Memo from Mike Elwell requesting parking fee reduction

To:         City Commission

CC:        City Manager-Mike Wildgen

From:     Mike Elwell

Date:     10/26/2004

Re:         Abe and Jake's Monthly Rent

I would like to discuss the rent requirement for Abe and Jake's Landing which is to begin in January of 2005. Initially there was no requirement that Abe and Jake's pay any rent as long as the restoration of the building was completed. Then a request was made that we agree to pay a monthly rent because the city was going to remove the 50 cent parking fee and this would indirectly benefit Abe and Jake's because it would be free parking for two hours. Since that time the City agreed to let the Marriott have the exclusive use of 129 spaces on the upper level of the parking garage. In addition the mall owners are required to purchase 234 yearly parking permits. So between use by the Marriot, mall tenants and city use the effective use of the parking has been reduced substantially. In the mean time when we are busy in the evenings on Friday or Saturday we have to pay staff to stay in the parking lot and direct incoming traffic not to park in the Marriot spaces or their vehicles will be wheel locked or towed. Abe and Jake's has also purchased 3 large signs that warn of the consequences of parking in the Marriot spaces.

Currently there are 70 spaces on the upper level open to the public, excluding handicapped or loading spaces. The lower level has roughly 200 spaces available, excluding handicapped, loading and city vehicle spaces. The lower level is also a pay-to-park lot Monday through Friday.

During the two years that Sprint occupied the space below Sunflower Cablevision it was very difficult to find a space in the upper lot as employees of Sprint continually moved their cars every two hours rather than purchase permits.

In a nutshell our agreement to pay rent was predicated on a large lot open to the public. This is not what we have come to find. Marriot parking spaces, City Spaces, Parking Permits and pay-to-park on the lower level have severely limited the number of spaces available to the Public. All of these factors coupled with the cost to staff the parking lot for events on weekends should be taken into consideration.

Abe and Jakes is requesting that the City eliminate or substantially reduce the monthly rent given what has happened since the initial agreement. Thank you for your consideration in this matter.

Mike Elwell