1. Ordinance 1709 - Parking Commission - 2nd ReadingCharles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, NIT 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
SUBJECT: Ordinance No. 1709 — an Ordinance Dissolving the Kalispell
Parking Commission and Creating the Kalispell Parking
Advisory Board — Second Reading
MEETING DATE: December 19, 2011 — Regular Council Meeting
BACKGROUND: Pursuant to Title 7, Chapter 14, Part 46 MCA, the Kalispell Parking
Commission and the Special Parking District No. 12 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 second reading.
FISCAL IMPACTS: The city staff is anticipating cost savings through savings in rent
and job functions.
Respectfully submitted,
IT
Charles"HaA`all, City Attorney )FJane Howington, City Maner
WHEREAS, pursuant to Title 7, Chapter 14, Part 46 MCA, the Kalispell Parking Commission
was established on the 21S` 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 •
_ FOLLOWS:
_ •
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't to April 30`h
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 19TH DAY OF DECEMBER, 2011.
Tanimi Fisher
Mayor
Theresa White
City Clerk