3. Parking Commission UpdateCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406) 758-7000 Fax - (406) 758-7758
4.
REPORT TO: City Council
FROM: Chris Kukulski, City Manager
SUBJECT: Parking Commission
MEETING DATE: April 14,2003
BACKGROUND: In June, 1993, Resolution No. 4105 established the appointment criteria to
the Parking Commission referencing the MCA Title 7, Chapter 14, Part 46 (copy attached). The
Montana Code does not provide clear guidelines for appointments. A copy of a Billings
resolution is also attached.
RECOMMENDATION: In order to establish clear direction for appointments made to the
Parking Commission, a new resolution could be developed identifying the specific criteria
formulated to represent the Kalispell community.
Respectfully submitted,
C"
Chris Kukulski, City Manager
6�'2
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:
SECTION I. That there exists a need for the City of
Kalispell to exercise the powers granted in
Title 7, Chapter 14, Part 46 Montana Code
Annotated, through the appointment of a
Parking Commission.
SECTION 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 AND APPROVED BY THE MAYOR OF THE CITY OF
KALISPELL, MONTANA THIS 21st DAY OF JUNE, 1993.
Pat_—
DodglaA D. Rauthe - Mayor
Attest:
Finan e.Director
RESOLUTION NO. 4105 Page 1 of 2
u
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.
IRESOLUTION NO. 4105 Page 2 of 2
7-14-4608 LOCAL GOVERNMENT 622
7-14-4608. Adoption of resolutions - jurisdictional area. Either or both such
resolutions referred to in 7-14-4606 and 7-14-4607 may be adopted by the legislative body of a
city. If both such resolutions are adopted, they shall clearly specify areas within the city, less
than the whole thereof, within which or projects over which the commission and the city,
respectively, are to have jurisdiction and control. The division of such jurisdiction and control
shall be as so specified but may be changed from time to time by action of both the legislative
body and the commission to such extent as may be consistent with obligations to bondholders
assumed under this part.
History: En. Sec. 3, Ch. 223, L. 1951; amd. Sec. 2, Ch. 127, L. 1955; R.C.M. 1947, 11-3703(part).
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.
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. See.
2, Ch. 189, L. 1999.
7-14-4611. Removal of parking commission member. A member of a commission'
may be removed by the mayor with the consent of the legislative body of the city.
History: En. Sec. 4, Ch. 223, L. 1951; anrd. Sec. 3, Ch. 77, L. 1975; R.C.M. 1947, 11-3704(part).
7-14-4612. Organization and operation of commission. (1) The powers of each:
commission shall be vested in the members thereof then in office.
(2) The appointing officer shall designate which of the members of the commission shall be
the first chairman, but when the office of chairman of the commission becomes vacant
thereafter, the commission shall elect a chairman from among its members. The term of office"
as chairman of the commission, unless otherwise prescribed by the legislative body of the city,
shall be for the calendar year or for that portion thereof remaining after each such chairman is
designated or elected.
(3) Members shall receive their actual and necessary expenses, including travelingy
expenses, and may receive such other compensation as the legislative body may prescribe
History: En. Sec. 4, Ch. 223, L. 1951; amd. Sec. 3, Ch. 77, L. 1975; R.C.M. 1947, 11-3704(part).
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Sec. 24-1102. Composition, appointment, term.
The parking advisory board shall be composed of nine (9) members who shall possess the qualifications for the
office of mayor or own real property located within the central business district. They shall be appointed from the
city at large by the mayor with the consent of the city council. Members shall serve for staggered terms of four (4)
years each, provided that the mayor shall limit the terms of the first members as follows: two (2) members' terms
will expire at the end of the first year; two (2) members' terms will expire at the end of the second year; two (2)
members' terms will expire at the end of the third year; and three (3) members' terms will expire at the end of the
fourth year.
(Ord. No. 97-5035, § 1, 9-8-97; Ord. No. 97-5044, § 1, 12-8-97)
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