Welcome to our online chat with Lawrence City Commissioner Boog Highberger.

The chat took place on Thursday, April 20, at 3:00 PM and is now closed, but you can read the full transcript on this page.

Moderator: Welcome to our chat today with Lawrence City Commissioner Boog Highberger.

I’m Dave Toplikar, World Online editor, and I’ll be serving as moderator for today’s chat.

We’re expecting the commissioner to arrive shortly.

The commissioner is currently at a special executive session called at city hall. However, he has told our staff he will take part in the chat as soon as the meeting ends.

So we’re sorry about the delay in getting started.

Moderator: The commissioner is here, so we can go ahead and get started.

Commissioner Boog Highberger: Good afternoon, ladles and jellyspoons! (As my friend Ed the Clown would say..)

Jim, Lawrence: The LJ-W reported that the City Commission went into executive session this morning. Has there been a settlement in the Wal-Mart litigation? If not, would you characterize the parties as close to a settlement? If a settlement has been reached, what are the key terms?

Commissioner Boog Highberger: Thanks for your question, Jim. We still have a trial scheduled for Monday in the Wal-Mart/6Wak cases. There is a possibility that we will schedule another special session of the city commission before that time.

Lawrence City Commissioner Boog Highberger answers questions online.

John, Lawrence: We have spent over $90K of tax payer’s money to prevent Wal-Mart from building in the west side of town. Are we now going to allow Wal-Mart to build? Which would mean that the city wasted our tax money?

Commissioner Boog Highberger: John, This commission is dedicated to seeing that good land use decisions are made and that our zoning code is followed. I don’t like spending city money on lawyers (even though I am one) but sometimes we are required to do so to achieve those goals.

Tony Lawrence: If the city allows Wal-Mart build here (which many don’t want) will they be receiving any tax incentives or breaks? I hope not.

Commissioner Boog Highberger: Tony– I’m sorry, but I can’t say any more about the issue of the Wal-Mart lawsuit than what I’ve said above. I can say that state law prohibits cities from granting tax abatements for retail projects, although there are other types of incentives that can be used in certain circumstances

John, Lawrence: Why is there such a delay by the city to get the SLT built…This has been discussed and fought about for many many years. Those of us who could save a lot of time by using a completed SLT are constantly frustrated having to drive 23rd/Clint Pkwy or on various city streets to get through Lawrence. And now you among others want to delay it further and realign it again. Can’t we get a plan and go instead of taken 15 years to build a five mile stretch of road?

Commissioner Boog Highberger: John– I understand your frustration with the SLT and I agree that the traffic needs in the southern and eastern parts of town need to be addressed. I am not interested in delaying a solution to this issue, but the funding for the SLT is not available now and will not be for the foreseeable future. I have two primary concerns about the 32nd Street route: 1) constructing it on that route will be extremely divisive for our community, and 2) even if that route made sense 20 years ago, it does not adequately meet our present and future regional transportation needs. I think our chance of getting funding for this project will be much higher if we can find a route with wider support in the community and that coordinates with needs of other cities and counties. I think there are other better alternatives that have not been properly explored, and I will continue to work on identifying that solution.

Peter, Lawrence: The sewer issue has forced the City Commissioners to request Planning Director and City Manager to resign. It seems that the commissioners had the opportunity to review and analyze the findings but did not. Why are the city commissioners not responsible for this mess? Do you believe that the city commissioners are also responsible?

Commissioner Boog Highberger: Peter, The city commissioners have ultimate responsibility for all the actions and decisions of the city government, and we are subject to performance reviews every 2 years (or more often, if anyone wants to go the trouble of circulating a recall petition). I and all the commissioners reviewed the wastewater master plan before it was adopted. I don’t think that the situation that we experienced starting late last would necessarily have been predictable from reviewing the plan. It is my understanding that one of the problems that led to this situation was that growth occurred more quickly and more densely than projected, and adequate steps were not taken to monitor and compare actual growth with the projections in the plan. Steps have been taken to improve this monitoring so that this situation does not occur again.

David, Lawrence: Boog, what do you see as your biggest accomplishment during your term as mayor?

Why do you feel there is a shortage of affordable housing for working families in Lawrence, and what could you (as Mayor) done to stop this trend?

Thank you.

Commissioner Boog Highberger: David– Thanks for your question. In 2005, with the participation of dozens of citizens from all segments of the community, we conducted a Community Housing assessment Team (CHAT) that identified some of the gaps in the Lawrence housing market. Last month a Housing needs Task Force was appointed, and has been charged with reviewing and implementing the recommendations of the CHAT project and exploring other ways to provide affordable housing, with the goal that every person who works in Lawrence can afford to live in Lawrence. This may not be an attainable goal as long as Lawrence remains a desirable place to live and our wages remain below average. That’s the other side of the affordability question, and there are other efforts underway to provide industrial land for future employers and to nurture and attract bioscience companies to Lawrence.

I’m not sure that any particular accomplishment stands out during my term as mayor, but I think we have made progress toward a number of things that I think are important, including adopting new zoning rules that will allow us to build more traditional neighborhoods and ensuring that new growth pays for more of its real costs. Perhaps more importantly, I have tried to build bridges between different parts of the community that have been traditionally at odds with each other, to try to find some common ground so that we can work on building a better community together, and I think I have had made some progress toward that goal.

Dave, Lawrence: Boog, thanks for not changing the noise policy. The college students need to be held accountable for loud parties that go till all hours of the night. How do you currently see the cities relationship with KU?

Commissioner Boog Highberger: Dave, I understand the students’ concern about fair enforcement of the noise ordinance, but based on the information I received I did it believe that use of decibel meters would be a functional or cost-effective way to do that. I think our recent changes in the noise ordinance and the nuisance house policy have gone helped reduce the incidence of unneighborly behavior in our neighborhoods (although this is not just a student issue).

I think city/KU relations are at a very good place right now. we concluded an agreement last year with KU regarding that will give the city some authority in KU land use decisions that will affect the rest of the city. The city, county, and KU have been cooperating on the new Lawrence-Douglas County Bioscience Authority, which I think has great potential for turning KU research into high quality local jobs.

Tony Lawrence: I know the city is making efforts to provide homes for low income earners and non employed in Lawrence, this seems to be a priority. However, what message is this sending to the middle/lower middle income families in Lawrence who work 40-50 hours per week, who are model citizens, but still can’t afford to pay $150,000.00 for a home. And by the way, $150,000. buys a shack in this town, to the tune of almost $1000.00 per month. I know some will say there are houses that can be bought for under $100. 000. But cockroaches won’t even live in those. On an income of approximately $35,000. per year (Which I believe exempts a person from being in an income level that qualifies for assistance) this in not realistic. What is the commission doing to make housing affordable for working,income/tax producing citizens. I am offended by the number of overpriced houses in this market. But not surprised since we have so many builders/developers influencing decision making.

Commissioner Boog Highberger: Tony, thanks for your question. I think you have pointed out a real gap in the local housing market, one that we have to find a way to fix if Lawrence is going to remain the diverse, interesting community that we all love. Unfortunately, as long as Lawrence remains a desirable place to live, and until we can raise wages for working families, this is going to be a problem. The living wage ordinance that we passed a few years ago and our continued economic development efforts are one part of this equation. I am hoping that the Housing Needs Task force I talked about earlier will be able to come to the commission within 6 months with some initial recommendations about how to provide more housing units that are affordable for people who are working at moderate wage in Lawrence.

Laura, Lawrence: Can you tell me if a financial audit is planned for the City’s books, in light of the recent departure of former City Manager Mike Wildgen?

Commissioner Boog Highberger: Laura, Our financial reports are audited every year. We have added a new budget analyst position and it is my understanding that we will be contracting for some other internal financial review assistance. These changes are designed to improve our capabilities and are not related to the departure of Mike Wildgen as city manager.

Matt, Lawrence: What ever happened to a resolution that was being looked at last year for East Lawrence homeowners to upkeep the appearance of their homes (no furniture, trash etc. on porches and front yards?) Was it put under review and never looked at again?

Commissioner Boog Highberger: Matt– We don’t have any ordinances that are specific to East Lawrence or any other part of town. We did make some changes to our environmental code last year or the year before. Many items are prohibited in front yards, but outdoor furniture is allowed. Indoor or outdoor furniture is permitted on front porches. If you are concerned about the condition of a property in your neighborhood, I would encourage you to call or Neighborhood Resources Department (I don’t have the number with me– maybe Dave can look it up while I answer the next question ) They can answer questions about what is prohibited or allowed under the environmental code.

Matt, Lawrence: Boog, homelessness and the social problems that accompany it are a concern for the compassionate people of Lawrence. Would you support the addition of a new City funded homeless shelter in the downtown area?

Moderator: Here’s the Web site for the City’s Neighborhood Resources Department – http://www.lawrenceneighres.org/

Commissioner Boog Highberger: Matt– I think it is time for the city to consider participating in an expanded shelter facility, but my goal is that there will be substantial private participation in this process. I think it is generally agreed that resources will also have to be allocated so that this shelter can operate under a treatment model. I am not sure of the best location for such a shelter, but we will have to do everything we can to minimize the impact of such a shelter on any neighboring businesses and residences (while still respecting the rights and dignity of the people the shelter will serve). there will be ample opportunity for public input before any decision on the location of such a shelter is made. While we are on the subject of homelessness, I would like to commend the efforts of all those who are providing services now, and to the members of the Community Commission on Homelessness, who have volunteered countless hours addressing these issues.

Chris, Lawrence: I was disappointed that there was not more bicycle directed activity during your tenure, is there hope that dedicated lanes and other bicycle issues will be addressed in the near future. Thanks always.

Commissioner Boog Highberger: Chris– I am sorry that you have been disappointed, but please let us know if there are specific changes you see that we can make. During my term on the commission, the city bike plan has been updated, and some of the projects recommended in the plan have been included into our Capital Improvement Plan. We now require bike lanes on all new collector streets, and we have restriping some streets where feasible during road repairs. we have started right of way acquisition for the Burroughs Creek rail trail, which hopefully will be part of a trail linking the Kansas & Wakarusa Rivers. This commission has insisted that the reconstruction of Kasold between 15th and 23rd Street include a bicycle/pedestrian path. The Parks & Rec board and the Bicycle advisory Committee will soon be considering a request for support of a trail linking Lawrence and Topeka.

Hargrove, Lawrence: Would you discuss why Lawrence should not only charge residential developers for the full cost of immediately adjacent infrastructure, but 1) any and all downstream stormwater management costs, and 2) the full cost of repairing old, worn out infrastructure in parts of town where they will not build? After all, they do WANT to do business here. And so what if they don’t – is it possible for you to consider NO GROWTH, with a static, sustainable community?

Commissioner Boog Highberger: Hargrove, I think that new construction, retail or residential, should pay its real costs as best as we can determine them. I think the city as a whole has a responsibility to maintain existing infrastructure. As long as people want to move to Lawrence, no growth is not an option. I think that trying to stop residential growth would make the affordable housing problem here much worse, and would likely have other unacceptable consequences. If our residential population grows, our commercial and industrial sectors must grow, too, to maintain a balanced tax base– most commercial and industrial properties are taxed at 25% of assessed value, while residences are taxed at only 11.5%. I do think that we need to manage growth so that we build walkable neighborhoods with a mix of income levels, and to combat sprawl by building denser, mixed-use neighborhoods.

Arienne, Lawrence: You are, thankfully, Lawrence’s foremost proponent of Dada. Did you see the Dada exhibition in Washington D.C.? The live performance of the Ballet Mechanique, with 16 player pianos, xylophones, drums, and buzzers, is awesome.

Commissioner Boog Highberger: Arienne– Thanks for your question– I have not seen the Dada exhibit in DC, but I hope to catch it at the Museum of Modern Art in New York. Here in Lawrence, Kansas, on April 1, there was a great Dada performance by a group of local performers organized by the inimitable Charles Goff III. It was one of those things that make me happy to live in Lawrence– I think we are very fortunate to live in a town so full of creative & open-minded people…

Jim, Lawrence: Will you run again for City Commission in the next election?

Commissioner Boog Highberger: Jim– I haven’t decided yet. On one hand, it might be nice to have my life back, but on the other hand, I expect there will be a lot of projects that I would like to finish. I will be consulting with a number of people over the next few months and I plan to make a decision by early summer. Are you sure you could put up with me for 2 or 4 more years?

Moderator: That will have to be our last question for today. Commissioner, thanks for chatting with our online audience today.

And I’d also like to thank our readers for their wide range of questions.

Commissioner Boog Highberger: Thanks for all your questions. It was truly an honor to serve as mayor for a year and I look forward to another year on the commission.