HomeMy WebLinkAbout07-14-20 Public Comment - R. Brey - RPPD feesFrom:Chris Mehl
To:Agenda
Subject:FW: RPPD fees
Date:Tuesday, July 14, 2020 9:33:01 PM
Attachments:1993-11-15 rppd minutes.pdf
Chris Mehl
Mayor, City of Bozeman
cmehl@bozeman.net
406.581.4992
________________________________________
From: Ron Brey [breyron@gmail.com]
Sent: Tuesday, July 14, 2020 9:15 PM
To: Chris Mehl; Cyndy Andrus; I-Ho Pomeroy; terrycunningham@bozeman.net; Michael Wallner
Cc: Jim Goetz; KPowell & S Griswold
Subject: RPPD fees
Greetings,
Along with other residents of the Residential Parking Permit Districts (RPPD), I received my notice of a fee increase
to cover district costs. While increases are to be expected, I was somewhat surprised at the size of the increase. The
notice explains that permit numbers and fee revenue are declining (no surprise given the unworkable visitor permit
system) and that fees alone are considered to be the sole source of revenue for the program to cover admin and
enforcement costs. THIS IS ABSOLUTELY INCORRECT! I am attaching a copy of the minutes from 11/15/93,
adopting Ordinance 1376, the enabling ordinance for the parking permit regulation program.
The ordinance discussion clearly stated the intent that the program was to be "revenue neutral" and "not be a part of
the General Fund". This means that after startup, no funds from the General Fund would support the program and
after repayment of startup costs,no funds generated by the district will flow to the General Fund. Most importantly
for this discussion, the minutes clearly state :" the fees for the permits AND THE FINES FOR VIOLATION OF
THIS CHAPTER OF THE BOZEMAN MUNICIPAL CODE are to be set so they generate sufficient revenues to
offset the expenditures of the program;" . The discussion goes on to state :"and those fees may be adjusted on an
annual basis." The reason the fines are not included in the annual adjustment statement is simply because the fines
were set to match the fines assessed by MSU for parking violations so it would not be advantageous to violate in
one area over the other. The fines would also be subject to adjustment to address enforcement issues if any arose
but not be considered for adjustment as a revenue generator. Also, while it seems counterintuitive, a successful
program generates compliance, not violations and fine revenue should ideally decrease over time.
I understand that a concern was raised at the Parking Commission meeting that including the fines would constitute
a quota system. This is simply not true. The program is not part of the General Fund so no fine revenue will be
realized by the police, the overall parking program or city administration. It simply balances the cost of the
program. To my knowledge, the City has never tolerated a quota system in law enforcement nor should it. If any
performance evaluations weigh the number of parking citations issued, and they should not, it is difficult to see how
that could be an aspect of performance evaluation within an automated system. A quota system is not a concern if
the fine revenue is used as intended.
Another objection some staff have apparently raised against the districts in general is that they are elitist. If you
want to take the time to review the minutes leading up to the adoption of the program, you will see that the
discussion was solely about restoring a normal residential on-street parking situation for those areas adjacent to
heavy parking generators. The testimony included accounts of service providers, bridge clubs, prayer groups, the
disabled, and individual guests unable to park anywhere near their residential destination. One resident stated that
they didn't object to the maxed out parking but they felt that the continuous circling of the block looking for a space
was a safety issue. The establishment of the program WAS regarded as special treatment for those neighborhoods
requesting it and for that reason the funding was excluded from the General Fund with all costs to be borne by
district fees and fines. No cost would be borne by the general public.
I don't have access to good cost and revenue data but the flyer describes an average annual deficit of $30,000 sinceFY17. If fines are still $60 in the University District and $20 in the High School district, and accounting forholidays and the shortened high school season, it appears that an average of less than 6 citations per day, split evenlybetween the two districts, would more than cover the deficit. I don't know the average number of citations writtenper day but if it is 5 or 6 or more, and the City has been accruing the fine revenue in the General Fund, contrary tothe intent of the ordinance, district residents have been overcharged for fees for some time. If this is the case, and itcertainly appears that it is, fees should be reduced rather than increased.
Since the minutes are clear about the intended disposition of district fine revenue, there should not be any need forthe creation of a task force or study group to identify appropriate percentages of fine allocation as has apparentlybeen suggested. However, it was clear in 2018 that at least some in the City wished to discontinue the program. Ifthis is indeed the agenda, just do it and don't belabor the matter.
I may be off grid for your August meeting and I couldn't go through this in 3 minutes anyway, so I am sending thisnow to give you ample time to determine if my analysis (or my math) is faulty.
As always, I appreciate your difficult work for the betterment of the community.
Ron Brey1106 S. 3rdBozeman, MT
14 -
Responding to Mayor Swanson, Planner Skelton stated that in this instance, the Historic
Preservation Officer checked a two-block radius from the subject property for architectural design.
He noted that with the various types of uses in the area, including residential, commercial and a
park, it is difficult to identify a specific neighborhood.
Mayor Swanson noted the Commissioners have just received a rather detailed memo,
which they have not had an opportunity to review. He then asked that this item be placed on next
week's agenda for a decision, so the Commissioners have an opportunity to review that
information.
Break - 4:42 to 4:47 O.m.
Mayor Swanson declared a break from 4:42 p.m. to 4:47 p.m., in accordance with
Commission policy established at their regular meeting of March 14, 1983.
Discussion - Ordinance No. 1376 - amendina Section 10.32.350 of the Bozeman Municioal Code
as created under Ordinance 1345 - enablina leaislation for creation of neighborhood oarkina district
City Manager Wysocki presented Ordinance No 1376, as prepared by Assistant Manager
Brey entitled:
ORDINANCE NO. 1376
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE BOZEMAN MUNICIPAL CODE BY REVISING
SECTION 10.32.350, PERTAINING TO THE CITY COMMISSION FINDINGS
NECESSARY FOR THE ESTABLISHMENT OF A RESIDENTIAL ON-STREET
PARKING PERMIT REGULATION PROGRAM AND CLARIFYING THE NOTICE
REQUIREMENTS FOR RESIDENTIAL PERMIT PARKING AREAS.
Assistant City Manager Brey presented a brief update on the ability of a local government
to create a neighborhood parking district. He reminded the Commission that eighteen months ago,
they adopted Ordinance No. 1345, establishing the enabling legislation for the Commission to
consider creation of neighborhood parking districts, as the result of a petition they had received for
creation of a district near the University. He noted that in May 1992, between the provisional and
final adoptions of Ordinance No. 1345, a group of Missoula residents and the Associated Students
of the University of Montana filed suit in District Court against the City of Missoula to stop their
neighborhood parking district, which is the example upon which the City of Bozeman's program
was developed. He stated that the City decided at that time to delay any further action until the
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court case was resolved; and that was accomplished on October 21, with a Montana Supreme
Court ruling which upheld Missoula's ordinances with no revisions.
The Assistant City Manager briefly highlighted the findings contained in the Montana
Supreme Court decision. He then reviewed the contents of Ordinance No. 1376, noting that it
mendS Section 10.32.350 10 more closely mirror the language contained in the Supreme Court
ruling. He indicated these revisions are not substantial in character, but he feels it is appropriate
for them to be incorporated into the enabling legislation to avoid potential problems and conflicts
in the future.
Assistant City Manager Brey emphasized the fact that this is only enabling legislation and
that the creation of any specific district must go through all of the appropriate steps. He then
indicated his intent to forward the neighborhood parking district previously petitioned through the
process, beginning in early December. He noted this will allow an opportunity for University
students to participate in the process before their semester break.
Responding to Mayor Swanson, the Assistant City Manager stated there is no statutory
requirement for a public hearing to be held in conjunction with the creation of a neighborhood
arking district. He noted that the Commission can accept public input if it wishes during either
provisional or final adoption of the ordinance of creation, or at both times; or they may choose to
conduct a public hearing to encourage public participation.
Responding to Commissioner Knapp, Assistant Brey stated that this ordinance amends
only one section of Ordinance No. 1345. He noted that the remainder of Ordinance No. 1345 is
codified and remains in full force and effect.
Mayor Swanson briefly reviewed the history of considering a neighborhood parking district
around the University, noting it has been in process since 1990.
At the Mayor's request, the Assistant City Manager reviewed the funding for this program.
He stated that the district is designed to be revenue neutral and will not be a part of the General
Fund. He noted, however, that substantial up-front costs are involved; therefore, an expenditure
rom the General Fund will be necessary to implement the program with the monies being repaid
over a period of years. He stated that the fees for the permits and the fines for violation of this
chapter of the Bozeman Municipal Code are to be set so they generate sufficient revenues to offset
the expenditures of the program; and those fees may be adjusted on an annual basis. He cautioned
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that if the program is successful, the revenues from fines are minimal, with the permit fees bearing
the majority of the costs involved.
Commissioner Knapp noted the University has undertaken expansion and improvement of
its parking facilities on campus. She stated there should now be adequate parking on campus to
ccommodate students. staff and faculty; and the eighteen-month delay while awaiting the Court
decision has allowed time for that parking to be provided.
Assistant City Manager Brey suggested that creation of a neighborhood parking district
could possibly result in a decrease in the amount of traffic within those neighborhoods close to
campus because there will not be any parking spaces to access in that area.
Commissioner Vincent stated this program as proposed is a "middle-of-the-road" approach,
in light of other programs which have been implemented around the United States, both in terms
of size and restrictions.
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
Commission provisionally adopt Ordinance No. 1376, amending Section 10.32.350, which provides
enabling legislation for creation of a neighborhood parking district. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp,
Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none.
ADDointment to Bozeman Area Bicycle Advisory Board (1)
Mayor Swanson noted that this appointment was delayed for a period of one week, so
a full Commission could act on it.
Commissioner Knapp nominated Charles Day. The nomination failed by the following vote:
those voting Aye being Commissioner Knapp and Mayor Swanson.
Commissioner Vincent nominated Elizabeth Pfaff. The nomination carried by the following
vote: those voting Aye being Commissioner Vincent, Commissioner Frost and Commissioner Stiff.
It was moved by Commissioner Knapp, seconded by Commissioner Frost, that Elizabeth
faff be appointed to replace Shae Bunde on the Bozeman Area Bicycle Advisory Board, with a
term to expire on December 31, 1994. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff,
Commissioner Vincent and Mayor Swanson; those voting No, none.
11-1 5-93