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Home My WebLink AboutPACKET Town Board Study Session 2021-02-09February 9, 2021 5:45 p.m. – 6:30 p.m. Board Room/Virtual The Town Board of Trustees will participate in the meeting remotely due to the Declaration of Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19 and provided for with the adoption of Ordinance 04-20 on March 18, 2020. To view or listen to the Study Session by Zoom Webinar ONLINE (Zoom Webinar): https://zoom.us/j/91077906778 Webinar ID: 910 7790 6778 CALL-IN (Telephone Option): 877-853-5257 (toll-free) Meeting ID: 910 7790 6778 If you are joining the Zoom meeting and are experiencing technical difficulties, staff will be available by phone for assistance 30 minutes prior to the start of the meeting at 970-577-4777. 5:45 p.m. Parking Enforcement Revisions to the Estes Park Municipal Code. (Manager Solesbee) 6:15 p.m. Trustee & Administrator Comments & Questions. 6:25 p.m. Future Study Session Agenda Items. (Board Discussion) 6:30 p.m. Adjourn for Town Board Meeting. Informal discussion among Trustees concerning agenda items or other Town matters may occur before this meeting at approximately 5:15 p.m. AGENDA TOWN BOARD STUDY SESSION Page 1 Page 2 PUBLIC WORKS Report To: Honorable Mayor Wendy Koenig Board of Trustees Through: Town Administrator Machalek From: Vanessa Solesbee, CAPP, Parking & Transit Manager Greg Muhonen, PE, Public Works Director Date: February 9, 2021 RE: Parking Enforcement Revisions to the Estes Park Municipal Code Objective: Present proposed revisions to the Estes Park Municipal Code (EPMC) related to parking enforcement. Present Situation: Parking area monitoring (enforcement) is a necessary and regulatory function that helps encourage lawful, safe and equitable use of public parking spaces. Parking regulations are implemented for a variety of reasons, including public safety, managing a limited public asset, and improving access to local destinations. Without effective parking citation tools and management, it can be difficult to successfully manage the Town’s public parking areas. Since formation of the Parking & Transit Division in 2018, Public Works staff have worked with the Estes Park Police Department to identify strategies--both incentives and disincentives--to encourage voluntary compliance with parking regulations and timely payment of citations. Strategies have included: increased communication (online and in the field), discounted fine amounts for timely payment, and multiple cycles of letters with outstanding citation and payment information. Even with these additional measures, 299 citations went unpaid in 2019 and in 2020, 224 citations remain unpaid (totaling $19,240 for both years). Staff understands that everyone makes mistakes. A parking customer might miss a sign, or simply be distracted and forget to look at the regulations of the lot in which they are parking. These one- or two-time offenses are not the driving force behind the proposed EPMC updates. The real issue is the lack of additional tools, beyond strongly worded letters and more citations, to address the small group of repeat offenders or “scofflaws”. For this discussion, scofflaws are defined as motorists with three or more unpaid violations issued to a single license plate number. In 2020, eleven (11) scofflaws accounted for 68 unpaid violations and nearly $3,000 in uncollected fines. However, just Page 3 three individuals accounted for 62% of scofflaw violations in 2020. One had 8 violations, one had 10, and one had 24 unpaid violations. Scofflaws account for just 6% of all violations issued in 2020, but 25% of unpaid fines. These repeat offenses are the driving force behind two of the four proposed EPMC updates. The other two updates are proposed as staff believe they strengthen to Town’s commitment to effective management of our public parking in a way that promotes access for persons of all abilities. Proposal: Public Works and Police Department staff jointly support the following proposed updates to Chapter 10 of the Estes Park Municipal Code: 1. Provide the Parking Division (and its operator, The Car Park) with the authority to immobilize vehicles; 2. Provide the Parking Division (and its operator, The Car Park) with the authority to tow vehicles; 3. Codify the informal courtesy/practice of providing unrestricted free parking to persons with disabilities and Disabled Veterans who display valid placards. Staff also propose to submit a request to the Estes Park Municipal Court Judge to increase the fine amounts for both Americans with Disabilities (ADA) and Electric Vehicle space violations to bring these fine amounts in line with other Colorado and national communities. If approved, the Judge can update the fine amounts administratively. Advantages: • The proposed code updates will provide staff with additional tools to effectively manage the Town’s limited public parking assets, while also providing better access to parking areas for a greater number of parking customers. • Additional penalties for repeated parking offenses, including temporary loss of the use of one’s vehicle, will likely encourage payment of outstanding citations and/or changes in behavior. • Increase parking access for those with disabilities and/or limited mobility. Disadvantages: • More visible parking enforcement strategies (e.g., immobilization) can contribute to negative perceptions about community; however, staff contend that any short- term negative impact would be outweighed by the resulting change in behavior. • Parking enforcement is often seen as negative and punitive; however, it is a necessary regulatory function to manage a limited asset that has direct impact on the economic vitality of the downtown business district. Page 4 Action Recommended: Authorize staff to return to the Town Board on February 23 with an Ordinance to Amend Chapter 10 of the Municipal Code of the Town of Estes Park Relating to Vehicles and Traffic. Finance/Resource Impact: Funds for implementing use of immobilization are estimated to be approximately $2,720 in year one (2021) with ongoing annual costs of $420. The authority to tow will require signage on all lots with contact information for the selected tow company. The estimated cost for signage is $1,500-$3,000 in year one with minimal ongoing maintenance/replacement costs. Updating fine amounts for ADA and EV spaces will carry no additional cost, as the changes can be made via software and there is no need for reprinting ticket books. Codifying ADA and disabled veteran courtesies will also carry no additional cost. In total, Public Works staff estimate additional expenses of $4,220 – 5,720 in year one (2021) with ongoing annual expense of $420. The expenses would be covered within the existing Parking Fund budget. No additional budget allocation or General Fund support is requested. Level of Public Interest Staff expects a moderate to high level of public interest in any item related to the parking. Staff presented the recommendations included in this Report to the Transportation Advisory Board at their January 18, 2021 meeting. Attachments: 1. Staff Presentation (PowerPoint) Page 5 Parking Enforcement Revisions to the Estes Park Municipal Code Town Board Study Session February 9, 2021 Vanessa Solesbee, CAPP, Parking & Transit Manager Matt Eisenberg, General Manager, The Car Park ATTACHMENT 1 -UPDATED 2021-02-09 Agenda Our Philosophy The Problem Current Approach Data Solutions and Recommendations Questions 2 Summary Our Philosophy 3 •Parking area monitoring (enforcement) is a necessary and regulatory function that helps encourage lawful, safe and equitable use of public parking spaces. •The Police Department, Parking Division and The Car Park (as the Town’s contracted parking operator) are granted authority to regulate the Town’s public parking areas by Title 10 of the Estes Park Municipal Code (Vehicles & Traffic) and, more specifically, Ordinance 12-19. •Parking regulations are implemented for a variety of reasons –for public safety, to manage a limited public asset, and to improve access. •Without effective parking citation tools and management, it can be difficult to successfully manage the Town’s public parking areas. •Town staff and our professional parking operator, The Car Park, share a similar parking enforcement philosophy: seek voluntary compliance first and implement monetary penalties second, and/or other measures as necessary. The Problem 4 Prior to the formation of the Parking & Transit Division in October 2018, those with unpaid parking citations received one letter notifying them about the outstanding citation. If the individual did not remit payment, no further action was taken. In 2019 and 2020, additional processes were implemented, both to incentivize timely payment of citations and to follow-up on unpaid citations, including: 1.Citations paid within the first 15 days of receipt were allowed to pay a lower fine amount (e.g., $15 dollars on a $25 fine); 2.A late fee of $25 was automatically added to a citation if it remained unpaid beyond 30 days of issuance; and 3.Two rounds of letters were sent to those with unpaid citations, requesting payment. Even with these additional measures, 299 citations went unpaid in 2019 and in 2020, 224 citations remain unpaid (totaling $19,240 for both years). Current Approach 5 While Town does have the authority to issue a court summons for failure to pay, this has not been done in the past. There are no penalties in place after the imposition of a $25 late fee and the mailing of a letter requesting payment. Data 6 2019 Scofflaws •19 unique license plates with at least three unpaid violations. •93 unpaid violations. •$2,070 in uncollected fines. 2020 Scofflaws •11 unique license plates with at least three unpaid violations. •68 unpaid violations. •$2,895 in uncollected fines. •3 individuals account for 62% of 2020 scofflaw violations. Scofflaws account for just 6% of all violations issued in 2020, but 25% of unpaid fines. Solutions Explored by Staff •Public Works and Police Department partnered to define additional options that will more strongly discourage those who receive parking citations from simply ignoring them. •Solutions explored by staff in Summer and Fall 2020: o Increasing all parking fine amounts o Implementing a “graduated fines” approach o Targeted approach to address specific violation types (e.g., ADA violations) o Vehicle immobilization o Towing in extremely limited cases related to public safety (e.g., fire lane violations). 7 Process & Recommended Solutions 8 Public Works and Police Department staff propose to work with the Town Attorney on an Ordinance to amend Chapter 10 of the Estes Park Municipal Code as follows: 1)Provide the Parking Division (or designated independent contractor) with the authority to immobilize vehicles; 2)Provide the Parking Division (or designated independent contractor) with the authority to tow vehicles; 3)Codify an informal courtesy that has been extended to persons with disabilities and Disabled Veterans who display valid placards. 4)Provide accommodation for free motorcycle parking in designated motorcycle parking spaces within the seasonal paid parking areas. Process & Recommended Solutions 9 Staff also propose to submit a request to the Estes Park Municipal Court Judge to increase the fine amounts for both Americans with Disabilities (ADA) and Electric Vehicle space violations. •If approved, the Judge can update the fine amounts administratively. There is also the question of court summons. •We determined that we do have the ability, however is this something we want to do? In consultation with the Town Attorney, staff also plan to document the existing process for scofflaws, including management of an official scofflaw list, notification process and appeals. 1: Authority to Immobilize 10 The Barnacle 11 ✓Alternative to booting. ✓Immobilizes vehicle by blocking view out of the windshield. ✓User pays fine via mobile app or phone call and issued a code to enter into Barnacle, releasing the device. Available 24/7. ✓User drops Barnacle into centrally located receptacle. ✓Safer for Parking Ambassador as there is no face-to-face interaction with vehicle owner. 2: Authority to Tow 12 Towing Towing is considered a last resort for dealing with the most serious parking infractions. No incidents required a tow in 2020. Working with PD allows us to contact vehicle owners prior to escalating to towing. 13 Removes a vehicle when a major hazard/obstruction exists. •Potential for damage to vehicle •Tow fees can be very expensive •Highly inconvenient for vehicle owner 3: Codify Informal Courtesies 14 Codify Informal Courtesy for ADA and Disabled Veteran Placard Holders 15 •Traditionally, ADA/Disabled Veteran credentials have exempted vehicles from time limits as an informal courtesy. •Codify tradition to apply to all time-limited and paid spaces, not just marked ADA stalls. •The purpose of ADA regulations is to allow persons with limited mobility or other disabilities to park close to building entrances or other high-traffic areas to reduce traveling distance. •This goal is best served by formally allowing vehicles displaying valid credentials to park in any space of their choosing without worrying about time constraints or payment. 4: Increase Base Fine Amounts for ADA and EV Spaces 16 Update Base Fine Amounts for ADA and EV Spaces 17 •Municipal ordinance allows the Parking & Transit Division to decrease (not increase) fines at its discretion. •It is common in the parking industry to set a violation amount on the ticket and offer a reduced amount if paid within a certain period. This encourages timely payment. •Our current fine amount is $25. Few discounts were offered in 2020 and violation revenues remained strong. We believe this should be the minimum amount paid. Option 1: Ask the judge to increase the base fine to $50, allowing us to offer a $25 fine if paid within 14 days. Option 2: Amend the Municipal Code to allow us to add a late fee, increasing the $25 fine to $50 if not paid within 14 days. Update Base Fine Amounts for ADA and EV Spaces 18 ADA Violations •Current $100 •Proposed $175 EV Station Violations •Current $25 •Proposed $125 Action Recommended & Proposed Next Steps 1.Staff seek Town Board input on the recommendations included in this report (summarized in slide #8). 2.Staff propose to work with the Town Attorney on an Ordinance to amend Chapter 10 of the Municipal Code of the Town of Estes Park Relating to Vehicles and Traffic. 3.Staff also propose updating the base fine amounts for ADA and EV violations to the Municipal Court Judge. 19 Parking Enforcement Revisions to the Estes Park Municipal Code Town Board Study Session February 9, 2021 Vanessa Solesbee, CAPP, Parking & Transit Manager Matt Eisenberg, General Manager, The Car Park Agenda Our Philosophy The Problem Current Approach Data Solutions and Recommendations Questions 2 Summary ATTACHMENT 1 Page 6 Our Philosophy 3 • Parking area monitoring (enforcement) is a necessary and regulatoryfunction that helps encourage lawful, safe and equitable use of publicparking spaces. • The Police Department, Parking Division and The Car Park (as the Town’scontracted parking operator) are granted authority to regulate the Town’spublic parking areas by Title 10 of the Estes Park Municipal Code (Vehicles& Traffic) and, more specifically, Ordinance 12-19. • Parking regulations are implemented for a variety of reasons – for publicsafety, to manage a limited public asset, and to improve access. • Without effective parking citation tools and management, it can be difficult to successfully manage the Town’s public parking areas. • Town staff and our professional parking operator, The Car Park, share asimilar parking enforcement philosophy: seek voluntary compliance first andimplement monetary penalties second, and/or other measures as necessary. The Problem 4 Prior to the formation of the Parking & Transit Division in October 2018, those with unpaid parking citations received one letter notifying them about the outstanding citation. If the individual did not remit payment, no further action was taken. In 2019 and 2020, additional processes were implemented, both to incentivize timely payment of citations and to follow-up on unpaid citations, including: 1. Citations paid within the first 15 days of receipt were allowed to pay a lower fine amount (e.g., $15 dollars on a $25 fine); 2. A late fee of $25 was automatically added to a citation if it remained unpaid beyond 30 days of issuance; and 3. Two rounds of letters were sent to those with unpaid citations, requesting payment. Even with these additional measures, 299 citations went unpaid in 2019 and in 2020, 224 citations remain unpaid (totaling $19,240 for both years). Page 7 Current Approach 5 While Town does have the authority to issue a court summons for failure to pay, this has not been done in the past. There are no penalties in place after the imposition of a $25 late fee and the mailing of a letter requesting payment. Data 6 2019 Scofflaws • 19 unique license plates with at least three unpaidviolations. • 93 unpaid violations. • $2,070 in uncollected fines. 2020 Scofflaws • 11 unique license plates with at least three unpaidviolations. • 68 unpaid violations. • $2,895 in uncollected fines. • 3 individuals account for 62% of 2020 scofflawviolations. Scofflaws account for just 6% of all violations issued in 2020, but 25% of unpaid fines. Page 8 Solutions Explored by Staff •Public Works and Police Departmentpartnered to define additional options that willmore strongly discourage those who receiveparking citations from simply ignoring them. •Solutions explored by staff in Summer andFall 2020: o Increasing all parking fine amounts o Implementing a “graduated fines” approach o Targeted approach to address specific violation types(e.g., ADA violations) o Vehicle immobilization o Towing in extremely limited cases related to publicsafety (e.g., fire lane violations). 7 Process & Recommended Solutions 8 Public Works and Police Department staff propose updating Chapter 10 of the Estes Park Municipal Code as follows: 1) Provide the Parking Division (and its operator, The Car Park) with the authorityto immobilize vehicles; 2) Provide the Parking Division (and its operator, The Car Park) with the authority to tow vehicles; 3) Codify an informal courtesy that has been extended to persons with disabilities and Disabled Veterans who display valid placards. Staff also propose to submit a request to the Estes Park Municipal Court Judge to increase the fine amounts for both Americans with Disabilities (ADA) and Electric Vehicle space violations. • If approved, the Judge can update the fine amounts administratively. There is also the question of court summons. • We determined that we do have the ability, however is this something we want to do? Page 9 1: Authority to Immobilize 9 The Barnacle 10 Alternative to booting. Immobilizes vehicle by blocking view out of the windshield. User pays fine via mobile app or phone call and issued a code to enter into Barnacle, releasing the device. Available 24/7. User drops Barnacle into centrally located receptacle. Safer for Parking Ambassador as there is no face-to-face interaction with vehicle owner. Page 10 2: Authority to Tow 11 Towing Towing is considered a last resort for dealing with the most serious parking infractions. No incidents required a tow in 2020. Working with PD allows us to contact vehicle owners prior to escalating to towing. 12 Removes a vehicle when a major hazard/obstruction exists. • Potential for damage to vehicle • Tow fees can be very expensive • Highly inconvenient for vehicle owner Page 11 3: Codify Informal Courtesies 13 Codify Informal Courtesy for ADA and Disabled Veteran Placard Holders 14 • Traditionally, ADA/Disabled Veteran credentials have exempted vehicles from time limits as an informal courtesy. • Codify tradition to apply to all time-limited and paid spaces, not just marked ADA stalls. • The purpose of ADA regulations is to allow persons with limited mobility or other disabilities to park close to building entrances or other high-traffic areas to reduce traveling distance. • This goal is best served by formally allowing vehicles displaying valid credentials to park in any space of their choosing without worrying about time constraints or payment. Page 12 4: Increase Base Fine Amounts for ADA and EV Spaces 15 Update Base Fine Amounts for ADA and EV Spaces 16 • Municipal ordinance allows the Parking& Transit Division to decrease (notincrease) fines at its discretion. • It is common in the parking industry toset a violation amount on the ticket andoffer a reduced amount if paid within acertain period. This encourages timely payment. • Our current fine amount is $25. Fewdiscounts were offered in 2020 andviolation revenues remained strong. We believe this should be the minimumamount paid. Option 1: Ask the judge to increase the base fine to $50, allowing us to offer a $25 fine if paid within 14 days. Option 2: Amend the Municipal Code to allow us to add a late fee, increasing the $25 fine to $50 if not paid within 14 days. Page 13 Update Base Fine Amounts for ADA and EV Spaces 17 ADA Violations • Current $100 • Proposed $175 EV Station Violations • Current $25 • Proposed $125 Action Recommended & Proposed Next Steps 1.Staff seek Town Board input on therecommendations included in this report(summarized in slide #8). 2.Staff propose to bring an Ordinance to theRegular Meeting on February 23 amendingChapter 10 of the Municipal Code of theTown of Estes Park Relating to Vehicles andTraffic. 3.Staff also propose to propose updating thebase fine amounts for ADA and EV violationsto the Municipal Court Judge. 18 Page 14 February 23, 2021 • Annual Update on Street Improvement Program March 9, 2021 • The Current State of Childcare: Needs and Gaps April 13, 2021 • Seasonal Paid Parking Implementation Update Items Approved – Unscheduled: • Cameron Peak and East Thompson Zone Debrief • Revisit Fee Waiver/Subsidy Policies • Discussion with County Assessor regarding Assessment of Vacation Rentals • Distributed Energy Discussion • Reverse Decriminalization of Municipal Code • Rooftop Rodeo Financial Overview • Oral History Program Discussion Items for Town Board Consideration: • None. Future Town Board Study Session Agenda Items February 9, 2021 Page 15 Page 16