4. Resolution 4781 - Parking Commission Appointmentsy, City of Kalispell
ray+
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406) 758-7000 Fax - (406) 758-7758
1
REPORT TO: Honorable Mayor and City Council
FROM: Chris Kukulski, City Manager
SUBJECT: Resolution 4781 Parking Commission Appointments
MEETING DATE: April 21, 2003
BACKGROUND: In order to clarify who can be appointed to the parking commission board,
the attached resolution has been drafted for Council's review. State law requires that when a
parking commission is created the board members must be electors within the city. However,
Montana law has virtually no restrictions on board replacements once the commission is up and
running (see attached memo from Mr. Hickel).
After reviewing resolutions from cities within Montana, I believe that the language utilized by
Billings best represents who should be eligible candidates for the parking commission. Simply
stated, if you are either an elector of the City or own property within the area that is influenced
by parking commissions decisions (parking jurisdictional area) you are eligible to be appointed
to the board under the proposed resolution. Board appointments shall be made by the Mayor
with the consent of the Council.
We are asking that individuals interested serving on the parking commission apply to the City
Clerk no latter than Friday, May 9, 2003. Board appointments will be made during the regularly
scheduled May 19, 2003 Council meeting.
RECOMMENDATION:
Respectfully submitted,
Chris A. Kukulski, City Manager
RESOLUTION NO.4781
A RESOLUTION SETTING FORTH THE COMPOSITION OF THE PARKING
COMMISSION AND QUALIFICATIONS AND TERMS OF ITS APPOINTED
COMMISSIONERS.
WHEREAS, on June 21", 1993 by Resolution 4105 the City Council declared the need for a
Parking Commission pursuant to MCA § 7-14-4601 and thereby established said
Commission and jurisdictional area; and
WHEREAS, the City of Kalispell considers it desirable to further define the composition of the
Parking Commission as well as the qualifications and terms of its appointed
commissioners; and
WHEREAS, the City of Kalispell determines that it is therefore necessary and desirable to make
new appointments to the entire Parking Commission at this time to give effect to this
Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The Parking Commission shall be composed of five (5) members who shall
be electors of the City of Kalispell or own real property within the
jurisdictional area of the Parking Commission. They shall be appointed by
the mayor with the consent of the City Council for a term of four (4) years.
The terms of the commissioners shall be staggered and the mayor shall limit
the terms of the first members as follows: one (1) member's term will expire
at the end of the first year; one (1) member's term will expire at the end of
the second year; one (1) member's term will expire at the end of the third
year; and two (2) members' terms will expire at the end of the fourth year.
After the initial appointments have been made all terms shall begin May 1st
SECTION IL The currently appointed commissioners shall remain as the duly appointed
Parking Commission until the new commission has been appointed.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 21" DAY OF APRIL, 2003.
Pamela B. Kennedy
Mayor
Theresa White
City Clerk
a
INTEROFFICE MEMORANDUM
TO:
CHARLIE HARBALL, KALISPELL CITY ATTORNEY
FROM:
RICH HICKEL
SUBJECT:
KALISPELL PARKING COMMISSION
DATE:
3/ 12/ 2003
CC:
CHRIS KUKULSKI
Charlie:
At the risk of beating a dead horse, in the days following the guest editorial in the Interlake by
Bob Herron, I did some research on my own. I first became aware that composition of the Parking
Commission was an issue when Ed Trippet discussed it with Jonathon Smith while I was at the
County Attorney's Office. Jonathon did not believe it was an issue that the County Attorney's Office
needed to be involved with and did not give Mr. Trippet the answer that he was hoping for. Now
that I am back with the City, I would have expected this to become a dead issue, but based on recent
discussion, this appears not to be the case. In that context, I conducted independent research on the
issue to reach my own conclusion on the issue.
Unfortunately, there is no Montana Supreme Court cases on the subject, leaving us to determine
the issue based on interpretation of the statute itself. The provision that seems to be the focal point
of the controversy is §7-14-4609(1), M.C.A. Specifically, this provision requires a council to appoint
electors of the city to the commission, when the city first adopts a resolution. The statute for filling
terms after the commission has been initially appointed is found in the subsequent section, 57-14-
4610(2). This section does not limit appoint of new commission members to electors of the city.
Without conducting research into the legislative history of the section on Parking Commissions,
it would appear that this difference in language may have been by design. At least the argument can
be made that the legislature intended the initial commission membership to be registered electors,
but that following this initial phase, any property owner in the city could be eligible as a member of
the commission. It frankly strikes me as somewhat odd that these sections should be interpreted in a
manner such that a person who owns commercial property in the city and has a vested interest in
parking issues should be barred from commission membership simply because he is not registered to
vote in the City. Plus, in the scheme for filling commission vacancies, the interests of city voters are
represented by requiring appointments to be approved by the council as a whole.
In short, I do not see where the controversy lies, given the plain reading of the statutes in
question. The entire question of who is or is not an elector is purely academic following first
adoption of the authorizing resolution. Am I missing something?
Rich.
a
7-14-4609. Appointment of commission. (1) Except as provided in subsection (3), when the
legislative body of a city first adopts a resolution for a parking commission, the mayor, with the
approval of the legislative body, shall appoint not less than five or more than seven electors of the
city as members of the commission.
(2) Except as provided in subsection (3), the number of members of the commission, once
established, may be changed within the number limits established in subsection (1) by subsequent
resolutions of the legislative body of the city. A resolution to reduce the number of commission
members may not require resignation of any member prior to completion of the member's
appointed term.
(3) The legislative body of a city may designate the board of trustees of a business
improvement district appointed pursuant to 7-12-1121 as the parking commission if the area of
the business improvement district is generally coterminous with the area designated in the
resolution creating the parking commission as being subject to the jurisdiction and control of the
parking commission.
History:
En, Sec. 4, Ch. 223, L. 1951; amd. Sec. 3, Ch. 77, L. 1975; R.C.M. 1947, 11-3704(part);
amd. Sec. 1, Ch. 189, L. 1999.
Compiler's Comments:
1999 Amendment:
Chapter 189 at beginning of (1) and (2) inserted exception clause; inserted (3) authorizing
city to appoint board of trustees of coterminous business improvement district to serve as area's
parking commission members; and made minor changes in style. Amendment effective October 1,
1999.
7-14-4610. Term of office. (1) Except as provided in subsection (3), three of the members who
are first appointed must be designated to serve for terms of 1, 2, and 3 years, respectively, from
the date of their appointments, and two must be designated to serve for terms of 4 years from the
date of their appointment. For a seven -member commission, there must be two additional
appointments of 2 years and 3 years, respectively.
(2) Except as provided in subsection (3), at the expiration of terms established in
subsection (1), members must be appointed for a term of office of 4 years, except that all
vacancies occurring during a term must be filled for the unexpired term. A member shall hold
office until a qualified successor has been appointed.
(3) If the board of trustees of a business improvement district has been appointed to serve
as the parking commission, the term of office for a trustee serving as a commissioner must be the
same as the trustee's term of office as a member of the business improvement district's board of
trustees.
History:
En, Sec. 4, Ch. 223, L. 1951; amd. Sec. 3, Ch. 77, L. 1975; R.C.M. 1947, 11-3704(part);
amd. Sec. 2, Ch. 189, L. 1999.
i
Compiler's Comments:
1999 Amendment:
Chapter 189 at beginning of (1) and (2) inserted exception clause; inserted (3) establishing
same term of office for business improvement district trustee also serving as parking
commissioner; and made minor changes in style. Amendment effective October 1, 1999.
;s C2 , 0 9
RESOLUTION NO. 4105
A RESOLUTION DECLARING A NEED FOR A PARKING COMMISSION TO FUNCTION
IN THE CITY OF KALISPELL, MONTANA, AND DECLARING A JURISDICTIONAL
AREA WHEREIN SAID PARKING COMMISSION IS AUTHORIZED TO FUNCTION. '
WHEREAS, Section 7-14-4601, MCA determines that excessive
curb parking and lack of adequate off-street parking
facilities in cities is against the public interest, and
WHEREAS, Title 7, Chapter 14, Part 46, Montana Code
Annotated, provides a means by which cities may regulate on -
street and off-street parking in a coordinated manner, and
WHEREAS, the City of Kalispell considers it desirable to
create a Parking Commission to operate under the authority of
Title 7, Chapter 14, Part 46, Montana Code Annotated.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
e City of
SECTION =• That there Kalispell to exercise the powers xists a need for hgranted in
Title 7, Chapter 14, Part 46 Montana Code
Annotated, through the appointment of a
Parking Commission.
g TION II. That the Parking Commission appointed pursuant
to this Resolution shall have the authority
granted to parking commissions under Title 7, '
Chapter 14, Part 46 Montana Code Annotated,
within the jurisdictional area, hereinafter
described in Exhibit "A", attached hereto and
thereby made a part hereof.
PASSED BY THE CITY COUNCIL APPROVED BY THE MAYOR OF THE CITY OF
KALISPELL, MONTANA THIS DAY OF JUNE, 1993.
Dougla D. Rauthe - Mayor
Attest:
Finan e.Director
RESOLUTION NO. 4105 Page 1 of 2 '
663
C]
EXHIBIT "A"
Beginning at the North Boundary of Center Street at the
Westerly intersection with 3rd Avenue West, thence,
along the North Boundary of Center Street, Easterly, to the
intersection with the Easterly Boundary of 3rd Avenue East,
thence,
along the Easterly Boundary of 3rd Avenue East, Southerly, to
the intersection with the Southerly Boundary of 5th Street,
thence,
along the Southerly Boundary of 5th Street, Westerly, to the
intersection with Westerly Boundary of 3rd Avenue West,
thence,
along the Westerly Boundary of 3rd Avenue West to the
intersection with the North Boundary of Center Street,
the Point of Beginning.
RESOLUTION NO, 4105 Page 2 of 2