February 29, 2000

 

The Board of Commissioners of the City of Lawrence met in regular session at 6:35 p.m., in the City Commission Chambers in City Hall with Mayor Hodges presiding and members Dunfield, Henry, Kennedy and Rundle present.      

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the City Commission meeting minutes of February 22, 2000.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to receive the Traffic Safety Commission meeting minutes of February 7, 2000.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the Drinking Establishment License for Jack Flanigan’s Bar & Grill, 804 West 24^th (Contingent Upon State License); Free State Brewing Co., 636 Massachusetts; The Pool Room, 925 Iowa; and, the Retail Liquor License for Hird Retail Liquor, 601 Kasold, B-101.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve claims in the amount of $439,045.94 and payroll from February 13, 2000 to February 26, 2000 in the amount of $1,094,518.57.  Motion carried unanimously.

            The City Commission reviewed the bids for a sixteen (16) passenger bus for the Parks and Recreation Department.  The bids were:

 

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to Collins Bus Corporation in the amount of $43,953.00.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the sole bid from Air Cleaning Technologies in the amount of $17,300.00 for a vehicle exhaust removal system for the Fire/Medical Department.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the purchase from Porter Lee Corporation as the sole source for the B.E.A.S.T. (Barcoded Evidence Analysis, Statistic, and Tracking) Evidence Management System in the amount of $11,582.00 for the evidence room at the Lawrence Police Department.  Motion carried unanimously.

The City Commission reviewed the bids for a Tandem Axle Truck with a Hydraulic Crane for the Utilities Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to Custom Truck Sales in the amount of $106,621.00.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the City Manager to enter into a Supplemental Services Agreement with BG Consultants for $18,825.00 to design the relocation of the waterline on Kasold Drive that was in conflict with the Recreational Path Project.  Motion carried unanimously.                                                                                                              

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the contract with Insituform for stormwater line repair work near the North Lawrence Pump Station in the amount of $68,075.00.  Motion carried unanimously.                                                                                                                      

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to receive the Planning Commission’s recommendation to adopt Resolution No. 6160, establishing April 11, 2000, as the public hearing date for the propose redevelopment plan in the 900 block of New Hampshire.  Motion carried unanimously.(1)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to place on first reading Ordinance No. 7197, establishing the City Commission’s quorum at four (4) members.  Motion carried unanimously.                                                   (2)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to place on first reading Ordinance No. 7198, authorizing condemnation of a tract of right-of-way at 2427 West 31^st Street.  Motion carried unanimously.                    (3)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to place on first reading Ordinance No. 7199, authorizing condemnation of utility easement for Western Hills Sanitary Sewer Project at 4121 West 13^th Street.  Motion carried unanimously.                                                                                                              (4)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to re-approve the Use Permitted Upon Review (UPR-12-15-98) for Dance City, located on Lot 2, The Landing, north side of Clinton Parkway, east of Sport-2-Sport for an extension of one year because of unforeseen delays.  Motion carried unanimously.(5)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the Planning Commission’s recommendations, approve the Final Plat for 450 Addition, a replat of Lot 3, Ridge Mount Addition and part of Lot 1 in Ertl’s Addition, a one-lot planned commercial development containing approximately 1.164 acres, located south of the southeast corner of North Iowa Street and Riverridge Road, commonly known as 450 North Iowa, and accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Provision of redistribution of Special Assessments, if applicable, which meets the City’s requirements and was acceptable to the City Clerk and Public Works Director; and,

2.                  Execution of A Temporary Utility Agreement.

Motion carried unanimously.                                                                                             (6)              As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the Planning Commission’s recommendations, approve the Final Plat for McDonald’s Subdivision No. 2, a replat of Lot 1, Landmark Addition and an unplatted tract in the Northeast quarter, Northeast quarter of Section 14, Township 13 South, Range 19 East, a one-lot commercial subdivision containing approximately 1.184 acres, located on the north side of West 33^rd Street, west of Iowa Street (U.S. Hwy. 59), and east of Nieder Road, and accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Execution of a Temporary Utility Agreement;

2.                  Provision of a revised final plat to include the following information and notes;

a.                  Access to Iowa Street was prohibited; and,

b.                  Access to 33^rd Street was prohibited and access to Nieder Road shall be determined at the development plan.

Motion carried unanimously.                                                                                              (7)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the Traffic Safety Commission’s recommendation to revise the recently established parking restrictions on 22^nd Court by allowing parking along the west side of 22^nd Court within the cul-de-sac and direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                                  (8)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to receive the Traffic Safety Commission’s recommendation to agree with the Bicycle Compatibility Index Study that bicycle lanes were not practical on 6^th Street.  Motion carried unanimously.                                                                                                    (9)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to receive the Traffic Safety Commission’s recommendation to agree with the Bicycle Compatibility Index Study that bicycle lanes were not practical on 11^th Street.  Motion carried unanimously.                                                                                                (10)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the Traffic Safety Commission’s recommendation to recommend funding for 2000 Pedestrian-Bicycle Projects, using the non-motorized budget line item in the amount of $50,000.00 for 24^th Street sidewalk; Bicycle signing; Kasold Drive sidewalk, Louisiana pedestrian signals; Iowa pedestrian signals; and, Atchison Avenue sidewalks.   Motion carried unanimously.                                                                    (11)

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the Mayor to execute an easement agreement with Mike Elwell for permanent electric supply to the Barbed Wire Building.  Motion carried unanimously. (12)

            Fred Devictor, Parks and Recreation Director, presented the staff report on the formation of a volunteer bike patrol.  The intended mission of the volunteer group was to inform, assist and educate mountain bikers and the trail users of environmentally sound and responsible riding.  Emphasis would be placed on emergency care, education, trail use etiquette and first aid assistance.  Volunteers would be trained in first aid, land management, and trail use philosophy.  The volunteer bike patrol would not be enforcement officers, but would help monitor the trail and report problems and concerns to Parks and Recreation and Law Enforcement Staff.   Staff was recommending this partnership because it was important to provide safer trails for users and to help monitor the conditions of the trails.

            The City Commission concurred to direct staff to proceed with implementation of a volunteer bike patrol for the bike trails in Lawrence Riverfront Park.                            (13)

            Richard Heckler, Vice Chair, Traffic Safety Commission, presented the recommendation from the Traffic Safety Commission to concur with the Bicycle Compatibility Index Study that stated bicycle lanes were not practical on 9^th Street without the removal of parking on both sides of the street.  The recommendation came to the City Commission on a six (6) to two (2) vote.  Heckler said two (2) negative votes did not want to completely eliminate the possibility of bicycle lanes on 9^th Street.  They thought there were options available to get bicycle lanes on 9^th Street.

            Michael Almon, 1311 Prairie, said there were other issues to consider other than parking.  Safety was an important issue.  He thought it was feasible to consider bicycle lanes on 9^th Street.  Almon asked what were the City Commission’s plans concerning the Bicycle Compatibility Index Study.

            Hodges said the Bicycle Compatibility Index Study was referred to the Traffic Safety Commission for recommendations.  After the Traffic Safety Commission made their recommendations, staff would present a report to the City Commission at a future meeting.

            The City Commission concurred to receive the recommendation from the Traffic Safety Commission to concur with the Bicycle Compatibility Index Study that bicycle lanes were not practical on 9^th Street without the removal of parking on both sides of the street.                                                                                                                     (14)   

            Bill Newsome, Riverfront LLC, presented a revised request concerning the development of a Marriott Hotel at the Riverfront Plaza.  The Riverfront Group met with staff, the Convention and Visitors Bureau, and Downtown Lawrence Inc.  As a result of those meetings, they modified their proposal in an attempt to make the project work.

            The request for the ground lease was modified to ask for a waiver of the lease for the hotel portion on the development during the construction period, which was estimated to be nine (9) months.  The request was on forty percent (40%) of the building, which had no revenue generating potential during construction.  Newsome said no ground lease payments were made during the original construction period on the property and the Riverfront thought this request was a fair and reasonable.

            On parking, Riverfront requested one hundred thirty-eight (138) parking spaces at ninety-six dollar ($96.00) per space.  This was dedicated parking on the upper level.  Newsome said they were not asking for a fixed rate on these spaces and they were subject to any subsequent rate increases on long-term parking that the City would implement.  In addition, the Riverfront would pay for maintenance, policing and any taxes.

            Newsome said the guest tax or other public financing was important to provide for a meeting room complex in the Downtown.  The Riverfront was proposing a formula giving credit, on a six (6) year rolling average, to be reimbursed for increases in guest tax revenue with a cap of $48,000.00 for eight (8) years.  He presented an analysis showing the computations.  Putting a growth factor into the equation was an accurate and equitable assessment of any cannibalization other than the arbitrary $24,000.00 that was presented in the first proposal.  The revised proposal was to apply the two-thirds (2/3) / one-third (1/3) split directly after the growth factor was applied to the prior years number.  The Convention and Visitors Bureau proposal suggested the two-thirds (2/3 / one-third split, but the definition of incremental above existing market performance was flawed and Riverfront could not agree with that concept.               

            Henry asked if the designated parking was a requirement to make the facility work.

            Newsome said Marriott required the designated parking and the project would not work without the parking.

            Rundle asked if valet parking was included in the Marriott concept.

            Newsome said valet parking could be a possibility, but was not part of their prototype development of Spring Hill Hotels.

            Dunfield said the supply of parking does not seem to be a problem at the Riverfront parking garage.  He thought it might not be a hardship to sell general parking spaces and have the customers find a parking space which was not reserved.

            Newsome said the spaces needed to be designated so Marriott could guarantee their customers a space.

            Kennedy said Marriott might want to acquire some dedicated spaces on the lower level because it was a better location.

            Chuck Marley, representing the Marriott, said the dedicated spaces on the upper level was the simplest and most direct way to provide for the parking.   It was important to have direct and easy access to parking for the customers.

            David Longhurst, Mall Manager, said the dynamics of a hotel and use of parking spaces at the parking garage would work well.  The parking demand was Monday through Friday during the day which was driven by Sprint employees.  Those employees use the long-term parking at the lower level.  The upper level parking was underutilized at the present time.

            Joyce Riddle had concerns about maintaining the dedicated parking places and maintaining the parking structure itself.  The Barbed Wire Building also needed reserved spaces.  The City Commission should consider reserved spaces for the Barbed Wire Building and make sure parking was available for Eagle Day at the mall.

            Jerry Bottenfield, Downtown Lawrence Inc., said they supported the project in general.  Downtown Lawrence thought the project  would be a benefit to the Downtown area.

            Dunfield asked if they supported the dedication of parking spaces to the hotel.

            Bottenfield said they endorsed the project as a whole and did not specifically address the parking problem.  Downtown Lawrence was forming a committee to look at the parking as whole in the Downtown area.  Downtown Lawrence endorsed the project knowing parking was an important part of the project

            Rundle spoke in support of the project, but had a concern about the use of guest tax funds for the meeting room space.

            Henry supported the dedicated parking spaces and the waiver of the ground lease.  He expressed concerns with using the guest tax,

            Dunfield supported the project and wanted to see the facility utilized.  The dedicated parking spaces were troubling to him because it limited the use of a public facility for an indefinite period of time.  His concern was other businesses might want to do things downtown only if there was dedicated parking for their customers.  He expressed a concern with the guest tax because there was not a strong endorsement from the Convention and Visitors Bureau on using those funds for development of the meeting space.

            Hodges had a concern with the waiver from the ground lease.  He thought the waiver was insignificant for the mall owners and City.  He was surprised it was on the table.  He supported the dedicated parking spaces because the parking garage was built for the Riverfront Mall.  Hodges supported the use of the guest tax funding utilizing the modified formula as presented by the mall.  It seemed the simplest and easiest to work.                   

            Kennedy supported the dedicated parking spaces because the Riverfront garage was built for the mall.  He said sometime in the future the hotel might want to rethink the location of those dedicated spaces.

            Moved by Rundle,  seconded by Dunfield            , to waive the prorated share of the ground lease for that portion of the property dedicated to the hotel during the construction process for a period not-to-exceed nine (9) months.  Aye:  Dunfield, Henry, Kennedy and Rundle.  Nay: Hodges.  Motion carried.                                                    (15)

Moved by Hodges, seconded by Kennedy, to approve the use of one hundred thirty-eight (138) dedicated parking spaces with the locations to be negotiated by staff at ninety-six dollars ($96.00) per year and subject to any subsequent rate increases for long-term parking plus any additional spaces needed for a stairway connecting the upper and lower levels of the parking garage.  Aye:  Hodges, Dunfield, Henry and Rundle.  Nay:  Dunfield.  Motion carried.                                                                                     (16)

Moved by Hodges, seconded by Henry, to approve the use of the guest tax for meeting room space at the Marriott Hotel based upon the formula presented by Riverfront LLC using the base average increase for an eight (8) year period with a maximum contribution of $48,000.00 per year.  Aye:  Hodges and Kennedy.  Nay: Dunfield, Henry and Rundle.  Motion failed.                                                                    (17)

 

Mark Anderson, representing the Eldridge Hotel, requested the City Commission direct staff to enter into negotiations with the Eldridge Hotel on providing off-street parking for the hotel.  Parking requirements for a hotel Downtown was different than commercial parking.  Recent expansion of retail developments in the area made it difficult for hotel guest to find parking spaces.  As part of the request, some dedicated spaces adjacent to the Eldridge were important.

Jerry Bottenfield, Downtown Lawrence Inc., suggested the City Commission refer the request to the Downtown Lawrence Committee on Parking for a recommendation.  They hoped to be able to come up with a solution that was favorable for the hotel, the City and other businesses Downtown.

Rundle suggested referring the request to the Downtown Parking Advisory Committee. 

The City Commission concurred to direct staff to refer the request for dedicated parking spaces from the Eldridge Hotel to the Downtown Parking Advisory Committee with input from other concerned organizations and citizens including Old West Lawrence.                                                                                                                              (18)

The City Commission concurred to cancel the City Commission meeting of July 4, 2000.

Bill Newsome, Riverfront Plaza LLC, said since the City Commission did not endorse using guest tax funds for the meeting spaces, if the City Commission had any other ideas on how to support the meeting space.

Dunfield did not see that the Marriott had any responsibility to build additional meeting spaces Downtown.

Judy Billings, Convention and Visitors Bureau, said it was difficult to access the value of the additional meeting space.  It was important to have meeting space Downtown and especially the high tech meeting space as proposed in this development.  She thought the meeting space would better meet the needs of the community than conventions.  The Convention and Visitors Bureau was in support of the project because of the positive impact it would have on Downtown Lawrence.

Rundle asked if Billings had any ideas on funding mechanisms for the meeting spaces.

Billing said “no.”

David Longhurst said meeting space was an important benefit to the Downtown area.  He thought it was in the public interest to provide this space.

Todd Thompson supported finding funding for the meeting space.  He requested the City Commission direct staff to work with the developer to find funding.

The City Commission concurred to direct staff to see if there were alternative funding options available for meeting space in the Marriott development.                    (19)

Moved by Kennedy, seconded by Hodges, to adjourn at 8:35 p.m.  Motion carried unanimously.        

 

APPROVED:

 

_____________________________Ervin E. Hodges, Mayor

ATTEST:

___________________________________                                                                        

Raymond J. Hummert, City Clerk

COMMISSION MEETING FEBRUARY 29, 2000

1.                  Resolution 6160 – Public Hearing, Redevelopment Plan in 900 blk of New Hamp.

2.                  Ordinance No. 7197 – 1^st Reading, City Commission Quorum at 4.

3.                  Ordinance No. 7198 – 1^st Reading, condemnation, tract of R-O-W, 2427 W 31^st .

4.                  Ordinance No. 7199 – 1^st Reading, condemnation, utility easement for Western Hills Sanitary Sewer Project, 4131 W 13^th.

5.                  UPR-12-15-98 – Dance City, N side of Clinton Pkwy, E of Sport-2-Sport, extend 1 year.

6.                   Final Plat – 450 Addition, Lt. 1 in Ertl’s Addition, 1.164 acres, S of SE corner of N Iowa & Riverridge Rd.

7.                  Final Plat – McDonald’s Subdivision No. 2, replat of Lt 1, Landmark Addition, 1.184 acres, N side of W 33^rd.

8.                  TSC – Allow parking W side of 22^nd Ct. within cul-de-sac.

9.                  TSC – Bike lanes not practical on 6th

10.              TSC – Bike lanes not practical on 11^th.

11.              TSC – 2000 Pedestrian-Bicycle Projects, $50,000 for 24^th St., Kasold, Atchison sidewalk; Louisiana & Iowa pedestrian signals.  

12.              Easement Agreement – permanent electric supply to Barbed Wire Bldg.

13.              Bike Patrol – Lawrence Riverfront Park.

14.              TSC – Bike lanes not practical on 9^th St.

15.              Ground Lease – Marriott Hotel at Riverfront Plaza.

16.              Parking Spaces – Riverfront Plaza

17.              Guest Tax for meeting room – Riverfront Plaza.

18.              Parking – Eldridge Hotel.

19.              Meeting room – Alternative funding options.