By Lucky Kidd
HUTCHINSON, Kan. — In response to a recent Kansas Supreme Court decision, the Hutchinson City Council Tuesday approved an ordinance that adds disturbing the peace provisions to the city’s code. In a case out of Wichita, the Supreme Court struck the language “noisy conduct” as being overly broad and in violation of the First Amendment.
The ordinance is intended to create a tool for law enforcement to address noise issues while at the same time not infringing on constitutional rights. It also includes a provision that exempts necessary rounds occurring as part of a functioning community, ranging from construction operations to school events, to emergency vehicles.
During discussion, there were concerns voiced about whether this would apply at all hours or certain hours, this related to ongoing discussions about stronger noise ordinances that were brought up during public comment, and whether it would be used in a discriminatory way.
The Council authorized issuance of up to $3.825 million in general obligation bonds for two projects. The Largest part of this is for Phase 2 of the Woodie Seat Freeway project which will convert the existing Avenue A interchange to a roundabout that would also connect to the intersection of A and Adams. Also included are safety renovations for City Hall.
Remaining ARPA funds from Phase I of the Woodie Seat project will be used on this project, and while the actual cost is expected to be less than what is being authorized, this does allow for contingencies, and it also allows expenses to be paid before bonds are issued. It’s anticipated this will be included in a larger bond issue in the spring to reduce bonding costs.
Two Planning Commission recommendations were approved by the Council, one of which is a rezoning of a property at 220 South Washington from Downtown District to Special Commercial. This would allow an existing warehouse building to continue to be used for that purpose. Because it’s been vacant for more than a year it lost it’s legal non-conforming status.
It also agreed to vacate part of a platted but unused utility easement on a property at 2606 North Van Buren to allow construction of a shed that otherwise would meet required setbacks.
The Council appointed Angie Zwickl and Donna Davis to the Hutchinson Housing Commission to fill positions held by Kelly Anne Lanham and Lisa Gleason, who are coming off that board at the end of the year as they have served their maximum two three-year terms.
