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Commissioners: No Fireworks in Hays

City Commissioners discuss fireworks at Thursday's Council meeting.
City Commissioners discuss fireworks at Thursday’s Council meeting.

The Hays City commission voted on Thursday night against allowing fireworks to be sold or shot it town.

Only one vendor addressed commissioners, encouraging them to wait to make a decision.

Commissioner Ron Mellick made the original motion to suspend the sale and use of fireworks for 2013.  Mellick said, “I want to suspend fireworks because of the ongoing drought. The biggest thing is that last year we waited until the last moment and it was extremely dry and the mayor had to make that decision to ban fireworks.  We had a meeting open to all vendors and citizens in August on what we should do. The vendors said we needed to know ahead of time, at least 30 to 45 days. Now some of those same vendors and volunteers are sending email saying something else. We need to do what the vendors and volunteers told us last August.”

Vice Mayor Henry Schwaller said during the work session he would base his vote on what the county did. “We need to work with the Ellis County Commission to adopt a policy that is county wide. Unfortunately the decision that two of the county commissioners made Monday night puts us in a very difficult situation but I’m going to stick to that and not vote for the ban. While I disagree and feel that a ban is very important this time because the precipitation for the year is woefully short compared to other years.”

Mayor Kent Steward said he was looking at the County’s ban differently than Schwaller. “I’m not anti fireworks. I’m hoping next year we can return to normal.  Fireworks are always dangerous but the fourth of July is tradition. The thing where I draw a different conclusion(with Schwaller) is that I think the County Commission made a mistake. I don’t agree with what they did but that is their right and I would encourage the citizens of Hays to go into the county and buy fireworks and shoot them in the county. That’s fine with me and the county may change their minds on that.  If we have torrential downpours we can always do what commissioner Phelps suggested and amend the ordinance at a later date.  If we see the drought end that would be a great thing.”  Steward also said he thought the city commission was missing an opportunity and risking sending a mixed signal. “Commissioner Schwaller, about a month ago, made the comment that people should not be planting things this year.  It concerns me that as we move forward and try to impress on the public how serious the situation is with this drought and then we turn around and say we are going to let you shoot off fireworks. I worry it really undermines the message we are trying to deliver about wiser use of water.”

Police Chief Don Scheibler also was on hand to address the fireworks issue.  He said, “It’s always a problem. Whatever rules we lay out, we are always going to have a violation of rules.  The biggest problem we (police department) had last year was with the vendors being upset.”   Mayor Steward asked Chief Scheibler if a total ban was easier to enforce?  “Yes, a total ban makes it much easier,” said Scheibler.”

Commissioner then voted 3-2 to ban the fireworks.

In other business, Commissioners approved the purchase of a shade structure for the Bickle-Schmidt Sports Complex to be funded from the Bickle-Schmidt Sports Complex budget.

Commissioners approved returning the rezoning request back to the Planning Commission for additional consideration of all 8 factors required by the Kansas Supreme Court, including the character of the neighborhood and the zoning and uses of nearby properties and how they relate to the remaining Agricultural zoned property.

Commissioners approved Ordinance No. 3862 assessing the cost of services rendered for sidewalk repair, and determined the assessment should be paid in full.

Commissioners approved Resolution No. 2013-013 providing for a notice of public hearing to be held on June 13, 2013 to consider proposed special assessments.

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