Manager Watson announced Congressional appropriation committee hearings in Washington,

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1 1 251 Manager Watson announced Congressional appropriation committee hearings in Washington, D.C. on May,5, Manager-Watson announced the Big Eight Cities meeting here in Lawrence on Sunday, April 20, Moved by Binns, seconded by Argersinger, to refer to the staff questions relative to Babcock Place area and requested a report at next week s meeting. Babcock Place Moved by Argersinger^ seconded-by Pence, to adjourn to executive session to deal with matters of personnel. ATTEST: Barkley Clark, Mayor Vera M ercer, City Clerk April 22, 1975 The Board of Commissioners of the City of Lawrence met in regular session at 7:00 p.m. with Mayor Clark presiding and members Argersinger, Binns, Mibeck, and Pence present. Student Commissioner Cindy Bodle was also present. Minutes of the meeting of April 15, 1975, were approved as written. Mr. Leroy Chittenden, 1935 Ohio, spoke to the Commission about the present regulations regarding hitchhiking. He feels that the ordinance is used selectively, wonders why such an rlitchh iking ordinance against hitchhiking is really necessary in the City. Manager Watson explained that the City's Code complies with the State law and that this pertains to persons hitchhiking who are standing in the roadway. Further it was explained that persons standing on the curb or in the sidewalk area are not considered to be hitchhiking illegally. Mr. Richard L. Ray spoke to the Commission as a representative of the merchants on Merchants on fe. 8th to have East 8th Street. He asked for permission to close 8th Street from Massachusetts Street to New M usicl&sidewalk sale Hampshire on May 3rd from 10:00 a.m. to 5:00 p.m., to have live or recorded music, and sales along the sidewalks. Manager Watson recommended that the street not be closed but that the Commission allow the sidewalk sales, subject to the submission of the required liability insurance policy naming the City as an added insured. Mr. Ray explained the unusually high cost for the insurance and he feels hopeful that the Commission could find a way to defray such an expenditure so that it could help to stimulate interest to try to hold a viable economy in the Lawrence downtown area. Moved by Binns, seconded by Argersinger to grant permission for this sidewalk use from 10:00 a.m. to 5:00 p.m. on May 3, subject to the receipt of the liability insurance.

2 o Bids Moved by Pence, seconded by Binns, to set a.bid date of May 12,,1975, at 10:00 a.m. to receive bids for one fire alarm system, an updated communication system for the three fire stations. Argersinger felt that the Cab Company property should be left as residential and remain Rezone Cab Co. non-conforming. Pence felt that it would be unfair to treat the zoning of theoroperty containing l. 1 i. 1. i.. < v s the Cab business differently from the way other existing businesses.have been treated in East Lavyrence. (. Ward Thomspon explained that his business had been located here for 30 years, that it. was zoned commercially until 1966 and requested that the Commission favorably consider this rezoning. Binns expressed that he would consider this action as a flagrant example of spot zoning and he opposes such action. Bonnie Bond, 1500 Barker, asked just where this business could be located as centrally as it is at present. Argersinger suggested 11th and Vermont. Moved by Pence, seconded by Mibeck, to place on first reading Ordinance No to rezone from RM-1 and C -l to C-5, Lots 91, 93, 95 along New Jersey Street. Aye: Clark, Pence, Mibeck. Nay: Argersinger, Binns. Moved by Pence, seconded by Argersinger, to place on first reading Ordinance No to rezone 4.77 acres between 10th and 11th Street along Delaware Street from M-2 to RM-1 and R M -lto M -2. Streets & Sewers Moved by Pence,1 seconded by Binns, to acknowledge receipt of a letter from Mr. Carl Hird requesting the construction of streets and sewers in Lot 12 of Holiday Hills No. 10, and to refer this request to the Director of Public Works for recommendation and preparation of proper petitions. The plat of this property has not yet been filed. Streets & Sewer Moved by Pence, seconded by Mibeck, to approve the.plans and specifications for Project No. 4-CP3-375, streets and storm sewers in Deerfield Park No. 2 and Pioneer Ridge No. 4 and 5 and to set 7:00 p.m. on May 13, 1975, as date to receive bids. e t i Moved by Argersinger, seconded by Binns, to acknowledge receipt of the petition Streets requesting streets in Heatherwood Heights and Guaranty of Payments covering this proposed improvement and authorization that the staff proceed with preparation of plans and specifications. Annexation Moved by Binns, seconded by A rgersinger, to acknowledge receipt of a letter from Mr. i. Don E. Scott, 2176 East 23rd Street requesting annexation and to refer this item to the staff for further study and a recommendation. Remove Parking ij Moved by Binns, seconded by Argersinger, to place on first reading Ordinance No to remove parking from the south side of 22nd Street west of Ousdahl, along Sunnyside Avenue from Naismith to Sunflower, and on Iowa from 6th Street south to the City lim its. Motion carried,

3 Relative to the agenda item regarding the removal of trees with apparent Dutch Elm Disease, Mibeck asked if it is appropo for the City to expect the citizens»to do a better job of Dutch Elm D isease tree removal than the City does. He explained that he had notice and removed a tree from his property but,that there is a dead tree on the parking at his property which has been dead for four years. Moved by Binns, seconded by A rgersinger, authorization that the City Clerk notify property owners that certain diseased trees on their property need to be removed, and that special attention be given to Mr. Mibeck's tree,also that this work be contracted out so that the City Forestry crew can continue to remove trees on public right-of-way. Mr. Lantz, 326 Indiana, complained that there seems to be discrimination in determining what property owners are being notified. He was afeked to furnish a list of locations he has noticed which seem to have many trees with Dutch Elm Disease. 1 Moved by Binns, seconded by Argersinger, authorization that the staff prepare an ordinance incorporating the recommendations of the State Highway Commission regarding the speed limits on US 59 and 6th Street. Speed Lim it Ordinance No to rezone.27 acres at the northwest corner of East 11th and Pennsylvania Streets from RM-1 to C-5 was read a second time. Moved by Pence, seconded by Mibeck, adoption of the ordinance. Aye: Clark, Argersinger, Binns, Mibeck, Pence. Ordinance No to rezone 5.96 acres along Oregon Street between 11th and 12th Streets from RM-2 and M-2 to RM- 1 and C-4 was read a second time, Moved by Pence, seconded by Mibeck, adoption of the ordinance. Aye: Clark, A rgersinger, Binns, Mibeck, Pence. side of KasoldDrive 600 feet south of Harvard Road was read a second time. Moved by Pence, Ordinance No to rezone from RS-2 to RMD approximately 2.34 acres on the west seconded by Argersinger, adoption of the ordinance. Aye: Clark, Argersinger, Binns, Mibeck, Pence. Argersinger asked if something might be needed in the Comprehensive Plan to curb possible over density and congestion in the downtown area in future years. McClanathan answered that D ensity & C ongestion ir Downtown Ares he sees no problems in the foreseeable future. Ordinance No., 4587 to amend Chapter 20, A rticles 6 and-11 of the "Code of the City of Lawrence, Kansas relating -to minimum lot area per dwelling unit and Day Care Centers was Minimum l o t area read a second time. Moved by Pence, seconded by Binns, adoption of the ordinance. Motion carried. Aye: Clark, A rgersinger, Binns, Mibeck, Pence. 1 * % A

4 rl2 8 'N a. Sanitary Sewers Ordinance No providing for the issuance of temporary notes in the amount of $350, to pay for the construction of sanitary sewers in Deerfield Park No.. 2 and Pioneer Ridge 4 and 5, streets, sidewalks, and storm sewers in Deerfield Park 2 and for the paving and sidewalk construction oh West 27th Street was read a second time. Moved by Pence, seconded by Binns, adoption of the ordinance. Aye: Clark, A rgersinger, Binns, Mibeck, Pence. Claim Moved by Pence, seconded by Argersinger, approval of claim s in the amount of Sharing $618, and Federal Revenue/Claims from the Fifth Entitlement Period in the amount of $11, com m issions: Mayor Clark acknowledged receipt of the minutes from the following boards and Lawrence Arts Commission meeting of March. 17, 1975 Board of Zoning Appeals meeting of April 3, 1975 Minimum Housing Code Board-cf Appeals meeting of April 11, 1975 Park and Recreation Advisory Board meeting of April 15, 1975 Computer Services Agency Board meetings of March 6, M arch(20, and April 3, 1975 Lawrence Public Library Board meeting of March 18, 1975 Hospital Board meetings of March 19 and March 31, 1975 Mayor Clark, with Commission approval, made the following appointments to the various boards and com m issions: Traffic Safety Commission Ralph Gage-reappointment to a 3 -year term James M. Harrell-reappointment to a 3 -year term Library Board Hank Booth-reappointment to a 4-year term Howard Wiseman-reappointment to a 4 -year term Mayor Clark had requested that the Commission consider protesting the proposed rezoningj Leavenworth County in Leavenworth County on the Douglas County line. McClanathan explained that his request to protest was made because he does not know what the restrictions are in the Leavenworth County Zoning regulations, is fearful that there are no limitations on pollutant control or high structures in the proposed rezoning classification. Since the City of Lawrence is within five miles of this property in question the City, has protection by protest, therefor such request seemed to him necessary. Attorney Kovak, representing Lacy Steel Company, explained that the Leavenworth County Planning Commission had unanimously voted to approve this rezoning.application, that the building for fabrication of steel and iron will be.only 22 feet high, will contain 10,500 sq. ft. in plant area and 2,500 sq. ft. in office area, that all Federal, State,, and Local regulations are being complied with, that in no way will this improvement interfere- with the flight pattern of planes coming to the Lawrence Airport, that a lagoon is planned for sewer sanitation as well as a proposed dike if necessary to. prevent leakagetinto Mud Creek, thattwater is available to this location, and that the 2 1/2 acres in Douglas County is requested rezoned because of its close proxlmlty/to'the railroad. He explained that a $250, 000 SBA loan has been acquired,

5 that Mr. PetetLacy has 33 years of experience in this field, and that the location of the railroad in Douglas County, Highway 32, and the Turnpike made this land desirable, and this company's intent is to remain here<a very long time. Kovak requested that McClanathan not be given permission to appear before the Leavenworth County Commission. Charles Haverty, Chairman of the Economic Development Committee of the Chamber of Commerce, asked that the City Commission not protest this proposed rezoning, that at this point it is not a question of whether or not this facility will-be constructed, -but whether or not the City of Lawrence will cooperate. It is necessary to have a cooperative attitude, he explained, to sell our City to prospective industries,' and throwing up a red flag such as this would tend to set a precedent that our City is not as receptive or cooperative toward industry location as we need be and should be. He feels that this proposed protest action would be very detrimental to the Chamber's plans for raising $2, 000, 000 for acquisition of an industrial park and requested that the City Commission not protest this proposed zoning. Bill Randall1, Airport Operator, requested that assistance be given, if possible, to the County Commission in working toward an Airport Zone for the Lawrence Municipal Airport. Roger Martin, New Hampshire, asked how this proposed zoning fit in with the plan of 1995 and was told by McClanathan that it complies with neither the present nor the future Comprehensive' Plan. Moved by Binns, seconded by Pence, to take no action toward protesting this proposed zoning in Leavenworth County. Motion carried unanimously. Revenue Sharing requests will be considered at next week's meeting. Jes Santaularia brought the Commission information relative to happenings at the Pub during the past week. The Manager of Shorty's Cafe at 714 Massachusetts related incidents which Complaints on The Pub have occurred on the sidewalks in the area and even inside the cafe. Bob Schumm who has purchased a building in this block explained the legal restrictions he had recognized in talking with Mr. WestSantee and his Attorney. Mr. Delbert Smith spoke on behalf of his proprietorship. Moved'by Argersinger, seconded by Pence, to set a hearing at 7.2:00 p.m. on April 29 for the possible revocation of the cereal malt beverage license of Mr. Delbert Smith at the Pub. Moved by Pence, seconded by Binns, issuance of a cereal malt beverage license to the Clydesdale at 611 Vermont. The time for meeting with the hospital board next Wednesday, April 30, was changed to 7:00 p.m. from 4:00 p.m. Mayor Clark announced that the Maintenance Facility issue will be placed on next Tuesday's agenda. Moved by Binns, seconded by Argersinger, to adjourn into executive session to discuss personnel matters. ATTEST: Vera M ercer, City Clerk Barkley Clark,^fflayor