City asked to draft smoking ban

By ANDREW NASH
Posted Feb 24, 2010 @ 12:25 AM
Last update Feb 24, 2010 @ 12:26 PM
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Should the City of Pittsburg ban smoking in enclosed public places?

City attorney Henry Menghini said Tuesday that he had not seen so many people at a Pittsburg City Commission meeting since the meetings had moved to the Beard-Shanks Law Enforcement Building early last year.
The larger home did not seem to matter, as the meeting began with a standing-room only crowd there to express support for an ordinance banning smoking in enclosed public places. Members of Citizens Against Smoking pressed the commission to draft and pass an ordinance similar to that of other Kansas cities including Newton, Lawrence, Garden City, Shawnee and Derby. In fact, the members brought copies of those cities’ ordinance as a guide for the commission.
Cathy Newby and Kim Wilson, both members of Citizens Against Smoking, told the commission that Joplin, Carthage and Webb City were all likely to consider similar ordinances in the fall. More locally, they said one local bar had opened as a nonsmoking bar (The Jungle) and that another local restaurant was taking measures to move in the same direction (Chatters).
Roughly one year ago, on Feb. 24, 2009, the group had addressed the commission to ask for a similar measure. However, the commission decided to sit on the issue because of pending similar legislation in the Kansas Legislature. That legislation has passed the Kansas Senate and is pending action in the state House. The next action in the Kansas House is likely to come Thursday.
"We would like to leave here knowing another," Newby said. "We won't wait another year. We want to present this to you. We want a vote in the immediate future."
The council directed the staff to look into investigating the ordinances and drafting an ordinance for the commission to consider.
After the meeting, Mayor Rudy Draper indicated that consideration of the ordinance would likely take place within the next 30 days so it could be decided before he leaves for his deployment to Africa.
"This is something that does affect a number of businesses," said commissioner Patrick O'Bryan. "This is not something to be taken lightly, as it affects people's livelihoods. The city needs to look into these ordinances. There are plenty to choose from. There are a lot of gray areas. Do we leave those open or shut it tight, etc., etc."
The city commission also received a donation from the Pittsburg Pepsi-Cola Bottling Co. for land and from Pittsburg Beautiful to help create a trailhead for the proposed rails-to-trails project from 11th and Broadway streets to Second and Georgia streets. The city also received an update on the project, which would turn former Watco rail lines into public walkways.
Jim Bush, with Pittsburg Beautiful, offered on the group's behalf to purchase iron arches for the trailhead, benches, bike racks, all necessary plant life, seeds, grasses and a sprinkler system using grants and the group's own funds.
"I think it's a great public service all of you at Pittsburg Beautiful are doing," O'Bryan said. "You are an important example of individuals who have a vision and want to accomplish something. I applaud you for your valuable service."
The city also passed a resolution to begin work on the improvement of Quincy Avenue from Broadway to Stilwell streets. Bill Beasley, director of public works, said that the project isn't on the city goals until 2013.
The plan calls for widening Quincy to three lanes. Beasley told the commission that the project will eventually require property acquisition, utility relocation and design work. The project only goes to Stilwell and not to Rouse in order to maximize state funding.
Tuesday's resolution gives city staff the go-ahead to begin investigating the project and to start moving forward.
In other news, the city commission:
• declined to pay the final payment for Fire Station No. 1 and the Beard-Shanks Law Enforcement Building to the contractor. Commissioner Bill Rushton said there were still unresolved issues, including heating and air conditioning problems in the law enforcement building, that had not yet been solved and that the city would find it harder to get those issues solved if all payments were complete. Rushton also said that he believed Crossland Construction had done a good job, but that he wanted to make sure the final problems were addressed before paying off the project.
• approved a low bid of $70,280 by Home Center Construction to remove and replace the stairs of the Memorial Auditorium to create a new drainage system and install an electronic ice melt system on the stairs.
• renewed the dance hall license of Mooreman's.
• approved an increase in the contract with PEC in the amount of $16,567.63 regarding the Atkinson Road Bridge project, which will replace the bridge with a four-lane bridge in advance of the potential relocation of U.S. Highway 69.

Andrew Nash can be reached at andrew.nash@morningsun.net or by calling 231-2600 ext. 132.

City attorney Henry Menghini said Tuesday that he had not seen so many people at a Pittsburg City Commission meeting since the meetings had moved to the Beard-Shanks Law Enforcement Building early last year.
The larger home did not seem to matter, as the meeting began with a standing-room only crowd there to express support for an ordinance banning smoking in enclosed public places. Members of Citizens Against Smoking pressed the commission to draft and pass an ordinance similar to that of other Kansas cities including Newton, Lawrence, Garden City, Shawnee and Derby. In fact, the members brought copies of those cities’ ordinance as a guide for the commission.
Cathy Newby and Kim Wilson, both members of Citizens Against Smoking, told the commission that Joplin, Carthage and Webb City were all likely to consider similar ordinances in the fall. More locally, they said one local bar had opened as a nonsmoking bar (The Jungle) and that another local restaurant was taking measures to move in the same direction (Chatters).
Roughly one year ago, on Feb. 24, 2009, the group had addressed the commission to ask for a similar measure. However, the commission decided to sit on the issue because of pending similar legislation in the Kansas Legislature. That legislation has passed the Kansas Senate and is pending action in the state House. The next action in the Kansas House is likely to come Thursday.
"We would like to leave here knowing another," Newby said. "We won't wait another year. We want to present this to you. We want a vote in the immediate future."
The council directed the staff to look into investigating the ordinances and drafting an ordinance for the commission to consider.
After the meeting, Mayor Rudy Draper indicated that consideration of the ordinance would likely take place within the next 30 days so it could be decided before he leaves for his deployment to Africa.
"This is something that does affect a number of businesses," said commissioner Patrick O'Bryan. "This is not something to be taken lightly, as it affects people's livelihoods. The city needs to look into these ordinances. There are plenty to choose from. There are a lot of gray areas. Do we leave those open or shut it tight, etc., etc."
The city commission also received a donation from the Pittsburg Pepsi-Cola Bottling Co. for land and from Pittsburg Beautiful to help create a trailhead for the proposed rails-to-trails project from 11th and Broadway streets to Second and Georgia streets. The city also received an update on the project, which would turn former Watco rail lines into public walkways.
Jim Bush, with Pittsburg Beautiful, offered on the group's behalf to purchase iron arches for the trailhead, benches, bike racks, all necessary plant life, seeds, grasses and a sprinkler system using grants and the group's own funds.
"I think it's a great public service all of you at Pittsburg Beautiful are doing," O'Bryan said. "You are an important example of individuals who have a vision and want to accomplish something. I applaud you for your valuable service."
The city also passed a resolution to begin work on the improvement of Quincy Avenue from Broadway to Stilwell streets. Bill Beasley, director of public works, said that the project isn't on the city goals until 2013.
The plan calls for widening Quincy to three lanes. Beasley told the commission that the project will eventually require property acquisition, utility relocation and design work. The project only goes to Stilwell and not to Rouse in order to maximize state funding.
Tuesday's resolution gives city staff the go-ahead to begin investigating the project and to start moving forward.
In other news, the city commission:
• declined to pay the final payment for Fire Station No. 1 and the Beard-Shanks Law Enforcement Building to the contractor. Commissioner Bill Rushton said there were still unresolved issues, including heating and air conditioning problems in the law enforcement building, that had not yet been solved and that the city would find it harder to get those issues solved if all payments were complete. Rushton also said that he believed Crossland Construction had done a good job, but that he wanted to make sure the final problems were addressed before paying off the project.
• approved a low bid of $70,280 by Home Center Construction to remove and replace the stairs of the Memorial Auditorium to create a new drainage system and install an electronic ice melt system on the stairs.
• renewed the dance hall license of Mooreman's.
• approved an increase in the contract with PEC in the amount of $16,567.63 regarding the Atkinson Road Bridge project, which will replace the bridge with a four-lane bridge in advance of the potential relocation of U.S. Highway 69.

Andrew Nash can be reached at andrew.nash@morningsun.net or by calling 231-2600 ext. 132.

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