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Home My WebLink About5. C4 Res 4577Page 1 of 2 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chuck Winn, Assistant City Manager SUBJECT: Adoption of Resolution No. 4577 placing the administrative and supervisory responsibilities for the Bozeman Parking Division within the authority of the City Manager. MEETING DATE: January 26, 2015 AGENDA ITEM TYPE: Consent RECOMMENDATION: Conduct a public hearing and adopt Resolution 4577 placing the administrative and supervisory responsibilities for the Bozeman Parking Division within the authority of the City Manager. PROPOSED MOTION: Having considered public comment and the information presented by staff, I hereby move to adopt Resolution No.4577 placing the administrative and supervisory responsibilities for the Bozeman Parking Division within the authority of the City Manager. BACKGROUND: The Bozeman Parking Commission was established by the City Commission in 1974 and consists of seven volunteer members who are “responsible for managing and regulating public parking in the City’s parking districts to best serve the needs of its customers: businesses, residents, employees and visitors.” Currently, the Parking Commission is responsible for the oversight of the division’s administrative functions including hiring, managing and supervising the division’s staff. As the complexity of managing parking in the growing community has increased, so has the time required to properly manage the division’s human resources and operational functions. The Parking Commission has requested the responsibility for personnel management including the selection, appointment, supervision, management and removal of Parking Division employees be transferred from the Parking Division to the City Manager’s office. This will allow the Parking Commission to focus the limited time of its volunteer members on strategic planning, policy development and regulatory review while the supervision of staff becomes the responsibility of the City Manager. We expect improved cooperation and coordination of several city functions to improve with this change. To facilitate this transfer of reporting authority reporting, the Parking Commission unanimously passed Parking Commission Resolution PC2015-01 at its regular meeting on January 14, 2015 (see Exhibit B). 42 Page 2 of 2 UNRESOLVED ISSUES: None identified ALTERNATIVES: None identified. FISCAL EFFECTS: There are no fiscal effects associated with this change in organizational structure Attachments: Exhibit A: Resolution 4577 Exhibit B: Bozeman Parking Commission Resolution PC2015-01 Report compiled on: 01-16-15 43 Page 1 of 4 COMMISSION RESOLUTION NO. 4577 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING RESOLUTION 3803 BY PLACING THE ADMINISTRATIVE AND SUPERVISORY RESPONSIBILITIES FOR BOZEMAN PARKING DIVISION WITHIN THE AUTHORITY OF THE CITY MANAGER. WHEREAS, the Bozeman Parking Commission was established in 1974 by Commission Resolution No. 1676 for the construction and acquisition of off-street parking facilities in the B-3 Zoning District; and WHEREAS, Commission Resolution No. 1676 was amended in 1976 by Commission Resolution No. 1839 to limit the authority of the Parking Commission and amended in 2005 pursuant to the adoption of Resolution 3803; and WHEREAS, Sect. 7-14-4621 (3), MCA, authorizes the Parking Commission to select and appoint or remove such officers, agents, counsel, and employees, permanent and temporary, as it may require and to determine their qualifications, duties, and compensation; and WHEREAS, on January 14, 2015 the Bozeman Parking Commission passed Resolution No. PC2015-01 requesting the City Commission assign to the City Manager all responsibilities for administration and supervision for all Parking Division. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: 44 Resolution No. 4577, Administrative and Parking Responsibilities for Bozeman Parking Division Page 2 of 4 Section 1 That the City Commission reaffirms the need for a Parking Commission in the City of Bozeman. Section 2 That the jurisdictional area of the Parking Commission shall be co-extensive with and limited to the B-3 Zoning District and any Residential Parking Permit Only Districts as created by the Bozeman City Commission, and as may be amended by the Bozeman City Commission. Section 3 That the Parking Commission shall have all the powers specified by Title 7, Chapter 14, Part 46 of the Montana Code Annotated to regulate on-street and off-street parking in the B-3 Zoning District and the several residential parking permit districts as created by the City Commission except as specifically limited by paragraph 4 below or further limited by separate City Commission Resolution. Section 4 That the Parking Commission’s power and authority is limited as follows; a. The Parking Commission shall not acquire the property of another public entity with the entity’s consent; b. The City Manager, or their designee, is responsible for (i) the selection, appointment, supervision, management, and removal of Parking Division employees; (ii) the determination of the qualifications, duties, and compensation of Parking Division employees; (iii) labor relations; and (iv) implement Parking Commission policies and the enforce of parking regulations. In doing so, the City Manager shall on a regular basis consult with the Parking Commission on the City Manager’s exercise of such responsibilities. 45 Resolution No. 4577, Administrative and Parking Responsibilities for Bozeman Parking Division Page 3 of 4 c. All land purchased by the Parking Commission shall be in the name of the City of Bozeman and accepted by the Bozeman City Commission; d. The City of Bozeman Finance Department shall remain the financial record-keeper for the Parking Commission. The Parking Commission financial activities will be subject to and covered in the City’s annual external audit; and e. The Parking Commission shall have the authority to make decisions regarding all expenditures under the City Commission approved Parking Enterprise Fund budget and, except as provided herein, decision making authority regarding all policies, practices, and operations regarding Parking Enterprise assets such as the Bridger Park and all surface parking lots. f. All cash and investments of the Parking Commission shall remain on deposit with the City Treasurer. All revenue collected by the Parking Commission shall be deposited in a timely fashion with the City Treasurer. All expenditures made by the Parking Commission shall be processed through the City Finance Department to be paid out of Parking Commission funds on hand. Section 5 That all current members of the Parking Commission shall continue in the performance of the duties of their office until the end of their term, resignation, or removal. Section 6 All resolutions inconsistent herewith are hereby repealed. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 26TH day of January, 2015. ___________________________________ JEFFREY K. KRASS Mayor 46 Resolution No. 4577, Administrative and Parking Responsibilities for Bozeman Parking Division Page 4 of 4 ATTEST: ________________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 47 BOZEMAN PARKING COMMISSION RESOLUTION PC2O15-OI A RESOLUTION OF THE PARKING COMMISSION OF THE CITY OF BOZEMAN, MONTANA REQUESTING CITY MANAGER ACCEPT ADMINISTRATIVE RESPONSIBILITES, INCLUDING HUMAN RESOURCES, INTERDEPARMENT RELATIONS, AND WORFLOW COORDINATION, OF THE PARKING DIVISION. WHEREAS, pursuant to city Resolution 3803, the Parking Commission has jurisdiction over three parking districts: the downtown B-3 Zoning District, the Montana State University Residential Parking District, and the Bozeman High School Residential Parking District; WHEREAS, Sect. 7-14-4621(3), MCA, authorizes the Parking Commission to select and appoint or remove such officers, agents, counsel, and employees, perrnanent and temporary, as it may require and to determine their qualifications, duties, and compensation; WHEREAS, Sect. 7-14-4625, MCA, authorizes the Parking Commission employment powers subject to all limitations and rights applicable to similar employment by the city unless the legislative body by resolution shall otherwise determine. WHEREAS, Sect. 7-14-4632, MCA, authorizes the Parking Commission to have access, for the purposes of the commission, to the services and facilities of the city planning department, the city engineer, the police department, the fire department, and such other departments and offices of the city as may be appropriate therefor. WHEREAS, the Parking Commission acknowledges the significant increases in parking employees, assets, revenues and management responsibilities over the last five years; NOW, THEREFORE, BE IT RESOLVED that: 1. The Parking Commission requests the City Manager accept and, upon authorization from the Bozeman City Commission, exercise the following administrative responsibilities and no other as currently vested in the Parking Commission: (i) the selection, appointment, supervision, management, and removal of Parking Division employees; (ii) the determination of the qualifications, duties, and compensation of Parking Division employees; and (iii) labor relations; implementation of Parking Resolution PC20l5-01 Page I of2 48 RESOLUTION PC2O15-01 Commission policies and the enforcement of parking regulations. The Parking Commission requests the City Manager consult on a regular basis with the Parking Commission's Executive Committee regarding the City Manager's exercise of such responsibilities. 2. The Parking Commission shall retain all other powers and duties granted by Montana Code Annotated Title 7, Chapter l4,Part 46 and City of Bozeman Commission Resolution No. 3803 including but not limited to the development of parking policies and enforcement regulations, and strategic planning. 3. The Parking Commission shall retain decision making authority regarding all expenditures under the approved Parking Enterprise Fund budget and final decision making authority regarding all policies, practices, and operations regarding Parking Enterprise assets such as the Bridger Park and all surface parking lots. 4. The Parking Commission requests the City Manager consult and coordinate with the Parking Commission prior to any further administrative integration or organizational reforms of the Parking Division. PASSED and adopted by the Parking Commission of the City of Bozeman, Montana, on first readin g at a session held on the I 4th day of Janu ary , 2015 . RYAN OLSON. Chair ATTEST: SCOTT LEE, City of Bozeman Parking Manager Resolution PC20l5-01 Page2 of2 49