City council looked over multiple versions of an ordinance to establish a Spring Street Parking District at the Monday, Nov. 29, meeting, including the Planning Commission’s original ordinance and a revised version of the ordinance that City Attorney Forrest Jacobi presented at the last meeting.
Jacobi said he rewrote his version of the ordinance to make it more enforceable. Alderman Melissa Greene asked if Planning had seen his version. “No, but they don’t seem interested in what I rewrite,” Jacobi said. “So, since they don’t send me their ordinances, I don’t send them mine.”
Alderman Harry Meyer said that council gets to see the ordinance from Planning first and make changes through its three readings. He also, before the ordinance had been assigned a number, said he wished there to be no discretion in the fine amount.
Alderman Terry McClung motioned to assign the ordinance and number and have it read for passage, allowing proper discussion. The original reading was from Planning’s version of the ordinance, although Planning Chair Ann Tandy-Sallee had to provide council with the correct version, as the one given to alderman was older.
Ordinance 2332, before revisions, creates the parking district on upper Spring Street with parking allowed through a permit process. It provides that no oversized vehicles may be in parking zones without a special permit issued through the police department. It also establishes that residential permits may not be transferred, and that doing so may cause an individual to lose privilege. Any breaking of the ordinance will result in citation and a fine of up to $70.
The confusion over which version of the ordinance to read caused Tandy-Sallee and City Clerk Ann Armstrong to move away from the microphones.
Jacobi immediately argued the version was unenforceable, saying that city code follows state code, and the line at the end of the ordinance saying that other ordinances and resolutions would be in conflict, should be repealed to the extent that the ordinance would result in the city unable to issue traffic fines. When McClung asked if that section could be reworded, Jacobi said, “It should be reworded. That’s why we’re here.”
As Jacobi continued to reference issues with the ordinance, Armstrong pointed out that what Jacobi was looking at was the incorrect version of the ordinance and handed off the version that was read at the table.
When looking at the version read, Jacobi said that city code does not specify fines, and including a fine within the ordinance, as well as the line saying that other ordinances and resolutions in conflict should be appealed, would result in all parking codes to be repealed in the city.
Alderman Autumn Slane pointed out that this new district is a test run to see what is applicable across the city and repealing other parking rules for this one street might be what council wants to do. Meyer agreed and said that since the ordinance says the district is on Spring Street, he didn’t see how it repeals code across the city. He suggested even saying that this is only applicable in the district.
Jacobi said there are other issues and Meyer suggested going through them “one at a time.” Jacobi replied “Okay, we can knock them off. Did you bring your lunch?”
The biggest issue came down to whether permits should be stickers, hangtags, or both, with Jacobi voicing dissent to the use of hangtags. McClung motioned to have resident permit holders use stickers with dated hangtags to be used for temporary guest permits. The motion to add the provision to the ordinance passed unanimously.
Jacobi voiced issue with the text in Section 7 that gave penalties for a permit holder attempting to sell or transfer their permit with a multi-year ban from permit use. McClung suggested taking out all penalties and simply saying that residential parking permits are non-transferrable. Greene asked if a fine should be included, and Jacobi said that the Police Department has the discretion to fine for parking violations. Removal of all other text under Section 7 beyond the heading passed 4-3 with Berry having to break the tie. Slane, Meyer, and alderman David Avanzino voted No.
McClung suggested that council pass the ordinance with the revisions made so that it is under council’s belt and the district is on its way to being established. He and Meyer both pointed out there are two more readings, and McClung said there is opportunity for aldermen to come to the table with changes. A motion to pass the ordinance for first reading went through unanimously.
Other Items
- All seven entrants to the food truck lottery won.
- In Public Comments, resident Karen Lindblad once again stated her displeasure that $250,000 was committed by council in 2021 to the construction of a roundabout at the intersection of Hwy. 23 and US 62. Incoming City Clerk Ida Meyer requested that the city website be updated to be more easily navigable, and Sharon Lawler, owner of the Bridgeford House asked that spots in front of the B&B be allowed for use in the resident parking district as they have often used those spots for guests with mobility issues.