HomeMy WebLinkAbout09-06-2005 ITEM VIII-A-4CITY OF -K
AUBUR' N
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 5941 related to
Date:
Parking Permits
Department: Planning
Attachments: Ordinance No. 5941
Budget Impact:
ADA letter
Administrative Recommendation:
City Council to approve Ordinance No. 5941 to amend the Auburn City Code to allow the Mayor or his
designee to issue permits for parking in municipal off street parking lots and allow the Mayor to enter into
an agreement to allow the Auburn Downtown Association to administer a parking permit program for the
City.
Background Summary:
In order to improve on street parking and enhance the opportunity for customers to access downtown
stores they want to patronize, the Auburn Downtown Association has proposed a parking permit program
for BIA rate payers. To reduce the administrative burden on the City, the Auburn Downtown Association
has proposed assuming administrative responsibility for the program. The ADA would market the
program, issue permits, collect permit fees, maintain a list of those obtaining permits, and work with
parking enforcement to improve operation of the program. To cover administrative costs associated with
the program, the ADA would charge a permit fee of $10.00 per month with $7.00 of that amount
reimbursing the Downtown Association and $3.00 reimbursing the City.
The City would continue with its current enforcement practice of issuing citations for parking violations in
the lots, including permit violations. The City could include in its contract with the ADA responsibility for
towing violators from permitted spaces.
At their meeting on August 22, 2005, the Planning and Community Development Committee
recommended approval.
CC\ORD 5941
L0906-6
01.2, A1.10
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board ❑Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Norman Staff: Krauss
Meeting Date: September 6, 2005 1 Item Number: VIII.A.4
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August, 15, 2005
Pete Lewis, Mayor
City of Auburn
25 West Main
Auburn, WA 98001
Dear Mayor Lewis:
14 B Street, Suite B-1
Auburn, WA 98002
253.939.3982
fax: 253.939.2130
auburndt@Toxin ternet. net
I earlier proposed that the City of Auburn contract with the Auburn Downtown
Association to issue parking permits in the downtown municipal parking lots. Following
further consideration of the concept, the Auburn Downtown Association would like
provide a more detailed description of its operation of a downtown parking permit
program.
The ADA would assume administrative responsibility for issuing all general public
Permits in the downtown parking lots and collecting the permit fee. Permits would be
issued semi-annually and annually for a charge of $10 a month for each permit. The
Auburn Downtown Association would charge and administrative fee of $7.00 for each
permit issued per month.
Permits would be issued to an individual or business who would assume responsibility
for payment and loss. Businesses could provide permits to employees and individuals
could allow use of their permit by others of transfer the permit between vehicles.
The Auburn Downtown Association proposes that it issue 85 permits for the downtown
lots, excluding those at the Auburn Station Parking
Garage. The permitted spaces would
be divided accordingly:
Auburn Justice Center
10 spaces
The lot at West Main and D Streets
6 spaces
The lot at East Main and B Street NE
20 spaces
The lot North of Safeway
30 spaces
The lot at Ig Street SW and Division Street
13 spaces
The lot at West Main and A Street SW
6 spaces
Concerning the City controlled spaces in the Auburn Station Parking Garage; the ADA
proposes an administrative structure similar to that for the City surface lots. The ADA
would assume responsibility for issuing permits and collecting the fee for the permit.
Permits would be issued annually for a permit fee of $7.00. The ADA proposes that the
City of Auburn allow the ADA to issue 63 permits for the garage. Of this amount, 28
would be reserved for the Truitt Building and 6 for the tenants of the Auburn Station
Commercial Space. All permit parking in the garage would be restricted to the 6'", 5s' and
4te floors as needed. The Spaces would be allocated on the floors in the following
manner:
6m Floor:
56 Floor
4a' Floor
7 spaces
40 spaces
16 spaces
Permits allocated by the City for commercial space tenants and the New Truitt Building
would be issued by the ADA without a permit fee. The ADA proposes that it receive the
administrative fee for these permits as well.
For its part, the City would provide the appropriate signage for the permitted spaces and
enforce the permitted as well as time parking in the downtown surface lots and the
Auburn Station Parking Garage.
The Auburn Downtown Association suggests that the City dedicate the revenue received
from this program to a downtown promotions account. Such an account to be used to
support advertising benefiting the downtown or in concert with ADA promotions
intended to attract consumers to the downtown.
The justification for the administrative costs associated with implementation and
maintenance of the downtown permit parking program are attached.
John Rottle, President
Auburn Downtown Association
Debbie Luce, xecutive Director
Auburn Downtown Association
Start up cost for Parking Permits.
Letterhead and Envelopes for ADA Information Mailing.
Postage for Mailing
Labels
Permit Design
ADA Staff Time for Mailing
Ink for Printer
Answering calls about program, 1 hours a week
Time checking lots, 2 hours a week
Meeting with police & enforcement officer, 1 hour a week
New merchants and replacement of permits, 2 hours a week
Database Maintenance Fee, 1 hour a week
$120.00
40.00
17.00
25.00
80.00
49.00
$ 311.00
$100.00 per month
$180.00 per month
$100.00 per month
$180.00 per month
$ 90.00 per month
Program Marketing (includes personal contact, newsletter articles) $ 90.00 per month
Overhead $ 50.00 per month
Total per month $620.00
The cost for a permit that will not be easily copied and will not fall apart is about
$5.00 each. I think we can recover this cost by having a one time fee of 10.00 per
permit. If they lose the permit, I feel a $15.00 or even $20.00 fee can be applied.
The program must be sold first before the permits are ordered so that we only order
the proper amount.
After the initial start up I feel that $7.00 per permit per month is more than enough
to maintain the program. After the program becomes routine we can slide the
monthly fee to $5.00 per permit The numbers above are based on selling all 148
parking spaces. I have commitments for at least 40 spaces at this time. To keep
the cost in line we need to sell at least 60 permits.
ORDINANCE NO. 5 9 41
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTION 10.40.025 OF THE AUBURN CITY CODE
RELATING TO PARKING PERMITS
WHEREAS, the City's parking permit process has been reviewed; and
WHEREAS, the need for greater flexibility in the parking permit process
has been identified; and
WHEREAS, it is in the best interest of the City to allow management of the
City's permit process through contractually designated agents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That section 10.40.025 of
the Auburn City Code be and the same hereby is amended to read as follows:
10.40.025 Permit Parkinq Authorized.
10.40.020 in municipal off street parking facilities.
B. The Mayor may select an independent entity for complete or limited
in specific posted and marked municipal off street parking facilities.
C. At all times in all off-street parking facilities, it shall be unlawful for any
person to Dark in a permitted space without a parking permit that is
properly displayed and issued within the requirements of this chapter.
Ordinance 5941
August 31, 2005
Page 1
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 3. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Section 4. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
Ordinance 5941
August 31, 2005
Page 2
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO
Daniel B. H, d,
City Attorney
PUBLISHED
Ordinance 5941
August 31, 2005
Page 3
CITY OF AUBURN
BUSINESS PARKING PERMIT AGREEMENT
This Agreement is entered into by and between the City of Auburn Washington, a
municipal corporation ("City"), and the Auburn Downtown Association ("ADA").
WHEREAS, the City owns off-street parking facilities within the Auburn
downtown area; and
WHEREAS, the City currently provides long-term parking to certain tenants of
the Auburn Station and to the owner of the Truitt Building ( collectively, "Auburn Station
Permittees"); and
WHEREAS, the City desires to support downtown businesses by making
additional long-term parking available in City facilities through a fee-based Business
Parking Permit program; and
WHEREAS, the mission of the ADA is to promote prosperity and vitality in
downtown Auburn; and
WHEREAS, the ADA has agreed to administer the City's Business Parking
Permit program,
NOW, THEREFORE, in consideration of the mutual benefits and conditions set
forth below, the parties hereto agree as follows:
1. Parking Permit Program.
A. The City hereby establishes a Business Parking Permit program to
be administered by the ADA as set forth in this Agreement.
B. The Business Parking Permit program shall apply to the Auburn
Station Permittee parking spaces and those additional designated parking spaces
(collectively, "Permit Spaces") located at the Auburn Station and at the other municipal
off street parking facilities set forth in Exhibit A, attached hereto and incorporated by
reference (collectively, "Facilities").
C. A vehicle displaying a Parking Permit may be parked in any
Permit Space at any time of any day of the year.
D. The fee for a Parking Permit shall be one hundred twenty dollars
($120.00) annually. The ADA shall issue Parking Permits to the Auburn Station
Permittees at no charge. All Parking Permits shall expire on December 31 of each year.
The fee for permits purchased for a partial year shall be pro rated at ten dollars ($10.00)
per month, with the month in which a permit is issued being counted as a full month.
2. Scope of Services to be Performed by City.
A. The City shall post and mark the Facilities and Permit Spaces on or
before [date] and shall inform the ADA of completion of such posting and marking.
B. The City shall maintain all Facilities and Permit Spaces in keeping
with its normal parking lot maintenance procedures.
C. The City shall provide all parking enforcement for Facilities and
Permit Spaces.
D. The City shall provide the ADA with a list of the Auburn Station
Permittees.
3. Scone of Services to be Performed by ADA.
A. The ADA shall issue Parking Permits at its offices during the
ADA's normal business hours.
B. The ADA shall create Parking Permit mirror hangers with a
different colors for each year of issuance, the design of which shall be reviewed and
approved by the City prior to issuance.
C. As part of its permit sales program, the ADA shall provide permit
holders with information regarding the permit program and parking enforcement.
D. In performing such services, the ADA shall comply with all
federal, state, and local laws and regulations applicable to the performance of such
services.
4. Compensation and Method of Payment. The ADA shall retain seventy
percent (70%) of the fee from each non -Auburn Station Permittee permit issued to cover
its costs in administering the Business Parking Permit program. The remainder of each
permit fee shall be remitted to the City within one month of issuance. For each Auburn
Station Permittees permit issued, the City will pay seventy percent (70%) of the
otherwise applicable Parking Permit fee to the ADA within one month of receipt of
documentation acceptable to the City of the issuance of such permit.
5. Duration of Aereement. This Agreement shall be in full force and effect
for a period commencing upon execution and shall run for one year from that date. This
Agreement shall automatically renew upon the anniversary date of the date of execution
unless one party provides written notice of nonrenewal sixty (60) days or more prior to
the upcoming anniversary date.
6. Independent Contractor. The ADA and the City agree that the ADA is an
independent contractor with respect to the services provided pursuant to this Agreement.
The ADA will be solely responsible for its acts and for the acts of its agents, employees,
subcontractors, or representatives during the performance of this Agreement. Nothing in
this Agreement shall be considered to create the relationship of employer and employee
between the parties hereto.
7. Indemnification.
A. The ADA shall defend, indemnify, and hold the City, its officers,
officials, employees, and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the ADA, in performance of this Agreement, except to the extent that such
injuries and damage result from the negligence of the City.
B. The City shall defend, indemnify, and hold the ADA, its officers,
officials, employees, and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the City, in performance of this Agreement, except to the extent that such
injuries and damage result from the negligence of the ADA.
8. Insurance. [to be established]
9. Record Keening and Reporting.
A. The ADA shall maintain accounts and records, including the
number and type of permits issued, personnel, property, financial, and programmatic
records, which sufficiently and properly reflect all direct and indirect costs of any nature
expended and services performed pursuant to this Agreement. The ADA shall also
maintain such other records as may be deemed necessary by the City to ensure proper
accounting of all funds received by the City under this Agreement.
B. The foregoing records shall be maintained for a period of seven (7)
years after termination of this Agreement unless permission to destroy them is granted by
the Office of the Archivist in accordance with RCW Chapter 40.14 and by the City.
10. Audits and Inspections. The records and documents with respect to all
matters covered by this Agreement shall be subject at all times to inspection, review or
audit by the City during the performance of this Agreement.
11. Termination.
A. The parties reserves the right to terminate or suspend this
Agreement at any time for breach of any term of this Agreement upon thirty (30) days
prior written notice. Upon termination, the City may, at its discretion, continue the
Business Parking Permit program for any length of time it deems appropriate or terminate
the program upon refund of the permit fees to the permit holders.
B. This Agreement may be canceled immediately if the ADA's
insurance coverage is canceled for any reason, or if the ADA is unable to perform the
services called for by this Agreement.
C. This provision shall not prevent the City from seeking any legal
remedies it may otherwise have for the violation or nonperformance of any provisions of
this Agreement.
12. Discrimination Prohibited. The ADA shall not discriminate against any
employee, applicant for employment, or any person seeking the services of the ADA
under this Agreement, on the basis of race, color, religion, creed, sex, age, national
origin, marital status, or presence of any sensory, mental or physical handicap.
13. Assignment and Subcontract. The ADA shall not assign or subcontract
any portion of the services contemplated by this Agreement without the prior written
consent of the City.
14. Entire Agreement. This Agreement contains the entire agreement between
the parties, and no other agreements, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or bind either of the parties. Either party may
request changes to the Agreement. Changes which are mutually agreed upon shall be
incorporated by written amendments to this Agreement.
15. Notices. Notices to the City of Auburn shall be sent to the following
address:
[name]
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) ;
Notices to the ADA shall be sent to the following address,:
[List name, address, and telephone number]
16. Applicable Law; Venue; Attorneys' Fees. This Agreement shall be
governed by and construed in accordance with the laws of the State of Washington. In
the event any suit, arbitration or other proceeding is instituted to enforce any term of this
Agreement, the parties specifically understand and agree that venue shall be exclusively
in King County, Washington. The prevailing party in any such action shall be entitled to
its attorneys' fees and costs of suit, which shall be fixed by the judge hearing the case and
such fee shall be included in the judgment.
17. Severability. Any provision or part of this Agreement held to be void or
unenforceable under any law or regulation shall be deemed stricken and all remaining
provisions shall continue to be valid and binding upon the City and the ADA, who agree
that the Agreement shall be reformed to replace such stricken provision or part with a
valid and enforceable provision that comes as close as reasonably possible to expressing
the intent of the stricken provision.
CITY OF AUBURN, WASHINGTON ADA
Peter B. Lewis, Mayor
Date:
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Title:
Date: