[E-minutes] City Commission meeting minutes - December 30, 2002
Diane Trybom
dtrybom@ci.lawrence.ks.us
Mon, 6 Jan 2003 10:43:15 -0600
December 30,
2002
The Board of Commissioners of the City of Lawrence met in regular session at
3:00 p.m., in the City Commission Chambers in City Hall with Mayor Hack
presiding and members Dunfield, Henry, Kennedy, and Rundle present. Student
Commissioner Nobo was present.
As part of the consent agenda, it was moved by Rundle, seconded by Dunfield,
to approve the City Commission meeting minutes of December 17, 2002. Motion
carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Dunfield,
to approve the Recycling and Resource Conservation Advisory Board meeting
minutes of November 12, 2002; the Mental Health Board meeting minutes of
September 24, 2002; and, the Lawrence-Douglas County Housing Authority Board
meeting minutes of October 22, 2002. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Dun
field, to approve claims to 352 vendors in the amount of $1,578,477.99 and
payroll from December 16, 2002 to December 29, 2002 in the amount of
$1,286,542.56. Motion carried unanimously.
The City Commission reviewed the bids for the construction contract for 2002
Waterline Improvements, Phase 1A, for the Utilities Department. The bids
were:
BIDDER BID
Engineer's Estimate $300,049.00
Nowak Construction $258,309.90
Meadows Construction $321,969.25
As part of the consent agenda, it was moved by Rundle, seconded by Dunfield,
to award the bid to Nowak Construction in the amount of $258,309.90. Motion
carried unanimously. (1)
The City Commission reviewed the bids for the construction contract for 2002
Waterline Improvements, Phase 1B, for the Utilities Department. The bids
were:
BIDDER BID
Engineer's Estimate $201,649.50
Kahle Construction $168,462.40
Nowak Construction $232,595.80
Meadows Construction $235,790.75
Clisso Company $241,262.38
As part of the consent agenda, it was moved by Rundle, seconded by Dunfield,
to award the bid to Kahle Construction in the amount of $168,462.40. Motion
carried unanimously. (2)
As part of the consent agenda, it was moved by Rundle, seconded by Dunfield,
to approve selection of Smalter Architects/Susan Richards Johnson and
Associates, Inc. for architect services for the design of Fire Station No. 3
improvements; and, to authorize staff to negotiate agreement for City
Commission approval. Motion carried unanimously.
(3)
As part of the consent agenda, it was moved by Rundle, seconded by Dunfield,
to waive bidding requirements and authorize the City Manager to execute an
agreement with Kahle Inc. in the amount of $45,000 for sanitary sewer
improvements along North Michigan. Motion carried unanimously.
(4)
As part of the consent agenda, it was moved by Rundle, seconded by Dunfield,
to place on first reading, Ordinance No. 7614, rezoning (Z-09-34-02)
approximately 5.58 acres, from RM-1, RM-2 (Multi-family Residential)
District, and RM-D (Duplex Residential) District, to RS-2 (Single-Family
Residential) District for Lots 1-6 and 19, Block 3, and Lots 24-31, Block 2,
Pinnacle West Addition, located at 3900 block and 4000 block of West 8th
Street. Motion carried unanimously.
(5)
Ordinance No. 7597, adopting floodplain regulations for the City of
Lawrence, was read a second time. As part of the consent agenda, it was
moved by Rundle, seconded by Dunfield, to adopt the ordinance. Aye:
Dunfield, Hack, Henry, Kennedy, and Rundle. Nay: None. Motion carried
unanimously. (6)
As part of the consent agenda, it was moved by Rundle, seconded by Dunfield,
to adopt Resolution No. 6450, requesting the County Commission to approve
the annexation of approximately 48 acres of City owned property, located
south of the Lawrence Municipal Airport. Motion carried unanimously.
(7)
As part of the consent agenda, it was moved by Rundle, seconded by Dunfield,
to adopt Resolution No. 6451, declaring the necessity for condemnation of a
tract of property for stormwater improvements, located east of Haskell
Avenue, north of 12th Street. Motion carried unanimously.
(8)
As part of the consent agenda, it was moved by Rundle, seconded by Dunfield,
to authorize the Mayor to change the term expiration dates for the
Neighborhood Resources Advisory Committee to December 31st of the
appropriate year of expiration.
(9)
As part of the consent agenda, it was moved by Rundle, seconded by Dunfield,
to authorize the Mayor to sign Releases of Mortgage for Warren and Margaret
Brun, 205 North 5th Street and Kristi McAlister, 437 Indiana Street. Motion
carried unanimously.
(10)
As part of the consent agenda, it was moved by Rundle, seconded by Dunfield,
to authorize the Mayor to sign a Subordination Agreement for Sharen Edmonds,
1808 West 22nd. Street. Motion carried unanimously.
(11)
As part of the consent agenda, it was moved by Rundle, seconded by Dunfield,
to authorize the Mayor to sign a Subordination Agreement for Barbara
Wiseman, 1032 Lawrence, Avenue. Motion carried unanimously.
(12)
As part of the consent agenda, it was moved by Rundle, seconded by Dunfield,
to authorize the Mayor to sign a Subordination Agreement for Reginald &
Nicole Demby, 1072 East Home Circle. Motion carried unanimously.
(13)
As part of the consent agenda, it was moved by Rundle, seconded by Dunfield,
to approve the Drinking Establishment License for Montana Mike's, 1015 Iowa
(Contingent Upon State License); Fatso's, 1016 Massachusetts; Buffalo Wild
Wings, 1012 Massachusetts; Don's Steak House, 2176 E. 23rd; Bottleneck, 737
Massachusetts; The Bourgeois Pig, 6 East 9th; It's Brothers Bar & Grill,
1105 Massachusetts; Louise's West Ltd., 1307 W. 7th; the Retail Liquor
License for Parkway Wine and Spirits, 3514 Clinton Parkway Suite B; and, the
Cereal Malt Beverage License for the following:
Alvamar Orchards (On Premises), 3000 W. 15th
Break Place (Off Premises), 2330 Iowa
Buffalo Bob's Smokehouse (On Premises), 719 Massachusetts
Checker's (Off Premises), 2300 Louisiana
Commerce Plaza (Off Premises), 3304 Iowa
Conoco (Off Premises), 1030 N. 3rd
Conoco Food Mart (Off Premises), 955 E. 23rd
Dillon Store # 19 (Off Premises), 4701 W. 6th
Dillon Store # 43 (Off Premises), 1740 Massachusetts
Dillon Store # 68 (Off Premises), 3000 W. 6th
Dillon Store # 70 (Off Premises), 1015 W. 23rd
Duds 'N Suds (On Premises), 918 Mississippi
Eagle Bend Golf Course (On Premises), 1250 E. 902 Rd
Eastside Tavern (On Premises), 900 Pennsylvania
El Matador Café (On Premises), 446 Locust
Fastlane # 3 (Off Premises), 1414 W. 6th
Food-4-Less (Off Premises), 2525 Iowa
Godfather's Pizza (On Premises), 711 W. 23rd
Godfather's Pizza (On Premises), 721 Wakarusa
Hillcrest Amoco (Off Premises), 914 Iowa
Hy-Vee Food Store # 1 (Off Premises), 3504 Clinton Parkway
Hy-Vee Food Store # 2 (Off Premises), 4000 W. 6th
Jade Mongolian Barbeque (On Premises), 1511 W. 23rd
Jayhawk Food Mart (Off Premises), 701 W. 9th
KOA Campground (Off Premises), 1473 Hwy 40
Kwik Shop # 702 (Off Premises), 1864 Massachusetts
Kwik Shop # 718 (Off Premises), 3440 W. 6th
Kwik Shop # 721 (Off Premises), 845 Mississippi
Kwik Shop # 773 (Off Premises), 1714 W. 23rd
Kwik Shop # 784 (Off Premises), 1420 Kasold
Kwik Shop # 786 (Off Premises), 4841 W. 6th
Kwik Shop # 785 (Off Premises), 1611 E. 23rd
La Familia Café (On Premises), 733 ˝ New Hampshire
Lawrence Pizza Co. (On Premises), 601 Kasold Dr.
Louisiana Amoco (Off Premises), 2301 Louisiana
Miguel's La Familia (On Premises), 2223 Louisiana, Ste: E
Miller Mart # 401 (Off Premises), 2301 Wakarusa Dr.
Miller Mart # 410 (Off Premises), 3300 W. 6th
Mini Mart (Off Premises), 920 N. 2nd
Mini Mart (Off Premises), 1733 Massachusetts
Mini Mart (Off Premises), 2447 W. 6th
Mojo's (On Premises), 714 Vermont Ste: A
Pizza Hut (On Premises), 4651 W. 6th
Pizza Hut # 301024 (On Premises), 600 W. 23rd
Pizza Hut # 301036 (On Premises), 934 Massachusetts
Presto Conv. Store # 31 (Off Premises), 1802 W. 23rd
Quick Stop (Off Premises), 1000 W. 23rd
Quick's Bar-B-Q (On Premises), 1527 W. 6th
Razzy's Bar & Grill (On Premises), 4821 W. 6th, Ste: K
River City Ice Co. (Off Premises), 4910 Wakarusa Ct.
Rock Chalk Car Wash (Off Premises), 1215 E. 23rd
Sam's Food Mart (Off Premises), 1910 Haskell
Site Service Station (Off Premises), 946 E. 23rd
St. John's Church (On Premises), 1229 Vermont
Super Target (Off Premises), 3201 Iowa
The Crossing, Inc. (On Premises), 618 W. 12th
Total # 4160 (Off Premises), 501 W. 9th
Yello Sub (On Premises), 1814 W. 23rd
Zarco 66 # 4 (Off Premises), 1500 E. 23rd
(All Cereal Malt Beverage Licenses are Contingent Upon Departmental
Approvals) Motion carried unanimously.
(14)
A citizen asked that the Cereal Malt Beverage License for Bull
Winkles, 1344 Tennessee, be pulled from the consent agenda for discussion.
Pat Sinclair, Lawrence, said a couple of years ago a young woman who
was underage obtained alcohol at Bull Winkles and tragically became
intoxicated and in crossing the street while leaving the bar was struck and
killed. She said her recollection was that the young man that struck her
with the automobile was also intoxicated, and believed he had been drinking
at a different location. She said we needed standards in the City and this
should not be a knee jerk reaction to a new license. Sinclair said she was
horrified that these people were allowed to remain in business. This is not
a small infraction, but a result of a student's loss of life. Parents send
their children to K.U. with the expectation that the City would provide
reasonable safety standards.
She said there were other examples of why this establishment should
not be licensed such as: a person urinating in public; graffiti on the
walls and doors; and, the area is littered with cups partly filled with
beer. She said there is an enclosure located outside the premise and you
might as well sell the beer out the window and let the kids pass it to
anyone who wants a drink.
Sinclair said earlier this year they began a construction project
that seemed to involve the foundation and there was a big pile of gravel
dumped on the sidewalk in front of Bull Winkles and remained there for weeks
and may be months. She finally called Neighborhood Resources and was
informed by Barry Walthall, Codes Enforcement Manager, that they had not
obtained a building permit therefore the work had been stopped. These seem
to be people who do not understand the rules that are to be played by in
this City.
She again had more comments such as: vehicles are parked in the
right-of-way; debris from the construction was left on the sidewalk where
any passer by could trip or not be able to proceed down the street. She had
no statistics to offer in terms of their inspection or compliance with
serving alcohol to minors and did not think they should get three strikes
and your out. One strike was enough for her. One dead student is enough
for her and asked the City Commission not to renew their license.
Mayor Hack asked about the process in terms of licensing for Cereal
Malt Beverage.
Frank Reeb, Administrative Service Director/City Clerk, said all of
the licenses that are proposed on the agenda are contingent upon
departmental approvals. He said when we get a request to renew a license
for Cereal Malt Beverage, we send a copy of that application to the Police
Department, Neighborhood Resources, Health Department, and the Fire
Marshall. They all do their inspections in compliance with the City Code.
If all of those inspections are passed, we will issue a license. All of
these licenses are on an annual basis and all Cereal Malt Beverage License
are due on December 31st. He said we would not issue a license unless they
passed the various inspections.
Commissioner Kennedy asked if the applicant would not be issued an
occupancy permit unless they met all of the City Codes during this
construction.
David Corliss, Assistant City Manager/Legal Services Director, said
they would not be issued an occupancy permit until that portion of the
building had met the Code requirements allowing occupancy.
Commissioner Rundle said if there were identifiable problems during
the year, does the City Commission have the authority to revoke a license?
Mike Wildgen, City Manager, said the City would give them notice and
there would be a public hearing.
Mayor Hack asked if Bull Winkles had met all the legal requirements
for obtaining a license.
Frank Reeb said we did not have any information otherwise.
Commissioner Henry said he preferred to look at infractions as they
occur, rather than trying to dredge up history. To single out this
particular establishment right now, seem to be arbitrary and he did not want
to deny this license. He said we need to look at the future and if there
are infractions, then the Commission could address those concerns.
Moved by Kennedy, seconded by Henry, to approve the Cereal Malt
Beverage License for Bull Winkles. Motion carried unanimously.
(15) At the request of Commissioner Rundle, Mayor Hack deferred for one
week, the staff report concerning the 2003 City budget Issues.
(16)
Hilda Enoch, Chair, Coalition for Homeless Concerns, said the
coalition came before the Commission a month ago and formally asked to use
the Carnegie Building for homeless people who have no place to go in our
community. At that time, after some discussion, the issue was tabled
because of the letter from Mr. Forney from the Salvation Army. Mr. Forney
said there were negotiations going on between the Salvation Army and the
Lawrence Open Shelter and that within two weeks he expected to open a
shelter. She said that it was getting cold and the homeless people needed a
place to stay. She said at the last meeting of the Coalition of Homeless
Concerns, the homeless made it clear that something needed to be done
because it was cold.
She said Mayor Hack had already made up her mind that the
stewardship of that building does not require a shelter. She urged the City
Commission to open up their minds and hearts to an issue that is urgent in
our community. Last year the City lost three people on the streets to the
cold. She felt it was not an acceptable response from our community. This
is not the problem of Coalition of Homeless concerns, but a community
problem that many communities have already dealt with.
She said the Carnegie Building, which is empty and dry, is much
safer than our streets. She said these homeless people are extremely
vulnerable and they have an alcoholic problem. Alcohol is a disease. She
said if you help people get out of the cold, you could then begin to help
them find the services that they need. She said they were not asking for
the building for a permanent use, but for the winter. She asked the
Commission to let them have the building so the coalition could help these
people begin to make a start and to be constructive citizens in the
community.
If you took the leadership that is needed, you would involve Bert
Nash Mental Health Center and the DCCCA group and have programs in the day
for these people. She said this is not an acceptable response from this
community. She urged the City Commission to reconsider this issue on a
temporary basis. She said there was never a sprinkler system in that
building, but there had been small children in that building. The coalition
would do his or her best to have someone available at all times. Even if
there is a smoke or a fire, people will be alerted. She said there are
three exits downstairs.
She understood there was a problem with liability and they would try
to get insurance. At this time, this is the only building that seems to be
available and affordable. She again urged the City Commission to allow them
to use the Carnegie Building on a temporary basis until they acquire a
permanent place.
Maggie Beedles, Co-Director, University of Kansas Center for
Community Outreach, said she had full confidence that they could staff this
shelter over the winter with student volunteers.
Commissioner Kennedy asked Beedles if they have worked with the
University to find a location on campus.
Beedles said they had worked on that on a number of occasions and
determined a number of years ago that it was something in the transient
student body's capacity to establish a shelter and run it completely with
their own resources on a long-term basis. She said they determined that
their contributions would be best set at providing voluntary assistance.
Commissioner Kennedy asked about alternate resources to a facility.
Beedles said that they had looked into off campus, but not
thoroughly into a university location. She had little confidence that they
would be able to work that out as promptly as the Carnegie Building. She
would look into that idea.
Commissioner Rundle said the last time this issue was before the
City Commission, they focused solely on the building and did not get to the
ability of Lawrence Open Shelter and the students to serve this special
population. He asked if there was adequate training to meet the special
needs of that population.
Beedles said she assumed that they could run the shelter the same
way they did this summer and have equally sufficient successes. She said
this summer when they worked with the Lawrence Open Shelter, they had
multiple volunteer trainings depending on the amount of time that the
volunteer would be spending with the population. For the people who were
actually staff members, they underwent a through training and she attended
part of that training to educate herself about the most current methods of
working with this particular population. She said they did hold volunteer
training for volunteers who would be on call in the overnight sessions.
Commissioner Rundle asked whom provided that training.
Beedles said the Lawrence Open Shelter.
Commissioner Kennedy asked where this shelter was.
Beedles said St. Johns. She said having worked at the Lawrence Arts
Center, she had a lot of confidence in the safety of that building. She
said with collaborating between the volunteers and having confidence in that
population's responsibility and maturity level, they would be able to
maintain and operate that building in a very efficient manner.
Melodie Christal, representing Downtown Lawrence Inc., said they
recognized all the problems with the homeless and empathize with the
coalition, but their members are concerned about the safety of visitors to
downtown. If the Carnegie Building is used as a homeless shelter, the image
that it would have, people may not come downtown. She hoped they could find
an alternative solution.
Gary Clay, Lawrence, asked what the holdup was and it seemed that
there was an obvious answer to peace. The City, County, State, Country, and
community are only as good as they treat their poor.
Marilynn Hull, Lawrence, said she recently had become concerned
about the homeless people in Lawrence because she spends time downtown. To
see people walking to the various places that are available, to address the
question of the concerns of downtown merchants, she would like to argue that
it would be better to have homeless people in a building at night then out
on the streets where they're continuing to drink and could possibly be a
threat to late night businesses.
The Salvation Army does a good job, but they do have a strict set of
rules based on their religious beliefs. She said the homeless people line
up at 9:00 p.m. to take a Breathalyzer test before they can be given a meal
and a mat to sleep on. In her opinion, this is dehumanizing. People who
are alcoholics have a compulsion to drink. It's not like they can decide
earlier that day not to drink to stay at the Salvation Army. Alcoholism is
a disease and making the Salvation Army the only place in our community
where people can go, is a form of discrimination.
She did not think the Carnegie Building is a good solution either,
but it is a last resort and that was why they were coming before the
Commission. There is no other place identified. If you say we want to be
good stewards of the building, you in effect disregard the issue because
there is no other place viable. All of us who are native Kansans know, that
any day now, it's going to get really cold. She encouraged the City
Commission to open their hearts and think beyond stewardship of a building
and think of stewardship of our people and consider opening the Carnegie
Building on a temporary basis until the parties involved can find a more
permanent solution.
Commissioner Henry said this was a difficult situation. Today's
Journal World carried an article about the Lawrence Open Shelter and how
they need $20,000 to get the shelter in operation. He has talked to the
President of this shelter several times and they need this money. This
money would not be for just rent, but training qualified persons to staff
building. He had a major concern about opening a building and allowing it
to be used in that particular manner. He said it might sound hard hearted,
but he had concerns about the safety of the individuals and the volunteers.
The Salvation Army is still having problems getting volunteers for the
shelter that they have.
Commissioner Rundle said the Carnegie Building is not necessarily
the best place, but he did think the Commission needs to take this on and
try to be part of the solution, if only for selfish reasons. A county in
Minnesota performed an assessment and identified costs they were spending on
Law Enforcement, emergency room visits and other costs and it was cheaper
for them to establish a program called "Harm Reduction" where they had
shelter and appropriately trained people to care for this special
population. He said they had the daytime programs to try to get people out
of problems and into productive life. If this isn't the solution, he
thought they needed to work with other people to find a solution. He said
we're paying a cost for it, and thought part of it was the moral cost of
just ignoring this problem.
Vice Mayor Dunfield said this issue is ultimately not about the
Carnegie Library Building. The issue is about homelessness and how we
attack this problem. Those who provide shelter for the homeless are
compassionate people. Anyone who is willing to volunteer time, money, or
any effort would have the Commission's thanks and appreciation. He said
when you start talking about taxpayer support, whether in the form of a
building or money, there is something more required. The homeless who have
died in recent years in Lawrence have not died because of the lack of
shelter, but because of untreated illnesses. For the City to support a
homeless shelter, that program needs to expect its clients to show
responsibility for their actions and show willingness to seek treatment for
untreated diseases. Otherwise, we are not truly solving the problem we're
simply helping some people be more comfortable. If that comfort is
something that people believe in providing, he certainly has no argument
against that. For a City supported program, we do need to ask more and at
this time, he thought opening the doors of the Carnegie Library does not do
that.
Mayor Hack complimented Vice Mayor Dunfield's thoughtful words. She
said this Commission has not shown a lack of compassion with regards to the
homeless concerns in our community. She agreed with Vice Mayor Dunfield
that opening the Carnegie Library building is not the solution without the
proper counseling. She hoped the Lawrence Open Shelter would hopefully work
to get the money they need to provide an appropriate place for the people in
this community who desperately need their help. Mayor Hack could not
support this issue.
Commissioner Kennedy said all of the Commissioners have done an
excellent job on providing their thoughtful and considerate position of the
homeless in our community. He said homelessness has been an issue that has
grown over the years. The Commission has done the best they can do and have
stepped forward by giving the Salvation Army additional funds. He said
there is a twenty-page report regarding the condition of the Carnegie
Building and it is not safe to put anyone in that building to stay for
extended periods of time. He is not willing to open up the doors for a
temporary shelter at this time.
Hilda Enoch, Chair, Coalition for Homeless Concerns, said the
Coalition would not attempt to open the Carnegie Library building alone;
they would only do it with the support of the Lawrence Open Shelter. The
Lawrence Open Shelter is a part of the Coalition and they wanted to
concentrate specifically on just getting a shelter and have worked very hard
to do that. She said if they run a shelter, it would be with the training
from the last two years. She said the Carnegie Building's basement is clean
and dry. There is only one bathroom, but that was all the Salvation Army
had. The Salvation Army does not have a sprinkler system, nor does the
Carnegie Building. It is possible to run a shelter that is safe in that
building with the support of the Lawrence Open Shelter and this community.
Enoch said this building is a few blocks away from the police and if there
were problems, the police would be able to handle them. Also, if there was
a fire, they would be within two blocks of the Fire Department. She asked
that the City Commission try to involve Bert Nash and DCCCA to help the
Coalition in their efforts.
Commissioner Rundle said he would be interested in seeing if the
hospital can provide a break out of the cost that they could attribute to
the homeless population.
Mayor Hack asked if the Commission needed to make a motion on this
issue.
Wildgen said the Commission could make a motion, but they did not
need to take any action.
Commissioner Henry preferred not to take any action. The Lawrence
Open Shelter has not come forward with a request for the Carnegie Library
Building. He said it is his understanding that the majority of the
expensive occurs in the training and not the rent.
(17)
Mayor Hack said the genesis of the proposed policy concerning City
Commission meeting decorum was that she has received phone calls and e-mail
regarding people's abilities to speak, when they can come to speak, and how
long they can come to speak at various Commission meetings. When there is a
large audience to speak about an issue, the Commission has tried to allow
everyone the opportunity to speak by limiting their speech and not repeating
what has been said. There is an enormous amount of time the Commissioners
spend preparing for any issues being discussed.
Another issue that she had received comments on was protesting
certain issues and the civility level in the Commission room. As a result,
she asked staff to look at what other communities do in terms of decorum for
Commissioners, staff, and the audience. She said this is not an attempt by
the Commission or City staff to eliminate any type of public comment or
stifle the democratic process. This was an attempt to bring clarity to a
policy that is already being practiced and to put it in writing. The
Commission is not trying to correct a problem that does not exist or create
new ones, but simply put into a policy that which was already being
practiced to help the Commission, City staff, and the community.
She asked Vice Mayor Dunfield to explain the changes to the
proposal.
Vice Mayor Dunfield said this still was an open question as to
whether we need to get these policies on paper or not. For several years,
those of us who follow the City Commission closely are aware that John
Nalbandian, former City Commissioner and Mayor, established a policy several
years ago, not allowing applause from the audience during public discussion.
The intention behind all of these items is not to stifle speech, but to
encourage it. What we want to do is avoid creating situations where people
feel intimidated about coming to speak before the City Commission. It is a
difficult balance to talk about between, on one hand permitting all kinds of
speech, and on the other hand, not intimidating people who are less
comfortable standing in front of a group. Some of the items on the
four-part list jumped out at him and he wanted to talk about how he would
suggest possible changes.
In all four cases, first of all, that any kind of rules about
decorum will be enforced on a case-by-case basis. For example, in the first
case, shouting, personal attacks and other issues that disrupted the flow of
business may be declared out of order by the presiding Commissioner. He
said not that such speech is always out of order, but that when things get
out of hand, the presiding officer can bring it back under control and that
we understand that is the way things are done at the City Commission
meeting.
The issue of signs, he suggested a change that said, "Signs that
disrupt the flow of business, obstruct the view of citizens or that can
cause injury, may be prohibited within the City Commission Chambers."
In terms of establishing time limits for speakers, he suggested
limiting the number of opportunities for the speaker to address the
Commission on a given agenda item. The reason for this was because we
occasionally do have situations where someone speaks and then someone tries
to rebut and there is no clarity about where that process ends.
Individuals who fail to comply with rules of decorum may be required
to leave the City Commission Chambers.
Vice Mayor Dunfield said those were his ideas and again, it was an
open question and would be certainly happy to hear from people about whether
we should be putting this on paper in the first place.
Commissioner Kennedy said Vice Mayor Dunfield's comments fall right
in line when reviewing the number of issues that the Commission was going to
establish for decorum. He said it was made direct that the Commission was
not trying to stifle any speech, but this is a public meeting and is one
that needs to be done under Robert's Rules of Order.
Caroline Farwell, a former resident of Lawrence, said she believes
that in a democracy everyone should be represented. If a sign is offensive
or disruptive then there is a valid concern. The citizens that have
attended the City Commission meetings have proven that they can use signs
without inhibiting City Commission business. She was shocked to learn that
there may be a ban for signs at Commission meeting going into effect. Not
everyone is able to make a speech at the podium because they may be too shy.
By being able to use a sign it is easier for them to let their voice be
heard. She asked the Commissioners to be opened minded.
Mary Davidson, Lawrence, said she thought the proposed resolutions
were an unwarranted limitation on freedom of speech. Not everyone gets a
chance to speak formally, but holding a sign is very easy and quiet.
Davidson thought applauses should be allowed. If everyone applauded
for a great period of time it would disrupt the meeting, but that is not
likely to happen. It is a method of expression of a political opinion by
showing you agree with another person.
Davidson agreed with the proposed rule regarding shouting, but she
does not hear people shouting.
Davidson had some questions regarding land use and signs. People
propose developments by bringing huge signs and graphs into the City
Commission meeting. She asked if speech would be limited for these issues
too. She said developers were allowed to express themselves however they
wanted, but the public could not.
Sara Thorp, Kansas University Student, Lawrence, said there are many
issues at stake: free speech, self-expression, encouraging popular
participation in government, and if developers are allowed to bring signs
and other visuals to support their arguments. Thorp said she wanted to
address the proper role of the City Commission as a democratically elected
organization representing the citizens of Lawrence. Thorp said she was the
person who held the sign at the recent Wal-Mart meeting with the Planning
Commission. She said she purposely chose not to invite twenty of her
closest friends to make three-minute speeches out of politeness and decorum
so the meeting did not drag out for another hour. At that meeting, she had
a sign and there was a small amount of clapping. The meeting to progressed
without any obstruction or major disturbance. Any rules restricting
expression is simply wrong.
Thorp asked the role of the Commission. In every meeting the
Commissioners listen to different factual arguments. The job of the
Commissioners is not simple arithmetic to see who is accurate and who is
not. The Commissioners are elected to represent the best interests and
desires of the citizens of Lawrence. These are ordinary people and not just
big developers. The Commissioner's role is to listen to all forms of
expression: written, verbal, and visual. All opinions are added to the
factual evidence received before a decision is made that is in the best
interests of the citizens of Lawrence. Last month Thorp said she could have
given a three-minute speech, but she had more then three minutes of opinion
so without obstructing the meeting, she gave four and a half hours of her
visual opinion. If signs and clapping are banned, you'll not only be
clamping down on free speech, but cutting yourself off of vital sources of
information necessary to do the job right. There is only one appropriate
decision and that is reject the ban on signs and applauding.
Phil Minkin, Lawrence, brought a piece of cardboard as a visual aid.
He said cardboard has been historically used by people without easy access
to money and power to express their views on a given subject. People have
used visuals to stop or prevent disastrous wars, save areas in the Country
that need protecting, or to vent their anger and frustration at legislative
bodies.
Minkin said several years ago at a City Commission meeting he
attended when people were trying to prevent the destruction of downtown and
the closing of Massachusetts Street. The attorney for the developer spoke
for forty minutes. The Mayor at the time said that the Commissioners had
heard all that was needed on the subject and then there was a huge outcry
from the assembled people in the audience. At that point, Commissioner
Longhurst responded to a man who said he was a Vietnam Veteran, a citizen of
the United States, and a citizen of Lawrence who demanded that his voice be
heard. Commissioner Longhurst moved that there would be public comment on
the issue. To stifle any type of written or spoken words, then the City
Commission would be opening a can of worms that shouldn't be opened.
A member of the public said he once sat on the Traffic Safety
Commission and could be sympathetic when it comes to people yelling at each
other because it definitely disrupts the flow of the meeting. He said signs
represent respect for ones right to express freedom of speech. He said the
keyword is "respect" on both sides.
Hudson Louis, 3700 Clinton Parkway, said the ordinances drafted are
unconstitutionally awkward and vague. The language that states that signs
disrupt the flow of business, obstruct the view of citizens or cause injury,
he said there is far too much discretion in that language. Any court that
saw that language would take a dim view of it.
Louis said the second issue is that you have to show a compelling
state interest to have any sort of ordinance that impinges on the right of
freedom of speech, and this does. The City Commission meetings are public
forum. It would be hard for the Commissioners to enforce the ban on people
holding signs.
Pat Sinclair, Lawrence, said she suggested that the City Commission
not go any further with rules on decorum. The right to free speech is very
precious in our country. It was given to us by patriots and as patriots we
need to work to preserve this right. The right to free speech is protected
by the First Amendment of the Constitution. Even so it has been under
attack many times and many ways during our history. It is our duty to
protect this precious right even at times like this, it may seem like a
small infringement. She said it's like anything else precious to us, we
need to work very hard to keep it safe.
Sinclair asked the Commissioners what their goal was regarding the
making of these restrictions. She said more communication and dialogue was
needed rather than a more restrictive one. Sometimes she prepares for a
meeting ahead of time and writes her comments out for five minutes. When
she gets there, she finds that comments are restricted to three minutes.
Other times she prepares for five minutes and very few people are there, but
she was told it was in the newspaper that it was only three minutes even
though a Commissioner suggested they go for five minutes.
She had tried with the fireworks ban this year to do a lot of
outside research and tried to bring some facts and figures, besides her
opinion, to the Commission. She was concerned about the time may limit the
number of opportunities to address the Commission. She said she did not
know if that means in a given meeting or over the course of time as she has
tried on that issue to appear at every Commission meeting, maybe to your
chagrin.
Sinclair said she thought communication was always important to
interpersonal relationships, families, work situations, and government.
>From her point of view, it was very difficult to speak to the City
Commission. She often feels like she is speaking to a wall even though
they are good about looking at her and so forth. When she is done she sits
down and that is it, there is no dialogue. For example, she might say,
"Gee, I thought Commissioner Kennedy's remarks might have been out of order
today when he said there is no applause because that was out of order, she
thought, according to Robert's Rules of Order." Yet, when the Commission
gives proclamations, we always applaud them.
She asked the Commission to give the citizens more instead of less
and work for dialogue and open communication.
Jane Gibson, member of the Kaw Valley Greens, applauded Commissioner
Rundle's response in support of addressing the problem of homelessness.
Gibson also applauded the decorum of the audience who has not needed written
policies to constrain them. Restriction of free speech is unconstitutional.
The City Commission is duty bound to protect free speech. Even if other
communities have tolerated rules of decorum in bodies such as this one, that
doesn't mean that Lawrence will do so. Lawrence has a long and proud history
of free speech protection. The City Commission proposed restrictions are
not enforceable. The reasonable expectations of the audience do need
voluntary compliance and that has been shown. Vice Mayor Dunfield draft is
well-meant, but it is not necessary.
Ed Tato, Lawrence, said he was a City Planner for the City of Mesa
and worked directly with City Council members and understands the desire for
decorum by reducing the hours of the Commission meetings. Tato said he is
not big on signs and applauses, but at the same time to prevent those is
leading into the wrong direction. Decorum is nice and useful, but the focus
for the City Commission should not be on decorum. The reason is because in
democracy, decorum is almost opposite to getting at the right answer.
People are always going to be passionate about what they have to say and
they have ways to say it that is different from each other. It is not a
good idea because it is a messy process because of how the goals are set for
the Commissioners.
Tim Miller, Historian, said KU had an eccentric chancellor in the
past and he decided to enact speech, sign and literature restrictions and
the outcome was not good. The City Commission has a solution that is not
addressing the problem.
Commissioner Rundle said whenever the "No Clapping Policy" was
established, he had a knee jerk reaction against it. He said he heard the
philosophy behind it, which was not to discourage the minority opinion not
to stifle or make someone feel intimidated who might say something
unpopular. In a legislative body it's probably appropriate to encourage
discussion. If the intent is to encourage discussion, then he can accept the
clapping ban. Rundle said it would be useful to explain the policy of what
goes on in a City Commission meeting. It is important that the
Commissioners hear testimony and listen to the public as well as state their
own views and to do so without arguing with each other. This would be
useful to keep within our minds.
Commissioner Henry said he has no problem with signs. If they are
disruptive or cause embarrassment to someone else then it is not
appropriate. A sign is an expression of someone's personal feelings. Henry
said he has a problem with any verbal attacks on a person. There is nothing
wrong with applauding to show appreciation for something well said, but
sometimes they are used to intimidate someone who is opposed to that certain
position and can discourage them from talking. Henry said there have been
no problems during his four years and that the City Commission should
continue on.
Vice Mayor Dunfield said he is ambivalent about the issue on
restrictions. At this point, rather than struggle with words and decide how
they are to be incorporated, because we deal with these issues on
case-by-case the City Commission should continue on.
Commissioner Kennedy commented on a policy statement regarding
decorum from the City of Springfield, Missouri that said: "signs or
displays in the meeting room which may obstruct the view of citizens, can
cause injury and affect the decorum may be prohibited within the City
Commission Chambers." He pointed out that a citizen was almost tripped by a
sign that was at that City Commission meeting. Commissioner Kennedy said,
"Bring the signs down, we love to see them."
Mayor Hack said she strongly supports the issue of freedom of
speech. Freedom of speech is not only allowing those opinions to be heard
in which you agree. This is not freedom of speech. This was not an attempt
to prohibit any kind of free speech. She appreciates everyone who attended
the City Commission expressing his or her opinions. Hack concurred with
Vice Mayor Dunfield opinion to move on.
(18)
David Corliss, Assistant City Manager/Legal Services Director,
presented the 2003 draft Legislative Policy Statement. He said next Tuesday
morning the Legislative Delegation would meet with representatives from the
Chamber of Commerce, School District, and the County to talk about priority
statements. He said previously, they asked for suggestions from the City
Commission on the Legislative Statement. He said they had received some bad
news from the Governor with regards to the budget. The statement had been
revised to emphasis the fiscal issues and to make it clear that this is a
priority for this City Commission in communicating to the legislative
delegation, State budget issues. Also included were other items that were
included in the earlier statement as bullet points.
He said one additional item he was asking direction from the
Commission was after the discussions in November, Mollie Mangerich, Waste
Reduction/Recycling Operations Supervisor, forwarded suggestions from the
Recycling and Resource Conservation Advisory Board, which was also
appropriate to add to the statement. He said they were focusing on the
dollar issues and not everything could be a priority.
Mayor Hack said it was a good point in regards to State budget
issues being a priority. If this is not the Commission's priority, then
none of the other issues can be addressed.
Commissioner Kennedy said both him and Vice Mayor Dunfield have been
together for any type of recycling effort that can occur in this community.
The City Commission has challenged the staff of the Recycling and Resource
Conversation Advisory Board to come up with creative ideas to enhance the
capabilities of recycling in this community.
Mayor Hack thanked Corliss for his work. She said the statement was
well written and looked forward to presenting this statement.
Commissioner Henry said this was a well-done statement and thanked
Corliss.
Moved by Henry, seconded by Rundle, to approve the draft 2003
Legislative Policy Statement. Motion carried unanimously.
(19)
Mary Siegrist thanked the City Commission and student representative
on behalf of the Coalition for Homeless Concerns for giving a four-hour
block of their time as a volunteer supervisor at the Salvation Army's
warming shelter and also for donating money to help meet those special
needs. She said they need the public to donate a four-hour block of time,
and they may do this by contacting the coordinator, Steve Ozark, of the
Trinity Luther Church, E-Mail: oztalent@aol.com <mailto:oztalent@aol.com> .
She hopes after the Carnegie building is completely refurbished that it will
be leased to the needs of the homeless.
Mayor Hack received a letter from Bruce Flanders from the Lawrence
Public Library requesting a change in the name from Internet Resources
Advisory Board to Community Information Advisory Board reflecting the
broader scope of the advisory board's community information activities that
once focused solely on internet based information.
It was moved by Rundle, seconded by Dunfield, to adjourn at 4:30
p.m. Motion carried unanimously.
APPROVED:
_____________________________
Sue Hack, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
CITY COMMISSION MEETING MINUTES - DECEMBER 30, 2002
1. 1. Bid - 2002 Waterline Improvements, Phase 1A, Nowak
Construction for $258,309.90.
2. 2. Bid - 2002 Waterline Improvements, Phase 1B, Kahle
Construction for $168,462.40.
3. 3. Fire Station No. 3 - Architect Services to Smalter
Architects/Susan Richards Johnson & Associates.
4. 4. Bid waived - Sanitary Sewer Improvements along N Michigan to
Kahle Inc., for $45,000.
5. 5. Ordinance No. 7614 - 1st Reading, Rezone (Z-09-34-02) 5.58
acres, RM-1, RM-2 & RM- D to RS-2, Pinnacle W Addition, 3900 & 4000 Blk of
W 8th St.
6. 6. Ordinance No. 7597 - 2nd Reading, Floodplain Regs.
7. 7. Resolution No. 6450 - Annex 48 acres, S of Lawrence
Municipal Airport.
8. 8. Resolution No. 6451 - Condemnation, E of Haskell, N of 12th.
9. 9. Term Expiration Date for Neighborhood Resources Advisory
Committee to Dec. 31st.
10. 10. Mortgage Release - 205 N 5th, Warren & Margaret Brun.
11. 11. Subordination Agreements - 1808 W 22nd, Sharen Edmonds.
12. 12. Subordination Agreements - 1032 Lawrence Ave, Barbara
Wiseman.
13. 13. Subordination Agreements - 1072 E. Home Circle, Reginald &
Nicole Demby.
14. 14. Drinking Establishments & Various CMB approvals.
15. 15. Bull Winkles discussion - CMB.
16. 16. 2003 City budget issues defer for 1 week.
17. 17. Carnegie Building discussion.
18. 18. City Commission meeting decorum discussion.
19. 19. Draft 2003 Legislative Policy Statement.