Memorandum

City of Lawrence

Planning & Development Services

TO:	Diane Stoddard, Interim City Manager
CC:	Scott McCullough, Director Planning & Development Services Randall F. Larkin, Senior Assistant City Attorney Dr. Rick Doll, Superintendent USD 497
FROM:	Sheila M. Stogsdill, Planning Administrator
DATE:	July 14, 2015
RE:	Proposed transfer of City Park Property to USD 497 for Pinckney School Improvements

Background

During the pre-submittal review process for expanding Pinckney Elementary School, located at 810 W 6^th Street, City staff noted that portions of the school blacktop and playground areas are located on city park property in the adjacent Clinton Park. The School District has an interest in acquiring this property that has traditionally been used by the school, in order to facilitate new parking improvements planned with the 2012 bond projects.

The use of a portion of Clinton Park for Pinckney School playground purposes dates back to a 99 year lease granted by the City Commission to the Board of Education in 1939. Ordinance No. 1989 permitted the School District’s use of the south 250 feet of the original Clinton Park.

During the review of proposed Schwegler Elementary School improvements, it was determined that the City needed a drainage easement in the southwest corner of the school site to accommodate planned stormwater improvements at 23^rd Street and Ousdahl Road.

Following discussions between School District and City staff, a recommendation was made that a drainage easement be dedicated with the Schwegler final plat and that the School District request that the City transfer a portion of the park property to incorporate the existing school playground and parking areas into the school site. It was determined this could be accommodated with a proposed replat of the Pinckney School property and Clinton Park.

The following provides a brief summary of action related to this project this past year:

12/18/14 - HRC approved DR-13-00501 for renovation and addition to Pinckney Elementary School

01/06/15 - City Commission accepted the dedication of the drainage easement on the Schwegler Elementary School property

03/23/15 - School District submitted a Minor Subdivision application to facilitate the Pinckney Elementary School improvements and requested that the City initiate the process to consider the transfer a portion of the Clinton Park property to the School District.

04/14/15 - City Commission authorized the publication of the proposed transfer in accordance with K.S.A. 12-1301. This action only authorized notice to the public regarding the proposed transfer.

04/16/15 – HRC received public comment regarding transfer and expressed a desire to retain the park as open space. Commission endorsed a staff recommendation for a ‘no build’ easement to accommodate playground, fire lane and minimal parking improvements as previously approved.

Pinckney Neighborhood Association representatives also expressed regarding the loss of park land in the neighborhood. They also recommended that the transfer include a reversion clause if the school district ever abandoned a school use on the property.

04/18/15 and 04/25/15 – The notice to the public was published in the Lawrence Journal-World.

05/07/15 – Meeting convened with LPA, PNA, USD 497 and City representatives to discuss various issues related to the proposed land transfer and potential conditions to be included.

06/02/15 – City Commission authorized staff to draft the necessary legal documents for the proposed transfer of approximately 1.38 acres of Clinton Park to USD No. 497 in order to accommodate a new fire access lane from Alabama Street with limited parking improvements as shown on the District preliminary site plan as approved by the Lawrence Historic Resources Commission on December 18, 2014, subject to conditions that the documents include a ‘no build’ easement and a ‘right of first refusal’ clause.

The Commission’s agenda materials include a ‘no build’ easement that is proposed to be filed at the Register of Deeds and referenced on the filed Minor Subdivision/Replat for the property; the warranty deed for the transfer of property which includes a ‘first right of refusal’ clause; and the Administrative Determination for the Minor Subdivision/Replat which identifies the Commission’s requested actions to vacate a portion of Alabama Street right-of-way and accept dedication of new drainage easement for existing storm sewer lines on the property.

Requested Action

a) Consider the proposed ‘no build’ easement that limits future improvements on the park property to only fire lane and limited parking spaces and maintains the majority of the historic park property as greenspaces for play areas and gardens.

ACTION: Approve ‘no build’ easement, if appropriate.

b) Consider the warranty deed, with right of first refusal clause, for the transfer of 1.38 acres of Clinton Park property to USD 497.

ACTION: Authorize the Mayor to sign the Warranty Deed, if appropriate.

c) Consider the proposed dedication of easement and vacation of right-of-way as depicted on the Minor Subdivision for Pinckney Addition, located at 810 W 6^th Street. Submitted by Grob Engineering Services, LLC, for USD # 497 and the City of Lawrence, property owners of record.

ACTION: Accept dedication of a stormwater drainage easement and vacate 10’ of right-of-way for Alabama Street associated with a Minor Subdivision, MS-15-00123, for Pinckney Addition, if appropriate.