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City tables fireworks decision

Marion City Commission tabled two decisions Monday regarding fireworks within city limits and renewal of the city's insurance premium.

Darvin Markley addressed the commission regarding the discharge and sale of fireworks for Independence Day. He stated he did not want to sell the fireworks but wanted the commission to "give something back to the people."

Markley presented a copy of an article relating picnics, parades, and fireworks to the July Fourth holiday and "enjoying the nation's birthday party."

Dan Baldwin, city attorney, said state laws dictate the rules. He suggested the city look at Hillsboro's ordinance, adopted last year, for possible guidance.

David Mayfield, city administrator, commented the only response he had regarding fireworks was from "a lady in McPherson wanting to sell them in Marion."

Mayfield read an example of regulations for temporary fireworks stands which would not allow the stand in residential districts, within 100 feet of a residence, and specify width of the isles within the stand. Specific days of selling would be determined.

Michel Soyez, police chief, said he would rather sell the fireworks in Marion so his department knows what people may be discharging.

"People go to other places to purchase the fireworks," said Soyez, "They bring the fireworks back to Marion and shoot them. When we sell them locally, we can control what's sold."

Soyez also stated there probably will be more injuries but added, "You can't protect everybody from themselves."

The commission instructed Baldwin to draft an ordinance for Monday's meeting.

Casey Case of Case & Son Insurance Company, the city's insurance carrier, reported the premium for 2004-05 has increased 16 percent. The premium for 2003-04 was $82,938. The proposed premium, with the same coverage and no changes, would be $96,178.

Property insurance had an increase of 14 percent. Due to a police car hitting a deer, the city's auto insurance took a $5,500 jump.

The Lineback policy for errors and omissions increased 55 percent, Case reported, due to a pending lawsuit.

"Until the lawsuit is settled, the reserve will be considered a loss," Case said. The reserve is $20,000.

Case presented two options to slightly lower the city's premium. By increasing the deductible from $500 to $1,000 for property losses and eliminating the additional $1 million umbrella policy, the city could save $4,563.

The umbrella policy provides an additional $1 million total pay-out each for auto and liability claim.

Case stated 27 percent of all cities in Kansas carry the umbrella policy. Mayfield asked if the cities with the policy were large or small cities. Case said he did not know.

"Most increases are due to exposure and losses," Case said. He stated workers' compensation, Linebacker, and auto losses contribute to the increase. Without the increased exposure, the insurance would have increased four percent.

The city reviewed city property last year and updated as necessary, Case said.

The policy will run from April 1, 2004 to April 1, 2005.

The commission asked Case to determine the cities that have the umbrella policy as large or small, and the number of losses in the past year.

"I'm not crazy about dropping the umbrella coverage," said Martin Tice, mayor. "It would take a long time to make up a million dollars."

In other business:

— Mayfield reported Marion City Library received damage to equipment this past Wednesday due to a lightning strike. Seven out of nine computers were affected as was a server and battery backup for the computers.

Great Plains Computers and Networking was contacted and is surveying the damage.

The items are covered by insurance with a $500 deductible. It was determined lightning came through the Internet service.

— Thad Meierhoff, fire chief, reported the receipt of 400 feet of two-and-one-half inch fire hose. The hose is 10 years old.

Meierhoff thanked Lester Kaiser for obtaining the hose from Kansas State Forestry.

It replaces 30-year old hose that was blown out during the Hillsboro Mennonite Brethren Church fire.

— Kansas Department of Transportation will replace signs on East Main Street with reduced speed limit signs.

Signs will be removed from U.S.-77 and K-256 during the construction of U.S.-77.

— Mayfield reported he will make an application for a grant for security fencing around the water plant and city shops.

The Kansas Highway Patrol is processing Homeland Security grants for cities. More than $2 million in grant money is available for cities.

The fence will be 10 feet high with an electronic key pad at the security gate. Approximate cost is $30,000 to $40,000.

The city will provide the electrical service as an in-kind match for the grant.

— Harvey Sanders, public utilities director, reported he attended a Kansas Municipal Energy Association meeting. Sanders said a power pool is being discussed by cities with some cities already participating. Cities with electrical generation capabilities are distributing electricity through existing lines to other cities.

Sanders said city crews have done a good job in assisting with cemetery work in preparation for Memorial Day.

The city swimming pool will be filled today. Repairs need to be made to the baby wading pool.

— Baldwin said he will attend a seminar on easements and is still looking for a surveyor for the city.

— The April investment and collateral report and financial statement were approved.

— Warrants in the amount of $27,968 and payroll in the amount of $24,390 were approved.

The next commission meeting is 4 p.m. Monday in the city building.

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