City targets parking violators
 

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[April 15, 2016]  LINCOLN - On Tuesday night, the city of Lincoln once again tried to tackle the issue of parking in the downtown Lincoln area. This is not a new topic though it has not been spoken of recently. For many years, the downtown area has been a topic of discussion because there is a perception of limited parking that is detrimental to bringing shoppers into the downtown area.

Many believe the reason that parking is limited for would-be shoppers is because people who work at various downtown businesses, as well as the Logan County Courthouse, take up the convenient parking spots, leaving very few for the people who come to Lincoln to shop.

For this round, the topic was brought up first at a joint meeting of the Logan County Board and the city of Lincoln. At that meeting held the end of March, Logan County Board member Kevin Bateman said he would like for the county board to join him in saying that the county will support the efforts of the city to reduce the number of downtown employees who ignore the city and county’s requests to use the parking areas provided off the square.

Mayor Marty Neitzel then said that the city had a plan “in the works” but was not yet prepared to discuss publicly.

On Tuesday at the city of Lincoln Committee of the Whole, the plan in the works was unveiled to Lincoln aldermen.

The new plan will require a change of the existing city ordinance regarding downtown parking. First, the plan will eliminate the two-hour parking limit and set new rules for businesses as well as shoppers.

The two-hour parking limit, as explained by City Administrator Clay Johnson, would be dropped completely. Instead, there would be signage placed around the square designating the downtown parking space as “Customer Parking.” Johnson said there would be a provision for businesses that need front door parking to their establishments for delivery or loading and unloading of products. Those businesses would be permitted to occupy downtown spaces for a maximum of 30 minutes at a time.

Additionally, the ordinance would change the fine structure for parking violators. Johnson explained that currently the parking violation fine is $10 per occurrence with additional fees charged if tickets are not paid promptly.

The change would increase the first parking fine to $25. There would then be larger fines imposed on repeat offenders to $50, $100, and even $200 at the fourth offense.

Johnson said he would like to put the word out on the city Facebook page and local media that this change is being considered, and allow the public to respond to the new changes.

Tracy Welch asked if the downtown business owners had been consulted about the problem and the plan. Police Chief Paul Adams said he and Assistant Chief Matt Vlahovich had made the rounds and talked with several business owners. Adams noted that with the exception of possibly the 100 block of South Kickapoo, businesses in the downtown area have access to parking behind their respective businesses. He also noted that many of the business owners knew and were able to name the people are who consistently park in spots meant for shoppers.

Adams added that for the new plan to work, business owners are going to have to be part of the solution. They will need to be proactive, and contact the Lincoln Police Department when they see violations occurring. A Lincoln officer can then go to the scene and issue the parking ticket. He added that at the same time when the police know that a vehicle is illegally parked, an officer can issue the ticket without a complaint from a business owner.

Referring to Adams’ comment that business owners know who the violators are, he was asked if he could estimate how many violators are involved. Adams said that the majority of the violators appear to be parking in the 100 block of North Kickapoo and the 100 block of South Kickapoo, and he estimated all total there were seven or eight people involved.
 


Rick Hoefle noted that there are already parking ordinances in place but that it appeared that many of the habitual violators have found a “workaround” to avoid being ticketed. Adams said that was true. He said when it is noted that an officer is in the downtown area marking tires, one person may see this, and begin contacting friends and co-workers. Those people will then go out and move their cars from one spot to another, and will keep an eye on the clock and repeat the process at regular intervals throughout a day. He noted there were also others who just go outside and wipe the chalk mark off of their tire.

Jonie Tibbs said that she spends time in the downtown area, and has seen firsthand what Adams was describing. She noted that there is a case of a habitual violator working in a downtown business, and she has considered not shopping at that business any longer because the employees don’t respect the rules.

Welch offered a scenario that he felt could become a messy situation. He asked what happens to a business owner who just happens to be downtown shopping. He explained that though the vehicle would be recognized as belonging to a local business owner or employee, that person would be there for the right reason, to shop, but would still possibly be ticketed. Adams said that, as with any other police action, there would need to be some investigation. But the bottom line would be, if that person presented proof that he or she was shopping, a store receipt for example, then the ticket could be voided.

Hoefle asked how this would impact people who were serving on jury duty at the Courthouse. Adams said that technically speaking a person serving jury duty would be a “customer” of the courthouse. It was also mentioned that when citizens are called to jury duty, they are told to use the public parking lots instead of taking up parking on the Square.

Tibbs said she was a bit concerned about the involvement of the local business owners. She asked if they would be required to serve as witnesses, if they were the ones who reported the parking violations.

Adams said they would if the matter went to court.

Tibbs said she really had issues with that.

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City Attorney Blinn Bates said that would have to be a requirement and that if the business owners wanted to have an effective program, they would have to be willing to step up and stand behind their complaints. Tibbs said she didn’t think that was a good idea, but Bates said it was the same for any ordinance violation that goes to court; if there is no witness, there is no case.

Michelle Bauer said that the business owners on the Square would have a decision to make; whether or not they want to make a difference. She noted that no one wants to be a “tattle-tale,” but if that is what it takes, the individual owners will have to decide for themselves if it is worth it.

Jeff Hoinacki commented that he thought adding bite to the tickets would have a positive impact on reducing violators. He suggested that when the violators have to pay $50 or $100 for a ticket, they will think twice about where they park.

Welch also noted that he believed there were business owners downtown who would not worry about offending their neighbors in order to see this problem rectified.

Lincoln resident Richard Sinks was in the gallery and spoke out saying that this was going to create a problem that would drive shoppers away from Lincoln. He said shoppers would be ticketed and become angry. He mentioned the comment by Chief Paul Adams that business owners and employees in town to shop could show receipts as proof they were shoppers when a ticket was issued. Sinks said people don’t save their receipts, so that won’t work.

Bauer commented that the goal was not to ticket shoppers but to ticket employees of downtown businesses who violate the parking rules. Welch asked how the city would label shoppers, but Bauer said if there were “labeling” it would be labeling employees and business owners, not the shoppers.

Sinks maintained that people who should not be ticketed will be because someone perceives they have taken up a space for too long a time.
 

Shortly after this, Mayor Marty Neitzel called the debate to a halt.

Moving on, Waste Treatment Manager Tim Ferguson commented that it isn’t that difficult to see who are employees, noting their parking patterns will help. He said that employees will park at a set time of day and remain for a set number of hours, and they will drive the same vehicle most of the time. He said using common sense would be good.

Hoefle then offered another scenario, saying, “I’m downtown, and I park my car. I’m not going to shop. I’m not going to buy anything.” He wondered was he parked legally. The answer was “yes,” because he is not a business owner or employee.

Wanda Lee Rohlfs was in the gallery, as was local business owner David Lanterman. Rohlfs asked the question and suggested Lanterman answer it, about the parking habits of the people who live in the apartments above the downtown businesses. She wanted to know if they were parking on the square, shouldn’t they also be violators?

Lanterman did answer, saying that he believed they should. He said on the properties he owns, there is designated parking off the square. He added that the purpose of downtown parking was to generate business and therefore generate sales tax revenue for the city, and those renters did not generate sales tax, and should not be parking on the square during business hours.

Johnson also noted that for those who live downtown and work during the day, having their car parked on the square after 5 p.m. would not be a violation according to city ordinance.

Welch wondered if the city could issue parking stickers to permit certain parking exceptions. Ferguson said that when the department heads and others had discussed this in meetings with Neitzel and Johnson, stickers did come up, but the big issue was policing the stickers as well as designating parking spaces to go with the stickers. In the end, the group had decided it was a plan that would not work in Lincoln.

Bauer suggested that this was an item not ready to be added to a voting agenda. She said she would like to get public input and agreed with Johnson’s early suggestion to get the word out of proposed changes and collect public comments. She said after that process then the city could revisit the ordinance and take into consideration what they learned from the public.

It was suggested that the council set a date of 30 days to collect public comment, then revisit the topic in another Committee of the Whole. All agreed.

Contact information for city officials is provided on the city website at this link: https://www.lincolnil. gov/index.php?option=com_content&view =article&id=58&Itemid=79

The information includes phone numbers, or by clicking on the name of the person you wish to contact, you may send an email.

[Nila Smith]

 

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