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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) $50 % OF COST Leased Per Space Net Amount TOTAL x % Spaces (Neg = Credit Due OF (3) u (1)-(2) Pos = Pay) Due (Owed) (Assuming 10 events) 2.93 113.44 -2.00 - 100.00 13.44 5.02 194.46 3.00 150.00 344.46 6.90 267.38 11.00 550.00 817.38 10.67 413.23 17.00 850.00 1263.23 7.74 299.79 -6.00 - 300.00 -0.21 8.79 340.31 9.00 450.00 790.31 11.51 445.64 5.00 250.00 695.64 15.27 591.48 -19.00 - 950.00 - 358.52 11.92 461.84 4.00 200.00 661.84 6.28 243.08 -15.00 - 750.00 - 506.92 12.97 502.36 4.00 200.00 702.36 140.Q 3.873.00 11M .4 *** P- A-4 D.- _770 An,)nnin '(*, 13-W44 UOM' 13. ? "4003- O-q ii4f 29f.02 Qq 444j*#OX 'W CROW RNER PARK N OW -.- ..- �A"w . "am MEN P&W EIU&Nqe mo*:Weotk Thaw) Lid • - �� -art 0 O-q ii4f 29f.02 SPACM. Zlolm' 'W • - �� -art IKOI ii4f 29f.02 'W AA ".OAK Jw" MAI :fq A is tom to *.bo S2 A AV MA 03M VU #.IM 2i A" Al -sm 40A 17-0 *Xft 44TAS Iwo an 2m AU Z XLOD. LAW. • - �� -art • 3. L Parkin Use Fee. As consideration for overseeing the C$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 - -15- 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 - -16- • • 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 - -21- 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 -28- V3 N35 ,- ! 5468 .. P40 - � Y'?�r VAI 2290 I 2 7 JLI 1 .. : - � . as 2Z81 09Ii 85116 r e11:; » ` 7300 306 in 4n of 7 } i Y339 3J 2:, i t'y ,. 4 U l 7386 . 2.300 • 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 11k][l2