Memorandum

City of Lawrence

Legal Services Department

TO:	David L. Corliss, Interim City Manager
FROM:	Toni Ramirez Wheeler, Staff Attorney and Shelley Schupp, Project Engineer, Public Works Department
Date:	May 4, 2006
RE:	Proposed License Agreement – 515 Rockledge Road, Phillip and Rachel Rademacher, Owners of Record

Phillip and Rachel Rademacher, owners of 515 Rockledge Road, request permission to install a business sign and landscaping in a portion of the right-of-way adjacent to their property.  Due to the width of the right-of-way adjacent to Mr. and Mrs. Rademacher’s property, installation of the sign outside the right-of-way will have low visibility from the street.  Mr. Rademacher, a registered investment advisor, operates Rademacher Financial, Inc. at this location.  He wishes to install a business sign that will have better visibility from the street.

Rockledge Road is a street that connects Sixth Street to McDonald Drive.  It has several commercial business entrances and has a traffic volume that represents a minor arterial, according to the City Engineer. 

The City’s sign code prohibits the installation of signs in the City right-of-way.  Chapter 16, Article 8 of the Code also prohibits property owners from appropriating any public right-of-way for any private use.  Therefore, the property owners may not install a sign in the right-of-way without the City’s approval.

Public Works Department staff contacted utility representatives and other City departments regarding Mr. and Mrs. Rademacher’s proposal to install a sign in the right of way at 515 Rockledge Road subject to a City of Lawrence License Agreement.  Project Engineer, Shelley Schupp, advises installation of a sign and landscaping, subject to an authorized License Agreement, is acceptable to the parties contacted.

Staff recommends the Commission authorize the Interim City Manager to enter into a License Agreement substantially similar to the attached Agreement. The proposed agreement authorizes the property owners to install a sign and landscaping at the location, subject to certain conditions.  The owners agree to move the sign and landscaping at their sole cost and expense should the City deem it necessary.  The owners also agree to indemnify the City from any claims, actions or damages related to their use of the right-of-way.  Finally, the City may terminate the agreement at any time and for any reason by giving the owners a 30-day written notice.