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07. Ordinance 1709 - Parking Commission - 1st ReadingMIF Charles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 TO: Mayor Tammi Fisher and Kalispell City Council FROM: Charles Harball, City Attorney Jane Howington, City Manager Tel 406.758.7709 Fax 406.758.7771 charball@kalispell.com QUBJECT: Ordinance No. 1709 — an Ordinance Dissolving the Kalispell Parking Commission and Creating the Kalispell Parking Advisory Board — First Reading MEETING DATE: December 5, 2011 — Regular Council Meeting BACKGROUND: Pursuant to Title 7, Chapter 14, Part 46 MCA, the Kalispell Parking Commission and the Special Parking District No. 2 were established in 1993. The city staff and the Kalispell Parking Commission are now jointly recommending that critical cost savings will likely be realized by dissolving the Commission, having its functions assumed under the Kalispell Police Department and creating a Parking Advisory Board to provide advice and recommendations regarding on and off street parking to the Kalispell City Council. Pursuant to MCA 7-14-4616 the Kalispell City Council has the authority to wind up the affairs of the Kalispell Parking Commission and to assume its functions and obligations. The Kalispell Parking Commission has no outstanding financial obligations in the form of debt or duties. The off street parking facilities managed by the Commission are owned by the City of Kalispell. RECOMMENDATION: That City Council give consideration to and pass Ordinance No. 1709 on first reading. FISCAL IMPACTS: The city staff is anticipating cost savings through savings in rent and job functions. Respectfully submitted, ChAP16s"Harball, City Attorney Jane Howington, City Manager Ira �1 1 46 • 1 i• ;i �1 1 1; WHEREAS, pursuant to Title 7, Chapter 14, Part 46 MCA, the Kalispell Parking Commission was established on the 21" day of June, 1993 by Resolution No. 4105 and the Special Parking District No. 2 was established on the 19`h day of July, 1993 by Resolution No. 4110; and WHEREAS, city staff and the Kalispell Parking Commission are jointly recommending that critical cost savings will likely be realized by dissolving the Commission, assuming those functions under the Kalispell Police Department and creating a Parking Advisory Board to provide advice and recommendations regarding on and off street parking to the Kalispell City Council; and WHEREAS, pursuant to MCA 7-14-4616 the Kalispell City Council has the authority to wind up the affairs of the Kalispell Parking Commission and to assume its functions and obligations; and WHEREAS, the Kalispell City Council hereby finds that the Kalispell Parking Commission has no outstanding financial obligations in the form of debt or duties, that the off street parking facilities are owned by the City of Kalispell, that savings may be realized by bringing the functions of the Commission into the Kalispell Police Department and that a parking advisory board will provide a similar benefit to the City as provided by the Commission. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FOLLOWS:AS SECTION I. The Kalispell Parking Commission established by Resolution No. 4105 is hereby dissolved and the Special Parking District No. 2 established by Resolution No. 4110 is hereby terminated. All references in the Kalispell City Code to the Kalispell Parking Commission in terms of enforcement shall be replaced by Kalispell City Police Department. SECTION II. A five (5) member Parking Advisory Board shall be established to provide advice and recommendations to the Kalispell City Council regarding on street and off street parking, said board to meet as necessary. The personnel currently serving on the Commission shall continue to serve on the Advisory Board until May 1, 2012. The Kalispell City Council shall solicit letters of interest annually from City residents and owners of businesses located in the City to fill the five seats with terms running from May I" to April 301h. SECTION III. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS DAY OF DECEMBER, 2011. Tammi Fisher Mayor Theresa White City Clerk