2010-04-26 specPLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
CITY OF MOUND MISSION STATEMENT: The City of Mound, through teamwork and cooperation, provides at a reasonable
cost, quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community.
AGENDA
MOUND CITY COUNCIL TAY, APRIL 26, 2010 - 6:30 PM
SPECIAL WORKSHOP MOUND CITY COUNCIL CHAMBERS
Page
Open meeting
2. Discussion/consideration of options /next steps of the downtown Mound 1 -30
parking program
3. Adjourn
• 5341 Maywood Road
Mound, MN 55364
(952) 472 -0604
MEMORANDUM
To: Honorable Mayor and City Council
From: City Manager Kandis Hanson / Public Works Director Carlton Moore / Finance
Director Catherine Pausche
Date: April 22, 2010
Re: CBD Parking / Next Steps
Summary
At the December 8, 2010 City Council meeting, staff recommended changes to the
existing Central Business Parking Program for 2010. At that time, the Council
elected to extend the program in the existing format until June 2010 and
recommended to conduct a workshop in the future to discuss options /next steps of
the downtown Mound parking program.
Comments
• Copies of the June 2009 and December 2009 packet materials previously
• provided to the City Council have been included as attachments.
Additionally, the excerpts from the December 8"' meeting have also been
included.
• Amendments to the parking provisions in the zoning ordinance of Mound's
City Code may need to be evaluated, including but not limited to, inclusion of
a possible percentage reduction from SF building calculations for
"common /unusable space (i.e. mechanical room, stairways, etc.) as well as
provisions for situations where the existing parking supply /demand is met;
also the actual parking requirements.
• Excerpts from the land exchange agreement with Raymar related to the (20)
undesignated parking spaces in the lower level of the ramp and the "North
Parking Lot' have been provided. In summary, the agreement provides for
payment of maintenance costs subject to the provisions in the agreement by
the owner.
• Council Members are advised that Staff recently met with John's Variety Store
who expressed support for continuation of the program.
•
UASSmith \My Documents\ Memorandums \2010\memocbdparkingne)dsteps apol 27, 2010.doc
-1-
Page 1 of 1
6. Sarah Smith Community Development Director, with discussion /action of proposed 2010
Central Business District (CBD) Parkins •
Smith addressed the council and presented an overview of the CBD parking program. Discussion
followed on the formula used for CBD participants. Hanson stated business
owners were sent letters on the proposed changes, and only a few have contacted the City with
questions. Staff feels the business owners agree with the changes. Questions were brought forward
regarding the history of some of the parking issues and agreements with some owners.
MOTION by Osmek, seconded by Salazar to extend the existing CBD through June 2010 as it existed
as of June 30, 2009. All voted in favor. Motion carried.
Osmek asked staff to set a special workshop to discuss CBD parking, to take place sometime in
February. The date for this workshop can be set in January.
•
•
1.u.... / /..,...... ,,:+-4:. . -..7 0 /.'I a /71 /7n1 n
• 5341 Maywood Road
Moomd, MN 55364
(952) 472 -0604
MEMORANDUM
To: Honorable Mayor and City Council
From: Comm: Dev. Director Sarah Smith on behalf of City Manager Kandis Hanson and
Finance Director Catherine Pausche
Date: January 9, 2007
Subject: CBD Parking Program and Staffs Recommended Program Changes
Summary. Members may recall that earlier this year in June, Staff and the Council began
discussions about the future of the CBD parking program including possible changes. As part of
its December 8, 2009 meeting, Staff will be present to continue discussions about the program
including a number of proposed modifications regarding the parking space calculation method
and fees, the removal of a number of properties from the program, inclusion of a non-
participating property and the preparation of a maintenance agreement with each participant.
• City Manager Hanson mailed out an informational packet regarding he proposed CBD
g ProPo program
and upcoming December 8, 2009 meeting to involved property owners on or around November
20, 2009 with a request to contact Staff on before December 1, 2009 with questions and/or
comments so as to allow time to review /address in advance of the Council meeting if possible.
To date, City Manager Hanson has been contacted by 3 parties and will provide an update at the
meeting regarding same. A copy of the materials provided to the owners has been included as
attachments.
Recommendation. Staff recommends approval of the proposed 2010 CBD parking program as
presented subject to any recommended revisions or conditions from the City Council. A draft
resolution has been prepared for possible action, if appropriate.
•
-2784 -
-3-
CITY OF MOUND •
RESOLUTION NO: 09-
RESOLUTION APPROVING CENTRAL BUSINESS DISTRICT PARKING PROGRAM
FOR 2010
WHEREAS, the Central Business District Parking Program (hereinafter "CBD Parking
Program ") was established in and provides for a system of shared parking within
the an area in the Central Business District, with* certain maintenance activities provided
by the City in the areas covered by the CBD Parking Program, and provides for
payment of a CBD parking assessment by the participating property owners (hereinafter
"Owners ") to offset costs incurred by the City in carrying out its obligations hereunder;
and
WHEREAS, a list of the Owners and involved parcels of land located. within the area of
the City which are included in the CBD Parking Program are shown on the attached
Exhibit A and Exhibit B respectively;
WHEREAS, modifications have been recommended by Staff, including but not limited
to, parking space calculation method and fees, the removal of a number of properties
from the program, inclusico of a non - participating property and the preparation of a
maintenance agreement with each participant.
NOW, THEREFORE, BE IT RESOLVED by the City of Mound hereby approves the •
2010 CBD Parking Program as recommended by Staff subject to conditions from the
City Council.
Adopted by the City Council this 8"' day of December 2009
Mayor Hanus, Mayor
Attest: Vicki Weber, Acting City Clerk
•
-2785-
-4-
A]
OFMO
MEMO
DATE: November 20, 2009
5341 MAYWOOD ROAD
MOUND, MN 55364 -1687
PH: (952) 472 -0600
FAX: (952) 472-0620
WEB' www.cJtyof mnd.com
TO: Property. Owners
FROM: City Manager Kandis Hans -O
RE: Central Business District (CBD) Parking Program and
Staff's Recommended Program Changes
As you may recall, the CBD Parking Program for the Mound downtown was formally
discussed by the City Council at its June 9, 2009 meeting. At that meeting, Staff was
• directed to conduct additional research, including but not limited to, the review of the
existing formula used for the CBD program, the parking requirements under the City
Code, and parking needs and demands in the subject afea.
As property owners in the Central Business District Parking Program Area, i wish to
notify you of possible changes to the Central Business District (CBD) Parking
Program which will be recommended by Staff in an upcoming City Council Meeting
and possibly go in effect in 2010. Generally, recommendations will include a new
parking space calculation, removal of a number of properties from the program,
inclusion of a non - participating property, and the preparation and execution of a
maintenance agreement by each participant with the City of Mound.
You are invited to review the attached information as it pertains to your property,
including the proposed parking stall calculations and the agreement that, together,
constitute the Staff recommendation for updating the CBD Parking Program. You are
welcome and encouraged to contact me with questions at 952.472.0609 or by email
at kandishanson(dcftvofmound.com to schedule a time no later than December 4 for
a detailed discussion as it relates to your property. Staff will be seeking approval of
the program as proposed at the December 8 City Council meeting. No contact from
YOU will imply your support of this proposal.
Should you be a landlord in the defined CBD area, you are encouraged to forward a
copy of this letter to your tenants so they may also be informed regarding the
• possible changes.
e -27$6 P4"
-5-
STAFF RECOMMENDATIONS TO THE CENTRAL BUSINESS DISTRICT (CBS
PARKING PROGRAM FOR 2010 -- Lake Langdon District Only �R�w,ed Y2i3/o9�
1. Parking Stall Determination and Calculation. The following suggested
changes to the CBD parking stall assessment and calculation of parking
space(s) are recommended as part of Staffs recommendation for
continuation of the CBD parking program for 2010:
• Only main/ I" floor space will be counted for CBD Parking
Program proposed for 2010
• SF information used for all buildings was obtained from Hennepin
County Assessor's Office
• One (1) space per 400 SQ business and professional parking
requirement will be applied to all buildings (main floor / I' floor)
(the old method looked at use of the building and number of
customer and employee spaces required)
• Estimate of available parking stalls provided for subject properties
was determined based upon use of aerial information and field
evaluation
2251 Commerce JOHN AND PATRICIA TOM 3ERS
• Building is SF •
• Estimated off street stalls provided: 4
• Stalls (estimate) required by current code: 2
Present CBD Calculation: 5 stall assessment
Proposed 2010 Calculation: 2 stall credit
2261 Commerce DAVID DETERS TRUSTEE
Building is 4456.SF -1" floor 1920 SF — basement)
• Estimate off street stalls provided: 3
• Stalls (estimate) required bycurrent code: 6 (Note: Parking variance was approved in
1976)
Present CBD Calculation: 10.5 stall assessment
Proposed 2010 Calculation: 3 stall assessment
2271 Commerce FIVE SIGMA LLC
�t� �� ; � r v � ;c� R �(�S a ��
• Building is 8970 SF .�i 3 � 4360 SF — basement)
• Estimated off street stalls provided: 0
• Stalls (estimate) required by current code: I 1
Present CBD Calculation: 19.5 stall assessment
Proposed 2010 Calculation: 11 stall assessment
•
CBDmemorandumnovemberF BVALreviseddec32009C :\Documents and SettingMarab Smith\My
Documents\ Memomndums\ CBDmemorandumnovemberFlNALreviseddec32009 .doe
-2787 -
-6-
•
U
• Building is 3072 SF 01MOMM
IS 1200 SF — basement}
• Estimated off street stalls provided: 8
• Stalls (estimate) required by current code: 5
Present CBD Calculation: N/A — not currently participating in program
Proposed 2010 Calculation: 6 stall credit
2281 Commerce JOHN'S VARIETY
• Building is 13908 SF 6954 SF — basement)
• Estimated off street stalls provided: 6 (Note: All constructed spaces are being used for
sales /display)
• Stalls (estimate) required by current code: 17 parking spaces. (Note: Parking variance
for property was approved in 19 73)
Present CBD Calculation: 26 stall assessment
• Proposed 2010 Calculation: 17 stall assessment (Note: Proposed 2010 calculation not
reduced for existing on site spaces as all are being used sales /display purposes)
2313 Commerce NETKA
• Building is 7840 SF .,$ 867 SF — 2 floor apartment 2167 SF —
basement
• Estimated off street stalls provided: 3
• Stalls (estimate) required by current code: 12
Present CBD Calculation: 13 stall assessment
Proposed 2010 Calculation: 9 stall assessment
2321 Commerce PTS Holdin s
• Building is 6300 SF � _�t._" t r � p ' 1036 SF — basement)
• Estimated off street stalls provided: 8
• Stalls (estimate) required by current code: 13
Present CBD Calculation: 10.5 stall assessment
Proposed 2010 Calculation: 5 stall assessment
2339 Commerce (MEISEL FORMER BANK BUII.DING)
• Building is 4923 SF (2989 SF — 1' floor 1934 SF - basement/other)
• Estimated off street stalls provided: 26 spaces
• Stalls (estimate) required by current code: 7
Present CBD Calculation: 16 stall assessment (combined with 2365)
Proposed 2010 Calculation: 19 stall credit
2345 Commerce KOENIG
• Building is 10296 SF 4 , 5148 SF —basement)
• Estimated off street stalls provided: 9
• Stalls (estimate) required by current code: 13
Present CBD Calculation: 33 stall assessment
Proposed 2010 Calculation: 4 stall assessment
2
-2788 -
-7-
• Building is 11340 SF gs' — - -`'' 564=
..: hasem�endot}ter�
• Estimated off street stalls provided: 10
• Stalls (estimate) required by current code: 14
Present CBD Calculation: 16 stall assessment (combined with 2339)
Proposed 2010 Calculation: 4 stall assessment
XXXX Commerce (MEISEL PARKING LOT NEXT TO OLL)
• Vacant/no building
• Estimated off street stalls provided: 15
Present CBD Calculation: Lease Credit of $1,500
Proposed 2010 Calculation: 15 stall credit
2. CBD Program Participants Recommended to be Released
Staff recommends that the following properties be released from the CBD
Parldng Program for 2010, therefore making the revised district in the
Lake Langdon area only:
Crow River Bank — 2290 Commerce Boulevard
Roger Beckel — 5567 Shoreline Drive (2009 building demo)
True Value Hardware — 2250 Commerce Boulevard
Ken Perbix — 5575 Shoreline Drive
Lauer — 5581 Shoreline Drive •
Larson Printing — 2316 Commerce Boulevard
House of Moy (former) — 5555 Shoreline Drive (2009 building demo)
3. CBD Program Participant Recommended to be Added
Staff recommends that the property located at 2301 Commerce Boulevard owned by
Peter Johnson property be included in the CBD Parking Program for 2010 as this
property is generally maintained by City forces due to expediency and its proximity to
other properties' parking area(s).
4. Maintenance Agreement for Participants and City of Mound
As part of Staff's recommendation for continuation of the program for 2010, it is
strongly advised that maintenance agreements be preparation and executed with the
agreements with the involved owners with regard to maintenance, right of entry and
enforcement. At present are no such agreements between the participants and the City in
place.
5. Continuation of Cost Sharing for CBD Parking Program.
In 2008, $6300.00 was collected from participating businesses in the CBD program for
plowing and sanding. The program actually cost of total of $15,853 with the City
absorbing the remaining $9,553.00 (50 of the $12,600 cost plus lease payments of
3,253). This cost sharing arrangement for the CBD program existed because the City of •
-2789 -
-8-
Beginning in 2009 — 2010, Staff recommends subsidizing to the extent of overtime
•Services wffl
the base rate for a Public Works maintenance worker that includes salary, benefits and alt
overhead and equipment allocation. Participants will receive a $50 credit for each space
provided and be charged $50 for each space required. The City will no longer pay to
lease spaces from private property owners..
Public Works - CBD Parking
Langdon District
Rates including
Benefits & Overhead
Regular 61.65
Overtime Mon -Sat 1.5x 66.34
Sunday 2.5x 90.39
Holiday 3.5x 114.44
Langdon District. (Based on Regular Rates) - ESTIMATED 10 EVENTS PER YEA
• Estimated
m. Cost of No. of
Firs per Labor/ Total Cost events Estimated
event Overhead Materials per event per year Total Cost
Plowing
Sanding
Striping (Every 2 yrs)
Pothole Repair
Total Estimated Cost
2 $ 123.30 $
Signing - (sign, pole, cap) -
Charged individually to
property owners
C7
10 $ 1,233
10 $ 904
0.5 $ 322
1 $ 1,415
$ 3,873
- .$ 123.30
0.25 $ 15.41 $ 75.00 $ 90.41
8 $ 493.20 $ 150.00 $ 643.20
8 $ 493.20 $ 921.30 $1,414.50
1 $ 61.65 $ 100.00 $ 161.65
-2790-
-9-
2009 - 2010 CBD ASSESSMENT ROLL COMPARISON OF OLD VS. NEW METHOD
Langdon District Proposal
Weighted Average of Spaces Needed vs Provided —
OLD
NEW
Leased Spaces Cost/Credit �
14- 117 -24 44 0038
2251 Commerce
JOHN TOMBERS
14- 117 -24 44 0037
2261 Commerce
WESTONKA SPORTS (David Deters, Trustee)
14- 117 -24 44 0039
2271 Commerce
FIVE SIGMA LLC
1441724 44 0036
2281 Commerce
JOHN'S VARIETY (John Royer)
14417 -24 44 0041
2301 Commerce
PETER JOHNSON
14- 117 -24 44 0042
2313 Commerce
NETKA
14- 117 -24 44 0001
2321 Commerce
PTS HOLDINGS, INC.
14- 117 -24 44 0002
2339 Commerce
MEISEL BUILDING (BANK)
14-117 -24 44 0004
2345 Commerce
KOENIG
� 1
O 4- 117 -24 44 0006
XXXX Commerce
MEISEL PARKING
1 -117 -24 44 0003!85
236612363 Commerco MEISEL BUILDING (SOUTH)
OLD
NEW
OLD
NEW
2009-2010
PARK. SPACES
PARK. SPACES
2008 2009
Langdon
RE 'D. PROV.
REQ'D. PROV.
Actual &&Ual
Distrkt
50%150%
$50 per yace
5
10.5
19.5
30
16
26
36
33
0
1�
Net Meisel Properties
0
0
0
4
3
15.5
20
0
0
aA
2
6
11
17
5
12
13
7
13
0
14
ima
4
3
0
0
11
3
15
34
0
15
10
11
Hlchiicht of Chances to Now Proposal:
Apply unlformlobjective measurements to determine parking spaces required and spaces provided
Do not factor In feet of store front or markit value in equation
City no longer pays to lame spaces.....program participants do
City only subsidizes to the extent of overtime rates vs. regular rates
238.39
281.63
494.28
661.67
344.49
326.46
460.62
217.72
(1,428.67)
(968.25)
239.42
282.18
496.46
664,.26
347.18
327.81
461.72
219.03
(1,428.15)
1.808.91
(966.43)
339.
810.
1,253.
(7.
781.
445.
(646.
•
2009 - 2010 CBD ASSESSMENT ROLL
Langdon District Proposal
i s
COMPARISON OF OLD VS. NEW METHOD
Weighted Average of Spaces Needed vs Provided =>
Net Meisel Properties
J
'6
5
0
Leased Spaces Cost/Credit
14- 117 -24 44 0038
2251 Commerce
JOHN TOMBERS
14- 117 -24 44 0037
2261 Commerce
WESTONKA SPORTS (David Deters, Trustee)
14- 117 -24 44 0039
2271 Commerce
FIVE SIGMA LLC
14- 117 -24 44 0036
2281 Commerce
JOHN'S VARIETY (John Royer)
14- 117 -24 44 0041
2301 Commerce
PETER JOHNSON
14- 117 -24 44 0042
2313 Commerce
NETKA
14- 117 -24 44 0001
2321 Commerce
PTS HOLDINGS, INC.
14- 117 -24 44 0002
2339 Commerce
MEISEL BUILDING (BANK)
14- 117 -24 44 0004
2345 Commerce
KOENIG
117 -24 44 0006
XXXX Commerce
MEISEL PARKING
-
(0.21)
16
14- 117 -24 44 0003185
2365/2363 Commerce
MEISEL BUILDING (SOUTH)
344.49
347.18
790.31
Net Meisel Properties
J
'6
5
0
2
4
238.39
239.42
13.44
10.5
0
6
3
281.53
282.18
344.46
19.5
0
11
0
494.28
496.46
817.38
30
4
17
0
661.67
664.26
1,263.23
-
-
5
11
-
-
(0.21)
16
3
12
3
344.49
347.18
790.31
26
15.5
13
8
326.46
327.81
695.64
36
20
7
26
460.62
461.72
(358.52)
33
0
13
9
217.72
219.03
661.84
0
0
0
15
(1,428.87)
(1,428.15)
(506.92)
-
-
14
10
-
-
702.36
1B
4�
144
Al
1.596.29
1.609.91
4.423.00
(968.25)
(966.43)
(163.09)
Highlight of Changes to New Proposal:
Apply uniform/objective measurements to determine parking spaces required and spaces provided
Do not factor in feet of store front or market value in equation
City no longer pays to lease spaces.....program participants do
City only subsidizes to the extent of overtime rates vs. regular rates
R tz\j I S D •
OLD
NEW
OLD
NEW
2009 -2010
PARK. SPACES
PARK. SPACES
2008 2009
Langdon
RE 'D. PROV.
RE 'D. PROV.
Actual Actual
District
50%150%
$50 per space
— 0e4-4 D.— _1701_ er»imin
C�K-1 (- / r,,� 4L�,
City of Mound
Langdon Area CBD Parking Program
New Formula Proposal
Assuming 10 Plowing/Sanding Events
14- 117 -24 44 0038
2251 Commerce
JOHN TOMBERS
14117 -24 44 0037
2261 Commence
WESTONKA SPORTS (David Deters, Trustee)
14117 -24 44 0039
2271 Commerce
FIVE SIGMA LLC
14117 -24 44 0036
2281 Commerce
JOHN'S VARIETY (John Royer)
14117 -24 44 0041
2301 Commerce
PETER JOHNSON
14117 -24 44 0042
2313 Commerce
NETKA
14117 -24 44 0001
2321 Commerce
PTS HOLDINGS, INC.
14117 -24 440002
2339 Commerce
MEISEL BUILDING (BANK)
N- 117 -24 44 0004
2345 Commerce
KOENIG
�v
11
7.4
N (04 17 -24 44 0006
XXXX Commerce
MEISEL PARKING
1
15
13.8
14117 -24 44 0003185
2365!2363 Commerce
MEISEL BUILDING (SOUTH)
(1)
(2)
(
$50
% OF
Wgt Avg
PARK.
SPACES
of
REQ'D.
PROV.
(1) & (2)
50'1
• 50%
(1)-Q)
2
4
2.8
6
3
4.8
11
0
6.6
17
0
10.2
6
11
7.4
12
3
8.4
13
15
13.8
7
34
17.8
13
0
7.8
0
15
6.0
14
10
12.4
1W
9A
W
(4)
(5)
(6)
$50
% OF
COST
Leased
Per Space
TOTAL
x %
Spaces
(Neg = Credit
OF (3)
(41
(1)-Q)
Pos = Pay)
(Assuming
10 events)
2.86
110.66
-2.00
- 100.00
4.90
189.70
3.00
150.00
6.73
260.83
11.00
550.00
10.41
403.11
17.00
$50.00
7.55
292.48
-8.00
- 300.00
8.57
331.97
9.00
450.00
14.08
545:38
-2.00
- 100.00
18.16
703.46
-27.00
- 1350.00
7.96
308.26
13.00
650.00
8.12
237.12
-15.00
- 750.00
12.65
490.05
4.00
200.00
3.873.00
AM
Lim
Net Amt
Due
1
.7
71111
•
City of Mound
Langdon Area CBD Parking Program
New Formula Proposal
Assuming 10 Plowing /Sanding Events
14- 117 -24 44 0038
2251 Commerce
JOHN TOWERS
14 -117 -24 44 0037
2261 Commerce
WESTONKA SPORTS (David Deters, Trustee)
14- 117 -24 44 0039
2271 Commerce
FIVE SIGMA LLC
14- 117 -24 44 0036
2281 Commerce
JOHN'S VARIETY (John Royer)
14- 117 -24 44 0041
2301 Commerce
PETER JOHNSON
14- 117 -24 44 0042
2313 Commerce
NETKA
14- 117 -24 44 0001
2321 Commerce
PTS HOLDINGS, INC.
14- 117 -24 44 0002
2339 Commerce
MEISEL BUILDING (BANK)
14- 117 -24 44 0004
2345 Commerce
KOENIG
10.2
5
11
W 117 -24 44 0006
XXXX Commerce
MEISEL PARKING
14- 117 -24 44 0003/85
236512363 Commerce
MEISEL BUILDING (SOUTH)
5
■ r
i s
(5)
(6)
(1)
(2)
(3)
COST
Leased
Wgt Avg
PARK. SPACES
of
RE 'D. PROV.
(1)&(2)
50%
50%
OF (3)
2
4
2.8
6
3
4.8
11
0
6.6
17
0
10.2
5
11
7.4
12
3
8.4
13
8
11.0
7
26
14.6
13
9
11.4
0
15
6.0
14
10
12.4
jag
82
am
(4)
(5)
(6)
$50
% OF
COST
Leased
Per Space
Net Amount
TOTAL
x %
Spaces
(Neg = Credit
Due
OF (3)
u
(1)-(2)
Pos = Pay)
Due (Owed)
(Assuming
10 events)
2.93
113.44
-2.00
- 100.00
13.44
5.02
194.46
3.00
150.00
344.46
6.90
267.38
11.00
550.00
817.38
10.67
413.23
17.00
850.00
1263.23
7.74
299.79
-6.00
- 300.00
-0.21
8.79
340.31
9.00
450.00
790.31
11.51
445.64
5.00
250.00
695.64
15.27
591.48
-19.00
- 950.00
- 358.52
11.92
461.84
4.00
200.00
661.84
6.28
243.08
-15.00
- 750.00
- 506.92
12.97
502.36
4.00
200.00
702.36
140.Q
3.873.00
11M
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• - �� -art
• 3. L Parkin Use Fee. As consideration for overseeing the C$D Parkin g pro
maintaining pazking and access areas, the Owners agree to pay the City an annual parking
fee.
II. Determination of Fee. The fee for the year 2010 will be based on the cost to
the city of operating the CBD Parking Program for the period from Julyl, 2009 to June 30,
2010. The fe e, will be all o c ated on the basis of th allo cation formula contained in Exhibit
M. Payment of Fee. As soon as possible following July 1, the City will notify
each Owner of the fee for the 2010 contract year. The Owners may pay the fee at anytim
before _ , at which time the City may, and is hereby authorized b' y the
Owners to spread the fee against their property in the CBD to be collected in one installment
along with other taxes.
kiV. &W--m-Years. Unless an Owner elects to terminate this Agreement, the fee
Owners for firture years will be determined in the same manner as for the 2010 fee.
4. Use of Parldne Areas. Owners agrees that they will use parking spaces shown on
Exhibit C only for temporary parking of motor vehicles of the Owner, employees,
customers, and invitees. Owners may also use the parking areas on their property for the
temporary parking of delivery vehicles and vehicles used -m connection with maintaining,
servicing or repairing their property.
• The City may erect signs announcing these regulations and that vehicles in violation of such
regulations may be impounded and towed at the expense of the owner of the vehicle. The
signage may also establish limits on the duration and the times of day that vehicles may
park.
Each Owner, as to parking spaces located on property owned by said Owner hereby
authorizes and consents to removal by the City, its officers, agents or employees of
any vehicles located on Owner's property not for the purposes described above.
Each Owner, as to parking spaces located on property owned by said.Owner finther
authorizes and consents to allow the City to remove from such area any other
vehicle, item or material located in such a manner as to interfere. with the use of the
spaces for parking, or the ability of the City to conduct its maintenance and repair
activities; or otherwise constitutes a nuisance under the City Code.
The City may from time to time with the consent of the Owners establish further rules and
regulations applicable to parking areas covered by this Agreement.
S. Right of Entry City and its agents shall have the right to enter upon the Property
after the date of this Agreement for the purpose of maintenance and related activities
including but not limited to, snow removal, striping, erecting signage, pothole filling and
other minor surface repairs; and for any enforcement activities pursuant to paragraph 4. The
• Owner will be responsible for making the Property available for such activities. The. City
will not be obligated to do any work on areas on the Property which are made inaccessible
by the parking of vehicles or storage of materials.
-2796 -
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6. Indemmimcatlon and Except for the negligent or willful misconduct of
the City in carrying out its obligations hereunder, each Owner, as to claims originating on the
property owned by such Owner agrees to indemnify and hold harmless the City and all other Owner
from any claims for property damage, personal injury or death arising out of use of such Owners
property as parking in acoordance with the provisions of this Agreement.
Each Owner will furnish the City with evidence that such owner hagliabilityinsgance in my
amount acceptable to the City insuring the claims for which the indemnity is given. The insuran
will also name the City as an additional insured and will contain a waiver of subrogation in favor of
the City. Such insurance will be kept in place at all times during the term of this Agreement or any
extension.
The City agrees to indemnify and hold harmless the Owners from any claims or causes of action for
property damage, personal injury or death occasioned by or arising out of its actions under this
Agreement caused by the negligence or willful misconduct of the City. The City will also provide
the Owners with evidence that it has liability insurance in an amount acceptable to the Owners
insurin against the claims or causes of action described above and which contains a waiver of
subrogation as to the Owners.
7 RecoE ft of Agreement The City may, at its discretion, record this Agreement
and Owner shall pay all costs associated with doing so.
8. Effect uuon Subseguent Owners The Agreement is intend •
green intended to run with the
land and is binding upon the parties herein and their respective successors and assigns
9. Miscellaneous.
A. Either party may terminate this Agreement if the other party fails to comply with all
of the requirements imposed upon them hereunder, or in the Resolution, and fails to cure
such non compliance within days following written notice of such failure.
B. The City may -also terminate this Agreement upon 60-day written notice to the
Owners if the termination by any Owners results in a reduction in available parking spaces
below the amount needed to make the continuation of the program feasible..
C. This Agreement will be automatically extended for successive additional one year
terms unless any party notifies the others in writing at least 30 days before the expiration of
the current term that it elects not to renew. In such case, the Agreement will continue as to
the non - electing Owners unless the City determines the continuation of the program is not
feasible.
D. Owners whose participation in the program is discontinued for any reason: (i) shall
have all responsibility for maintaining their parking area in conformity with all applicable
regulations and requirements; and (ii) may not, after the efibctive date of such
discontinuation use any of the parking areas in the CDB parking Program for parking
purposes for themselves, their employees, or their customers or invitees.
E. Owners waive and release the City from any claim or cause of action, of any nature •
arising out of ofocxasioned by termination or non - renewal of this Agreement.
-2797 -
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•
•
F. This Agreement constitutes only a license to Owners to use parking areas not locate
On Such Ownear's property .the for the purposes and subject to the limitations herein; and
shall not be construed as creating any right, title or interest in such areas.
14. Go__n — rBer M Law This Agreement shall be interpreted in accordance with and be
governed by the laws of the State of Mizmesota.
11. Notices and Demands All notices, demands or other communications under this
Agreement shall be effective only if made in writing and shall be sufficiently given and
deemed given when delivered personally or mailed by certified mail (return receipt
requested) or registered mail, postage prepaid, properly addressed as follows:
A. To Owners: See Exhibit A.
B. To City: Kandis Hanson, City Manager
City of Mound
5341 Maywood Road.
Mound, Minnesota, 55364
or to such other person at such other address as that party may, from time to tune, designate
in writing and forward to the other as provided in this Section.
12. Amendment nit, This Agreement may be amended by the parties hereto only by
written instrument executed in accordance with the same procedures and formality followed
for the execution of this Agreement.
13. Cou This Agreement is executed in any number of counterparts, each of
which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in
their names and behalf and, on or as of the date first above written.
[Signature lines for all Owners shown on Exhibit A,1
Owner
STATE OF MINNESOTA )
) SS.
COUNTY OF )
• The foregoing instrument was acknowledged before me this day of
by ,
Owner of the property located at of , Mound, MN 55364.
-2798 -
-17-
Notary Public
NOTARY STAMP OR SEAL
CITY OF MOUND
By
Kandis M. Hanson
City Manager
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of •
20 _ -- , by Kandis M. Hanson, the City Manager of the City of Mound, a
Minnesota municipal corporation, on behalf of the corporation.
NOTARY STAMP OR SEAL
Notary Public
THIS INSTRUMENT DRAFTED BY:
City of Mound
5341 Maywood Road
Mound, MN 55364
•
-2799 -
-18-
C
Exhibit A
•
•
List of Owners and Property Addresses
[Exhi' bit to be Supplied Prior to Execution]
-2800 -
-19-
Exhibit B.
MW ShOW]I1 81�CI11 t"AS within District.
[To be Supplied Prior to Execution]
.•
•
-2801 -
-20-
.7
Exhibit C.
Fee Allocation Formula
[To be Supplied prior to Execution, but is expected to be based on Staff Recommendations to be
supplied to Owners as part of their agreement review process.]
•
�l
-2802 -
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3.07 Modified Construction Staging Plan Co nstruction . •
mn� of the Transit Distract parking
facilities will be done in accordance with the modified construction staging plan, which shall be
prepared by the Authority and subject to review and acceptance by Ray Mar.
3.08 Shared Parking Agreement The parties did on July 11, 2000 enter into a
instrument entitled Shared Parking Agreement (the "Parking Agreement ").
1. Amendment. The Parking Agreement assigned to RayMar "the non-
exclusive right . to use the Parking Parcel [as defined in the Parking
Agreement] for ingress and egress and vehicle parking for 20 vehicles ".
The parties agree that the Parking Agreement will be amended to read: "...
the non- exclusive right to use the first level of the ramp to be constructed:
on the Parking. Parcel, for ingress and egress and vehicle parking for 20
vehicles ".
2. Determination. The Parking Agreement contains the following
language:
Notwithstanding any provision in this agreement to the contrary, the HRA
reserves the right to modify the Parking Lot in response to future development of
adjacent parcels; provided, however, during the term of the Loan made by the
HRA to the Redeveloper for the purpose of constructing the Minimu
Improvements on the Redevelopment Property, the HRA shall not, without t
prior written consent of the Redeveloper, change the access to or reconfigure the
Parking Lot in such a way as to have a materially adverse effect on the use of the
Redevelopment Property, nor change the Parking Lot in such a way as to
materially and adversely affect the visibility to the public of the Redevelopment
Property and the Minimum Improvements.
RayMar has reviewed the plans and specifications for the parking facility to be
constructed to the East of the RayMar Property, and consents to the construction of such
facility substantially as shown in the plans. Such consent does not constitute a
determination by either party that the change or reconfiguration of access will have a
material adverse effect on the use of the RayMar Property, or that the parking facility will
adversely affect the visibility to the public of the RayMar Property.
3.09 Temporary Right of Access Upon execution of this Agreement, RayMar grants to the
HRA, its agents and assigns the temporary right to enter across and over the area described in
Exhibit A as the Temporary Construction Easement. Acceptance of the right will be deemed an
acknowledgement by the Authority that it indemnifies, defends and holds harmless, RayMar, its
officers and agents from any claim or cause of action arising out of or occasioned by actions of
the Authority based on its use of the Temporary Construction Easement.
•
295977v6 JBD NW200 -130
h
-22-
EXHIBIT C
Shared Parkins Agreement
THIS AGREEMENT is made and entered into as of the __ day of , 2000
by and between the Housing and Redevelopment Authority in and for the City of Mound, a
public body corporate and politic under the laws of Minnesota ( HRA "), and Ray Mar
Properties, Inc., a Minnesota corporation (the "Redeveloper ").
RECITALS
1. The I and Redeveloper have previously entered into a Contract for Private
Redevelopment (the "Redevelopment Agreement ") calling for the redevelopment of certain
properties all as fully described in the Redevelopment Agreement (collectively the
"Redevelopment Property ").
- 2. The Redevelopment Agreement further requires that the Redeveloper convey a
•
t ract of land (the "Parking Parcel ") that is legally described as of ows_
Outlot A, Mound Visions Addition, Hennepin County, Minnesota
3. The Redevelopment Agreement further requires that ark the parties enter into
in agreement which allocates to the Redeveloper the nonexclusive us the- parties a � a parlc, 09APaces
on the Park ing Parcel. -"This agreement is intended to satisfy that requirement.
4. The HRA contemplates that portions of its lands near the Redevelopment
Property and the Parking Parcel may be made available for future development and that access to
shared parking on the Parking Parcel should be available for such parcels as well as to the
general public.
NOW THEREFORE, in consideration of the mutual agreements and covenants
hereinafter contained, the parties hereto agree and stipulate as follows: � JJUI 0 -1
1.
Parking Parcel The HRA will provide, at its cost, a p king facility and related
ingress and egress facilities ( "Parking Lot ") on the Parking P el. The Parking Lot is
substantially as shown on the attached Exhibit A (the "Site Plan' ?). The Parking Parcel is
available for use by the general public. The Parking Lot may be used by owners, tenants, guests,
patrons, invitees to the Redevelopment Property and other designated facilities.
2. Demolition The HRA will commence demolition of the structure currently
located on the Parking Parcel not later than the first business day that is at least 15 days after the
HRA:
J B D- 177785 V 9
MU 195-7 RAY MAR:
C -1
10*19
date on which the Redeveloper notifies the HRA that the building is vacant or will be vacant by •
such date. (Assuming that such notice is given between October 20 and December 1, 2000.
Otherwise, the time to commence shall be not later than 60 days following the date of the giving
of such notice.)
3. Use of Parking Lot Upon the conveyance of the Parking Parcel to the HRA, and
subject to the provisions hereinafter contained, the Redeveloper shall have the non - exclusive
right to use the Parking Parcel for vehicle ingress and egress and vehicle parking for 20 vehicles.
Said right shall be for the benefit of and appurtenant to the Redevelopment Property, and may be
used and enjoyed by the owner of the Redevelopment Property, its tenants, and the agents,
employees, visitors, guests and invitees of each such owner and tenant. The Redeveloper
acknowledges that nothing herein shall be construed as giving it an exclusive right to use the
Parking Lot nor a guarantee that the Parking Lot will be adequate for the actual needs of
Redeveloper and the other users. Notwithstanding any provision in this agreement to the
contrary, the HRA reserves the right to modify the Parking Lot in response to future
development of adjacent parcels; provided, however, during the term of the Loan made by the
HRA to the Redeveloper for the purpose of constructing the Minimum Improvements on the
Redevelopment Property, the HRA shall not, without the prior written consent of the
Redeveloper, change the access to or reconfigure the Parking Lot in such a way as to have a
materially adverse effect on the use of the Redevelopment Property, nor change the Parking Lot
in such a way as to materially and adversely affect the visibility to the public of the
Redevelopment Property and the Minimum Improvements.
4. A ddi ti o n al Share dirking_Agr eemen ts. The HRA agrees that during the term of
•
this Agreement it will not into shared parking agreements with otl Tffinvolving an amount
of spaces that, when added to the spaces covered by this Agreement and other agreements, would
exceed the capacity of the Parking Lot.
5. aintenance The HRA shall maintain or cause to be maintained in good repair
the structural elements of the drivew�iys and parking areas of the Parking Lot and shall perform
snow removal activities on the driveway and parking areas; provided,
striping, sweeping and
however, that the Redeveloper shall be responsible for the repair of any damage (other than
ordinary wear and tear) caused by the Redeveloper, its tenants, or the agents, employees, visitors
guests and invitees of the Redeveloper or tenants. The Redeveloper agrees to reimburse the
HRA for a portion of the expenses actually and reasonably expended by the HRA on the
maintenance of the Parking Lot. The Redeveloper's share of the cost of maintenance of the
Parking Lot shall be the percentage which is the same percentage as the 20 parking spaces
allocated to the Redeveloper hereunder bears to the total parking spaces on the Parking Lot, If
the Redeveloper fails to reimburse the HRA for its share of such costs, the HRA may request that
the City levy special assessments against the Redevelopment Property in the amount of the
Redeveloper's share. The Redeveloper acknowledges for itself, its successors and assigns that
the Redevelopment Property is benefited by the maintenance of the Parking Lot by an amount at
least equal to such assessments; and waives, for itself, its successors and assigns, notice of
hearing and hearing on such assessments and all right to appeal such assessments pursuant to
Minnesota Statutes, Chapter 429 or similar law.
JBD- 5V9 HRA:
M U 195 -7
MAR:
RAY
C -2
-24-
• 2.06 Closing The closing C' Closing) of the conveyance of the Authority Transfer Parcel, and
the RayMar Easement shall take place on March 1, 2007 or such earlier or later date mutually
agreed to by the parties. The Closing shall take place at a location as mutually agreed upon by the
parties.
2.07 Closing Costs and Related Items Each party will be responsible for payment of all costs
related to the performance of its obligations hereunder, including but not limited to title
commitment fees, state deed taxes and recording fees. Each party will also be responsible for any
attorney fees incurred by it in connection with the transaction. Other closing costs will be divided
equally between the parties.
2.08 Possession/Condition of Property Each party agrees to deliver possession of its
respective property to the other party on the date of Closing, in the same condition as they existed
on the date of this Agreement.
2.09 Condition of Property Each parry, at its sole discretion, shall have determined on or
before the Closing that it is satisfied with the condition of the property to be transferred to it as
disclosed by its inspection of said property, including environmental, soils and any other
condition that adversely affects the development of the property. Each party will provide the
other party access for the purpose , of conduction any reasonably necessary inspections.
Otherwise, neither party makes any representation concerning the condition of the property being
transferred by it. ,
• ARTICLE 3
MISCELLANEOUS PROVISIONS
3.01 Northrking Lot The Authority has constructed a temporary hard surface driveway
on the east side of the RayMar Property. It is the Authority's expectation that construction of the
permanent North Parking Lot will be completed by the end of 2007. The Authority will provide
Ray May with period updates regarding the status of construction and the estimated completion
date.
The Authority further represents to RayMar that the North Parking Lot will be operated as a
public parking lot and available for parking to all members of the public wishing to use it. The
Authority further represents that it will not take any actions that would prohibit or restrict the use
of the North Parking Lot by RayMar Customers, provided that the Authority may impose
reasonable time restrictions on the use of the lot applicable to all users, and may close all or part
of the lot for repairs and maintenance activities.
RayMar acknowledges and agrees that it will pay an annual assessment to cover a portion of the
cost of maintenance and repair of the forth Parkin Lot. RayMar's, share of such costs will be
equal to the percentage of the total spaces in the North Parking Lot that are occupied by RayMar
customers measured in accordance with customary protocol. While the amount of that annual
assessment cannot be determined at this time, RayMar is informed that the approximate annual
maintenance costs for a parking area of the dimensions of the North Parking Lot is currently
• estimated to be $2000.00-a year.
JBD MU200 -130
4
-25-
5341 Maywood Road W1 ITITPRI •
Mound, MN 55364 • Depa rtment •
(952) 472 -0604 • . • • •
Tl���iC•7:7_1►I
To: Honorable Mayor and City Council
From: Kandis Hanson / Catherine Pausche / Sarah Smith / Carlton Moore
Date: 6/4/2009
Re: Mound Central Business District Parking Program — Research Report
Summary
As the City Council is aware, the Mound Central Business District parking program
is a shared, public/private parking and maintenance system for participating
properties in the downtown area with the maintenance activities being done by the
City of Mound and assessed to the property owners. As requested by the City
Council, an interdepartmental review of the CBD parking program was recently
undertaken including, but not limited to, an overview of the history and background
of the current CBD program, an analysis of the current parking assessments
related to the parking stall requirements required by the Zoning Ordinance and an •
in -field examination of the parking inventory in the CBD especially with regard to
the status and timing of future redevelopment in the subject area(s).
Background.
• Several years ago, the City implemented a downtown parking policy so as
to deal with the existing parking conditions in the downtown area until
redevelopment occurred. It created a shared parking system whereby
participating properties could park within the CBD program area and it
facilitated the purchase of additional property for parking. The program had
those properties with parking spaces available being compensated by
proceeds that were collected from those who did not have parking. The City
facilitated the program by means of administrative support and physical
maintenance of the areas (i.e., snow plowing, pot hole filling, striping, etc.)
The program generally assumed that existing parking for the downtown met
the demand but also recognized that at times parking would be tight. In
addition to the maintenance activities previously mentioned, the City, on
occasion, must also facilitate the removal of vehicles and /or recreational
vehicles and undertake nuisance and other enforcement in the shared lots.
While the CBD parking program been in existence for many years, over
time, a number of participants have dropped out of the program
•
-26-
Discussion.
• The CBD program provides parking to those downtown properties that do
not have sufficient parking according to the requirements of the zoning
ordinance. Based on informal in -field examination of the subject parking
areas, there is adequate parking to accommodate the mix of uses in the
subject buildings.
• Auditor's Road, which was constructed in 1998, includes 58 ( + / -) on -street
public spaces. Auditor's Road was connected to CSAH 15 / Shoreline Drive
in 2008.
• The Transit District parking deck project completed in 2007, added 178
structured and 41 surface stalls (16 spaces located south of parking deck
and 25 spaces in the public lot located immediately north of the Mound True
Value building) to the downtown parking inventory:
- The distance between the new parking deck and the
John's Variety block, is approximately 330 feet.
- Public easements for pedestrian/parking use, which extend from the
sidewalk on Commerce Boulevard between the Mound True Value
building and garden center, are maintained for public purposes.
i - Pedestrian controlled crossings were installed when CSAH 15 /
Shoreline Drive was completed.
• From field observation, it appears the "most" commonly used spaces are
the head -in stalls located on the south side of the Dakota Trail opposite
John's Variety Store.
• There is on street parallel parking on the east side of County Road
110 /Commerce Boulevard. It is Staffs understanding that additional on
street parking along Commerce Boulevard in the subject area is not an
option, as specified by Hennepin County.
• In 2008, $6300.00 was collected from participating businesses in the CBD
program for plowing and sanding. The program actually cost a total of
$15,853 with the City absorbing the remaining $9553.00.
• In general, the businesses in the John's Variety block and Langdon District
benefit most from the CBD program.
•
• Page 2
-27-
• The property owned by Peter Johnson is currently not in the CBD program.
However, it is Staff's understanding that his property is generally maintained •
by City forces due to its proximity and the expediency of maintaining those
contiguous properties currently participate in the program.
Next Steps / Recommendation. Based on the research conducted, Staff
respectfully offers the following recommendations:
1. Discussion with the following owners be pursued about "opting out" of the
program:
Crow River Bank — 2290 Commerce Boulevard
Beckel — 5567 Shoreline Drive (Note: building demolished May
2009)
True Value Hardware — 2250 Commerce Boulevard
Perbix — 5575 Shoreline Drive
Lauer — 5581 Shoreline Drive
Larson Printing — 2316 Commerce Boulevard
Mound Masonic Lodge — 2372 Commerce Boulevard
The former House of Moy property, which is currently enrolled in the CBD
program, was purchased by the HRA in 2008 and the building
was demolished in May 2009 and therefore should be eliminated from the
program. 1 •
2. Due to count discrepancies found as part of an informal inspection of the
subject area, especially in the Langdon District, which involved the use of
aerial information and a field visit(s), additional analysis of the existing parking
counts / code requirements is advised.
3. The preparation and execution of formal lease(s) and /or agreements with the
involved owners with regard to maintenance, right of entry and enforcement
should be pursued. At present, it is Staffs understanding that there are no
formal agreements between the property owners and the City.
4. Designated private /parking areas need to reserved for customer and employee
parking and should not be used for exterior sales or display or
vehicle /recreational vehicle storage.
5. Discussion on assessing the full cost or portion thereof is suggested. We
currently assess ' / 2 the cost of plowing and sanding and give credit for
additional spaces provided.
•
• Page 3
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•
MEMORANDUM
_ _— _ - -- ._._A-ugust- 29;-2008 -- -_— __
TO: CENTRAL BUSINESS DISTRICT (CBD) PROPERTY OWNERS
FROM: KANDIS M. HANSON, CITY MANAGIA
SUBJECT: 2008. CBD ASSESSMENT ROLL
Enclosed is the proposed assessment roll for the period July 1, 2007- June 30, 2008.
As you might know, the City Council took action to extend the existing CBD program until June 30,
2009. After this date, unless extended by the Council, the program will no longer exist.
The enclosed assessment requires a public hearing before the City Council in September 2008. The
date of the public hearing is Tuesday, September 30, 2008, 7:30 p.m., Mound City Hall.
Please note that for this assessment period, the lease payments or credits will be paid by the City of
Mound through its general fund i.e., all taxpayers in the City of Mound, etc. Please remember that
you are still responsible for the snow plowing charges until 6/30/2009. The enclosed assessment
roll represents the snow plowing charges for the fiscal year 2007/2008.
If you have any questions, please contact me at 952- 472 -0609 or Catherine at 952- 472 -0633.
cc: Catherine Pausche, Finance Director
Bonnie Ritter, City Clerk
U
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