University Daily Kansan, January 26, 1982
Page
Commission to discuss motel rezoning request
By STEPHEN BLAIR Staff Reporter
A request to rezone property from single-family to limited commercial use so that a motel can be built there will be considered during the Lawrence City Commission meeting at 7 p.m. today.
The request was made by Honayon Nik-hak, Kansas City, Kan., who asked to rezone about 4.8 acres that he owns at 1629 E. 32rd St.
The Lawrence-Douglas County Planning Commission, on second hearing of the request, voted last year to approve that the city commission approves it.
On its first hearing of the request, the planning commission recommended approval, but the city commission sent the request back for another hearing.
According to a planning office memorandum, the city asked the planning commission to reconsider the rezoning request because it did not comply with Plan 96, the city's long-range plan for controlling development.
Hank Booth, chairman of the planning commission, said the planning commission originally voted to recommend approval because they extended commercial development beyond the area designated in Plan 95.
"The city was not interested in changing Plan 15, so rather than fight it, we just voted against it," Booth said and second consideration of the rezoning.
"The basic problem with that whole situation is that zoning laws don't specify that this (Plan 95) will be used for a motel," he said. "There were a lot of things included in that zoning classification that should 'go in there.'"
"We don't change zoning based on what someone says he will do with his property."
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City Commissioner Nancy Shontz agreed.
"As far as I know, Mr. Nikkhah is interested in a motel. I'm not doubting what he says, it's just that he might have seen someone along the line," she said.
In other business tonight, the city commission will set a public hearing concerning two resolutions to build a new library in the nearby school near Hillcrest Elementary School.
During the hearing, the organization will consider ways to provide public financing for sidewalks on the north side of Ninth Street between Sunset and Harvard streets, and the south side of Harvard street, between Sunset and Hillstreet streets.
The hearing, to be held Feb. 6, was requested by the Hillcrest Parent-Teacher Organization.
The sidewalks are necessary to keep children en route to school from having to walk in the street where the streets are narrow or the traffic is fast, said Ray Davis, president of the Hillcrest Parent-Teacher Organization.
"We have a general public interest for a sidewalk for children," he said. "The awkward thing is that there is no efficient way to build a sidewalk in the public interest without assigning the cost to the landowner."
Although the sidewalks would help make the area safe for grade school students, careful driving by KU staff was an important best protection for the children, he said.
No accident involving children in the area of the school has occurred, Davis said, but his group said it wanted to act before there was an accident.
"It is extremely important that college students be mindful of grade school students—some aloof, some on them, some who vulnerable to abuse," Davis said.
Hamridge
Studios, Apts., Townhouses
2500 W. 6th 843-7333
Trailridge
On the record
Lawrence police reported an aggravated assault at Godfather's Pizza, 711 W.23rd St. at 2 p.m. Sunday. Two men were struggling over a video game when one of them went to his car, the knife and assaulted the other man.
BURGLARS STOLE $600 worth of stereo equipment from a parked car at 1600 Haskell St. Sunday night, police said. After smashing the right windows of a building, the officers took a Pioneer cassette deck and a Plone amplifier. There are no suspects.
Engle to talk about shuttle
Col. Joe Engle, the KU graduate who guided the space shuttle Columbia on its historic second journey, will be the speaker at tomorrow's University
The Rev, Jack Bremer, adviser for Ecumenical Christian Ministries, said yesterday that Engle would talk about the space shuttle at 12:06 p.m. at the Ecumenical Christian Ministries Center.
Engle's speech will focus on the space travel program and the future of space shuttles. Bremer said,
This will be Engle's second visit to KU since his shuttle mission Nov. 14.
Engle plans to continue flying aircraft and has spoken or will speak in Australia, Japan, China and the Philippines.
The forum will begin at 11:45 a.m.
with a hot lunch for $2.50 for those
who make reservations by 4 p.m. today.
A presentation will follow the
lunch.
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Just the other day Mayor Marci Francisco told the Lawrence Chamber of Commerce manufacturer's council of her dedication to "planning how we grow":: to making 'growth' . an asset rather than a burden. it is a mismanor to categorize Ms. Francisco or any other commissioner's call for considered development as 'no-growth'. Indeed such a call is born of concern for the entire community's well-being and is an expression of what former Supreme Court Justice Louis Brandeis described as a 'government [in which] the deliberative forces' . prevel over the arbitrary.
A recent issue of the Journal World attributed to Kansas Power and Light's division manager Fred Bryan the opinion that the community believes our "current city commission represents a no-growth attitude." Here is one member of the community who wonders how Mr. Bryan came by this conclusion. As the term "no-growth" literally means opposed to any change or development, please note that we have yet to hear one city commissioner advocate such a blanket governmental response.
A TRIBUTE TO HOMEGROWN PROPAGANDA
William Dann
2702 W. 24th St. Terrace
Applications are now being accepted for the ASSOCIATED STUDENTS OF KANSAS CAMPUS DIRECTOR FOR THE UNIVERSITY OF KANSAS
If you are interested in working first hand in the process of legislative government, if you have organizational and leadership skills, if you have the desire to serve in a student leadership position, you should investigate the opportunities available to you in ASK.
The position has a salary of $90.00 per month and offers practical first hand experience in leadership, and the Kansas political system.
Applications are available in the Student Senate Office, 105 B Kansas Union and are due by Friday, January 29, at 5:00 pm. Interviews will be held February 1, 1982.
Court prevents gas rate hike
Lawrence residents will not benefit from yesterday's U.S. Supreme Court ruling that will save up to $3 million for customers of Kansas Power and Light Co., according to William Wall, KP&L board chairman.
By TOM HUTTON Staff Reporter
The Supreme Court, by a 63 vote, chose not to review and left intact a Kansas Court ruling that drew attention to producers hoping to avoid price hikes.
The juniors refused to disturb the Kansas high court's ruling that blocked Mesa Petroleum Co of Amarillo, Texas, from automatically charging states under a 1978 federal law that begins on natural gas prices.
Justices William Brennan, Thurgoed Marshall and Harry Blackmun said they believed the court should have heard the case.
Lawrence natural gas is supplied by *Lacieres Services Gas Co.*, which also sells gas to KPPL, according to Charle Keeler, a Cities Service employee.
The cities that will be affected, Wall
said yesterday, will be Salina,
Manhattan, Great Bend and many
other central and western Kansas areas
served by 100,000
Kansas are served by KF&L.
Wall said the Supreme Court's refusal to hear an appeal on the case was a victory for KP&l consumers.
"Consumers who buy natural gas from KP&L have been spared $3 million in higher燃气 prices despite to Mea's demands." Wall said.
Late in 1978 KP&I, began refusing to the higher prices demanded by the merger.
The dispute is over "price escalator clauses," commonly found in natural gas contracts, and whether they allowed companies producing gas for inadequate use to raise their rates to the price in the Natural Gas Policy Act of 1978.
The Kansas court ruled the laws failed to trigger the price escalator clauses in the contracts it examined. Its customers, from paying higher rates.
The Kansas decision already has been cited in an Oklahoma natural gas case.
Throughout the proceedings, Mesa
contended it was entitled to charge KP&P. higher rates after the passage of the deregulation laws. When KP&P, or to pay them, threatened to hand out the revenue threatened to hand out the revenue
to break on his contract with the family.
Both the lower courts and the Kansas
Supreme Court ruled against Mesa.
By their interpretation, the federal natural gas deregulation laws did not automatically trigger the price increase to which Mesa thought it was entitled.
In its appeal to the Supreme Court, Mesa contended the Kansas court misinterpreted the federal law and urged the justices to set things straight so that courts across the country would be confused about how to apply the law.
But KP&l maintained there was no need for the Supreme Court to review the case because it is based on state law and poses no federal questions.
In addition, KP&L raised as its defense a 1979 law proposed by Gov. John Carlin and passed by the Kansas Legislature that specifically prevented producers of gas sold in Kansas from using "price escalator clauses" to hiker rates for gas already under contract before the federal law was passed.
Tuesday, January 26 7:30 p.m. Council Room, Kansas Union
KU Pre Law/Chancery Club Meeting
Speakers: Washburn Law School Representatives
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