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5. Ordinance 1693 - Amend Ordinance 1166 - Administrative Code - 1st ReadingCity of Kalispell Post office Box 1997 - Kalispell, Montana 59903 Telephone: (406) 758-7701 Fax: (406) 758-7758 REPORT TO: Mayor Tammi Fisher and City Council FROM: Jane Howington, City Manager SUBJECT: Amending ordinance 1166 -- Administrative Code MEETING DATE: March 7, 2011 BACKGROUND: The City of alispell's Administrative Code, Section 2-45, requires the position of Public works Director to act as the city engineer and possess the proper education and professional engineer (PE) licenses. ANALYSIS: The Public works Director must be able to manage complex functions, have knowledge of municipal budgeting, understand regulatory environments, and be able to manage and lead a team of employees. Acting as the city engineer is not a mandatory function of the director's position and therefore should be an option rather than a requirement. RECOMMENDATION: Amend ordinance 1166, Section 2-45(E), to read: "Qualifications; Must possess the proper education and experience to be able to adequately supervise a professional engineer (PE) employed by the City and who shall act as City Engineer". Respectively submitted, Jane Howington City Manager ■ i LL 1: �. AMENDINGAN ORDINANCE i 6 , CODIFIED AS KALISPELL MUNICIPAL CODE 2-45 PUBLIC WORKS DIRECTOR, TO WAIVE THE REQUIREMENT THAT THE DIRECTOR POSSESS A PROFESSIONAL ENGINEER LICENSE, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Kalispell City Council adopted Kalispell Municipal Code 2-45 under Ordinance 1166 that defined the duties and job requirements of the Public works Director; and HEREAS, pursuant to that ordinance at subparagraph E, the Public works Director is required to possess a current professional engineer (PE) license; and WHEREAS, in Mass 1 cities in Montana, such as the City of Kalispell, the function of a Public ,"Works Director is primarily administrative that requires a solid background in municipal public works and the administration of utilities; and WHEREAS, as long as the Kalispell Public Works Department employs an individual who possesses the education, training, and licensing of a professional engineer, it is not necessary that the director of the department possess the same qualifications. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALIS PELL, AS FOLLOWS: SECTION I. That Section 2-45(E) of the Kalispell Municipal Code be amended to read as follows: E. Qualifications: Must possess the proper education and experience to be able to adequately supervise a professional engineer (PE) employed by the City and who shall act as City Engineer; SECTION II. This Ordinance shall be in effect from and after thirty (30) days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, THIS DAY OF MARCH, 2011. Tammi Fisher Mayor ATTEST: Theresa white City Clerk