The University Daily
University of Kansas Lawrence, Kansas
KANSAN
Wednesday, March 4, 1981 Vol. 91, No. 108 USPS 650-640
Developer continues mall battle
By DALE WETZEL Staff Reporter
If at first you don't succeed, invest more money.
Jacobs, Viscasoni and Jacobs is doing just that after the Lawrence-Douglas County Planning Commission dealt a setback to JV's bid to rezone a south Lawrence lot for a shopping mall.
"We've got $300,000 invested in this," Don Jones, JV vice president for mail development, said. "We're on a roll."
Some of JVL's dollars are already paying indirect dividends, as two plump mania entail the stock price falling.
THE ENVELOPES contain coupons, clipped from a full-page JVJ advertisement published in the Feb. 22 Lawrence Journal-World. As of March 2, the planning office had received 450 coupons, many with letters and other comments attached; 376 supported JVJ's promise project.
However, the fruits of the Cleveland developer's efforts won't be known for at least two weeks. A March 18 City Commission hearing date set for JVJ's request is "still tentative" according to assistant city manager Mike Wildgeen
Meanwhile, Richard Zinn, JVJ's Lawrence attorney, is preparing to argue his client's case before the commission. Two weeks earlier, despite an hour-long presentation by Zinn, Jones and others as representatives, the planning commission voted 9-1 against recommending the request.
"The City Commission meeting is essentially another forum in which to present our case," Zhn said. "We were disappointed with the response we received and don't have final say. The City Commission does."
Responding to Zinn's arguments will be the job of Garner Stoll, city planning director, and his staff. Stall said yesterday he disagreed with several of Zinn's contensions—namely, that the city must accept its decision "in a vacuum" and was protecting a "monopoly of competition" downtown.
"Protecting competition is not a concern of ours." Stoll said. "We are paid to decide what's best for the city, not what's best for the merchants and developers.
"We don't think that the city's interests and the businesses stores, interests are, in all respects, parallel."
Stoll conceded that "a number of commercial outlets" were located on south Iowa Street, but disputed Zim's characterization of the area as "heavily commercialized."
I don't know what 'heavily commercialized' means, "Stoll said. They don't define it. I think they aren't."
"Dean Palos, planning staff member, has been working on this pretty solidly since December, up until the time we released it (Feb. 20). We've put a lot of time into the report."
AT THE PLANNING commission's Feb. 23 hearing of JVL's request, Zinn contended that Plan 96," the city's comprehensive guidelines for growth assumed there was not retail sales "leakage" out of Lawrence. This assumption, which was seriously disputed in subsequent market studies, cast a shadow on the plan's credibility. Zinn said.
Stoll, however, dismissed Zinn's arguments as "not bein' addressed to the point.
“Of the points we listed as Plan 95 reasons for dental in our staff report, none of them, hinged on the type of tooth filling.”
"We did not consider that as an option in our report," Stoll said. "I think that would be an error. The area is contiguous to the city, city boundaries, and the land can be developed for urban purposes."
"When the landowners made their original zoning request, it was for the cornefield mall. But the City Commission and the planning commission were very specific that the annexation did not constitute approval of the mall. The owners wanted it annexed anyway."
If the owners and JVJ don't like the commission's final decision, and indicate they are not satisfied,
"Anything is possible, including a court case," Jones said, indicating that a court reporter had
See MALL page 5
Weather
RAIN
It will be cloudy with rain ending in the early afternoon today, according to the KU Weather Service
Today's high will be 45. Tonight it will be clear skies and a low of 29.
For tomorrow, partly cloudy with a high in the low 50s.
KU's John Crawford battles for a rebound with OSU's Ricky Jacobs (40) and Lorenza Andrews during the second half action last night in the opening round of the Big Eight Conference post season tournament at Allen Field House. The Jahways won, 96-86. Story page 12.
KU 1982 budget request tied to Regents budget
By GENE GEORGE Staff Reporter
The University of Kansas won't be helped by the Senate Ways and Means Committee's relaxed attitude toward individual universities' assets, according to the committee chairman.
The chairman, Paul Hess, R-Wichita, said yesterday that KU's requests for a faculty pay raise, an increase in the operating budget and money to cover increased enrollment were tied to the number of Regens system-wide proposed budget. The committee cut those requests deeply last month.
HESS SCHEDLUED committee hearings for tomorrow and Friday to consider the individual campuses 'requests for next year.
After committee action this week, the campaign will be sent to the Senate in one bill for debate.
Since the individual requests, as proposed by Gov. John Carlin, did not entail the large sum of money that the Regents proposal did, Hess said the committee probably would go easy on the cuts.
"I suspect that the subcommittee reports certainly will not be higher than the governors' recommendation," Hess said. "But don't expect a rubber stamp of the governor's proposal."
Hess said all individual requests probably would be adjusted to fit in with the committee's views.
Last month the committee, following Hess' $100 million hit list, had cut $3 million from the Regents proposal. Hess had set the committee's budget to $526 million from Carlin's proposed $2.78 billion 1982 budget.
RICHARD VON ENDE, KU executive secretary, said that he had no indication what the committee might do.
"We'll just wait and see," he said. "I have not in our subcommittee reports, I don't know if ours."
Von Ende said he "had a good talk" with KU subcommittee chairman Ronald Hein, R-Topke, last week, but Hein gave no indication which programs the subcommittee supported.
KU asked the governor for $8 million more for a 10 percent faculty salary increase and higher classified pay and $12.5 million more for its education and operating budget.
THE COMMITTEE decreased Carlin's proposed 6 percent faculty pay increase to 7 percent and his proposed 6 percent operating budget increase to 5.5 percent.
Money to cover increased enrollment this year was eliminated and the committee told universities to manage with what money they had if future increases were minor.
But Carlin cut both requests before sending them onto the Legislature. The committee in effect reduced the amounts more last month by trimming $3 million from the Regents proposal.
The committee also voted for a 15 percent increase in tuition for all state universities.
The increase would mean KU students, who now pay about 20 percent of the total cost of their education, would pay around 23 percent next year.
Lewis Hall residents released from food contract
The Haworth Hall expansion would allow the biology department to move from the outdated and cramped conditions at Snow Hall into more modern facilities.
The feasibility study would see whether a second library, needed to take the load off Watson Library, could be built near the Military Science Building.
Two other projects KU wants, but probably won't get because the governor don't recommend them, are $3.6 million for the Haworth Hall expansion, $900,000 for a feasibility study for the library.
By KATHY MAAG
Staff Reporter
Three Lewis Hall residents who complained about the quality of meat served in the hall cafeteria were released from their food contracts in February by the housing office.
The residents, Jennifer Miller, Derby freshman; Maria Sanchez, Puerto Rico junior; and Debi Hartman, Derby freshman, said that the team had not up to standards and had made them sick.
"We decided the meat here was pretty bad because we had all gotten sick on it," Miller said. "But even though we're out of our contracts, there is still a problem.
"I think they let us out of our contracts just to shut up."
But housing director, J. J. Wilson, said that the complaints had no rational basis.
"We let them out of their contracts, not because there was validity to their story, but because they were being a nuisance," he said.
THE MEAT is up to state standards as required by law. Wilson said.
Lenoir Ekdahl, director of food services,
agreed with Wilson.
"We get a better quality meat than the normal market," he said. "We have good specifications, good inspection, better grading and more effort."
"We're not convinced we've been getting any
bad meat," she said. "If we do, we don't serve it."
The women said the preparation of the meat was not the problem, but the meat itself
"They evaded the issue," Miller said. "They kept asking us if there was another way to fix the meat. They wouldn't tell us what grade it was."
This is the first time this year a food contract was broken, but it does not set a precedent. Were we to eat
"We'll check each (complaint) on its own merits," he said.
The housing office rarely allows a resident to break a food contract, Wilson said. Exceptions are made for diet problems, religious reasons and working schedules.
THE WOMEN were refunded $2.30 a day for
the rest of the semester. This total of `$9.30 a
month` is the food purchase
included in the laboratory labora-
Residents have the option of a salad bar if they don't like the meat, Wilson said.
"There's enough at the salad bar at any hall for anyone to have a good, balanced diet," he said.
The women said that salads did not provide for all of their nutritional needs.
"We complained about paying $70 a month just for food," Miller said. "That is not a balanced meal."
Hartman suggested the halls offer their residents optional food contracts.
"If you aren't eating the food, then you shouldn't have to pay for it," she said.
Shankel OKs fee increase, yet Senate wants still more
Staff Reporter
ByKAREN SCHLUETER Staff Reporter
Acting Chancellor Del Shankel has decided to ignore the Student Senate's $14.55 student activity fee recommendation and approved on request the University of David Amberle, vice chancellor for student affairs.
In a letter to Amber, Shankel said that he would recommend the $14 figure to the Board of Regents in an effort to keep costs down for students.
The letter also said that the Senate should be responsible for cutting its recommendations.
LAST WEEK, THE Senate reaffirmed its decision to recommend $14.55 in spite of suggestions by Ambler and Caryl Smith, dean of student life, to reduce the recommendation.
Senate leaders say they are not ready to relinquish the 55 cents.
Bren Abnett, student body vice president, received a copy of the letter yesterday. He said he still planned to meet with the chancellor to endorse the Senate's justifications for the increase.
"If you look at it in terms of real money, 50 cents can't buy a beer. Collectively, it's over."
See LIMITpage
Motorcyclists argue with legislators on safety value of helmets, insurance
By BRAD STERTZ Staff Reporter
Staff Reporter
Yesterday nearly 100 motorcycle organization members poured into a House Insurance Committee meeting and took 20 minutes to discuss the matter that felt it was a statute violating their rights.
The lines have been drawn. Forcing a helmet on the head of a motorcylist or an insurance policy into his budget has gained the support of state legislators. But riders remain uneasy.
Beyond questions of safety or savings of tax dollars, the question that has drawn the irice of many a leather-jacketed free wheeler is the infringement of personal freedom.
These motorcyclists said their right to be unencumbered by a motorcycle helmet is as precious as the right to a fair trial or freedom of speech.
The members, not of motorcycle gangs or clubs, but of organization, are facing a group of counter-terrorists.
"I had a high school friend who was killed three years ago," State Rep. Timothy O'Sullivan, D-Hutchinson and the main sponsor of the bill, said. "He was only going 20 mph, but a
car caught the car of his bike and threw him over the car. He died of head injuries the next
O'Sullivan said that if his friend had been wearing a helmet he would not have died. O'Sullivan then pointed out a case in which a rider wearing a helmet was not killed even though he was thrown through the air and was travelling at 55 mph.
Many other people, however, insist wearing a helmet is not all that worthwhile.
Members of the organization ABATE,
American Ballet Admirn Toward Education, say a
deadline for the next season is at 8 p.m.
"The helmet actually cuts down on my vision and it muffles my hearing when I am riding," Gordon Chappell, president of ABATE said. "I think that I am much safer riding without a helmet.
A former Douglas County public health officer agreed with Chappell.
"When this discussion on helmet laws last came up," the officer, Dale Clinton, said, "it all came down to a study that showed that of the states with helmet laws, the death rate for accidents was much higher than the rate of accidents went up. I think it was something like an increase of 33 percent."
See MOTORCYCLE page 5
BOB GREENSPAN/Kansan staff
Umbrellas and raincoats were common on campus as rains swept into the area. Two girls walk behind Weseco on their way to class. Rain showers are expected to continue with a high in the mid 80s.