymore patriotic than voting.  He said that he appreciated the people who enjoy lighting off firecrackers, but it is also a dangerous thing to do.  He said studies have shown that children get hurt and fires get started.  He supported a ban. 

            Larry Bartz, member of DCFA, said the County Commission has also expressed an interest in the letter that was sent to the City Commission concerning the elimination of certain fireworks.  He said the responsibilities of fireworks needs to be placed on the individuals.  He gave an example of not being able to ban people from driving cars because someone gets in a wreck.

            Bartz said, concerning the issue about stormwater, there were a number of different types of debris that enter the storm drains that are a lot worse than fireworks.  He said he supported the letter that was given to the City Commission concerning fireworks.

            William Dann, Lawrence, said he wanted to make a constructive statement about the correlation between the banning of fireworks and the banning of driving cars.  He said this wasn’t similar to automobiles because we have an apparatus that attempts to penalize people who break the law with automobiles.  The City theoretically has penalties for fireworks use, but it infrequently occurs with the widespread abuses.   He said although there are many good law biding citizens who enjoy fireworks, it’s the irresponsible minority that has created the conditions, which have led to the proposed regulation of fireworks.   He said all you have to do is consider the 4^th of July, the day in which there were three fires, to realize you have to institute a ban if the Commission is to do that which is clearly, in the interest of the public.                       

            Commissioner Rundle asked if a representative from the Fire/Medical Department could speak on their supportiveness or non-supportiveness of a ban.

            Chief McSwain, Fire/Medical Department, said there were four issues here: 1) ban all fireworks; 2) ban aerial fireworks; 3) approve DCFA’s recommendation; or, 4) leave the ordinance alone.  He said his staff ranks these issues in that order and a total ban from fire protection and safety standpoints is staff’s top priority. 

            Commission Rundle asked if Chief McSwain could clarify what aerial fireworks would encompass.

            Chief McSwain said it would be anything that propels itself up in the air, from self-standing rockets, roman candles to arterial shells. 

            Commissioner Rundle asked if there was any other fire safety risk on this type of scale where it was throughout our community.  He said while one neighborhood would be safe, odds are, something was going to happen.

            Chief McSwain said for the Fire/Medical Department, the areas that have shake shingle roofs are the highest fire hazard for structural fires.  Many times in July, the whether conditions are such that they are extremely dry and it takes little ignition source to ignite a wood roof.  He said the fire could leap from house to house under the right conditions.  

            He said according to the NFPA there are more fires that occur in the United States from fireworks on July 4^th than all other sources put together in that one day.

            Commissioner Kennedy asked if the Fire/Medical Department had the authority, if the conditions were not right, to ban fireworks.

            Chief McSwain said they do have that authority, but you have to take into consideration that these vendors have spent a lot of money on their product.  He said his department would come to the Commission for direction.

            Commissioner Rundle asked if there was anyway to characterize this risk.  He asked if Chief McSwain could put an adjective on allowing the fireworks to go on in a City of this size at the rate they go on, in terms of what risk we’re subjecting the Fire/Medical Department to.

            Chief McSwain said he could not characterize that risk.

            Mayor Hack asked Chief McSwain if he had talked to the County about their concerns because there doesn’t seem to be a will in the County to ban the sale of fireworks.

            Chief McSwain said no.  He said this is a very awkward position because of the County position.  The County would have to police what is being sold at the fireworks stands.  He said his staff had no authority once outside City limits.  He said the City, County, Baldwin City, Lecompton, and Eudora needed to agree on how they would handle this issue.   

            Mayor Hack asked if the other cities in the County continue to permit fireworks.

            Chief McSwain said Eudora did not allow sales within their City, but Baldwin and Lecompton did.

            Mayor Hack asked the Douglas County Fireworks Association how far apart were Chief McSwain’s rankings of banning aerial fireworks to DCFA’s recommendations.

            Larry Bartz, said there was quite a bit of difference.  He said arterials shells are on a base that is designed to go straight up and explode.  He said rockets could be a potential problem because sometimes they don’t necessarily go straight up and that was one of the reasons why they wanted to ban these types of rockets.  Roman candles are stuck in the ground, but what he thought the Fire/Medical staff was talking about, was people pointing these Roman candles at each other.  He said a big percentage of their business was in arterial shells.

            Commissioner Henry said that he noticed throughout the City that there were a number of arterial shells that went up higher than a rooftop and there were secondary explosions.  He asked if these types of fireworks would fall under a Class B or Class C.

            Larry Bartz said it would depend on how far the shells went up.  Class B fireworks starts at 3 inches in diameter and go up from there. 

            Mayor Hack asked if Class C fireworks are permitted in the State of Kansas for personal use and if Class B fireworks weren’t.

            Larry Bartz said yes.  He said when using Class B fireworks, you have to be licensed by the State Fire Marshall’s Office to ignite them.  He said there are Class B fireworks being shot off in Lawrence.  

            Caroline Nobo, high school representative, asked Chief McSwain about the statistics for fires that occur in the United States from fireworks on July 4^th than all other sources put together in that one-day.  She said he had mentioned that three fire calls were made on the 4^th of July, and asked if that was significantly more than what you see on a regular day from fireworks.

            He said according to the NFPA there are more fires that occur in the United States from fireworks on July 4^th than all other sources put together in that one day.  He said that is from the National Fire Protection Association.

            Commissioner Kennedy said he did not like huge fireworks that go over the top of houses.  There were approximately 18 items that DCFA decided might be the culprits.  These items would not be available through DCFA’s sources of sale, which would be in the County and in the cities.  He would like to see this addendum added to the fireworks regulations.  He also had concerns about the pollution and where some of these projectiles land.  He said it was an important issue to ensure everyone that did participate in the fireworks displays in their neighborhood, clean up as much as possible.

            Commissioner Henry said he was as patriotic as anyone could be and enjoyed fireworks immensely as a child.  He said this City was extremely fortunate this 4^th of July because it rained that morning and there was no wind in the evening.  He had driven around the City to observe what was happening, particularly on the west side of town.  What he saw were Class B fireworks as defined, because they went higher than a rooftop, exploded and sent showers of sparks by those roof tops.  He said this year was the most intense that he has seen throughout the City.  This is a public safety issue. 

            He said a neighbor had sent him a picture showing their mulch bed ignited and flames were going up the side of the house.  He said a person’s right to enjoy fireworks stops when it causes potential damage to another person’s life or property. 

            He said other communities throughout the state have banned fireworks.  He said people would self regulate and it wouldn’t happen the first year, but thought it would be a safer community as a result.  He supported a total ban for everything except novelty fireworks.

            Vice Mayor Dunfield said he has taken Commissioner Henry’s lead on this issue and found Commissioner Henry’s arguments persuasive.  He said this is a public safety issue.              Concerning the comparisons to automobiles, if the only point of an automobile was to entertain us, he did not think they would be allowing automobiles either, given the danger and the obvious problems that they cause.  This is a case where we’ve got to balance public interest versus private enjoyment.  When the danger is so clear as our Fire/Medical Department and Police Department has spoken, the only really enforceable option that they see is a ban.  In a case like this, public safety has to come before the private enjoyment.  He said it was inevitable that City would ban fireworks and it was just a matter of time.  He said he moved to ban fireworks.

            Commissioner Rundle said he agreed with Commissioner Henry and Vice Mayor Dunfield.  He said for the traffic argument, we put our traffic system on autopilot.  We have traffic signals around the community that regulate things.  If our public safety people could depend on fireworks signals out in every neighborhood to tell people when it was okay and when it wasn’t, that would be great. 

            He said we often have emotional arguments whenever people want a stop sign or a crossing guard and these people ask the Commission if the City is going to have a tragedy occur before steps are taken to correct a problem.  He said he did not want to wait until we have a massive fire downtown or some neighborhood.  The odds are that something like that could happen.  He said he agreed with Vice Mayor Dunfield, that if we don’t ban fireworks now, we would ban them in a few years.  He said he supported a ban now. 

            He said the veterans that leave town because they can’t stand the explosions going off nor the Cities that have banned fireworks were no less patriotic than our community.  If there is one City that can rise to the challenge of finding a way to celebrate or to express our patriotism, Lawrence is the community to lead the way.   

            Mayor Hack said this has been a difficult decision and has been drawn out for a while.  The City Commission had received many emails and phone calls regarding this issue, but stated that she had received only 2 emails concerning the $107,000,000 budget and hundreds of emails on fireworks.  She said this was an intensely personal issue; an issue of patriotism; and an issue of concern.  She said the swing vote for her has always been the safety of our Fire/Medical staff and Police Officers.  She said when Chief McSwain ranked those four issues concerning fireworks she went with his expertise on this issue.  She said she has flip-flopped back and forth on this issue. 

            Hack said she was extremely encouraged by the fireworks vendors in trying to compromise and work through these issues.  The permitting process by the County could have easily pulled some of these issues together.  She thought this was going to be a difficult issue for the City if the Commission decides to ban fireworks, because the County would still allow the sale of fireworks.  She said the City is not being a great partner with the County, but the City needed to take care of its own situation. 

            She said one of the City Commission goals was to look for more community wide celebrations.  The City has already contributed money to the Jaycees for their fireworks display and would like to see some things that we could do with the City through Parks and Recreation.  She said she hoped that neighborhoods still get together to have picnics and recite the Declaration of Independence.  She supported banning fireworks.

            Commissioner Kennedy said that he has been in Lawrence for 50 years and it would take another 50 years to stop them.

            Mayor Hack asked how the Commission needed to address this ordinance.

            Wildgen said he assumes that the Commission would authorize the supervised public display, which was exception No. 1 in the ordinance and would eliminate exception No. 2 and 3, which related to the dates and times allowed for fireworks in Lawrence.

                Moved by Henry, seconded by Dunfield, to direct staff to prepare an ordinance establishing a ban on the possession, use, and discharge of fireworks (the ban would not include supervised public displays).   Aye:  Dunfield, Hack, Henry, and Rundle.  Nay:  Kennedy.  Motion carried.                                                                                                                                             (16)            

                Grant Eichhorn said at a Plumbing Review Board meeting, he had brought some questions to the board’s attention that they couldn’t answer.  He asked what jurisdiction did the review board have as it related to enforcement of a problem.  The review board suggested that he address the City Commission to find out what their role might be in answering his question because the board felt they did not have jurisdiction.   

            He asked the Commission what the hierarchy of the Plumbing Board was to the Building Inspections Department; when the board rules on an issue, where did that ruling funnel down or up to; and, who enforces the decisions of the Plumbing Review Board; and how are the notifications of these decisions carried out.

            Commissioner Rundle said typically the Commission directs questions like this to staff and staff reports back to the Commission.

            Eichhorn said his answers to his questions from staff were not forthcoming.  He said he went to staff with a list of grievances two weeks ago and had not received comment on those issues. 

            Mayor Hack asked if Eichhorn had contacted Corliss.

            Eichhorn said no.

            She asked if it would be appropriate to set up a meeting for them to discuss these issues before the Commission responds.

            Eichhorn said as far as the hierarchy of the Plumbing Board, did City staff want him to bring along the Plumbing Review Board.

            Mike Wildgen, City Manager, said there is an ordinance that establishes those rules.  He said staff would gladly educate the board again, if necessary.  He said the board had those same questions in August and were answered by Corliss.      

            Vice Mayor Dunfield said as an architect, his response is that where there are code issues, the City inspector is the authority.  If the plans and specifications did not meet the codes, then the City Inspector has the authority to make that ruling.  The inspector’s job is to make sure the built product meets code and the inspectors were not responsible for verifying that everything is built according to the drawings.

            Commissioner Kennedy said most of the codes he read, with regard to architectural details and specifications, were computer generated    

            Mayor Hack suggested that it was Eichhorn’s best source to meet with staff.               (17)

            During Commission items, Mayor Hack reported that Paula Phillips, Emergency Management, had a schedule arranged for their Bio-Terrorism exercise.

            Also during Commission items, Vice Mayor Dunfield said they had received a request from the Lawrence Association of Neighborhoods for a joint study session between the City and the School Board.  He was receptive to this idea, but had a concern whether there would be some specific objectives for this type of study session.  He said the Commission certainly did not want to make it a substitute for the process that the School Board has been involved in, for quite sometime, with their facility study.    

            Commissioner Rundle said at the beginning of the Commission’s last joint meeting between the City, County, and School Board, he thought Scott Morgan introduced the idea of working together to enhance the viability of neighborhood schools.  He said he has not reviewed the suggested agenda, but thought it was an area that the Commission should focus a lot more energy on.

            Mayor Hack said the Commission’s practice was to generate study sessions based upon information gathering.  The Commission generally had an outcome that is directly related to something that they had some control over, maybe an action or agenda item.  She said the City, County, and City staff had met at least two times during this yearlong process and had shared specific concerns regarding public schools, neighborhoods, growth, and planning issues.  The School Board has gone through an incredibly long process.  She said the decisions that were being made at this level by the School Board are being made very carefully and thoughtfully.  She wanted to point out that these were educational decisions, not necessarily building decisions, but what goes on inside those buildings.  She did not feel that this was an area that the City Commission could take direct action on and therefore, if they wanted to comment at a public hearing that was something that was available.  She did not see an outcome, for the Commission to have in terms of a study session.

            Commissioner Rundle said he did not think any of the Commissioner’s wanted to take direct action towards the School Board.  He said in their role as City Commissioners, issues that the Commission acts upon, does affect schools.  He said he knew Mayor Hack was representing the Commission at those meetings, but that was all at the preliminary stage.  Now that the Commission had something coming into focus to be proposed, he thought as a governing body, they needed to address this issue and provide input.

            Commissioner Kennedy said there was no way the Commission would take on this issue as a Commission item.  This was a fact-finding mission where the City Commission could listen to the residents in the neighborhoods.  There would be no comment, vote, or direction by the City Commission.  Commissioner Kennedy said he would be willing to listen to the interested parties, but he would not make any comment.  He said he questioned the term “study session,” because it was more of a presentation.                                                                                                     (18)

Moved by Henry, seconded by Kennedy, to recess into executive session for twenty minutes to discuss matters relating to the acquisition of real property.  Motion carried unanimously.                                                                                                                                 (19)

            After returning from executive session, it was moved by Kennedy, seconded by Dunfield, to adjourn at 8:35 p.m.   Motion carried unanimously.                                                                                       

 

 

APPROVED:

                                                                        _____________________________

Sue Hack, Mayor

ATTEST:

 

___________________________________                                                                       

Frank S. Reeb, City Clerk

CITY COMMISSION MEETING MINUTES - OCTOBER 22, 2002

1.                  Bid – Repair Drill Tower Facility, 1931 Haskell, Fire/Medical Dept. to Fire Facilities for $17,965.

 

2.                  Bid – Kaw Clarifier Bearing Rehab Project, Utilities Dept, to Jayhawk Millwright for $19,450.

 

3.                  Bid – Lime Residuals Processing Facility, to CAS Construction for $3,229,000.

 

4.                  Bid – Brick Repair, various locations, Section 1, 2 & 3 to Penny Construction for $36,344.84 & Section 4 to Kansas Heavy Construction for $38,663.50.

 

5.                  Ordinance No. 7589 – 1^st Reading, Rezone (Z-09-33-99) 1.5783 acres, R-1 to RS-1, S of Peterson on W side of Monterey Way, E 1150 Rd.

 

6.                  Ordinance No. 7584 – 1^st Reading, Annex 11 acres, S of W 6^th, W of Queens.

 

7.                  Ordinance No. 7586 – 2^nd Reading, prohibit parking, S/E side of Edgehill Dr, NE 270’ of Louisiana.

 

8.                  Ordinance No. 7588 – 2^nd Reading, allow alcoholic beverages at Prairie Park Nature Ctr on Nov 1, 2002.

 

9.                  Auction – Found Property/Evidence, Oct 26, 2002 at 10:00 a.m.

 

10.              Site Plan – (SP-08-65-02) office/shop/vehicle storage, Lot 2 Polk Sub, 11^th E of Haskell.

 

11.              Site Plan – (SP-08-66-02) office/shop/vehicle storage, Lot 3 & 4, Polk Sub, 11^th E of Haskell.

 

12.              Mortgage Release – Pat & Tracy Kite, 1125 New Jersey.

 

13.              City Manager’s Report – Mayor to sign letter to indicate not be combined with KCMO-KS Metro statistical area.

 

14.              City Manager’s Report – E Lawrence water taste/odor & 3^rd Quarter Financial Report.

 

15.              Santa Fe Depot – Not considered  for transit center.

 

16.              Fireworks – Discuss Banning

 

17.              Public Comment – Plumbing Review Board

 

18.              Commission Items – Lawrence Assoc of Neighborhoods study session between City & School Board.

 

19.              Executive Session – Real property acquisition.