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HomeMy WebLinkAbout09.19.83 Council Packet AGENDA COUNCIL MEETING REGULAR SEPTEMBER 19, 1983 1. CALL TO ORDER. 2. APPROVE AGENDA. 3. APPROVAL OF MINUTES a. August 29, 1983 b. September 6, 1983 4. CITIZENS COMMENTS 5. PUBLIC HEARINGS 7:15 - Proposed Use of 1984 Revenue Sharing Fund. 7:15 - Proposed Improvement under M.S. Chapter 429, Fair Hills 2(a) 6. PETITIONS, REQUESTS, AND COMMUNICATIONS a. Off Sale Beer License, Eagles Club. b. Robert Stegmaier, Proposed Horse Racing Facility. 7. ORDINANCES AND RESOLUTIONS a. Endorsing Memorandum of Intent - Robert Adelman Property. 8. UNFINISHED BUSINESS a. Downtown Parking. b. 1984 Operating Budget. 9. NEW BUSINESS 10. MISCELLANEOUS a. Attorney Matters - Pending Litigation. 11. CONSENT AGENDA a. Approve Resolution Appointing Election Judges. b. Approve Budget Adjustment - Election Costs. c. Approve Resolution Notifying Dakota County Auditor of the City to Enforce the Provisions of M.S. 546 Regarding Transfer of Property. d. Approve Request to Attend M.F.O.A. Conference. 12. ADJOURN THE AGENDA IS CLOSED OUT AT NOON ON THE TUESDAY PRECEDING THE MEETING. MEMO TO: MAYOR AND COUNCILMEMBERS SUBJECT: AGENDA ITEMS - 9/19/83 DATE: SEPTEMBER 15, 1983 NOTE: The agenda format has been changed somewhat to conform to the Council By-Laws. If anyone has any comment or recommendations as to new format, please contact me or bring it up during the meeting. 5. 1) Notice enclosed. This hearing is mandated by law for local units of government receiving revenue sharing funds. It has been suggested that the revenue sharing funds be dedicated towards capital improvements. The funds have previously been included within the general budget with no specific designation except that it be used for eligible activities. 2) Notice enclosed. The feasibility report as presented by Glenn Cook indicates that the Assessments are proposed to be spread equally between the lots abutting Euclid Avenue in Fair Hills Phase I. It should be noted at the hearing that the cost will be spread equally between lots abutting Euclid Path in Fair Hills Phase II. Also, I discussed the assessment policy with Glenn Cook, and he agreed that if the assessments are to be spread equally, the City should receive a waiver of assessment appeal from James Seed, because it can be argued that a certain portion of the streets and sanitary sewer system benefits lots not abutting Euclid Path. If the City does not receive the waiver, I would recommend the City propose to assess all lots in Phase II. 6. a) Application enclosed. b) Robert Stegmaier will be present to discuss the proposed horse racing facility in Farmington. Metropolitan Council staff has indicated that no official action is necessary by the City Council at this time regarding rezoning, comprehensive plan amendments, etc. , but it would be helpful if the City Council would indicate a willingness to consider taking the necessary action to accomodate such a facility. Also, the Metropolitan Council is requesting a questionaire be com- pleted by October 1, 1983. Some of the questions are routine, but a few will require a great deal of staff time. I am hesitant to direct the City Planner and Engineer to complete the questionaire without Council backing on the project. I would therefore request that the Council decide if and how much staff time should be directed towards the project. 7.a) Memo enclosed. 8.a) Report enclosed. b) Proposed Budget sent earlier. 10.a) Jerry Gorgos has discussed the City's position with the other party's Attorney and will update the Council . 11.a) Copy enclosed. b) Request enclosed. c) Copy and memo enclosed. d) Request enclosed. MEMO T MAYOR AND COUNCILMEMBERS SA. r"'"- SUBJECT: "- SUBJECT: DOWNTOWN PARKING DATE: SEPTEMBER 16, 1983 The following is a report on the downtown parking situation and options available to the City Council . Observations by City staff and conversations with downtown retailers indicate that the parking problem downtown is caused primarily by employee parking. The two major concentrations of employee parking appears to be along Third Stre't between Elm Street south to the alley, and Third Street between Spruce Street north to the alley. I've spoken with representatives of Centel and the Dakota County Tribune and both indicate that they would go along with restricting employee parking on the street, but felt the City should provide adequate off street parking. Centel indicated that it would require 30 - 40 parking spaces for their employees and the Dakota County Tribune indicated that it would require 15 - 20 spaces. I did not make an official survey of downtown parking, but observations of the City parking lot indicates that it is being almost fully utilized during peak hours of the day. Therefore, if the City were to restrict employee on street parking, addi- tional parking lots would be required. City staff has identified five potential sites: The railroad property west of the Co-op; the Feely property at Second and Oak; the Fischer property at Second and Spruce; the old Steele property on Third next to the Dakota County Tribune; and the United Financial Savings lot on Oak Street. Each parcel is described on the attached sheets. So far, I have only been able to obtain a firm quote for a lease from the railroad, which would be $500 through 1984. The other parties indicate that they would like to at least recoup their property taxes. Taxes payable for 1984 on the properties are as follows: Steele Property $ 480.00 Feely Property 900.00 (est. ) United Financial 1,052.00 Fischer Property 1,000.00 (est. ) Also, each site would require an additional amount of upgrading. In order to restrict employee on street parking, the Council could either limit parking time or could request store owners to self police the area. It was indicated that previous attempts to self police have failed. If the City were to limit parking time, the degree to which it will be enforced must be determined. This could vary from just placing the signs along the street and hoping that people cooperate, to full time surveillance of the downtown area. It would be my recommendation at this time that the City Council review the report, and make a preliminary determination as to what action is contemplated. I will then discuss the matter with the downtown businessmen, the Downtown Redevelopment Task Force, and the potential lessees. L /47arrhomison Citmnistrator LT/mh ` 'r''r , E1 J L I r - L,INDE 4 ST, "" jidIETM ST _ J ', M. ›-ju ST.I 1111111 11191 PARK j i - ti 1 Illiiii=__ m d r - HMAIL H IST. I I , L All H Hr - k 1111 , CD. i III _ ttt) ST. 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IFt CA-vQ.Y -0I I I J44I L IX sp0.G*s Ctast.V" a.,..11.. -.1- .,-ck1 Sti 4ui/Pt. _ LI I I I I _ / i q.sces Ex c s},•.c5 p - Spruce St- ____.....j_ Ti)) MUNICIPAL ACTIVrflES 459.14 459.08 [Repealed, 1976 c 44 s 70] 459.09 [Repealed, 1976 c 44 s 70] 459.10 [Repealed, 1976 c 44 s 70] 459.11 [Repealed, 1976 c 44 s 70] 459.12 [Repealed, 1976 c 44 s 70] 459.13 [Repealed, 1976 c 44 s 70] 459.14 AUTOMOBILE PARKING FACILITIES. Subdivision 1. Acquisition of property. Any city of the second, third, or fourth class, however organized, and any statutory city may acquire by gift, lease, purchase or condemnation proceedings any real property within or without the corporate limits, or any interest therein, deemed by its governing body to be needed for improving the municipality's regulation and control of traffic on its streets, alleys and public grounds by providing, regulating and operating on-street or off-street parking lanes or areas, and may acquire by purchase or lease parking meters or other parking or traffic control devices and may devote any property already owned by the municipality and devoted to other purposes to be used as a parking lane or area and may construct, or otherwise provide, equip, maintain and operate automobile parking facilities and may expend municipal funds for these purposes. Where all the bonds issued for a given project are wholly payable from the net revenue of all such operations, the proceeds of such bonds may be used for the acquisition, construction or improvement of automobile parking facilities by a resolution adopted by the governing body without an election notwithstanding any charter or statutory provision to the contrary. The term "automobile parking facilities" as used in this section includes lots, lanes, garages, ramps or other structures and accessories, including such meters and devices; such facilities may be surface facilities above or under the ground. Provided that no product or - service other than the parking of vehicles and the delivery thereof shall be dispensed or furnished at or in connection with any such parking facility. t' Provided, further, that the municipality shall not convert to a parking facility any land conveyed to it on a condition restricting its use to some other purpose. Subd. la. Minneapolis, application. The provisions of this section shall apply in all respects to the city of Minneapolis, except that the authority granted thereby may be exercised by such a city only within its corporate limits. Subd. lb. St. Paul, application. The provisions of this section shall apply in all respects to the city of Saint Paul, except that the authority granted thereby may be exercised by such city only within its corporate limits. Subd. 2. Financing. Any such municipality may pay for any portion of the cost of providing automobile parking facilities by: (a) Appropriating moneys therefor as authorized in subdivision 1; (b) Levying a tax, not exceeding one-sixth of one mill in any one year, on all taxable property in£the municipality; (c) Levying special assessments against benefited property; '4,1- :'Y (d) Appropriating any or all net revenues derived from the operation of its parking facilities; �rw (e) Classifying the users of such facilities as a subject for taxation, and imposing taxes thereon computed according to the extent of use of the facilities; (f) Imposing reasonable rates, rents, fees and charges for the use of any on-street or off-street parking privilege or facility, which may be in excess of actual cost of operation, maintenance, regulation and supervision of parking at the particular location where the privilege is exercised; (g) Leasing any off-street facilities at specified or determinable rents to be _ paid to the municipality under a lease made as hereinafter authorized and limited; s ' f r 459.14 MUNICIPAL ACTIVITIES 7734 1 ri_ (h) Borrowing money and issuing bonds as authorized and limited by subdivi- sion 3; or (i) Any combination of all or any of the foregoing. Subd. 3. Bonds. Any municipality to which this section applies may issue bonds for the acquisition, construction, or improvement of automobile parking facilities. Any such bonds shall be authorized and issued and sold in the manner prescribed by the laws of this state or the charter of the municipality for the issuance and authorization of bonds thereof for public purposes generally, except as in this section otherwise provided. The amount of all bonds issued by any such municipality under this section shall not be included in the net indebtedness of the '" municipality or in any computation of the outstanding indebtedness of the municipality for the purpose of determining the limit of its net indebtedness. Bonds so authorized and issued may be made payable wholly from general ad valorem taxes levied in sufficient amounts upon all taxable properties in the municipality, or wholly from special assessments levied upon properties within one or more parking, benefit districts, or wholly from the net revenues of operations of on-street and off-street facilities, not exceeding the portion of such net revenue available therefor under the charter of the municipality, or such bonds may be made payable from any combination of such sources of income, as specified and y defined in the resolution or ordinance authorizing their issuance; provided that bonds may be issued pledging the faith and credit of the municipality for the -, payment without the prior approval of a majority of the voters of the munici alit '' voting thereon at an election ordered by the governing body if special assessments l E uil have been or will be levied in an amount not less than 50 percent of the amount of such bonds; and provided further that where such bonds are payable wholly from the net revenues of all such operations, the bonds may be authorized, issued, and .1, sold by a resolution adopted by the governing body without an election notwith- ' standing any charter or statutory provision to the contrary. Subd. 4. Lease, rental charges. The governing body of any municipality providing automobile parking facilities under this section may make such other '" provisions for their operation and management as it may deem necessary, and it may lease and rent all or any off-street facilities to persons, firms or corporation, to be used for purposes of automobile parking and fix the rentals to be charged r. therefor, and when so leased to regulate the rates and charges to be exacted for the services so provided, and which lease shall prohibit the sale or offer for sale by the lessee of any merchandise or supplies, including gasoline or oil, or the cleaning. repair or furnishing of services other than parking and delivery of automobiles Such lease may require the lessee to make improvements to become the property of the municipality upon expiration or termination of the lease. The governing i_' body may, in the alternative, employ any person, firm or corporation as operating r manager and agent for the municipality to operate and maintain any such facility or facilities in behalf of the municipality under a contract defining the terms of such employment. Subd. 5. Licenses. In event of establishment of parking facilities at or near P the municipality's boundaries, the governing body may provide and regulate h'. licensing or by its own operations, transportation between the same and business centers. " Subd. 6. Powers, how exercised. Except as otherwise specified in th.s section, any and all powers granted or confirmed by this section may be exercised by the governing body by ordinance or resolution. Any municipal action rcgulst• ing or prohibiting parking or traffic on streets, alleys or other public highways. co which establishes rates, fees, charges or taxes for on-street parking, or penalties 1olr violation of such regulations or prohibitions, shall be by ordinance. Any su.6 ordinance may provide that the presence of a vehicle in or upon any public siren. j,. • 7735 MUNICIPAL ACTIVITIES 459.17 alley or highway in the municipality, stopped, standing or parked in violation of such ordinance, shall be prima facie evidence that the person in whose name such vehicle is registered as owner committed or authorized the commission of such violation. Subd. 7. Special assessments, hearing. An automobile parking facility is a local improvement within the meaning of sections 429.011 to 429.091 and, except as otherwise provided in this section, may be financed in whole or in part by special assessments levied in accordance with those sections. In apportioning such special assessments, the governing body shall take into consideration the improve- ments on the land and the present and potential use of the respective lots, pieces or parcels during the anticipated period of usefulness of the facility providing the benefits. If the governing body in levying such assessments determines that all or part of the benefited property is benefited to a lesser extent than other property, it may establish separate benefit districts for an improvement each comprising property benefited to a like extent, whether or not contiguous, and may provide either a different rate of assessment or, in lieu thereof, a different number of installments payable at such times as the governing body shall determine, subject only to the condition that the assessments for such benefit districts be made payable at such times as will permit the use thereof for payment of principal of and interest on any bonds issued for the improvement with respect to which they are levied. Interest on the unpaid balance of assessments levied under this subdivision shall be payable semiannually with other taxes levied on such proper- ty. History: 1919 c 281 s 1; 1947 c 621 s 1; 1953 c 675 s 1; 1955 c 259 s 1; 1955 c 873 s 1,2; 1965 c 877 s 6; 1967 c 288 s 1,2; 1967 c 669 s 1; 1973 c 123 art 5 s 7; 1973 c 292 s 1; 1973 c 773 s 1; 1980 c 509 s 167(1933-3) 459.15 PUBLIC REST ROOMS. All statutory cities and cities of the fourth class in the state may, at the discretion of their respective governing bodies, provide and maintain in or near the business center of the city a public rest room; such rest room shall be furnished with a suitable number of chairs and tables; shall be heated and lighted between he hours of ten o'clock in the forenoon and six o'clock in the afternoon; the !ntrance thereto shall be from a public street and there shall be placed on or over he entrance thereto a sign bearing the words "PUBLIC REST ROOM." History: 1921 c 294 s 1; 1933 c 169; 1973 c 123 art 5 s 7 (1933-5) 59.16 FACILITIES FOR WOMEN AND CHILDREN. There shall be provided and at all times maintained in connection with such est room suitable toilet facilities for women and children. History: 1921 c 294 s 2 (1933-6) 59.17 FREE USE OF; DEFILING, DESTROYING; SANITARY CONDI- ION. Such rest rooms, toilet, and lavatories shall be open to free use and enjoyment y the public subject to such reasonable rules and regulations as may be rescribed by the city council. The city council is hereby authorized to provide by rdinance for the punishment of any person wilfully defiling any such premises or yuring or destroying any property used in connection with such rest room. Such :st room and the toilets and lavatories and the accessories thereto shall at all mes be kept and maintained in a clean, neat, and sanitary condition. History: 1921 c 294 s 3; 1973 c 123 art 5 s 7 (1933-7) • FARMINGTON PARKING SURVEY The inventory of parking spaces and how they are utilized in downtown Farmington was conducted by the city staff on Thursday, January 16, 1975, between the hours of 9:00 a.m, and 9:00 p.m. Thursday was selected as it currently is the day of the week when most stares remain open during the evening. The scope of this survey involved the four business blocks downtown and their adjoining street frontage. The spaces identified for survey purposes resulted from combining recent aerial photography showing use with existing base maps and field inspec- tion. Pre-determined routes were traveled each hour noting vehicle license numbers to identify both the use of available space and the length of time each vehicle was parked. Some of the off street parking spaces were unavailable because of piled snow and one large off street parking area was roped off. This appears to have had no effect on the results of the survey however since none of the on street parking areas within the four block area approached capacity use and the peripheral streets, Elm, Fourth, Spruce and Second, had very little use during the survey. Survey results indicate that the downtown area includes 244 on street or curb parking spaces and a city owned parking lot which will accommo- date 40 vehicles. Other off street spaces utilized by shop owners and their customers total 116 units or a grand total of 400 public and private spaces within orclose to downtown activity. The most valuable information from this survey comes from combining tabulated data of the interior streets, Third and Oak, into four study units which function together with the city parking lot as the five primary downtown parking areas. Of these, the city lot is the most utilized area with 88 percent of its space occupied during its peak hour and dropping only to 83 percent occupied during the active period between 10 and 4. However the thirteen hour period of the survey shows only a 63 percent occupancy which indicates that it is used primarily as an employee parking lot between 9 and 5. The license plate records show that all day parking accounts for 60 percent of its use and parking of three hours or longer accounts for most of the other use. When parking use approaches 85 percent, it can be assumed that a parking area is serving at its capacity. The remaining 15 percent allows for a time gap between vehicles leaving and entering and would be considered a minimum for providing reasonably accessible parking. If local long term parkers, store owners and employees and telephone company personnel were to move to peripheral streets through enforce- ment of a two to three hour limit, this parking area would be more than adequate to serve the needs of existing downtown shoppers. Of the four major on street areas, Third Street between Elrn and Oak is the most heavily used. It includes 52 percent occupancy between 9 and 9, 56 percent between 9 and 5, and 71 percent at its peak hour 3 p.m. The five most active hours are scattered between the morning and afternoon and average 64 percent utilization. The records indicate that there is some long term use of space particularly at the II� north end of this block where four hour use of a single space is common and six hour use was recorded twice. The south end of this block functions more as it should with only occasional two hour use of parking spaces. It would appear that a time • limit on space utilization would benefit the retail uses in this block since the long term parking coincidentally occurs; in•the office and bar'portion ,of the street frontage.; • • . Oak Street between Third and Fourth includes 42 percent occupancy between 9 and 9, 47 percent between 9 and 5 and 63 percent during its two peak hours. The five most active hours average 53 percent utilization occurring during the late morning and early afternoon. Long term use of space is relatively more common close to the City Hall including two eight hour users and several three hour users. The west end of the block appears to have a reverse problem with some spaces absolutely vacant for eight hours at a time. Oak Street between Second and Third operates on a different schedule altogether. The peak hour for use occurs at 5 p.m. with 68 percent of the spaces used. The five busiest hours include lunch time and early evening to at least 8 p.m. The 9 to 9 hours show 40 percent use but only 33 percent between 9 and 5. Like the other blocks three and four hour parking is relatively common but not as common as the two hour intervals clustered around 4 and 5 p.m. Certain of these spaces are not utilized during the d'ay until that time suggesting that this block is oriented primarily to bar traffic with incidental use by shoppers. Third Street between Oak and Spruce has a slight orientation toward evening hours, but with a 23 percent utilization of parking spaces between 9 and 9 it does not appear to provide a significant service to downtown shoppers. The busiest time of day or evening occurs during the early afternoon averaging 33 percent of the space used. Perhaps -the most noticeable aspect of the survey results is that certain spaces at both ends of the block are never used and others remain vacant for eight hours at a time. These results should not be surprising since one quarter of the block frontage is vacant and another quarter is utilized by office space. Even the remaining retail space includes only slightly more than half of its frontage along Third Street. Viewed in this way the street does provide a valuable service for the retail uses in this block. This clearly identifies that problem for Downtown Farmington is not a lack of parking space but rather a deficiency in the amount of retail space. At no time during the survey were there fewer spaces than necessary. The City parking lot, while approaching capacity is not being used by shoppers since it is essentially filled before the stores open. Because there is ample parking downtwon, relaxation of parking requirements in the zoning ordinance has been suggested. This is not recommended particularly at a time when the community is actively seeking developers to recreate a downtown shopping center. A shopping center for the 1970's deserves better than 1920 development standards. The parking standards do, however, suggest a re-evaluation with more flexibility as a primary objective. In general , the relationship between commercial space and space devoted to off street parking should maintain a I to 1 ratio. Long range efforts by the City should include continued support for and work in the direction of multiple use parking facilities. This will assure that developers will have a choice between on and off site parking facilities within a framework provided a parking district. The following standards are suggested as discussion items leading toward an amend- ment to the off streetparking requirements of the Farmington Zoning Ordinance. OFF STREET PARKING USE SPACES REQUIRED 1. Residential a. One family and townhouse 2 per dwelling unit b. Two family and multiple family 1.5 per dwelling unit c. Housing for the elderly 1 per 3 units d. Mobile home court 2 per trailer site 2. Institutional a. Churches 1 per 6 seats in principal assembly room b. Senior high schools 1 per classroom plus 1 per each 10 students c. Elementary and junior high schools 2 per classroom d. Auditoriums, sports arenas , stadium 1 per 4 seats and Theaters e. Hospitals and nursing homes 1 per 2 beds f. Private club or lodge hall 1 per each 3 persons permitted within maximum occupancy load g. Golf club, tennis club or 0.5 per member family similar use h. Public golf course 6 per golf hole 3. Business and Commercial a. Eating and drinking places 1 per 150 sq. ft. of floor space b. Bowling alleys 5 per bowling lane USE SPACES REQUIRED c. Funeral homes 1 per 100 sq. ft. of floor space d. Furniture stores, appliance 1 per 800 sq. ft. of and household equipment plus floor space repair shops and showrooms e. Hotel and motel 1 per each occupancy unit f. Dance hall , exhibition hall , 1 per each 3 persons skating rink or other..assembly permitted within maximum halls without seats occupancy load g. Auto sales, service and repair 1 per 250 sq. ft. of floor space h. Retail stores 1 per 300 sq. ft. of floor space 4. Offices a. Banks, professional offices of 1 per 200 sq. ft. of doctors, dentists and similar floor space ' professions b. Business and other professional 1 per 300 sq. ft. of offices floor space 5. Industrial a. Industrial and wholesale 2 per each 3 employees on the maximum working shift b. Research establishments 1 per each employee on the maximum working shift (A) All spaces in off street parking areas shall have access from driveways or maneuvering lanes rather than from public streets. Said driveways and maneuvering lanes shall be limited to 20 ft. in width at the public street line. (B) Off street parking areas for more than five vehicles shall be graded to drain away from buildings and adjacent property, and surfaces so as to provide a durable and dustless surface. (C) All lighting used to illuminate off street parking areas shall be installed to reflect light away from all public rights of way as well as adjoining premises in any "R" District. (D) Off street parking for other than residential uses may be provided either on the same lot or, with approval from the Board of Adjustment, within 300 feet of the building it is intended to serve. (E) Joint parking facilities and City owned parking lots may be utilized to satisfy the off street parking requirements of this section provided that the total number of spaces shall equal the sum of requirements for each building or use. (F) In the instance of joint or multiple service parking facilities, where operating hours of buildings do not overlap, the Board of Adjustment may authorize special exceptions to these requirements.