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01-06-87 Parking Comm MinutesJanuary 6, 1987 PARKING COMMISSION 4:00 P.M. Chairman Gordon Pirrie and Commission members Colin Wills, Ed Myers and Bob Ivey in attendance. Mayor Kennedy, DPW Hammer, Chief Stefanie, Ed Gallagher, Almaree Helmetag (Meter Maid), _Ed Trippet and Roger Hopkins of the Daily Interlake also present. WALKER PARKING CONSULTANTS - Chairman Pirrie presented a report from Jim Myers of this firm inMinneapolisto Bob Ivey and Colin Wills to review for the next meeting. He also asked that the Clete Daley study be found so that it could be reviewed. NORTHWEST TELEPHONE SYSTEMS: 20 LEASE SPACES FOR EMPLOYEE PARKING - Bob Ivey and Gordon Pirrie went to see Bob Gunnerson but were unable to make contact and he has not called back. There is a lot with a home on it for sale behind the Four Seasons, It is listed for $54,000. The Commission felt that it would be possible to purchase the lot but that the cost would need to be amortized over a period of time and the phone company would have to be charged the cost of the lot. A letter will be written to John Gunnerson stating that the Parking Commission is still interested and willing to listen to any proposals that the phone company may have. �. TRIPPET LOT SETTLEMENT FOR UNPAID SHARE - Bob Ivey gave a history of the problem which included the work done by Mr. Trippet and other facts involved. The City audit showed that $3007 was not paid to Mr. Trippet over a three year period (his 70% of the proceeds from the lot). Mr. Trippet requested that • the settlement include the $3007, plus interest, plus the cost of the improvements that he had made on the lot originally after pointing out that the lease that is now in effect states that the City owns and is responsible for the meters, boxes, etc. Mr. Pirrie offered him a setllement of $2000, which Mr. Trippet did not accept. Mr. Trippet pointed out that Item 5 of the lease states that the City will provide meters, installation and upkeep. Since he is being charged for the used meters and some poles (which was a verbal agreement between he and Bob Ivey when the lot was first opened) Mr. Trippet stated that he would pay for them, but then would turn around and sell them to the City for what he had in them so that the arrangement would be consistent with the present lease which states that the City owns them. Mr. Pirrie objected to paying interest on something that was good for both the City and Mr. Trippet. The settlement finally agreed upon by all parties was the $3007 of back income minus the price of the box ($600), plus the last three months of income, but no interest. It was moved, seconded and passed to pay Ed Trippet $2407 plus the earnings from the last three months, and included title to the box. The Mayor will see that this bill is paid. FUNDING SOURCE FOR ADDITIONAL 2-HOUR PARKING SIGNS - Chief Stefanie stated that Allen Bardwell felt that the area is quite well covered. This item was tabled. SIGNAGE POINTING TOWARDS PARKING LOTS.- It was felt that this was needed mainly for Canadians and tourists. The "No Left Turns" off of Main Street pose access and directing problems. Meter Maid Helmetag didn't feel that the • town was big enough to warrant the need. The Commissioners agreed to take a closer look and report back at the next meeting. c. 0 PARKING COMMISSION • January 6, 1987 Page 2 BURLINGTON NORTHERN LOT - The college has sold approximately 37 quarterly permits ($15.00) and the Police Department has sold about a dozen, though some are monthly. Chairman Pirrie asked the secretary to write a letter to Nick Herron at the Chamber of Commerce to inform him of the terms of the permits and to ask that he communicate with the others in the building the need to clear up the Chamber lot for tourists and customers. The target for permits is 120 spaces. Courtesy warning tickets are being issued through today, ticketing will begin January 7. The lot was signed as of last Friday, but the signs may be too high and may have to be lowered. DPW Hammer stated that the original layout and numbers were based on two entrances and the space behind the Loading Dock. When the Street Department began grading and some improvements it was discovered that the Loading Dock holds lease to a large portion behind their building and to the alley access off Center Street. The numbers will have to be refigured. Chief Stefanic pointed out a bottleneck problem with the present layout in the back lot. DPW Hammer said the Highway Department had listed four conditions to access from Main Street: 1) ➢iverters to make two lanes at entrance, 2) No Left Turn signs for entrance and exit, 3) Six to eight loads of gravel at the entrance to keep mud off Main 'Street, and 4) a barrier to keep vehicles from crossing Big Sky Properties land to exit or gain access to the lot. Chief Stefanie praised the Street Department crews for a very good job even with the problems they encountered. He said they really rose to the occasion. Mayor Kennedy said he had had complaints already because there is only a right turn onto Main and asked if there was any possibility • of using the Loading Dock alley access. Possible alternatives were discussed but it was decided to wait to see how things were moving after the first month before taking any action. ORDINANCE ENFORCING OFF-STREET PARKING - Those who had looked at the Salem plan felt that the biggest probem was the ticketing of employees who came downtown to shop on their days off. There was some discussion of other aspects of the program but the most important factor seemed to be the solid support of the business community. That is the key to making the system work. Chairman Pirrie looked at some graphs of present parking lot usage and stated that it appears that many spaces are available that are not being used - and that is a good place to start. He asked if someone could be hired to carry out an employee count ofthe downtown area. Ed Gallagher stated that they needed to set some boundaries, tabulate existing available parking within that area, and then do the employee count to see what is needed. Then a plan could be formulated for presentation to the Council. Ed Myers, from the college, stated that perhaps the college should purchase their own parking - it was an accepted solution in other areas. He also pointed out that the time factor for what needs to be done should center on everything being ready for September 1 and the start of a new school year. Chief Stefanie stated that there are counts of on and off street spaces available, and that he will soon have actual occupancy counts for particular days for on and off-street parking. Meter Maid Helmetag pointed out that the lots are less than half full as a rule and stated that stiffer ordinances were needed for enforcement. She felt that additional help would create enough revenue to pay for itself as well as provide the additional enforcement. • She can cover only half the area now, and must walk the lots, which takes alot of time. Chief Stefanie felt that the problems included ticketing legitimate customers and ticking them off, the fact that employees not involved in retail activites PARKING COMMISSION . January 6, 1987 Page 3 do not have a regard for customers that the retailer does and must be educated, and most important, that the ordinances we do have cannot be enforced. Because of Montana State law the City cannot escalate tickets (we bluff), cannot legally enforce a parking ticket to the owner of a vehicle, but rather must prove they were the driver, and morally cannot warrant and arrest and drag someone out over parking too long on the street. He felt that some of the problems in Kalispell will not be solved by simply following the Salem plan simply because of the difference in state laws. Chairman Pirrie stated that it is back to having a whole package ready to begin September 1. On that note it was agreed that several of the Commission members would get together and draw up what information was needed (such as customers per day, number of employees, etc.) and then this would be made into a form to be used in a survey of the downtown area. This would generate information needed to make definite plans. ED MYERS RESIGNATION - Dr. Myers stated that he will be leaving January 22 to take a job in southern California because his job here is being phaaeu'^out. There was discussion of a replacement and it was felt that FVCC College President Freyette would be a good choice if he would accept. Dr. Myers will approach him. 0 ajg • u ti h J Q ah 't � F . L ti, 3 a � a Q �1i a 6 frt+ n fc er — � c t — 'a 7 a �c b yw� h t 4o y e d 6 u i �v y o Z n Y a�- -G9.; �,Y-1� NI N W PAEK:NC LOT LEASE THIS LEASE, made and entered into this Ist day of Sul, , 19 t, by and between Edgar Id. Tri.ppeC I , - wSth its principal place of business located at Kalispell, Montana, hereinafter referred to as LESSOR, and the CITY OF KALISPELL, a municipal corporation, hereinafter referred to LESSEE; WITNESSEfH: 1h.d-9-,As, the Lessor is the owner of certain premises in Kalispell, - Montana, described hereinafter, suitable for parking lot purposes; and - I'T.EREAS, there is critical need in the downtown area of the City of Kalispeli - 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 - FdEREAS, 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 three years from the effective date hereof that premises core particularly described in Exhibit "A" attached hereto and 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 ^V , but in no event not later than N/A 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 70% 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 _ y 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. 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 F 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 - Lessor. 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. - 1 'd r • =i a 5. Parkin,, Ye tors. Upon receiving possession of said premises the Lessee w'_il as soon as practical install parking meters and perform such other wprk as is necessary to crake said premises suitable for a parking facility. Lezzee will pay all coats 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 Assess_m_entz. Lesser 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. 7. Snow and Debrin 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 prcmptly remove all snow from the sidewalks adjoining said premises and comply with all ordinances of the City of Kalispell as may apply thereto. A. .,., _J refl'sea_n a Peaesia_'a.a y evevyday Of nd—to keep- the eteie neeei " - ' ^ a' ringsu h ha s AA:en at all `e€ the ds,, an pmk Y d and .,.__ ej ly d 9. Fines. The Lessee shall be entitled to all fines levied for the violation of city parking ordinances or regulations on said premises. Such f'"nes shall not be included in the gross receipts in determination of the rental Cue 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 funds 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 ofany nature whatsoever arising from or out of Lessee's use, possession and eccupance 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. No 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 Leszee 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 understocd and agreed, however, that in the event 2 this Lease is terminated by the Lesser 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 unamcrtimed portion of the cost 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. Earl, 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; provided, 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 znd .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 Statp of '- Montana. 18. Special Provisions. LEGAL DESCRIPTION: -' - --- - Lots 18-19, Block 76, Kalispell Original 3. IN WITNESS WHEREOF, we have hereunto set our hands this day of /LESSOR - - THE CITY OF OOFr/KALISPELL By .. .. _ Mayor � LESSEE ATTEST: - City Clerk/Treasurer - s 3 - n