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5.3. SR 11-05-2007Item # 5.3. ver MEMORANDUM TO: Mayor and City Council FROM: Lori Johnson, City Administrator DATE: November 5, 2007 SUBJECT: Parking Permit Options and Resolution Approving Limited Use Permit At the October 8, 2007, City Council meeting, the Council directed staff to come back with recommendations on overnight parking and snow removal in the King Avenue parking lot. Attached is a memo from Chief of Police Jeffrey Beahen, Community Development Director Scott Clark, Street Superintendent Phil Hals, and Public Works Director Terry Maurer, outlining two options fox the City Council to consider. Also attached is a memo from Terry Maurer that discusses the methodology staff will use to conduct future parking counts, improvements to the north Highway 10 parking lot, and the Limited Use Permit for use of the north Highway 101ot. Please review Chief Beahen's memo for the two options staff has developed to allow for overnight parking in the King Avenue lot and to accommodate snow removal during snow events. The memo includes the proposed ordinance language changes needed to implement both options. Staff will be present to go over the options in detail and explain how signing may change and how snow removal may be affected by either of these options. Further, at the October 8 meeting, the City Council requested that quarterly parking counts be taken. Terry Maurer researched parking study methodology and has a recommendation for the Council on the method to be used for the counts along with a proposed timeframe in his memo. Also in his memo is the estimated cost for improving the Highway 101ot. These improvements will help pedestrian movement to the signal, better define the parking, improve the looks of the lot, and improve safety by moving the access. Finally, the parking study included a list of 16 recommendations. Many of these are ongoing items such as, monitoring parking usage, reviewing parking finances, and review of future parking options including purchasing land or constructing a ramp. Some of the other recommendations have already been implemented or are in the planning stages such as intersection and pedestrian improvements to Jackson and Main, improvements to the north Highway 101ot, appointing the Public Works department to oversee parking, and communication with the downtown businesses and property owners. Economic Development Director Catherine Mehelich continues to work with the River's Edge Group on conveying information to the downtown businesses about parking. The city will continue to have a liaison to River's Edge in order to continue good communication with the downtown group. In addition, printed material or emails will be sent as needed to all affected parties in the downtown area. Attachments ^ Staff report from Chief of Police Jeffrey Beahen, Community Development Director Scott Clark, Street Superintendent Phil Hals, and Public Works Director Terry Maurer ^ Staff report from Public Works Director Terry Maurer REQUEST FOR ACTION To Item Number Ci Council 5.3. Agenda Section Meeting Date Prepared by Administration November 5, 2007 Chief of Police Jeffrey Beahen, Community Development Director Scott Clark, Street Superintendent Phil Hals, and Public Works Director Terry Maurer Item Description Reviewed by Parking Permit Options for King Avenue Lot Lori ohnson, Ci Administrator Reviewed by Action Requested At the October 8~' Council meeting, staff met with Council concerning overnight parking in the King Avenue lot. At the direction of Council, staff has put together parking options for overnight parking. Council is asked to review these two options to decide if one of these options meets their approval. If one of these options is chosen, Council is further asked to approve the changes to the appropriate City Ordinances as listed. With Option I the King Avenue Lot may not be plowed for 24 hours later than normal; so customers and employees should expect an extra day of snow in the parking lot. Staff recommends Option II, which allows fox greater efficiency in snow removal, but does create some concerns for the following day when daytime employee parking could be impacted. Background/Discussion Option I allows for unlimited overnight parking anywhere in the King Avenue lot, no permits required. To accommodate snow removal, there would be a posted area on the north side of the lot where cars would be required to park only after a significant snow and then, only following a certain period of time after the snow stops. (We don't want to make the no parking start during the middle of the night as residents will need to know the snow has stopped and be given time to move their vehicles.) The nine special district residents (Brick Block, Cinema Block and Houlton Block) would be given their residential permits to ensure that they have guaranteed parking. Nine posted spots would be available for these residents only in the northerly parking rows adjacent to TH10. Option II is similar to the first option, but restricts the overnight parking to those 26 spaces along the north side of the lot facing Highway 10. Of those, 17 would be overnight parking only 6pm until Sam, (no permit required) and 9 would be posted "Residential Parking Only-Permit Required", and would be reserved for the nine special district residents. There would be no need to move cars for snow removal, although after a snow fall and the initial cleaning of the lot, the street division would post the overnight area of the lot "Temporary No Parking-Snow Removal" to allow that portion of the lot to be cleaned. S:\Council\Police\2007\paxking 11-07(2).doc During that period of time, cars that would park in the 26 posted spots would have to park across Highway 10. The same process would be used to clean the 26 spots in Option I. We have included the ordinance changes as written and the changes proposed, and have also included some relevant statute information. Financial Impact There will be some slight costs for the additional signing required, depending on which option is chosen. The City will also have some minor costs for the publication of the ordinance changes. The Council still has additional options to direct staff on concerning improvements to the TH101ot north of TH10 and west of Jackson, and if and when those improvements should be made. Attachments ^ Proposed Ordinance Changes ^ MN Statutes 169.041 and 168B.04 Action Motion by Second by Vote Follow Up S:\Council\Police\2007\parking 11-07(2).doc PROPOSED ORDINANCE CHANGES Sec. 74-97. Nighttime parking. CURRENT (a) No vehicle shall be parked between 2:00 a.m. and 6:00 a.m. on Lowell and Jackson Avenues between Highway 10 and Main Street, on Main Street between Lowell Avenue and Highway 10, on Jackson Avenue between Highway 10 and 5th Street, and on Railroad Drive. In addition, no vehicle shall be parked between 2:00 a.m. and 6:00 a.m. in the municipal parking lots along the Burlington Northern Railroad. (b) No vehicle shall be parked between 2:00 a.m. and 6:00 a.m. in the King Avenue parking lot unless it is displaying a resident parking permit as issued by the police chief or his designee. (c) Violations of this section are punishable as provided in section 74-91. (Code 1982, § 1100.10(4); Ord. No. 05-17, § 1, 8-1-2005) PROPOSED (a) No vehicle shall be parked between 2:00 a.m. and 6:00 a.m. on Lowell and Jackson Avenues between Highway 10 and Main Street, on Main Street between Lowell Avenue and Highway 10, on Jackson Avenue between Highway 10 and 5th Street, and on Railroad Drive. (b) Violations of this section are punishable as provided in section 74-91. (Code 1982, § 1100.10(4); Ord. No. 05-17, § 1, 8-1-2005) S:\Council\Police\2007\parking 11-07(2).doc Sec. 74-99. Parking in municipal parking lots. CURRENT (a) The municipal parking lots along the Burlington Northern Railroad are designated for either commuter or public parking. (b) The posted employee parking area within the King Avenue parking lot requires employee vehicles to display parking permits as issued by the police chief or his designee. (c) Violations of this section are punishable as provided in section 74-91. (Code 1982, § 1100.10(8); Ord. No. 05-17, § 2, 8-1-2005) PROPOSED (Option I) (a) The municipal parking lots along the Burlington Northern Railroad are designated for either commuter or public parking. No permits are required to park in these lots. Where posted, time limits are enforced. (b) The posted employee parking area within the King Avenue parking lot requires employee vehicles to display parking permits as issued by the police chief or his designee. Employee parking permits are issued for an annual fee as listed in the City fee Schedule, and allow employees to park in the designated employee parking area on a first come, first served basis between 8:00 am and 6:00 pm, Monday through Friday. (c) After 6:00 pm and until 8:00 am Monday through Friday, and all day on weekends, the King Avenue parking lot is open to any and all parking. (With the exception of 74-102, "Snow Removal") (d) The north section of the King Avenue lot shall have seventeen (17) posted spots designated "Overnight Parking Only, Nov. 15-April 15" and nine (9) additional spots along the north section marked "Residential Parking Only-Permit Required 6pm-ham" for those residents of the "Special District" The Special District includes residences in the Brick Block, the Cinema Block and the Houlton Block. (e) These same spots will be posted "Employee parking only-permit required, M-F Sam-6pm" (d) Violations of this section are punishable as provided in section 74-91. (Code 1982, § 1100.10(8); Ord. No. 05-17, § 2, 8-1-2005) PROPOSED (Option II) (a) The municipal parking lots along the Burlington Northern Railroad are designated for either commuter or public parking. No permits are required to park in these lots. Where posted, time limits are enforced. (b) The posted employee parking area within the King Avenue parking lot requires employee vehicles to display parking permits as issued by the police chief or his designee. Employee parking permits are issued for an annual fee as listed in the City fee Schedule, and allow employees to park in the designated employee parking area on a first come, first served basis between 8:00 am and 6:00 pm, Monday through Friday. (c) Between April 16 and November 14 and after 6:00 pm and until 8:00 am Monday through Friday, and all day on weekends, the King Avenue parking lot is open to any and all parking. Between November 15t" and April 15t" each year, all overnight parking would be restricted to the posted are on the north side of the King Avenue lot. (With the exception of 74-102, "Snow Removal") (d) The north section of the King Avenue lot shall have seventeen (17) posted spots designated "Overnight Parking Only, Nov. 15 -April 15" and nine (9) additional spots along the north section marked "Residential Parking Only-Permit Required 6pm -Gam" for those residents of the "Special District" The Special District includes residences in the Brick Block, the Cinema Block and the Houlton Block. (e) These same spots will be posted "Employee parking only-permit required, M-F Sam - 6pm" (d) Violations of this section are punishable as provided in section 74-91. (Code 1982, § 1100.10(8); Ord. No. 05-17, § 2, 8-1-2005) S:\Council\Police\2007\pazking 11-07(2).doc Sec. 74-102. Snow removal parking. CURRENT (a) Parking restrictions. Public safety requires the rapid and efficient removal of snow or ice from city streets, public highways or other thoroughfares. No person shall stop, stand, or park any vehicle or permit it to stand on any street in the city between the hours of 2:00 a.m. and 6:00 a.m. on any day between November 15 and April 15. (b) Exceptions. Police cars, hearses, ambulances, and fire department vehicles and vehicles responding to emergency calls are excepted from the prohibition of subsection (a) of this section. Vehicles called. out for emergency repairs to electric light and power lines, telephone .lines, natural gas and sewer and water systems are also exceptions. (c) Removal of vehicles. The police department or authorized representative of the city is hereby authorized to remove such vehicle from the street or public parking lot and to store the vehicles for the owner thereof. The removal and storage charge shall be paid by the owner of such vehicle. (Code 1982, § 1100.16) PROPOSED (a) Parking restrictions. Public safety requires the rapid and efficient removal of snow or ice from city streets, public highways or other thoroughfares. No person shall stop, stand, or park any vehicle or permit it to stand on any street in the city between the hours of 2:00 a.m. and 6:00 a.m. on any day between November 15 and April 15. (b) King Avenue Parking lot Restrictions. Except for the signed and designated overnight and residential parking on the north side of the lot as described in section 74.99 subd. d, no other vehicle shall park in this lot between 2:00 am and 6:00 pm following the cessation of 1.5 or more inches of snowfall. If the snowfall ends after 6:00 pm on any given day, the parking restriction would apply the following day. (c) Police cars, hearses, ambulances, and fire department vehicles and vehicles responding to emergency calls are excepted from the prohibition of subsection (a) of this section. Vehicles called out for emergency repairs to electric light and power lines, telephone lines, natural gas and sewer and water systems are also exceptions. (d) Removal of vehicles. The police department or authorized representative of the city is hereby authorized in accordance with Minnesota State Statute 169.041 to remove such vehicle from the street or public parking lot and to store the vehicles for the owner thereof. The removal and storage charge shall be paid by the owner of such vehicle. (Code 1982, § 1100.16) S:\Council\Police\2007\parking 11-07(2).doc MINNESOTA STATUTES 169.041 TOWING AUTHORIZED. Subdivision 1. Towing authority. For purposes of this section, "towing authority" means any local authority authorized by section 169.04 to enforce the traffic laws, and also includes a private towing company authorized by a local authority to tow vehicles on behalf of that local authority. Subd. 2. Towing order required. A towing authority may not tow a motor vehicle from public property unless a peace officer or parking enforcement officer has prepared, in addition to the parking citation, a written towing report describing the motor vehicle and the reasons for towing. The report must be signed by the officer and the tow driver. Subd. 3. Four-hour waiting period. In enforcing state and local parking and traffic laws, a towing authority may not tow, or allow or require the towing of, a motor vehicle from public property for a parking or traffic violation until four hours after issuance of the traffic ticket or citation, except as provided in this section or as provided for an unauthorized vehicle in section 168B.04. Subd. 4. Towing allowed. A towing authority may tow a motor vehicle without regard to the four-hour waiting period if: (1) the vehicle is parked in violation of snow emergency regulations; (2) the vehicle is parked in a rush-hour restricted parking area; (3) the vehicle is blocking a driveway, alley, or fire hydrant; (4) the vehicle is parked in a bus lane, or at a bus stop, during hours when parking is prohibited; (5) the vehicle is parked within 30 feet of a stop sign and visually blocking the stop sign; (6) the vehicle is parked in a disability transfer zone or disability parking space without a disability parking certificate or disability license plates; (7) the vehicle is parked in an area that has been posted for temporary restricted parking (i) at least 12 hours in advance in a home rule charter or statutory city having a population under 50,000, or (ii) at least 24 hours in advance in another political subdivision; (8) the vehicle is parked within the right-of--way of acontrolled-access highway or within the traveled portion of a public street when travel is allowed there; (9) the vehicle is unlawfully parked in a zone that is restricted by posted signs to use by fire, police, public safety, or emergency vehicles; (10) the vehicle is unlawfully parked on property at the Minneapolis-St. Paul International Airport owned by the Metropolitan Airports Commission; (11) a law enforcement official has probable cause to believe that the vehicle is stolen, or that the vehicle constitutes or contains evidence of a crime and impoundment is reasonably necessary to obtain or preserve the evidence; (12) the driver, operator, or person in physical control of the vehicle is taken into custody S:\Council\Police\2007\pazking 11-07(2).doc and the vehicle is impounded for safekeeping; (13) a law enforcement official has probable cause to believe that the owner, operator, or person in physical control of the vehicle has failed to respond to five or more citations for parking or traffic offenses; (14) the vehicle is unlawfully parked in a zone that is restricted by posted signs to use by taxicabs; (15) the vehicle is unlawfully parked and prevents egress by a lawfully parked vehicle; (16) the vehicle is parked, on a school day during prohibited hours, in a school zone on a public street where official signs prohibit parking; or (17) the vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section 168B.011, and subject to immediate removal under chapter 168B. Subd. 5. Towing prohibited. Unless the vehicle is described in subdivision 4, a towing authority may not tow a motor vehicle because: (1) the vehicle has expired registration tabs that have been expired for less than 90 days; (2) the vehicle is at a parking meter on which the time has expired and the vehicle has fewer than five unpaid parking tickets. Subd. 6. Private property. This section does not restrict the authority of the owner of private property to authorize under chapter 168B the towing of a motor vehicle unlawfully parked on the private property. Subd. 7. Damages. The owner or driver of a motor vehicle towed in violation of this section is entitled to recover from the towing authority the greater of $100 or two times the actual damages sustained as a result of the violation. Damages recoverable under this subdivision include but are not limited to costs of recovering the vehicle, including time spent and transportation costs. History: 1989 c 256 s 1; 1990 c 503 s 1; 1992 c 580 s 1; 1994 c 536 s 19; 1995 c 137 s 10-12; 2005 c 56 s 1 168B.04 AUTHORITY TO IMPOUND VEHICLES. Subdivision 1. Abandoned or junk vehicles. Units of government and peace officers may take into custody and impound any abandoned or junk vehicle. Subd. 2. Unauthorized vehicles. (a) Units of government and peace officers may take into custody and impound any unauthorized vehicle under section 169.041. (b) A vehicle may also be impounded after it has been left unattended in one of the following public or private locations for the indicated period of time: (1) in a public location not governed by section 169.041: (i) on a highway and properly tagged by a peace officer, four hours; (ii) located so as to constitute an accident or traffic hazard to the traveling public, as determined by a peace officer, immediately; or (iii) that is a parking facility or other public property owned or controlled by a unit of S:\Council\Police\2007\paxking 11-07(2).doc government, properly posted, four hours; or (2) on private property: (i) that is single-family or duplex residential property, immediately; (ii) that is private, nonresidential property, properly posted, immediately; (iii) that is private, nonresidential property, not posted, 24 hours; (iv) that is private, nonresidential property of an operator of an establishment for the servicing, repair, or maintenance of motor vehicles, five business days after notifying the vehicle owner by certified mail, return receipt requested, of the property owner's intention to have the vehicle removed from the property; or (v) that is any residential property, properly posted, immediately. History: 1971 c 734 s 4; 1995 c 137 s 2; 2004 c 224 s S S:\Council\Police\2007\paxking 11-07(2).doc REQUEST FOR ACTION To Item Number Ci Council 5.3. Agenda Section Meeting Date Prepared by Administration November 5, 2007 Ter Maurer, Public Works Director Item Description Reviewed by Methodology for Continuing Downtown Parking Analysis and Lori ohnson, Ci Administrator Discussion of Upgrading the Parking Lot on North Side of Reviewed by TH 10 Action Requested The City Council is requested to discuss the proposed parking study methodology and give staff direction as to how to proceed with quarterly analysis of the parking need in the downtown area. Also, the City Council is asked to approve the attached resolution, entering into a Limited Use Permit with MnDOT for the use of TH 10 right of way for the purposes of parking along the north side of the highway. In addition, the Council is requested to give direction as to how staff should proceed with the potential upgrade of the parking area on the north side of TH 10. Background/Discussion We have reviewed the methodology utilized in the Carl Walker downtown parking study and have done a search on the Internet for other methods of parking analysis. It appears from our research that the methodology utilized in the Carl Walker report is appropriate for analyzing the parking in the downtown study. As a reminder what the Carl Walker study utilized was occupancy counts on an hourly basis and a turnover/duration study by use of a license plate survey. What we are proposing to do differently is to utilize these methods over athree-day period of Tuesday, Wednesday and Thursday to avoid Monday, which is typically the slowest day of the week, and Friday, which is the start of weekend traffic. Also, we would recommend that these parking analyses be done for the first year on a quarterly basis, starting in December to measure the holiday parking demand between Thanksgiving and Christmas, and then proceeding on a three-month basis in March, June, and September. We would propose to do the counts on the second full week of each of these months. We have done a cost estimate for reconstructing the deteriorated bituminous surface in the parking area north of Highway 10. The concrete curb and gutter in this parking area is in relatively good shape and can be salvaged. The bituminous surfacing is very deteriorated and will need to be removed and reconstructed. With the reconstruction of this, we are also proposing to close the driveway to the parking area closest to Jackson Avenue. We believe that this driveway location is too close to the intersection and has potential for safety concerns. We have estimated that the cost of reconstructing this area would be approximately $80,000.00. Lighting of the parking lot would be provided by the Elk River Municipal Utilities, who have agreed to reinstall the lights salvaged from the Deerfield 3rd project in this parking lot. As the Council maybe aware, the City owns a strip of land approximately 24 feet wide through this parking area. The remainder of the parking is actually occurring on MnDOT right of way. When we contacted MnDOT regarding the requirements they would have for the reconstruction of this parking area, it was discovered that the city currently does not have a Limited Use Permit with MnDOT for the use of the right of way for parking purposes. Therefore, MnDOT has put together the attached Limited Use Permit for adoption by the City Council. Attached is a resolution which approves the Limited Use Permit and authorizes the appropriate city signatures on the agreement. We would recommend City Council approval of the attached resolution. Staff is also looking for direction on how to proceed with the issue of reconstructing the bituminous surface in this parking area. Financial Impact The estimated cost to reconstruct the bituminous surface in the parking lot north of TH 10 is approximately $80,000. This amount of money could be moved from other items within the 2008 Street Capital Improvement Program. There is a line item in 2008 for land acquisition on the CSAH 33 alignment east of TH 169 for approximately $600,000. Monies could be moved from this line item to fund the reconstruction of the parking area, if the Council chooses. Attachments • Limited Use Permit • Resolution Approving the Limited Use Permit Action Motion by Second by Vote FOllow Up S:\Council\TerryM\2007\11 OS 07 DT Pazking lot No TH l0.doc STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT FOR PUBLIC PARKING AREA C.S. 7102 T.H. 10 County of Sherburne City of Elk River LUP # 7102009 !n accordance with Minnesota Statutes Section 161.434, a Limited Use Permit is hereby granted to City of Elk River, Permittee. This permit is far the purpose o€ constructing, maintaining, and operating a public parking area, {hereinafter called public parking facility), within the right of way of Trunk Highway No(s} . 10 as shown in red on Exhibit "A", which is attached hereto and incorporated herein by reference. This permit is executed by the Permittee pursuant to the attached resolution. !n addition, the fallowing special provisions shat! apply: SPECIAL PROVISIONS 1. The construction, maintenance, and operation of the public parking facility shall be at na expense to the Minnesota Department ofiTranspartation. 2. Before construction of any kind, the plans for such construction shall be approved in writing 6y the Minnesota Department of Transportation, through the District Engineer. 3. No permanent structure{s} or advertising device{s} in any manner, form or size shall be constructed, placed or permitted to be constructed or placed upon the State of Minnesota right of way. 4. No commercial activity or activities shall be allowed to operate upon said State of Minnesota right of way. 5, Any and a!I maintenance of the public parking facility shall be provided by the Permittee; this includes, but is not limited to, the plowing and removal of snow, and the installation and removal of regulatory signs. 6. This permit is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy said right of way. LUP -Public Water Acxess and Public Area Page 1 of 4 tU1004 'f 012312007 7. The Permittee shall preserve and protect al! utilities located on the lands covered by this permit at no expense to the Minnesota Department of Transportation and it shalt be the responsibility of the Permittee to call the Gopher State One Gall System at 1-800.252-1166 at least 48 hours prior to performing any excavation. 8. The Permittee shall construct, maintain, and operate the public parking facility at the location shown in the attached Exhibit "A" subject to verfication by the Minnesota Department of Transportation District Engineer that the construction geometries and procedures result in a public parking facility that 'ts compatible with the safe and efficient operation of the highway facility. 9. Approval from Minnesota Department of Transportation District Engineer shall be required for any changes from the approved plan. 10. Upon completion of the construction of the public parking facility, the Permittee shall restore ail disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. 11. This permit does not release the Permittee from any {lability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. 12. Any use permitted by this permi# shall remain subordinate to the right of the Minnesota Department of Transportation to use the property for highway and transportation purposes. This pem~it does not grant any interest whatsoever in land, nor does it establish a permanent park, recrea#ion area or wildlife ar waterfowl refuge facility that would became subject to Section 4 {f} of the Federal-Aid Highway Act of 1968. 13. This permit shall be subject to cancellation and termination by the Minnesota Department of Transportation, with or without cause, by giving the Permittee 90 days written notice of such intent. Upon said notice of cancellation the public parking factfity shall be removed within 90 days by the Permittee. Upon cancellation of said permit, or any portion thereof, the Permittee will be required to retum and restore the area to a condition satisfactory to the Minnesota Department of Transportation District Engineer. The removal of the public parking facility and the return and restoration of the area shall be at no cost to the Minnesota Department of Transportation and at the sole expense of the Permittee. 14. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions of Ti#le VI Appendix C of the Civil Rights Act of 1964, which provides in part that no person in the United States, shall on the grounds of race, color, or national origin, be excluded from, or denied use of any public parking facility. 15. The State of Minnesota, through its Commissioner of Transportation, shall retain the right to limit and/or restrict the parking of vehicles and assemblage of public parking LUP - Public Water Access and Public Area Page 2 of fi Ltt1004 1012312007 facility users on the highway right of way over which this permit is granted, so as to maintain the safety of both the motoring public and public parking facility users. 16. No assignment of this permit is allowed. 77. The Permittee shall.not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's righ# of way. In the event of spillage of regulated materials, the Permittee shalt provide far cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the safe expense of the Permittee. MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL By: District Engineer Date APPROVED BY: COMMISSIONER OF TRANSPORTATION say: Director, Office of Land Management Date The Commissioner of Transportation by the execu#ion of this permit eertifes that this permit is necessary in the public interest and that the use intended is for public purposes. CITY OF ELK RIVER By Date LUP -Public Water Access and Public Area Page 3 of 4 LU10D4 i 0/28/2007 ~.1"~'~ a~ ~~.K 'k 1 v ~Y ~a.~ t.. ~O1ZS i a7 ~• b ai ~ ~- h ~. ~ ~~ IQ . ~ 'n '~- ~ ~ ~ o ~b N ~ o° _" Fes' _. ~GLT k 11+1 c, L.O 7' E1C k~ ~'~ - Q e!~ ~.a'1 ~J Yi aL.S ~L'~~ 1 ~f 16ti1 RESOLUTION 07- A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION APPROVING A MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT TO UTILIZE TRUNK HIGHWAY 10 RIGHT OF WAY FOR PARKING PURPOSES WHEREAS, the City of Elk River owns a strip of land approximately 24 feet wide on the north side of Trunk Highway 10 west of Jackson Avenue, and this land is utilized for the purposes of additional parking area; and WHEREAS, to have enough land to utilize for parking, a portion of the Trunk Highway 10 right of way is also necessary to facilitate parking in this area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: 1. Limited Use Permit #7102009 (C.S. 7102TH10) for the use of Trunk Highway 10 right of way for public parking area is hereby approved. 2. The Mayor and City Administrator are hereby authorized to execute said permit on behalf of the City of Elk River. Passed and adopted this 5~' day of November, 2007. Stephanie Klinzing, Mayor ATTEST: Tina Allard, City Clerk S:\Resolutions\2007 Resolutions\Unappxoved\Resolution TH 10 parking.doc ~3: ~;~11~Clhuf ~1LiV1~~lu~ King Avenue Lot Parking Option II seems to limit overnight parking to the 26 spaces, year round, which I do not favor. (Consider the possibility of visitors, or if someone needs to leave his car because he spent too much time at Sunshine Depot or McCoys -they wouldn't have planned to park overnight) What about the following: 1. The 9 residents get employee permits (making sure we get phone numbers). 2. From April 16 -November 14 -unrestricted overnight parking -without permit. 3. Year-round three hour parking from 5 am to 6 pm (this makes it so overnight non- employee/resident parkers must be gone before 8 am). 4. Use a large removable (by the City) entrance sign at each entrance to the King Lot, such sign to state "No Overnight Parking (2 am - 5 am) Except in Designated Spaces." Put up the signs November 15th of each year (or sooner, if snow is expected to accumulate sooner) and remove them April 15th (or as otherwise decided). Let the decision about when to post /remove be in the discretion of the Streets department. 5. At the same time that the above signs are posted, post the 26 spots as "Overnight Pazking Permitted 2 am - 5 am." To the extent these spots are in the employee parking area (9+ spots), keep that restriction on (assuming there are still the majority that could be used by non- employees). When the signs (at #4) are removed, remove the 26 signs. 6. Use "Temporary No Parking-Snow Removal" signs when the 26 spot portion has to be cleared. Consider phoning owners of resident cars in the lot.