Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 132--S.F.No. 664
           An act relating to the city of St. Cloud; authorizing 
          the creation of a downtown parking district; providing 
          for its finances. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [DEFINITIONS.] 
    Subdivision 1.  For the purpose of sections 1 to 7, the 
terms defined in this section have the following meanings.  
    Subd. 2.  "Downtown parking district" means a geographic 
area within the city of St. Cloud, the boundaries of which shall 
be established by city ordinance.  
    Subd. 3.  "Automobile parking facilities" include lots, 
lands, garages, ramps, and other structures and accessories used 
or useful for parking automobiles and other motor vehicles, and 
meters and other devices for collection of parking charges.  
    Subd. 4.  "Parking service fee" means a pecuniary liability 
imposed upon persons owning property located in the downtown 
parking district or otherwise benefiting from the availability 
of automobile parking facilities within the district.  
     Sec. 2.  [ESTABLISHMENT OF DISTRICT.] 
     The governing body of the city of St. Cloud may adopt an 
ordinance creating a downtown parking district in which it may 
acquire, construct, contract for, or otherwise provide, equip, 
maintain, and operate automobile parking facilities.  The 
boundaries of the downtown parking district may be changed by 
ordinance.  
     Sec. 3.  [ADVISORY COMMISSION.] 
     The governing body of the city shall appoint an advisory 
commission to advise the governing body regarding the 
acquisition, construction, and operation of automobile parking 
facilities within the downtown parking district established 
pursuant to section 2.  Seventy-five percent of the members of 
the advisory commission shall be owners of property located 
within the downtown parking district or their representatives.  
     Sec. 4.  [PARKING SERVICE FEES.] 
     Subdivision 1.  The governing body of the city may impose 
parking service fees upon persons owning property within the 
downtown parking district at a rate or amount sufficient to 
produce the revenues required to provide and operate automobile 
parking facilities within the district.  Rates or amounts to be 
charged to individual owners shall be apportioned on a 
combination of factors, including but not limited to use and 
square footage.  
     Subd. 2.  Before the first imposition of parking service 
fees in the district, a public hearing shall be held on the 
proposed fees.  Notice of the hearing, which shall include the 
maximum proposed rate or amount of parking services fees to be 
imposed in any year and the number of years they may be imposed, 
shall be given by publication in two issues of the official 
newspaper of the city.  The two publications shall be a week 
apart and the hearing shall be held at least three days after 
the last publication.  Not less than ten days before the 
hearing, notice shall also be mailed to the owners of property 
within the downtown parking district.  For the purpose of giving 
mailed notice, owners shall be assumed to be those shown on the 
records of the county auditor, but other appropriate records may 
also be used.  Every property owner whose name does not appear 
on the records of the county auditor shall be deemed to have 
waived mailed notice.  For properties which are tax exempt or 
subject to taxation on a gross earnings basis in lieu of 
property tax and are not listed on the records of the county 
auditor, the owners shall be ascertained by any practicable 
means.  
     Subd. 3.  Within six months of the public hearing and after 
the advisory commission has had an opportunity to review and 
comment on the proposed fee schedule, the governing body may 
adopt a resolution fixing maximum parking service fees within 
the downtown parking district not exceeding the rate or amount 
expressed in the notice required by subdivision 2.  
    Subject to the limits provided in the resolution, parking 
service fees may then be imposed without additional hearings. 
Fees may not be extended or imposed at a higher rate or amount 
or for a longer period than that specified in the resolution. 
Fees may be increased to a rate or amount greater than that in 
the resolution or the period specified may be extended if notice 
is given and a new public hearing is held in accordance with 
subdivisions 2 and 3.  
    Subd. 4.  Property exempt from taxation by Minnesota 
Statutes, section 272.02, shall be subject to the parking 
service fees imposed pursuant to sections 1 to 7.  
     Subd. 5.  The fees shall be collected as provided by 
ordinance.  
     Sec. 5.  [BONDS.] 
    At any time the governing body of the city of St. Cloud may 
issue obligations in the amount it deems necessary to defray in 
whole or in part the expense incurred and estimated to be 
incurred to make improvements to automobile parking facilities, 
including every item of cost from inception to completion and 
all fees and expenses incurred in connection with the 
improvement or its financing.  The obligations shall be payable 
primarily out of the proceeds of the parking service fees 
imposed pursuant to section 4.  The governing body may, by 
resolution adopted prior to the sale of obligations, pledge the 
full faith, credit, and taxing power of the municipality to 
assure payment of the principal and interest if the proceeds of 
the parking service fees in the district are insufficient to pay 
the principal and interest.  Obligations shall be issued in 
accordance with Minnesota Statutes, chapter 475, except that an 
election shall not be required and the amount of the obligations 
shall not be included in determining the net indebtedness of the 
city under any provision of law or charter limiting indebtedness.
    Sec. 6.  [SPECIAL ASSESSMENTS.] 
    The governing body may also levy special assessments as 
provided in Minnesota Statutes, chapters 429 and 459 against 
properties located in the downtown parking district specifically 
benefited by improvements to automobile parking facilities.  
    Sec. 7.  [DOWNTOWN PARKING AUTHORITY.] 
    The governing body may establish by ordinance a local 
authority to govern and oversee the operation of the downtown 
parking district and the use of parking service fees and to 
otherwise discharge the duties which the governing body is 
charged with in sections 4 and 5.  
    Sec. 8.  [LOCAL APPROVAL.] 
    This act takes effect the day after compliance with 
Minnesota Statutes, section 645.021, subdivision 3, by the 
governing body of the city of St. Cloud. 
    Approved May 12, 1983