University Daily Kansan / Friday, December 7, 1990
5
Keith ThorpeKANSAN
And what would you like for Christmas?
Brandon Turner, 4, tells Santa Claus what he wants for Christmas during a Christmas Party at the Boys and Girls Club of Lawrence, 1520 Haskell Ave. Joshua Mistler, Boulder, Colo., sophomore, who played Santa, gave out presents to about 50 children who attended. The party was sponsored by the Phi Kappa Psi fraternity and the Boys and Girls Club.
Judge hears lawsuit debate
By Elicia Hill
Kansan staff writer
A motion to dismiss a lawsuit challenging the South Lawrence Trafficway bond vote was heard in Wainwright County District Court yesterday.
District Judge Mike Malone said he would decide next week whether the case should go to court Dec. 17.
Both sides debated the merits of their respective cases at the hearing.
vice president, teaching
Citizens for American
Environmental Safeguards,
along with Tim Miller and Patty Boyer,
Douglas County residents, filed the
lawsuits Nov. 12 after voters approved
the trafficway in elections Nov. 6.
On Monday, CARES was dropped from the suit and Les Blevins Sr., a retired Lawrence businessman, was added as a co-aintiff.
The lawsuit stated that the explanatory statement of the trafficway ballot was biased and influenced voters to approve the trafficway.
Bob Fairchild, the county's attorney,
told Malone the case should be
dismissed because the bonds had been validated by the Kansas Supreme Court and because the election was not binding.
"The county commissioners, although they had good intentions, could not legally bind themselves to the election," he said. "The Kansas Supreme Court did not specify that the county had to hold an election. The county had good intentions, but they were negligible promises."
He did not argue whether the explanatory statement was biased.
"The plaintiffs' motivation about the explanatory statement is self-serving and capricious," he said.
the explanatory statement is self-serving and capricious," he said. "Although only one person complained about the statement before the election, there was no attempt by plaintiffs to file a judicial action suit."
Strole contends that the tax levy for the trafficway bond is illegal because an unfair election is no election at all.
Don Strole, attorney for the plaintiffs, said the key to the problem was that the county agreed as a precondition in the Blevins vs. Hiebert case earlier this year that it would conduct an election for the trafficway.
In Blevins vs. Hiebert, Blevins sued the county for the right to vote on the $4-million bond for the trafficway.
In July, the Kansas Supreme Court ruled that the county could keep the bonds but that it was an abuse of the law. The state's court to issue the bond without a vote.
Stole argued that Blevins believed the county when it said it would abide by the outcome of the vote.
"As a matter of public policy, whether an election is binding or advisory, you cannot allow an unfair election." Strode said.
Malone asked Fairchild, "If an advisory question is worded unfairly, what redress do taxaxpers have?"
Fairchild said voters could call the commissioners and complain.
Council rejects plan for parking
Members want spaces on Saturdays
By Yvonne Guzman
Kansas staff writer
Members of University Council said yesterday that they were tired of having no place to park and that they were concerned that KU's Parking Facility was not being used as much as it should be.
Kansan staff writer
Council yesterday also rejected recommendations by the KU parking board that Saturday morning parking restrictions be lifted from bluezone parking and parking at $10 permits for parking in the facility built last year.
Council approved recommendations to designate six spaces in Lot 51, which is near JKHJ the Sudler Annex, for KJHK use only, and to change blue-zone restrictions, which are 7 a.m.-5 p.m. to 8 a.m.-4 p.m. Council also changed the hours that Jayhawk Boulevard is closed to traffic from 8 a.m.-4 p.m. to 7:45 a.m.-4:45 p.m.
Council members said that Saturday mornings were the only times they were able to park near their offices.
The board had recommended that Saturday morning restrictions be lifted out of courtesy to campus students, but the tickets issued Saturday mornings.
Don Kearns, director of parking, said it was bad public relations to give tickets to guests, many of whom are alumni.
But some Council members said that if the restrictions were lifted, students' cars would fill the jots.
Instead, they suggested that the board consider finding one parking lot that was underused and designate it for visitors only. The rest of the blue-zone restrictions would stay intact
A proposal by the board to issue special $10 permits for parking in the garage stimulated discussion about how much the garage was used.
J. Bunker Clark, professor of music history, said that instead of issuing permits for the garage, the board should consider reducing its 50-count daily rate to 25 cents so that more people would use the garage.
Council passed a resolution asking the board to discuss the possibility of reducing rates.
The $10 permit for the facility was suggested to prevent people from sharing the current permit, which is used for your chase of a regular parking permit.
Two departments want area near Dole Center
Kansan staff writer
Bv Mike Brassfield
However, some people would rather see the lot removed and the area turned back into the athletic field.
The KU parking department wants to make a permanent parking lot out of a temporary lot situated between the Computer Services Facility and Watkins Memorial Health Center.
The 77-space gravel lot was built as a temporary measure during the construction of the Dole Human Development Center, which is north of the Donna Hullie, assistant director of parking.
During the construction, access to the lt behind Haworth Hall was closed off, causing a parking situation.
She said that although the lot originally was intended to be temporary, it should be made permanent because the addition of the Dole Center is the number of people who parked in that area of campus.
"We would like to keep it," she said. "A lot of people who work in Dole were reassigned from other parts of campus. With all the bodies going into Dole every day, it really impacts the parking situation there. The lots in that area are pretty full."
But James LaPoint, acting chairperson of health, physical education and recreation, said he thought that the gravel lot should be removed and the same field that was situated there should return.
"It was our understanding that the area would be returned to green space in the fall of 1906," he
The department of health, physical education and recreation uses the field to teach its classes, he said. The field also is used for recreational sports activities such as softball and football.
LaPoint said that when the lot was built, Judith Ramaley, former executive vice chancellor, assured the department that it would be a temporary measure.
"The lot is right in the middle of the area we use, and we have to work around it," he said. "We need the outdoor space, so we would like to see the lot removed. It was only supposed to be there until the Dole Center was finished, and the center was dedicated in August."
Don Kearns, director of parking, said he would submit a report next week to Del Shankel, interim executive vice chancellor, asking that the lot be made permanent.
From September through November, parking officers counted empty parking spaces in nine lots, including the temporary lot, during their normal patrols. The department conducted the study in an attempt to determine the Dole Center's effect on parking in the area.
Hultine said the department was compiling data from a three-month study of parking lots in the area around Dole Center.
"Right now we're still assembling all the information, but I can tell you that there are few empty parts that line up with the area."
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