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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/19/2013 - SECOND READING OF ORDINANCE NO. 039, 2013 AMENDINGDATE: March 19, 2013 STAFF: Darin Atteberry, Karen Cumbo Timothy Wilder AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 12 SUBJECT Second Reading of Ordinance No. 039, 2013 Amending the City Code and Creating a Parking Advisory Board. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 5, 2013, creates a Parking Advisory Board. During the discussion at the First Reading of the Ordinance, Council requested more information about the public process, membership, geographical area, and costs of the potential Board. The remainder of this agenda item summary contains the information requested by City Council. The Ordinance has been amended for Second Reading to include “downtown employees” on the list of potential downtown members of the Board. BACKGROUND / DISCUSSION Public Process on Formation of Parking Advisory Board One concern raised by Council at the March 5, 2013 meeting was the lack of public outreach surrounding the creation of a Parking Advisory Board. The idea of a new parking organization, with an option to form an advisory board, was extensively discussed with the public throughout the Parking Plan process. The idea of a new organization was first identified by the Parking Plan Advisory Panel in October 2011. The Panel’s report contains the idea of “a board composed of downtown public and private stakeholders.” The Panel did not identify the type of organization specifically, but described the primary need to involve public and private stakeholders in parking decisions. From October 2011, until the adoption of the Parking Plan in January 2013, the parking organization idea with the advisory board option was discussed at every public event and City board and commission meeting. The question over whether or not to form a new organization became the most extensively discussed topic in the planning process. The following list identifies some of the information provided to Council on this topic during the planning process: • City Council Work Session, November 29, 2011 N Attachment 1, Item #6 “Explore new organization and funding options including…ways to involve the business community in parking management decisions such as an ad-hoc parking committee composed of Downtown public and private stakeholders.” Pages 19 – 22: extensive discussion of parking organization options, including an advisory board. N Minutes from the DDA, Transportation Board, and Air Quality Board containing discussion on the parking organization. • City Council Work Session, February 28, 2012 N Attachment 1: Parking Plan – Fort Collins Overview – Proposed Policy and Strategic Direction, Item #8 Partnering with Downtown Business and Downtown Management. N Attachment 4: Public Feedback on Fort Collins Parking Plan Overview Principles, containing comments from City boards and commissions, UniverCity Connections, Chamber of Commerce, Downtown Business Association, and a Public Open House on the parking organization topic and other topics. The parking organization issue and alternatives were extensively vetted through the Parking Plan public involvement process. Parking Advisory Board Membership During First Reading, Council questioned the list of potential members contained in the March 5 agenda item summary. The agenda item summary explained that the membership “should include broad-based community representation to insure credibility and objectivity.” The list provided was not intended to be comprehensive, and could include other March 19, 2013 -2- ITEM 12 stakeholders. As suggested by Council at first reading, the list should include representatives of the environmental community as well as affected residential neighborhoods. The ordinance gives the Council authority over selection of the board and does not prescribe specific members, other than stating that five members must be from “the downtown area” and four must represent the City at large. The Ordinance was amended for Second Reading to add “employees” as one of the constituent groups that could represent the five members from the downtown area, along with residents, landowners, business owners or tenants. This addition was made because downtown employees are one of the groups most affected by downtown parking management policies. Parking Advisory Board Geographical Area Council also asked for a map, and information on whether the Board should be called the “Downtown Parking Advisory Board”. One of the primary functions of the Board is to make recommendations regarding implementation of the City’s recently-adopted Parking Plan. While the Parking Plan and City parking policies are focused primarily on the downtown area due to the greater need for public management compared to other areas of the community, the Parking Plan also identifies parking issues in surrounding neighborhoods. The increase in neighborhood impacts was a major reason for a broadened scope and accelerated timing for the Parking Plan study. For that reason, staff recommends that the non-geographically specific name be retained. A map of the Parking Plan study area is attached (Attachment 2). The map shows a general area denoted as “Downtown” that can be used as a guideline to determine the five members of the board that will come from “the downtown area.” This area is intentionally not defined in the Ordinance so that City Council is provided with flexibility in determining the five members that will represent “the downtown area”, and the four members that will represent the City at large. Parking Advisory Board Costs Based on experience with other City advisory boards, it is estimated that administrative support for a new Parking Advisory Board will require approximately five to ten hours per month to prepare and post agendas, organize packets, and take minutes. Staff liaison support for the Board, provided by the Parking Services Manager, is expected to be more efficient and cost effective than the existing process because the new board will provide a single point of contact and consolidated participation with multiple stakeholders simultaneously. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - March 5, 2013 (w/o attachments) 2. Parking Plan Study Area Map COPY COPY COPY COPY ATTACHMENT 1 DATE: March 5, 2013 STAFF: Darin Atteberry, Karen Cumbo Timothy Wilder AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 15 SUBJECT First Reading of Ordinance No. 039, 2013 Amending the City Code and Creating a Parking Advisory Board. EXECUTIVE SUMMARY At the City Council meeting on January 15, 2013, several City Councilmembers indicated an interest in a possible parking commission or board as a way to continue implementation of the recently-adopted Parking Plan. This agenda item summary provides detailed information about the creation of a parking advisory board. BACKGROUND / DISCUSSION During the public process for the recently-completed Parking Plan, several ideas were discussed about how to include more citizen input into the public parking decision-making process, including topics such as a new governance model (authority or district), an advisory group, an ad hoc committee, or continued informal engagement between city staff and stakeholders. Most of the discussion and consensus has coalesced around the idea of an advisory group, which is the recommendation of staff. Purpose The primary reason a parking advisory board is needed is to make recommendations to City Council and staff about implementation of the adopted Parking Plan. A board is also needed to provide an avenue for on-going stakeholder input and involvement in parking decisions that affect the public, while retaining decision-making authority at the City Council level. A board is also needed to support and advocate for parking initiatives and programs, to help educate the public about parking issues, and to work with other boards or organizations that have an interest in parking issues. The Parking Plan includes both short- and long-term action items. A parking advisory board may be called upon to make recommendations about many of these items, including (but not limited to) topics such as: • New parking infrastructure • New parking funding alternatives • The role of parking in economic development • Optimization of parking resources, both on- and off-street • Fines and fees • Enforcement methods and programs • Integration of parking policies with alternative modes and sustainability initiatives • Operational innovations, new parking technology, and best practices • Public/private partnership opportunities • Parking offers in the “Budgeting for Outcomes” process Benefits A new parking advisory board can provide multiple benefits to citizens, City staff members, businesses, and other entities that have an interest in parking. Examples: a. A board can provide city staff with a formal organization to work with to evaluate the impacts of new parking initiatives on the Downtown business community, and to receive public input as decisions are considered. b. A board could provide more opportunity for on-going, direct stakeholder involvement. c. By involving the business community, the City could benefit from the information, experience and wisdom of those whose livelihoods are impacted by the parking system, thus improving the program. d. A board would create a group that has enough time and frequency of meetings to become educated and informed about parking issues, technology, best practices, and so on. COPY COPY COPY COPY March 5, 2013 -2- ITEM 15 e. A board can work with City staff to identify the pros and cons of various parking decisions. f. A board could be an advocacy group to support and promote acceptance of parking decisions among the broader stakeholder community. g. A board can help increase the credibility of the parking program with the Downtown business community. A possible concern about this option is that it may not satisfy Downtown stakeholders who have gone on record in support of a new governance entity with decision-making authority. Membership The membership of a parking advisory board should include broad-based community representation to insure credibility and objectivity. Parking entities exist in many other communities, and typically have participation ranging from 5 to 15 members. A larger membership will provide broader representation. Fewer members can be more efficient. A workable compromise is 9 members, which is staff’s recommendation. A City Council member can act as a liaison between the board and City Council. The following is a list of potential members that may have an interest in parking issues. This list is provided for consideration when members of the parking advisory board are selected. • Downtown Business Association board member • Downtown Business Association member at large • Downtown Development Authority member • A downtown property owner • A downtown employee • A downtown resident • Colorado State University representative (student, faculty or both) • Business owner who is not part of DBA or DDA • City resident who does not live in Downtown • An “alternative modes” advocate • Developer, realtor or real estate broker • A representative of the disabled community Additional steps After a new parking advisory board is created, some other steps must be completed, such as: • Solicitation of parties interested in membership in a new parking entity, including screening of applicants and ultimate selection by City Council. • Development of by-laws that define how the board will function. • Election of officers of the board. • Adoption of a work plan, and eventually, an annual report of the board’s progress. FINANCIAL / ECONOMIC IMPACTS The new parking advisory board will need staff support, some of which may have a cost. Costs could include meals for meetings, supplies and materials, and possible transcription costs depending on how meeting minutes are recorded. These costs will be incorporated into the existing budget for Parking Services. A bigger issue is that a new parking advisory board will influence or inform the discussion of financing new parking infrastructure and other parking resources. Currently, the City does not have a revenue source that can be used to build new parking. The Parking Plan discusses options such as a parking impact fee, existing General Improvement District Revenues, user fees, and others, with the conclusion that none of these is adequate in the near-term to meet future needs. The only viable funding sources identified in the Parking Plan that are capable of generating sufficient revenues for new infrastructure are a new tax measure (such as Building On Basics or Keep Fort Collins Great funds), or on-street pay parking (a new user fee). A new parking advisory board could be instrumental in defining community direction for either or both of these funding sources. COPY COPY COPY COPY March 5, 2013 -3- ITEM 15 ENVIRONMENTAL IMPACTS The recently-completed Parking Plan discussed a concept that linked parking management to environmental initiatives. First, there is general direction in the plan to use sustainable management practices in the way parking operations are conducted. But more specifically, the plan pointed out that a parking advisory board or similar entity could help focus this objective by adding sustainability as a key guiding principle or lens through which all operational and strategic decisions are considered. While City staff is attempting to ingrain this approach into every planning and operational program under the City’s umbrella of influence, the same thing has not always been true in the broader parking stakeholder community. A new parking advisory board can incorporate environmentally sound principles into its work plan. That approach could provide a broad shift in attitude throughout the Downtown business community that cannot be accomplished by City staff alone. The result could be a new approach to parking engagement by businesses and users of parking resources that would view parking as an effective way to achieve the “triple bottom line” through parking management practices. STAFF RECOMMENDATION Staff recommends the adoption of this Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION Due to the short interval between the adoption of the Parking Plan and this item, there was no time to present this item at meetings of various boards and commissions. However, this topic of a possible “new parking organization” was discussed extensively throughout the Parking Plan public participation process. The following organizations took positions on this topic as noted below: Downtown Development Authority (DDA) On August 9, 2012, the Downtown Development Authority voted 4-1 to draft a letter to City Council thanking City staff for the work performed in drafting the parking plan; asking them to consider the recommendations of the Parking Plan Expert Advisory Panel; and recommending the creation of a hybrid organization such as an authority, commission, or district, of downtown stakeholders to set parking policy with strong City oversight. The dissenting vote was based on a concern with the creation of a new parking organization with governance powers. Downtown Business Association (DBA) On February 23, 2012, the Downtown Business Association sent a letter to City Council expressing support for the recommendations of the Parking Plan Expert Advisory Panel, including “the development of an appropriate governance model (i.e. an Authority, District, Zone) comprised of downtown stakeholders (local businesses, city representatives, real multi-family residential real estate owners, et al) to be brought back to Council and ultimately adopted.” PUBLIC OUTREACH Topics related to this Ordinance were discussed extensively throughout the Parking Plan public participation process. ATTACHMENTS 1. Letter from the Downtown Development Authority, September 13, 2012 2. Letter from the Downtown Business Association, February 23, 2012 ATTACHMENT 2 ORDINANCE NO. 039, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS AND CREATING A PARKING ADVISORY BOARD WHEREAS, during the public process for the recently completed “Parking Plan”, the City Council directed City staff to present for its consideration an ordinance that would establish a Parking Advisory Board as a way to enhance the implementation of the City's parking policies and plans; and WHEREAS, the City Council believes that a Parking Advisory Board should be established in order to: (1) make recommendations to the City Council about the implementation of such parking plans as the City Council may adopt from time to time; (2) provide an avenue for ongoing stakeholder input and involvement in parking decisions that affect the public; (3) support and advocate for parking initiatives and programs; and (4) educate the public about parking issues; and WHEREAS, the City Council has determined that it is in the best interests of the City that a Parking Advisory Board be established. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 2, Article III is hereby amended by the addition of a new Division 24 which reads in its entirety as follows and all subsequent Divisions and Sections thereafter in Chapter 2, Article III are hereby renumbered accordingly: Division 24 Parking Advisory Board Sec. 2-336. Creation. There shall be and is hereby created a Parking Advisory Board, hereafter referred to in this Division as the “Board.” Sec. 2-337. Membership; term. (a) The Board shall consist of nine (9) members, all of whom shall be appointed by the City Council, five (5) of whom shall be either residents, landowners, employees, business owners or tenants within the downtown area and four (4) of whom shall represent a broad base of the City at large. (b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Board, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months. Sec. 2-338. Functions. The Board shall have the following functions: (1) To make recommendations to the City Council regarding the implementation of the City's parking policies and plans; (2) To provide an avenue for ongoing stakeholder input and involvement in parking decisions that affect the public; (3) To support and advocate for parking initiatives and program; (4) To help educate the public about parking issues; (5) To work with other boards and commissions of the City or other community organizations that have an interest in parking issues. (6) To perform such other duties and functions and have such other powers as provided by the City Council. Sec. 2-339. Officers: bylaws. The Board shall elect annually from its membership a chair and such officers as may be required. Bylaws may be adopted by the Board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Board, and the same may be subject to the approval of the City Council. Sec. 2-340. Minutes; annual report; work plan. The Board shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Board shall file a report with the City Clerk setting forth the activities of the Board for the previous year. On or before November 30 of each year, the Board shall file a work plan with the City Clerk for the following year. -2- Introduced, considered favorably on first reading, and ordered published this 5th day of March, A.D. 2013, and to be presented for final passage on the 19th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 19th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3-