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Truce: City and Mark Brown settle parking garage dispute

Two years ago, before Nazis came to Charlottesville in 2017, the big story was the contretemps between Mark Brown, co-owner of the Water Street Parking Garage, and then-mayor Mike Signer and the city.

The escalating parking wars led to suits and countersuits, panicked meetings of downtown business owners, threats of closing the garage and of eminent domain, challenges to the hiring of a former mayor and whopping legal bills on both sides.

At the July 16 City Council meeting, as the clock approached midnight, councilors approved a settlement that gives them most of what they wanted, but the full cost is not known at the present.

“I wasn’t sure until 11:58 last night this would get approved,” said Charlottesville Parking Center general manager Dave Norris, who has seen seemingly solid deals with the city fall apart before, the day after the meeting.

In the settlement hammered out over the past two years, Charlottesville Parking Center, which Brown owns and which manages the garage, agreed to sell 73 spaces to the city for $413,000. The spaces, previously owned by Wells Fargo, have been a sore point for the city, which sued Brown for buying them from the bank when the city had a right of first refusal should any parties want to unload their spaces.

“We’re selling them at the same price we paid for them,” says Norris, a former Charlottesville mayor whose own hiring was a point of contention when the city, through Chris Engel, director of economic development, questioned Norris’ qualifications to run a parking garage.

Charlottesville Parking Center was founded in 1959 by business owners who feared the emergence of shopping malls with ample parking would be a threat to getting people to shop downtown. The Water Street Parking Garage is a jointly owned public/private entity, and CPC owns the ground underneath the garage, as well as the surface lot across the street.

Although the city had the opportunity to buy Charlottesville Parking Center when it went on the market in 2008, it didn’t. Brown bought CPC in 2014 for $13.8 million and an uneasy alliance with the city began. In March 2016, Brown sued the city, alleging it forced him to offer parking below market rate—and below what was charged at the city-owned Market Street Garage.

In the settlement, the parking center will lease its remaining 317 spaces to the city for $50,000 a month for 16 years—with a 2.5 percent annual increase after the first year. The city believes it will make more than $900,000 in net revenue during the first year of the lease, according to a city document.

“It’s really a good thing for all parties after two years of contentiousness,” says Norris. “As of August 1, they’ll have full control and can set whatever hours and rates they want.”

CPC used to manage the Market Street Garage, but during the heat of battle, the city fired CPC and hired Lanier Parking to manage that garage. Most CPC employees who run the Water Street Garage will go to work for Lanier, which will take over the management of Water Street, city parking manager Rick Siebert told City Council.

When questioned by Mayor Nikuyah Walker, Siebert said none of the Water Street Garage employees will make less than the city’s minimum wage and that they have benefits.

For Charlottesville Parking Center administrators like Norris, it’s time to dust off those resumes. “This is the end of our role as a parking management company,” he says. “I’m exploring my own options.”

Brown continues to own the land underneath the garage. He was traveling in Greece, and in an email says the settlement is a “very slightly modified version” of a proposal CPC made to the city in January 2016 before any litigation was filed, “so we eventually succeeded in achieving our preferred resolution to the problem.”

At one point, Brown tried to buy the city’s portion of the garage—and the city did likewise. He also threatened to close the garage, which totally freaked out downtown business owners. The Downtown Business Association of Charlottesville made clear to the city that it believed the garage should remain publicly owned.

“I think we’ve gained significant efficiencies,” Siebert told City Council, as well as gaining control of the garage’s operation, “which I think is so important to the public.”

At the July 16 council meeting, Signer noted that “Ms. Galvin and I have some scar tissue and war wounds from this.”

Councilor Kathy Galvin recalled “all-day long mediation sessions.”

The city hired Richmond attorney Tom Wolf with LeClairRyan, who charged the city a discounted rate of $425 an hour. At press time, the city had not provided what those legal fees added up to over two years.

“We really decided to stick to our guns and stick up for this being a public good, a public asset,” said Signer. “And it was very difficult and there was a lot of fighting from the other side, a lot of scaremongering from some of the local journalistic outlets.”

He added, “This settlement a couple of years later is a good result for the public on all fronts.”

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Spaced out: Low-wage earners will feel parking pain

 

The already difficult downtown parking landscape is about to become more challenging in the next couple of years. Major construction projects like West2nd, the Dewberry Hotel and Belmont Bridge promise to further clog streets and decimate an already dwindling parking supply.

And then there’s the pilot meter program coming in August.

Hardest hit will be the minions working on the Downtown Mall whose employers don’t provide parking.

Charlottesville’s new parking manager, Rick Siebert, met March 22 with the Downtown Business Association of Charlottesville, which had an organizational coup and panicked meetings last year at the threat (unfounded, as it turned out) the Water Street Parking Garage might close, to brief the group on the future of downtown parking,

Of particular concern to merchants is the trial run of meters in the immediate mall vicinity for the 157 currently free spaces. The pilot will do away with 97 two-hour free parking spaces and install either meters or kiosks for six months.

At least for now, Siebert reassured the skittish business owners, the validation program will remain unchanged, even as the management of Market Street Garage turns over from Charlottesville Parking Center to Lanier Parking Solutions.

Downtown parking has the “illusion of being free,” says Siebert, but if the spaces are full all the time, that doesn’t help if you can’t find a space.

And for those spaces most in demand—the ones closest to the restaurant or theater or shop—he asks, “Why should we give away our highest value spaces?”

Charging $2 an hour on the street could allow a reduction of rates in the parking garages, where people don’t want to park if free surface spaces are available, says Siebert. If all goes well with the meter pilot, he’d like to make the first hour of parking free in the Market Street Garage and end the validation program entirely.

At present that plan doesn’t include the Water Street Garage because of litigation between co-owners the city and Charlottesville Parking Center. Those parties will head to mediation in late May.

Parking meter bids are due April 5. “We requested equipment to be loaned to us for six months,” says Siebert. The companies likely to provide free equipment “predict the pilot will be successful and that we may expand the program. That’s what those proposers will bet on.”

He says he doesn’t know how much the metered pilot program will cost, but there will be start-up expenses to install the equipment. For the individual meters on the blocks where only one or two spaces are available, new signage won’t be needed, but the blocks that will have pay stations will need new signs to point parkers to the kiosks, he says.

Parking study recommendations suggest paid parking from 8am to 8pm Monday through Saturday.

“I think they came up with a reasonable plan to try it for six months,” says DBAC president Joan Fenton. “If it doesn’t work, it can be adjusted before the busy season begins in October.”

If the pilot is successful, escalating the rate for peak times could be an option. “We can get more sophisticated in the coming years,” says Siebert.

And the parking meter perimeter could be expanded out a couple of more blocks, which would make the streets where many downtown employees park no longer an option.

“The most difficult issue will be to find appropriate parking for people working at minimum wage,” says Siebert. “I don’t think it will be a silver bullet. We’ll try several things.”

Under discussion are park-and-ride lots. Siebert mentioned a city-owned lot on Avon Street that can get bus riders to town in 10 minutes. More problematic is the 20-minute return on a bus that currently runs every 30 minutes.

“When you look at people downtown making little more than minimum wage, to expect them to pay $2 to $3 an hour is not feasible,” says Kirby Hutto, manager of the Sprint Pavilion.

“The metered parking doesn’t bother me,” says Hutto, who says it’s “naive” to expect that spaces will remain free.

What is more worrisome, he says, is that there’s no plan to ease the pain of losing parking in the short term from construction and the uncertainty of the Water Street Garage litigation. “There’s going to be a shortage of parking,” he says. “How are we going to accommodate demand for parking during peak hours?”

The days of the city-owned meter lot on Water Street are numbered with construction of West2nd expected to begin this summer. Also on the chopping block are the 51 spaces under the Belmont Bridge, which City Councilor Bob Fenwick says he’s counted and where many Pavilion employees park.

“We’re already hearing employers say they can’t find people to work downtown because of parking,” says Hutto.

“That is a concern,” says Siebert of the upcoming construction. He’d like to phase projects like the Belmont Bridge so all parking isn’t taken out at once.

Parking is also an issue for people coming from out of town to see a show at the Pavilion. The 75 spaces in the Water Street Garage promised to John Dewberry for his eponymous hotel are “coming out of the inventory I can sell to Pavilion patrons,” says Hutto.

Pavilion-goers need to be able to park, says Hutto, and if all the new parking coming from new developments is for private use, that doesn’t help.

Charlottesville Parking Center owner Mark Brown “actually has some good ideas about how to manage the Water Street space,” says Hutto. “With active management, we should be able to know when there’s open inventory.”

Siebert promises to leave no parking possibility unexamined. He’s ready to talk to churches and the previously uninterested LexisNexis to see if they want to share their lots. He wants to contract parking enforcement. And he’ll work with transit to tailor bus routes for park-and-ride options.

And he’s working on a survey for downtown employers to give to their workers. “We need to find out what time of day they come in and where they’re coming from,” he says.

After a contentious year between the city and Charlottesville Parking Center, and the city and Albemarle County, which threatened to move its courts because of downtown parking issues, everyone seemed to take a deep breath in 2017.

The city is implementing a parking action plan based on recommendations from the four different parking consultants it’s hired since 1986.

That includes hiring a parking manager—Siebert—to report to the department of economic development. “Parking is really a tool for economic development,” he says. “I’m glad this council has acted on the advice it’s consistently received since 1986.”

 

Bye-bye free street parking

The six-month Downtown Mall pilot parking meter program goes into effect in August.

  • Area bounded by Second Street on the west, Market Street on the north, Sixth Street on the east and either South Street or the railroad tracks on the south
  • $2 an hour, 8am to 8pm Monday through Saturday
  • Parking meters or pay stations will take cash or credit
  • The 157 spaces in the area include loading zones and 22 handicapped spaces
  • 97 two-hour spaces will get meters