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1. Ordinance 1692 - Parking Commission and Private Parking Lots - 2nd Reading-V �"-dam' Tel 406.758.7709 Fax 406.758.7771 charbalI @kalispel 1.com Mayor Tammi Fisher and Kalispell City Council Charles Harba.11, City Attorney Jane Howin.gton, City Manager Ordinance No. 1692 - an Ordinance Regulating Parking Lots within the City that Provide Public Parking w Second Reading March 7. 2011— regular Council Meeting BACKGROUND: :Kalispell Parking Commission was established to monitor and regulate parking, both onstreet and offstreet, within the downtown Kalispell area. It has been determined by Council at various times that there is an ongoing need for offstreet parking in this area. The City owns some parcels that it utilizes for offstreet parking that the Parking Commission supervises and regulates. The Parking Commission has also successfully negotiated agreements with private harking lot owners in which the owners have agreed to provide additional parking to the public in exchange for having the Parking Commission manage and regulate the usage of the parking lot. In order to give the Parking Commission the requisite authority to adequately enforce the regulations, it is necessary to amend the existing harking ordinance as set forth. RECOMMENDATION: That City Council give consideration to and pass Ordinance No. 1692 on second reading. The ordinance shall become effective 30 days thereafter. FISCAL IMPACTS: There are no anticipated fiscal impacts to the City from this proposed ordinance. Respectfully submitted, ChaP/ le a Qit�yAttorney ane Howington, City Mana r AN ORDINANCE TO AMEND SECTION 17-54, KALISPELL CITY CODE, BY ADDING SUBSECTION . kLOTS PROVIDEWITHIN THE CITY THAT /' AUTHORITY TO THE KALISPELL PARKING COMMISSION TO SUPERVISE AND REGULATE SUCH PARKING LOTS, ,• DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has all the general powers provided to it pursuant to MCA 7- 1-4124 including the authority to enact ordinances, own real property, enter into contracts and leases and enforce its ordinances and regulations; and WHEREAS, the City of Kalispell, pursuant to MCA 7-14-4601 created the Kalispell Parking Commission for the purposes of regulating onstreet and offstreet parking in a coordinated manner. WHEREAS, the City of Kalispell owns parcels of real property within the city that are utilized for the purposes of public parking; and WHEREAS, the City of Kalispell, through its duly authorized parking commission, has agreements with private property owners in which public parking is provided on private property; and WHEREAS, it is in the best interest of the citizens and visitors to the City of Kalispell that adequate offstreet parking facilities be provided and adequately regulated by the Kalispell Parking Commission. BE 1T ORDAINED BY TGIF CITY COUNCIL OF TPIL CITY OF KALISPELL AS FOLLOWS SECTION I. Section 17-54 of the Kalispell City Code is hereby amended to add a subsection 17-54-1 to read as follows: " 17-54-1 — offstreet Parking Regulation A — City Owned Parking Lots — The Kalispell Parking Cornrmission is given the authority to manage, including the promulgation of regulation, and supervise all parking of motor vehicles in city owned parking lots. It shall have the duty to adequately and appropriately sign all lots with clearly visible information to all users of the parking lot regarding hours of operation, time limits and fines for violating the terms of use. The parking commission shall further have the duty to enforce the parking regulations of the parking lots. violations shall be deemed civil infractions subject to the terms of KMC 1--2. P — Privately Owned Parking Lots with Public Parking Provisions — The Kalispell Parking Commission is given the authority to enter into leases or user agreements with owners of private parking lots in which public parking, by agreement with the property owner, is provided. It shall then have the authority to manage, including the promulgation of regulation, and supervise the paring of motor vehicles within those private parking lots to the extent of the agreement with the private owner. It shall have the duty to adequately and appropriately sign such private lots with clearly visible information to all users of the parking lot regarding hours of operation, time limits and fines for violating the terns of use. The parking commission shall further have the duty to enforce the paring regulations of these private parking lots. Violations shall be deemed civil infractions subject to the terms of KiC 1-2." SECTION II. All other portions of Section 17-54, Kalispell City Code, shall remain unchanged. SECTION III.This ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED .AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 7TH DAY OF MARCH, 2011. ATTEST: Theresa white City Clem Tamrni Fisher Mayor