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HomeMy WebLinkAboutMSU Residential Parking District BoundaryReport compiled on September 10, 2009 1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Paul Burns, Parking Manager Chris Kukulski, City Manager SUBJECT: Public Hearing and Provisional adoption of Ordinance 1768, adopting change to MSU Residential Parking District as defined by Title 10.32.395 and subsequent ordinances. MEETING DATE: September 14, 2009 AGENDA ITEM TYPE: Action. RECOMMENDATION: Recommendation to direct staff to bring to the City Commission at a later date to complete clarification of the MSU Residential Parking District boundary. BACKGROUND: When the staff at Irving School requested a change in the parking regulations on the west side of South 8th Avenue between West Alderson and West Dickerson avenues, it was wrongly assumed by staff that this change required a city ordinance. To that point, it was advertised and scheduled for a public hearing, originally, on August 10. In researching the parking district boundaries, a 1994 memo from former assistant city manager Ron Brey was discovered. His memo (see attached) references Ordinance 1377, Section 2, part I (see attached) that states “Nonresidential uses may be provided with posted time limit parking as approved by the Director of Public Safety.” Therefore, it is requested to withdraw Ordinance 1768 because there is a less cumbersome method to accomplish the goals of Irving School administrators. However, during the research of the MSU Residential Parking District boundary, several inconsistencies were found and the boundary itself remains difficult to follow on paper. Staff requests that staff be directed to return at a later date with complete clarification of the MSU Residential Parking Boundary as defined in Section 10.32.395. FISCAL EFFECTS: The district is designed to be self-sustaining. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email or call Paul Burns at pburns@bozeman.net, 582- 2903, if you have questions prior to the meeting. Report compiled on September 10, 2009 2 Respectfully submitted, Paul Burns, Parking Manager Chris Kukulski, City Manager Attachment: Ordinance 1377 Memo from assistant city manager Ron Brey to City Commission on March 4, 1994. ORDINANCE NO 1377 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA PROVIDING THAT TttE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING SECTION 10 32 395 PERTAINING TO STOPPING STANDING AND PARKING OF VEHICLES THEREBY CREATING A RESIDENTIAL ON STREET PARKING PERMIT REGULATION PROGRAM IN THE VICINITY OF MONTANA STATE UNIVERSITY PURSUANT TO SECTIONS 10 32 350 THROUGH 10 32 390 OF THE BOZEMAN MUNICIPAL CODE WHICH CREATE THE PROCEDURES FOR ESTABLISHING RESIDENTIAL ON STREET PARKING PERMIT REGULATION PROGRAMS WHEREAS the Bozeman City Commission has adopted Ordinance No 1345 and Ordinance No 1376 creating a procedure for the establishment of a residential on street parking permit regulation program and WHEREAS the Bozeman City Commission has received a proposal to designate a specific area for the establishment of a residential on street parking permit regulation program pursuant to the provisions of Ordinance No 1345 and Ordinance No 1376 NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA Section 1 That the Montana State University Residential On Street Parking Permit Regulation Program is hereby established pursuant to this Chapter and the Bozeman City Commission hereby finds that the residential area described in Section 2 below is 1 predominantly residential in character 2 an area the streets of which are regularly congested with vehicles parked by persons not residing in the area and 3 an area where limiting the parking of vehicles along the public streets better provides adequate motor vehicle parking for residents of the area and the Bozeman City Commission further finds that the creation of a residential parking permit area in the residential area described in Section 2 below would further the following objectives 1 promote tranquility among commuters and residents 2 reduce noise 3 reduce traffic hazards and 4 reduce litter u nSection 2 That Chapter 10 32 of the Bozeman Municipal Code be amended by adding a section to be numbered 10 32 395 to read as follows Section 10 32 395 MONTANA STATE UNIVERSITY RESIDENTIAL ON STREET PARKING PERMIT REGULATION PROGRAM A The area designated pursuant to this Chapter as the Montana State University residential on street parking permit program and hereinafter referred to as MSU Residential District shall be as follows and as depicted on Exhibit A attached hereto listed streets and avenues include the full right of way unless specifically noted Beginning at the northwest corner of the intersection of South 12th Avenue and West Dickerson Street thence southerly to West Alderson Street thence westerly to South 13th Avenue thence southerly to the centerline of West College Street thence easterly along the centerline of West College Street to the centerline of South 8th Avenue thence southerly along the centerline of South 8th Avenue to the centerline of West Harrison Street thence easterly along the centerline of West Harrison Street to the centerline of South 6th Avenue thence southerly along the centerline of South 6th Avenue to the centerline of West Grant Street thence easterly along the centerline of West Grant Street to the alley between South 5th Avenue and South 6th Avenue thence southerly to the south right of way boundary of West Grant Street thence easterly along the south right of way boundary of West Grant Street to South 5th Avenue thence southerly to the north boundary of the Lincoln Street right of way thence easterly along the north boundary of the Lincoln Street right of way to the west right of way boundary of South Willson Avenue thence northerly along the west right of way boundary of South Willson Avenue to West Arthur Street thence westerly to South Grand Avenue thence northerly to West Cleveland Street thence westerly to South 3rd Avenue thence northerly to West Harrison Street thence westerly to South 4th Avenue thence northerly to West College Street thence westerly to the centerline of South 5th Avenue thence northerly along the centerline of South 5th Avenue to West Alderson Street thence westerly to South 6th Avenue thence northerly to West Dickerson Street thence westerly to South 12th Avenue the point of beginning B No vehicle other than emergency vehicles or vehicles providing services within the MSU Residential District or vehicles having a valid residential parking permit may park on any street within the MSU Residential District between the hours of 8 00 a m and 5 00 p m Monday through Friday except for legal holidays When 9J3ccific areas within the MSU Residential Distriot have more rcstriotive provisions as posted in the affooteEt areas the more restrictive regulations shall apply Whenever parking is otherwise regulated within the MSU Residential District the posted regulation shall apply C These regulations will be enforced by the Bozeman Police Department or designee D The Department of Public Service will post signs in accordance with the Manual on Uniform Traffic Control Devices that indicate the general nature ofthe restrictions 2 and the hours and days when the restrictions are in effect E Permits shall be issued for an annual permit year beginning August 1 F The amount of the permit fees shall be established by resolution G Permits shall be issued by the Bozeman Police Department or designee Permits may be issued for motor vehicles only upon application by a legal resident within the MSU Residential District who has a motor vehicle or vehicles registered in the applicant s name or who has a motor vehicle for the applicant s exclusive use and under the applicant s control and satisfying the requirements of Section 10 32 370 and 10 32 380 H No more than three visitor permits shall be issued annually to each single residential dwelling unit for use by visitor vehicles I Nonresidential uses may be provided with posted time limit parking as approved by the Director of Public Safety J Each business owner or individual employed within the MSU Residential District is eligible to purchase one residential permit K Annual visitor permits may be issued to nonresidential uses located within the district for circumstances not otherwise provided for within this ordinance L Upon request by a resident or employer within the MSU Residential District the Bozeman Police Department or designee may issue speoial visiter permits and special gathering permits bM Residential permits shall become void if either the owner operator of the vehicle moves out of the MSU Residential District or the owner operator of the vehicle sells the vehicle A permit holder who moves within the MSU Residential District or purchases another vehicle and desires to transfer the permit must apply for such transfer and pay the fee as established by resolution MN The MSU Residential District boundaries may be revised by ordinance Section 3 ReDealer All resolutions ordinances and sections of the Bozeman Municipal Code inconsistent herewith are hereby repealed Section 4 Severabilitv If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and 3 unto this end the provisions of this ordinance are declared to be severable Section 5 Effective Date This ordinance shall be effective thirty 30 days after second reading and final adoption as provided by law PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman Montana at a regular session thereof held on the 6th day of December 1993 TIMOTHY SWANSON Mayor ATTEST ROBIN L SULLIVAN Clerk of the Commission FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman Montana at a regular session thereof held on the 7th day of March 1994 ATTEST ROBIN L SULLIVAN Clerk of the Commission APPROVED AS TO FORM 4 State of Montana County of Gallatin City of Bozeman I Robin L Sullivan Clerk of the Commission of the City of Bozeman Montana do hereby certify that the foregoing Ordinance No 1377 was published by title and number in the Bozeman Daily Chronicle a newspaper of general circulation printed and published in said City in the issue dated the 10th day of March 1994 and due proof of such publication is on file in my office IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office ROBIN L SULLIVAN Clerk of the Commission 5