Page 12 University Daily Kansan, January 15, 1981 City, developer try to reach agreement on mall By DAN BOWERS By DAN BOWERS Staff Reporter City officials soon will know whether they can reach agreement with a Cleveland developer regarding the need for a downtown development in downtown Lawrence. Lawrence Mayor Ed Carter, City Planner Garner Ski and representatives from the city's consulting firm met in Cleveland last week with representatives of the developer Jacobs, Viscioni and Jacobs to discuss their needs and intentions regarding a downtown mall development. AT THE WEEK'S City Commission meeting, Carter said JVJ was willing to consider the city's proposal and would make a decision whether its firm would want to be the developer in such a project in two weeks. JVJ has concentrated on planning a downtown enclosed mail that would encompass the area between Seventh and Mississippi Massachusetts and Rhode Island streets. Stoll said the enclosed mail proposed by JVJ was "out of character with those stores across the street ar- ADVENTURE Teaching Supplies for schools, preschools, and parents board display cards diplomas display cards flash cards learning games, puzzles, records, activity books, reward mats and 'Shaka' toys. Open Mon., Sat 9:30-10:30, Sun 10:30-11:30 Adventure Amazes (build the dragon) B43-8424 10:10 MAIN STREET "These stores are still economically sound." he said. citually," To make room for an enclosed mall of that scale, Stoll said, the stores on the east side of the Boston Street would have to be condemned. Last year, with public opinion against an enclosed downtown mall, the Commission reached a general consensus that an enclosed downtown mall should not be pursued. City officials and other stakeholders style of development proposed by Teska Associates of Evanston, III., the city's consulting firm. THE CLUSTER system may include enclosures that would connect existing stores with two or three national department stores and retail stores, said Bruce Heckman, a representative of the Teska firm who accompanied Carter and Stoll to Cleveland to meet with JVJ. Carter said the cluster concept was not as lucrative as the enclosed mall for JVJ. "We can't involve a developer in profit, because there's a motive for profit," he said. He noted that the Commission was responsible for acting in the city's best interests before taking action, and that it was the motive conflicted with that interest. Heckman and the city commissioners have said they were confident the demand for major department stores in Lawrence was high enough to encourage them to enter the Lawrence retail market. "They're knocking on our door," City Commissioner Marci Francisco said. HECKMAN SAID his firm was making ongoing contacts with retailers at various corporate levels. the profit potential from a conventional format. "We feel that there is no doubt they can do it and make a profit," he said. Such conditions, inherent in an enclosed mail, allow for unified store hours, a climate-controlled enclosure, and a conductor to heavy consumer traffic. "They don't want to make any commitments until final plans are laid out, but at this point they have shown an example in the cluster approach," he said. According to Stoll, JVJ was concerned that a non-enclosed mall would not attract major department stores. He said the major department stores generally looked for some form of central management. HECKMAN SAID JVJ was looking at Locating a developer must precede involvement of the stores, and Carter is optimistic about keeping JVJ on the project. "A clash of interests is evolving as cornfield developers are having to work in order to work with cities like Lawrence in a developing shopping malls," he said. A Feb. 23 rezoning hearing before the Lawrence-Douglas County Planning Commission is scheduled for consideration of commercial resoning of land at 31st Street and Armstrong Road. Heckman said Lawrence's situation typified what was occurring around the country as "cornfield" developers approached cities like Lawrence. "TVJ is going to continue to pursue continuation of rejoicing efforts for a mall southeast of Lawrence, just to keep the pressure going. site at Iowa Street previously had been rezoned for commercial uses. If JV's reasoning request were correct, the city, arguing that land is surrounding the city, would reject it. THE SUBURBAN mall was strongly opposed by area residents and city officials, who fear such a mall would severely hurt Lawrence's business district and lead to vacancies downtown. BASF Performance Series is a superior low noise, high output tape for music recording, specially polished for clarity of sound reproduction and reduced background noise. "JVI is really the only developer that has shown an interest in Lawrence. They are sincerely interested in developing the Lawrence market," Carter said. "If our standards can meet, they will be very highly considered (as the developer for the downtown mall project)." 978 MASSACHUSETTS DOWNTOWN On the other hand, if the city and JVJ cannot reach agreement on downtown retail development, officials fear JVJ is likely to begin pursuing a construction of a suburban mail on Iowa Street southwest of Lawrence. AUDIOTRONICS By DALE WETZEL Staff Reporter A petition aimed at blocking the City Commission from acquiring new development property in Lawrence's central business district is awaiting judgment in Douglas County District Court. RUNICS IN THE MIDDLE The petition was validated by the Douglas County clerk Dec. 19 and contained 2,400 signatures. It called on the city to halt efforts to "acquire new property or to develop, redevelop, demolish or otherwise alter" commercially zoned property downtown, pending the Commission's adoption of a comprehensive downtown development plan. recent eviction of toymaker Bryan Anderson from his building at 600 Mass. St. The city condemned the building to eventually raze it and construct an off-street parking lot. Anderson fought the city's decision for more than a year and eventually had to be led out of the building by the county sheriff. State law required the city to take action on the validated petition within 20 days. In a Jan. 6 meeting two days before the deadline, the commission voted 4-1, with Marci Francisco dissenting, to send the petition to Douglas County District Court for judgment. Land petition awaits decision The petition was inspired by the city's Milton Allen, city attorney, defended the Commission's decision, saying that the petition contained several vague provisions and was lacking some form requirements necessary for a city ordinance. "Legally, our position is well taken," Allen said. In 1975, petitioners attempted to force a ballot on the issue of parity between firemen and policemen's salaries. When the Clinton took the matter to court, the Justice Department sued in its favor, saying that the issue was not subject to referendum. Allen said. The petition also did not specifically indicate who would make decisions on the issue. At previous meetings, city commissioners have said they are in favor of the petition's general thrust in calling for a comprehensive city policy on the downtown area. But, with the exception of Commissioner Marc Francisco, they are opposed to the restrictions the petition would put on the city pending adoption of such a plan. badger airbrushes & accessories For example, the petition calls for the "finding and description of blight conditions" in an area to be redeveloped. This would result in the city having to do blight studies for even the most minor improvement projects; according to commissioner and KU law professor Barkley Clark. 623 vermont 841-1777 9-5:30 M-S Clark pointed out that the city's consulting firm, Robert Teska and Associates of Evanston, IL, was due to start a new venture in redevelopment within a few weeks. MC/Visa In the meantime, he said, a city downriver would be appropriate. Richard Kersenbaum, one of the petition's sponsors and a member of the East Lawrence Improvement Association, said at Monday's Commission meeting that the petitioners advocated for a proposed ordinance to the city's satisfaction. 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