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2. Ordinance 1680 - Amending Ordinance 1166 - Administrative Code - 2nd ReadingCity of Kalispell Charles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 TO: FROM: SUBJECT: MEETING DATE: MEMORANDUM Mayor Tammi Fisher and Kalispell City Council Charles Harball, City Attorney Jane Howington, City Manager Tel 406.758.7709 Fax 406,758.7771 charball@kalispell.com Ordinance No.1680 — an Ordinance Amending the City of Kalispell Administrative Code to Reflect Certain Amendments to Duties of Various City Officers and Departments October 18, 2010 — Regular Council Meeting BACKGROUND: On September 7, 2010 Council met and discussed at its regular meeting certain amendments to the City's Administrative Code found at KMC 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 allow staff to draft a further amendment regarding the authority of the City Manager to sign off on City commitments. That suggested language is now included in the draft attached to the Ordinance under KMC 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 second reading. FISCAL IMPACTS: There are no fiscal impacts to these amendments. Respectfully submitted, Charle arball ity Attorney ORDINANCE NO. 1680 AN ORDINANCE AMENDING THE CITY OF KALISPELL ADMINISTRATIVE CODE CODIFIED AT CHAPTER 2 OF THE KALISPELL MUNICIPAL CODE, AMENDING ORDINANCE 1166 AND ALL PARTS OR PORTIONS OF OTHER ORDINANCES IN 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 1" 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 KALISPELL 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 hereby 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. ATTEST: Theresa White City Clerk Tammi Fisher Mayor Exhibit "A" 2-3 Duties of Mayor. The Mayor shall: A.Preside at all City Council meetings; B. Appoint, with the consent of the City Council, all members of advisory boards and commissions; C. Execute all ordinances and resolutions on behalf of the City after 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 nomination and roll call, a president from its membership. In the Mayor's absence from Council meetings, the president shall preside over the meeting. Whenever the Mayor is unable to perform the functions of his office, the president shall act as Mayor. B. Successor: In the event the president of the Council resigns or becomes ineligible to serve, the Council shall elect a successor from its membership. 2-6 Regular Meetings. The City Council shall hold regular meetings on the first and third Monday of each month at 7:00 p.m. in the City Council chambers or any other location or time they so designate. The City Council chambers is located in City Hall, 201 First Avenue East, Kalispell, Montana. 2-8 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. Call by Council Members: A special meeting may be called at the request of three (3) members of the Council. C. Notice Served: Whenever a special meeting shall be called, 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 meeting 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 prior to such meeting. F. 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 Newly Revised, loth Edition, 2000. 2-17 Roll Call. Before proceeding with the business of the Council, the City Clerk shall call the roll of the members and the names of those present shall be entered on the minutes. 2-19 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 City Clerk 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 -arms 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 - arms, 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 subject to the discretion of the presiding officer to cite such violator into Kalispell Municipal Court for the violation of MCA 45-8-101(g) -disturbing or disrupting any lawful assembly or public meeting. 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 City Clerk. 2-29 Statutory Authority and Duties. The City Manager shall: A. Enforce laws, ordinances and resolutions; B. Perform the duties required of him or her by law, ordinances or resolutions; C. Administer the affairs of local government; D. Direct, supervise and administer all departments, agencies and offices of the local government unit except as otherwise provided by law or ordinance; E. Carry out policies established by the City Council; F. Prepare the City Council agenda; G. Recommend measures to the City Council; H. Report to the City Council on affairs and financial condition of the City; I. Execute bonds, notes, contracts and written obligations of the City Council, subject to the following limitations: i) All bonds, notes, contracts and written obligations, including accumulated contract change orders in excess of $50,000 must have prior written approval of the City Council regardless whether or not previously approved in the annual city budget; ii) Any bonds, notes, contracts and written obligations less than $50,000 may be executed by the City Manager without prior written approval of the City Council only if such amount was previously approved by Council in the annual city budget; J. Report to the City Council as the Council may 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. Appoint members of temporary advisory committees established by the Manager. 2-37 Officers of the City. The officers of the City shall consist of: A.All elected positions; B.The City Manager, who shall be appointed by the City Council; C. The City Manager shall appoint the following City officers: 1. City Attorney 2. Planning Director 3. Human Resource Director 4. City Clerk 5. Chief of Police; 6. Fire Chief, 7. Finance Director; 8. Public Works Director; 9. Community Development Director; 10. Parks/Recreation Director. 2-41 Oath. All elected and appointed officers shall take and subscribe to the prescribed oath of office, which oath shall be filed with the City Clerk. 2-48 Fire Chief. The Fire Chief shall, subject to the charge and direction of the Manager: A. Command, Control Department: Command and control all persons connected with the Fire Department; B.Responsible for Apparatus: Be responsible for the engines, ambulances and other apparatus and property of the City furnished to the Fire Department and see that said equipment is ready at all times for use in extinguishing fires and responding to emergencies; C. Authority Over Organization, Discipline: Have full authority over the Fire Department's organization, government and discipline and may establish disciplinary rules, subject to approval by the Council; D.Examine Premises: Examine the premises and occupancies listed in Montana Code Annotated Title 50, Chapter 61, or the International Fire Code for violations of law or regulations and enter school buildings within the City once every twelve (12) months and 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 activities of the Fire Department for the preceding month; F. Other Directed Activities. Undertake such other and further 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; E. 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 Comrrussion 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.Perform 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.