HomeMy WebLinkAbout9.b. Geraghty Building Parking �
, CITY OF ROSEMOUNT
EXECUTIVE SIID�RARY FOR ACTION
CITY COUNCIL MEETING DATEc APRIL 19, 1994
�iGENDA ITEM: GERAGHTY BUILDING PARKING AGENDA SECTION:
OLD BUSINESS
PREPARFD BY: THOMAS D. BURT, AGENDA I�'Q:['�J� � �
I 9 t �f�lu� 9
C TY ADMINISTRATOR
ATTACHMENTS: MINUTES OF 9/21/93, APPROVED BY:
LEGAL REVIEW
This issue was on the previous Council meeting for discussion. The general
concern for parking is an on going issue that will not easily be resolved.
The idea of using City Staff to improve private property is an issue that
could set a bad precedence for all future request and I would suggest that
during any future redevelopment plans of the downtown this be a continued
issue to address. The City had no control over the State decision to
restricted parking on highway 3 and is not responsible for private parking
issues . Any repairs to private property should be the responsibility of
the owner.
Attached are previous City Council minutes concerning downtown parking
issues. It indicates that staff is to continue to look for ways of
relieving the parking problems in the downtown. While staff continues to
work on downtown redevelopment they will keep the parking issue as a
priority.
Recommendation:
No action at this time, but direct staff to continue to look at ways
to redevelop the downtown and have parking as a primary concern.
RECOI�lENDED ACTION: No action at this time.
COUNCIL ACTION:
, � ROSEMOUNT CITY PROCEEDINGS
REGIILAR MEETING
SEPTEMBFR 21, 1993
difficulty of parking may hurt his business. Bergh encouraged
the Port Authority to get involved with looking at alternative
parking for the downtown area. Also coordinating the time of the
traffic lights with County Road 42 may mov� traffic through
better.
City Engineer Osmundson said we will have to try not parking on
Highway 3 for one year because of the contract with MnDot. The
left turn lane in the middle has proven to improve safety. The
car count at the intersection of 145th Street West and Highway 3
is about 10, 000 cars per day. Osmundson agreed that staff and
the Port Authority could look for additional parking in the I
downtown area. St. Joseph Church would be allowed to park on the ,
west side of Highway 3 . '
Mayor McMenomy opposed the non-parking policy on Highway 3 .
City Attorney Miles noted that it would be very difficult to
change the contract with MnDot. The contract would likely be
ready for review in June, 1994 .
�r
Councilmember Klassen hoped that business owners would share
their parking with businesses on Highway 3 while needed.
MOTION by Willcox to direct the Port Authority and staff to work
with businesses affected by the no parking on Highway 3 in the
downtown area to relieve the lack of parking. Second by Klassen.
Ayes: Klasseri, Willcox, Wippermann, McMenomy, Staats. Nays:
None.
Planning Director Lisa Freese updated Council on the action
Metropolitan Council took regarding the City' s Comprehensive
Plan. Freese explained that Metropolitan Council has required
the City to submit a revised plan limiting the City' s urban
service area. Discussion ensued. It was determined that a work
session would be necessary inviting all commissions and
committees .
MOTION by McMenomy to have a special meeting on Monday, September
27, 1993 at 6 :30 p.m. to discuss the Comprehensive Plan urban
service area. Second by Klassen. Ayes: Willcox, Wippermann,
McMenomy, Staats, Klassen. Nays: None.
City Administrator Jilk reviewed the need to renew the city
attorney contract. Jilk noted the need for consistency in this
area is extremely important . Councilmember Klassen agreed that
for stability it would be good to maintain Fluegel, Moynihan and
Miles, P.A. for at least six months.
MOTION by Klassen to renew the contract with Fluegel, Moynihan &
Miles, P.A. for six months to begin on January 1, 1994 . Second
by Wippermann. Ayes : Wippermann, McMenomy, Staats, Klassen,
Willcox. Nays : None.
4
M E M O R A N D U M
TO: Tom Burt
City Administrator, Rosemount
FROM: Mike Miles��;/,��,�,
City Attorn �i
DATE: April 13, 1994
RE: Use of Rosemount Public Facilities/Funds to Improve
Private Property
HACKGROUND
This memo is in response to the request of both you and the
City Council to research whether the City may deploy City staff and
funds to modify or improve an individual ' s private prop�rty in the
City of Rosemount . The specific request for assistance to private
property arose at the City Council meeting of April 5, 1994 , under
the following factual situation: Sometime ago, the City, in
conjunction with Dakota County and the State of Minnesota, engaged
in a project to improve Hwy. #3 . This improvement project
essentially eliminated parking along a portion of property on wfiich
numerous businesses exist. The requester at the April 5th City
Council meeting, asked the City to provide labor and some materials
to remove several trees and expand a parking area for her business ,
in order to offset the elimination of parking on Hwy. #3 . There is
no indication that the trees in question are in a diseased or
hazardous condition so as to be dangerous to public health and
safety.
ANALYSIS
In response to your request, I have extensively examined the
broad-based powers of a municipality such as Rosemount. The result
of that research is that I can find no statutory ar common- law
authority under which the City of Rasemount could use City staff
time and other public resources strictly for the purpose of
removing trees which do not pose a public safety hazard for the
purpose of expanding a private parking lot for a privately-owned
business enterprise . However, my review of the City' s statutory
powers suggest several other ways in which the City or its Port
Authority may attempt to deal with this problem.
Tom Burt
April 13, 1994
Page 2
First, under the provisions of Minn. Stat. Chap. 469 , the
Rosemount Port Authority has the general power to create
development districts and to provide various types of assistance
either directly or indirectly to community enterprises . Based on
the Port Authority' s powers, it may be possible to structure a
development mechanism through which not one, but a number of
businesses in downtown Rosemount with parking problems , could be
assisted. It should be noted that, through these powers , the Port
Authority is more likely to be able to acquire land for public
parking, rather than to directly create private parking
opportunities for the businesses in need.
The second assistance possibility is through the provisions of
Minn. Stat. �469 . 181 , under which the Port Authority, acting as
Rosemount' s economic development authority, can seek the deferment ',
of certain taxes relating to the improvement of private property. ',
This is a �less direct and less comprehensive mechanism, but it
allows the City to work with individual property owners/developers .
Absent the City' s authorization to undertake more legal work
on this subject, I have not studied or set forth the specifics of
how either of the foregoing options would be undertaken. I would
be pleased to do so if the City so requests .
JMM:gmo
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