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HomeMy WebLinkAbout2008 01 14 Regular 600 Resolution 2008-01 Nine Month Study on Effects of On-Street ParkingCOMMISSION AGENDA ITEM 600 January 14, 2008 Meeting Consent Informational Public Hearing Regular x Mgr. / Att. / Dept. REQUEST: The City Attorney requests that the City Commission adopt Resolution 2008-01, authorizing the City Manager and Police Department to conduct a nine month study on the effects of on-street parking on City roads within certain study areas within the City. PURPOSE: Pursuant to the City Commission's previous direction on December 10, 2007, this Resolution authorizes the City Manager and Police Department to conduct a study of the effect of on-street parking on certain streets within the City, the results of which will be presented to the City Commission. APPLICABLE LAW AND PUBLIC POLICY: Florida Municipal Home Rule Powers Act: Chapter 166, Florida Statues. Chapter 12, Article II, Section 12-26 of the City Code. Chapter 12, Article III, Section 12-65 of the City Code. CONSIDERATIONS: It has been brought to the attention of the City Commission that there may be unintended adverse effects from the current prohibition ofparking vehicles on roads in the City. Thus, the City Commission has expressed a desire to further investigate the impacts of the stated prohibition and has previously given direction to conduct the study pending the formal adoption of a resolution. This Resolution would authorize a nine (9) month study to be conducted by the City Manager and City Police Department. Page 1 of 2 The study would only be conducted on the streets within the following study areas: a. Oak Forest b. Mount Greenwood c. North Orlando Terrace Additionally, the Resolution contains the minimum study requirements and requires that the City Manager and Police Department submit a written report to the City Commission. The report will be considered at a future City Commission meeting, at which time the City Commission can determine what actions need to be taken, if any. Finally, this Resolution provides an emergency provision where the City would be able to prohibit on-street parking within the study areas in the event of an emergency or in order to safeguard the public health, safety, and welfare. This Resolution has been reviewed and approved by the City Manager, Captain Tolleson, and the City Engineer. STAFF RECOMMENDATION: The City Attorney recommends that the City Commission approve Resolution No. 2008-01 to formalize the previous direction given by the City Commission. ATTACHMENT: Resolution No. 2008-01 COMMISSION ACTION: At the City Commission meeting on December 10, 2007, the Commission expressed its desire to have an on-street parking study conducted by the City Manager and City Police Department. This Resolution memorializes that desire. Page 2 of 2 RESOLUTION NO. 2008-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING THE POLICE DEPARTMENT TO CONDUCT A NINE MONTH STUDY ON THE EFFECTS OF ON-STREET PARKING ON CERTAIN ROADS WITHIN THE CITY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2(b), Article VIII, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Police Department is charged with the duty to develop means to improve traffic conditions pursuant to section 12-26 of the City Code; and WHEREAS, it has been brought to the attention of the City Commission that there maybe unintended adverse effects from the current prohibition of parking vehicles on certain roads in the City; and WHEREAS, the Commission desires to further investigate the impacts of the current prohibition by authorizing a nine (9) month study to be conducted by the City Manager and City Police Department; and WHEREAS, the study shall be conducted on those streets which support on-street parking, as provided herein; and WHEREAS, the City Commission of the City of W inter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Authorizing Study. A. The City Manager and Police Department of the City of Winter Springs are hereby City of Winter Springs Resolution No. 2008-01 Page 1 of 3 authorized to conduct a nine (9) month study on the effects of Section 12-65, Winter Springs Code (prohibition of parking vehicles on roadways), subject to the conditions set forth in paragraph B. B. The study shall be conducted with the following requirements: 1. On-street parking shall only be allowed in the following study areas during the nine (9) month period: a. Oak Forest b. Mount Greenwood c. North Orlando Terrace 2. Notice of the study shall be given to each affected homeowner residing in each of the respective areas. At a minimum, the notice shall include: a. A summary of the study; b. The period of time the study will remain in effect; c. A map of the affected areas; and d. Reference to the public hearing that will result at the conclusion of the study. 3. The City Manager and Police Department shall evaluate the impact that on-street parking has within the study areas including, but not limited to, an evaluation of the frequency and time of on-street parking demands, traffic incidents involving vehicles parked on-street, traffic flow, and calming effects and feedback by residents within the study areas. 4. The study shall commence within thirty days of the effective date of this Resolution. C. Upon completion of the study, the City Manager and Police Department shall summarize the findings of the study in a written reports which shall be presented to the City Commission as a Commission agenda item. During the City Commission meeting at which the agenda item is considered, the City Commission will hear from the City Manager, Police Department, and any interested person. Section 3. Emergency/Public Safety Situations. Nothing herein shall prohibit the City from prohibiting on-street parking within the aforementioned study areas in the event of an emergency or in order to safeguard the public health, safety, and welfare. City of Winter Springs Resolution No. 2008-0 l Page 2 of 3 Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this day of January, 2008. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2008-01 Page 3 of 3 RESOLUTION NO. 2008-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING THE POLICE DEPARTMENT TO CONDUCT A NINE MONTH STUDY ON THE EFFECTS OF ON-STREET PARKING ON CERTAIN ROADS WITHIN THE CITY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2(b), Article VIII, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Police Department is charged with the duty to develop means to improve traffic conditions pursuant to section 12-26 of the City Code; and WHEREAS, it has been brought to the attention of the City Commission that there may be unintended adverse effects from the current prohibition of parking vehicles on certain roads in the City; and WHEREAS, the Commission desires to further investigate the impacts of the current prohibition by authorizing a nine (9) month study to be conducted by the City Manager and City Police Department; and WHEREAS, the study shall be conducted on those streets which support on-street parking, as provided herein; and WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Authorizing Study. A. The City Manager and Police Department of the City of Winter Springs are hereby City of Winter Springs Resolution No. 2008-01 Page 1 of 3 authorized to conduct a nine (9) month study on the effects of Section 12-65, Winter Springs Code (prohibition of parking vehicles on roadways), subject to the conditions set forth in paragraph B. B. The study shall be conducted with the following requirements: 1. On-street parking shall only be allowed in the following study areas during the nine (9) month period: a. Oak Forest b. Mount Greenwood c. North Orlando Terrace 2. Notice of the study shall be given to each affected homeowner residing in each of the respective areas. At a minimum, the notice shall include: a. A summary of the study; b. The period of time the study will remain in effect; c. A map of the affected areas; and d. Reference to the public hearing that will result at the conclusion of the study. 3. The City Manager and Police Department shall evaluate the impact that on-street parking has within the study areas including, but not limited to, an evaluation ofthe frequency and time of on-street parking demands, traffic incidents involving vehicles parked on-street, traffic flow, and calming effects and feedback by residents within the study areas. 4. The study shall commence within thirty days of the effective date of this Resolution. C. Upon completion of the study, the City Manager and Police Department shall summarize the findings of the study in a written reports which shall be presented to the City Commission as a Commission agenda item. During the City Commission meeting at which the agenda item is considered, the City Commission will hear from the City Manager, Police Department, and any interested person. Section 3. Emergency/Public Safety Situations. Nothing herein shall prohibit the City from prohibiting on-street parking within the aforementioned study areas in the event of an emergency or in order to safeguard the public health, safety, and welfare. City of Winter Springs Resolution No. 2008-01 Page 2 of 3 Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. DONE AND ADOPTED in regular session ofthe City Commission ofthe City of Winter Springs, Florida, this 14th day of January, 2008. t- i ;G~ A LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the Cit Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2008-01 Page 3 of 3