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Home My WebLink About10-149APRIL 27, 2010 10 -149 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAW PURPOSE: REPEAL AND RECREATE SECTION 2 -50 OF THE MUNICIPAL CODE RELATING TO DUTIES AND RESPONSIBILITIES OF THE PARKING UTILITY COMMISSION INITIATED BY: PARKING UTILITY COMMISSION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTION 2 -50 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING UTILITY COMMISSION The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 2 -50 of the Oshkosh Municipal Code pertaining to the Parking Utility Commission be repealed and recreated as follows: SECTION 2 -50 PARKING UTILITY COMMISSION (A) Membership and Terms The Commission shall consist of five (5) city council member. The Transportation the Commission Coordinator and shall members shall serve for a term of 3 yE serve for a term of one (1) year. members, one of whom shall be a Director or designee shall serve as iot have voting privileges. Citizen ars and the council member shall (B) Jurisdiction (1) The Commission shall have jurisdiction over off - street parking in the following municipal parking lots: (a) Algoma Lot, at the southeast corner of the intersection of Algoma Boulevard and Brown Street (b) Ceape Lot, at the northeast corner of the intersection of Ceape Avenue and State Street (c) Grand Lot, on High Avenue bordering the Grand Opera House to the west (d) High Avenue Lot, between High Avenue and Pearl Avenue, and west of Market Street (e) Hotel Ramp, connected to the City Center hotel at 1 North Main Street (f) Jefferson Lot, at the southwest corner of Jefferson Street and Merritt Avenue APRIL 27, 2010 10 -149 ORDINANCE FIRST READING CONT'D (g) Library Lot, on Jefferson Street bordering the Library building to the north (h) Otter Lot, at the northwest corner of the intersection of Otter Avenue and State Street (i) Otter East Lot, on the south side of Otter Avenue between State Street and Court Street Q) Riverside Lot, on the south side of Ceape Avenue, bordering the Oshkosh Convention Center on the east (k) State Street Lot, on the east side of State Street between Waugoo Avenue and Washington Avenue (1) Washington Avenue Lot, at the southwest corner of the intersection of State Street and Washington Avenue (m)400 Block West Lot, on the east side of Division Street between Church Avenue and Algoma Boulevard (n) Division Street Lot, at the northwest corner of Church Avenue and Division Street (o) 8th Avenue Lot, on the north side of 8th Avenue, east of Oregon Street (p) 9th Avenue Lot, behind the west side of Oregon Street between 9th Avenue and 10th Avenue (q) 10th Avenue Lot, on the south side of 10th Avenue, east of Oregon Street (2) The Commission shall have jurisdiction over off - street parking in the following private parking lots, according to filed agreements with the respective property owners: (a) City Center Lot, at the southwest corner of Market Street and Pearl Avenue (b) Pearl Avenue Lot, at the northwest corner of Main Street and Pearl Avenue (c) Recreation Department Lot, on the west side of Division Street between Church Avenue and Algoma Boulevard (3) The Commission shall not have jurisdiction over off - street parking areas wholly included in the boundaries of a municipal park. The Commission shall also not have jurisdiction over the Riverside East Lot (adjacent to the Leach Amphitheater, south of Ceape Avenue and east of Court Street). (4) The Commission shall not have jurisdiction over parking lots on municipal property designated to exclusively serve City facilities, including but not limited to City Hall, and the Safety Building. APRIL 27, 2010 10 -149 ORDINANCE FIRST READING CONT'D (5) The Commission shall have jurisdiction over any on- street parking where payment is required, so long as those areas are not governed by other agreements. On- street parking issues related to safety and traffic flow shall be reviewed by the Traffic Review Advisory Board. (C) Duties and Responsibilities The Parking Utility Commission shall: (1) advise City staff and the Common Council with respect to the goals and objectives of public parking in the City, as it pertains to the parking areas under its jurisdiction. (2) advise the Common Council on all matters involving the operations of parking areas under its jurisdiction, including establishment of parking rates, time limits, availability of and requirements for leased and permit parking, and parking violation fines. (3) recommend to the Common Council all matters involving the Parking Utility Commission's inventory of infrastructure, including acquisition and disposition of land, proposed property improvements, and investments in revenue collection technology. (4) review all requests to restrict access to parking areas under its jurisdiction, and provide recommendations to the Common Council as to whether such reservations are consistent with the goals and objectives of public parking in the City. (5) review financial reports pertaining to the operations of the Parking Utility (D) Fiscal Responsibility (1) Revenues from activities under the jurisdiction of the Parking Utility Commission shall be credited to the Parking Utility Commission operations budget. (2) Any capital improvement projects, to the extent that those projects have been designated by the Common Council as being funded by the Parking Utility Commission, shall be part of the Parking Utility Commission's fiscal responsibility. (E) Coordination with Other Governmental Units (1) Any recommendations by the Parking Utility Commission for changes in the duration of on- street parking shall obtain an advisory review from the Traffic Review Advisory Board. APRIL 27, 2010 10 -149 ORDINANCE FIRST READING CONT'D (2) Prior to acting on the operating budget, recommended capital improvements, or acquisition or disposition of land for municipal parking, the Common Council shall obtain an advisory review from the Parking Utility Commission. SECTION 2. This ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #10 -XXX (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTION 2 -50 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO THE PARKING UTILITY COMMISSION), on May 11, 2010. The ordinance repeals and recreates Section 2 -50 of the Oshkosh Municipal Code to define the Parking Utility Commission's duties and responsibilities. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us Clerk's phone: 920/236 -5011. i of Oshkosh - Trans 926 Dempsey Trail, Oshkosh, WI 54902 MEMORANDUM TO: Mark Rohloff, City Manager FROM: Christopher Strong, P.E., Director of Transportation DATE: April 21, 2010 0 Of HKO H ON THE WATER RE: REVISIONS TO SECTION 2 -50 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO THE PARKING UTILITY COMMISSION Section 1: Section 27 -50 — Parkiniz Utility Commission As was discussed at the January Parking Utility Commission meeting, I have worked with the City Attorney's office to develop updated language for Section 2 -50 of the Oshkosh Municipal Code, which covers the role and responsibilities of the Parking Utility Commission. The need for an update was noted when the Commission revoked its by -laws in 2009. The primary changes are as follows: • The new ordinance adds a subsection (B), which seeks to define more explicitly which parking lots are within the jurisdiction of the Parking Utility. Subsection (B)(1) includes lots traditionally managed by the Parking Utility which are on City -owned property. Subsection (B)(2) includes lots which are traditionally managed by the Parking Utility, but are not owned by the City. Subsection (B)(3) assigns responsibility of the Riverside East lot and other parking areas in City parks to the Parks Department. Subsection (B)(4) exempts the Parking Utility from managing other City -owned parking areas. Subsection (13)(5) creates a provision where the Parking Utility Commission has jurisdiction over any on -street parking area involves payment of money. This language would ensure that the Parking Utility Commission has input on future decisions with respect to any future introduction of pay and display parking systems on City streets. • The duties and responsibilities subsection (subsection (C)) has been modified to focus on the Commission's advisory role in a variety of areas. Subsection (C)(1) would ensure that the Parking Utility Commission has input on strategic (long -term) decisions with respect to municipal parking. Subsections (C)(2) and (C)(3) are similar to language in the existing ordinance. Subsection (C)(4) gives the Commission a new ability to provide input on requests for restricted uses of municipal parking areas. The Waterfest summer concert series is an example of requests that come up from time to time. Subsection (C)(5) reflects current practice. City of Oshkosh — Department of Transportation The fiscal responsibility subsection (subsection (D)) marks a change in philosophy from the existing ordinance. The current municipal code requires the Parking Utility to cover its costs, which the Utility does not do and is not projected to do in the near future. Under the proposed revision, subsection (D)(1) focuses on the idea that Parking Utility revenue be directed toward Parking Utility activities, instead of being viewed as a potential "cash cow" for other municipal activities. The purpose of subsection (D)(2) relates to future major capital expenditures related to municipal parking. Under recent practice, the Parking Utility has not been fiscally responsible for capital improvements made to municipal parking areas. This subsection states that the Parking Utility will be fiscally responsible for these in the future, only if the Common Council authorizes it to be so. The proposed ordinance adds a new subsection (E), which discusses how the Parking Utility Commission's roles relate to the Traffic Review Advisory Board and the Common Council. This borrows from language used in Section 2 -51 of the Municipal Code, which relates to the Advisory Park Board. I believe the changes provide a better framework for defining the current practice of the Parking Utility Commission, as well as the scope of responsibility it should have in the future. Passed by Parking Utility Commission (3 -0) City of Oshkosh — Department of Transportation