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HomeMy WebLinkAboutAgenda_12-10-2008PARKING UTILITY COMMISSION DECEMBER 2008 AGENDA ITEMS Old Business PARKING FUND BALANCE At the Commission's meeting in November, there was discussion about how to address the long- term parking fund balance deficit. This was augmented by input received during the Common Council's review of the proposed 2009 budget for the Parking Utility. The following were major items identified as items on which city staff should take the lead: • Development of goals and objectives for the Parking Utility • Gather and analyze information on current usage of parking • Conducting a cost accounting of the Parking Utility, to properly identify all actual costs associated with running the Parking Utility • Examining the history of the Parking Utility, to highlight key decisions or events that have contributed to the Utility's current financial position Each of these issues will be examined in the next few meetings of the Parking Utility Commission. New Business APPROVAL OF JEFFERSON (400 BLOCK EAST) LOT RECONSTRUCTION PROJECT The Common Council approved the expenditure of $972,000 in the 2009 Capital Improvement Program for reconstruction of the Jefferson (400 Block East) Lot. The proposed reconstruction follows the initial plans provided to the Parking Utility Commission by the Department of Community Development. Reconstruction of the lot is being funded out of general city revenues and not the Parking Utility. Although the Parking Utility will not be funding this reconstruction project, it does impact the city's off-street parking. In conjunction with the planned reconstruction of Main Street in 2010, the reconstruction project will result in the merging of the existing Main Street Lot into the Jefferson Lot, with an attendant loss of some parking spaces. This project has been presented to the Commission on a couple of previous occasions earlier this year. The Commission has indicated its general support of the project concept. There have been no significant changes in the project concept over the last few months. Therefore, I recommend approval of this request. 2. APPROVAL OF REALLOCATION OF SPACES IN JEFFERSON (400 BLOCK EAST) LOT The concept for the reconstructed Jefferson Lot involves impacts on property owners on the east side of Main Street which will result in the loss of some existing parking spaces behind buildings. In order to secure the support of property owners for this project, the Downtown Oshkosh Business Improvement District (BID) has proposed to designate specific spaces within the Jefferson Lotto be used by specific property owners. Apart from the support of all the affected property owners, the project would not be able to proceed. Since the configuration and capacity of the parking lot will change with its reconstruction, there will be a need for the Commission to reconsider the allocation of parking throughout the entire parking lot. I expect that the results of the forthcoming parking utilization study will help in the Commission's assessment. In the mean time, it is necessary to designate monthly parking spaces, effective with the completion of the parking lot, as needed to initiate the project. I would like the Commission to approve the designation of a certain number of spaces for use by monthly permit holders, effective with the completion of the parking lot in late 2009. Discussion Items INITIAL FINDINGS OF PARKING UTILIZATION STUDY As promised, I will distribute some of the initial findings of the parking utilization study. I plan to provide a more complete report to the Commission at a future meeting. 2. DISCUSSION OF GOALS FOR PARKING UTILITY There are many key questions that need to be discussed with respect to establishing goals for the Parking Utility. I hope that we can discuss these enough to provide city staff with some initial direction on developing appropriate goals for the utility. Since the goals may involve a change in the ordinance (please see attached for reference), these will need to be reviewed by the Common Council as well. Is there still a role for the Parkin' Utility? This preliminary question must be considered both in light of the current role of parking in the city, as well as the original purpose of the utility and the role that city-maintained parking should play in the future of this city. I would argue that there is still a role for the Parking Utility for at least a couple of reasons: • The parking utility helps to manage the operations of city-owned parking areas. Without some management philosophy supported by appropriate enforcement, it is likely that there will be a misbalance of the use of parking which could adversely affect residents, customers and employees who currently depend on such parking. • The parking utility's assets are far less than its liabilities, meaning that dissolution of the utility would impose an immediate additional financial burden onto the city. • There are parts of the utility that may make revenue greater than costs. I've attached the memo prepared by former City Manager William Frueh about the purposes of the Parking Utility when it was created in the 1970s. Should the Parkin' Utility seek to be financially self-sufficient? Financial self-sufficiency is implied in Section 02-50(C)(1) of the municipal code. However, this is currently not the case. Parking utilities can be financially self-sufficient, but this may bring some other questions into discussion, such as: the need to identify and reimburse costs currently borne by other departments, such as enforcement and maintenance; the need to sell "under-performing" parking lots, either to other city departments or to non-city agencies; the need to increase the rates for metered and permit parking; and the potential restoration of metered parking in downtown and the Oregon Street business district. If the Utility does not seek to be financially self-sufficient, it is appropriate to identify what sort of financial return is expected. This might suggest that the Council should have a greater role in parking-related fiscal decisions than is outlined in the current ordinance. What authority does the Parkin' Utility wish to have on major capital decisions? This would include decisions such as purchase of land for new parking, construction or renovation of parking facilities, sales of parking facilities, etc. The Utility's authority on these decisions should likely relate to the level of financial commitment the Utility is able to make to these decisions. It is also likely important that these decisions reflect a collaborative effort between the Parking Utility and other interested parties, such as the Downtown BID Board, and City departments, such as Public Works, Community Development, Police and Finance. What is the geographic area of the Parkin. Utility's responsibility? The focus has been on the downtown area (see Section 02-50(B)(1)). Should this be modified to include the Oregon Street business district, other commercial districts, and/or the University? What level of enforcement does the Parkin' Utility wish to have? Increased enforcement brings increased revenues, but it can also bring increasing complaints and may, in some cases, discourage people from using city-maintained parking (whether on-street or off-street). City of Oshkosh -Department of Community Development MEMORANDUM TO: Chris Strong FROM: Susan Kepplinger DATE: December 1, 2008 RE: 400 East Parking Lot With the recent Common Council approval of the 400 East Parking Lot Project, we need to take the necessary steps to move the project forward. On behalf of the Downtown Oshkosh Business Improvement District (BID) Board we are requesting that the Parking Utility approve the provision of parking spaces for each building address where a property owner adjacent to the 400 East Lot is giving up private parking spaces in order to provide public access to the east entrances of their properties. There are 15 addresses that will be impacted by this project. Between them, there are over 20 parking stalls on these parcels. Some addresses have no parking and some have room for 4 or 5 cars. Generally, the private parking area is used by business owners and employees and for the storage of dumpsters. There are no common dumpster storage areas. The project design calls for the elimination of the existing alley and elimination of outside private parking between the alley and the east walls of the buildings. Two properties have garages, which still will be able to be used. BID Board members and staff from the Oshkosh Area Economic Development Corporation, as well as City staff, held meetings with the affected property owners who would be losing spaces as a result of the Project, and as a result of those meetings, and numerous one-on-one discussions with the owners, an approach was developed to address the need for owners to give up their private parking spaces. The approach that has been generally agreed to by the property owners would be as follows: In consideration for the permanent loss of private parking spaces, the owners of up to 14 properties will give up their spaces based on the City providing one parking stall per each building address for a period of 15 years, with permits issued on a no fee basis during this period. • In consideration for the permanent loss of private parking spaces, the owner of 454 and 456 North Main will give up her spaces based on the City providing one parking space per address for as long as the owner resides on the second floor of these properties with permits issued on a no fee basis during this time frame. The property owners who are agreeing to give up their private spaces will be providing permanent public access easements to the City relative to the public's access to the rear of the affected properties. September 16, 1976 TO: THE OSHKOSH COMMON COUNCIL FROM: WILLIAM D. FRUEH, City Manager SUBJECT: RECOMMENDATION REGARDING THE ESTABLISHMENT OF A PARKING UTILITY COMMISSION I. GENERAL Public parking is a system which is necessary to perpetuate the viability of a Central Business District designed and constructed before the popularity of the motor car. Because of the close proximity of business establishments, common parking must be provided to save many surrounding businesses. Therefore, a parking system is vital to the Downtown of a community. Parking within the Central Business District is also a primary concern to residents within the community. Citizens, especially those that are most affected by the Parking Utility, are limited in the amount of direction they can provide the present operations and future plans. Only through occasional statements made at public hearings, and occasional contacts with City administration or Common Council members, has input been received. The formation of a Parking Utility Commission will provide a membership of citizens most affected by the parking system. Oversight and direction will be constant, as the membership would be required to meet on a periodic basis. Another concern has been the financial aspects of the Parking Utility. Various Parking Utility accounts are presently within the City budget, however, there is no clear-cut break between the use of funds for general city purposes and strictly parking purposes. The creation of a Parking Utility Commission would facilitate the establishment of a "Parking Utility Fund" that would be totally independent from other financial activities of the City. Attention, in this way, will be focused on the financial activities of our parking system, and will further strengthen our financial accountability within the system. II. ESTABLISHING A PARKING UTILITY COMMISSION The creation of a Parking Utility Commission would parallel the broad objectives of the recently established Tourism & Convention Commission: A. To stimulate interest in a specific activity within the City. B. To involve citizens most affected by the activity, through the estab- lishment of a Commission membership of citizens. C. To separate the financial activities of the Commission from the general financial activities of the City. The concept of creating a Commission has already been implemented by the cities of Appleton and Green Bay. The proposed Commission for the City of Oshkosh would take one step further than these cities, by specifically delineating and limiting powers of the Commission. The paramount limitation placed on the Commission is the requirement that the Common Council provide approval before any authorization to borrow money, issue bonds, or refinance debt for off-street, on-street, and parking ramp facilities. In addition, the City would retain the power to establish meter and ticket rates, to exercise police power, to repair and improve existing parking facilities, and to acquire ownership of property and make improvements theron. These limitations are cited in the proposed ordinance that is attached. Existing assets and liabilities would be transferred from the City to the Parking Utility Commission under the authorization of the Common Council. The Common Council will have the benefit of built-in safeguards, including a separate revenue account called the "Parking Utility Fund,'1 and audit of said fund, and an annual submittal of a proposed budget showing all revenues and expenditures. III. FINANCING - REVIEW OF EXISTING DEBT The parking system liabilities are presently financed by the following short-term notes: Payments Due (Principal & Interest) Date of Date of Annual 1976 1977 1978 1979 Issue Payment 1968 Nov. 1 $36,910 $35,607 $34,304 -0- 1971 July 1 $29,407 $27,938 $26,469 -0- 1975 Dec. 1 $ 8,013 $ 8,020 $ 8,020 $20,520 Date of 1980 1981 1982 1983 1984 Issue 1968 -0- -0- -0- -0- -0- 1971 -0- -0- -0- -0- -0- 1975 $24,900 $24,000 $23,060 $22,080 $21,060 The creation of a Parking Utility Commission would facilitate a refinancing, a rescheduling of existing financial obligations of the City, at a potentially low interest rate, with a lesser annual obligation being devoted to Debt Service payments. The downtown banking establishments are one of the primary beneficiaries of existing parking facilities and would, therefore, have a special interest in refinancing the existing debt at the lowest possible interest over a more extended period. IV. CONCLUSION The establishment of a separate "Parking Utility Commission" can facilitate a greater citizen input in an increased financial accountability on the operations of the City parking system. Virtually complete control is retained by the Common Council, while the Commission has the flexibility to make a wide range of recommendations to the Council, and to implement the Council's decisions. The implementation of the decisions of the Council such as assuming financial obligations, would be facilitated by the Wisconsin State Statutes, Section 66.079. It is recommended that the Common Council authorize and direct the City staff to prepare the necessary legal documents to create the Parking Utility Commission. SECOND READING # 13 ORDINANCE (CARRIED LOST LAID OVER WITHDRAWN ) A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 2-66 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO THE CREATION OF A PARKING AUTHORITY. WHEREAS, Section 66.079 of the Wisconsin Statutes provides for the information of a parking system, and WHEREAS, it is deemed to be in the best interest of the City of Oshkosh to establish a parking system, and WHEREAS, the governing body of the parking system shall be called a "Parking Utility Commission", and WHEREAS, the primary purpose of the "Parking Utility Commission" shall be to serve in an advisory capacity to the Common Council, NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 2-66 of the Oshkosh Municipal Code pertaining to the "Parking Utility Commission" is hereby created to read as follows: SECTION 2-66. Parking Utility Commission There is hereby created a City Parking Utility Commission, hereafter referred to as the "Commission" with powers, duties, and qualifications set forth in following subsection: (a) The Commission shall consist of four (4) citizen members, one Council Member, the City Manager, and the City Director of Adminis- tration. The City Manager shall serve as the Commission Manager and the City Director of Administration shall serve as Commission Secretary; the Manager and the Secretary of the Parking Commission shall not have voting privileges. (b) The City Manager shall appoint, subject to confirmation by the Common Council, the four (4) citizen members. Initially, there shall be appointed two (2) for three (3) years; two (2) for two (2) years; and one (1) Council Member for one (1) year. The City Manager and Director of Administration shall serve on a permanent basis. Members of the Commission shall receive no compensation. (c) The Commission shall have jurisdiction over metered and other off- street parking, metered on-street parking and parking ramp(s). Matters concerning the removal of on-street parking meters) in the interest of safety and/or for intersectional traffic flow) shall be under the jurisdiction of the Traffic Review Board. (d) The Commission shall study and recommend to the Common Council all matters involving meter rates, rental rates, ticket fines, acquisition plans, improvement plans, and methods of financing. (e) The Commission shall, upon prior approval of the Common Council, have the power to borrow money, issue bonds, and re-finance existing obligations for the construction, maintenance, and operation of parking facilities. (f) The Common Council shall retain the power: (1) To establish meter, rental, ticket and miscellaneous rates. (2) To exercise police powers. (3) To maintain, repair, and improve existing parking facilities. (4) To acquire ownership of real or personal property and make improvements thereon. (5) To provide final approval prior to the Commission borrowing money, issuing bonds, re-financing existing obligations, and assuming all other forms of indebtedness, except as stated in Section (g). (g) The Commission shall have the power to obtain an option(s) not to exceed $1,000 and to obtain related appraisals; and the Authority shall have the power to enter into lease agreements for parking facilities in an amount not to exceed the yearly tax levy for the parcel. (h) The Commission shall meet on a regular basis and keep a written record of all proceedings and copies of the minutes shall be forwarded to the Common Council. (i) The Commission shall reimburse the City from Parking Utility Fund for all expenditures necessary to operate off-street, on-street and parking ramp(s) facilities. (j) All utility expenditures shall be audited annually. (k) The Commission shall, on or before October 15 of any year, submit a budget showing all revenues and expenditures. SECTION 2. That Section 2-67 of the Oshkosh Municipal Code pertaining to "Parking utility Fund Established" is hereby created to read as follows: Sec. 2-67. Parking Utility Fund Established. There is hereby established a separate and distinct fund to be known as the Parking utility Fund. Said fund shall receive all revenue generated by the parking meters, rental of parking spaces and forfeitures paid prior to court action. SECTION 3. This ordinance shall be in full force and effect from and after its passage and date of publication. RESOLUTION #1-77 A RESOLUTION ESTABLISHING THE BY-LAWS OF THE OSHKOSH PARKING UTILITY COMMISSION OF Oshkosh, Wisconsin BE IT RESOLVED BY THE COMMISSION OF THE OSHKOSH PARKING UTILITY COMMISSION OF THE CITY OF OSHKOSH, WISCONSIN: Section 1. That the By-Laws of the Oshkosh Parking Utility Commission be, and are hereby, established as follows: BY-LAWS Arti rl e T Section 1. Name The name of the Commission shall be the Oshkosh Parking Utility Commission. Section 2. Office of Utility Commission The office of the Utility Commission shall be at the proper place in the City of Oshkosh as the Trustees shall designate from time to time. Article II --- Officers Section 1. Officers The officers of the Utility Commission shall be a Chairman, a Vice Chairman, Secretary and Treasurer. Section 2. Chairman The Chairman shall preside at all meetings of the Parking Utility Commission. Except as otherwise authorized by resolution of the Utility Commission, the Chairman shall sign all contracts, deeds, and other instruments made by the Utility Commission. At each meeting the Chairman shall submit recommendations and information as he may consider proper concerning the business, affairs, and policies of the Utility Commission. Section 3. Vice Chairman The Vice Chairman shall perform the duties of the Chairman in the absence or incapacity of the Chairman; and in case of the resignation or death of the Chairman, the Vice Chairman shall perform such duties as are imposed on the Chairman until such time as a new Chairman shall have been appointed. Section 4. Secretary The Secretary shall keep minutes of all meetings of the Commission, and shall maintain complete and accurate records of all their financial transactions, all such minutes, books and records to be placed on file in the office of the Commission. All meetings of the Commission shall be open to the public, except for closed sessions properly held pursuant to 66.77 of the Wisconsin Statutes. The books, records, and minutes of the Commission shall be considered as public records and available for inspection at all times by any interested party. The Director of Administration of the City of Oshkosh shall also act as Secretary of the Oshkosh Parking Utility Commission. Section 5. Treasurer The person who shall be the City Treasurer of the City of Oshkosh shall also act as Treasurer of the Oshkosh Parking Utility Commission. Section 6. Manager The person who shall be the City Manager of the City of Oshkosh, shall also act as Manager of the Oshkosh Parking Utility Commission. The Manager shall administer the business of the Parking Utility Commission as directed from time to time by the Parking Utility Commission members. Section 7. Additional Duties The Officers of the Parking Utility shall perform such other duties and functions as may from time to time be required by the Parking Utility Commission or by By-Laws or rules and regulations of the Utility Commission. Section 8. Election or Appointment The Chairman and Vice Chairman shall be elected from the duly appointed members of the Utility Commission. The Chairman and Vice Chairman shall serve terms of one (1) year, beginning February 1 of each calendar year or until a successor is named. Section 9. Vacancies Should the office of the Chairman or Vice Chairman become vacant, the Parking Utility Commission shall elect a successor from its membership at the next meeting, and such election shall be for the unexpired term of said office. Article III Section 1. Annual Meeting The annual meeting of the Commission shall be held on the first regular meeting after February 1st. Section 2. Regular Meeting Regular meetings shall be held on the second Wednesday of each month at 4:00 p.m. in the Oshkosh City Hall. Section 3. Special Meetings The Chairman of the Utility Commission may, when he deems it expedient, and shall, upon the written request of two (2) members of the Utility Commission, call a special meeting of the Commissioners for the purpose of transacting any business designated in the call. The call of a special meeting maybe delivered to each member of the Utility Commission or may be mailed to the business or home address of each member of the Utility Commission at least two (2) days prior to the date of such special meeting. At each special meeting no business shall be considered other than as designated in the call; however, if all of the members of the Utility Commission are present at a special meeting, any item of business, whether or not designated in the call, may be transacted by and with their unanimous consent. Section 4. Quorum The powers of the Utility Commission shall be vested in the members thereof in office from time to time. Three members shall constitute a quorum for the purposes of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Utility Commission upon a favorable vote of at least three (3) members present. Section 5. Order of Business At the regular meeting of the Utility Commission, the following shall be the order of business. 1. Roll Call 2. Reading and approval of the minutes of previous meeting 3. Bills and Communications 4. Report of the Manager 5. Report of Committees 6. Unfinished Business 7. New Business 8. Adjournment Section 6. Manner of Voting The voting of all questions coming before the Utility Commission shall be by roll call, and the Aye's and Nay's shall be entered upon the minutes of such meeting. Z~rti rl c T\T Section I. Amendments to By-Laws The By-Laws of the Utility Commission may be amended with the approval of at least three (3) of the members of the Utility Commission at a regular or a special meeting. Except by unanimous consent of all the members, no proposed amendment to the By-Laws shall be voted upon until the same shall have been reduced to writing, filed with the Secretary, and read at the regular meeting immediately preceding the meeting at which the same is voted upon. Some selections of Oshkosh Municipal Codes pertaining to parking Copied from on-line version of municipal codes on November 20, 2008 SECTION 2-50 PARKING UTILITY COMMISSION (A) Membership and Terms. The Commission shall consist of five (5) members, one of whom shall be a city council member. The Transportation Director or designee shall serve as the Commission Coordinator and shall not have voting privileges. Citizen members shall serve for a term of 3 years and the council member shall serve for a term of one (1) year. (B) Duties and Responsibilities (1) The Commission shall have jurisdiction over metered and other off-street parking, metered on-street parking, formerly metered parking in the downtown area, and parking ramp(s). Matters concerning the removal of on-street parking meters, in the interest of safety and/or for intersectional traffic flow, shall be under the jurisdiction of the Traffic Review Board. (2) The Commission shall study and recommend to the Common Council all matters involving meter rates, rental rates, ticket fines, acquisition plans, improvement plans, and methods of financing. (3) The Commission shall, upon prior approval of the Common Council, have the power to borrow money, issue bonds, and re-finance existing obligations for the construction, maintenance, and operation of parking facilities. (4) The Common Council shall retain the power: (a) To establish meter, rental, ticket and miscellaneous rates. (b) To exercise police power. (c) To maintain, repair, and improve existing parking facilities. (d) To acquire ownership of real or personal property and make improvements thereon. (e) To provide final approval prior to the Commission borrowing money, issuing bonds, refinancing existing obligations, and assuming all other forms of indebtedness, except as stated in Section (5). (5) The Commission shall have the power to obtain an option(s) not to exceed $1,000 and to obtain related appraisals; and the Commission shall have the power to enter into lease agreements for parking facilities in an amount not to exceed the yearly tax levy for the parcel. (C) Fiscal Responsibility (1) The Commission shall reimburse the City from Parking Utility Fund for all expenditures necessary to operate off-street, on-street and parking ramp(s) facilities. (2) All utility expenditures shall be audited annually. (3) The Commission shall, on or before October 15 of any year, submit a budget showing all revenues and expenditures. SECTION 27-38 CITY MANAGER TO CONTROL METERS The City Manager may cause the installation of meters on streets and within designated areas, and may cause the removal of any meters heretofore or hereafter installed, all without further action by the Common Council; the City Manager shall, however, report to the Council for confirmation of action so taken. SECTION 27-42 USE OF METER REVENUE (A) For parking facilities. The net revenue resulting from the operation of said parking meters after the deduction of the original cost, cost of replacements, repairs and surety bond as hereinbefore provided, and cost of collection, enforcement and administration, shall be placed in the parking utility fund, the purpose of which fund shall be to make provisions for off street parking lots; said fund to be used for said purpose as the Council may from time-to-time direct. Any unexpended balances in said fund are not to become part of the General Fund of the City and the City Treasurer shall keep a separate bank account thereof so that funds are not commingled with other City funds. All earnings, upon investment of said fund, shall when received be and constitute an addition to the fund. However, any advances made from the General Fund to provide for street parking by lots purchased or other method of acquisition of parking sites, pending the accumulation of sufficient receipts from the operation of the parking meters herein authorized to provide such parking sites, shall be reimbursed out of the parking utility fund when sufficient moneys accumulate therein. (B) Parking meter revenues enacted as a police power ordinance. The payment of the sums required to be deposited in said meters is hereby levied as a police regulation and inspection fee to cover the cost of providing parking spaces, parking meters, and installation and maintenance thereof; the cost of regulation and inspection, operation, control and use of the parking meter spaces in zones created herein; for the regulation and control of traffic moving in and out of and parking in said spaces and zones so created; and for the cost of any resultant traffic administration expense.