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H.5. Ord 1822 - Amending Code Bus Load ZonePublic Works 201 Pl Avenue East PO Box 1997 Kalispell, MT 59903 Phone: 406-758-7720 www.kalispell.com /public works MEMORANDUM To: Doug Russell, City Manager From: Susie Turner, Public Works Director Re: Ordinance 1822, Amending City Code Regarding Permitting for the Permanent Use of Reserved Parking Spaces Meeting Date: February 19, 2019 Background: The City Code language for 17-82 Parking Spaces for Taxicabs, Buses and Delivery Vehicles; Permits for; Unlawful Use Prohibited, was reviewed with Council at the January 28, 2019 Work Session. Two topics were discussed and Council provided direction to staff on both topics. The first included removal of the $15 per month charge for each parking space covered under a permit. The second involved allowing the Public Works Department to administer and grant permits as long as there was new language ensuring a process for public notice, comment, and appeal. Proposed Ordinance 1822, attached, provides revisions to Code 17-82 that take into account Council's comments and direction as stated above. RECOMMENDATION: It is recommended that Council approve the first reading of Ordinance 1822, an Ordinance amending 17-82 Parking Spaces for Taxicabs, buses and delivery Vehicles; Permits for; Unlawful Use Prohibited. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance No. 1822 ORDINANCE NO. 1822 AN ORDINANCE AMENDING ORDINANCE NO. 989 § 1 CODIFIED AT CHAPTER 17 OF THE KALISPELL MUNICIPAL CODES ENTITLED MOTER VEHICLES AND TRAFFIC REGARDING THE REGULATION OF PARKING SPACES AND LOADING ZONES FOR TAXICABS, BUSES AND DELIVERY VEHICLES UPON THE PUBLIC RIGHT-OF-WAY WITHIN THE CITY OF KALISPELL, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, it is in the best interests of the City and its residents and visitors that its ordinances which regulate parking spaces and loading zones for taxicabs, buses and delivery vehicles upon the public right-of-way within the City of Kalispell be reassessed and updated from time to time to ensure that the purposes of the regulation and the interests of the public are being properly served; and WHEREAS, pursuant to Kalispell Municipal Code Chapter 17, entitled Motor Vehicles and Traffic, the City of Kalispell regulates parking spaces and loading zones for taxicabs, buses and delivery vehicles upon the public right-of-way for the purpose of ensuring that the public safety and welfare in the public right-of-ways of the City are not compromised by such use; and WHEREAS, the Kalispell City Council finds that the amendments to KMC Chapter 17 set forth in Exhibit "A", attached hereto, are necessary and proper to protect the safety and welfare of the public using the public right-of-ways in the City of Kalispell. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell Municipal Code is hereby amended as set forth in Exhibit "A", attached hereto and incorporated fully herein by this reference. SECTION 2. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 4TH DAY OF MARCH, 2019. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk EXHIBIT "A" 17-82 Parking Spaces for Taxicabs, Buses and Delivery Vehicles; Permits for; Unlawful Use Prohibited. A. Permit: The City may grant to any person, agency or business a permit for the permanent use of a reserved parking space on a public street or City owned or operated off- street parking lot for use of a taxicab, bus, delivery vehicle or similar commercial vehicle or device used for the transportation of persons or property. B. Application: A person desiring such a permit shall make a complete application therefor to the City Getineil Public Works Department, setting out the name and address of the applicant, the business or other purpose for which the parking space will be utilized, the number and location of the parking spaces desired, certified list of property owners within 150 feet, and any other information deemed pertinent to the application. A permit will be granted only if it serves a public purpose. C. The Public Works Administrator shall: (a) Accept the completed application; 1. Mail written notice to all property owners within 150 feet of the subject location providing at least 15 days for formal comment (where the subject property abuts a public right-of-way, the 150 foot measurement shall be in addition to the right-of-way along the abutting side) II_ Review the application pursuant to the review criteria contained in the permit requirements, and III. The applicant shall be responsible for paying a fee for the cost to mail the public notices, if public notices is applicable, as part of the permit process. (b) If no public comment is received, the Permit Administrator shall approve, conditionally approve, or den.. t�pplication as appropriate. (c) If public comment is received. the Permit Administrator shall contact the applicant. L If the comment can be satisfactorilv resolved by additional information or appropriate conditions, the Permit Administrator shall approve, conditionallyqpprove, or den.. t�pplication as appropriate. 11. If the comment is of substance and cannot be mitigated, the Permit Administrator shall approve, conditionally approve, or deny the application as appropriate. d) If the applicant wishes to anneal the Permit Administrator's decision regarding the application, the application shall be forwarded to the Public Works Director for consideration. If the comment is of substance and cannot be mitigated, the Public Works Director's recommendation shall be forwarded to the City Council for a determination as to whether the permit should be approved, conditionally approved, or denied. Any appeal by the applicant must be submitted in writing to the Public Works within 30 days from the date the hermit was issued or denied. E.D. Grant of Permit; Revocation: If the City C;et e l Public Works Permit Administrator finds that a public benefit will be served thereby, it may grant such a permit, designating the parking spaces to which applicable and such other conditions as may be deemed reasonable to the use thereof. Unless stated otherwise in the grant of the permit, same shall be permanent until revoked by the City mil. The City Cotineil may revoke any such permit at any time upon thirty (30) days' written notice to the permittee. flonpayment of any Pe red hereby for- a period of sixty (60) days shall be gFE)rds f r feveeation of ,,otieo A permittee may surrender and terminate a permit at any time by written notice thereof to the Public Works Permit Administrator. D. Fee. Any per -son gfanted a pefmit her-etindef shall pay ther-efef a fee of fifteen dellafs mit shall be in fefee. E. Parking Space Defined: For the purpose of this section, "parking space" is defined to be a space or stall of twenty-two (22) feet in length, measured along the curb line of the street or avenue where parallel parking is used or permitted, and a space or stall of twelve and one-half (12 1/2) feet in length measured along the curb line of the street or avenue where forty-five (45) degree angle or other angle parking is used or permitted. F. Installation of Signs: The street superintendent shall install in parking spaces covered by any permit granted hereunder, appropriate and uniform signs clearly designating the existence and boundary of the area covered thereby and the identity of the permittee. The permittee shall reimburse the City for the actual expenses incurred in the installation of the signs, etc.; all such signs, etc., shall be removed by the City promptly whenever any permit is revoked or terminated. G. Use by Permittee: Any parking space covered by a permit granted hereunder may be used by the permittee, his or her employees or agents only; any other person using such parking space at any time shall be guilty of a misdemeanor. The provisions of Section 17-79 of this article apply to all violations of this section. The vehicles of a permittee, his or her employees or agents shall be clearly identifiable as such while using any parking space covered by such permit.