Wednesday June 22,1988
THE UNIVERSITY DAILY KANSAN
Vol. 98, No. 148 (USPS 650-640)
Published since 1889 by the students of the University of Kansas
Train hits car,kills 8 Kansans
The Associated Press
CHEROKEE — A station wagon burst into flames yesterday when it was struck by a freight train at a rural crossing in southeast Kansas, killing two women and five children.
An ambulance attendant collapsed and died of a heart attack while attempting to resuscitate one of the children at a hospital, officials said.
Crawford County Sheriff Lynn Fields said the car was struck on the passenger side by a Burlington Northern freight train made of one engine and seven cars. All but one of the victims were thrown from the
The Kansas Highway Patrol identified victims of the crash as Kathy Hastings, 31, and her children, Erik Hastings, 5, Reuben Hastings, 3, and Kara Hastings. 8 Also killed were Lisa Maxwell, 26, and her two children, Joel Maxwell, 5, and Avery Maxwell. 2 All were from Iola, the patrol said.
patients, Joel Cobb, 48, of rural Pittsburg, the director of Crawford County's ambulance service, died of an apparent heart attack at Mount Carmel Medical Center in Pittsburg.
Collin Hermreck, a hospital spokesman, said that Cobb apparently went to the accident scene, where the temperature was in the mid-90s, and returned to the hospital with one of the victims.
Letting me down easy
"Shortly after the victims arrived, he was helping resuscitate one of the children. He collapsed and died," Hermreck said.
Letting me down early
Cadets help each other over an obstacle at Camp Warrior '88. Thirty University of Kansas Army ROTC students are participating in the Leadership Reaction Course at Fort Riley, Kansas. See story and more pictures on page 6.
heather was crossing the tracks on a county road about two miles northeast of Cherokee about 1:15 p.m. yesterday. The crossing was not protected with lights or arms.
projects Lennie Westervelt, chief of the Rural Cherokee Fire Department, said that the gasoline tank of the car exploded on impact. The car was engulfed in flames when firefighters arrived. The wooden ties on the railroad tracks were also on fire.
Westervelt said that the heat from the fire was so intense that it melted the license tag on the back of the car.
The rail cars remained upright and on the tracks. Officers at the scene said there was a small fire in electrical wiring on the train as a result of the collision.
the command.
Five of the victims were pronounced dead at the scene. One child was pronounced dead at Mount Carmel Medical Center, and another died en route to the hospital.
Commission sends back zoning request
After more than three hours of public debate, the Lawrence City Commission voted 3-2 to send a request for downzoning part of the Oread neighborhood back to the Planning Commission.
By Karen Boring
Kansan staff writer
The City Commission recommended that the area originally submitted for downzoning be subdivided into areas that could agree more easily.
Downzoning changes the type of new structures allowed in an area from high-intensity development, such as apartments, to low-intensity development, such as single-family homes.
homes. The area being considered for downzoning is bounded by Ninth, Illinois. Tennessee and 11th streets.
The commission at first agreed 3-2 to concur with the Planning Commission's recommendation to deny the downzoning request and allow only voluntary downzoning by property owners.
Immediately after that vote, however, Mayor Bob Schumm, who had voted to concur, started to propose recommendations for the Planning Commission. City Manager Buford Watson told the mayor that he couldn't add anything to a concurrence. Schumm then moved to reconsider the vote.
"I don't think this map as it's been drawn has the support to be down-zoned," he said.
David Guntert of the city planning staff said the owners of 34 of the lots in the area had expressed a desire to downzone and the owners of 60 lots in
The commission agreed to reconsider. The recommendation to search for smaller areas to downzone was added to the concurrence with the Planning Commission's denial of downzoning for the area as a whole.
the area said they did not want downzoning.
Schumm said he wanted the planning commission to try to find areas within the neighborhood where downzoning could be done with less disagreement.
1ne Oread neighborhood was zoned for residential dormitories in 1966, when the University of Kansas was considering building residence halls in the area.
The proposed downzoning would not change existing buildings, but would allow only single-family homes and duplexes to be built in
and are
Mary Francisco, president of the
Oread Neighborhood Association,
spoke for many of the single-family
homeowners in the area.
"I think what we are really searching for is middle ground," she said. "Our intention is not to replace apartments with duplexes, but to retain the mixed use of the neighborhood."
area in the future.
Several homeowners said they were concerned the value of their property would drop if the number of apartments continued to increase. Fred Sack said downzoning would increase the value of the homes and decrease the value of the land.
City policemen accept contract
"As homeowners, we're not in a position to invest in our homes until we feel secure," he said.
Bv Paula Messbarger
Kansan staff writer
The Lawrence Police Officers Association voted in favor of a new work agreement last night that included a 10 percent wage increase over the next two years.
Sgt. Gary Sampson, association vice chairman, said the vote count was unavailable, but there was a definite majority in favor of the proposal.
"At this point in time, our membership seems to be satisfied," he said.
The contract was reached at a meeting Monday morning by negotiators from the city and the officers association and voted on last night. Last night's meeting took a little more than an hour as members discussed the terms of the agreement and voted.
Of the 56 officers LPOA represents, including police officers, corporals and detectives, 32 were at the meeting and 10 voted by absentee ballots.
The LPOA entered the negotiations with a list of 35 concerns and requests. The final agreement addresses fewer than half of those items. For instance, the officers wanted seniority to affect salaries, which it does not now.
"It came down to a cost-of-living adjustment and re-classification," Sampson said.
According to the new agreement, the city will pay a 3 percent wage increase beginning Jan. 3 and a 4 percent wage increase Jan. 3, 1990.
The city agreed to a 3 percent re-classification of police officers' salaries by Jan. 3, 1989.
The association had sought a 14 percent pay increase over two years. The city originally had offered 6 percent over two years.
Sampson said the officers came out ahead in some areas. "We've stayed even with the cost of living this year," he said. "We're not losing, but for 190 we'll see."
Sampson said the agreement consisted of two documents for each year of the contract. If, in 1990, the association is not satisfied with the agreements, negotiations can start again.
again. Sampson said one of the principal losses in the agreement was that the interdepartmental grievance procedure has been eliminated. This procedure allowed problems within the department to be handled by the department. Under the new agreement, the problems will be handled by the city.
"We're glad it's over with." Sampson said. "We're glad we didn't need to go with a mediator."
This is the first time in the 10-year history of the association that outside negotiators have not been called in to settle a contract. The final version will be voted on by the Lawrence City Commission.
"We would like to see the whole process reviewed," Sampson said. "There are obviously problems with the city resolution."
Stephan clears up complex fraud law
Kansan staff writer
By Karen Boring
The 1987 law that made rent fraud a felony has been confusing for both landlords and tenants.
Attorney General Robert Stephan issued an opinion last week that the law could be used only when fraud could be established.
Greg stauffer, co-director of the Lawrence Tenants' Association, said yesterday that the law had the potential to be misused.
"I think that landlords and tenants need to be very clear about what this law can and cannot do," said Staufer. "What we want to tell tenants is that they cannot be prosecuted for having a bill due. You cannot be imprisoned for bad debt."
The state law, passed last year,
amended an older law about defrauding
inniekeepers and restaurateurs to
include landlords. The law makes it a
class E felony to defraud a landlord,
inniekeeper or restaurant for more
than $150 in accommodations.
It is unconstitutional to imprison a person for debt unless fraud is involved.
"I think it would be difficult to prosecute under this law," Branson said. "I think it's going to be so difficult to prove, intention of fraud that is; it seems to me that it's not going to be effective."
Jack Brand, a member of the
Fraud for accommodations valued at less, than $150 is a misdemeanor
at less than $1 million. State Rep Jess Branson, District Rep Jessie who asked the attorney general for his opinion in June 1967, said that she was satisfied about the constitutionality of the law now that fraud had been emphasized.
'The assumption has always been that you can't get away with fraud.'
— Jack Brand association member
Lawrence Apartment Association, an association of apartment complexes, said that he knew of no landlords in Lawrence who had used the law since it was passed
"I would think it would have a very limited application," he said. "The assumption has always been that you can't get away with fraud."
Bud Carter, executive director of the Associated Landlords of Kansas, said that it was a preventative law which could be used to educate landlords and tenants about the consequences of fraud and theft. He said that should be made aware of the law when they looked for an apartment.
"Some people thought that the law would be a collection tool, but that's not what it is," he said.
Carter said that 95 percent of tenants were good tenants, and that the law would protect them as well as landlords.
Stauffer agreed that the law should be used to discourage tenants from fraudulently applying for an apartment. He hoped that landlords would not use the law to intimidate tenants.
Stauffer said that using the law to try to collect old debts would be unprofessional.
"I'm pleased." Stauffer said. "I think it is cleared up."
EPA targets three Kansas locations
Sites to be considered for cleanup in environmental program
The Associated Press
In most instances, proposed sites are later added to the National Priorities List for Superfund monies, but a final decision can take more than a year.
WASHINGTON — Three hazardous-waste sites in Kansas were proposed by the Environmental Protection Agency on Tuesday as candidates for cleanup under the federal Superfund program.
The kansas canal is Hydro-Flex Inc, Topeka, a manufacturer of tubing, hose and heat exchangers. Heavy metals, including chromium, lead, cadmium and copper, have been detected in water wells. About 6,500 people obtain drinking water from wells within three miles of the site. During 1970-81, waste water and sludges from a metal-finishing operation were discharged through a septic tank into buried shafts that ended within two feet of the aquifer used for area
The Kansas candidates are:
groundwater contamination at 29th and Mead streets in Wichita. The 70-acre site covers an industrialized area and is named for an intersection in the city. A number of toxic chemical and solvents, including arsenic, barium, benzene and toluene, have been detected in water from wells on the site and nearby. EPA said the full extent of the contamination has not been determined, and that state officials have identified more than 30 potential sources of the wastes associated with the pollution. About 3,300 people obtain their drinking water from wells within three miles of the site. A nearby creek also is used for recreation.
drinking water. The silos were abandoned in 1981 when municipal sewers became available.
Pester Refinery Co., El Dorado. The 10-acre refinery, which began operation in 1917, was purchased by Pester in 1977. Sludges and sediments from refining operations have
been stored in an on-site dump. Soil, groundwater and surface waters have become contaminated with hazardous chemicals such as benzene, toulene, cadmium, selenium, lead, chromium and vinyl chloride. Last year, state officials determined that wastes were leaking from the dump into the West Branch of the Walnut River. A dike and pit were built to contain the seepage, but sludges have spilled over and contaminated the river and floodplain. About 160 people obtain drinking water from private wells within three miles of the site.
The three Kansas sites were among 223 nationwide proposed as candidates for the Superfund priority list.
So far, seven sites in Kansas have been declared eligible for cleanup under the federal program. There is one other proposed Superfund site in Kansas.
Shuttle overhaul completed
CAPE CANAVERAL, Fla. — Jubilant space workers completed a 600-day overhaul of the space shuttle Discovery on yesterday, a giant step toward a late summer launch.
The Associated Press
Cheers and applause broke out among several hundred workers who lined the 1,000-foot route as a tractor towed the 80-ton tshuttle out of a processing facility and moved it to an assembly building.
"This is like a rebirth," said Discovery flow director John "Tip" Talone. "We're in business again, and we're going to stay in business. It's got to be a tremendous boost to the workers here."
If there are no hitches, Discov
At the assembly building over the next few days, Discovery will be joined with its external liquid tank and two 126-foot solid fuel booster rockets.
"This is an outward event that people can look at and say that America is going back into space soon." McCartney told
NASA's latest launch assessment date is Sept. 3, but officials said it was still possible to achieve a late August liftoff.
"A lot of things have to go right to make the end of August; if not, we'll go a few days after that," said Foresst. M.Cartney, director of the Kennedy Space Center, after Tuesday's move.
A total of 210 modifications have been made and tested on Discovery since it was moved into the processing facility on Oct. 30, 1986, exactly 600 days ago. Many changes had been planned before the Challenger explosion, but
ery will be moved to Launch Pad 39B on June 30 to be readied for launch in late August or early September.
Major improvements have been made to the three main engines, to the mainframe structure, brakes and landing gear. A blow-out hatch has been installed in the cabin to allow the astronauts to bail out with parachutes in case of trouble while the shuttle is gliding to a landing.
many resulted from studies made after the accident that pinpointed potentially troublesome safety areas.
Two major propulsion tests must be passed before Discovery can be cleared for launch. On July 22, with the spacecraft bolted firmly to the launch pad, its three main engines are to be fired for 20 seconds to test modifications and to give the launch team countdown practice. Four days later, a fifth fullscale ignition is planned for the redesigned booster rocket at the Morton Thiolok plant in Utah.