02-11-86 Parking Comm Minutes• February 11, 1986 PARKING COMMISSION 2:00 P.M.
Commission Chairman Pirrie and members Bob Ivey and Colin Wills present.
Mayor Kennedy, Chief Stefanie, Clerk Halvor, Ed Gallagher and Bob King also
in attendance.
Chairman Pirrie noted that since there was not a quorum present no decisions
could be made.
GRANMO BUILDING SALE - Mr. G. Simmons of the Lighter Side Restaurant
is interested in expanding into the old Gift and China Shop area. His business
is growing and he is losing his lunch crowd for lack of space. There was
discussion of parking spaces required because this would be a new business.
Twenty spaces are grandfathered in, but there would need to be provision for
20 additional spaces. The Commission asked Ed Gallagher to request the parties
to put the proposal in writing and present it to the Commission. The Council
will work with the Commission for an equitable solution. The KDC may have
some funds available to help.
CASH IN LIEU OF PARKING REQUIREMENTS - This policy is not in use and
Ed Gallagher pointed out that there has been no follow through in the past
when this was used. There is a need for the Commission to commit to a policy
that is the same for all, that encourages investment as well as subsidizes
parking. Colin Wills emphasized that the policy must treat all equally. Gordon
Pirrie proposed $1000 per parking space over a ten year period. Location and
demand for parking must also be considered.
PARKING LOT LEASE REGULATION CHANGES - Chief Stefanie passed out the
attached notice, which was handed out to the purchasers of February permits.
He had received no complaints resulting from the notice. Colin Wills asked
about overselling several of the lots as is done in other cities - not from
the income standpoint, but rather to provide more parking. The Commission
felt that it should be noted for several months how full the lots are before
trying this arrangement. Bob Ivey indicated that Ed Trippet had expressed
interest in raising the rate of his lot. The Commission will leave as is
for the time being and look at it in the spring. The new lot by Valley Bank
will be available for $12/month when it opens.
There has been a complaint that the number of permits available runs
out before the need. Gordon Pirrie said that more parking is the only solution.
There was some discussion of whose responsibility it was to supply parking,
the businessmen, citizens, ...
FIRST FEDERAL LOT - This is being appraised. The Commission has been
getting the feeling from outside input that they shouldn't pay anything but
a super bargain price, but they expressed a need to be fair.
ADDITIONAL PARKING NEEDS - Mr. Pirrie pointed out that the Commission
needs to go out this spring and get more lots for rental in an effort to draw
some of the parking away from downtown. There was a suggestion that the Commission
put out a monthly or bi-monthly newsletter for businesses to encourage parking
out of the business district.
PARKING COMMISSION
February 11, 1986
Page 2
Ed Gallagher has been in contact with the Burlington Northern Railroad
concerning parking space behind the Loading Dock. He will call and set a
meeting with BN. The Commission felt that if BN would cooperate the Commission
could grade and gravel the area north of the Chamber and give that to the
College for parking, in hopes that it would relieve the Chamber parking lot.
30 MINUTE PARKING 1ST STREET EAST - The original proposal was for 30
minute parking on lst Street East between Main and 1st Avenue East. Chief
Stefanic agreed there would be strong policing problems. He had taken this
to the Council Workshop. The Council was concerned about the response to
this and wanted to meet in a joint session with the Parking Commission.
The original proposal was expanded by Colin Wills to include both sides
of Main Street between Center and lst Street, and both sides of 1st Street
between lst Avenue East and lst Avenue West. The Commission agreed. Again
there would be a policing problem, but the Commission felt that most shoppers
needed only half an hour rather than an hour.
The policing problem was discussed at length. There was a suggestion
of hiring a half time meter maid to address some of these specialty problems.
It was pointed out that a varied schedule was needed to take care of the game
players who wipe off their tires, watch the meter maid's schedule, etc. Budget
for an additional meter maid is a hurdle and possible alterntives and solutions
were discussed. One suggestion was that a part-time person be used only at
peak times such as when college starts - holidays and summers would not be
a problem. Gordon Pirrie pointed out that it would be in the best interests
of the Mall to invite the College students to park in their lot - it would
encourage shopping because of the close proximity, and during the Mall's
peak times the students would not be there because of holidays and summer.
CHAMBER PARKING LOT - Bob King expressed thanks for the signs and barri-
cades. This has caused a marked improvement. He pointed out that the vehicles
of individuals working in the Chamber have a sign in the rear window identifying
them as belonging to the Chamber. Mr. King will have the Chamber Board send
a letter of recommendation concerning the enforcement problems to the Commission.
PARKING LOT LEASES - Clerk Halver presented a sample lease (attached)
and asked for responses. He pointed out that #3, Preparation Costs, could
be deleted or changed as necessary depending upon the particular situation.
Mr. Pirrie asked Colin Wills and Bob Ivey to sit down and go over this document
and make recommendations to Clerk Halver. The Commission still would like
to see the leases in order by March 1.
FUNDS FOR PURCHASING PARKING LOTS - Clerk Halver indicated that funds
are available. Attorney Neier has expressed a concern about the exact means
taken in expending funds and the need to do it correctly. The Commission
agreed to check with Attorney Neier on the correct procedure.
BLAKE HALL - If the College moves to its new location this building will
be condemned and the Commission felt this would be a good location for a possible
parking lot site.
ajg
Fees at the following lots will change to $12.00
per month.
- Tour & Travel Lot
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PARKING LOT LEASE
THIS LEASE, made and entered into this day of 19_, by
and between
,
with its principal place of business located at Kalispell, Montana, hereinafter
referred to as LESSOR, and the CITY OF K;.�ISPELL, a municipal corporation,
hereinafter referred to LESSEE;
WITNESSETH:
WHEREAS, the Lessor is the owner of certain premises in Kalispell,
Montana, described hereinafter, suitable for parking lot purposes; and
WHEREAS, there is critical need in the downtown area of the City of Kalispell
for public parking facilities; and
WHEREAS, the Lessee is authorized under the statutes of the State of Montana to
lease property for the purpose of the operation of off-street parking and the
operation and maintenance of public off-street parking facilities; and
WHEREAS, the Lessor desires to lease to the Lessee, and the Lessee desires to
lease from the Lessor the hereinafter described premises for public off-street
parking lot purposes,
NOW THEREFORE, the parties hereto do hereby agree as follows:
1. Term. The Lessor does hereby lease to the Lessee, and the Lessee does
hereby lease from the Lessor for a term of years from the effective date
hereof that premises more particularly described in Exhibit "A"
by this reference made a part hereof. The effective date shall be considered the
date of the completion of installation of parking meters and improvements on the
property described in Exhibit "A", but in no event not later than
If this agreement is a continuation of an existing or prior lease of said
premises between said parties the effective date hereof is the date first above
written.
2. Rental. The Lessee agrees to pay to the Lessor for and as rental for said
premises of the total gross receipts received by Lessee from the
operation of parking meters on said premises. Payment thereof shall be made at
least monthly each month during the term hereof, computed on the gross receipts
received from said parking lot facilities during the immediately preceding month.
At the request of either party on the annual anniversary date of this agreement such
rental percentages shall be renegotiable and subject to change upon mutual agreement
based on the costs of Lessee in the operation and maintenance of said lot.
3. Preparation Costs. The cost of breaking and replacing curb and/or sidewalks
for the purpose of installing ingress and/or egress and the cost of installation of
the asphalt surface of said lot shall be paid by the Lessor. If the Lessor, in
writing, requests the Lessee to install such ingress and /or egress facilities and
install the asphalt surface of said lot, the Lessee agrees to do so, utilizing
reasonable and economical standards therefor, and Lessor agrees to reimburse Lessee
for the costs thereof. If Lessor fails to pay such costs within 30 days of being
furnished a statement thereof by the Lessee, Lessee may withhold from Lessor's
portion of the income from the premises as set forth under paragraph 2 hereof, the
amount of such costs before Lessor shall be entitled to rental for the premises.
Improvements to the lot surface during the term of this lease, other than minor
patchings as may from time to time be necessary, shall be made and paid for by
Lernor. Minor patching shall be done by Lessee.
Lessee shall at its own expense do all space and traffic control striping as may
be required.
4. Use. Lessee shall use said lot only for public automobile parking controlled
by coin operated parking meters.
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5. Parking Meters. Upon receiving possession of said premises the Lessee will
as soon as Dractical install parking meters and perform such other work as is
necessary to rake said premises suitable for a parking facility. Lessee will pay
all costs of meter installation and upkeep during the term of this lease. Lessee
shall have the sole authority to determine the coinage and time limits of meters
installed under this lease.
6. Taxes and Assessments. Lessor shall pay all taxes and special assessments
legally levied and imposed on said premises; it being understood the meters and
property improvements of the Lessee shall not be subject to tax.
T. Snow and Debris Removal. The Lessor shall be responsible for the piling of
snow and the Lessee shall be responsible for the removal of piled snow from said
premises. Lessee shall also sweep said lot with its street sweeping equipment at
least twice each year during the period same is free of snow. Lessor shall promptly
remove all snow from the sidewalks adjoining said premises and comply with all
ordinances of the City of Kalispell as may apply thereto.
g. Operation. Lessee agrees to operate said premises in a reasonable and
Proper manner as a public metered automobile parking lot and to police the sate, and
keep the same open to the public twenty-four hours of the day every day of the year
and to cause the parking areas to be properly marked and striped and to keep the
premises in a neat and clean condition at all times; provided, however, that the
meters need be policed only during such hours of the day as parking meters are
policed and checked on the streets of the city under its presently existing
ordinances or under any ordinances hereafter enacted by the Lessee.
9. Fines, The Lessee shall be entitled to all fines -levied for the
violation of city parking ordinances or regulations on said premises. Such fires
shall not be included in the gross receipts in determination of the rental due the
Lessor.
10. Records. The Lessee agrees to, in addition to any regular records it may
keep of the operation of said parking meter area, keep proper, separate records and
accounting of all fluids collected from the operation of said parking facilities on
the property leased hereunder, which records shall be open to the inspection of the
Lessor or its authorized representative and the public at all reasonable times.
11. Liability. The Lessee shall obtain and keep in full force liability
insurance in such amounts and in such companies as are agreeable to the Lessor and
Lessee agrees to hold Lessor harmless from any and all liability of any nature
whatsoever arising from or out of Lessee's use, possession and occupance of the
property herein described and to defend, at its own expense, any action brought
against the Lessor arising out of the Lessee's use, possession and occupance of said
property. Lessee's liability hereunder shall not exceed that permitted by laws of
the State of Montana applicable should Lessee be the owner of said premises rather
than a lessee therof.
12. Advertising. go concessions or advertising shall be located on
said property except as are hereafter mutually agreed by the parties hereto. Except
Lessor may place a sign thereon concerning its business and ownership of the lot.
Lessee may also provide and install in a prominent place or places on said premises
a suitable sign notifying the public that said premises is a public parking lot and
the conditions of parking permitted thereon.
13. Lighting. Lessee shall install and pay the cost of operation of any
lighting fixtures for said lot as Lessee may deem necessary.
14. Removal. It is understood and agreed that any improvements made by Lessee
on said premises have been fully amortized upon the termination of this Lease, by
expiration of time, and that the Lessee shall be entitled to remove, at its expense,
and retain any removable improvements made upon said premises, including parking
meters, lights, markers, signs or other equipment, with the exception of the surface
material. The premises must be left in the same condition as the same now are,
reasonable wear and tear and effect of the elements excepted. Lessee shall have
thirty (30) days after the termination of this Lease in which to remove said
improvements, it being mutually understood and agreed, however, that in the event
2
this Lease is terminated by the Lessor except for default by Lessor prior to the
expiration of the original term hereof, then and in that event, the Lessor shall
reimburse the Lessee for the unamortized portion of the coat of installing any
improvements, including ingress and egress to said property. In any event, the cost
of breaking curb or sidewalks for the purpose of installing ingress and/or egress
shall be at the expense of the Lessor.
15. Early Termination. Each party hereto shall have the right to cancel this
Lease by giving to the other a thirty (30) day written notice of its intention to so
cancel. The Lease is deemed terminated thirty (30) days after the mailing of such
notice by the terminating party. In event of termination Lessee shall have full
benefit of the provisions of Paragraph 14 hereof.
16. Extension. This Lease shall be extended on the .same terms automatically
without the necessity of the execution of a renewal lease for three (3) years from
and after the term herein granted; provi^_ed, however, that either party may cancel
the extension period at any time within thirty (30) days prior to the expiration of
the term herein granted by giving written notice to the other party of the intention
to end this Lease.
17. Default. In the event Lessee shall default in the performance of any of
the terms or conditions of this agreement and any such default shall continue
unremedied in whole or in part for a period of thirty (30) days after written notice
shall have been delivered by Lessor to the office of the City Clerk/Treasurer of the
City of Kalispell, Montana,- then and in such event Lessor may, at its option,
terminate this Lease and re-enter and retake possession of the property without
further notice or demand, and Lessee shall have the right of removal of its meters
and improvements which are removable as provided in Paragraph 14 hereof. In the
event such default continues unremedied for such period, Lessor may, at its option,
pursue any other remedy available under the laws and statutes of the State of
Montana.
18. Special Provisions.
IN WITNESS WHEREOF, we have hereunto set our hands this _ day of ,
19
ATTEST:
City Clerk/Treasurer
By:
LESSOR
THE CITY OF KALISPELL
-3-
Mayor
LESSEE