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HomeMy WebLinkAbout10-412DECEMBER 28, 2010 10 -412 RESOLUTION (CARRIED so LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF POLICY FOR RESERVING PARKING UTILITY LOTS INITIATED BY: PARKING UTILITY COMMISSION WHEREAS, the City of Oshkosh Parking Utility is responsible for managing numerous parking facilities for the common good, and WHEREAS, the City receives requests from time to time to reserve portions or the entirety of specific parking facilities in a manner which may serve the common good but may restrict the use of these parking areas by other people, and WHEREAS, the Parking Utility Commission wishes to consider these requests in an equitable and expeditious manner; NOW, THEREFORE, BE IT RESOLVED BY the Common Council of the City of Oshkosh 1) That the attached policy for reserving lots under the Parking Utility's jurisdiction is adopted, effective January 1, 2011 in substantially the same form as attached hereto. The proper city officials are authorized to make minor changes to the policy as necessary and any such changes are deemed approved. The proper city officials are further authorized and directed to implement to take those steps necessary to implement the policy. 2) That all requests to reserve Parking Utility lots after January 1, 2011 must comply with the terms and conditions of this policy. 3) That any requests to reserve parking lots which have been granted prior to January 1, 2011 will be honored, even if they do not follow this policy. of Oshkosh - empsey tion Department WI 54902 (920) 1 MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Christopher Strong, P.E., Director of Transportation DATE: December 21, 2010 4 OHKOH ON THE WATER RE: APPROVAL OF POLICY FOR RESERVING PARKING UTILITY LOTS Background In January 2010, the Parking Utility Commission approved a resolution at its January 2010 meeting to support of Waterfest, Inc.'s use of the Riverside Lot for the 2010 Waterfest summer concert series. The Commission specifically considered this request, as it restricted public use of the lot during these times. While Commission members supported this use, there was concern that the Utility lacked a consistent framework for considering requests that would disrupt the normal public use of municipal parking lots. In order to respond to these requests equitably, the Transportation Department developed a policy for these requests. The policy is intended to provide a consistent process for applicants to submit requests and for review of these requests. It is intended to provide some flexibility so that requests with minimal impact can be dealt with quickly, while those with more substantive impacts will need review and approval by the Commission. This policy, in its amended form, was approved by the Parking Utility Commission at its November 2010 meeting. Analysis The proposed policy consists of two major sections: 1) defining the process by which requests are received, and 2) describing how these requests are considered. The focus of the section describing the process is provide an open, flexible way for requests to be transmitted to the Transportation Department. The intent is for the Department to receive all information that is necessary to either evaluate the request or prepare the request to be considered by the Parking Utility Commission. The second section provides a tiered approach for evaluating requests. The idea behind the tiered City of Oshkosh — Department of Transportation Approval of Policy for Reserving Parking Utility Lots approach is that smaller requests can be approved with cursory review in a short duration of time, while larger requests will require a review of the Parking Utility Commission. Staff considered whether it was appropriate to combine this process with the special event process. Staff concluded that it was not appropriate to do so, since most special events will not require restricting public access to Parking Utility lots; and many requests to restrict public access to Parking Utility lots (such as parking a construction dumpster) will not require a special event permit. Fiscal Impact No fees are associated with submitting requests to reserve parking lots. It is expected that the creation of this policy will not result in a significant increase of staffing resources directed toward the Parking Utility. The requestor may request the use of parking lots at a discounted rate compared to normal parking rates. As a part of its review process, the Parking Utility may agree to this reduction in parking rates. This would result in lost revenue to the Parking Utility. Based on past experience, the largest requests of this nature have involved using lots "after hours ", when the Utility would typically collect little or no revenue from parking activity. Most other requests are relatively infrequent, so it is anticipated that this policy would have a relatively small, if any, effect on revenues. The policy includes language which requires the requestor to bear the costs for repair associated with their restricted use of the lot, such as if the requestor pounds tent stakes into the asphalt. In the long -term, this should help to protect the City against higher costs associated with these uses. Recommendation The Transportation Department recommends the Common Council approve this resolution to enact this new policy for reserving Parking Utility lots. Please contact me if you have any questions. City of Oshkosh — Department of Transportation for Reserving Parking Utility Lots City of Oshkosh Policy for Reserving Parking Utilijy Lots The Parking Utility manages a variety of surface parking lots in downtown Oshkosh and near the Oregon Street business district. In some cases, individuals or organizations may be interested in reserving a portion or the entirety of one or more lots for a period of time. These requests may be beneficial to the City as a whole even if they would not comply with ordinances governing the duration of and payment for parking within these lots. The purpose of this policy is to provide a process by which such requests are to be made, and to define criteria for how such reservations would be acted upon. Process for Requesting Reservations of Parking Utility Lots 1) This process encompasses all requests to reserve certain spaces or portions of municipal parking lots apart from the normal methods of leasing and payment and /or beyond the time restrictions associated with those spaces. 2) Any requests to reserve parking in a City lot, apart from the normal methods of leasing spaces and using permit parking, are to be directed to the Director of Transportation. The applicant must provide sufficient detail on the reservation request to assess the impact of the requested reservation on the ability of the parking lot to be used for its normal purposes now and in the future. The request should include: the name and contact information of an applicant, an event name, the reason for the request, the dates and times for which the reservation is requested, the type of use for the lot, the nature of vehicle /pedestrian traffic that will use the area, and similar information. 3) The Director of Transportation or his/her designee will incorporate the information provided by the requestor into a form, which will be forwarded to the requestor for signature. If the reservation request is granted, this form will subsequently serve as a legal agreement between the applicant and the City. Under the terms of this agreement, the applicant will be held responsible for damages and repairs to the parking lot that are associated with its use of the lot. 4) If the request involves use of the parking lot which differs from customary use, the applicant may be required to demonstrate proof of insurance. Examples of this include, but are not limited to, vehicles which exceed weights typical of passenger cars or light -duty trucks, and anything which digs into the surface of the pavement. 5) The City is not required to submit requests for any activities related to routine lot maintenance, including but not limited to parking lot pavement marking and snow plowing. The City is required to submit requests for activities not related to routine lot maintenance which will impact leased parking spaces. Process for Taking Action Upon Reservation Requests 6) Requests to reserve parking areas will be evaluated on the following criteria: City of Oshkosh Department of Transportation December 28, 2010 — Page 1 of 3 Policy for Reserving Parking Utility Lots a) The positive and/or negative effects to properties adjacent to municipal parking areas b) The positive and/or negative effects to the City as a whole c) The availability of capacity of the parking lot d) The availability of alternative parking areas in nearby lots or on- street e) The potential to harm the physical infrastructure of the lot, including but not limited to pavement, curbing, landscaping, street lighting poles, signage and similar appurtenances, beyond normal wear and tear that occurs through customary activities in the parking lot f) The extent to which the request limits the ability of others to use the lot g) The amount of revenue, if any, to be collected by the applicant for the privilege to park in the municipal lots during the time of the reservation h) Potential adverse aesthetic or noise impacts i) The extent to which applicant complied with the terms of any or all earlier reservation requests submitted by the applicant 7) Parking Utility Commission review of a request shall be required when any of the following conditions are true. a) The impact involves 100 or more space -days (e.g. 100 spaces for one day, 10 spaces for ten days). b) The impact of the parking reservation would result in the parking lot exceeding practical capacity (85 percent utilization) for at least five days. c) The request covers more than one month from beginning to end (e.g. ten consecutive Friday nights, or 35 consecutive days). d) The applicant requests to pay less than the fee corresponding to loss of revenue parking spaces from leased spaces and permit parking. e) The applicant wishes to collect revenue from individuals for the privilege of parking in the area requested for reservation. The Commission's review will take place at the next regularly scheduled Parking Utility Commission meeting. If this is the only meeting before the reservation would be required and there is no quorum among Commission members, the Director of Transportation will have authority to take action on this request. The Director of Transportation will notify the Commission of the disposition of such requests. If the reservation is submitted too late to be considered by the Commission and Commission review is required, the Director of Transportation will have authority to take action on this request, with the exception of waiving appropriate parking fees. 8) If Commission review is not required, the Director of Transportation shall notify the Commission of these requests if any of the following conditions are true: a) The impact involves 10 or more space -days but fewer than 100 space -days. b) Adverse impacts on neighboring properties may be anticipated. The Director of Transportation will have authority to take action on these requests. The Director of Transportation will have authority to waive or reduce fees corresponding to loss of revenue parking spaces. The Director of Transportation will notify the Commission of any potential lost revenue associated with requests approved in this manner. City of Oshkosh Department of Transportation December 28, 2010 — Page 2 of 3 Policy for Reserving Parking Utility Lots 9) The Director of Transportation is not required to notify the Commission of a request if all of the following conditions hold true: a) The impact involves less than 10 percent of the capacity in the lot. b) The area requested to be reserved is in a remote area of lot where parking spaces are used at levels well below practical capacity (85 percent utilization). c) The applicant agrees to pay fee corresponding to loss of revenue parking spaces. 10) Persons or organizations leasing spaces shall be compensated for the loss of their parking availability during the time of these requests. This compensation shall be paid for by fees submitted by the requesting party. The compensation shall consist of the normal monthly payment for the space utilized. 11) The Commission and /or Director of Transportation may grant conditional approval and/or approve an amended version of the request. 12) If revenues are to be collected by the applicant for the privilege of allowing vehicles to park in the reserved parking area, the Commission and /or Director of Transportation may require that some or all of the revenue proceeds be directed to the Parking Utility. 13) Approval of requests may be rescinded upon discovery that the applicant is not abiding by the terms of the agreement with the City, including but not limited to material misrepresentation of potential impacts of the request. City of Oshkosh Department of Transportation December 28, 2010 — Page 3 of 3