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Smoking-ban question is set for April vote

By Russ Morgan (Contact)

Thursday, February 5, 2009

Emporia City Commissioners passed a resolution to put the smoking ban ordinance on the ballot for the April 7 election at their regular meeting Wednesday afternoon.

Resolution 34-06 places the question on the ballot after opponents to the ban collected over 1,000 signatures of registered Emporia voters in a petition drive started after the oridinance was passed in December.

The question will appear as follows:

Should the following ordinance, or resolution, become effective?

Ordinance #08-44

An ordinance amending section 16-218 of the code of the city of Emporia, Kansas, 1983, prohibiting smoking in public places and places of employment within the city of Emporia, Kansas and repealing said section as it existed prior to the adoption of this ordinance.

A majority “Yes” vote will put the ban ordinance into effect; a majority “No” vote will prevent it from becoming effective.

Commissioners also approved an ordinance enacting new procedures for preventing storm water pollution.

The ordinance is part of a push by the Environmental Protection Agency to change how cities deal with storm water runoff. Emporia is one of a group of cities scheduled to pass the legislation to bring the city into compliance with the agency’s Clean Water Act.

City engineer Mike Novak said the ordinance will address illicit discharges into the storm water drainage system.

“That’s the question you have before you today, that enacts that ordinance that causes the prohibition of polluting storm water through rainfall events,” Novak said.

Novak said the city already is holding meetings with business owners whom the ordinance will affect, including car wash owners and businesses with large parking lots that must be kept clear of trash.

Novak also said the goal for this year will be to educate businesses and the public about the particulars of the ordinance instead of immediately instituting fines.

“The goal here is to work together to educate and inform folks and for people to do things a little differently than maybe they’ve done in the past to not contribute to pollution in the storm water relevant to the way they maintain their homes and businesses,” Novak said. “Education, outreach, public participation are things that are critical to the success of the ordinance.”

Commissioner Jeff Longbine said he is encouraged by the city’s efforts to educate the public about the new ordinance.

“... I do like the approach that we will proactively educate people on how to deal with this ... and I would encourage the community to make itself aware of this and to take advantage of some of the educational opportunities they have,” Longbine said.

Novak said any questions from the public can be directed to Fred Gaede at the city engineer’s office, 343-4260.

The commission also opened two public hearings, one on the creation of a Transportation Development District and the other on the creation of a Tax Increment Financing district northeast of 24th Avenue and Industrial Road. Both hearings were continued to the commission’s regular meeting at 7 p.m. Feb. 18 because some details of the final development plan have not yet been worked out.

In other business, commissioners:

• Awarded a bid to Masek Golf of Gering, Neb., to lease 20 2009 Yamaha YDRA golf carts for five years in the amount of $10,700 per year for the municipal golf course.

• Authorized the mayor to sign a proclamation declaring Feb. 13 as Emporia State University Day. The university will be celebrating its Founder’s Day on that day, 147 years after the school was established as Kansas State Normal School.

• Authorized the mayor to sign a proclamation declaring Feb. 23 through 27 as National TRIO Week in honor of ESU’s three TRIO programs. The programs are designed to help disadvantaged high school and college students in the pursuit of their educations.

Comments

Steve_Corbin (anonymous) says...

Now that the city commission has ok'd the petiton & it's wording on the April ballot, will they do the right thing?

Will they delay the date of the ordinance taking effect until after the election?
It is only 34 more days.
And it gives the voters a chance to vote on this, something all the commissioners, except Julie Johnson, said they hoped would happen.
Guess we will find out at their session next Wed.
Steve Corbin

February 5, 2009 at 3:03 p.m. ( permalink | suggest removal )

slvrnblck (anonymous) says...

While I am happy that the issue is on the ballot I think it would be nice to have the 30 days of smoke free restaurants and bars so that people can see the difference. Go ahead and put the ordinance in as agreed by the commission and let the public test it out before making a final decision.

February 5, 2009 at 4:02 p.m. ( permalink | suggest removal )

slvrnblck (anonymous) says...

crack--

You start off making a good solid arguement and then WHAM you have to get that extra shot in.

I agree with you most of the time but half the reason the anti-ban people pick on you is for that last comment you made.

I don't want to judge you or anything like that and I want you to keep fighting the good fight but I think it weakens our side when we resort to jabs even if we say them in jest.

February 5, 2009 at 4:48 p.m. ( permalink | suggest removal )

admireed (anonymous) says...

Now the big tax monies come out to buy advertisements for/against ban.

Can a score be kept $$$$ on what the pros and cons spend?

February 5, 2009 at 5:10 p.m. ( permalink | suggest removal )

methusla (anonymous) says...

slvrnblck- You are absolutely right about crack and her/his continuing sarcastic, snide remarks, which is why I for one have absolutely judged her/him as someone who absolutely cannot see the oppositions view and posted facts and that is why I absolutely label her/him as a tyrant, despot, dictator, oppressor and totalitarian. He/she has the attitude and mind set, that he/she is absolutely right, and it would not make any difference if it were a smoking ban or what ever agenda that crack happened to support. I happen to believe that the current proposed smoking ban is a violation of an individuals personal rights and nothing more than a show of power and the taking away and oppressing a certain segment of peoples and businesses individual, personal rights is or will be the result if this particular ban is approved. To me there is nothing more sacred than an individual citizen of the United States than their freedom to excersize their personal rights without unnecessary or undue interference to do so, from an individual or group of individuals or such individuals forcing any government to interfere in the personal rights of individual citizens, certain segements of citizens or citizen owned businesses. As I have said before many times, banning smoking is not going to prevent anyone from becoming ill, contracting cancer, heart disease, etc.. There are just to many various elements in every day life one is exposed to, either by accident, on purpose or on the job to absolutely believe banning smoking is going to prevent anyone from contracting a disease or become ill. I don't like the fact that people get ill, contract a disease, etc. and any of them may be fatal, but that is all part of life and living. Living life everyday is a risk in itself and no one can control the amount of time they have on this earth, only God has that knowledge.
I live my life to enjoy it to the utmost and don't worry about whether something is going to make me ill, or fatally diseased. My God will let me live as long as he sees fit and I accept that, therefore I believe that noone has the right to force anyone to live by their beliefs or way of life. That is not the way the founding fathers or God intended life to be.

February 5, 2009 at 5:24 p.m. ( permalink | suggest removal )

seriouslyfolks (anonymous) says...

I seriously don't think people need a trial period to see what it's like. If you want to know what it's like to be in a smoke free bar go to one and that is what it's like. If you want to see what it's like to be in a smoke free resteraunt go to one and that is what it's like. Are people seriously so dim witted that the can't figure out what it will be like without a trial period. A trial period? Seriously?!

Seriously?! That's a good arguement? Seriously!?

Ha Ha! Seriously?!

February 5, 2009 at 5:35 p.m. ( permalink | suggest removal )

josiesbar (anonymous) says...

Crack,

Once again, you proved me right. This ban has nothing whatsoever to do with air quality and everything to do with a holier-than-thou attitude.

There will be no increased revenue. I think you know that, and I think you're making that remark in jest. I think you are HOPING more bars will close. I'd put money on it that CAE and EDA is.

Admireed-- Emporia Open For Business has spent zero tax dollars parading against the ban. All money spent was from private business owners. I can't speak for CAE and EDA. Maybe someone from one of those organizations could get on here and explain where the funds came from.

Slvrnblk, Even though you are for the ban, thank you for having the understanding that this should come to a vote. I will, however, disagree that we need a "trial" period. I feel, like seriously, that if you want to go out to a non-smoking restaurant, then by all means go to one. This is one of the main reasons why I feel the ban is unnecessary.

Matt

February 5, 2009 at 6:10 p.m. ( permalink | suggest removal )

eatasheep69 (anonymous) says...

I think the trial run would be more useful for the businesses that think that they will lose all of their business if the ban passes.

February 5, 2009 at 6:12 p.m. ( permalink | suggest removal )

Pingeon (anonymous) says...

Why the need for a trial run? It would be a false run. As other places that have a smoking ban have said, business will pick up for a short time. People that don't smoke will come out and kick the tires. After that, business will drop off to levels lower than before the smoking ban. The non-smokers will not replace the smokers business 100%.

You could make the argument that how do you know Emporia will be like that until we try. Maybe a valid argument. However, I cannot believe that Emporia will be any different from other places that are roughly the same population.

With the state of the economy and everything else going on, I don't believe this is the right thing to spend taxpayer money on right now. Obviously, I don't think there is ever a right time to spend taxpayer money on this. However with the deficit we are facing and the loss of business in general everywhere else, I think the lawmakers and CAE need to worry about other things first.

February 5, 2009 at 6:45 p.m. ( permalink | suggest removal )