01. Ordinance 1680 - Amending Ordinance 1166 - Administrative Code - 1st Reading (Tabled Sept 7)Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
TO: Mayor Tammi Fisher
and Kalispell City Council
FROM: Charles Harball, City .Attorney
Jane Howington, City Manager
SUBJECT. ordinance No.1680 — an ordinance Amending the City of Kalispell
Administrative Code to Deflect Certain Amendments to Duties of
Various City officers and Departments
ME
ET G DATE, October 4, 2010 — regular Council Meeting
A.CK Ro : On September 7, 2010 Council met and discussed at its regular meeting
certain amendments to the City's Administrative Code found. at K[C Chapter 2. A. couple of
additional minor amendments were moved and passed and the Council determined to table the
matter until the October 4, 2010 meeting to alloy staff to draft a further amendment regarding
the authority of the City Manager to sign off on City commitments. That suggested language is
now it'.%luded in the draft attached to the ordinance under :MC 2-29.
The suggested amendment to KMC 2-29 is to provide the same restrictions to the City
Manager as provided in Montana state statutes. Council has the authority to be more restrictive
than this and may make such motion as it deems appropriate.
RECOMMENDATION: That City Council give consideration to and pass ordinance No. 1680
on first reading.
FISCAL IMPA.C'T'S: There are no fiscal impacts to these amendments.
Respectfully submitted,
Charles r aity ttorney
10ane Howington, City Ma er
All ORDINANCE AMENDING THE CITY OF KALISPELL ADMINISTRATIVE CODE
CODIFIED AT CHAPTER 2 OF THE KALISPELL MUNICIPAL CODE, AMENDING
ORDINANCE PARTS PORTIONS,
CONFLICT HEREWITH, DECLARING AN EFFECTIVE DATE, AND AUTHORIZING
THE CITY ATTORNEY TO CODIFY THE SAME.
WHEREAS, upon its change of government to the Council/Manager form of government, the City
of Kalispell passed Ordinance 1166 on the I 't day of July, 1991 to codify the
administrative code of the city to reflect the duties and obligations of the various city
officers and departments within the municipal government; and
WHEREAS, since that date numerous amendments and changes have been made to those duties
and obligations of the various city officers and departments that have not been
accurately or effectively represented in the Administrative Code; and
WHEREAS, it is in the best interests of the City to amend the Administrative Code to incorporate
those changes that have occurred as reflected in Exhibit "A" attached hereto.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY OF
IALISPELL .AS FOLLOWS:
SECTION I. The City of Kalispell Administrative Code codified at Chapter 2 of
the Kalispell Municipal Code is hereby amended as set forth in
Exhibit "A", attached hereto and incorporated fully herein by this
reference.
SECTION II. Those portions of ordinance 1166 of the City, and all parts or
portions of other ordinances of the City in conflict herewith, are
hereby amended. All other portions of the Administrative Code shall
remain effective as written.
SECTION III. The City Attorney is hcrcby authorized and directed to recodify this
Ordinance.
SECTION IV. This Ordinance shall take effect thirty (30) days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR. of THE
CITY OF KALISPELL THIS 18TH DAY OF OCTOBER, 2010.
*11
Theresa white
City Clerk
Tammi Fisher
Mayor
Exhibit "A"
2-3 Duties of Mayor.
The Mayor shall-,
COUNCIL PPR-OVED THIS
AMENDMENT PRIOR TO
TABLING
A.'reside at all City Council meetings;
B. Appoint, with the consent of the City Council, all members of advisory boa ds and
commissions;
C. Execute all ordinances and resolutions 8 -.1,L iN J& Ned A. fltr-aots on behalf of the City fter Council
approval;
D.Perform ceremonial functions as Mayor of the City of Kalispell,
E. Perform any other duties specifically designated by ordinance or resolution.
Except for the above, the Mayor shall. have no other executive or administrative duties, those
being the responsibility of the City Manager.
2-4 President of the Council.
A.Election. At its first meeting of each even numbered year, the Council shall elect, by
t!pt h
nomination and roll I 6:j F q I-, see -Le 1. 1_n T 1 , + a 1L.,.!, a president from its membership. In the Mayor"s
absence from Council meetings, the president shall preside over the meeting. N"enever the
Mayor is unable to perform the fanctions of his OffiCe'L the president shall act as Mayor.
B. Successor: In the evert the president of the Council resigns or becomes ineligible to
r 6;' 'Pt I -
serve the Council shall elect a, successo.. Qlar-rna I I At , F..,!j '-Jrom its membership.
2-6 Regular Meetings.
The City Council shall hold regular meetings on the first and third Monday of each month at
7: 0 0 p. m. In the C i ty C ounc 11 c h amb ers or any o ther to cation or ti me they so des ignate. The C ity
�4 3 4 IR iriz t A 1 F-e
Council chambers is located in City Hall, Ir -.r T-f A. A X " n u e F 201 First Avenue East,
Kalispell, Montana.
28 Special Meetings.
A.Call by Mayor: The Mayor, or in his or her absence, the president of the Council, may
call a special meeting of the Council whenever public business may require it.
B. all by Cdune I Members: A special meeting may be called at the request of three (3)
members of the Council.
C. rE
Notice Served: Whenever a special meeting shall be called, a-stimmens 0 a
notice in writing signed by the Mayor or the Council President shall be served upon each
member of the Council either in person or by notice left at their place of residence, stating
the date and hour of the meeting.
D.Business Limited: No business shall be transacted at a special mceting unless the same is
stated in the notice.
E. Notice Prior to Meeting: Notice of a special meeting must be served upon the Council at
least twenty-four (24) hours prior to the meeting and the public media shall be notified as
soon as practical jonor to such meeting.
P. waiver of Notice: A special meeting may also be held without the service of notice, only
if the Mayor and a majority of all the Council, prior to the meeting, sign a waiver of said
notice, but in this event, the public media shall be notified as soon as practical prior to such
meeting.
2-13 Parliamentary Questions.
All parliamentary questions which may arise before the Council, not otherwise provided for,
shall be determined by Robert's Rules of order -1.99 Qx PE-241 ti.E) , Newly Revised 10th Edition 2000.
2-17 Roll Cali.
Before proceeding with the business of the Council, the C� Clerk efthe shall call the
roll of the members and the names of those present shall be entered on the minutes.
-19 Entry Upon Minutes.
A Council member may request, through the presiding officer, the privilege of having an abstract
of his statement on any subject under consideration by the Council entered in the minutes. The
Cy Clerk &f C-1.o�B.Le.41. may be directed by the presiding officer, with the consent of the Council,
to enter in the minutes a synopsis or abstract of the discussion upon any question regularly before
the Council.
2-22 Enforcement of Decorum.
The Chief of Police or such member or members of the Police Department as the Chief may
designate, shall be the sergeant--at-arms of the Council meetings.
A. Sergeant--At-Arms: The sergeant -at -anus shall carry out all orders and instructions given
by the presiding officer for the purpose of maintaining order and decorum at the Council
meetings.
B. Arrest: Upon instructions of the presiding officer, it shall be the duty of the sergeant-at-
arrns, or such other members of the Police Department present, to place any
person who violates the order of decorum of the meeting under arrest, and ca�that pefLsefi
tho
subject to
the discretion of the presiding officer to cite such violator into Kalispell Munici aI Court for
the violation of MCA 45-8-101 -- disturbiniz or disrupting qLay lawful assembly or public
meetin .
2-24 Reading and ]Posting of Ordinances and Resolutions.
A. Reading of Ordinance: An ordinance must be read and adopted by a majority vote of the
members present at each of two (2) meetings of the City Council not less than twelve (12)
days apart.
B. Reading of Resolution: A resolution may be submitted and adopted at a single meeting of
the City Council by a majority vote of the members present at said meeting.
C. Title Only: All ordinances and resolutions may be read by title only when presented,
unless a Council member requests that the entire ordinance or -resolution be read.
D.Majority Vote: If an ordinance does not receive a majority vote upon first reading, it shall
be deemed defeated and shall not be presented for second reading.
E. Posting: After first reading and adoption of an ordinance, it shall be posted and shall be
available to the public by the Clerk.A.4&: t1k[He G-00MR-HRA61W
SUGGESTED CITY ATTORNEY
2-29 Statutory Authority and Duties. LANGUAGE PER COUNCILMAN
Th e Ci ty Manager shall: HAFFERMAN'S PROPOSED
A. Enforce laws, ordinances and resolutions; AMENDMENT
B. Perfomi the duties required of hiin or her by law, [rdinances or resolutions;
C. Administer the affairs of local govemment;
D. Direct, supervise and administer all departments, agencies and offices of the local govenmient
Unit except as other -wise provided by I.,iw or ordina . e;
E. Carry out policies established by the City Counc 1;
F. Prepare the City Council agenda;
G. Recommend measures i o i I i c City Counci 1;
H. Report to the City Council on affairs and finan ial condition of the Cit'y;
J. Execute bonds, notes, contracts and written obi gations of the City Council, subject to apf+e
"f 4"-C-1"' C-alln
%JA &-91%0 the following limitations:
i) All bonds, notes, contracts and written obligations in excess of $50,000 must have prior written
a1212roval of the City Council regardless bether or not previously approved in the annual
hubeci
ii) Any bonds, notes,. contracts and wTitten obligations less than $50,000 may be executed b the
Ci.!y Manager without prior written approval of the City Council only if such. amount was previouily
approved b I ty Counci 11* n 111 e annual c i t y bud gret 4,
J. Report to the City Council as the Council inay require;
K. Attend City Council meetings and may take part in the discussion, but shall have no vote,
L. Prepare and present the budget to the City Council for its approval and execute the budget
adopted by the City Council;
M. Appoint, suspend and remove all employees. of the local government except as otherwise
provided by law or ordinance,
N. Appo i nt members o f to ni p o ra ry adv i sort' c o HIM, ftees estab I i shed by the Man ager.
2-37 Officers of the City*
r, he officers of the City shall consist of
A.All elected positions;
.The City Manager, who shall be appointed by the City Council;
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C. D- The it Manager shall appoint the following City officers:
1. it Attomey
2. Planninsa Director
3. Human Resource Director
4. Cl!y Clerk
5. 4-. Chief of Police*
I
6. 2L. Fire Chief;
7. -3- Finance Director;
8. 4-. Public Works Director;
9.-5-. Community Development Director;
10. 6-Parks /Recrcation Director.
2-41 Oath.
COUNCIL APPROVED THIS
AMENDMENT PRIOR TO
TABLING
All elected and appointed officers shall take and subscri e to the prescribed oath of office, which
I
oath shall be filed with the Citv C. lerk o f tllilew C_ 412)1k11Hhc-.
2-48 Fire Chi*ef.
The Fire Chief shall., subject to the charge and direction,, of the Manager:
A.Guru mand, Controi Department: Command and control all persons connected with the
Fire Department;
B. Responsible for Apparatus: Be responsible for e engines, ambulances and other
apparatus and property of the City famished to th Fire Departme- nt and see that said
equipment is ready at all times for use in extin gul bin g fires and responding to emergencies;
C. Authon'ty Over Organization, Discipline: Have . fall authority over the Fire Department's
organization, government and discipline and may establish disciplinM rules, subject to
approval by the Council;
D.Examine Premises: Exarm'ne the premises and becupancies listed in Montana Code
A
I nnotated Title 50, Chapter 61, or the 14nii,1110 International Fire ,Code for violations of law
or revulations and enter school buildings within the City once every twelve ( 12) months and
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other premises subject to law or regulation once every eighteen (18) months;
E. Report to City Council: Report at least monthly to the City Council on the ate. vities of
the Fire Department for the preceding month -
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F. H- Other Directed Activities: Undertake such other and farther activities as may be
directed by the Manager.
2-50 Parks and Recreation. Director.
The parks and recreation director shall, subject to the charge and supervision of the Manager:
A.Manage, Control Parks: Manage and control all parks belonging to the City;
B. Tree Management: By coordinating through the department of public works, manage and
control all trees and other plants upon the streets, avenues, boulevards and public places
within the City and designate the character and quality of all trees planted upon the streets,
avenues and boulevards and other public places;
C. Maintain Parkways, walks: Lay out, establish, improve and maintain parkways, drives
and walks in the parks of the City and make plans thereof;
D.Establish Park Usage: Establish when and what parks shall be open to the public;
7
E. FL. Recreation Programs Establishment: Establish recreational programs utilizing
City parks and facilities which benefit all City residents as authorized by State law;
F. . Other Directed Activities: Undertake such other and further activities as directed
by the Manager.
2-51 Community Development Director.
The Community Development Director shall, subject to the charge and supervision of the
Manager, be responsible for the following:
A.Administer Urban Renewal Law: Administer and carry out the policies established by the
Council pursuant to the urban renewal law;
B. Direct Rehabilitation: Direct the City's efforts to furnish assistance in the rehabilitation of
private dwellings within the City;
C. Administer Grant Programs: Administer the City's commercial loan and commercial
rehabilitation grant programs and to coordinate with the Urban Renewal Commission to be
to report to and advise the City Council as oversight of tax increment policy;
D.Other Directed Activities: Undertake such other and further activity as may be directed
by the Manager.
2-54 City Attorney,
The City Attorney, subject to the charge and supervision of the City Manager, shall:
A.Attend to matters before the Municipal Court, the District Court and the Montana
Supreme Court and such other courts as the Council may direct; provided, however, that the
City Attorney shall have sole prosecutorial discretion as to all criminal matters in
Municipal or District Court and upon appeal;
B. Draft for City Manager review on behalf of the City all contracts, ordinances and
resolutions;
C. Advise the Manager, all department directors and the Council on matters of duties, rights,
liabilities and powers of the City;
D.Perforrn such other functions and duties as directed by the City Manager.
2-55 Suspension or Removal of City Manager.
The City Council, by majority vote of the whole Council, may suspend or remove the
� City Manager only after notice to the party and hearing before the Council.