Archive for Thursday, April 7, 2011

Lot ordinance necessary

April 7, 2011

Did the Bonner Springs City Council cave into the crowd from a local bar as the article in The Chieftain seems to say? Is really “unfair” as the bar owner asserts to limit the use of the public parking lot to four times a year and to require a permit and a fee to do so? It is illegal not to do so?

Is it really too much to ask that business owners adhere to the law when operating their businesses; that they restrict their operations to their own property; that they not disturb neighbors, residents, churches and other businesses with their activities?

Has someone forgotten that residents and individual property owners have a right under common law to the use and enjoyment of their property? Has the council forgotten that for four years residents have appeared in person, and by petition before the city council, to question the appropriateness of private businesses using public, tax-supported parking lots — without cost to the business for private, profit-making endeavors?

Is it in the best interest of the community for the city council to provide preferential treatment for one business that seems to think it should have what it wants, simply by asking; or is it asking? It begins to appear more like persuasion by intimidation.

And if the city council is intimidated by the “crowd of supporters of events” for the bar, what are the residents of this community supposed to do?

The council has been presented with an ordinance to limit the use of the public parking lots. It was well researched and clearly written. It is an ordinance that is fair and uniform to all businesses and brings this city into compliance with surrounding cities, none of which allows or provides the use of their parking lots for private business use. The liability to the city is inherent in such use.

It has been asserted that the ordinance is vaguely written; it is not. It has been suggested that the ordinance is “unfair.” It is clearly fair in that it provides for any use of the public parking lots by private, for-profit businesses at all. There is no legal basis, without the ordinance, for allowing any use at all — particularly where residents have protested such use.

The ordinance clearly defines the use, scope, time frame, definition of both profit and nonprofit businesses as well, the need for permits and the requirement of a fee. In addition it requires that such use be regulated — as it should be.

Why then has this ordinance not passed? It is not the fault of the ordinance, which is badly needed and clearly written. It would correct an issue that has driven a wedge between people in this community for more than five years, has pitted friend against friend, neighbor against neighbor. If it is not intimidation, then what is it?

Comments

justawalkin 8 years, 7 months ago

I just had to jump in and say, "Right on, Rae!" This issue has drug out far, far too long. And enough's enough.

Even though each and every citizen of Bonner Springs may appreciate and support the 'cause' generating these events, there has to be a better way, better judgement exercised, -- and not at the expense of our citizens as it has been for so long.

"Right on, Rae!"

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wanabats 8 years, 7 months ago

I am sorry but I have been to 3 meetings and the questions that arise leave the council members more confused, as well as others. In attendance were only the ones against the ordinance spoke. I would have loved to hear from the ones that approve it.

For one to say it is clearly written is an incorrect statement. There are many questions that have not been answered because of the vagueness. The ordinance states that the fee would be $100-$500 where the use of the city parks with restrooms, shelters, playgrounds etc is less than $100.00. Which lead to even more questions without answers. It has been mentioned many times that is not exactly fair to pay $100-$500 just for 2 parking spaces (The room needed to set up a band) Since the fee is not set what makes an event cost $100 & another cost $500. Is it legal to charge - yes, but why would the parking space price differ from event to event? (that is what is in question of legal matters) City Council did not know any answers or actual cost. If the ordinance was so clearly written this would have been explained not tabled .

Another reason for another tabling of the subject is limiting the number of events to 4 a year. A member of council stated that an organization/foundation could host an event on said parking lot. However, the said “BAR” could not be affiliated with event or it would be counted as one of its 4. Which is a contradiction due to the fact the event would not be taking place in lot if it were not for the “BAR”. With my experience in small towns the city will be cutting their own throats if they limit the events. I know you want to keep your town a small community completely understandable, however by doing so you are not allowing the thousands of dollars of outside money that is brought into Bonner Springs. The participants many times wonder the city and spend money at other establishments – not just the “BAR”.

The previous mentioned are just a few issues that lead to more questions that are still waiting for answers.

On a personal note I would like to address the persuasion by intimidation statement in the above article was very insulting. We as children are taught not to judge a book by its cover and here you are doing just that. Some of the gentlemen that attend said “BAR” may look a little rough around the edges but they are the ones with the biggest hearts – GENTLE men. I am proud to say that many are my friends.

May I also add that this issue may indeed be hiding another that is why it has been going on for so long Is it really about parking lot usage or a noise ordinance? I am for a compromise but until the city and its people admit the actual problems and get on the same page or better yet get in the same book the debate will continue.

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