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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 AUBURN *MORE THAN YOU IMAGINED i' T S Division Sl B St SE -11 N 6 Way S A Sl SE I TkANg-It R6 -B St SW 6 SIN ................ a.•..M..•. o.•...M .. t1 dM 04 •O�P�J♦ Oi•iei +iJiO�i 0.00•ii•4 r °i eiii i i • •4i0 iiS Oi+M04•iO�iiiii•O. riiiiii i iie i•� ii diA St SW rye••-..•.. ♦r. i' T S Division Sl B St SE -11 N 6 Way S A Sl SE 0 A_ 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: